Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Exhibit 1 Project Manual
Exhibit 1 Project Manual Project Manual TABLE OF CONTENTS INVITATIONS TO BID (ITB) 00200 DEFINITIONS 00300 INSTRUCTIONS TO BIDDERS 1. General: 2. Examination of Contract Documents: 3. Submission of a Bid. 4. Scope of Work. 5. Job Order Contract Overview: 6. Contract Documents. 7. Location of Work: 8. Abbreviations and Symbols. 9. Pre -Bid Interpretations: 10. Submitting Bids: 11. Printed Form of Bid: 12. Bid Guaranty: 13. Acceptance or Rejection of Bids. 14. Determination of Award: ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 SAMPLE Project 15. : Detailed Instructions on How to Prepare a Reference List and How to Prepare and Send Performance Surveys Performance Evaluation Survey Interviews of Key Personnel Customer Reference Listing 1 of 5 Evaluation: 16. Contract Price. 17. Environmental Regulations: 18. Protested Solicitation Award. 19. Postponement of Date for Presenting and Opening of Bids: 20. Qualifications of Bidders. 21. Addenda and Modifications: 22. Prevailing Wage Rates: 23 Equals Benefit Ordinance 24. Proposed Equal Benefits Ordinance Summary CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION 00400 BID/TENDER FORM 00405 CITY OF MIAMI BEACH LICENSES' PERMITS AND FEES 00407 FORM OF BID 1 5 13 13 13 13 13 14 15 16 16 16 16 17 17 17 17 24 31 34 35 36 46 46 46 46 46 46 47 47 47 48 52 52 56 56 58 61 62 May 2007 City of Miami Beach Page I Proiect Manual 00500 SUPPLEMENT TO BID/TENDER FORM 66 00520 SUPPLEMENT TO BID/TENDER FORM - NON -COLLUSION CERTIFICATE 67 00530 SUPPLEMENT TO BID/TENDER FORM - DRUG FREE WORKPLACE CERTIFICATION 68 00540 SUPPLEMENT TO BID/TENDER FORM -TRENCH SAFETY ACT 70 00500 RECYCLED CONTENT INFORMATION 71 00600 CONTRACT 72 00708 FORM CERTIFICATE OF INSURANCE 83 00710 FORM OF PERFORMANCE BOND 84 00720 FORM OF PAYMENT BOND 87 00721 CERTIFICATE AS TO CORPORATE PRINCIPAL 89 00735 PERFORMANCE AND PAYMENT GUARANTY FORM 90 00800 GENERAL CONDITIONS 92 1. Project Manual. 92 2. Intention of City. 93 3. Preliminary Matters 93 4. Performance Bond and Payment Bond: 93 5. Qualification of Surety. 94 6. Indemnification. 95 7. Insurance Requirements. 96 8. Labor and Materials: 98 9. "Or Equal" Clause 98 10. Royalties and Patents. 99 11. Weather: 99 12. Permits, Licenses and Impact Fees. 99 13. Resolution of Disputes: 100 14. Inspection of Work: 101 15. Superintendence and Supervision: 102 16. CITY's Right to Terminate Contract: 103 17. CONTRACTOR's Right to Stop Work or Terminate Contract: 104 18. Assignment: 105 19. Rights of Various Interests. 105 20. Differing Site Conditions: 105 21. Plans and Working Drawings' 106 22. CONTRACTOR to Check Plans, Specifications and Data: 106 23. CONTRACTOR's Responsibility for Damages and Accidents:107 24. Warranty: 107 25. Supplementary Drawings' 108 26. Defective Work: 108 27. Taxes. 109 28. Subcontracts' 109 Page ii City of Miami Beach May 2007 Project Manual 29. Separate Contracts: 112 30. Use of Completed Portions: 113 31. Lands for Work: 114 32. Legal Restrictions and Traffic Provisions: 114 33 Location and Damage to Existing Facilities, Equipment or Utilities: 114 34. Value Engineering: 115 35. Continuing the Work: 116 36. Changes in the Work or Terms of Contract Documents: 116 37. Field Orders and Supplemental Instructions: 116 38. Change Orders. 117 39. Value of Change Order Work: 118 40. Notification and Claim for Change of Job Order Completion Time: 118 41. No Damages for Delay: 119 43. Substantial Completion: 121 44. No Interest* 121 45. Shop Drawings and Samples: 121 46. Field Layout of the Work and Record Drawings: 123 47. As -Built Drawings: 123 48. Safety and Protection: 124 49. Payment by CITY for Tests: 125 50. Project Sign: 125 51. Hurricane Precautions: 125 52. Cleaning Up; CITY'S Right to Clean Up: 126 53. Removal of Equipment: 126 54. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act. 126 55. Project Records. 127 56. Occupational Health and Safety: 127 57. Environmental Regulations: 129 00900 SUPPLEMENTARY CONDITIONS 130 00923 STATEMENT OF COMPLIANCE 131 00925 CERTIFICATE OF SUBSTANTIAL COMPLETION 132 00926 FINAL CERTIFICATE OF PAYMENT 134 00930 FORM OF FINAL RECEIPT 135 01000 ADDENDA AND MODIFICATIONS 137 02000 JOC SUPPLEMENTAL CONDITIONS 133 May 2007 City of Miami Beach Page iii Proiect Manual 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 8, 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 ITB No. 35-06/07 Vertical Citywide 1 ITB No. 36-06/07Horizontal ROW Maximum Contract ValuefTerm $ 2,000,000 $ 2,000,000 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 May 2007 City of Miami Beach Page 1 Proiect Manual 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. Page 2 City of Miami Beach May 2007 Project Manual 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). May 2007 City of Miami Beach Page 3 Proiect Manual 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 Project Manual 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 May 2007 City of Miami Beach Page 5 Proiect Manual 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 I, Project Manual. Volume 11, Construction Task Catalog®. Page 6 City of Miami Beach May 2007 Project Manual 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. May 2007 City of Miami Beach Page 7 Proiect Manual 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. Page 8 City of Miami Beach May 2007 Project Manual 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. May 2007 City of Miami Beach Page 9 Proiect Manual 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 I 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. Page 10 City of Miami Beach May 2007 Project Manual 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 III 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 May 2007 City of Miami Beach Page 11 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. Page 12 City of Miami Beach May 2007 Project Manual 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 multiplying the 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 Proiect 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 less than ten (10) calendar days prior to bid opening. 