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HomeMy WebLinkAboutcontract documents 4..Projeat 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 Carlimin VonstructiOvi Con hereinafter referred to as CONTRACTOR. WITNESS .E T .H, that CONTRACTOR and CITY, for the • considerations hereinafter named, agree as follows: .ARTICLEl SCOPE OF WORK • - The Scope of work Under this Contract'shall be determined by individual Job Orders Issued hereunder. Upon , -reteipt of a Notice to Proceed, the CONTRACTOR shell fumishes all architectural and engineering Services to support individual Job Orders, shop drawings, samples, management, documentation, materials, supplies, parts (to included system components), transportation, plant, supervision, labor and equipment needed to perform the work at designated CITY propertles. 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 contractlime is no more then 6 years or when the maximum value of the contract is method. 2.1.1. Once the Contract 'is in Place, . Job Orders .will be issuedfor the individual Job Orders •through Notice to Proceeds; The time for completion of individual Job Orders' will be contained in the Job Order Notice to Proceed. Page 62 City of Miami Beach March 2004 copyright 9 2004 The Gordan Croup • project Manual • 2.2. Time Is of the. essence throughout this Contract. ..Job Orders shall be substantially completed within the specified calendar"days listed on each individual Notice to Proceed, and completed and ready for final payment In accordance with Article 5 within the time specified on each individual Notice to Proceed. 2.3. Liquidated Damages (LDs) may be applied to'individual 'Job Orders at the 'discretion of the City. .The dollar amounts) relative to LDs are riot intended to be applied as penalties, but rather to be applied as damages to the Clty for Its Inability to obtain full beneficial occupancy and/or use of the Project. LDs an construction projects other than streetscaoe or utility protects 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 streeteoape 1 utility project. The additional cost realized by the.City consists of the following components: • Additional Construction administration by City, Program Manager and Consultant. Addltiohal•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 Clty for each day that the project completion is delayed and those costs realized by the City for loss of faculty use. it is estimated that' the PM component of City incurred expense cotald • 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 streetscapelutility projects would be $1,300 per day. March 2004 City of Miami Beach Page 53 copyright, 2pp4 Tha awaken Qroup project 'Manual It Is estimated that the Construction Management corponent of City•incurred expense would be based on the recognized rate of 4% of total project cost. Hence, a $5,000,000 protect that has construction duration of 300 working days would result In a CM cost component of $800 per day. Thls value would vary by project and can be established by the Program Team and provided to the Consultants accordingly. Loss of Parking Revenue:. if applicable, will be incorporated In the Job Order/Notice to Proceed. . 2.4. CITY is • authorized to ' deduct liquidated darnages .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 • extenslons. The CITY'S and or Program construction 'administration costs shall be pursuant to the contract between CITY and Program Manager, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due CONTRACTOR for performance of Work under this Contract by means of unilateral credit change orders Issued by CITY as costs are incurred by Program Manager and agreed to by CITY. • ARTICLE 3 THE CONTRACT SUM AND ADJUSTMENT FACTORS . 3.1. CITY shall pay to CONTRACTOR for the performance of the Work described In the Contract Documents. The contract is an Indefinite -quantity contract with no minimum values. The maximum amount that may be ordered under contract 12-03/04 and contract 13-03/04 is two million dollars ($2,000,000) per term. The maximum value of that may be ordered under contract 12- 03/04 and contract 13-03/04 is ten . million dollars ($10,000,000). The maximum . amount that may be ordered Under contract 14-03/04 Is ($5,000,000) per term. The maximum value that may be ordered under this contract 14-03/04 is twenty five million ($25,000,000). 3.2. Payment shall be at the lump sum price stated' in the Notice to Proceed for each Job Order. Thls price shall be full compensation for all costs, including overhead and profit, associated with .completion of all the work in full • Page 54 City of Miami Beach March 2004 oopynlyk62004 The Gordian (croup Project Manual conformity with the requirements as Stated or shown, or both,. in the Contract 'Documents using the following adjustment factors: . . 3,2.1. Normal Working Hours Construction: Contractor shall perform any or ail functions.called for in the Contract Documents and the individual project Detailed Scope '.of Work, scheduled during normal working hours In- the quantities specified In individual Job Orders against this contract for the unit price sum specified in the Construction Task ,Catalog (CTC) multiplied times the adjustment factor of: 1.0375 3.2.2. Normal Working 'Hours Construction with Architectural and Engineering Service§: - Contractor shall perform any or all functions called for in the Contract' Docurrients and the individual project Detailed Scope of Work, scheduled during -normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the .Construction Task Catalog (CTC) multiplied times the adjustment factor of: 1.0900 3.2.3. Other Than Normal Working Hours Construction:. Contractor shall perform any or all functions called for In the Contract' Documents and the individual project Detailed Scope of Work, scheduled during other than normal working hours In the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog' (CTC) multiplied times the adjustment factor of: 1.0500 32.4. Other Than Norrnal 'Working Hours Construction with Architectural and Engineering Services. , .Contractor shall perform any .or all functions called for in the :Contract Documents and the individual . project Detailed Scope of Work, scheduled during other than normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified In the Construction Task Catalog (CTC) multiplied times the adjustment factor of: 1.0600 3.2.5. Norrrial Working :.Hours Construction using Davis Bacon Wages: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum ' March 2004 City of Miami Beach Page 65 wpWlght O 2004 Me aoidlan G+oop .:project Manual specified in the Construction Task'Catalog (CTC) multiplied times the adjustment factor of: 1.0900 3.2.6. Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services: Contractor shall perform any or all functions called for in the Contract Documents and the • individual project Detailed Scope of Work, scheduled during normal working hours in the quantities specified in individual Job Orders against this contract .for the unit price sum specified in the Construction Task Catalog- (CTC) multiplied times the adjustment factor of: •1.1100 3,2.7. Other Than Normal Working Hours Construction using Davis Bacon" Wages: Contractor shall perform any'or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during other' than normal working hours -:in the quantities specified in individual job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: • 1.0900 3.2.8. Other Than Normal Working. Hours Construction- using Davis Bacon Wages with Architectural and Engineering Services: Contractor shall perform 'any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work; scheduled during other than normal working hours in the quantities specified in individual Job Orders against this contract for the. unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: 1.0900 ARTICLE 4 PROGRESS PAYMENTS 4.1. For Job Orders of duration of 45 days or less; the City will make only one final payment. For Job Orders of duration of more .than 45 days the contractor may make Application for Payment 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 Page-56 City of Miami Beach coayriuh1 2004 The Gorden Group March 2004 Protect Manual and the amount due, together with' such supporting • evidence as may be required by CITY. Contractor shall include, •but same shall be limited to, at City's discretion, with each Application for Payment, an updated progress .schedule acceptable to CITY as required by' the Contract Documents and a release of liens and consent of surety relative to the work which is the subject •-of the Application. -.Each Application for Payment shall be submitted in triplicate to CITY for 'approval. •CITY shall make payment to contractor within thirty (30) days after approval by CITY of contractor's Application for Payment and submission of an acceptable updated progress schedule. 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 ail 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. • ClTY may withhold, in whole or In pert, .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 •iridicating:probable .filing of claims by other parries 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 rtiot'reniodied. • 4:3.5. Liquidated damages .arid 'costs' Incurred .by CITY fair extended construction administration. . 4.3.6 Failure of CONTRACTOR to provide any and all documents required by the Contract Documents. .March 2004 City of Miami Beach aopyrlpld 0 2004 The Oordlon Oroup Page 57 • • • Projedt Manual • ARTICLE 5 - ACCEPTANCE AND FINAL PAYMENT : 5.1. Upon receipt of wrltten'notice from •cont'ractor that the Job Order is ready for final inspection and acceptance, CITY and or Program Manager shall, within ten (10) calendar days, make an Inspection thereof. If Contract Administrator • find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions • :of the permits and regulatory agencies•have been met, a Final Certificate of Payment (Form 00926) shall be Issued by CITY and or Program Manager, • • over Its signature, •stating that the requirements of the Contract Documents have been performed and the Work Is ready for acceptance under the terms and conditions thereof. •• 5.2. Befote Issuance of the Final Certificate for Payrrient, contractor shall deliver to the CITY a complete release of all liensarising out of this Contract, receipts In full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been •pald 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-bulit drawings; and invoice. a.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 nes reviewed a written evaluation of the performance of contractor prepared by .the Contract Administrator, and approved the ' final payment. The acceptance of final payment shall constitute a waiver of all claims by contractor, except those ,previously made in strict accordance with the provisions of the General Conditions arid identified by contractor as unsettled at the time of the application for final payment. Page 58 City of Miami Beach apyrtghl O RCN The Gordian Group March 2004 P alert 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: Whore 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 Crinies 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 sa 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.i 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 intend to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it Is not their . March 2004 City of Miami Beach .Page 59 copyright O 2004 The Gordian Group • • project Manual intent to create any rights or obligations in any third person or entity under this Contract. 