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HomeMy WebLinkAboutproject manualPROJECT MANUAL • ARTICLE 6 ECONOMIC PRICE ADJUSTMENT • (APPLICABLE TO THE •OPTION PERIODS ONLY) 6.1. This Article provides a means to adjust the Contractor's Adjustment Factors on an annual basis by mutual agreerriept of the contracting gartles from the date of the Contract award. The actual negotiated escalation/de-escalation will not exceed as measured by the Construction Cost Index (CCI) published in the ENR (formally known as Engineering News Record) calculated for the U.S. Twenty (20) City Index. 6.2. The "original Adjustment Factors" are those Adjustment Factors submitted with the Contractor's Bid that remain in effect for a one year period beginning with the date of Contract award. Providing the Contract is still in effect, the Contractor's Adjustment Factors shall be negotiated at each annual anniversary date of the Contract award (i.e. in beginning of month 13, 25, 37 and 49 of the Contract). r.enieiwuwelieagesir ARTICLE 7 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION 7.1. The CITY is not required to furnish drawings or additional specifications for Job Orders Issued under this contract. The CITY may, however, choose to Page 136 City of Mlaml Beach Copy 11W C 2004 The Oathin GAWP p March 2004 THE GORDIAN GROUP® • • • • • • • .Projedt Manuel TABLE OF CONTENTS INVITATION TO BID 1 00200 DEFINITIONS 6 00300 INSTRUCTIONS TO BIDDERS 14 1.. General: 14 2. Examination of Contract Documents: 14 3. Submission of a Bid' 14 4. Scope of Work' 14 5. Job Order Contract Overview: 15 6. Contract Documents' 16 7. Location of Work: 17 8. . Abbreviations and Symbols: 17 9. Pre-BId Interpretations: 18 10. Submitting Bids:... 18 11. Printed Form of Bld: 18 12. Bid Guaranty: 18 13. Acceptance or Rejection 'of Bids* 19 14. Determination of Award: 19 15. Evaluation: 20 16. Contract Price- 20 17. Postponement of Date for Presenting and Opening of Bids: • 20 18. Qualifications of Bidders: 20 19. Addenda and Modifications: 20 20. Prevailing Wage Rates: 21 00400 BID/TENDER FORM 22 00405 CITY OF MIAMI BEACH LICENSES' PERMITS AND FEES 25 00407 FORM OF BID 26 00500 SUPPLEMENT TO BID/TENDER FORM - QUESTIONNAIRE 41 00520 SUPPLEMENT TO BID/TENDER FORM - NON -COLLUSION CERTIFICATE 47 00530 SUPPLEMENT TO BID/TENDER FORM - DRUG FREE WORKPLACE CERTIFICATION 48 00540 SUPPLEMENT TO BID/TENDER FORM -TRENCH SAFETY ACT 50 00500 RECYCLED CONTENT INFORMATION 51 00600 CONTRACT 52 00708 FORM CERTIFICATE OF INSURANCE 64 00710 FORM OF PERFORMANCE BOND 65 00720 FORM OF PAYMENT BOND 68 00721 CERTIFICATE AS TO CORPORATE PRINCIPAL 70 March 2004 City of Miami Beach WpnW►e O 20:1 The GondMn Group Page I .Project Manual 00735 PERFORMANCE AND PAYMENT GUARANTY FORM 71 00800 GENERAL CONDITIONS 73 1. Project Manual' 73 2. Intention of City. 74 3, Preliminary Matters' 74 4. Performance Bond and Payment Bond* 74 5. Qualification of Surety 75 6. Indemnification* 76 7. Insurance Requirements* 77 8. Labor and Materials: 79 9, Royalties and Patents* 80 10. Weather: 80 11. permits, Licenses and Impact Fees' 80 12. Resolution of Disputes: 81 13. Inspection of Work* 82 14. Superintendence and Supervision* 83 15, CITY's Right to Terminate Contract' • 84 16. CONTRACTOR'S Right to Stop Work or Terminate Contract: 86 17. Assignment 86 18. Rights of Various Interests* 86 19. Differing Site Conditions: 86 20. Plans and Working Drawings: 87 21. CONTRACTOR to Check Plans, Specifications and Data:.....,,.,88 22. CONTRACTOR's Responsibility for Damages and Accidents:88 23. Warranty: 88 24. Supplementary Drawings* 89 25. Defective Work: 89 26. 'Taxer 90 27. Subcontracts* 90 28. Separate Contracts* 94 ' 29. Use of Completed Portions* 94 •30. Lands for Work: 95 31. Legal Restrictions and Traffic Provisions* 98 32. Location and Damage to Existing Facilities, Equipment or Utilities: 96 33. Value Engineering: 97 34. Continuing the Work: 97 35. Changes In the Work or Terms of Contract Documents. 97 36. Field Orders and Supplemental Instructions* 98 37. Change Orders: 98 38. Value of Change Order Work: 99 39. Notification and Claim for Change of Contract Time* 99 • Page 11 City of Miami Beach copyright Q itC04 MI°Drran Group March 2004 Pr6Jelct Manual 40. No Damages for Delay' 100 42. Substantial Completion' i02 43. No Interest- 103 43. Shop Drawings and Samples: 103 45. Field Layout of the Work and Record Drawings: 104 46. As -Built Drawings: - 105 47. Safety. and Protection: 106 48. Payment by CITY for Tests: 107 49. ProJect Sign: 107 50. Hurricane Precautions: 107 51. Cleaning Up; CITY'S Right to Clean Up: 107 52. Removal of Equipment: 108 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities • Act .r 108 54. Project Records: 109 55. . Occupational Health and Safety: 109 66. Environmental Regulations: 111 00900 SUPPLEMENTARY CONDITIONS 112 00923 . STATEMENT OF COMPLIANCE 113 00925 CERTIFICATE OF SUBSTANTIAL COMPLETION 124 00926 FINAL CERTIFICATE OF PAYMENT 126 00930 FORM OF FINAL RECEIPT 127 01000 ADDENDA AND MODIFICATIONS 129 02000 JOC SUPPLEMENTAL CONDITIONS 133 March 2004 City of Miami Beach Page 111 woo oP034 The Gdi Or „ProJect Manual • This Page intentlonaiiy Left Blank Page iv City of Miami Beach March 2004 oopyz C 2G 4 7 . Golan aoun Project Manuel CITYO'FMIAM'I BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 www,miamlbeachfLgov . PROCUREMENT DIVISION Telephone (305) 873-7490 Facsimile (305) 673-7851 iINVJTATiON'1'O 'BID JOB ORDER CONTRACT; 'TB 1243/04 PUBLIC WORKS DEPARTMENT JOB ORDER CONTRACT; ITB 13-03/04 CITY WIDE JOB ORDER CONTRACT; ITB 14-03104 CAPITAL IMPROVEMENTS PROJECTS NOTICE TO CONTRACTORS Sealed bids will be received by the City of Mlarnl Beath ' Procurerrient Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. .local time for Job Order Contracts (hereinafter called JOC) according to the Bid .Table below: Only General Contractors with a minimum of five (5) years of General Contracting construction experience are eligible to submit bids. The bid dates and contract values for the referenced Job Order Contracts are as follows: BID TABLE BId Number Bid Due Date Maximum Contract ValuelTerm Maximum Contract Total Value ITB 12-03/04 4/20/04 $2,000,000 $10,000,000 ITB 13-03/04 4/21/04 $2,000,000 $10,000,000 ITB 14-03/04 4/22/04 $5,000,000 $25,000,000 March 2004 City of Miami Beach copyright a gC04'il,. Gora.n Group Page 1 • :Project Manual A JOC IS a competitive bid resulting in a firm • fixed priced indefinite quantity . . construction contract pursuant to •which the Bidder/Contractor will p'erform a variety • of work at different project locations. The Scope of Work includes a collection of detailed repair, construction and demolition teaks with related performance specifications and pre -established unit prices. The contracts are for the accomplishment of repair, alteration, modernization, maintenance, rehabilitation, demolition and construction of infrastructure, buildings, structures, or other real property. Work is accomplished by means of Issuance of a Job Order against the contract. Under the JOC concept, the Contractor is required to furnish all Management, documentation, labor, materials and equipment needed to perform the • work Including architectural and engineering services to support Individual Job . - ; Orders. 'Each contract will have -an initial twill of 12 months. At the 'City's sole discretion, each contract will include an option for four (4) additional terms. The contract duration shall not exceed five (5) years. An option term may be exercised when the :maximum value of $2,000,000 for 12-03/04 and 13-03/04 and $5,000,000 for 14- ' 03/04 Is achieved or the expiration of the 12 month term for as listed in the bid table 'for each contract number. . The Bidder's • for .JOB ORDER •CONTRACT ' ITB 12-03104 • PUBLIC WORKS DEPARTMENT must hold at the time of submitting the Bids, a valid Florida Certified General Contracting License. The work for this contract will be used primarily for site/civil/utility type projects. . • The •Bidders far JOB ORDER CONTRACT ITB 13-03/04 CITYWIDE must hold, at the time of submitting the Bid, a valid Florida Certified General Contractor License. The work for these contacts will be used primarily for renovation and or repair and Minor new construction type projects. , The Bidder's for JOB ORDER CONTRACT ITB 14-03/04 CAPITAL IMPROVEMENT . •PROJECTS must hold, at the time of submitting the Bid, a valid Florida Certified General Contractor License. The work for these contacts will be used primarily for City's Right Away Projects, renovation and or repair and minor new construction :type projects. If the Bidder is a joint venture, the joint venture itself will be considered a separate' and distinct organization and must be incompliance with ail requirements of the State statutes and the Florida Contracting licensing regulations. At time, date; and place referenced herein, bids will be publicly opened. Any bids • received after time and date specified will be returned to the Bidder unopened. The • Page 2 City of Miami Beach March 2004 copyright 0 0004 The Gordian GrOuR • ' Project Maidal ' • responsibility for submitting a bid before the stated tithe and date is solely and strictly the responsibility of the Bidder. The City is not responsible for delays caused by mall, courier service, including U.S. Mall, or any other occurrence. • March 2004 City of Miami Beach covrtahM a 2conh. Gcq sn croup Page 3 Project Manual A Mandatory Pre -Bid Conference has been scheduled for9:30 A.M., April 8th, 2004, at the Miami Beach Convention Center, 4th Floor Conference • • Room, 1900 Convention Center Drive, Miami Beach, FL 33139. intending Bidders • must attend the Mandatory Pre -Bid Conference. The Mandatory Pre -Bid Conference is held for the purpose of discussing the JOC concept and the .Contract Documents, the City's construction program, and bid considerations. • Bidders must be represented by a person that will be directly Involved • preparing the JOC bid and responsible for executing the construction work. Any Bidder submitting a bid and who was not represented and signed in at the Mandatory Pre -Bid Conference may be deemed non -responsive. AA •Bld Bond will not be required for this contract. The 'successful bidder will be . required to furnish an initial Performance and Payment Bonds, each in the amount of $2,000,000. • The bld package will be available March 30th ,2004, and can be ordered or picked up 'at the City of Miami Beach, City Hall, Procurement Division, 1700 Convention Center Drive, Miami Beach Florida 33139. The cost for these bid documents is $100.00. .. Checks .or money orders should be made' payable to City of Miami Beach. The . • Bidder may also purchase the Bid Documents the day 'of the Pre-bld Conference. • Bid Documents will be •available on CD-ROM. Volume I the Project Manual and • Volume it the Construction Task Catalog will also beinciuded as a paper copy. The contact person for this Bld Is the Procurement Director.. The* Procurement Director may be contacted by phone: 305-673-7495; fax: 305-673-7851; or e-mail: .guslopez@miamibeachfl.gov. Oral communication between a bidder, lobbyist or ,consultant and the Procurement Director Is limited to matters of process or • procedures. Request for additional Information or clarifications must be made In writing to the Procurement Director, with a copy to the City Clerk, no later than 10 . calendar days prior to the Bid Opening. The City will issue replies to inquiries and any other corrections or ai•Pendm'ents it deems necessary in written addenda Issued prior to the deadline for responding to the Bid. Bidders should not rely on representations, statements, or explanations 'other than 'those made in this Bid or in any written addendum to this Bid. Bidders should verify with the Procurement Division prior to submitting a BId that all addenda have been received. The City of Miami beach reserves the right to accept any proposal or bid deemed to • be In the best interest of the City of Miami Beach, or waive any Informality In any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. Page 4 City of Miami Beach <wrot a naafi Tn. oordwn MOW March 2004 :Project Manual It is the current intention of the City of Miami Beach to award at least one (1) Job . Order Contract for each contract number under this solicitation on the basis of the lowest and best bid. However the City of Miami Beach reserves the right to award ' multiple contracts, if determined to be In the City's best interest. Such multiple awards shall not affect the Maximum Contract Total Value, as stated above, for each contract awarded. The City of Miami Beach will award only one JOC contract to a single Contractor under this advertisement (I.e., no Contractor will be awarded more than one (1) JOC contract). YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO. THE "CONE OF SILENCE, "IN ACCORDANCE WITH ORDINANCE 99 -3164 AS • AMENDED. A COPY OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH THE CITY CLERK. • YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID .IS • SUBJECT TO • THE "CODE , OF BUSINESS ETHICS", ("CODE") IN ACCORDANCE WITH • " RESOLUTION NO. 2000 23879. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT BJD SOLICITATION PROTEST ORDINANCE NO. 2002-3344. Detailed representation of all these ardinances can be found on the City of Miami Beach Website at http://www.miamlbeachfl.gov/newcity/depts/purchase/bldintro.asp CITY OF MIAMI BEACH Gus Lopez; CPPO, CPPB Procurement Director March 2004 City of Miaml Beach copyright 0 0:04 The Gordian GrQ Page 5 ' Projedt Manual 00200 . DEFINITIONS Definitions: When ever the following terns or" pronouns in place of them appear In the Project Manual, the Intent and meaning shall be Interpreted as follows: 1.1. ACCEPTANCE: Shall mean that 'construction On an individual Job Order is Substantially Completed in accordance with the Contract Documents Including all punch lists items. At the time of acceptance, a Certificate of Completion will be Issued and the Final Certificate of • Payment will be processed. All warranties and guarantees for completed work shall commence at Final Completion. The date of acceptance will be set by the CITY. 1.2. .ADDENDUM or 'ADDENDA: Shall mean the additional Contract provisions issued in writing by the Contract Administrator prior to the receipt of bids. 1.3. ADJUSTMENT FACTORS: The Contractor's competitively bid price adjustment to the unit prices as published In the Construction Task Catalog. Contractors must bid 2 sets of adjustment factors; one set for work accomplished during normal working hours and for work accomplished during other' than normal working hours with and without architectural and engineering service's. The second set of adjustment factors for work accomplished during normal working . hours using Davis Bacon Wages and for work accomplished during other than normal working hours using Davis Bacb'n Wages with and without architectural and engineering services. The adjustment factors must be expressed as an increase' or decrease from the published prices. '1.4. ADVERTISEMENT: Shall Mean the publicly placed Advertisement For Bid inviting Bidders to submit a Bid. The term "Solicitation" may be Interchangeably used wlth•the term Advertisement. 1.5. AGREEMENT: Shall mean the document duly ;signed by the Contractor and the City, binding both parties to the terms of the Contract Documents. 1.6. • BIbbER': Any individual, .flrm,'or corporation' submitting" a bid for this Project, acting directly or through a duly authorized representative. 1.7. CHANGE ORDER: A written document ordering a change In .the Contract Price or Contract Time or a material change in the Work. 1.8. CITY: The City (or Owner) shall mean .the City of Miami Beach, a Florida •municipal corporation, having its ;principal offices at 1700 Convention Center Drive, Miami Beach,..Flo►lda 33139, which is a • Page 6 City of Miami Beach March 2004 coprkite sow ih.00o d*i Weep Prajeot Manual party hereto and/or which this Contract is to be performed. In ail respects hereunder, for performance is pursuant to City's position as the owner of a construction project. In the evens City exercises Its regulatory authority as a governmental body, the exercise of such • regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable In any manner to City as a party to this Contract. 1.9. CITY COMMISSION: ' City Commission shall mean the governing and legislative body of the City. 1.10. CITY MANAGER: City Manager shall mean the Chief Administrative Officer of the City. 1.11. .CLAIM: Shall mean right existing on behalf of any parser' that might develop Into a Tien in favor of the claimant if such right existed against any person orentity other than a public body. 1.12. CONSTRUCTION TASK CATALOG: Shall mean the comprehensive listing of specific construction or construction related tasks together with a specific unit of measurement and a unit price. (Also referred to as the "CTC"). 1.13. CONSULTANT: Architect or Engineer who has contracted with City or who Is an employee of City, to provide professional services for various Projects. Whenever the term "Consultant' Is used In these documents, it shall be construed to mean the Consultant, through the Program Manager. The Program Manager may on a project by project determination act as the City's representative. 1.14. CONTRACT: The part or section of the ..Contract Documents addressing some .of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.15. CONTRACT ADMINISTRATOR: • The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, al! matters related io Job Order Contracts. 1.16. CONTRACT DOCUMENT'S: The Project Manual including, the Notice for Bids, Addenda, if any, to the Project Manual, the Bid Tender Form, the record of the award by the City Commission, the Performance Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed, Change Orders, Field Orders, Supplemental • Instructions, JOC Supplemental Conditions, Job Orders and any additional documents the submission of which is required by this . March 2004 City of Miami Beach copyright o 2004 The Gordian Gawp Page 7 Project Manual Project Manual, are the documents which are •collectively referred to as the Contract Documents. The Contact Documents consist of the follow Volumes: Volume I, Project- Manual. Volume ila, Book 1 of 3, Construction Task Catalog. Volume lib, Book 2 of 3, Construction Task Catalog. Volume Iila Book 1 of 3, Technical Specifications, Volume Ilib, Book 2 of 3, Technical Specifications. Voture UIc, Book 3 of 3, Technical Specifications: 1.17. CONTRACT PRICE: • The original adjustment factors established In the bid submittal and awarded by the City. • 1.18. . CONTRACT 'TIME: Unless otherwise provided, the Contract Time Is the period of time, Measured in calendar days, allotted in the RFP for .the Substantial Completion of the Individual Job Order. 