10. Submitting Bids: 10.1. All Bids must be received in the Procurement Division, City of Miami Beach, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, before the time and date specified for Bid opening, enclosed in a sealed envelope, legibly marked on the outside. A complete and separate Bid package must be submitted for each contract that the Contractor wished to bid: Page 16 City of Miami Beach May 2007 JOC BID FOR: BID/ JOC CONTRACT NO: 11. Printed Form of Bid: 11.1. Proiect 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. Page 18 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. 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) Qualifications of the Contractor's Team (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) May 2007 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. 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 Qualifications of Contractor's Team 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. g. i. Title of the authorized signing officer. j. Date of signature. k. Table of Contents. 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 Page 22 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 29 and 30, 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: 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 Proiect 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. IVendor or Individual Send/Fax Surveys to past clients Call to Confirm Past Customers Prepare & Email Reference List CLIENT E-mail to the City Figure 1: Survey Process A. Creating and Submitting a Reference List The City Compiles Information 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©miamibeachflgov 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 oroiect. The following are the key components to be used for this bid: Key Component The Contractor The Construction Project Manager The Construction Superintended Minimum Number of Surveys allowed 1 1 1 Maximum Number of Surveys allowed 25 10 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 required! 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 Project Manual CLIENT NAME PROJECT NAME DATE COMPLETED [M M/D D/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 camiamibeachfl.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. 1 2 1 Kyle 3 2 George 4 3 Phil 5 4 Bdl - 6 : 5 Matt 7 6 Keith Jones 8 7 Gilbert Grey _ 9 8 John Grecko 4 4 1 N i profkARelerence List/ Attar Iimcrt 4 isf o.id f r ,r r Pica , 3�� Melyf Smith Johnson McGill Robinson Camigan 458.963-8562 458.9638563 City of Mesa 549.785.9654 549.785-9655 City of Mesa 458.965.7852 458-965-7853 City of Mesa 136.621.1264 136.621.1265 ABB Warehouse 658-965-89651658.9658966 ADOT 458.965-85231458.9658524 City of Gilbert 486.965.85231486.965-8523 ICity of Phoenix 486.965.85631486.965.8563IACG Buildings Mesa Park 5/15/2000 536,589 Police Building 3 618/1939 $452,389 Cafeteria #1 1 716/1980 512548 Warehouse renovation 1 6/2/1995 5154,893 Stapley Road Overpas1 1/5/2002 1 $15,648 IRoad Renovation 1 5/4/2003 I $4,865923 (Street Light Installation) 7/2/1990 1 $456,876 (Building 456 renovation1 8,2/2003 1 5159,764 v ' ., I<. Figure 2: Example of Reference List 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 Spark Electrical Contractors - Reference List.xls Bob and Sons Mechanical Contractors - Reference List.xls Figure 3: Submit separate excel files for each component 121 Email Reference lists to the client. 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 C Microsoft Excel C060516_CMB_. Copy of Reference list and Company Profile (A_E_SERVICES) T*c A e- I C': I D€ E I F I G I H l I i J I K t. i Please out wig one of the forms below. i this ref 'fence istisfor acompard,pleue use the Company lam on top. this reference list is for and 8rdwdual, please pu their information in the second form below. DO NOT fill out both Remember there must be a separate excel lie fa each bdwidual participating in the process. 3 3 COmpaiy 5 Company Name: 5 Tine: B Point of Contact: 7 Phone Number: _lith 8 Fax Number: (1041: p n 2 a H R 8 8 Individual Name:l Tape:l Compair Name:l Phone Number:I Fav Ntrmbet: E OR Individual I (AIE Firm, Landscape Architecture Firm, Traffic Eryineering Fink etc) el (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 t isi and Company Profile (Consiruction).xls Project Manual 2 1 Kyle Smith • , 1 Johnson 4 ! 