6.6. Notices:. 6.6.1. Whenever either party desires tb give notice to the other, such notice must be in writing, seat 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 shell 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: City of Miami Beach Procurement Division 1700 Convention Ce°ter Drive Miami Beach, Florida 33139 Attn: Gas Lopez With .copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor. Carivon Constrpetiou Co. 12171 Sw 131 Avenue Miami, Fl. 33186 Attn: Ivonne Manny 6,7. .Assignment and Performance: 6.7.1. . Neither this Contract • nor any interest herein ,.shall be .assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. Contractor represents that all persons delivering the services required by this Contract have the knowledge .and skills, either by training, experience, education, . or 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 theagreed compensation. Page 60 City of Miami Beach copyright 0 2004 Tha L3adlen (limp March 2004 • • ' t• . ' ' • . • . . • ' I PrOjectiViaiittal 6.7.2. COritteCtor shall perfOrrn Its duties, .Obligations, .and services 'tinder •this Contract in a skillful and respectable manner. The quality of Contractor's performance and all Interim and final product(s) provided to or on behalf of City shall be comparableto the best local and national standards. 6.8 Ivlateriality and WaiVer of BreaCh: • • 6.8.1. City and Contractor agree that each requirement; duty, and obligaticin :set forth in these Contract Documents Is substantial and important to the formation of thls Contract and, therefore, is a. material term hereof. . . 6.8.2. City's- failure to enforce .an provision of this Centred shall nOt be deemed a waiver of such 'provision or modification .of this Contract. A waiver of any breach of a Lprovision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be .construed to be a modifiatttlon of the terms of this Contract. • 6.9. Severance: 6.9.1. In the .eVent a—pOttion .of this Contract Is found by a court of • competent jurisdiction tobe invalid, the remaining provIdlons 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 Lawarid Venuo: •• • • -• . . 6.10.1. Thit-COntract 'shall. be enforceable In Mittrnf-bade 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 He 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 byjury of any civil litigatIOn related to,. or arising out of the . Project. CONTRACTOR •shall specifically bind all sub- contractors to the provisiOns of this Contract. 6.1 1 Amendments: . . 6.11.1. No•Modification, amendment, or alteration in the Wine or Conditions contained herein shall be :effective unless contained In a written document prepared with the tame or similar formality as this Contract and executed by the Board and Contractor. . 6.12 Prior AgreernentS: • _March 2004 City of Miami Beach copyright 2C04 The eardliin Group Page 61 • . . project Manual 6.12.1. This document • incorporates arid ..includes all ',prior negotiations, correspondence, conversations, .agreements,. and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements . or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly,. the parties agree that no deviation from the terms .hereof shall ' be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration In the terms or conditions contained herein shall be effective unless set forth in .writing In accordance with Section 6.11 above. .IN WITNESS WHEREOF, •the parties have set their hands and seals the day and year first above written, Robert Percher, City Clerk MIAMI BEACH David Dermer, Mayor APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION Page 62 City of Miami Beach mpyrfghl 0 2004 Trio Gordian Group 6-ib--oit Date March 2004 Project .Manual . r CONTRACTOR MUST EXECUTE PORAT Obi •ORMAT AS APPE� CABLEi.Ow. . USE CORPORATION OR NON-COR • [If incorporated sign below.] ATTEST: Corporate Seal) [If not incorporated sign below.] WITNESSES: CONTRACTOR (Signature and Title) ( ill (Type Name/Titi Signed Above) -�,` day of ,., 20 CONTRACTOR (Name) By (Signature) (Type Name Signed Above) day of 20 CITY REQUIRESFOUR (4) FULL -EXECUTED CONTRACTS, FOR DISTRIBUTION. March 2004 City of Miami Beach Page copyright® 2004 The Gorden Grouo Bid 'Band :KNOW ALL MEN BY THESE PRESENTS, that We Carivon Construction Company 12171 SW 131st Avenue, Miami, FL 33186 as Principal, hereinafter called the Principal, and Great American Insurance Company 2701 Maitland Center. Pkwy, #125, Maitland, FL 32751 • a corporation duly 'organized under the laws of the State of Ohio as Surety, hereinafter called the Surety, are held and firmly bound unto City of Miami Beach, 1700 Convention Center, 3rd FIoor, Miami Beach, FL 33139 as Obligee; hereinafter call the Obligee, In the sum of Fifty Thousand and XX/100 Dollars • ($50,000.00) for the payment of which sum Well and truly to be made, the said Principal and the saki Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. • WHEREAS, the said Principal has submitted a bid fur 1TB 14-03/04, Capitol Improvement NOW, THEREFORE, if the Obligee shall accept the bid lof the principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond orbonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the . event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed April 22, 2004. Witnesses;: Carivon Construction Company By: Great American By: Mlchael'B net, Attorney -In -Fact and Florida R ident Agent (Seal) surance Company i1 (Seit]) TERRORISM COVERAGE RIDER NOTICE-DLSCLOSURE OF TERRORISM COVERAGE AND PREMIUM • The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks, The Act applies when the Secretary of the • Treasury certifies that an event meets the definition of an Act of Terrorism. The Act . provides that, to be certified, an Act of Terrorism must cause losses of at least five • • million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of • the United States. • • To be attached to and form part of Bond No. N/A • , effective .April 1 22, 2001 In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates • (including, but not limited to Great American Alliance Insurance Company, Great American insurance Company of New York and Great American Assurance Insurance Company) is the surety. The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the terms of the Act. The federal share equals 90% of that portion of ..the amount of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Policy covers certain -losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. GREAT AMERiCAN.INSURANCE COMPANY® Adminietralive Office: 680 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-38D-6000 • FAX 513 723-2740 . The number of persons Authorized by this power of attorney Is not more than THREE - No.017672 POWER OF ATTORNEY . •.KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY. a corprrration organized and existing dad t and by vtnue of the laws of the State of Ohio. does hereby nominate, ennstl Lute and appoint the person orpersons named below its true and lawful auotney- in-fact, for hand in its name. place and stead to execute in behalf of the said Company, as surety, any and all lode, undertakings and contracts of suretyship, tar other written obligations In the nature thereof: provided that the !lability of the said Company an any such bond. undertaking orcontract of suretyship executed under this authority shall not exceed the limit stated below. Name MICHAEL A. HOLMES GERALDJ.ARCH MICHAEL BONET Address ALL OF FT. LAUDERDALE, FLORIDA Limit of Power • ALL UNLIMITED ..• • r This Power of Attorney revokes all previous powers issued in behalf of the uttorncy(si-in•fact named above. ' IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate nlliicers and its corporate seal hereunto affixed this 3IST day of JANUARY 2003 Attest GREAT AMERiCAN INSURANCE COMPANY STATE OF OHIO. COUNTY OF HAMILTON • is On this 31ST day of • being duly sworn. deposes and says that he resides Insurance Company. the Company described in -and said Instrument is such corporate seal: that it was so like authority. DOUGLAS R. BOWEN (513.3o063a11) JANUARY, 2003 • . before me personally appeared DOUGLAS R. BOWEN. to me known. in Cincinnati. Ohio. that he is the Divisional Senior Vice President of the Bond Division of Great American which executed the above instrument: that he knows the seal of the said Company: that the seal affixed to the affixed by authority ai' his office under the By -Laws of said Company, and that he signed his name thereto by This Power of Attorney is grunted by authority of the following resolutions adopted by the Board of Directors of Great Anerican insurance Company by unrinimnus wrincn consent darted March I. 1993. RESOLVED: That the division Ambient, The Several Division Vice Presidents and Assistant trice Presidents. or any one of them. he and hereby is antlnrr'i:ed. f heft Nine ru Ike, !rr appoint one or mare Attorneys -in -Fact ►rr eseente on brhaf f• r(f lire Company. as .weary. any and all bands. andertakingx and . contains of..meteship. or other written obligations in the crooner thereof; ur lrrrsrribe their s rspertire Males and the respective limits of their authority: and to rrlvrke any snob appointment ra any time. RESOLVED FURTHER: That the Company seal and the signature of wry of the difinesald',Threes and any Secretary or Assistant Samar), , el the Company may heeked b facshnilemanlypnuerrfattor•ney,sr•(•ertflir•nterfeithergivenfu•firecrervationrfanvbood, undertaking, runrtraettn. suretyship. r'r other written obligration in the nature Moral: such signalune and seal when so used being hereby adoptedbr 1Iis G•Alnparry as the orla�inal siS,'auue of -such (dour and the original seal e f the Company. to be valid aard binding upon the Company with the .same fine and effect as though tnmwally affixed, CERTIFICATION 1. RONALD C, I IAYES. Assistant Secretary of Great American'lnsurance Company. do hereby certify That the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1. 