1.19. CONTRACTOR: The person, firm, or corporation with whom the City has .contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall also be deemed to be a reference to Contractor. 1.20. DAYS:. Shall mean calendar days. 1.21. DETAILED SCOPE OF WORK: Shull be determined by 'individual Job Orders issued hereunder. The •Detailed Scope of Work is the complete description of services to be provided by the Contractor under an individual Job Order. The Detailed. Scope of Work will include sufficient documentation for a given project as determined by City. Documentation may Include a narrative description of the work, partial architectural documents or full architectural documents • depending on the complexity of the specific project. 1.22. ' EMERGENCY: • Shall mean such situations as shall require Immediate action preventing • Contractor from contacting City prior to execution. . 1.23. FIELD ORDER: A written order which ordersminor changes in the Work but which does not Involve a change In the Contract Price or Contract Time. 1.24. • • FINAL COMPLETION: The •date certified by the City or Program - Manager in the Final Certificate of Payment upon which all conditions Page 8 City of Miami Beach COMO& 0 sow m• Gordian March 2004 .Project Manual and requirements of any'perrnits and regulatory agencies h'aVe been satisfied; any documents required by the Contract Documents have been received by the City or Program Manager; any other documents 'required to be provided by Contractor have been received by the City or Program Manager; and to the best of the Clty's or Program Manager's knowledge, Information and belief the Work defined herein has been . fully completed In accordance with the terms and conditions of the Contract Documents. 1.25.. INSPECTOR: An authorized representative of the City - or Program Manager assigned to make necessary Inspections of 'Materials furnished by Contractor and of the work performed by Contractor. 1.26. Joe.ORDER: The portion of the Contract Documents that sets forth the Detailed Scope of Work, the schedule, and a firm fixed lump sum price to be peld to the Contractor. It also consists of any special .conditions that might apply to a specific Job Order such as Liquidated • Damages and technical submittals, plans and drawings, the Notice to -Proceed, and other documents required by the City. • 1.27. JOB 'ORDER COMPLETION TIME: Shall mean."the perlod of time allotted for the Contractor to• achieve Final Completion of a Job Order. • 1.28. .JOB ORDER CONTRACT: Shall mean a competitively awarded, indefinite quantity contract for • accomplishing construction and construction related services. Work is accomplished through the Issuance of Individual Job Orders against the Contract. Each Job Order issued under the JOC will be a firm fixed priced order for accomplishing a specific Detailed Scope of Work. • • 1.29. JOB ORDER PRICE PROPOSAL: .Shall mean the Contractor prepared documents quoting a firm fixed price and schedule for the competition of a specific Detailed Scope of Work as requested by City. The Proposal might also contain approved drawings, •permits or other such documentation es the City might require for a specific Job Order. 1.30. JOINT SCOPE or JOINT SCOPING: Shall' mean the Joint activity that takes place at the Site with the City and or Program Manager and the Contractor wherein a proposed Job is discussed and examined, and the framework of the Detailed Scope of Work Is developed. • 1.31. LAW or LAWS: 'Shell mean the Constitutlori of the •Stets of Florida; a statute of the United States or of the State of Florida, a local law of March 2004 City of Miami Beach copyright 02034 The Gc dlan Group Page 9 ' Pik feet Manual the City of Miami Beach or County of Mishit -Dacia, and any other ordinance, rule or regulation•having the force of Law. • 1.32, MATERIALS: Materials incorporated In •this Project, or Used or • consumed In the performance of the Work. 1.33. MATERIALMEN: Shall mean ahy person, firm or corporation; other Than employees of the Contractor, who or which contracts with 'the Contractor, or any Subcontractor to fabricate or deliver, or who • . actually fabricates or delivers, plant materials or equipment to be incorporated in the Work. 1.34. • MAXIMUM CONTRACT TERM VALUE: Shall mean the maximum dollar value of Work that Can be ordered under this Contract during any single term of the Contract. 1.36. MAXIMUM CONTRACT TOTAL VALE: •Shall Mean the maximum dollar value of Work that can be ordered under this Contract during the entire duration of the Contract. 1.36. MEANS AND METHODS OF CONSTRUCTION: • .Shall meen the labor, materials • in temporary structures, tools, plant, and, construction equipment, . and the manner and time .of their use, necessary to accomplish the result Intended by a Job Order. 1.37. •MINIMUM CONTRACT VALUE: Shall mean the • minimum dollar value of Work that can be ordered during the duration of the Contract. 1.38. • NON PRE -PRICED TASKS: Shall refer to work tasks required to • perform individual Job Orders that are not included in the Construction Task Catalog but within the general scope and Intent of this Contract. Such work requirements shall be incorporated into and made a part of this Contract for the Job Order to which they pertain, and may be incorporated Into the Construction Task Catalog, If determined appropriate by the City, Non pre -priced work requirements shall be separately identified and submitted In the Job Order Price Proposal. 1.39. NORMAL. WORKING HOURS: Shall mean the hours of 8:00 AU to 5:00 PM Monday through Friday except Holidays. 1.40. NOTICE(S) TO PROCEED: Written notice to•Contractor authorizing the commencement of Job Orders. 1.41. OTHER CONTRACTORS: Shall mean any person, firm or corporation with whom a Contract has been made by City for the • • Page 10 City of Miami Beach March 2004 oapyripht a 2064 Ms Gordian Group Project Manual . peiformance of any work which Is not a portion of work covered under this Contract. 1.42: OTHER THAN NORMAL WORKING HOURS: Shall Mean 'the hours of 5:01 PM to 7:59 AM Monday through Friday and any time Saturday, Sunday; and Holidays. City holidays are as follows: New Years Day, Martin Luther King Day, the designated Spring Holiday, Memorial Day, independence -Day, Labor Day, Veterans% Day, Thanksgiving Day, the designated Christmas ' Holiday, Christmas Day. The Contractor will not normally be permitted to work on City holidays. .Work required other than during the aforementioned working period will be at the City direction and/or and require City's approval prior to commencement of work activities. 1.43. PLANS AND/OR DRAWINGS: The official graphic representations as. needed on each Job Order' to represent or supplement the Detailed Scope of Work. 1.44. PRE -PRICED TASK: Shall mean a task included in the Construction Task Catalog for which 'a Unit Price has been established. 1.45.. PROGRAM MANAGER: An authorized representative contracted by The City who may be :assigned Individual JOC projects. This Individual designated by the City as being responsible for managing, supervision and acceptance of Job Orders. 1.48. . PROGRESS SCHEDULE: Shall mean a bar chart submitted by the .Contractor and subject to approval by the. City showing the overall Job Completion Time and subdivided for each critical operation 'therein. 1.47: PROJECT: The construction project as described in the Job Order. 1.48. PROJECT INITIATION DATE: .The .date ;as specified -in the Job Order Notice to Proceed upon which time commences for completion of the Job Order. 1.48. ,PROJECT MANUAL: The official documents setting forth bidding information and requirements; contract form, bonds, and certificates; ;General and Supplementary Cohditlons of the Contract Documents. 1.ab.. PROJECT COORDINATOR: Shall-mean.the individual •assigned by the. City as being responsible for managing, supervision and acceptance of Job Orders 1.51. P1OVIDE or FURNISH:. Unless specifically noted otherwise, shall mean supply and install complete and ready for operation and use. • March 2004 City of Miami Beach Page 11 ' copyright 02074 The Gordian Group Project Manual , 1.52. PUNCH UST: • Shall mean a compilation Of Items that havanot been • completed in accordance with an individual Job Order. 1;53. REQUEST FOR PROPOSAL (RFP): Shall mean the Document .issued by the Clty-that formally requests the Contractor to prepare a Job Order Price'Proposal for a Detailed Scope of Work. 1.54. RESIDENT PROJECT REPRESENTATIVE.. An authorized representative of Consultant or Program Manager assigned to represent Consultant or Program Manager on the Project.. 1.55. SAMPLES: Shall mean the physical examples submitted by :the Contractor of materials, equipment or Workmanship to establish a standard that the Contractor is required to meet. 1.56. SHOP 'DRAWINGS: Shall mean drawings, diagrams, IIIustrations,• Schedules, Jest data, calculations, . performance .charts, cuts, brochures, and other data which are prepared by the Contractor and which illustrate a portion of the Work. 1.57. SITE: Shall mean the area upon or in which .the Contractor's operations are carried on, and such other areas adJacent'thereto as may be designated as such by the Project Coordinator and or Program Manager, 1.58. SPECIFICATIONS: Shall mean all of the definitions, instructions, descriptions, directions, requirements, provisions and standards (and all written supplements .thereto) pertaining to the methods, (or manner) of performing and actual performance of the Work, or quantities and quality (as shown by test records) of ,accepted materials to -be furnished under this Contract, as hereinafter detailed and designated In the Contract Documents. Specifications for this contract Include Volume Ilia, Ilib, IIIc, South Florida Building Code and standard City of Miami Beach Specifications. • 1.59. .STATE: Shall mean the -State of Florida, 1.60. SUBCONTRACTOR; A person, .firm or corporation having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. •1.61. SUBSTANTIAL COMPLETION: The date certified by the City and or Program Manager when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is ' sufficiently complete in accordance with the Contract Documents so the Project Is available for beneficial occupancy by City. A Certificate of Occupancy or Certificate of Completion must be issued for age 12 City of Miami Beach oapwigh, O 0:04 Us Gordian Chap March 2004 Project Manual Substantial 'Completion to be achieved, 'however, the. issuance of a Certificate of Occupancy or Certificate of Completion or the date • thereof are not to be determinative of the achievement or date of Substantial Completion. 1.62. SUPERINTENDENT: Shall mean the 'supervising representative of the Contractor who .is present on the work site at all limes during . progress, authorized to receive and fulfill instructions from and communicate with City,, and capable .of superintending the Work .efficlently. The Superintendent shall not actually perform the physical tasks involved unless otherwise waived In writing by City. ' .1.63. ' SURETY: The surety company or Individual 'which IS bound by the performance bond and .payment bond with and for CONTRACTOR who is primarily liable, and which surety company or individual Is responsible for Contractor's satisfactory performance -of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.64. •UNIT PRICE: • Shall mean the price published In the• Construction Task Catalog for a specific construction or construction related task. The unit prices are fixed for the duration of the Contract. Each unit Price Is comprised of the Labor, Equipment and Materials costs to ,accomplish that specific task. 1.65. WAGE .DECISION: Shall mean the applicable federal wage • determination provided by the City as tasued by the U:S. Department 'of Labor. 1.66. WORK: The construction and services required by the Contract Documents, whether completed or partially completed, and includes ail other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. March 2004 City of Miami Beach - Page 13 copyright 0 2004 the 8mdlon Group . f Project Manual '66360 �N$TlitUCtiON$ '�O BIDDERS 1. General: '1.1 . The fallowing instruction$ and 'those set forth herein are given for the purpose of guiding Bidders in properly preparing their bids. , Such • • Instructions have equal force and weight with other portions .of the Contract Documents and strict compliance is required with all the provisions contained in the instructions Examination 'of Contract'Docutnents: • .it Is the respbnsibility of each Bidder before subm'ittfng a Bid, to: 2.1. • Examinethe Contract Documents thoroughly. 2:2. •• take Into account Federal, State and local (City and Miami -Dade County) laws, regulations, ordinances that may affect costs, progress,.performance, furnishing of the Work, or award. 2.3., . : Carefully review the Contract Documents and notify the City of all conflicts, errors or discrepancies in the Contract Documents, of which Bidder knows or reasonably should have known. Submission of a Bid: 3,1. The submission of .a Bid shaii •constitute ...an Incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by .the Contract . Documents and that the Contract Documents are sufficient in scope . and detail to • Indicate and convey 'understanding of all terms and conditions for performance and furnishing of the Work. ' . 4... Scope of Work: • 4:1: , The • 'Scope of Work under this Contract shall be determined .by Individual Job Orders issued hereunder. Upon receipt of a Notice to Proceed, the Contractor shall furnishes all architectural and engineering services to support individual Job • .Orders, shop drawings, sahiples, management, documentation, .. materials, • supplies, parts (to included system components), transportation, plant, supervision, labor and equipment needed to perform the work ' at designated City properties. 4.2. • The Contracts will be for the following: Page 14 City of Miami Beach co lghl O2C0« Gordian Owup March 2004 Project' Manual 4.2.1. • JOB ORDER CONTRACT ITB 12-03/04 PUBLIC WORKS DEPARTMENT • The Contract may be used to perform any work oh facilities • . under the jurisdiction of the City but Is to be used primarily for site/civil/utility type protects under the jurisdiction of the "Public Works Department. 4.2.2. JOB ORDER CONTRACT ITB 13-03/04.CITYWIDE ' The Contract may' be used to perforin any work On facilities under the jurisdiction of the City but is to be used primarily 'for work for renovation and or repair and minor new Conetructlon and can be used City wide. . 4.2.3. . JOB ORDER CONTRACT ITB 14-03/04 .CAPITAL IMPROVEMENT PROJECTS The Contract may be usedto perform any work on facilities 'under the Jurisdiction of the City but Is to be used primarily for work for renovation, right away projects, .streetscapes, and or repair and minor new construction . under the jurisdiction.of Capital Improvement Projects. 4.2.4 .The City reserves the right ,to award multiple JOC 'Contracts for the same Department. The City also reserves the right to assign Individual Job Orders to other JOC Contractors for that Department.• 5. Job Order Contract Overview: . 5.1. A Job' Order Contact (JOC) is .a competitively bid, fimi-fixed-prlce indefinite -quantity contract. It includes a collection. of detailed repair and construction tasks and specifications that have established unit prices. It is placed with a Contractor for the accomplishment of repair, alteration, modernization, rehabilitation, construction, etc., of buildings, structures, or other real property. Ordering Is accomplished by means of Issuance of a Job Order against the Contract. 5.2. .Under the JOC concept, the Contractor furnishes management, labor, materials, equipment and architectural and engineering servicesrequired to document the scope of work to support individual Job Orders. 5.3. The•JOC contract includes a Construction Task Catalog (CTC). -The CTC was developed by the City and is based on the use of experienced labor and high quality materials. The CTC also incorporates local activity, climate and geographic features. March 2004 City of Miami Beach coPr 0 aaw The meal n Gicup • • Page 15 'Project Manual . 5.4. • 'Bidder will offer'two (2)'Sets of adjustrnent-faEtors'that Will 'be applied • .• against the prices set forth In the Construction Task Catalog (CTC). One set will be for work when Davis Bacon Wage decisions will not .apply for construction performed during normal or other than normal -working • hours with and without Architectural .and Engineering Services. The second setwili be for work when Davis Bacon Wage Decisions do apply for construction performed during normal or other than normal hours with and without Architectural and Engineering ,Services. These adjustment factors will be used to -price individual scopes of work by multiplying the adjustment factor by the unit prices • and quantities. These sets of adjustment factors will be proposed separately. The CTC and the Contractor's adjustment factors will be Incorporated in the award of the contract. 5.5. As work .toquirernents are identified, the 'Scope of work will be explained ;to the Contractor at a Joint .Scope _Meeting. The Contractor Will be given a Request or Proposal and a Detailed Scope of Work. The Contractor will be required to review the Detailed. Scope of Work and develop a Price Proposal using the appropriate tasks, quantities and the applicable adjustment factor. If the Contractor's Proposal is found reasonable and acceptable, a Job Order may be issued. The resulting price shall be a lump sum, fixed price for the completion of the Detailed Scope of Work. 8.6. The JOC concept also includes' a provislOn for the establishment of prices for work requirements that are within the general scope of . work but were not included in the CTC at the time of Contract award. These tasks are referred to as "Non Pre -priced Items". Non Pre - .priced (NPP) items may require the establishment of speclfications . and drawings and may subsequently be incorporated Into the CTC. 6. Contract Dbcumera'ts: 6.1. The Contract :Documents constituting component 'parts of this Contract are the following: • Volume I, Project Manual. . •.Volume lid; Book 1 of 3, Construction Task Catalog. Volume lib, Book 2'of 3, Construction Task Catalog. Volume 1110;' gook 1 of 3,' Technical Specifications. Volume iiib, Book 2 of 3, Technical Specifications. Volume tile, Book 3 of 3, Technical Specifications. Page 16 City of Miami Beach copyright • SCO4 Tha Gonilup Group March 2004 • ProJect Manusi 6.2. Volume I JOC ProJect Manual: The JOC ProJect Manual contains bidding information and requirements, :contract forms, „bonds and • certificates, General Condllions and JOC Supplemental Condltions of the Contract Documents. 