3 Phd �"� McGill ,ace McReaken 6 i 5 Bob Hardy 7 6 MitchelI Adams 4 7 Bill Robinson 9I 8 John Grecko aN i_ r N \ profit ..kg erence lJSt/ 458.9638562 458.963-8563 CAy otMesa Mesa Park 549-785.96541549.785.9655 City of Mesa Police Building 3 6611999 5452,389 458 -965 -78521458 -9a -7E63 City of Mesa Cafeteria #1 7611980 512848 136£21.12641136-621.1265 ABB Warehouse Warehouse renovation 6121995 5154,893 658.965-89651658.965.8966 ADOT Stapley Road Overpass 1,54002 $15,648 458.965.8523 458.96549524 City of Gilbert Road Renovation 51412Ep3 54,865,823 1486-9658523 486.9658523 CAC of Phoenix 'Street Light Installation 72/1990 5456876 486.9658663 486-966-8563 ACG Buildings Building 456 renovation 822083 5159,764 v Survey Questionnaire To: Phii McGiII (Name of person completing survey) Phone: 458-965-7852 Fax: 458 -965-7853 Subject: Past Performance Survey of: ABC (Name or Company) Mark McGraw P Pam Hantihen(SS) (Name orincividua/s) 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 repres,§nting that you were very satisfied (and would hire the firrra/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. 1f 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: - 7:6:1980 I NO CRITERIAUNIT 1 Ability to manage the project cost (minimize change orders) I (1-10) I 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 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Rorida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 , Fax: 305.673.7851 September 28, 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: 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 (Consultant firm and/or Project Manager/Cost Estimator) 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 Proiect Manual 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 PERFORMANCE EVALUATION SURVEY Project Name: ❑ Contractor (Bidder) (Check one) El 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 4 5 6 7 8 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 responses and prompt payment to suppliers and subcontractors) Close out process (no punch list upon turnover, warranties, as-builts, operating manuals, tax clearance, etc. submitted promptly) Communication, explanation of risk, and documentation Ability to follow the users rules, regulations, and requirements (housekeeping, safety, etc...) Overall customer satisfaction and hiring again based on performance (comfort level in hiring contractor again) Overall Comments Page 32 (1-10) (1-10) (1-10) (1-10) (1-10) 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 Project Manual ATTACHMENT 4 Customer Reference Listing CUSTOMER REFERENCE LISTING (5 PROJECTS) Related Project Experience: Complete forms on pages 33 through 42 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. May 2007 City of Miami Beach Page 35 Proiect 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? Page 36 City of Miami Beach May 2007 Project 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* May 2007 City of Miami Beach Page 37 Proiect Manual SAMPLE Project 2 CONTRACTOR'S NAME: CLIENT'S NAME: CLIENT'S CONTACT NAME: CLIENT'S ADDRESS: CLIENT'S PHONE: OVERALL DESCRIPTION OF THE PROJECT: FAX: TYPE OF CONTRUCTION PROVIDED: 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 38 City of Miami Beach May 2007 Project 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* May 2007 City of Miami Beach Page 39 Proiect Manual SAMPLE Proiect 3 CONTRACTOR'S NAME: CLIENT'S NAME: CLIENT'S CONTACT NAME: CLIENT'S ADDRESS: CLIENT'S PHONE: OVERALL DESCRIPTION OF THE PROJECT: FAX: TYPE OF CONTRUCTION PROVIDED: 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 40 City of Miami Beach May 2007 Project 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* May 2007 City of Miami Beach Page 41 Proiect 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? Page 42 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 43 Project 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 44 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 45 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. 20. Qualifications of Bidders: Page 46 City of Miami Beach May 2007 Project Manual 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. 23 Equals Benefit Ordinance 23.1 Bidders are advised that this Bid and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Ordinance No. 2005-3494, entitled "Requirement for City Contractors to May 2007 City of Miami Beach Page 47 Proiect Manual 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. 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 Page 48 City of Miami Beach May 2007 Project Manual 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 are directly performing work on the City contract (covered by the Ordinance). 24.5 In what cases does the Ordinance not apply? May 2007 City of Miami Beach Page 49 Proiect Manual Page 50 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 NE, 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 5Rths vote, waive application of the Ordinance for the following: a. Emergency contracts. b. Contracts where only one bid response is received. 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 City of Miami Beach May 2007 Project Manual 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 51 Proiect Manual 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 [[❑ Race _Yes _No DC' Sex _Yes _No ❑ Color _Yes _No ❑❑ Sexual orientation _Yes _No El Creed _Yes _No ❑❑ Gender identity (transgender status) _Yes _No [i Religion _Yes _No [7L Domestic partner status _Yes _No ❑ National origin _Yes _No ❑❑ Marital status _Yes _No LI Ancestry _Yes _No =Disability _Yes _No [L Age _Yes _No ❑❑ AIDS/HIV status _Yes _No ❑ Height _Yes _No ❑[ Weight _Yes _No Page 52 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. May 2007 City of Miami Beach Page 53 Proiect Manual Yes for Yes for Documentation No, this Employees Employees with Benefit is Not of this Benefit is BENEFIT with Domestic Submitted with Offered Spouses Partners this Form ll [1 [] tl [] El El tl [1 [] fl [] tl tl El tl Health Dental Vision Retirement (Pension, 401(k), etc.) Bereavement Family Leave Parental Leave Employee Assistance Program Relocation.