1993 have not been revoked and are now in full force and effect. Signed and sealed this 22nd day of Aprl I 2004 a 1QSST(11r01) April 22, 2004 Procurement Division City of Miami Beach 1700 Convention Center Drive Third Floor Miami Beach, Florida 33159 Re: JOC Bid for:Capital Improvement Project Bid/Jac Contract No: Itb 14-03/04 Carivon Construction Company has successfully been involved in J.O.C. work for the past three . • years with Metro Dade County School Board and presently holds a Capital Improvement Projects contract number 75.01 /12 with the City of Miami Beach. Carivon is knowledgeable in 'all aspects and requirements of the J.O.C. program. ' The management team that will be assigned to this project is' as follows: Carlos Hernandez • General Contractor Project Manager Ivonne Munne Owner Accounting Melba Sanchez Executive Assistant • J.O.C. Data Entry Osvaldo Alfonso • Superintendent Manuel Gallardo Superintendent Sergio Nino • • Estimating If you have any questions, please contact me at your earliest convenience. Carlos Hernandez Vice -President 12171 S.W. 131 Avenue / Miami, Florida 33186 / (305) 232-9024 / Fax (305) 232-9028 / E-mail carivon@6eilsouth.net e e e e= !!!IMIIMMIIMEmM was ... puhgo selnal ®, PI PSMIMMmNINI e ~ Scorn Miami Plaza Dog Kernel - $ 8.500.0 $ 36,500.0o S 15,000.00 S 74,000.00 100.000.00 $ 210.000.00 3 103.000.00 $ 3,000.00 s,. Homoe Hancock 31 5461.4M !!!!!!!!MEIMMIIME Mani Dede HUG Puri Dade ANdon Dept 22 23 P.O.003542 5-04540004 NIA #12291T NMI G-0112 D115:i.B Two Year Tema, Guard Homes New Con.lr+dirl Clearance Center ADA Upgrades US Coast Guard 91dg df4 lnser4rRenrpddin0 A0347A 54413 14Oc 94-05.135 S 400,00000 S 145,500.00 S 364,220.00 S 400 000,00 $ 500.000.00 s srtomo.ao $ 170,00000 $ nos Teroo $ 275.17200 $ 598,3e3.00 $ 24E 000,00 5 1 S77,513.00 S 300,000.00 S 1. 33.893.70 .000.00 $ 1067,001.71 S 497.509.00 $ 211.000.00 S 904,900.00 of heard Metro Dade HUD Guido Hernandez U.S. Coast Guard Marra Dade Carrer3iooal Ctr Dane of Heeltlna Rehab Bari Dade Aviation Florida DeptofTramped:ation U.S. Coast Glad US Corp orEngingas of Hialeah US. Coast Guard U.S. Coast Greed Sundstrand Carp Raw& $gor2anp RPM .kQo Alvarez Julio ANON= Carlos Herrera REM GuidoHenserrdez Stan Mislead Anther » ERIN Stan Mislaid ERNI Cadosteonnard MEM Inane Burns 305444-5264 305-5*4646 3059965420 305382-1864 305-324-3281 30S-470-S440 30543a-4135 305-225-4400 3054130-12T+5 305-4704440 305-278.8700 904-232--1150 905-883 041 3O5-278-e700 e0445e.6238 305-25134795 • Caton Hernandez Codas Hernandez Carlos Hernandez Carlos Herd Carlos Herrwdez Carlos Hernandez Carlos Hernandez Carlos Hernandez Cadaafdez Caton Hernandez Carlos Hernandez Carlos Heemoidez Cabs Her,andaZ Carlos Hernandez Cabs Hemardrz Lades Remands Carlos Hernandez Carlos Hernandez Carlos Harrowdez HernandezCarlos Carlos Hernandez Carol Hernandez Carbs Hernandez Cabs Hernandez Carlos Hernarelez Renovation to e0r.a.arndo, Rdom mn!ituniftos,2R..Er.i. HEN e e CMOS Heriandaz Carlos Hernandez Caton Hernandez Lids Garda Las Garde Luls Ga der Carlos Herroardez Luis Garda Carlos Cicero Cadoe Otero c Cicero Carlos Cicero MITHIMMT OrS�9 e Near Conshnrr3tor of Dog Mourn, 01 Structures of Residential Homes 10 Neer Guard House trough out Renovadtra b Residential' Eluadlnall New Male Residence. .......... am Carstr :Son of Gas StaticaWarehousa Juan Suede c Renovation b Kidien and Wracks 1 New20 X12wager inleriar Remodeling ofOffdea Apr0a • �,na z�rao wade Pu tI &ft of No€ Medbon ni Beadt oonv Ctr s sae aa2 32 r ., Joe Fleereta El e17�1-Co048 $ 906,57iAo u.5. Carpy(.. , . _ ©f J 1 $ 5.000.00000 Dade •. Pu6Ge$;}�pe� 1 JOC' $ 2.flODA06A0 IIENIss..� r MEM M'''s Design Bold 30S8f16274 _ r CARIVON CONSTRUCTION COMPANY ORGANIZATIONAL CHART JOC CAPITAL IMPROVEMENT PROJECT ITB 14-03/04 Carlos Hernandez Project Manager Administrates Ivonne Munne Melba Sanchez Superintendent Osvaldo Alfonso Saeid Dowlati 1,111.1.0) PIA I 4uuy fo .41.4v 1. 04 OW. 'LIU pioncr WAGER • He will expedite and coordinate day-to-day project operations to enure the project goals • are attained. He will directly manage the construction and will be involved from early • development stages to project completion. He will manage preparation of all document control systems, review construction doouments, maintain the project scheduling program, monitor and evaluate cost and schedules, coordinate construction activities, stimulate guilty work from subcontractors, prepare payment requisitions, monitor and direct field activities, coordinate day-to-day activities with the City of Miami Beach and consultants, conduct weekly Owner progress meetings, establish and maintain quality control, safety programs. He will also secure owner acceptance of any scope changs), conduct pre -job and on job meetings plan major construction operations and sequences. $11PERVISOR. • He will assist and coordinate scheduling aotivitiea throughupplicatlon of diversified controls, He will plan, assist in the preparation of planning and soheduling including • initial schedule and bar charts. He will interface with Project Manager, City of Miami • Beach, and Subcontractors on all planning and scheduling related items including • Csrivon's reporting requirements, progress status, new impacts. • He will assist and prepare detailed eost estimates together With the estimator, tracicing costs during construction, he will review and incorporate historical data from purchase orders, subcontracts, productivity analysis reports, etc. Into unit and man-hour figures. He will review proposal speciftoations, drawings attend pre -bid meetings etc. to determine scope of work and required contents of estimate, and will prepare estimates by Calculating complete take -offs of the scope or work. He is responsible for maintaining • files of working documents as back-up for estimate figuresinterfacing with the City of Miami Beach and subcontractors to provide, if applicable, engineering and east data regarding project feasibility. ESTIMATOR • • The project estimator is directly in charge of project estimating, Hi will visit the site with the Project Manager to review specific scope of work in details. .Estirnator will . apply correct line items from the IOC Item Book to submit cost proposal within the • allocated time. . PROJECT MANAGER, He will expedite and coordinate day -today project operations to ensure the project goals are attained. He will directly manage the construction and will be involved from early development stages to project completion. He will manage preparation of all document control systems, review construction documents, maintain the project scheduling program, monitor and evaluate coat and schedules, coordinate construction activities, stimulate quality work from subcontractors, prepare payment requisitions, monitor and direct field activities, coordinate day-to-day activities with the City of Miami Beach and consultants, conduct weeldy Owner progress meetings, establish and maintain quality control, safety programs. He will also secure owner acceptance of any scope change -to), conduct pre job and on job meetings plan major construction operations and sequences. SUP) RVISO1 • • Re will assist and coordinate scheduling activities through application of diversified controls. He will plan. assist in the preparation of planning and scheduling including initial schedule and bar charts. Ho will interface with Project Manager, City of Miami Beach, and Subcontractors on all planning and scheduling related items including Carivon's reporting requirements, progress status, new impacts. • He will assist and prepare detailed cost estimates together with the estimator, tracking costs during construction, he will review and incorporate historical data from purchase orders, subcontracts, productivity analysis reports, etc. Into unit and than -hour figures. He will review proposal specifications, drawings attend pre -bid meetings eto, to determine scope of work and required contents of estimate, and will prepare estimates by calculating complete takeoffs of the scope or work. He is responsible for maintaining files of working documents as back-up for estimate figures, interfacing with the City of Miami each and subcontractors to provide, if applicable, engineering and cost data regarding project feasibility. IMVIIWOR ▪ The projeot estimator is direotly in charge of project estimating. Ne will visit the eitc with the Project Manager to review specific scope of work in details. Estimator will apply correct line items from the JOC Item Book to submit cost proposal within the • . allocated time, • 1,11. r / • ••. I. r •r r• • v• • r I r• • • r •v 1 4 • V. r r r C r r• r • J OC BID FOR CAPITAL IMPROVEMENT PROJECT CONTRACT NO: °ITB 14-03/04 Project Initiation to Project Close Out • City of Miami Beach informsCarivon that a specific project has been assigned. Set up a site visit with the City of Miami Beach JOC _ Project Manager to review scope of work. Including procedures, specifications and measurements. Request plans from Owner for project.estimating, if available. • Estimate project and assign line items to the project scope. • Items not found in the JOC Book will be assigned as a non pre priced item which will have three proposals . attached for comparison: • Owner will meet with Carivon's Project Manager and estimator to review scope as well as proposal. • Corrections of agreed Iine items, •quantities and specifics will be corrected and resubmitted for approval. + Owner will initiate a Notice To Proceed. • • Submit product data and submittals for approval. • Construction will commence and completed by the time allocated. • A notice of Substancial Completion will be submitted to the Owner. • A site meeting will be conducted to generate a punch list of deflciencies for corrections. • Notify Owner of Project Completion. • . Owner to conduct second walk thru to confirm punch list items have been completed. \���✓/'11111 4V V I • I V• 1V/ V.•• 1 V 1 V VI IIVI'VWC.I V• 1L 1 V 1 V •. Complete Certificate of Conmpietlon forms for Contractor, Architect and Owners signature, if applicable. Through out the progress of workon a monthly basis, Carivon will submit an Application for Payment with all related documents for payment. As per the attached Organizational Chart, Carivon has the staffing for multiple and emergency projects: All employees- have been employed by Carivon for several years and has the required experience needed for this project. Carivon has successfully completed several projects under the JOC program with Miami Dade County School Board • simultaneously with The City of Miami Beach with no deficiencies. ,.i t7,pq;1 4VUY 'IV.YI/VI. IJ.J�1/IYV• VOi IUHILIO r u CarJOS Hernandez.