6.3. . Construction Task' Catalog. (CTC), (Volume lia,.'and lib): The CTC contains pricing Information for the work to be accomplished and for the unit of measure specified. It consists of CSI divisions 1 through 16. 6.4... The Technical Specifications (Volume • Ilia, Iilb .and lllc):. The. Technical Specifications are numbered and :organized in • the . 'Construction • Specification '.Institute's (CSI)' matter format. •All • specifications are filed in divisions 1 through 16.per CSI guidelines. • The' intent of these specifications is to'ftirnish concise' industry end •commercial standards for maintenance ot'repair of City facilities.. 6.5. Other • 'docur Tents . and standards • referenced in ' the Contract Documents. Whenever standards or specifications of other' agencies or departments, authorities, etc. are referred to, they shall be the version In effect at the time of receiving price proposals, unless the date of a specific version is contained In the reference. 6.6. Design and Specification References: • 6.6.1. • .Florida• Department of Transportation Standards • (Latest Edition) • 6.6.2.. Metro -Dade Design. and Construction . Standard • Specification & Details 6.6.3. Standard Plans for Pubic Works • (American Work Association) 6.6.4. Greenbook Standard Speciiicetlon ..(American "Work Association) • 6.6.5. City cif Miarnl Beach .General ROW Program Design' ,Policies February'' 2004 as amended. - 6.6.6. Master Specifications Outlines • 7..' Location of Walk: • 7.1. Ali 'work will •be •within the City limits of Miami beach and individual projects will assigned as determined by the City. 8.. Abbreviations and Syrnbols: March 2004 City of Miami Beach Cpy+I • 2034 The Gordian Group Page 17 ;project Manual 8;1. The •abbreviatlons • used throughout the'. Contract Documents 'are defined hereinafter in the Technical Specifications. `9. Pre -Bid Interpretations: • . 9.1. • Only questions • answered by written Addends Will be binding.' Oral and other interpretations or clarifications will be without legal effect. Ali questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director In writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded • by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. • There .shall be no obligation on the part of City or the City's Procurement • Director to respond to questions received less than' ten (10) calendar days prior to bid opening. 10 • Submitting Bids: 10.1. All Bids must be rec'elved'in the Procurement.Dlvislon; City of Miarril Beach, 1700 -Convention Center Drive, Third Floor, Miami Beach, Florida 33139, before the time and date specified for ° Bid opening, enclosed in a sealed envelope:iegibly marked on the outside. A complete and separate Bid package must be Submitted for each contract that the Contractor wished to bld: • JOC BID FOR: BID/ JOC CONTRACT NO: 11. Printed Form of Bid:• .. 11:1. Al! Blds must be made upon the blank Bid/Tender Fbrtrt and Form of .Bid, Form 1 and Form 2 in Article 00407. The Bid must be signed end acknowledged by the Bidder in accordance with the directions on the Bid Form. 12. Bid Guaranty: 12.1. A .bid bond for contracts 12-03/04 and 13-O3/04 Is $25,000 and $50,000 for contract 14-03/04. Each bid must be accompanied by a certified check of the Bidder, or by a bid bond prepared on the form of bid bond annexed hereto, duly executed by the Bidder as principal, : .Page 18 City of Miami Beach March 2004 oop)1Ql l O 2004 The 0cvd1sn Group • Project Manual . and having as surety thereon a surety company authorized to do 'business In the State of Florida and approved by the City. Such 'checks or bid bonds shall be returned to all bidders net rebelving the . award after the City and the .accepted Bidder have •executed the • Contract. Or, If no Contract has been executed, within one hundred eighty days (180) days after the opening of bids, upon demand of the Bidder at any time thereafter so long as such Bidder. has not been notified of the acceptance of such bid. 13. •Aeceptence or Rejection' of Bids: 13.1. The City reserve's the right 'to reject any or all bids priorto 'award. . Reasonable efforts will be made to either award the Contract or reject all bids within one hundred eighty (180) calendar days after bid Opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price- before the expiration of One hundred eighty (180) calendar days frbm the date •of Bid opening. A Bidder may withdraw its Bid after the expiration of one hundred eight (180) calendar days from the date of BId opening by delivering written notice of withdrawal to the Purchasing Division prior to award of the -Contract by the City Commission. The City reserves the right to award additional Contracts under this solicitation if it is determined to be in the City's best interest for a period of one hundred and eighty (180) calendar days following the opening of Bids. • -1'4. Determination of Award: 14.1. The City Corlimissien shall award the contract to the lowest and best Bidder. A lowest Bid Is determined by line 17 on Bid Form 2 contained herein. In determining best, most responsive and responsible Bid, the •following shall be considered: a. Adjustment Factors to be considered are based on the following. percentages. For purposes of determining the low bid from Bld Form 2; 90% of the work is to be accomplished using non Davis Bacon wages and 10% of the work using Davis Bacon Weges. 80% of the work will be accomplished during Normal Working Hours and 20% will be accomplished during Other Than Normal Working Hours. 30% of the work will require Architectural and Engineering Services. • b. The ability, capacity and skill of the Bidder to : perform the contract. c. Whether the Bidder •performed satisfactory on contracts 'within the time specified, without delay or interference. .March 2004 City of Miami Beach oopyNpM 0 2004 The ooi01 n Group Page 19 • •',..")=12=7 - . Project Manual The character; integrity, reptitation,. Judginent, experience and efficiency of the Bidder. The quality Of perfortnanCe of prevlout centred. - f. The • preVIOus end existing • compllanCe by the Bidder With laws .:and ordinances relating to the•contract. The Managerrient Plan ..,.submitted and ' experience of the contractor as listed in the questionnaire. .15. EvaluatiOn: . . 15.1. The 'contractor will be evaluated 'on each 'Job:Order. R.esUlts of the evaluation will impact the issuance.of future Job Orders. : • . • 16. • Contract Pride: . • " 16.1. The Contract Price let° include the furnishingof all labor, Materiels; • equipment including tools, .services, obtaining .permits, applicable • taxes, overhead, architectural and engineering services, overhead • and profit for the Completion of each Job Order. The cost of any .item(s) of Work not covered by a specific' Contract unit price shall be 'treated as a Non Pre -priced item and the procedure for ordering these tasks are outlined in Article 12 of the JOC Supplemental • Conditions. Postponement of Datifor•Preseriting and Opening at'Elds! . 17.1. • The City reserves the right to postpone the :date for receipt and . opening of blds and will 'make a reasonable effort to give at least 'Seven (7) calendar day's written notice of any such postponement to • ' . each prospective Bidder. 18. Oualifications Of Bidders: • . 18.1. .Bids shall . be considered only from :firma norinallY :engaged in • , • performing the type of work specified within the•Contract Documents. ' Bidder must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to City. 18.2. in :determining a -Bidder's responsibility and ability •to •peiforrri the • Contract, City has the right to investigate and request. information. concerning the financial conditien, experience record, personnel, equipment, facilities, principal business. location and organization of the Bidder, the Bidder's record with environmental regulations, and • the cialms/litigation.history of the Bidder. 19 Addenda and Modifications: • • Page 20 City of Miami Beach March 2004 copyright 0 2004 Tho Gordian Group :Project'Mantrai . 19.1. • The City' shall make reasonable efforts toissue addenda within seven .(7) calendar days prior to bld opening.... All addenda and other modifications made prior to the time and dste•of bid opening'shall be Issued as separate documents Identified as changes to the Project Manual. 20. • Pr:evailing Wage Rates: . 20.1. This •project, either €n . whole or In. part, may be. federally assisted, .. through the City of Miami Beach Community •Development Block Grant Funds, end as such Bidders must comply with Section 109 of Title I of the Housing •and Community Development Act of 1974, as arnended; the President's Executive Order 11246, as amended by . Executive 11376, which prohibits discrimination in employment • regarding rate, color, religion, sex or national origin; Title V1 of the Civil Rights Act'of 1964; the .Davis Bacon Act, as amended; the .Copeland (Anti -Kickback) Act; the Contract Work Hours and Safety Standards Act; and all other applicable Federal, State and local laws and ordinances. • . . 20.2. enclosed Is the wage decision applicable to the subject prbjeot. It must be Incorporated Into the Contract Documents and displayed at • ' the Job Slte. Davis Bacon wages will only apply for work which is federally funded and the wage decision will be decided on a protect by project basis. . . • 20.3, Weekly payroll' reports {WH347 'or equivalent)"are required to. be .• submitted by the contractor and subcontractors through the ' .contractor certifying that all laborers and mechanics engaged In the construction - of the .. project, including those employed by subcontractors, have been paid no .less than •the minimum wage Cates as listed onthe enclosed wage decision. March 2004 City of Miami Beach o0pyripM Gp004 The Gordian Group age 21 • w Protect Manual . 00400 • BID/TENDER FORM • Job Order Contract #: Submitted:107,-)type./ . City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 • • The undersigned, as Bidder, hereby declares that the only persons interested In this bid as principal are named herein and that no person other than herein mentioned has any Interest in this bid or In the Contract to be entered Into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. • The Bidder further declaresthat it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied Itself about the Work to be performed; end ell other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid Is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents' and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Protect entitled: Job Order Contract No: \T'(?14 -Daic J The Bidder also agrees to furnish the required Performance .Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price, and to furnish the required Certificate(s) of Insurance. .The undersigned further agrees that the bid guaranty accompanying the bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond, or falls to furnish the required Certificate(s) of Insurance within seven (7) calendar days after being notified of the award of the . Contract. Page 22 City of Miami Beach mpnI o saw The Gordian Graup March 2004 •t Project Manual In the event of arithmetical errors, the Bidder. agrees that these •errors are errors which may be corrected by the City. Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of the Project Manual: Addend m Number at t=Ig =ture i,A 4._ A� The Bidder shall acknowledge this bid by signing and completing .the' spaces ,provided below. • Name of Bidder% Af I\1jji1 Oxcf-\ (A • City/State/Zip:' 1?_1-11 1s�il . Ac,en . J V 1 ) j am Telephone No.: (-; 7 Social Security No. or Federal Dun and Bradstreet No.:, a7'S q (if applicable) I. D. No.: • Bradstreet No.: (If applicable) if a partnership, names and addresses of partners: March 2004 City of Miami Beach copyrick 0 0004 The Goan Group Pape 23 PrOJeCt Manual • (Sign below If not Incorporated) WITNESSES: (Signature) (Sign below if incorporated) ATTEST:. • CORPORATE SEAL) • (Type or Print Name of Bidder) (Type or Print Name Signed Above) (Type orrcirjt Name of Co ration) (S gnature and Title) m\•Cf•-• (Type or Print Nam Signed Above) Incorporated under the laws of the State of \C \(`( Page 24 City of Miami Beach copyilpht 0 a004 The Poicilan Group March 2004 v P. Project Manual . 00405' 01T1r 0'0 in :BEACH LICEI SEB' P RM�'1S A 1Dv.FEES' • PursuantAo the Pub1IC'Bid 'blsclosure Act, each iicentie, .perrnit or fee. a Contract a ' will have to pay the City before or during construction by unit method of all licenses; permits and fees •REQUIRED BY THE CITY AND PAYABLE TO THE CITY by • • virtue of this construction as part •of the Contract is as follows: • The General Contractor's City of Merril. 'Beach Building Permits; Public Works Permits and Zoning Perrnits' Mll be reimbursed by the City for the cost of the Permit only as a Non Pre -priced task with no marked -ups.. The cost for obtaining these Permits is to be Included In the Contractor's Adjustment Factor. ;LICENSES,. PERIIAiTS AND FEBS'.WHICH MAY RE REQUIRED BY MIAMI DADE COUNTY THE STATE OF FLORIDA,. STATE OR OTHER .ARE NOT INCLUDED IN THE ABOVE LIST. OBTAINING •.THESE PERMITS: CIS THE RESPONSIBILITY OF •THE '.CONTRACTOR AND •WILL :BE REIMBURSED BY THE CITY AS A .NON-PREPRICED TASK WITH NO MARK-UPS, 1 Occupational licenses from City of Miami Beacti'firms .Will be required ' .to be • submitted within fifteen (15) days of notification of intent to • award. • • 2 Occup'ational licenses will be required pursuant to'•Chapter 206.065 Florida Statutes. March 2004 City of Miami Beach Page 25 copyright 0 90 W m pordtvr Group CIZ Project Manual Pages 26 through 35 are blank pages, therefore they are discarded. Pages 26-35 City of Miami Beach March 2004 ,ppyr,9,4 Q 20p4 Thi Gndien Group Project Manual BID FORM 1 . SCHEDULE OF PRICES FOR CONTRACT NUMBER ITB 14 03104 CAPITAL IMPROVEMENT PROJECTS The Bidder herebyproposes .to furnish all labor, materials, equipment, transportation, supervision, architectural and engineering services, as required, and facilities necessary to complete in a workmanlike manner and in accordance with the Contract Documents, all Job Order Work ordered for the compensation in accordance with the following schedule of prices: The : Contractor bids two (2) sets of adjustment factors that will be applied against the prices set forth in the Construction Task Catalog (CTC), One set will be for work when Davis Bacon Wage decisions will, not apply for construction performed during normal or other than normal working hours with and without Architectural and Engineering Services. The second set will be for work when Davis Bacon Wage Decisions do apply for construction performed during normal or other than normal hours with and without Architectural and Engineering Services. These adjustment factors will be used to price individual scopes of work by multiplying the adjustment factor by the unit prices and quantities. These adjustment factors will be considered for the Term Period (12 months from date of contract award) Line 1 .Normal Working Hours Construction: Contractor shall 'perform any or all functions called for in the Contract Documents and the Individual project Detailed Scope of Work, ,scheduled during normal working hours In the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: I•O75 (Specify to four (4) decimal places) Line 2 Normal Working' .Hours Construction with Architectural and Engineering Services: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified • Page 36 City of Miami Beach March 2004 c py i hl O 2004 The Goodin Group Project Manual in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: 1.0900 (Specify to four (4) decimal places) .. Line 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 then 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: � • 050.0 (Specify to four (4) decimal places) Line 4 Other Than Normal 'Working Hours Construction. with Architectural and Engineering Services: Contractor shall perform any or all functions called for In the Contract Documents and the individual project Detailed Scope of Work, scheduled during other than normal working hours in the quantities specified In individual Job Orders against this ,contract for the unit price sum specified In the Construction Task Catalog (CTC) multiplied times the adjustment factor of: I 0600 • (Specify to four (4) decimal places) Line 5 Normal Working Hours Construction using Davis Bacon Wages: Contractor shall perform any or all functions called for In the Contract Documents and the individual project Detailed Scope of Work, scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified In the Construction Task Catalog (CTC) multiplied times the adjustment factor of: 1.09oo' (Specify to four (4) decimal places) March 2004 City of Miami Beach copyrlp:10 PGW ih• aad1 Group Page 37 Project Manual Line 6 ' Normal Working Hours Constriction 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: (Specify to four (4) decimal places) Line 7 Other Than Normal Working Hours Construction' using Davis Bacon Wages: Contractor shall perform any or .all functions called for In the Contract Documents and the Individual project Detailed Scope of Work, . scheduled during other than normal working hours In the quantities specified in individual Job Orders against this contract for the unit price sum specified In the Construction Task Catalog (CTC) multiplied times the adjustment factor of: (Specify to four (4) decimal places) Line 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: oloo (Specify to four (4) decimal places) Line 9 . Combined Adjustment Factor (From Bid Form 2) 1• 057I (Specify to four (4) decimal places) • Page 3B City of Miami Beach *weigh, A 2004 Gordlin Ofew March 2004 • t, 04/11/2004 1257 FAX 305 673 7531 CMS PROCUREMENT DIVISION • • BID FORM 2 MO04/005 COMBINED ADJUSTMENT FACTOR WORKSHEET FOR CONTRACT NUMBER ITB 14-03104 CAPITAL IMPROVEMENT PROJECTS For the purposes.of determining the low 'bid the Contractor shall complete the following worksheet. (Specify to four (4) decimal places). 1. Normal 'Working Hours Construction Adjustment Factor .......... 1.0375 2. . Multiply Line 1 by .5040 (.90 x.80 x.70) •5221 3. Nornial Working Hours Construction Adjustment Factor with Architectural end Engineering Services !, 0700 4. Multiply Line 3 by .2160 (.90 x.80 x.30) 2 3 54 6. Other•Than NormaiWorting Hours Construction Adjustment Factor0500 6. Multiply Line 5 by .1260 (.90 x.20 x.70). •i32.3 7. Other Tian Normal Working Hours Construction Adjustment Factor with Architectural and Engineering Services /• 06o0 8; Multiply iine 7 by .0540 (.90 x.20 x.30) 057Z 9. Normal Workire Houre Construction using Davis Bacon Wages PO 900 10 Multiply Line 9 by .0560 (.10 x .80 x.70) 00610 11. Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services /. /100 •OZ64, 12 'Multiply Line 11 by .0240 (.10 x .80 x.30) 13 Otlier•Than Normal Working Hours Construction using Davis Bacon,1 0700 14. Multiply line 13 by .0140 (.10 x .20 x.70) 15 Other Than Normal Working Hotirs Construction using Davis Bacon with°/ Architedural and Engineering Services is 0400. 16. Multiply line la by .0060 (.10 x .20 x.30) 17. Add linos 2+4+6+8.10412+14+16 ,0065" 1.0571 (Combined Adjustment Factor) (IA - Project Manual • The Bidder shall complete this Combined Adjustment Factor Worksheet and transfer the Bid Adjustment Factors, (Line 1, 3, 5, 7, 9, 11, 13, 15) and Final Combined AdJustment Factor (Line • 17) to the space provided on the Bid Form 1 of this proposal. The lowest Combined Adjustment Factor will be deemed the lowest bid. The Owner reserves the right to revise all arithmetic calculations for correctness. • Contractor Narne:v 4C)Nr\ Cr4 ao • sv 1 • Authorized Signature;��"" Printed Name: t .0 -`C`t.) C nrC° 7 -d Date: - �( -/ Page 40 City of Miami Beach March 2004 copyrtUH a ooa The Godwi aoup Project Manual .. 00100 SUPPLEMENT TO BID/TENDER FORM - QUESTIONNAIRE THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE ' BID, HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S REQUEST. QUESTIONNAIRE . • The undersigned au'thbrized representativeof the bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been In business while possessing • one of the licenses, certifications, or registrations specified In the Invitation to Did. License/Certification/Registration # Years 1.1 What business are you In? t'1Oc 0—u'A.IAALYi 2. What is the last • roject of this nature that yo have completed? 3. Have you ever failed to complete any work awarded to you? If so, where end why? 3.1. Give owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed .. March 2004 City of Miami Beach Page 41 copPr Ighti YOW h.OorCI.n Ow* • • ' Project Manual • work, -where your surely has Intervened to assist In completion of the project, whether or not a claim was made. 4. Give. names, . addresses and telephone numbers of three Individuals, corporations, genies, or titutions for whi h ya have performed work: 4.1 . _ . c kr)e l (name) (address) (phone #) 4.2. . (name) (address) (phone #) 4:3. (name) (address) (phone #) 5. List the following Information concerning all contracts .in progress as of the date of submission of thls bid. (In case of co -venture, list the Information for all co-Venturors.) 'TOTAL . DATE OF %OF NAME OF OWNER & CONTRACT. COMPLETION COMPLETION jU 9,)EcT . PHONE # • yuUE PER CONTRACT . TO DATE . (Continue list on insert sheet, if necessary.) • • 6. Has a representative of the Bidder completely Inspected the proposed project and does the Bidder have a complete plan for its performance? Page 42 City of Miami Beach March 2004 «wow • VW TIN Goldin Group - . - • Project Manual 7. Will you subcontract any part of this work? Ifso, give details including a list of the subcontraclor(s) that your company anticipates using on this contract. . • 8. Whiit equipment doyou own that is 'available for the wOrk? 74--1-Y3 • 9. What equipment will you purchase fot the proposed work? •• rsrit-Nick • 10: What equipmentwill you rent for the proposed work? Nc-Nr7f..2- 11. State the name of your proposed project manager and superintendent and - give details of his or her qualifications and experience In 'managing similar work. Cc.N- I-y-7,1-NA; . March 2004 City of Miami Beach eagyrighl C 84 The 6a0:14n Glehip Page 43 • . Project Manual 12. State the true, . exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the piece of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the Individuals who do business under the trade name). 12.1. The correct name of theBidder is 12:2. The business is a (Sole Proprietorship) (Partnership) (Corporation). �-CR- C-' '-\NC'"f 12.3. The address of principal place of business is: 1---Akc'v"Nr~, v . 759LP 12.4. The names cf'the corporate officers, or partners, or Individuals doing business under a trade name, are as follows: 1CC' . 12.5. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. 12.6. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include In the description the disposition of each such petition. Page 44 City of Miami Beach March 2004 copyooPvc gam rnt Gordian cry Project Manual 12.7. List and describe all successful Performance or 'Payment Bond claims made to your surety(les) during the last five (5) years. The •list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). 12,8. List all claims,. arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing Identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. nL�r-)C 12.9. List and describe all criminal proceedings or hearings conceming business related offenses In which the Bidder, its principals or officers or predecessor organization(s) were defendants. . March 2004 City of Miami Beach Page 45 copyrked 0 10704 Tht Goiclion Group Project'Manual 12.10. ...Has the Bidder, its principals, officers or predecessor organization(s)' been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. 12.11. Under what conditions does the Bidder request Change Orders? 12.12. What Is the Bidders Job Order Contracting or indefinite -quantity contracting experience? If the Bidder has experience, provide ell details and the agency you preformed these services for, contact names and phonenumbers and details of what type of work you performed. If you need additional space please .provide it on a separate page. �. "fir. ? C\ C.k11C ck 12.13. Explain your understanding of the Job Order Contract Program and .how your firm plans on providing the Management to execute the process from project Initiation throughout close-out. Your Managernent Plan should include Individuals assigned to this project and their responsibility. Provide your Management Plan in a separate document with the details requested. \red Page 48 City of Miami Beach March 2004 copyrtghl 02034 Ma Goldin Group • ProJect Manual 00520 SUPPLEMENT TO Bib/TENDER.FORM • NON-COLLUS1ON CERTIFICATE • PRIOR TO AWARD OF THE CONTRACT THIS FORM.MUST BE SUBMITTED FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this c)t--9 day of . 1 , 2004. . �' The undersigned, as Bidder, .declares That the only persons Interested In this .. proposal ere named herein; that no other person has any interest In this proposal or . in the contract to which this proposal pertains; that this proposal Is made without connection or arrangement with any other person; and that this proposal is in every • 'respect fair end made In good faith, without collusion or fraud. The Bidder agrees If this proposal Is accepted, to execute' an appropriate City of Miaml Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the • performance of all requirements to which the Bid pertains. The Bidder states that this proposal Is ba ed upon the documents identified by the following number: Bid No.\T l4 - 3 ,arc \eti� PRINTED NAME • `\ \CE 'WO. n\y • TITLE (IF CORPORATION) • • March 2004 City of Miami Beach Page 47 copyi g l 0 !CM She Gordian Group (5) PtoJect'Manuel • -00530 SUPPLEMENT TO BIQITENDER FORM - DRUG FREE WORKPLACE CERTIFICATION •PR1OR TO AWARD OF THE CONTRACT THIS FORM MUST BE SUBMITTED ..FOR BIDDER TO BE DEEMED RESPONSIBLE. • The undersigned Bidder hereby certified that It will provide a drug -free workplace program by: • (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, •dispensing, possession, or use of a •controlled substance is prohibited In the offeror's workplace, and specifying the actions that will be ..taken against employees for violations of such prohibition; (2) : Establishing' a .continuing drug -free awareness program' .to inform Its employees about: (I) _ The dangers of drug 'abuse In the workplace; (II) The Bidder's policy of maintaining a drug -free workplace; (III) Any available. drug counseling, rehabilitation, and employee - assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. • (3) Giving ail employees engaged In -performance of the Canted a copy of the statement required by subparagraph (1). (4) Notifying all 'employees, in writing; of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (II) Notify' the employer in 'writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later • • • • than five (5) calendar days after such conviction; Notifying City •govemment in writing within ten (10) calendar days after' receiving notice under subdivision (4) (11) above, from an employee or Otherwise receiving actual notice of such conviction. The notice shall Include the position title of the employee. Page 40 City of Miami Beach March 2004 c.,pyighl 0 t004 The GaslIon OrovW • • • Project Manual (6) (7) Within thirty (30) calendar days atter receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an • employee who is 'convicted of a drug abuse violation occurring in the workplace: . . • ••• . . .•, . (I) . Taking appropriate personnel action against • such employee, up ta and including termination; or . . • (II) • Requiring such employee to participate satisfactorily In a drug abuse • assistance or rehabilitation program approved for such purposes by a • federal, state, or local health, law enforcement, or other appropriate .agency; and . . Making a good faith effort to. maintain a drug -free workplace program through • implementation of subparagraphs (1) through STATE OF \ - COUNTY OF dee:2; feee-14 •• (Bidder Signature) (\ Jac a.. er) • (Print Vendor Name) • the °regain Instrl,jmentwas ackn4edged befor me this •••1•1(9 day of, Cr.) • 20 (title) of . (ngna-of-perenwhose signature Is being notarized) (name of corporation/company), ....---ghownto•mito be the person described herein, or who produced as identification, and who did/did not take an oath. NOTARY PUBLIC: . • March 2004 (Signature) Y1)1\6 WAI(pnt Name) MEL 11,• L.. SANCHEZ Notary Fgario - Sinai of Florida 14Cooriiinkol Fsevists hat( V, 2C6I3 Coffirnlaaten * 00126075 tionlad By listtonal Notary Assn. My commission expires: nat.) City &Miami Beach copyylphl • 10041h• Oardlart Clfektp Page 49 r .project Manual .011111. 00140 SUPPLEMENT TO Bib/TENDER FORM -TRENCH SAFETY • • ACT PRIOR TO AWARD OF THE CONTRACT THIS'FORM MUST BE SUBMITTED . WITH BID FOR BID TO BE DEEMED RESPONSIVE. • • . , . • On October 1, '1990 House Bill 3181, .known'as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised .excavation safety ..standards, citation 29 CFR.S.1926.650, as Florida's own standards. • . • • The Bidder,. by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. 'Me Bidder Is also obligated to identify the anticipated method and cost of '.compliance with the applicable trench safety standards. • BIDDER ACKNOWLEDGES THAT INCLUDED IN THE ADJUSTMENT FACTORS . OF THE PROPOSAL ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. • IN ORegR T9 QE CONSIDERED RESPONSIVE. THE pjDDER MUST •COMPIATE MIS FORM. SIGN AND SUBMIT IT WITH THEIR BIDDOCUMENT Authorized Signature of Bidder Page 50 City of Miami Beach ..p,.19,10 2004 The amnion @row, March 2004 • 'ProjectMa'nual • 00000' • RECYCLED COONI ENT iiNFORMAT1ON in support of the Florida Waste Management Law, Bidders are' encouraged to supply with their bid, any information available regarding recycled material content In the .products bid. The City Is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content In the product that may be extracted and recycled after the product has served its intended purpose. 'March 2004 City of Miami Beach Page 51 copyrrphl O 2034 mi Gordan croup ....Project Manual . . . . ocisoti CONTRACT CONTRACT THIS IS A CONTRACT, by end .between the City of Miami Beach, a political 'subdivision of the State of Florida,. hereinafter referred to as CITY, and • , Canyon •VonstractiOn. Zio. • hereinafter referred tO as CONTRACTOR. i WITNE 5 8 .E T that CONTRACTOR and CITY, for the • considerations hereinafter named, agree es follows: • ARTICLE' 1 SCOPE OF WORK • 1.1. The Scope of work Under this Contraceshall be determined by individual Job Orders- issued hereunder. Upon .receipt of a : Notice to Proceed, the CONTRACTOR shall furnishes all architectural and engineering services to support individual Job Orders, shop drawings, samples, management, documentation, materials, supplies, parts (to included system components), transportation, plant, supervision, labor and equipment needed tO perform the work at designated WY propertlea. ARTICI12 CONTRACT TIME 2.1. CONTRACTOR shall be Instructed lo commence the . Work by written Instructions in the form of a Standing Order Issued by the. -CITY 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 contiactlime is no more than 5 years or when the maximum value of the contract is reached. 2.1.1. Once the Contract Is in place, Job Orders will be issued for the individual Job Orders through Notice to Proceeds. The time .for completion of individual Job Orders will be contained in the Job Order Notice to Proceed. Page 62 City of Miami Beach March 2004 copoohie 2034 Rio Gadian Group • Project Manual Time is Of the essence.throLighout this Cont endarJday ob Orders d son hell be 2.2. Tspecified payment in substantially completed within the ch individual Notice to Proceewdithin tha tand impeespeclted fledrondeach Individual y for final otice accordance with Article 5 to Proceed. • 2.3 • Liquidated Damages (LDs) may be : ap rates to indie o Ual Ll7s 'Jobre roers intended it the 'discretion of the City. .The dollar amou ( ) • to be applied as penalties, but rathoccu to be plied andloruse damages to the Project.ii PCs its Inability to obtain full beneficial P or .ere 'on construction projects •o a hereby fixed at $1,000 per day and agreed upon between the parties, recognizing the Impossibility of precisas al aansequence of such delay, and bothe amount of th es that will be sustained byla the Cityestibn of dispute concerning the amount of parties desiring to obviate any q • said damages and the cost and effect of the failure of the Contractor to • complete the project on time. .pe uThe additional cost 2.3.1 Os relaty the Cit sco consists $of the following jcomponentts: realized by Y ' Additional construction adminittration.by City, Program Manager and Consultant. Additiohal•resldeft observatlon'by City and Progratn Manager. Loss of use of facilities; such as loss of parking 'revenue, .sideWalk• . cafe fees, etc. • . . . e 'cost realized by the City .for 'extended project milestone completion' The fee, the City consists tofo the sum Of (CM) rcost, additional Consulan(PM)ees that would .. . • be inc Construction Management each clay that the project completion is delayed be incurred by the City and those costs realized by the City for loss of facility use. It is estimated that' the PM component of CIty r hour for 8 ho rs per day reasonably consist of one •resident observer ($. pe $600), one Project Coordinator ($12erper hourfor for 4 4hhour o rpperdd ,y = $ 00). and one Project Administrator ($50P Hence, the estimated PM component liquidated be $1,300 per day, value to be s used on streetscapelutillty p jacts would March 2004 City of Miami Beach wpyi7l*€ 203411x Gordon Group • Page 53 • . ...• • . •'' • • Projet ManUal .„- • . . It it estimated that the Construction Management Ootripbrient of CIty•incUrred expense would be based on the recognized rate of 4% of total project cost. Hence, a $5,060,000 project that has construction duration of 300 working : days would result In a CM cost component of $800 per day. This value would vary by project and can be established by the Program Teem and provided to the Consultants accordingly. . . Lobs of 'Parking Revenue:. if OppliCable, will tie incorporated •In the Job Order/Notice to Proceed. • • • . • . 2.4. . CITY is .aUthdrited •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 • crry, in• addition to liquidated damages, for all costs IncOrred by the CITY and or Program Manager. .in administering the construction of the Project beyond the • 'completion . date .specified In .eabh Job Order RFP, plus approved time • extensions. The CITY'S and or Program construction 'administration costs • shall be pursuant to •the contract between CITY and Program Manager, a copy of which is available upon request of the Contract Administrator. Ail such costs shall be deducted from the monlea due CONTRACTOR for performance of Work under this Cbntract by 'means of unilateral credit change orders Issued by CITY ascosts are incurred by Program Manager and agreed to by CITY. ARTICLE 5 • THE CONTRACT SUM AND ADJUSTMENT FACTORS• 3.1. CITY shall pay to CONTRACTOR fOr the performance of the Work deaciibed 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 42,000,000) 'per term. The maximum value of that may be. ordered under contract 12- 03/04 and contract 13-03/04 Is lan. million dollars ($10,000,000). The 'maximum Amount that may be • ordered Linder contract 14-03104 Is ($5,000,006) per term. The maximum value that may be ordered under this • • , contract 14-03/04 Is twenty five million ($25,000,000). • . . • 3.2. •• Payment shall be at the lump surn price statedIn the Notice' to Proceed for .each Job Order. This price shall be full compensation for all costs; Including . overhead and profit, associated with .completion of all the work in full . . - • - .• Page 54 City of Miami Beach ...wok • =4 The Median Gse.4) March 2004 Project Manual conformity with the requirements as stated or ahown, or both, in the .Contract • Documents using the following adjustment factors: .. 