& Travel Company Discount, Facilities & Events Credit Union Child Care Other [1 El tl 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. Page 54 City of Miami Beach May 2007 Project Manual 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 1 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 55 Proiect Manual 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 56 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 57 Proiect Manual 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. Page 58 City of Miami Beach May 2007 Project Manual In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of the Project Manual: Addendum Number 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: May 2007 City of Miami Beach Page 59 Proiect Manual (Sign below if not incorporated) WITNESSES: (Signature) (Sign below if incorporated) ATTEST: (Secretary) CORPORATE SEAL) Incorporated under the laws of the State of: Page 60 (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) City of Miami Beach May 2007 Protect Manual 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 61 Proiect Manual 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) Page 62 City of Miami Beach May 2007 Project Manual 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 May 2007 City of Miami Beach Page 63 Proiect Manual 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) line 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) Page 64 City of Miami Beach May 2007 Project Manual 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: May 2007 City of Miami Beach Page 65 Proiect Manual 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. Page 66 City of Miami Beach May 2007 Proiect Manual 00520 SUPPLEMENT TO BID/TENDER FORM - NON -COLLUSION CERTIFICATE PRIOR TO AWARD OF THE CONTRACT THIS FORM MUST BE SUBMITTED FOR BIDDER TO BE DEEMED RESPONSIBLE. 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) May 2007 City of Miami Beach Page 67 Proiect Manual 00530 SUPPLEMENT TO BID/TENDER FORM - DRUG FREE WORKPLACE CERTIFICATION PRIOR TO AWARD OF THE CONTRACT THIS FORM MUST BE SUBMITTED FOR BIDDER TO BE DEEMED RESPONSIBLE. The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the 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. (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1). (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (5) (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. Page 68 City of Miami Beach May 2007 Project Manual (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (7) (i) Taking appropriate personnel action against such employee, up to and including termination; or (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: May 2007 (Signature) (Print Name) My commission expires: City of Miami Beach Page 69 Proiect Manual 00540 SUPPLEMENT TO BID/TENDER FORM -TRENCH SAFETY ACT PRIOR TO AWARD OF THE CONTRACT THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. 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 Page 70 City of Miami Beach May 2007 Project Manual 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. May 2007 City of Miami Beach Page 71 Proiect Manual 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. W I T N E S S E T H, that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK 1.1. The Scope of work under this Contract shall be determined by individual Job Orders issued hereunder. Upon receipt of a Notice to Proceed, the CONTRACTOR shall 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 Page 72 City of Miami Beach May 2007 Project Manual 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 proiects are hereby fixed at $1,000 per day and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of the Contractor to complete the project on time. 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 73 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 Page 74 City of Miami Beach May 2007 Project Manual 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 75 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. Page 76 City of Miami Beach May 2007 Project Manual 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 77 Proiect Manual 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. Page 78 City of Miami Beach May 2007 Project Manual 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 79 Proiect Manual 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 80 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 81 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 82 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 83 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 84 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, less the amount properly paid by CITY to CONTRACTOR. 4. No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY named herein. 5. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this May 2007 day of , 20 City of Miami Beach Page 85 Proiect 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 Page 86 By Agent and Attorney -in -Fact (Address: Street) (City/State/Zip) Telephone No.: City of Miami Beach May 2007 Project Manual 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 Two Million Dollars ($2,000,000) 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 afterbeginning 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 87 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 Page 88 By Agent and Attorney -in -Fact (Address: Street) (City/State/Zip) Telephone No.: City of Miami Beach May 2007 00721 1, Project Manual CERTIFICATE AS TO CORPORATE PRINCIPAL , 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 89 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 andbetween 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 90 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. May 2007 Authorized Signature City of Miami Beach Page 91 Proiect 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 B. Addenda, if any C. The Job Order D. Detailed Scope of Work, RFP, Plans and Drawings, if any E. Construction Task Catalog®, Volume II F. Standard Specification of the City, State or Federal Government, if any G. Technical Specification, Volume III 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. Page 92 City of Miami Beach May 2007 Pro'act 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 93 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 Page 94 City of Miami Beach May 2007 Project Manual 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 11 2,000,001 to 5,000,000 A Class 111 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. May 2007 City of Miami Beach Page 95 Proiect Manual 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. Page 96 City of Miami Beach May 2007 Project Manual 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. May 2007 City of Miami Beach Page 97 Proiect Manual 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, Tight, 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 Page 98 City of Miami Beach May 2007 Project Manual quality, any 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 May 2007 City of Miami Beach Page 99 Proiect Manual 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 Page 100 City of Miami Beach May 2007 Project Manual 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. May 2007 City of Miami Beach Page 101 Proiect Manual 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. Page 102 City of Miami Beach May 2007 Project Manual 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 May 2007 City of Miami Beach Page 103 Proiect Manual 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 Page 104 City of Miami Beach May 2007 Project Manual 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) May 2007 City of Miami Beach Page 105 Proiect Manual 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 Page 106 City of Miami Beach May 2007 Project Manual 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 May 2007 City of Miami Beach Page 107 Proiect Manual to the guarantee. This guarantee is commenced on the final acceptance date." 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 Tess 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 Page 108 City of Miami Beach May 2007 Project Manual 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 May 2007 City of Miami Beach Page 109 Proiect Manual 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 Page 110 City of Miami Beach May 2007 Project Manual 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. May 2007 City of Miami Beach Page 111 Proiect Manual 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. Page 112 City of Miami Beach May 2007 Project Manual 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 May 2007 City of Miami Beach Page 113 Proiect Manual 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 Page 114 City of Miami Beach May 2007 Project Manual 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 May 2007 City of Miami Beach Page 115 Proiect Manual 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 Page 116 City of Miami Beach May 2007 Project Manual 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, May 2007 City of Miami Beach Page 117 Project Manual 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. AH 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 Page 118 City of Miami Beach May 2007 Project Manual 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 May 2007 City of Miami Beach Page 119 Proiect Manual Page 120 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, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by CONTRACTOR. The amount of liquidated indirect costs recoverable shall be as listed in Article 19 of the JOC Supplemental Conditions per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. 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. City of Miami Beach May 2007 Project Manual 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 May 2007 City of Miami Beach Page 121 Proiect Manual 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. Page 122 City of Miami Beach May 2007 Project Manual 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: May 2007 City of Miami Beach Page 123 Proiect Manual 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 Toss 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 124 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. May 2007 City of Miami Beach Page 125 Proiect Manual 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. Page 126 City of Miami Beach May 2007 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 127 Proiect Manual 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: Page 128 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 