- • .12171 SW 131 Avenue Miami, Florida 33186 • 305-232-9024 WORK EXPERIENCE: GRIEF PROJECT MANAGER/CIIIEF ESTIMATOR CARJVON CONSTRUCTION COMPANY Miami, Florida January 1991-Present Co -Pounder and Vice President. Responsible for the development and excpution of construction/ground up/design/build projects including prime contract negotiations, preliminary cost analysis, bid preparations, subcontractor negotiations and buy-outs, project schedule for labor and materials and subcontractor budget monitoring. Preparation of payments requisitions and project close-out. Supervise personnel on multiple projects including job superintendents, subcontraotors, and internal labor forces. Oversee all estimates. EXPERIENCE. Miami Dade County Public Schoch September 11, 2001 to Present JOC/Maintenance #J0001•Central 3 City of Miami Beach April 24, 2003 to Present IOC #jOC#75.O1/02 Citywide See attached list of projects completed and in process M&R PLANNERS PROJECT MANAGER Estimated coat for this project $2,500,000.00 34 Single Residential Homes March 1987 February 1988 • EDUCATION; High school Graduate Miami Dade Community College, ' Construction Management State ofFlorida, General Contractors License, 1987 US Army Corps of Engineers, Construction Quality Management for Contractors 1 1,11.1,10.0 im.ho•u•-r IdIjVI. .ua/I1V. JIV*IIO r • , lironne•Miinne 12171 SW 131 Avenue Miami, Florida 33186 305432-9024 WORK EXPERIENCE: Coitniller/Asst. Project Manager CARIVON CONSTRUCTION COMPANY Miami, Florida January 1991- Present . Co-Fonnder and President. Responsible for; Public Relations, Construction from — Conception to Completion, Job Costing, Develop/Monitor Project budget, Prepare all Project Reports, Prepare all Financial Reports, Accounts Payable/Receivable, Sales, Mariceting, Advertising, Organization of staff, Bid Preparations, Soliciting Bids from • Subcontractors, SubcontractorNendor Request, Preparation ofPayment Request to Owners, Project Close Out, Change Orders, Purchase Orders, Responsible for Loans/redit Lines. Payroll, IRS Documentation and all Legal Issues. • EXERIENCE: • Miami Dade County Public Schools September 11, 2001 • JOC/Maintanance #JOCO1-Central 3 City of Miami Beach April 24, 2003 to Present JOC/#75.01/02 Citywide • See attached list of projects completed and in progress. Chief Sales Administrator Dean Witter Reynolds Miami, Florida Sales Administrator Merrill Lynch, The Falls Miami Florida EDUCATION: . February 1985 — May 1989 High School Graduate • Miami Dade Community College, Business AdMinistration January 1984 February 1985 tIILUJITU i LUU9 OS'LIU41'LI6 Osvaldo Alfonso 12171 SW 131 Avenue Miami, Florida 33186 305-232-9024 SUPERINTENDENT CARIVON CONSTRUCTION COMPANY Miami, Florida May 1998 Present Over fifteen years experience as a construction professional with a solid record of — consistently completing projects on time and under budget. Successful experience in motivating and direction divergent personnel and agencies toward a cooperative effort on projects. Possess management attributes required to foresee and react to problems through communication and documentation. Over 15 years experience of successful projects with various South Florida Government Agencies. EXPERIENCE: Miami Dade County Public Schools September 11, 2001 to Present JOC / Maintenance #I0001 — Central 3 City of Miami Reach April 24, 2003 to Present IOC #75.01/02 Citywide See attached List ofprojects completed and in process CARCIA-RQSS CONSTRiJCITON December 1984 — November 1991 SUPERINTENDENT EDUCATION: f: • High school Graduate • US Army Corps of Engineers, Construction Quality Management for Contractors 1 i.4 v r•:.. . ... ...WY I. . w . ....... � I Y.. •v Y1 ..V . V V v t V I'I v i V 1 Y Sergio Nino 12171 SW 131 Avenue • • • Miami, Florida 33186 305-232-9024 • Asst Estimator March 1998 - Present CARIVON CONSTRUCTION COMPANY . . Miami, Florida Responsibility include:' . Assisting Chief Estimator, Process ManthlyConstruotion Summary, Maintain Change Order Log, Shop Drawing Los lFFI Logs and Construction Cost Logs Experience; Miami Dade County Public Schools September 11, 2001 to Present IOC/Maintenance #J0001,_ Central 3 City of Miami Beach April 24, 2003 to Present JOC #75.01/02 Citywide . EDUCATION': High school Graduate •• . Miami Dade Community College, Presently Attending ' 'reurt . . J 11. IYItU1MAT o 2UU4 f' t� isms a w. a7 Avanua Miami, , Markle33157. 204(3 m)2 BDOWIATlC oi..4OM swami'', so . Inanity* experience In 9 ichlteriturai design, &slang. and AeloCAD ou,At•11lemionea produdloel And m`nr gementi* as waft as steno 'field experience. Reaponeltde for the (lotto of both residential and commeldal prDiecfs. including: owtom Ilbtu y lames, low and hlgh rise condemlhlerni and apartment complexes, caw and office facilities at misml Intemational art, Tools. ACV' , shopping canters, office buildings and restaurants. UleC Inspector. '�tatil� •w.r._.._.� . d wli & Rrswn i+ootta *alor Project laai 1gar . ■ '.Cede County Schools • iiivea.coniplior Ili +resilonsI Wanda FL • • rteiWa». � � � *aloe* � tllllaai�lw .•. • rojoci* Dade Transit Authority • ■ Miami International Airport, • *Wen River Facades. • Igoe.loo sow►' nt *Die ! fifgvrr FL • PrrJ*a1 leadie jeilinOO illaissifer ■ 'Fisher island . bisriey oriel Fox Studlod , 'Syeinay, Auivtraila, . 1 1044 llrow* A thews Architects Prepaid tanager . • Dade County School /�rll 1902to M*Ilpdha, C olonlrri, i i atafl ow, Core. Oritil wrr FL • A aus last • Temperer)/ CADII ri+aolalilleicas 11Mroduction • .., otumir b ZUU4 6:41/n131g/N0. 6321041218 P 13 1901-1902 • Herpes' Met,* a.tingsjurielif litliunik, . . Frojecet MfligSr Catinty'Sch'oels . 1004090 - ille;e4dy 'a Babcock, •liwz. towinet Oroviti FL Dridlonsan • . Fisher Island . . . . . 1944-1480 • thavid Areihnsell. FA. • Miami* FL • lPtokete Atietircsto •Disigis shad Firediwathin • ' lOw and high rise concloinlalurna 1087.1MM igrillowieritbriiitaman • • . • We• ii4(1 With Daili)nixi Eniiingering egoir4ddoil . -Thema Ft !Maxwell Jr., P.E. (Consulting angiunne) . • 1.9117-10M Mei! bed Atitocjitins filmed, PL. . and Production 19444988 . •1twird AL Sklimair, Airchltaboto , MINIM, FL Design' and Frailuetion .Mlaflfl Internallonal Airport • • anoWteiteril gglaiado FL Design and iroilectian c 34 irn fire rPromnignitufirrti ai flu .1[1kruttn has ronfrrrytt an Oath &Milan thehrrall the Juntaio rr. ilartftla Df tu� Via,,aral of the a_ = - uni) the�_Eitylahtres '. 'if firs Freoibent atth the Bea atre Iterrunhi affittrir. %turn eirrai dabieo, Yjorihrn,on 1+��vr+•+'+++ v c:vJ't 1•.'.0*/IY61. UOLIUYILIO f IU • :Florida Dtpat ataittoa • UMC1 CRTuICATD OF COMPLIANCE 'W■ !r to certify SAND DOWLAT.I • . to certified to toast UDC Ltpccdbat o! .>rub.laUdoaCMoactDt et preaeribed is rr 236.34, I.& add rllb at the State >6aard of Edalcatlan . Vail& 01414001 I* 01414004 ea204 .363.446 • t. rrna. a Cuu4 :10.44C/01. 13.3b/IVv.03GIU4IZIO r .10 4240 S.W.4th et. Mitad FL 33134 • ' Ivan Figueroa • Phase (305)441-24O0 ' Fix (30S) 631-1499 240olnpxs abaJ, outiiet • O1edtiVe Use my knowledge and experience to benefit your company EducatiOn .1981.1982 . New York City Tech.' College • „ Brookljm N.Y. Electronics technology • Recelved no degree • ..Work . DIC 2003- Present Carivon Construction Miami Florida experience • Project Coordinator • . . • Coordinate Sub -Contractors work, maintafua work progress sheets, prepare pre -task plans for Safety team, organize and attend general contractor meetings help maintain safety program. • FEB-2003 — DIC 2003 ' . ABC. Construction - Miami Florida Safisty Manager-- Cater .. . . . . Coordinate employee safety program in Miami International Airport to abide by U.H.S.A. standards. implement training program, accident • prevention and protection. VCT 2001 — FRB -2003 Figaro Construction Xsabela p.R Interior Contractor • . Construction of drywall partitions, aooustic drop ceilings, ceramic and Linolium tiles and general interior construction. Maintain a safety profor ray employees to follow . FEB 2001'— OCT 2001 Acutec Specialty. System* Carolina P.R. Supervisor Srtpervised instollation ofacoustic ceilings and drywall partitions in Up John Phsmseia, Nicorette production building and Luis Muuaos Mahn International Airport. tinw)mrii CVVYG/O1.14•otOPIV.u.Ll•u4Ito r !1 • .Objective Education 4240 S.W1.41h of Miami FL.33134 Ivan F`ioa. • thcdo(305)4a14400' Fax C303) 431.1499 B.etdl2400nrrt§bcIIidutS.Mt - Use my knowledge and experietioe to benefit your company . • 1981-1982 New York City Tech.' College • • Brooklyn' N.Y. Electronics technology . Ranived naidegree - • Work . • DIC 2003- Present •Carivnn Coustrictlon ' Miami Fionda. experience Project Coordinator • . • .. Coordinate Sub-Con1 actarr work, maintain work progress sheets, prepare pre -task plans for safety team, organize and attend general • contractor meetings help maintain safety program. • FEB-2003 - UYC 2003 • .ABC. Construction Miami Florida Safety Manager Carpenter ... . ... Coordinate employee safety program' in Miami lntonaatlonal Airport to • abide by O.H.S.A. standards. Implement training program, accident • prevention and protection. . OCT-2001 — FEB -- 2003 ' triter Cometirue 1ae Isabela P.R. • Interior Contractor • Construction of drywall partitions, acoustic drop ceilings, ceramic and Linolium tiles and general interior construction. Maintain a safety progratn for my employees to follow: FEB-2001 — OCT- 2001 `Acutec Specialty Systems Carolina P.R. Supervisor . . . • Supervised installation of acoustic ceilings and drywall partitions In Up John •Phannscia, Nicorette production building and Lids Mu nips Marin International Airport. MAR-2000 -- FEB- 2001 Caribbean intl. Cvnst, Quyanabo P.R Assistant Supervisor Supervised installation of drywall f rcJng, •gypsum board, tiles, doors, . door frames, acoustic ceilings aitd general interior construction at Merck ' Sharp & Dome Pharmaceuticals and Hewlett Packard, San Juan Puerto Rico. . Coordinate employees safety to abide by OSHA sandards. Project Manual 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 cornptiajge,, cgLiritoncompliance with any formalities connected with the Contract or the changeg'does not affect the Surety's obligation under this Bond. Signed and sealed this ' Sth day of June , 20 04 .WITNESSES: (\QUO_ Cam (SfAALL (Jrclary) (CORPORATE SEAL) IN THE PRESENCE OF: March 2004 Carivon Construction Company Name of Co Patton) .. .sk„ ►, By • .•, ,+:1•, ' s ; 1 1- • (Signature and Title) ype Narne/TI le Signed Ab IIU Gre By CE • er O; PANY Ica: ms anc Arent and Attorney-in-F :.i Michael Bonet g4 5900 N. Andrews Avenue, !/ (Address: Street) Ft., Lauderdale, FT., 33309 Company act and Florida sident Agent 300 (City/State/Zip) Telephone No.: 954-776-2222 City of Miami Beach wig h0NWThe GamfienG p Page 69 Protect Manual 00721 CERTIFIC TE AS TO CORPORATE PRINCIPAL 1, '( -'�LA A VCa , certify that 1 am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that fky -Aerfv GA 7 who signed the Bond(s). on behalf of the Principal, was then \/. P • 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. 0514)(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 Ii01)k KI to mo well known, who being by me first duly sworn upon path .sag Tat, 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 CI ' 1 day of 3( 1 MELBA E. SAKCHEZ Wary Public • State al Salida MyConnielknEcins?AgyZ7,2034 CommI Ulan s 0012C575 Banded By Nailonol Notary Run. . 1AWa Notary Public, State of Florida at Large • u irii -Bonded by Page 70 City of Miami Beach copnIBht 0 200S The Qo Cirn Q Ou March 2004 TERRORISM COVERAGE RIDER NOTICE -DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that, to be certified, an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting an behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part of Bond No. 4175327 , 'effective June 8, 2004 . In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including, but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company) is the surety. The United States Government, Department of the Treasury, will pay a share of terrorism Iosses insured under the terms of the Act. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET a CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513.723.2740 The number of persons Authorized by this power of attorney is not more than THREE No. 0I7672 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the Taws of the State of Ohio. does hereby nominate. constitute and appoint the person or persons named below its true and lawful attorney - in -fact. for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bends, undertakings and contracts of suretyship, or other written obligations in the nature thereof: provided that the nubility of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name MICHAEL A. HOLMES GERALD J. ARCH MICHAEL BONET Address Limit of Power ALL OF ALL FT. LAUDERDALE, FLORIDA UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorncy(s)-in-fuel named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 31ST day of JANUARY 2003 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO. COUNTY OF HA MILTON - ss: DOUGLAS R. BOWEN {5198sa.3e11) On this 3IST day of JANUARY.2003 , before me personally appeared DOUGLAS R. BOWEN, to ine known. being duly sworn, deposes and says that he resides in Cincinnati. Ohio. that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above Instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so of fixed by authority of his office under the By -Laws or said Company. and that he signed his name thereto by like authority, 'I. This Power of Attorney Is grunted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: :thus the Division President, the .several Dit i.sio!t trice Presidents and Assistant Vice Presidents. or any one of them be and hereby is atrthorized,,fivnl time to time. to appoint one or more Attorneys -in -Fact to execute on behalf' of the Company. as surety. any and all bonds, undertakings and cortlrnets to/suretyship. of other written obligations in the nature thereof: to prescribe their respective duties and the respective limits of their authority: and to rei eke any such appointment at any lime, RESOLVED FURTHER: That !!re Company seal and the signature of any of the ufroexuid (Whets and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or c:er rf firaw of either given, fat'the execution of any bond. rmdertaking, ronlraet or snrrn.ship. or other written obligation in the nature thereof, .nwh.sistralme and seal when so used being hereby adopted by the Company as the original signature of such ricer and the original seal (Ore Companx to be valid and binding upon the Outlawry n'ith the .same• fbir.•e and effect as rltnt phi manually affixed. CERTIFICATION I, RONALD C. HAYES. Assistant Secretary of Great American Insurance Compnny, do hereby certify that the foregoing Power of Attorney and the Resolutions t,f the Board of Directors of March i, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 8th day of June 2004 S 102ST 01(01) V •I • . • Project Manual 00708 FORM CERTIFICATE OF INSURANCE INSURANCE CHECK LIST (X 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). MS 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. )Q(X 6. Other Insurance as indicated: Builders Risk completed value $ : .00 Liquor Liability $ %00 Fire Legal Liability $ ,00 Protection and indemnity $ L00 Employee Dishonesty Bond $ 00 )(XX Professional Liability $ 250.000_.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. Q4C3N-\ - . • Contractor Page 64 City of Miami Beach . ooP,rrfphi e 2C04 Thy Garman Graup Signature of Contractor March 2004 ACQRD CERTIFICATE OF LIABILI PRODUCER Brown & Brown, Inc. 5900 N. Andrews Ave. #300 P.O, Box 5727 Ft. Lauderdale FL 33310-5727 Phone:954-776-2222 Fax:954-776-4446 INSURED Cari on Construction Company 1217 S.W. 131 Avenue Miam 8'L 33186 COVERAGES TY INSURANCE OP ID TIII DATE (MMNOpi1rYYY) CARIV-2 06/08/04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: Mariana :a.uranae Company INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR LTR A A A INSRC TYPE OF INSURANCE _ GENERAL LIABILITY X COMMERCIAL GENERAL, LIABILITY CLAIMS MADE a OCCUR OEN'L AGGREGATE LIMITAPPLIES PER: —1 POLICY Ih l P ri LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY OCCUR n CLAIMS MADE DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yee deacnbe under SPECIAL PROVISIONS below OTHER Owners & Contractors Policy POLICY NUMBER CPP13026501002 CA20135420102 D ATE IMMIDD/YY) 04/01/04 04/01/04 404„ WC20083630101 OL2006887000000 04/01/04 01/25/03 PLATE {MN AVE 04/01/05 04/01/05 04/01/05 LIMITS EACH OCCURRENCE UAMAUU 1U R.CNTWJ PREMISES (Ee occurence) $1000000 MED EXP (My one perearl) $ 50000 s 5000 PERSONAL & AOV INJURY 51000000 GENERAL AGGREGATE $2000000 PRODUCTS - COMP/OP AGO $2000000 COMBINED SINGLE LIMIT (Ea ec ldenl) $1,000,000 BODILY INJURY (Par person) 'S BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per eccIdenl) AUTO ONLY- EA ACCIDENT S $ OTHER THAN EA ACC AUTO ONLY: AGO EACH OCCURRENCE $ $ $ AGGREGATE $ $ S wesl/(ru• OrH- TORY LIMITS I j ER E.L. EACH ACCIDENT S $500000 E.L. DISEASE • EA EMPLOYEE $ 500000 E.L. DISEASE • POLICY LIMIT 07/01/04 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Miami Beach is listed as additional insured in respects to the General Liability in regards to Job Order Contract: Capital Improvements Projects, Bid #:14-03/04 CERTIFICATE HOLDER $ 500000 Each Occ. 500,000 Aggregate 500,000 CITY OF City of Miami Beach Risk Management 1700 Convention Center Drive Miami Beach FL 33139 ACORD 25 (2001)00) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 80 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOR�RE:S TIME: +� ACORD CORPORATION 1988 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR LTR A A A INSRC TYPE OF INSURANCE _ GENERAL LIABILITY X COMMERCIAL GENERAL, LIABILITY CLAIMS MADE a OCCUR OEN'L AGGREGATE LIMITAPPLIES PER: —1 POLICY Ih l P ri LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY OCCUR n CLAIMS MADE DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yee deacnbe under SPECIAL PROVISIONS below OTHER Owners & Contractors Policy POLICY NUMBER CPP13026501002 CA20135420102 D ATE IMMIDD/YY) 04/01/04 04/01/04 404„ WC20083630101 OL2006887000000 04/01/04 01/25/03 PLATE {MN AVE 04/01/05 04/01/05 04/01/05 LIMITS EACH OCCURRENCE UAMAUU 1U R.CNTWJ PREMISES (Ee occurence) $1000000 MED EXP (My one perearl) $ 50000 s 5000 PERSONAL & AOV INJURY 51000000 GENERAL AGGREGATE $2000000 PRODUCTS - COMP/OP AGO $2000000 COMBINED SINGLE LIMIT (Ea ec ldenl) $1,000,000 BODILY INJURY (Par person) 'S BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per eccIdenl) AUTO ONLY- EA ACCIDENT S $ OTHER THAN EA ACC AUTO ONLY: AGO EACH OCCURRENCE $ $ $ AGGREGATE $ $ S wesl/(ru• OrH- TORY LIMITS I j ER E.L. EACH ACCIDENT S $500000 E.L. DISEASE • EA EMPLOYEE $ 500000 E.L. DISEASE • POLICY LIMIT 07/01/04 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Miami Beach is listed as additional insured in respects to the General Liability in regards to Job Order Contract: Capital Improvements Projects, Bid #:14-03/04 CERTIFICATE HOLDER $ 500000 Each Occ. 500,000 Aggregate 500,000 CITY OF City of Miami Beach Risk Management 1700 Convention Center Drive Miami Beach FL 33139 ACORD 25 (2001)00) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 80 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOR�RE:S TIME: +� ACORD CORPORATION 1988 if FROM JUN-10-2004 18:58 { :BONDS Mrs., Ivonne Munnc Carlvon Construction Company 12171 S. W. 131 Avenue Miami, FL 33186 Re: City of Miami Beach Job Order Contract • Capital Improvements Project Dar Ivonne: (FRI)JUN 11 2004 8:46/ST. 8:45/N0.6321041606 P 2 P.01/01 Brown & Bwo 5900 N. Andrews Avenue, suite 300 (Zlp: 3 P.O. gox Fvtt Lauderdale, R. 3331 954/7164222 • FAX 9347 sigewlde 14s00V3 It is my understanding that Professional Liability Insurance may be required for the :above referenced project. This coverage is available for contractors such as Carivori Construction Company. If and when the professional liability exposure becomes present, we will be in a position to offer the necessary coverage for your firm, Please contact me with any questions or comments you may have. OW11 & Brown Insurance, Inc. Mi Bonet Vice P sident . rungs .— -- .. • .. ProJeot'Manuaf • 00735 •PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue . IIssuing.Barik's No. Beneficiary, A plicarit: • City of 'Miami 'Beath Amount:' • • 1700 Convention Center Drive. .in United States Funds Miami Beach, Florida 33139 Expiry: (Date) Bid/Contract Number. We hereby authorize you to draw on (Bank, Issuer' name) at by order of and (branch address) for the account of (contractor, applicant, customer) agreed upon by and between the ' City of Mianil Beach, Fidrida and up . to an aggregate (contractor), . athourit, in United States Funds, of . available by your drafts at sight, accompanied by: A signed statement from the City Manager Or his authorized designee, that • the drawing is due to default in performance of Contain obligations on the part, T ' . (corrtracter, applicant, customer)• pursuant to the (applicant, customer) Bld/Contract No.• • . for (naive of project) and Section 255.05, .Florida Statutes. March 2004 City of Miami Beach Page 71 oopyrgh,OZao47hp(laden O p . PrOJect• Manual Drafts must be drawn and negotiated 'not'later than .. . (expiration date) Drafts must bear the clause: "Drawn`under Letter of Credit No . (number) Of dated .: 2004. (Bank name) .,.This Letter of Credit'sh'ail '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 exterided, which' notice must be provided at least thirty . (00) 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 ofthe 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 ih 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 Letier of Credit shall be released one (1) year after the .Final • Completion of the Project by the (contractor, applicant, customer) This Credit Is subject .to the -"Uniform Customs • and •Practice for Documentary • Credits," International Chamber of Commerce (1993 revision), Publication No. 500 -and to the provisions of Florida law. If a conflict between' the Uniform Customs and .Practice for Documentary Credits and Florida law 'should arise, Florida law shall . prevail. If a conflict between • the law of another state or country and Florida law • ..should arise, Florida law shall prevail. Authorized Signature Page 72 City of Miami Beach March 2004 copyright C 2004 The Oortlien Group :Project Manual •00800 . GENERAL CONDITIONS • 1 Project Manual: 1.1. •Order of Precedence of the *Component Parts of the Contract Documents: 1.2. . ' In 'the event of a conflict between 'different 'parts of the Contract Documents, the order of precedence of the component parts • of the Contract Documents shall be' as follows: • . A. Project Manual, Volurne I B.•Addenda, if any • C. Plans and Drawings, if any • Construction Task Catalog,' Vofuime II ' = E. Standard 'Specification of •the • City, State or Federal • Government, if any F. The 'Jab Order G. • •Technical Specification; Volume 'III H. • Proposal and Acceptance Forms I. Invitation to Bid J: Bonds ' K. .insurance 1.3. The Project Manual includes any general and JOC Supplemental.. Contract conditions or'speciiications attached hereto. 