3.2.1.. Normal Worki"ng•Hours Con$tructiori: Contractor shalt perform any or ell 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 Services.' Contractor shall perform any or all functions called for in the Contract' Documents and the individual project Detailed Scope of Work, scheduled during.norrnal working hours in the quantities specified ire 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 Roars 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 3:2.4. Other Than Normal 'Working Hours Construction .with Architectural and Engineering . Services: , .Contractor shall perform any or all functions called for In the ;Contract Documents and the individual project Detailed Scope of Work, scheduled during other than normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: 1.0600 3.2.5. Normal Working '.Hours Construction using Davis ,Bacon Wages: Contractor shall perform any or all functions called for in the Contract • Documents and the Individual project Detailed Scope of Work, scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum • March 2004 City of Miami Beach Page 66 copyriphi 0 2004 nr Gc4Oloo Group .,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 anyor 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 glob Ordersagainst 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 • PROGRESS PAYMENTS 4.1. For Job Orders of duration of 45 days or Tess; 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 March 2004 cUCY 9hlQ/200+TheGadenSi3OUF Projact Manual 4.2. and the •amouht 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 requlred by The Contract Documents and a release of liens and consent of surety relative to the work which Is the subject '.of the Application. .Each Application for Payment shall be submitted in triplicate to CITY for 'approval. CITY shall make payment to contractor within thirty (30) days after approval by' CITY of contractor's Application for Payment and submission of an acceptable updated progress schedule. Ten .percent (10%) of all monies earried by contractor shall be 'retained by • CITY until Fihal Completion and acceptance by CITY in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the • retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction In retainage shall be In the sole discretion of the -Contract Administrator, • shall be recommended by CITY and CONTRACTOR shall have no entitlement to a reduction. Any Interest earned on retainage shall accrue to the benefit of CITY. All requests for retainage reduction shall be In wilting in a separate stand alone document. .4.3. . CITY may withhold, In whole or In part, payment to such extent as may be necessary to protect itself from lose on account of: •4.3.1. Defective Work. not remedied. 4.3.2. Claims filed .or reasonable .evidence IndiCating ..probable filing of claims by other parties against CONTRACTOR or CITY because of Contractor's performance. • Failure of CONTRACTORto make e payments properly .,to . Subcontractors or for material or'iabor.• 4.3.4. • Damage to another contractor not rerriedled. 4:3.5. Liquidated damages .an`d costs Incurred .by .CITY for extended .construction administration. ': 4.3.8 Failure 'of CONTRACTOR to provide any and all documents required • by the Contract Documents. .March 2904 City of Miami Beach Page 57 copyright O KW ihhs Gordian Croup • Protect Manual • • :ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1. Upon receipt of written'notice from 'contractor that the Job Order Is ready for final Inspection and acceptance, CITY and or Program Manager shall, within ten (10) calendar days, make an inspection thereof. If Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the •permits and regulatory agencies. have been met, a Final Certificate of Payment (Form 00926) shall be Issued by CITY and or Program Manager, •• over Its signature, •stating that the' requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2.. before Issuance •of the Final Certificate` for Peyment,'contractor shall deliver to the CITY a complete release of all 'lent 'arising 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 -built drawings; and Invoice. 6.3. If,' after the Work has •been substantially Completed,'foil '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. • . Fihal payment shall be made only after the CITY Manager or his designee has reviewed a written evaluation of the performanceof contractor prepared by the Contract Administrator, and approved the' final payment. The acceptance of final payment shell constitute a waiver of all claims by contractor, except those .previously 'made In strict accordence with the provisions of the General Conditions and identified by contractor as unsettled at the time of the application for final payment. • Page 58 City of Miami Beach Cop' N O sow me Gordon Group March 2004 Project Manual ARTICLE 6 . MISCELLANEOUS . 6.1: This Contract is part of, and Incorporated In, the Contract Documents as ',defined herein. •Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project.. 6.2: Where there is a conflict bet*eeri any provision • set forth within the Contract • Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3. Public Entity Crimes: • ' 6.3.1. • In accordance with the' Public Crimes Act, -Section 287.133, ,Fiarlda' Statutes, a person or affiliate who is a contractor, consultant or other , provider, who has been placed on the .convicted vendor list following a • conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the CITY, may not Submit a ,bid on a contract with the CITY for the construction or repair of a public building or public Work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work as'a contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any' business with the CITY In excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of thls section by Contractor shall result in cancellation of the CITY purchase and may result In Contractor debarment. • • 6.4. Independent Contractor: : 6.4.1. Contractor is an • independent contractor under this Contract. Services provided by Contractor pursuant to this Contract 'shall be Subject to the supervision of Contractor. In providing such services, neither Contractor nor its .agents shall act as officers, employees, or agents of the CITY. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5. • Third Party Beneficiaries: • 6.5.1: • Neither Contractor nor CITY Intend to•directiy 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 eoprlpht 61004 h, Gadlan Group • Page 59 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 to give notice to the other, such notice must be .in writing, sent by certified United :States Mail, postage prepaid, return receipt' requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery,. addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: City of Miami Beach Procurement Division .1700 .Convention • Center Drive Miami Beaeh,Florida 33139 Attu: Gus Lopez With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Carivon Construction Co. 12171 Sw 131 Avenue .14.110131. Fl. 33186 Attn: Ivoune.Munnc 6.7. Assignment and Performance: 6.7.1. Neither this Contract • nor' any interest herein .shati 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 the'egreed compensation. Page 60 City of Miami Beach March 2004 copyright 0 2004 The Gotdlee droop Prolect'Manual 6.7.2. ContrtClor shell perform its: duties, obiigatlpns; .and sarVice's 'under -this Contradi in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided .to or on behalf of City shall be comparable to the best local and national standards. 6.8 • Materiality end Waiver of Breach: 6.8.1. City and Contractor agree that each requIrem$rit, duty, and obligation set forth In these Contract Documents Is substantial and Important to the formation of this Contract and, therefore, Is a. material term • hereof. . • 6.8.2. City's' failure to enforce any provision of this. Contract Shell -not be - deemed a waiver of such provision or modification -of this Contract. A waiver of any breach of a .provision of this Contract shall not be deemed a waiver of any • subsequent breach and shall not be ,construed 'to be a modiflaatlon of the terms of this Contract. 6.9. Severance: . 6.9.1: In the event a portion •. of this Centred 'is found by a court of competent Jurlsdiction to' be Invalid, the remaining provisions shall • continue to 'be effective unless City or Contractor elects to terminate this Contract. 'An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. • 6.10. Applicable Law'and Venue: • • ' 6.10.1. This''Contract 'shrill. be enforoeabie In Mlamf-bade County, Florida, • and If legal action is necessary by either party with respect 10 the enforcement of any or all of the terrns'or conditions herein exclusive Venue for the enforcement of same shall Ile In •Miami -Dade County, • Florida. By entering Into this Contract, CONTRACTOR and CITY hereby expressly waive •afy rights either party may have to a trial by Jury of any civil litigatlorn related to, • or arising out of the Project. CONTRACTOR ; shall specifically bind all sub- contractors to the provisians'of this Contract. 6.11 Amendments: ' • • 6.11.1. No •modification, amendment, or alteration in the terms or conditions contained herein shall be 'effective unless contained in a written _ document prepared with the same or similar formality as this Contract and executed by the Board end Contractor.. . 6.12 Prior Agreements: • .March 2004 City of Miami Beach Page 61 copyright • 900, The Galion Gaup .Projiict Manual • 6.12.1'. This document • incorporates and .includes • all prior negotiations, correspondence, conversations, .agreements, • and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements . or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, :the parties agree that no deviation from the terms hereof shall ' be predicated upon • any prior representations or agreements, whether oral or written, It Is further agreed that no modification, amendment or alteration In the terms or conditions contained herein shall be effective unless set forth In :writing In accordance with Section 6.11 above. IN WITNESS lii11HERE0F,•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 ASTO FORM & LANGUAGE • 8► FOR EXECUTION 0 Date Page 62 City of Miami Beach wpyrlol O 2034 The Oond{vi Croup March 2004 • . . PrOjeCt Marival i • . CONTRACTOR .MUST EXECUTE THIS ICONTRACT AS INDICATED BELOW. USE CORPORATION OR NON-CORPORATIONfORMAT1 AS APPLICABLE. • [If incorporated sign below.] . ATTEST: CONTRACTOR Name of 8 cretery) By Corporate Seal) [if not incorporated sign below.] • WITNESSES: (Signature and Title) \CN,It) c (Type Name/Ttil Signed Above) (:)1 .dayof\ACE,2Q CONTRACTOR (Name) By . (Signature) (Type Name Signed Above) day of , 20 •CITY REQUIRES FOUR (4) FULL -EXECUTED CONTRACT'S, FOR DISTRIBUTION. 'March 2004 City of Miami Beach Page 63 copyripet 0 2004 The Giceclem 0=0 1• , • Bid Bond .KNOW ALL MEN BY THESE PRESENTS, that rve Carivon Construction Company .• 12171 SW 131st Avenue, Miami, FL 33186 as Principal, hereinafter called the Principal, and Great American insurance 'Company • 2101 Maitland Center. Pkwy, N125, Maitland, FL 32751 • a corporation duly'orgpnized 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 Floor, Miami Beach, FL 33139 as Obligee, hereinafter call the Obligee, in the sum of Fifty Thousand and XX/100 Dollars • (S50,000.00) for the payment of which sum;well and truly to be evade, the said Principal and the said Surety, bind ourselves,:, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHERE.. , the Bald Principal has submitted a bid for ITB 14-03/04, Capitol improvement NOW, THEREFORE, if the Obligee shall accept the bid `of the principal and •the' Principal shall enter into e Contract with the Obligee in accordance with the terms of ouch bid, and give such bond or bonds as may be . specified in the bidding or Contract Documents with good and sufficient surety forthe faithful perfoirmancs 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 Bald bid and • • such larger amount for which the Obligee may in good faith contract with another party to perfortn the Work covered by said bid, then this obligation stall be null and void, otherwise to remain in full force and effect. Signed and sealed April 22, 2004. • Carivbn Construction Company By: Great American t nuance Company • By: A Mlchae ne , A °racy -In -Fact and Florida R ident Agent (Seal) • (Sect) TERRORISM COVERAGE RIDER NOTICE -DISCLOSURE OF TERRORISM COVERAGE'AND PREMrUM 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 22, 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 Goverment, 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®• - Administrativ Offics:.560 WALNUT STREET • CINCINNATI, OHIO 45202 • 613-360.5000 • FAX 513-723.2740 The number of persons authorized by . this power of attorney Is nce more than • THREE No. 0117672 . POWER OF ATTORNEY ' - ' • .KNOW ALL MEN BY THESE PRESENTS: 'nu a the GREAT AMERICAN INSURANCE COMPANY, a corporutinn organized and existing . under and by virtue of the lows of the State of Ohio, does hereby nominate, cnnstl mute and appoint the person or persons named below 1 to 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 hands, undertakings and contracts of suretyship, nr • other written obligations In the nature thereof:: provided that the liability of the said Company on any such bond, undertaking orcontract of suretyship executed under this authority shall not exceed the limit suited below. Name MICHAEL A. HOLMES GERALDJ.ARCH MICHAEL BONET Address Limit of Power ALL OF ALL PT. LAUDERDALE. FLORIDA UNLIMITED This Power of Attorney revokes all previous powers Issued in behalf of the attorncy(1)•in-fact 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 liffixed this 3I ST day of JANUARY 2003 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO. COUNTY OP HAMILTON • u:. DOUGLAS R. soweu (11134.140111. ' On this 31ST Joy of JANUARY, 2003 , before me personally appeared IDOUGLAS R. BOWEN. to me known, being duly' swum. 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 ciescribed'nand which executed the above instrument; that he knows the seal of the snld Company: that the seal aftlxed to the said instrument is such corporate scat; that it was so affixed by authority of his; office under the By -Lows Made Company, and that he signed his name thereto by like authority. • r • This Powcrnf Attorney is granted by authority of the followinu resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I. 1993. ' RESOLVED: That the Division President, the Several Division Kee Presidents and Axsisrnru trier Presidents. or sore eme of them, be and herebv lr antharited, Pon tine fie tine, ra nppnim one fn. rare Annnwy,-in-Farr ►u evesrote run behalf of slw Company a sours: env and all bonds. nndrrrrnkings and . I vmowers of suretyship, or tither written obligations hi Me nation. Merrof,• to prescribe their rerper•tive duties and the r,vinrerive limits ref ds& authority: and to revs a any such appainnnnu at any time. • • RESOLVED FURTHER: That the Company seal and the signature rfany of dtr aforesaid of lretn and ant= Seaway or Assistant Sec•rrtan= r f the Company may beaffixedbv,farsirnllemany mow- ofnrron toyorr•er7I(ira►eofclthcrgivenfor theraerarirngrans bond.arnderraking, nintmrtorsnmta=.Thip,or other written obligation In the natant thrrrril; .ouch xi:nalnny and weal when so used being hereby adopted by the Company the original signature ofsurh officer and the original seal of the Company. to be valid and binding upon the Company n•irh the .crone Jura and effect ect a.r though mrmoally OW. CERTIFICATION 1. RONALD C. HAYES. Assistant Secretary of Great American -Insurance Company, do hereby certify That the foregoing Power of Attorney and the Resolutions of the Bonn! of Directors of March I. 1993 have not been revoked and are now in full force and effect. Signed and healed this 22nd day of Apri 1 2004 e tom t11ta1) 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/Joc 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 • I.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 carivorK0bellsouth.net Erosion Cbrif01 Pia P.0.000542 5-00430004 1M 01229,T Cedes Hemaidrs Renrareennb easequilcallon■E s .36.500.00 MrMn1 !!!!!!!1 Cade, Hermander Coles Hernendez rft riren-mmmillir.... _.,1 Cato Henade¢ .�- �syu • f�eralfadiralerE+valon CerL{IIES S 7000.00 Menl Caen He ands¢ M!!! e ME $ 2mpao oo PETPMIIMMII cartes Hernandez"+ IESIE Dade rP,�lle 9d,od eD11554 i 15A00.00 Dale im.000no Pa s �Cedes Cadet H.wades -e: � s tooeoaeo MEM TwoYeaTeem Owed Hewesiimms. Cads Hernandez EIREIllil rtieae r �_elii dOCara wGOal,aaNM ©sue $ Estmmshe-03,a Dads H110 BeTadGaMlon 30581e- 42e432d1 Irene Codes Heinsrrsse .irt*i e ~ — IIISIII s sJ0.000.00 hSuldeHenerrdsa Lde WM ® New s am _ IMIRTIEl s Henurdez Gad. Ca enelGasStafien fareho • nieriS eistnm� $ ,00000m US. Coat Seal StenMJaisdi ,,.n.ee� WIG.da NerPaddrgl t 11111111 Morel Dade Carectl.d Ctr � ! 305- 400 Cedes Came Now Ovelar sas+d R.ardl= le IA3145 s 273,172A0 � ... .. .. MI e...,' Clorox, Carr tl� 940305 slpaflrd.Aae�a2 �a0a0 �� inn !lens WS CedesHna.deZe.lne ME $ ,:V7. is.Cent Guard C.bsCpaa ;n lethal aid bawls PM e Womiekr1 Caber _ $ 300E00mp , «.. _ el - � `''"'"" MelWes„anssta ©�. � Ceestdmd MET/I�� ..�.�_-.. w Hsrb.ts� e Cabs Hen=liet panntmen a/Donne i elrserbrFlened..r. $ 2r,.ms.00 w 3 1.233.003.70 Were Dade AMalan DWI Odin Maw Termer .1,147 00,011 r5 MEIN755.7110 19 UM ET!!In11111MLIRI m...ora.bmt MillillOPENIIIMEIlm ! ___E11114,10.0gemwspni EIM!lii PIMP! !!!!!MIENTI !!!!limmilM I!! _ El !MTN— Ell!!!TIMM!!!!!9111!Miil EMMEN= /1111MMLIIMIN!”1111Mrl 4a en11111111=11 NMI !!!!!!!!!Tm!MIIIIT!!!1 M!!!!!!LIT. M!!!!!MIN MENIE!!!!.111P1131 !IPNIII!!!!!!1 11111111111111111111111111111111 1111111 CARIVON CONSTRUCTION C�MPANY ORGANIZATIONAL CHART JOC CAPITAL IMPROVEMENT PROJECT I1B 14-03/04 Carlos Hernandez Project Manager I - Administration Ivonne Munene IMelba Sandhez1: Superintendent Osvaldo Alfonso LUU$ f V/V l• 111V4 IJVA IJI ILIV • V • pkosEctmoAoig • He will expedite and coordinate day-to-day 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 cost and schedules, coordinate construction activities, • stimulate quality work from subcontractors, prepare payment requisitions, monitor and direct field activi(ies, 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 changele), • conduct pre -job and on job meetings plan major construction operations and sequences. $IIPERVISOR .• He will assist and coordinate scheduling activities through•application of diversified • . controls, Hc will plan, assist in the preparation of planning and scheduling 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 •Cerivon's reporting requirements, progress status, new impacts. • • He will assist and prepare detailed cost estimates together With the tstimaior, tracking costa 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 specifications, drawings attend pre -bid meetings etc. to • determine scope of work and required contents of estimate, and will prepare estimates by Calculating complete take-off's 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 Beach and subcontractors to provide, if applicable, engineering and cost data regarding project feasibility. -;ESTIMATOR • The project estimator is directly in charge of project estimating, He will visit the site 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. • pRCiJECT MANAGED • He will expedite and coordinate day-to-day project operations to ensure the project goals are attained. He will directly manage the consttuction 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 weekly Owner progress meetings, establish and maintain quality control, safety programs. He will also secure owner acceptance of any scope changes),. conduct pre job and on job meetings plan major construction operations and sequences. SUPVRVJSOR, • He will mist 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. He 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 coat estimates together with the estimator, tracking costs during construction, he will review and incorporate historical data from purchatte orders, subcontracts, productivity analysis reporta, etc. Into unit and man-hour figures. He will review proposal specifications, 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 tiles of working documents as back-up for estimate figures, interfacing with the City of Miami Beach and subcontractors to provide, if applicable, engineering and coat data regarding project feasibility. ESTrMATOR • The project estimator is directly in charge of project estimating. He will visit the Site with the Project Manager to review specific scope of work in details. Estimator will apply correct line items from the IOC Item Book to submit cost proposal within the allocated time. • JOC BID FOR CAPITAL IMPROVEMENT PROJECT CONTRACT NO: °ITl3 14-03/04 Project Initiation to Project Close Out • City of Miami 'Beach informs' Carivon 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 notfouod 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 'Pro ject Manager and estfmatorto review'scope as well as proposal. • Corrections of agreed line 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 Substantial Completion will be submitted to :the Owner. • Asite meeting rWill be conducted to generate a punch list of deficiencies for corrections. • Notifjr Owner of Project Completion.. • . Owner to conduct second walk thru to confirm punch list •itemns have been completed. 