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. May 2007 City of Miami Beach Page 129 Proiect Manual 00900 SUPPLEMENTARY CONDITIONS PAGE INTENTIONALLY LEFT BLANK Page 130 City of Miami Beach May 2007 00923 STATEMENT OF COMPLIANCE (DAVIS BACON ACT) No. Contract No. Project Title Project Manual 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) My commission expires: May 2007 as (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (Serial number, if any) City of Miami Beach Page 131' 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 132 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 133 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 Page 134 By Contract Administrator Date 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 belo May 2007 City of Miami Beach Name Title Page 135 Proiect Manual CONTRACTOR WITNESSES: Page 136 Name By Date: 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 137 I 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 March 2007 City of Miami Beach Page i Proiect Manual 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 ("CSV') 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 Page 134 City of Miami Beach March 2007 Project Manual 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. March 2007 City of Miami Beach Page 135 Proiect Manual 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 bv 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 negotiated 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 less, 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. Page 136 City of Miami Beach March 2007 Project Manual 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. March 2007 City of Miami Beach Page 137 Proiect Manual 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 Page 138 City of Miami Beach March 2007 Project Manual 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 yerbal 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 March 2007 City of Miami Beach Page 139 Proiect Manual 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 Page 140 City of Miami Beach March 2007 Project Manual 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. March 2007 City of Miami Beach Page 141 Project Manual 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: 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 Page 142 City of Miami Beach March 2007 Project Manual 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. March 2007 City of Miami Beach Page 143 Proiect Manual 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 Page 144 City of Miami Beach March 2007 Project Manual 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 March 2007 City of Miami Beach Page 145 Proiect Manual 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 Page 146 City of Miami Beach March 2007 Project Manual 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. March 2007 City of Miami Beach Page 147 Proiect Manual 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. Page 148 City of Miami Beach March 2007 Project Manual 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 March 2007 City of Miami Beach Page 149 Proiect Manual 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 Page 150 City of Miami Beach March 2007 Project Manual 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 March 2007 City of Miami Beach Page 151 Proiect Manual 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 Page 152 City of Miami Beach March 2007 Project Manual 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. March 2007 City of Miami Beach Page 153 Proiect Manual 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 Page 154 City of Miami Beach March 2007 Project Manual 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. March 2007 City of Miami Beach Page 155 Proiect Manual 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: 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 Page 156 City of Miami Beach March 2007 Project Manual 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 Toss arising in connection with this Contract. The Contractor shall make March 2007 City of Miami Beach Page 157 Project Manual 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. Page 158 City of Miami Beach March 2007 Project Manual 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. March 2007 City of Miami Beach Page 159 Proiect Manual 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 Page 160 City of Miami Beach March 2007 Project Manual 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. March 2007 City of Miami Beach Page 161 Proiect Manual 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. Page 162 City of Miami Beach March 2007 Project Manual 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 Tess 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. March 2007 City of Miami Beach Page 163 Proiect Manual 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 Page 164 City of Miami Beach March 2007 Project Manual 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 March 2007 City of Miami Beach Page 165 Proiect Manual 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. Page 166 City of Miami Beach March 2007 Project Manual 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 March 2007 City of Miami Beach Page 167 Proiect Manual 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, PROGENO, 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. Page 168 City of Miami Beach March 2007