1.4. • The Project Manual, along •with .611 .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 fumished, free of charge,:'one paper (1) copy of • the Project Manual, and (1) copy of the CTC. All documents including • the Technical Specifications will be :provided on CD-ROM, which 'shall be preserved and always kept accessible to City and or March 2004 City of Miami Beach wprfph102004 Theflordlin Group Page 73 . • • PrOjeakflantial Program Manager "authorized representatives... Additional copies of . the Project Manual may be obtained from City at the cost of reproduction. . . 2: intentionOf City: . 2.1. . It Is theintent of City to describe in the Contract DOCUMents functionally complete. Project (or part thereof) to be constructed in accordance with the Contract Documents and In accordance with all codes and regulation's 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 wall -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, manuale, . or codes of any technical soclety, organization or association, or to the laws or regulation's of any governmental authority,Whether such reference be specific or by implication, shall mean the latest standard, apecificatiOn, manual,.code or laws or regulationain effect atthe 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 CO and or ProgramManager but before Contractor starts the work at the Job Order site, a conference attended by Contractor,..City and or Program Manager and others as deemed appropriate by Contract Administrator, will be held to discuss the schedule, Shop Drawings other submittals, safety, site access end other issues as required to establish a clear understanding of the construction operations. • • Perfcirmance Bond and Payment Bond: • . . Within fifteen (15) calendar delta 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 two. million ($2,000,000) dollars guaranteeing to CITY the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each 'Page 74 City of Miami Beach March 2004 copyright 0 2034 Ths Gordian Group Project Manual Bond shall be with a surety' company which is qualified pursuant to Article 5. 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 in the amount of $2,000,000 each. If an individual Job Order Is issued over the maximum amount of initial value of the contract bonds, the City will request from the contractor a payment and performance bond equal to the amount of the Job Order. The City will pay for the extra bonds as 'a Non-preprlced task with no mark ups from the contractor. 4.3. Pursuant :to the requirements of Section • 255.05(1)(a), .Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami -Dade County 'and provide City with evidence of such recording. 4A, Alternate Form of Security: In lieu. of a Perfortriarice '.Bond and a Payment 'Bond, CONTRACTOR may 'furnish altemate forms of security which may be in the form of cash, money order; certified check, cashier's check or Uncorrditional letter of credit In the form attached hereto as' Form 00735. Such alternate forms of security shall be subject to the prior'approval of CITY and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by CITY for one year after completion and acceptance of the Work. 5. Qualification of Surety: 5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars 4500,000.00): 5.1.1. Each 'bond must be executed by a' surety company of recognized standing, authorized to do business In the State of Florida as surety, having a resident agent in the State of . Florida and having been in business with a record of successful continuous operation for at least five (5) years. 5.1.2. The surety company shall Hold .a current certificate of authority as acceptable surety on . federal bonds in accordance with 'United States Department of Treasury March 2004 City of Miami Beach copyright 0 2004 The Gordian G oup Page 75 Project Manual Circular 570,'Current Revisions:. 1$ the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks` must be protected by coinsurance, reinsurance, or other methods In accordance with Treasury Circular 297, revised September 1, 1978 (31 . DFR Section 223.10, Section 223.111). Further, the surety company shall provide CITY with evidence satisfactory to CITY, that such excess risk has been protected in an , acceptable manner. 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 Category 500,001 to 1,000,000 ' B+ Class I 1,000,001 to 2,000,000' B+ Class II 2,000,001 to 5,000,000 A Class III ' 5,000,001 to 10,000,000 . A . Class IV 10,000,001 to 25,000,000 . A • • Class V 25,000,001 to 50,000,000 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. Page 76 City of Miami Beach copyright 0 2004 The Gordian Group March 2004 • • Project Manual . Except as specifically •provided herein, this Agreement does : riot require CONTRACTOR to indemnify CITY, its employees, officers, directors, •or agents from any liability, damage, ions, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against CITY by reason of any such claim or demand, CONTRACTOR shall, upon . written notice from CITY, resist and defend such action or proceeding by counsel satisfactory to CITY. 6.2... The indemnification provided above shall obligate CONTRACTOR to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at CITY's option, any and ail claims ofliability and ail 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 Requlrerhehts: • 7.1. Without limiting any of the other . obligations or Ilabilities • of ' CONTRACTOR, CONTRACTOR shall provide, pay for,.and maintain in force until all of Its work to be performed under this Contract has been completed and accepted by CITY (or for such duration as Is otherwise specified hereinafter), the insurance coverages set forth herein. . 7.1.1. Workers' 'Compensation insurance .to apply for all employees In compliance with the "Workers' Compensation Law" of the State Of Florida and ail 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. Cbmprehe'nsive 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: March 2004 City of Miami Beach copyright 0 20041he Gordian Stroup ' Page 77 • •Prajsct Marttral 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. 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. E ' . 7.1.2.8. CITY Is to be expressly Inciuded'as en Additional Insured with respect to lability 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 IimIts 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 Businiess Automobile Liability policy, without restrictive endorsements, as flied 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.:Ownershlp.. 7:2. If the initial Insurance expires'3prior 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. ' • • Page 78 City of Miami Beach copWIght02004 The 0ortllen Urcup March 2004 Project Manual 7.3.• Notice of Cancellation and/or RestitctIon--The pollcy(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 rusk 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. • 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, fumish an additional or replacement bond or bonds In such form, •amount, and with such surety or sureties as shall be •satisfactory to the CITY. •Th'ere 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 formsatisfactory to the Board. • 7.7. Professional Liability Insurance: If the scope of [mirk of this contract; as determined by Individual Work Orders, includes professional services which require sigried and sealed documents, then the Contractor at that point shall provide evidence of Professional Liability Insurance from the' Architect/Engineer of record with policy limits no less than $250,000 per claim. Evidence of said Professional Liability insurance shall be submitted to the CITY prior to the commencement of the professional service. • 8. Labor and Materials: • 8.1. Unless otherwise provided herein, CONTRACTOR' shall provide end pay for all materials, labor; water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or -March 2004 City of Miami Beach copyright 0 2004 The Gordian Group Page 79 Protect Manual .permanent and whether or not Incarporated or to be incorporated in' the Work. • 8.2. CONTRACTOR shall at all .times enforce strict discipline and good order among its employees and subcontractors at the Protect site and shall not employ on the Protect any unfit person or anyone not skilled in the work to which theyare assigned. 9. Royaltles.and Patents: 9.1. . All 'fees, royalties, and •.claims for any ,Invention, or pretended inventions, or patent of any article; material, arrangement, 'appliance, • or method that may be used upon or in any manner be connected with the construction . of the .Work or appurtenances, are hereby Included in the prices stipulated in this Contract for said work. 10. Weather: . 10.1. Extensions to.the Contract Time for delay$ caused by the effects of inclement weather shall be submitted as a request for a change In the Contract Time pursuant to Article 39. These time extensions are Justified only when rains or other Inclement weather conditions or related adverse soil .conditions prevent CONTRACTOR from productively performing controlling items of work identified on the accepted schedule or updates resulting in: 10.1.1. .CONTRACTOR Who unable to work at .least fifty percent (50%) of the normal work day on controlling items of work Identified on the accepted schedule or updates due to adverse weather conditions; or 10.1.2: CONTRACTOR must make .major repairs to the Work damaged by weather. Providing the damage 'wag not attributable to a failure to perform .or neglect by :CONTRACTOR, and providing that CONTRACTOR was unable to work at least fifty percent (50%) of the normal :workday on controlling items of work identified on the • accepted Schedule 'or updates. 11. Permits, Licenses and Impact Fees: • ,• 11.1. -Except as .otherwise provided within the • JOC Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by CONTRACTOR pursuant to this Contract shall be secured and paid for by CONTRACTOR. The General Contractor's Building Permits, Public Works Permits and Zoning Permits will be reimbursed by the CITY for the' cost of the Permit only as a non pre - Page 80 City of Miami Beach copyright 0 2034lhe Oordiur Group March 2004 Project Manual priced task with no marked ups. The cost for obtaining•the Permits is to be included in the Contractor's Adjustment Factor. It is Contractor's responsibility to have and .maintain appropriate Certificate(s) of Competency, valid for the•Work to be performed and Valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 11.2. .Impact fees levied by the CITY and/or Miami -Dade County 'shall be paid by CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual amount of the: impact fee levied by the municipality as .evidenced by an invoice or. other acceptable documentation issued by the municipality and submitted to CITY as a non pre -priced task. Reimbursement to CONTRACTOR in .no eventshall include profit or overhead of CONTRACTOR. 12. .Resolution.of Disputes: -12:1. 