4 V 1•1 1 I Vf 1& 1• 1 W. V V I I1 V 1 'V V L I V. 1 4. I V 1 V • : Complete Certificate of Completion forms for • Contractor, Architect and Owners signature, if • • applicable. • Through out the progress of work'on. 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 MVtiami Beach with no .deflcfencies. • .qir r. u'l PIA •J a:VV'I Iv.ya/Vr. IO.Oi)/IYV. UoLaU91Li0 r u Carlos Hernandez. • • 12171 SW 131 Avenue • Miami, Florida 33186 • 305-232.9024 WORK EXPERIENCE: CHIEF PROJECT MANAGER/CHIEF ESTIMATOR CARIVON CONSTRUCTION COMPANY ..Miami, Florida January 1991-Present y Co -Founder and Vice President. Responsible for the development and execution of construction/ground up/design/build projects including prune contract negotiations, preliminary coat analysis, bid preparations, subcontractor negotiations and buy-outs, project schedule for labor and materials and subcontractor budget monitoring. Preparation of payments requisitions and project cloae-out. Supervise personnel on multiple projects including job superintendents, subccontraotors, and internal labor forces. Oversee all estimates. EXPERIENCE: Miami Dade County Public Schools September 11, 2001 to Present JOC/Maintcnanoa #J0001•Central 3 City of Miami Beach April 24, 2003 to Present IOC #jOC#75.01/02 Citywide • See attached list ofprojects completed and in process MtleR 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 of Florida, General Contractors License, 1987 • US Army Corps of Engineers, Construction Quality Management for Contractors 1 4VV? I4.11/V1. 1V.ua/NV. uJLIV44Ltb r . lvonne•Munn 12171 SW 131 Avenue Miami, Florida 331$6 305-232-9024 WORK EXPERIENCE: Controfer/Aaat. Project Manager CARNON CONSTRUCTION COMPANY Miami, Florida January 1991- Present Co-Fo+tnder 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, Marketing, Advertising, Organization of staff, Bid Preparations, Soliciting Bids from Subcontractors, Subcontractor/Vendor Request, Preparation of Payment 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/Maintenance #JOCOI-Central 3' City of Mianii Beach April 24, 2003 to Present JOC/#75.01ro2 Citywide • • Sec 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: High School Graduate . Miami Dade Community College, Business Administration I February 1985 —May 1989 January 1984 -- February 1985. liRLUMMI J LUUM I0.4i/3i. It5,4V/PIV.03'LIU4i'LIU N U 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 pmjects 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 successftl projects with various South Florida Government Agencies. 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 IOC 475.01IO2 Citywide See attached list ofprojects completed and in process GARCIA-ROSS CONSTRUCTTON December 1984 — November 1991 SUPERINTENDENT EDUCATION: t: High school Graduate US Army Corps of Engineers, Construction Quality Management for Contractors 1 . . • p.:••• • • V • I • I Wvp vv.... W I's v • • §ergio Nino 12171 SW 131 Avenue Mia:ni, Florida 33186 • 305-232.9024 Asst Es thna tor ' , , March 3998 - Present CARIVON CONSTRUCTION COMPANY Miami, Florida . . Respoutibility . Assisting Chief Estimator, Process Monthly. Construction Summary, Maintain Change Order Log, Shop Drawing Logs, RPI Logs and Construction Cost Logs Experience: Miami Dade County Public Schools September 11, 2001 to Present IOC/Maintenance kY0001 — Central 3 City ofMiarni Beach April 24, 2003 to Present JOC 075.01/02 Citywide EDUCATION; • High School Graduate • Miami Dade Community College, Presently Attending rrtvr1 • .d ,tvfEuPvirtY 6 1UU4 l: 41 /51. 1 u :1V/NU. $Z1 U41 Y 111 h A306 LW. AT /1vnua • ' Amide 33167. 3364m Female, , BDOWt ATl®Ao C,oM 11VIIIMAi[Y OF Eicttsn,iva axponarics In archfecturil (lotion, droning. andAfdoCAD OUJAt.Il eA'1fMtte production And manapemtnt, corwll as strong Void experience. • Ru•ponsibie for the design of both reokieMtd and oommerdal wick. •Including: cuelom luxury, home, low and high flee condominium. and • • • opertment complexes, coo slid (Mu fecJellas at Merril International AN•port, soiiools. ACLF'a, shopping centers, amca buildings and restaurants. LOC Inspsctor, • Meirblra Proibla *order Pro/eel ManiCar ■ Dude Court Bawls itet.loba' 'PSWi IIiplax Irilirna!lonsu! Mlamt. PI. ' lhsdieal . • ■ 1.4•Oo Dade Transit Authority ■ Miami i *smut clonal Airport, • . Nborlan River rodlike. . • 19Q4.10o7 . , • . lonely' i etsirceok, .Ono Ooroonot oravi, FL . Prolong orifCAA>D Manager •• • Disney and Fax thin lace ; tsydnay, AinrlrMle. . 1992.1404 • • • • N:•.wo i Mrsvrw Arcliitstf le Prioject idatepK . • • Dads County Schools' 'April 11192 to bilispoits, OotooOria i *twars, 'bra! Orbtfidy!n. . August to • - Turipority CAOta PriliontstiOn and Production IIVIR • • .r . u tulnAY 5 ZUU4 13 41/ST. 13:39/NO. 6321041218 P 13 1901-1992 Nair, Cowebi, MMi *i a si sn" VIi&1, PL • PT+ojnet IMa.iagir 1]edr Counfy'Sc ods 19694900 dinady i Babcoclir;, Mc Cnosonnt elms,' FL s.Nlor Draftsman . Fisher heard . 19864M Dov1r .try Ink* rib Arobitoo#, A. Mlrwd, FL • • 1ProJoiit wrehltint,.AssigIi two! Iroditotlon . • low and high rise oondominiurst 19AT 1iild IjriirriDrafgnnw • Wonted With Deebned Ent:Melting I laes • •Thongs H, Maxwell Jr.. P.E. (Consulting Englneao 19117-1086 O1 rns A!IM ilMM Pod iiIsaoaritas • Mi.s,i, PL. DNlpn +rnd Produvdon • 198 1969 • Stoiriitt d, sldnnor, dlrvhHrot.. MIm1, PL Dorian And Production Mieini international Myatt . 19a3.19a5 wr�ehltriwnlf DssI$horal�lcwi�inr Mlaied, FL Design and Productloti It 34 n t .r repuit rrexh rtititi 0E t sg 3r,iirnitil hasronftrrri on- &wet Egitialt the. irzjrrroF.. hy nibaitir all the lionoio sash . literritntor amerta. _ . art tuitniao itilterent the xrf tote '� •�� .�. R.�unit ire o of the Preolifent unit the Bea are hereunto affix:elf. Coral Gnbtes, . 't ib-n,x x 4 ci+�� t�.ysivi. iv,vt►/�ru. uuciu�iiio r �1 • 'lorida astiafiaoc6t.diCdeatIo* • UDC C='RTZflCA7s or CQ1druArrez Tslaletocertii . BA.10D DOWLATI . u cirWWed m mew cw VPC Ltpiedosa at ..PubM tdusitiondll lides preaaNbed is w 131.24, /.L and rules of the State Nowt of EdreatIon v udr csai. oo1 to 02-,1,24)o4- • 60204 .363.446 %TI. I'InI. :+ CUUi 10,4C/3I. 13.3U/NU. D3CIU4I1Io r .14 • 4240 S.W.4t t it.. : • Matte (3OS) 44144os • • Mimi FL 33134 Fax (34S) 631.1499 ' •I• t-msif 3400rtgreMbtlH4>�fNruel Ivan Figueoa • • ObjectiVc Use my knowledge and experience to benefit your company Education .1981.19g2 New York City Tech.• College Bmoklyn.N.Y. Electronics to hndlogy . Reed no degree • -Work . DiC 2003- Present ' Carlvon CofstrUcdion Miami Florida experience • project Coordinator • • - Coordinate Sub -Contractors work, maintain work progress sheets, preps pre -task plans for Safety team, organize and attend general contractor meetings help maintain safety program. , . FEB-2003 —DIC 2003 ABC. Construction • Miami Florida Safety Manager —Carpenter Coordinate employee safety program In Miami International Airport to abide by O.H.S.A. standards. Implement training program, accident prevention and protection. OCT 200I—FEB-2003 Figaro Construction Isabela P.R • Thieriot Cantrector Construction of drywall partitions, acoustic drop ceilings, ceramic and Linolium tiles and general fnterior construction. Maintain * safety program for racy employees to follow. FEB-2001- OCT 2001 Acutec Spedalty Systems Carolina P.R. • ' Supervisor Supervised installation of acoustic ceilings and drywall partitions in Up John Phumacia, Nicorette production building and Luis Munios Math International Airport. " • , 04.usi•piri I 40/4 • ."L/ ...ill. 14 • OU./011.1. Uk)-4.1401.11 to r .1i • 4240 6,V/till it 'Nklusti FL, 33134 Ivan Pigueroa Piirik3CI3")441.2.100 . . • Fix (303) 631-1499 • E•mail 2400martabillioutlimit • .ObjeCtiva Use tny knowledge and experience to benefit your company • Education 1981.— 1$'2 Neff York City Tech. Collegrook1ynNX. • Electronics( technology • ReCtrived no'degree • . •Work • • •MC 2603- Present , • .Cariven COnStraction •• . Mani Florida. experience Project Coordinator . • . Coordinate SubContraciers work, Maintain work progress Sheets, prepare pre -task plans for safety team, organize and attend general • contractor meetings help maintain safety program. FEB-2003 — C 2003 . .A.BC. Conatinction :Miami Florida • ' . Safety Manager— Carpenter •• . . . . Coordinate employee safety prOgram in Mianii International Airport to • . 'abide by O.H.S.A. standards. Implement training program, accident • prevention and protection. • . OCT-2001 — FEB — 2003 Figara•Cciastruction Isabela P.R. • Interior Contractor - • : •• • • Construction of drywall Partitions, acoustia droi3 ceilings, ceramic and Unarm tiles and generalinterior construction. • Maintain a safety prograrn for my employees to follow. FEB-2001 - OCT- 200i Acutee Specialty Systems Carolina P.R. Supervisor ••. . • • Supervised installation ofacoustic ceilings .and drywall partitions Up • 'John Pbamacia, Nicorette production building and Luis Munios Markt International Ahport. • . MAR-2000 FEB- 2001 Caribbean Ind. Coast. Guyanabo Assistant Supervisor• . • Supervised installation of drywall gYpsum board, •tiles, doors door frames, interior construction at Merck • Sharp & Dome Pharmaceuticals and Hewlett Packard, San Juan Puerto •Rico. • Coordinate employees safety to abide by OSHA sandards. rrr• ar r!r• r ►►f •.b•'. rr•M••in V • •v Extiacurricular activities .Accrtrdon's and licenses .3UL-1994 AEG-1999 Radtecti, Inc. • • • c3uaynabo P.R. Sales and Distribution . . Sales and distribution of radiator and radiator supplies, reorder supplies and deliver merchandise. APR —1987-JUL-1994 •C & A Clara Coast. Brooklyn N.Y. Assistant Manager Supervise and Install drywall framing, gypsum'bo rd, tiles, door8, door frames, acoustic ceilings and general lacier constructionn. Fishing, computers„ cooking and carpentry. OSHA 500 certified Trainer, competency training in scaffolds, fall protection end excavations, completed basic training in' CPR and First Aid, Aerial work platform safety course completed powder actuated tool certified, read construction plan, set interior layouts References available upon repent. This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255,05 Surety Name: Great American Insurance Co. 270] Maitland Center Pkwy, #125 Maitland, FL 32751 407-667-0022 Bond Number: 4175327 Contractor Name: Owner Name: Project Number: Carivon Construction Company 12171 SW 131 st Avenue Miami,'FL 33]86 305-232-9024 City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33I39 305-673-7490 14-03/04 Project Description: City of Miami Beach, Job Order Contract: Capital Improvement Project Project Address: Various Locations, City of Miami Beach, Miami -Dade County, Florida Legal Description of Property: Various Locations, City of Miami Beach, Miami - Dade County, State of Florida This is the front page of the bond. Ai) other pages are subsequent regardless of the pre-printed numbers. 00710 FORM OF PERFORMANCE "BOND . Project Manual Bond No. 4175327 BY THIS BOND, We Carivon Construction Company as Principal, hereinafter called CONTRACTOR, and Great .American Insurance Company as Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, hereinafter called CITY, In the initial amount of Two Million Dollars ($2,000,000), for -the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has, bytMitt ei agreement entered into a Contract. Bid/Contract No.: 14-03/04 , awarded the 21.st day of ilaY , 20.04 with CITY which Contract Documents are by reference incorporated herein and made a part hereof, end specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to es the "Contract"; THE CONDITION OF THIS BOND isrthat_ifIO.QNTRACTOR: 1. Performs the Contract betweVn'Ct'N&RACTOR and cITY for construction of Job Order Contract Capital Improvements roJec the Contract being made a part of this Bond by reference, at the times and In the manner prescribed in the Contract; and 2. Pays CITY all losses, liquidated damages, expenses, costs and attorneys fees including appellate proceedings, that CITY sustains as a result of default by CONTRACTOR under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FUI4.fi, .fCE AND EFFECT. Whenever CONTRACTOR shall be. ,end declared by CITY to be, in default under the Contract, CITY''havrr�g fi' ` dined CITY obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or March 2004 City of Miami Beach coy m4nO4TheOordlenWWp Page 65 Project Manual 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents; and upon determination by Surety of the lowest responsible Bidder, or, if CITY elects, upon determination by CITY and Surety Jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and CITY, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the coat of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under thetecntract• and any amendments thereto, Tess the amount properiyrpaidabr;CsOY;to.CONTRACTOR. 4. No right of action shall accrue an ihielpttEgdYto or for the use of any person or corporation other than CITY named herein. 5. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this 8th daxtpf, ,June Za. 04 Page 66 • ,i1. 't City of Miami Beach CO y+lphl03Au1he0ofawlOgm i March 2004 WITNESSES: (CORPORATE SEAL) IN THE PRESENCE OF: Project Manual F Carivon Construction Company Name of ati n) Y (Signature and Title) Qcoc v' c c (Type Name/Title Signed Above) " C day of (IQ, 20C)( INSU NCE OMPANY Grea e:raz I suran e Company By Et nnetttorney In -Fact and Florida Resident Agent 5900 N. Andrews Avenue, # 300 (Address: Street) *Pt. Lauderdale,' FL 33309 (City/State/Zip) Telephone No.: 954-776-2222 March 2004 City of Miami Beach opyAphl 0 2 4 7!u Caain Graq Page 67 Project Manual Bond No. 4175327 00720 FORM or PAYMENT BOND BY THIS BOND, We Carivon Construction Company as Principal, hereinafter called CONTRACTOR, and InsurancerCocmooari, as Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of Initial Two Million Dollars ($2,000,000) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly end severally, WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: 14-03/04 awarded the ` 1st day of HELY 20 04 with CITY which Contract Documents ere by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND Is that if CONTRACTOR: 1. Pays CITY all losses, liquidated damages, expenses, costs and attorneys fees including appellate proceedings,rt pI7,Y sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or Indirectly by CONTRACTOR in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR and who has; inQt, received payment for Its labor. materials, or supplies shall, wiit jrt.,fQrty-five (45) days after beginning to furnish labor, materiel$,, or;supplfas for the prosecution of the work, furnish to CONTRACTOR a notice that he intends to look to the bond for protection. 2.2, A claimant who Is not in privity with CONTRACTOR and who hes not received payment for its labor, materiels, or supplies shali, within ninety (90) days after performance of the labor or after complete Page 68 City of Miami Beach eapN�a7a a eco4 The Gwdim Grasp March 2004 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 witi). the Notice and Time Limitations provisions prescribed In Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance;; grL.inorlcompliance with any formalities connected with the Contract or the changes` does not affect the Surety's obligation under this Bond. Signed and sealed this ' Sth clay of June , 20 04 WITNESSES: ()\q thirez (S cretary) (CORPORATE SEAL) IN THE PRESENCE OF: March 2004 •I Carivon Construction C Name of C ' . tion) "inc. (Signature and Title) ype NameiTi le Signed Ab 1hSU re. By CE - O -rya anc Company A. ent and Attorney -in -Fast and Florida Michael Bone ...i Bonet Resident Agent •.',mf5900 N. Andrews Avenue, 1/ 300 (Address: Street) Ft. Lauderdale, FL 33309 (City/State/Zip) Telephone No.: 954-776-2222 City of Miami Beach eaprigh 0 tC ' lh. 6osikn Orbs Page 69 My 0° :o�'.gxPlre Project Manual 00721 CERTIFIC TE AS TO CORPORATE PRINCIPAL I, ir-► l„A A OC): •••. , certify that 1 am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); thatejlAt-, ve? who signed the Bond(s)-on behalf of the Principal, was then \i. 2 • 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. STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) (Seal) as Secretary of iC «Itr k-A NM • (Name of Corporation) (SEAL) Before me, a Notary Public duly commissioned, qualified and acting personally. appeared IJDnk K1 ! to me well known, who being by me first duly swom upon oath .sa s' 1:41, 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 CO 0 day of ( , 20 V`1' i\iiwa r l le' + , . ,y MELBA E. SANCHEZ ► Notary Public, State of + etc Mk ►E M - Slits YV1 Florida at Large + ^7., /'' commission s AC12Q 711 I .... 8ptjiiionolNagyAwn. 1 :: ._. p i '. by Page 70 City of Miami Beach March 2004 eopyr3O' 0 233.1 ThGamin Gra* 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 fixture 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. 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 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® Administrative Office: 580 WALNUT STREET • 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. 017672 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 dike State odOhio. does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney in -taxi, for it and in its name, place and stead to execute in behalf ol'the said Company, as surety. any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below, Narne MICHAEL A. HOLMES GERALD J. ARCH MICHAEL BONET Address Limit of Power ALL OF ALL FT. LAUDERDALE, FLORIDA UNLIMITED This Power of Attorney revokes ail previous powers issued in behalf of the altorncy(s)-in-fact noted above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appmprinte officers and its corporate seal hereunto affixed this 3IST day of JANUARY 2003 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DOUGLAS n.BOWEN(ata•ase-ssrtI On this 3IST day of JANUARY. 2003 , before me personally appeared DOUGLAS R. BOWEN, to me 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 Carat American Insurance Company, the Company described in and which executed the above instrument: that he knows the seul of the said Company; that the seal affixed lathe said instrument is such eagrorute seal; that it was so affixed by authority of his office under the By -Laws of said Company. and that he signed his name thereto by like authority. •; rij•,UI• .� This Power M' 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 Murch 1. 1993. RESOLVED: -!'het the Division President, the several Division Wee Prrsiderrta uud Assis&ms lire Pnrsialents. or any one of them. be and hereby ix atthorirerl, farm time st time to appoint one or moor Auarsreys•in-Fire: to eretme on behaff t the Company. as ,surety. any and all bonds. wwkrtakings and conunt,x of stuer ship. or other n rittat obligations in the nrinim. thereof: so prescribe their respective duties and the respective !mails of their authority: and to revoke any such appointment at any time. RESOLVED FURTHER: that the Company .seal and thy signature 1,1 f any of the rfostrsaid (Arm and any Secretary or Assistant Secretary ref the Contpan y may be affixed by facabnile to any power of attorney or re,1 ficaw of either gi yen for the execution ution of any hand, undertaking. contract or suretyship. or other written obligation in she notate theter f such signururtr turd seal when so used being hereby adopted by the Company as the original slgrmtun, of. such officer and the original seal of the Compantx to be valid and binding uluua the C root ivy with thy sarne.Jinre and Oka as though manually affixed. CERTIFICATION 1, RONALD C. HAYES. Assistant Secretary of Great American Insurance Company. do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in Lull force and effect. Signed and sealed this 8th dry of June 2004 S iO29l (t1resl ry •1• • Project Manual . 00708 FORM CERTIFICATE OF INSURANCE JNSURANCE CHECK LIST Workers' Compensation and Employers 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). '2= 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. 5. The City must be named as and additional Insured on the liability policies; and it must be stated on the certificate, .,6. Other Insurance as Indicated: �., Builders Risk completed value $ .00 Liquor Liability $ ti00 „ Fire Legal Liability $ .00 Protection and indemnity $ ,00 Employee Dishonesty Bond $ ,00 XXX Professional Liability . $ .m,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, Co(‘.- Contractor Page 64. /4/..‘ Signature of Contractor City of Miami Beach copyright 11C44 te» Gomm Qroyo March 2004 ACORD. CERTIFICATE OF LIABILITY INSURANCE PRODUCER Brown & Brown, Inc. 5900 N. Andrews Ave. #300 P.O. Box 5727 Ft. Lauderdale FL 33310-5727 Phones954-776-2222 Faxi954-776-4446 INSURED DATE IMMf0D,YYYY) 06/00/04 THISCERTIFICATE 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 SY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE cARIV-a 8 NAIC N T]r. }�oB . Won131 Avonu.Company M ami FL j3186 COVERAGES _INSURER A: Acme Lime* Z .,,Teece Company INSURER B: INSURER C: INSURER OI INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NDTWITHETAHDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISIUEO 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. IN5R L7R NSRL A A A ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? II yµ daacrlbe under SPECIAL PROVISIONS below TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ix l j i I LOC AUTOMOBILE LABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON•OW NED AUTOS GARAGE LABILITY RANY AUTO EXCESS/UMBRELLA LLAEILR'Y OCCUR n CLAIMS MADE RDEDUCTIBLE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LASILITY OTHER A Owners & Contractors Policy POLICY NUMBER CPP13026501002 CA20135420102 WC20083630101 GL2006887000000 WAND? MIDOD? 04/01/04 04/01/04 04/01/04 02/15/03 aR AVD AT N 04/01/03 04/01/05 04/01/05 LIMITS EACH OCCURRENCE LawMami PREMISER(Eaa oceurlcuplp} r s1000000 MED EXP (Any arse person) $ 50000 15000 PERSONAL i AOV INJURY $1000000 GENERAL AGGREGATE PRODUCTS -COMP/OP AGO s2000000 s2000000 COMBINED SINGLE LIMIT (Es ■ccldenl) $1,000,000 BODILY INJURY (Per person) S BODILY INJURY {Per acclaim') i PROPERTY DAMAGE (Per Pcddenl) AUTO ONLY • EA ACCIDENT $ i OTHER7HAN AUTO ONLY: EACH OCCURRENCE FA ACC AGO S i $ AGGREGATE 1 1 $ cTORY LI I i E.L. EACH ACCIDENT °ER 1 1 500000 E.L. DISEASE • EA EMPLOYEE $ 500000 E.L. DISEASE • POLICY LIMIT s 500000 Bach Occ. 500,000 Aggregate 500,000 07/01/04 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT $ SPECIAL PROVISIONS City of Miami Beach is listed as additional insured in respects to the General Liability in regards to 17ob order Contracts Capital Improvements Projects, Bid #114-03/04 CERTIFICATE HOLDER CANCELLATION CITY OF City of Miami Beach Risk Management 2700 Convention Center Drive Miami Beach FL 33139 WORD 25 (2001105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOR RES TIME 49 ACORD CORPORATION 1988 ,) FROM JLN-10-MEW 18:58 �1(VIA` 11 1,_)1-('\\ 11 { :BONDS Mrs.. Ivonne Mum Carlvon Construction Company 12171S.W,131Avenue Miami, FL 33186 Re: City of Miami Beach Job Order Contract • Capital Improvements Project Dear Ivonne: (FRI)JUN 11 2004 8:46/ST• 8:45/N0,6321041006 P 2 P.etiel Nonni d& Bro 5900 N. Andrtem Avenue, Suitt 300 (Zip: 3 RO. Sox Feet Lauderdale, PI.3331 954l7764222 • FAX 9S4n72 statewide )4o0'3390 s yI g It is my understanding that Professional Liability Insurance may be required for the above referenced project. This coverage is available for contractors such as Carivon Construction Company. to offer the necessary coverage for your firm. Please contact Here with any question or comments you may have. ds, own & Brown insurance, Inc. Mi Bonet Vice P sident f. • If and when the professional liability exposbecomes present, we will be in a position 1 ure i• it 4 • Tnva . ProjectManualr ' 00735 • PERFORMANCE AND PAYMENT GUARANTY FORM uNCONDI11014AL LETtER OF CREbiT: Date of Issue . issuing flank's No. . . flehtficjary: • AoDlicertt; . City cif Miami reach Amount: 1700 Convention Center•lDrive .in United States Funds Miami Beach, Florida 33139 ' • Expiry: . (Date) BId/Cor►trect•Number. We hereby 'authorize you to draw on (Bank, Issuer •name) by order of and (branch address) . for the account of (contractor, applloant, customer) agreed • upon by 'and between the ' City • of •Miami leach.' F'Iorida and _ up . to an • aggregate (contractor), amount, in United States Funds, of at sight, accompanied by: available by your drafts A signed' statement from the City Manager or his authorized designee, that the drawing Is due to•default €n performance of certain obligations on the part, . (contractor, .applicant, customer) pursuant to the (applicant, customer) Bid/Contract No.• . for (neme of project) and Section 255.05, Florida Statutes. March 2004 City of Miami Beach °upMght o 2034 sr„ Gin%) Group Page 71 • • Project Manual Drafts mutt be' drawn"and negotlated 'not "Iater 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'all .be renewea'`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 externoed, which 'notice must be provided et least thirty . (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credlt will expire prior to • • .performance of the contractor's obligations will be deemed a default. Thts totter of Credit sets- forth in full 'the terms of our undertaking, :and such ...undertaking shall not in any way be .modified, or amplified by reference to •any :documents, instrument, or agreement referred to herein or to which this Letter of Credit Is referred or this Letter of Credit relates, and any such reference shall not be • deemed to incorporate herein by reference any document, Instrument, or agreement. .We hereby 'agree with the' drawers, endorsers, and bona fide- holder's 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 imriderthis Letter of Credit shall be•reieased one (1) year after the• •Final Completion of the Project by the .• . . • . . „ . . (contractor, applicant, customer) . This Credit Is -subject • to the -"Uniforrri Customs and • Practice for Doournentar'y Credits," International Chamber of Commerce (1993 revision), Publication No. 500 'end 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 0 2C04 Th. Gordian Group • . • . . ' Project Manual • • 00800 GENERAL CONDITIONS • 1, Project tvianueil: • 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 partsof the Contract Documents shall be as folloWs: A. • Pitied Manual, Volume I • R. Addenda, if any • •C. Plane and Drawings, if any D; COnstrUCtion Ter& Catalog,•VolUine 11 • E. Standard Specification orthe City, State or FedeaI Government, If any F. Thei job Order . G. " TeiChnical SPeCificatIon, Volume III H. • Proposal and Acceptance Forms • .• .1. Invitationto Bid J: • Bonds ' K. ;Insurance 1.3. The Pitied Manual Inoludes any general and ,J0C Supplemental •• Contract conditions or specifications attached hereto. 1.4. . • The Project Manual, along •with all ObcuMerits • that Make" up arid • .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. . Dimensions 'Oven In 'figures' 'are • tO hold -preference over 'ectiled 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 futniehed, free of tharge,•Ohe 'paper' (1) copy cif .• 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 Miaml Beach Page 73 copyright 2004 1114 Gordlin Gip Project Manual Bond shall be with a surety company which Is qualified pursuant to Article 5. 4.2. Each'Bond shell 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-prepriced task with no mark ups from the contractor. 4.3. Pursuant .to the requirements of Section 255.05(1)(a), .Florida. Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above Shall be recorded in the public records of Miami -Dade County 'and provide City with evidence of such recording. 4.4. Alternate Form •of Security:' In lieu. of a Performance '.Bond and a Payment Bond, -CONTRACTOR may furnish alternate forms of security which may be in the form of cash, money order; certified check, cashier's check or unconditional letter of credit In the form attached hereto as- Form 00735. Such alternate forms of security shall be subject to the prior'approval of CITY and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by CITY for one year after completion and acceptance of the Work. Qualification of Surety: 5.1. • Bid Bonds, Performance 'Bonds and Payment Bonds over Five . Hundred Thousand Dollars ($500,000.00): 5.1.1. Each 'bond •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 Page 75 copy/IV O sow Ins Goya 1 soup Project Manual Program Manager 'authorized representatives. Additional •copies of the Project Manual may be obtalned from City at the cost of reproduction. Intention -Of City: .2.1. , it is' 'the -intent of City to describe in the Contract Docurftents 'a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all • codes and rogulatlont 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 weft -known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, . or • codes of any technical society, organization or association, or to the laws or regulation's of any governmental authority,•whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations 'in effect at'the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. .FPrelimin'ary Matters: . . 3.1. • At a time specified by the City and or Program • Manager but `before Contractor starts the work at the Job Order site, a conference attended by Contractor,.Cityand or Program Manager and others as deemed appropriate by Contract Administrator, will be held to discuss the schedule, Shop Drawings other submittals, safety, site access and other issues as required to establish a clear understanding of the construction operations. • 'Performance Bond and .Payment Bond: Within fifteen (15)'calendar days of being notified of the award, Contractor shall furnish a 'Performance .Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. • 4.1: • Each Bond *shall be In the amount of 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 etnployed pursuant to this Project. Each • 'Page 74 City of Miami Beach March 2004 copyrightO2034ThsGoniknG,c • ProjectManual Circular 570, 'Current Revisions Ifi 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 betterfor 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 Categojy 500,001 t0 1,000,000 i B+ Class I 1,000,001 to 2,000,0001 • 1+ Class II 2,000,001 to 5,000,000 A Class ill 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 Vil 6.. • Indemnification: • 6.1. CONTRACTOR shall indemnifyand 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 xhe performance of this Agreement. • Page 76 City of Miami Beach wpdiphl O ➢ O4 The Giardini Q' up March 2004 .ProJect 'Manual Except es specifically •provided herein, This Agreement • does not require CONTRACTOR to Indemnify CITY, Its employees, officers, directors, or agents from any liability, damage, lots, claim, talon, or Proceeding. These indernniftcatlons shall survive the term of thls 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 10 and through'8ppellate, supplemental or bankruptcy proceeding, or to provide for such defense, at CITY's option, any and all claims of llabllity and all sults 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 utillzed by CONTRACTOR. • 7. Insurance Requirements: • 7.1. Without limiting any of the other . obligations or liabilities • of ' CONTRACTOR, CONTRACTOR shall provide, pay for,. and maintain In force until all of Its work to be performed under this Contract has been completed and accepted by CITY (or for such duration es Is otherwise specified hereinafter), the insurance coverages set forth herein. • • • 7.1.1. '. Workers' •Compennsation • insurance ,to apply for 'all employees In compliance with the "Workers' Compensation .Law" of the State of Florida and all applicable federal laws. In addition, the policy(les) must include: Employers' Liability with a limit of $500:000 each. • . accident. 7.1.1.2. If arty 6peratlonsare'to"be-undertaken on or about navigable waters, coverage must be included for the V.S. Longshoremen & Harbor Workers Act and Jones Act. • 7.1.2. Comprehensive General Liability with ' minimum limits of $1,000,000 ($1,000,000) per occurrence combined single limit for Bodily !Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services 'Office, 'and must Include: March 2004 City of Miami Beach eovyrlyh $ ON The Gortlln Group Page 77 • Project Manual 7.1.2.1. Premises and/or Operations. 7.1.2.2. independent Contractors. 7.1.2.3. Products : and/orCompleted 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 Forrn Property Damage. 7.1.2:4. Explosion, Collapse and Underground Coverages. .7.1.2.5.' broad Form 'Property Damage. 7.1.2.6. Broad Forrh I Contractual 'Coverage applicable to • this specific Contract, Including any hold harmless . and/or Indemnification agreement. 7.1.2.7.. Personal :InJii'ry Coverage with • Employee and Contractual Exclusions removed, with minimum • limits of coverage equal to those :required for Bodily Injury' Liability and Property Damage Liability. 7.1.2.8. CITY Is to tie expressly Included' as an Additional Insured with respect to liability arising out of operations performed for CITY by or on behalf of CONTRACTOR or ..acts or omissions of CONTRACTOR in • connection with general supervision of such operation. • 7.1.3. Business Automobile` Liability with•rnlniMum limits of One Million ($1,000,000) per occurrence, combined single limit .for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive • than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services .Office and must include: 7.1.3.1. Owned Vehicles. . 7.1.3.2. Hired and Nan -Owned Vehicles. 7.1.3.3. -Employers` Non=Ownership. 72. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. • Page 78 City of Miami Beach coarkhl 02004 The Q«Cin Gaup March 2004 Project Manual 7.3. Notice of Cancellation and/or Restriction -The policy(les) must be endorsed to provide CITY With 'at least thirty (30) days notice of cancellation and/or restriction. Y 7.4. CONTRACTOR shall furnish to the CITY's Risk Manager Cerrtificetes 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 Ownsr is':the 'CITY of Miami Beach, Florida. This official title shall be used in all insurance documentation. 7.6. Addltibnal or Replacement Bond: it is further mutuelly 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, et its expense within live (5) days after the receipt of notice from the CITY to do so, furnish an additional or replacement bond or bonds in such form, amount, and with such surety or sureties as shall be satisfactory to the CITY. There shall be no lapse In surety coverage • and failure to do so shall be a material breach of this Contract. In such event, no further payments to the Contractor shall be deemed to be due•.under this Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Board. 7.7. • Professional Liability Insurance: If the scope of work of this contract; as determined by individual Work Orders, includes professional services which require signed and sealed documents, then the Contractor at that point shall provide evidence of Professional Liability Insurance from the' Architect/Engineer of record with policy limits no Tess than $250,000 per claim. Evidence of said Professional Liability insurance shall be submitted to the CITY prior to the commencement of the professional service. • 8.. Labor and Materials: 8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay for all materials, labor, water, .tools, equipment, Tight, power, transportation .and other •facilities and services necessary for the proper execution and completion of the Work, whether temporary or :March 2004 City of Miami Beach • Page 79 copyrlphl • 2064 Zh. Gordian Omup • ProJeet Manual permanent and whether or not Incorporated or to be incorporated in' the Work. . • 8.2. • CONTRACTOR shall at all Mimes 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 theyere assigned. 