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 12.2. Any claim, question, difficulty .or dispute which cannot be resolved by mutual agreement of CITY and CONTRACTOR shall be • submitted to Contract Administrator in writing within twenty-one (21) calendar days. Unless a different period of time Is set forth herein, . . Contract Administrator shall notify CITY and CONTRACTOR in writing of his decision within twenty-one (21) calendar days from the • date of the submission of the claim, question, difficulty or dispute, unless Contract Administrator requires additional time to gather •information or allow the parties to provide additional information. All non -technical administrative disputes shall be .determined by the Contract Administrator pursuant to the time periods provided herein. . During the pendency of any -dispute and after a determination thereof, CONTRACTOR, Contract Administrator and CITY shall act in . good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 12.2. In the event the determination of a dispute under thls ,Article is unacceptable to either party hereto, the party objecting to the March 2004— City of Miami Beach copyright° 2c04The C rdIon Group Page 81 - • .Project 'Manual determination niust 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 rightsand 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. Inspection of Work: ., 13.1. 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. 13.1.1. Should the Contract Documents, CITY and or Program Manager instructions; any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, CONTRACTOR shall give CITY and or Program Manager timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than CITY, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. It any of the Work should be covered • up without approval or consent of CITY and or Program Manager, it must, If required by CITY and or Program Manager, be uncovered for examination and properly restored at Contractor's expense. 13.1.2. Re-examination of any of the Work May be ordered by the CITY and or Program Manager with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by CONTRACTOR.. if such Work is found to be in accordance with the Contract Documents, CITY shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in Page 82 City of Miami Bach oepy4 ht 4 2004 The Gordl&n (croup 1 March 2004 Project Manual accordance with the Contract Documents, CONTRACTOR shall pay such cost. 13.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of, the Contract Documents nor to 'delay the Contract by failure to' inspect the materials and work with reasonable promptness without the written permission or Instruction of the CITY and or Program Manager. 13.3. The payrnent.of any CompensatIon, whatever maybe its character or form, or the giving of any gratuity or the granting of any favor by CONTRACTOR to any inspector, directly or Indirectly, Is strictly prohibited, and any such act on the part of CONTRACTOR will constitute a breach of this Contract. ,14. Superintendence and Supervision: 14.1. The orders of CITY 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 w111 be confirmed in writing- by the CITY and or Program Manager upon the written request of CONTRACTOR. CONTRACTOR shall give efficient supervision to the Work, using its best skill and attention. The CONTRACTOR shall keep on the Work the Superintendent at all times during .the working .hours. The Superintendent shall be reachable 24 hours .a day, seven days a week. If the Superintendent is not available because of Illness or vacation or the like, the CONTRACTOR shall notify the CITY of the . substitute Superintendent, 14.2. Daily; • CONTRACTOR's superintendent shall record, at a 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 March 2004 City of Miami Beach copyright ® 2p 4 iha Owdlen Group Page 83 ..Project Manual encountered; and the time Of termination of work for the day. All Information shall be recorded In the daily log in ink. The daily log shall be kept on the Protect site and shall be available at all times for inspection and copying by CITY and Program Manager. 14:3. The Contract Administrator, CONTRACTOR and Program • Manager shall meet at least weekly or as determined by the Contract Administrator, during the courae of the- Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two' weeks. The CITY and or Program • Manager shall publish, keep; .and distribute minutes and any comments thereto of each such meeting. 14.4. tf CONTRACTOR, in the course .of prosecuting .the' Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or anyerrors, omissions, or discrepancies in the Protect 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, iuntil authorized, will be done at CONTRACTOR's sole risk. 14.5. CONTRACTOR shall supervise'erid direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be Solely responsible for the means, methods, techniques, sequences and procedures of construction.; 15. CITY's Right to Terminate Contract: 15.1. If CONTRACTOR fails to begin' the 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 fall to perform any material term set 'forth . In • the Contract Documents or If CONTRACTOR shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or Insolvency, or shall make an assignment for the• benefit of ° creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to CONTRACTOR and its Surety of such delay, neglect or default, specifying the same. If CONTRACTOR, within a period of five (5) calendar days after such Page 84 City of Miami Basch copyright CI 0004 The Gordian droup March 2004 • ...project -Manuel notice, shell not proceed in' accordahce 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 ail 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 thelcoXnpletion 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 Protect 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. Ali damages, costs and charges 'Incurred by CITY, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to CONTRACTOR. in case the damages 'and expenses so incurred by CITY shall exceed. the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. 15.2. 'If after notice of termination of CONTRACTOR'S right:to proceed, ft is determined for arty reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the same as if the notice of termination had been Issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 • below. 15.3. Thin Contract may 'be terrnirated for 'convenience 1n 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 pald for all work executed and expenses incurred prior to • termination in addition to termination settlement costs reasonably • incurred . by CONTRACTOR • relating to . commitments which had become firm prior to the termination. Payment shall include [reasonable • profit `for . work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 15.4. Upon receipt of Notice of Termination pursuant to Sections 151 or 15.3 above, CONTRACTOR shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver March 2004 City of Miami Beach Page 85 ccpydphl 40 PC04 71e Gorden Group Project Manual or otherwise make available to CITY :all data, drawings; specifications, reports,' . estimates,' : summaries :and such other • •information as may have been required by the Contract Documents • whether completed or in process.. . • CONTRACTOR'S Right to Stop Work or Terminate Contract: 18:1. . Should CITY and or Program Manager fail to' review and approve or • state In writing reasons for non -approval of any Application for Payment within twenty (20) days after it is presented,' or If CITY fails either to pay CONTRACTOR within thirty (30) days after presentation by Program Manager of any sum certified by the CITY, or to notify CONTRACTOR and or Program Manager In writing of any objection . to the Application for Payment, then CONTRACTOR may, give written • notice .to CITY and/or Program Manager of such delay, neglect or default; specifying the same. If CITY and or Program :Manager (where applicable), within a period' of ten (10) calendar days after such •notice shall not rerna'dy the delay, neglect, or default upon • which the notice is based, then' CONTRACTOR may' stop work or terminate •this Contract and recover from CITY payrnent for all work executed •and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by CITY to an • Application for Payment shall be submitted to Contract Administrator in accordance with the provisions of Article 12 hereof. 17. _Assignment: 17.1. Neither party hereto shall 'assign the Contractor any subcontract in whole or in part without the written consent of the other, nor shall CONTRACTOR assign any ninnies due or to becdme due to It hereunder, without the previous written consent of the Mayor and • CITY Commission. • ' 18 . Rights of Various interests: . 18.1. Whenever work being' done by' CITY's forces 'or by other contractors • is contiguous to or within the limits of work covered by this Contract, the respective rights of the ;various interests Involved shall be • .established by the Contract Adr'ninistrator•to secure the completion of :the various portions of the work in general harmony.. 19 Differing Site' Conditions' • 19.1. • In the event 'that during • the .Course of the 'Work CONTRACTOR • encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents •and or the Detailed Scope of Work and from those ordinarily • -.'Page 88 City of Miami Beach March 2004 aopr+iGhl2C041ho Gordian Qrcup Project Manual 'encountered and generally ireCognized as inherent In work of the character called for In. the Contract Documents; or unknown physical conditions of the Protect 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•conditioris, shall, within twenty-four (24) hours of their discovery, notify CITY and or Program Manager in writing of the existence of the aforesaid conditions. CITY and or Program Manager shall, within two (2) business days after recelpt of Contractor's written notice, investigate -the site conditions identified by CONTRACTOR. , If, in the sole opinion of CITY and or Program Manager, the conditions do materially so differ and cause an increase or decrease In Contractor's cost of the original Detailed Scope of Work, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, CITY and or Project Manual: Program Manager shall recommend an equitable adJustment to the- Contract Price by initiating another Job Order based on the new Detailed Scope of . Work, or the Contract Time, or both. if CITY and Or Program Manager and CONTRACTOR cannot agree on an adJustment in the Contract Price or Contract Time, the adJustment shall be referred to the Contract Administrator for determination in accordance with the provisions of Article 12. Should the Contract Administrator determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, the Contract Administrator shall so notify CITY and or Program Manager and CONTRACTOR in writing, stating • the reasons, and such determination shall be final and binding upon the parties hereto. . • 19.2. No request 'by CONTRACTOR' for 'an .equitable adjustment to the Contract under this provisionshall be allowed unless CONTRACTOR has given written notice • in !strict accordance with the provisions of this Article. 19.3. No request for an equitable adjustment or change . • to the Contract Price or Contract Time for differing site conditions shall be allowed if made' after the date certified by CITY and Program Manager as the date' of substantial completion. • 20. • Plans and Working Drawings; • 20.1. CITY and or Program Manager shall have the right to modify the details of the plans and specifications, :to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, :all of which shall be considered as part of the Detailed Scope of Work. In case of disagreement • March 2004 'City of Miami Beach Page 87 OOpyriph10 Pas DIP Owdlen 4raup Project Manua! •. between the written arid .graphilo ,portiona- of the Detailed &cps of Work, the written portion shall govern. 21: CONTRACTOR to Check Plans, Specifidations and Data: • 21.1, CONTRACTOR Shall verify all dimbrielons; griantities and details shown on the plans, specIficationt"or other data received from CITY .• and or Program Manager, and shall notify CITY and or Program Manager of all errors, omissions and •discrepancies. found therein within three ,(3) calendar days of discovery. CONTRACTOR will not be allowed to take advantage of any error, ornisslOn or discrepancy, as full Instructions will be furnished by the CITY and or Program Manager. CONTRACTOR shall not be liable for damages resulting from errors, omissions or discrepancies- in the • contract Documents Unless CONTRACTOR recognized such. . error, omission or discrepancy and knowingly' failed to report it to the • CITY and Or Program Manager. , • ; • • 22. . CONTRACTOR's ResporisibilitYfor Daniaged and Abeidents: 22,1, CONTRACTOR shall accept full responsibility forth'e Work against all loss or damage of whatsoever nature sustained until final acceptance by CITY, and shall promptly repair any damage done from any cause • Whatsoever, except as provided In Article 29. 22.2.. CONTRACTOR shall 'be responsible for all materials, equipmentend . supplies pertaining to the Project. In the event any Such materials, equipment and supplies are' lost, stolen, damaged or destroyed prior to final acceptance by CITY, ;CONTRACTOR shall replace same without cost to CITY, except as provided in Article 29. 23: Warranty: 23.1. CONTRACTOR warrants to CITY that all materiels 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 end authorized, may be considered defective. If •' required by CITY and or Program Manager,' CONTRACTOR shall furnish satisfactory evidence • as to the kind and quality of materials • and equipment. 23.2, work furnished under this ooritect 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 . . I • . . Page 88 City of Miami Beach • March 2004 • copyright 12 E04 "rho Gordian Group • Project Manual ' otherwise specifically specified in other parts ' of the Contract Documents,' or within such longer period of time .as May be prescribed by law or provided by the manufacturer. 23.3. The Guarantee•shall includelhe name of the project as designated in the ,Job Order, be signed by an officer of the company having authority to provide. the warranty; and state: "This document serves as a one (1) year written guarantee for the work performed, and Material and equipment installed on the above referenced Work Order. This guarantee incorporates all provisions of the Contract Documents that refer or relate to the guarantee. This guarantee Is commenced on the final acceptance date." 23.4. During the guarantee. period, the Contra0tbr'shall 'repair arid. 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 1tie functioning of the piece of equipment, or in the functioning and operation of pieces of equipment operating together as a functional unit. Any equipment or material which is repaired or replaced shall have the guarantee period extended for a period of one year from the date of'the last repair or replacement. • 24; Supplementary Drawings: 24.1. When; .in :the opinion of the CITY and or 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 and or Program Manager or the Contractor • may be requested to prepare Architectural Services to document the Detailed Scop'e'Of Work. • 24.2. The supplementary drawing's shall be binding • upon CONTRACTOR 'With 'the same force as the Project Manual. Where such • supplementary drawings require•eitherless or more than the original . • Detailed Scope of Work, appropriate adjustments shall be made by • • issuance of an a Job Orderalong with the required documentation. . • Defective Work: ' • • •25.1. The CITY and or Program Manager shall' have• the authority to reject or disapprove work which CITY and or Program Manager finds to be defective. If required by the CITY and or Program Manager, CONTRACTOR shall promptly either correct all defective work or remove such defective work and replade'It with non -defective work. CONTRACTOR shall bear all direct, indirect and consequential costs March 2004 City of Miami Beach copyright m 2OW The Gordian group Page 89 :Pr'bJect Manual of such removal or corrections including cost of testing laboratories' • .and personnel. 25,2. . Should CONTRACTOR fall 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 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 deciaraCONTRA'CTOR In default. 25.3. If, within one (1) year after the date 'of suastantlal completion or such longer period of time as may' be prescribed by the terms of any .applicable special warranty required by the Contract Documents, or by any specific provision of the'Contract Documents, any of the Work Is found to be defective or not In accordance with the Contract Documents," CONTRACTOR; 'after .recelpt of written notice from CITY, shall promptly correct sch 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 IriOluding but not limited to, Article 23 hereof and any claim regarding Patent defects. 25.4. Failure to reject any defective *ark or material shall 'not lrrany way . .prevent later rejection when such defect is discovered, or obligate CITY to final acceptance. 26. Taxes: • .26.1. CONTRACTOR shell pay all applicable sales, :consumer, use ' and • other taxes required by law. ; . CONTRACTOR is responsible for reviewing the :pertinent state ` statutes involving state taxes and complying with all requirements.': Sales Tax has been included in the material and equipment cost of the unit prices. 27. Subcontracts:'. 27.1. CONTRACTOR"shall not employ any subcontractor or Architectural and Engineering firm against whom CITY and or Program Manager may have a reasonable objection. CONTRACTOR shall not be . Page 90 City of Miami Beach . March 2004 copyright O 2004 Thu Gordian Group • required to employ any 'subcontractor against whom CONTRACTOR • • has a reasonable objection. ; . 27,2. CONTRACTOR shall be fully responsible for all acts arid 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 o'r'any'obligation on the part of . CITY to pay or to see the payment of any mottles due any • subcontractor. CITY and or Program • Manager may furnish to any subcontractor evidence •of amounts paid to CONTRACTOR • on account of specific work performed. 27.3. CONTRACTOR agrees`to bind speciflca'IIy every S+ bcontractor to the applicable terms and conditions of the Contract Documents for the benefit of CITY. . 27.4. For Contract .12-03/04' public Works Contract CONTRACTOR shall • perform the Work with its own ••organiYation, amounting to not Tess 30% of the Contract ; Price. For Contracts 14-03/04 Capital lrnprovernents Projects and 13-03/04 City Wide,' CONTRACTOR • shall perform the Work with its •own organization, amounting to not Jess than 10% of the Contract Price; The participation will be en accumulative participation over the contract. 27.5 . E eOutlon of•Sub'contracts: • 27.5.1. The Contractor shall provide with each Job Orden Price . Proposal a list Of proposed subcontractors and type of • . work being .performed. This list shall be provided on a form 'provided by CITY. • 27,5.2. The Contractor'shall 'not corrimit to or finalize subcontract's with any subcontractors until receipt of approval of each • subcontractor and receipt of a Job Order by the CITY. No 'subcontractor shall be used that Is excluded from Federal, State or CITY of Miami Beach procurement programs nor those who have been debarred 'or otherwise excluded from 'the CITY procurement system. 27.5.3: Upon receipt : of a Job Order; • the Contractor shall immediately enter Mtn .each ,approved subcontract, and 'thereafter shall neither terminate any such subcontract nor .reduce the scope of the work to be performed by, or March 2004 City of Miami Beach Page 91 copyright 020 4'Rie Go -ditto Group ProJect'Mantra! decrease the ..price to be _paid tp 'the subcontractor thereunder without prior notification to CITY. 27.5.4. • if the .CI'`rY rejects any sub contractor or a'rchItecturai and . : engineering firm proposed, it is hereby agreed that the . rejection will not be the basis for. an increase' in • the Job Order Price Proposal. 27.6. Procedure for Changing Listed Subcontractors: A s'ubcontfactor may be changed only subsequent t6. notlflcation to and approval from the CITY. The notification of change shall state reasons for the change with a release from the listed subcontractor attached thereto. • 27.7. The Contractor shall give hIslher personal attention constantly to the' faithful performance of the works shall keep' the same under his/her own control, and shall not assign the contract by power of attorney or otherwise, nor sublet the work or any part thereof, without the previous written consent of the CITY. '27.8. If 'an approved Subcontractor effects to subcontract any .portion of its •subcontract, the proposed sub -'subcontract shall be Submitted in the same manner as directed above. .27.9. . Wherever the word •Strbcontrector appears; It • also meads sub- ' Subcontractor. • 27.10. No .Subcontractor be ..permitted on " the Site .unless such subcontractor Is approved. Before entering into any .subcontract • ' hereunder, the Contractor shall inform .the Subcontractor fully and completely of all 'provisions and requirements 'Of this Contract relating either directly or Indirectly to The Work to be performed and the materials to be•furnished under such subcontract, and every such Contractor shall expressly stipulate that all labor performed and Materials ..furnished thereunder shall strictly comply with the requirements of the Contract. : . 27.11. The. agreement between the Contractor and Its Subcontractors shall contain the same terms and conditions as to method of payment for Work, labor and materials, and as to retained percentages as are contained in thls Contract. 27.12. The Contractor shall pay 'all 'Subcontractors. for and on account of Work • performed by such Subcontractors in accordance with the terms of their respective subcontracts. If and when required by the CITY, the Contractor shall submit satisfactory evidence that it has made such payment. Page 92 City of Miami Beach CapyrIghl 0 2034 fii Gardlen Graup March 2004