9. Royaltiesand Patents: • 9.1. . All fees, royalties, and •-ciairris 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 delays caused by the effects of inclement weather shall be submitted as a request for a change In the Contract Time pursuant to Article 39. These time extensions are Justlfied only when rains or other inclement weather conditions or related adverse soli conditions prevent CONTRACTOR from productively performing •controlling Items of work Identified on the accepted schedule or updates resulting in: • +10.1.1. CONTRACTOR bein6 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 .rnaJor repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform .or neglect by :CONTRACTOR, arid 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 p►ovlded 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 Miaml Beach copyright • 2O 4 mi Qo *I Group March 2004 :Project Manual priced task with no marked=ups. The Cost far obtaining' the Permits is to be included In the Contra'ctor'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 MiamiDade County "shall be paid by CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual amount of the impact fee. levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality and submitted to CITY as a. non pre -priced task. Reimbursement to CONTRACTOR in no event shall Include profit or overhead of CONTRACTOR. 12. ..Resolution.of Disputes: -12.1. TO. prevent all :disputes.:and It Is agreed by the parties 'hereto that the CITY shall decide all questions, claims, difficultles 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 end value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, :the Contract Documents end 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 this .Article Is unacceptable to either party hereto, the party objecting to the March 2004 City of Miami Beach copyright O 2034 7iw Gorden (croup Page 81 • .Project Manual• determination must nofify. the Other party In writing Within 'ten . (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed Is the entire adjustment to which the objecting party has' reason to believe it is entitled to as a result .of the determination. • ;Within sixty (60) days after Final Completion of the Work, the .parties shall participate In mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the :parties. Should any objection not .be resolved in Mediation, the parties retain all their legal rights . and remedies provided under State law. A patty objecting to a • determination specifically waives ail 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 ar. Program . Manager shall at all times. have access to the Work, and CONTRACTOR shall provide proper facilities for such access and for Inspecting, measuring and testing. 13.1.1. . • Should the Contract' Documents, CITY and or Program • Manager instructions; any laws, ordinances; or any public authority require any of the Work to be specially tested or approved, CONTRACTOR shall give CITY and or Program Manager timely notice of readiness of the Work for testing. If the testing or approval is to be •made by an authority 'other than CITY, • timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, . and, where practicable, at the source of supply. If any of the Work should be covered • up without approval or consent of CITY and or Program Manager, It must, If • • required by CITY and or Program Manager, be uncovered for examination and properly restored at Contractor's expense. 13.1.2. 'Re-examination of any of the Work may be ordered by the CITY and or Program Manager with prior written approval . by the Contract Adfiiinistrator, 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 age 82 City of Miami Beach aopvnohI o 9004 TM Goldin, Group 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 farm, 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 b'e'given through Program'' Manager, Which instructions are to be .strictly and promptly followed in every case. CONTRACTOR shall keep on the Protect 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 10 be in its employ, The superintendent shall represent CONTRACTOR and all directions given to the superintendent shall be as binding.as if given to CONTRACTOR and will be confirmed in wrIting••by the CITY and or Program Manager upon the written request of CONTRACTOR. CONTRACTOR shall give efficient supervision to the Work, using its best skill and • attention. The CONTRACTOR .shall keep on the Work the Superintendent at all times during .the working .hours. The Superintendent shall be reachable 24 hours •.a day, seven days a week. If the Superintendent Is not available because of illness or vacation or the like, the CONTRACTOR shall notify the CITY of the . substitute Superintendent, • 14.2. Daily; .CONTRACTOR'S superintendent shall record; at a 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 • cop O 2G 4 The Gordian 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 court}e 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 commentsthereto of each such meeting. , . 14.4. •If CONTRACTOR, in the course •of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical . conditions of the locality, orany errors,•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 • discovety, until authorized, . will be done at CONTRACTOR's sole risk. 14.5. CONTRACTOR shall supervise'arid 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 IDocurnents. 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 falls 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 es defective and unsuitable, or shall discontinue the prosecution of the :Work pursuant to the accepted schedule or if CONTRACTOR shall fail' to perform any material term set 'forth :In —the Contract Documents or If CONTRACTOR' shall •become insolvent or be declared bankrupt, or Commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors* or from any other cause whatsoever shell not carry on ,the Work In an acceptable manner, Contract Administrator may give notice in writing to CONTRACTOR and Its Surety of such delay, neglect or default, specifying the same. if CONTRACTOR, within a period of five (5) calendar days after such Page 84 City of Miami Beach March 2004 wpydpht$ 200411w Oordt.n droup .1 Project Manual notice, shall not proceed' In accordance therewith', then CITY may upon written certificate from Program Manager of the fact of such delay, neglect or default and CONTRACTOR's failure to comply with such notice, terminate ;the services . of CONTRACTOR, exclude CONTRACTOR from the Project site and take the prosecution of the Work out of the hands of CONTRACTOR, and appropriate or use any or all materials and equipment on the Project site as may be suitable 'and acceptable. In such case, CONTRACTOR shall not be entitled 'to receive any further paymont until the Project is completed. In addition CITY may enter Into an agreement for the completion of the Project according 10 the terms and provisions of the Contract Documents, or use such other methods • as In CITY's sole opinion shall be required for the cbinpletion of the Project according to the terms and provislons of the:Contract Documents, or use such other Methods as in CITY's ° sole opinion .shall be required for the Completion of the Project 'In an acceptable manner. All damages, costs and charges 'incurred 'by CITY, together with the costs of completing the Project, shall be deducted from any monies due or Which may become due to :CONTRACTOR. in case the damages 'and expenses so incurred by CITY shall exceed -the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. 15.2. • if after ntitice of termination of CONTRACTOR's' right'to proceed, it Is determined for any reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the Same as if the notice of termination had been Issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 • below. 15,3. This Contract may be terminated for 'convenience in writing by CITY upon ten (10) days written notice to CONTRACTOR (delivered by certified mail, return receipt requested)of intent 10 terminate and the date on which such termination becomes effective. In such case, CONTRACTOR shall 'be .paid for all work executed and expenses Incurred prior to termination in addition to termination settlement ,.costs reasonably. incurred . by CONTRACTOR relating to . commitments which • had become firm prior to the termination. Payment shall include reasonable • profit 'for . work/services satisfactorily performed. • No payment shall be made for profit for work/services which have not been performed. 15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, CONTRACTOR shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver March 2004 • City of Miami Beach Page 85 ooarroh+a taw rn. Orseilivi Group Project' Manual Or otherwise 'make available to CITY all data, drawings; specifications, reports,' . estimates,.. summarle's and such other • Information as may have been •required by the Contract Documents ..whether completed or in pracess.• . • 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 th'e same. If CITY and or Program • .Manager (where applicable), within a period 'of ten (10) calendar days •after such 'notice shall not rerfie'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 payment for all work 'executed ' and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by CITY to an • Application for Payment shall be submitted to Contract Administrator in accordance with the provisions of Article 12 hereof. 17. . Assignment: 17.1.. Neither party hereto shall a$sltin the Centract or any subcontrabt in whole or in part without the written consent of the other, •nor shall :CONTRACTOR assign any monies due or to become due to It • hereunder, without the prevlous 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 Adrhinistrator.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 .bourse 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 86 City of Miami Beach copyright • CON The Oorglrr Group March 2004 Project Manual ' encountered and generally ° rebognlzed as inherent in work of the character called for in•the Contract Documents; or unknown •physical conditions of the Project site, of an unusual nature, which differ ;Materially from that ordinarily encountered and generally recognized 'as inherent In work of the character called for In the Contract Documents, CONTRACTOR, Without disturbing the conditions and before performing any work affected by such' conditions, shalt, within twenty-four (24) hours of their discovery, notify CITY and or Program Manager in writing of the existence of the aforesaid conditions. CITY and or Program Manager shall, within two (2) business days 'after receipt of Contractor's written notice, Investigate .the site condltions 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 lime 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 adJustrnent 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. 10.2. NO request by CONTRACTOR' for 'an 'equitable adjustment to the Contract under this provislonshall 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 • . 10 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 Prograrn 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 prooeeds,: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 copyright • MN Thy Qadlvi Sharp Project Manual' .betWeen the written and. graphic .portions" of the Detailed Scope of • Work, the written portion shall govern. • ' 21, CONTRACTOR to Check Plans, Specifications and Data: , 21.1: CONTRACTOR Shall verifyall dimensions, quantities and details shown on the plans, specificationi or other data received from CITY .- and or Program Manager, and shall notify CITY and or Program • Manager of all errors, omissions and .discrepanciesfound therein • within three .(3) calendar days of discovery. CONTRACTOR will not • be allowed to take advantage Of any error, omission or discrepancy, as full Instructions will be furnished by the CITY and or Program • Manager. CONTRACTOR shall not be liable for damages resulting from wors,. omissions. or discrepancies. In the -Contract Documents • 'Unless CONTRACTOR recognized such- . error, omission or discrepancy and knowingly•falled to report It to the CITY and Or Program Manager. . ; . . • • 22; CONTRACTOR's Resporisibilifyfor baniages and Accidents:. • 22.1. • CONTRACTOR shall accept full responsibility forte 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 Materiaii, equiPmentand . supplies pertaining to the Projedt. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior . to final acceptance by CITY, CONTRACTOR shall replace same • .• without cost to CITY, except as provided in Article 29.. • ' •• 23; Warranty: . 23.1. CONTRACTOR Warrants to CITY that all Materials 'end 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. Ali work • . not conforming to these requirements, Including substitutions not 'properly approved and authorized, may be considered defective. If • required by CITY and or Program Manager,. CONTRACTOR shall • furnish satisfactory evidence • as to the kind and quality of materials• •• and equipment. • .23.2. All' Work furnished under this Contract shell 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 . . • .• • • Page 88 city of Miami Beach March 2004 copyrIght It 2004 Thy Govillon Prow •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 lnclude`the name of the project as designated in the .Job Order, be signed by an officer of the company having authority to provide. the warranty; and state: "This document serves as a one (1) year written guarantee for the work performed, and .material and equipment • installed on the above referenced Work Order. This guarantee incorporates .all provisions of the Contract Documents that refer or relate to the guarantee. This guarantee is commenced on the final acceptance date." • 23.4. During the :guarantee period, the Contra'ctar shall repair' and replace al his own expense, when so ordered by the CITY, all work that may develop defects whether these defects may be .Inherent in the equipment or materials, In the functioning of the piece of equipment, 'Or in the functioning and operation of pieces of equipment operating together as a functional unit. Any equipment or material which Is repaired or replaced shall have the guarantee period extended for a period of one year from the date of the last repair or replacement. 24. Supplementary •Drawings: 24.1. When; In the opinion of the CITY and or Program Manager, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, pr 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 ScopeOf Work, 24.2. The supplementary drawings shall be binding' upon CONTRACTOR with the same force as the Project Manual. Where such supplementary drawings require -either -less or more than the original Detailed Scope of Work, appropriate adjustments shall be made by issuance of an a Job Order along with the required documentation. . 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 Miaml Beach copr+7hi 0 zaw Ihe timber, Group Page 89 Pitied Manual of such removal or corrections including cost of testing laboratories and personnel. 25.2. Should CONTRACTOR fall of 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 declare -CONTRACTOR In default. 25.3. If. Within one (i) year after the date 'Of substantial Completion or such longer period of time as may be prescribed by the terms of any -applicable special warranty required by the Contract Documents, or . by any specific provision of the Contract Documents, any of the Work . Is found to be defective or n'ot In accordance with the Contract Documents, CONTRACTOR,sifter .receipt of written notice from CITY, shall promptly correct sdch defective or nonconforming Work .within the time specified by CITY without cost to CITY, to do so. •Nothing contained herein shall be construed to establish a period of .limitation with respect to any other obligation which CONTRACTOR Might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. 25.4. Failure to reject any defective work or material shelf' not' in any way :prevent later rejection when such defect Is .discovered, or obligate CITY to final acceptance. 26. Taxes: 28.1. CONTRACTOR Shall pay 'ail eppiicable sales, :cor►sumer, 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 shell 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 SO City of Miami Beach Wpyrlphl 0 2004 Thu GwQ n Group March 2004 Project Manual required to employ any subcontractor against whom CONTRACTOR has a reasonable objection. ; . • 27.2. CONTRACTOR shall be •fully responsible for all acts and omissions of its subcontractors and of persons directly or Indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that CONTRACTOR Is responsible for the • acts and omissions of persons directly employed by it. Nothing in the •Contract Documents .shall' create .any contractual relationship between any subcontractor and CITY ar•anyobligation on the part of CITY to pay or to see the payment of any monies due any subcontractor. CITY and or Program Manager may furnish to any subcontractor . evidence .of amounts paid to CONTRACTOR on • account of specific work performed. • 27.3. CONTRACTOR agreesto bind spedlflca'lly every•subcontractorto 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• ahail perform the Work with its own organization, amounting to not less 30% of the Contract : Price. For Contracts • 14-03/04 Capital Improvements Projects 'and 13, 43/04 City Wide, CONTRACTOR shall perform the Work with Ha •own organization, amounting to not less than 10% of the Contract Price; The participation will be an accumulative participation over the contract. 27.5 Execution of•Subcontracts: • 27.5.1. Th'e'Contractor shall provide with each Job Order' Price Proposal a list .of proposed subcontractors and type of work being .performed. This list shall be provided on a form 'provided by CITY. • • 27,5.2. The Contractor. snail riot Commit to or finalize subcontracts With any subcontractors until receipt of approval of each subcontractor and receipt of a Job Order by the CITY. No subcontractor shall be used that Is excluded from Federal, State or CITY of Miami Beach procurement programs nor those who have been debarred -or otherwise excluded from •the CITY procurement system. 27.5.3: Upon receipt : of a Job • Order, • the Contractor shall immediately enter. Into ,each .approved subcontract, and thereafter shall neither terminate any such subcontract nor reduce the scope of the work to be •peiformed by, or • ' March 2004 City of Miami Beach copyright 0 7004 The Gadlen Grasp Page 91 Project Manual decrease the price to . be .paid to the 'subcontractor thereunder without prior notification to CITY, • • 27.5.4, If the CITY rejects any sub contractor or architectural and engineering firm ptaposed, it is hereby agreed that the rejection will not be jhe basis for' an increase' in' the Job Order Price Proposal. 27.6. Procedure for Changing Listed Subcontractors: • A subcontractor may be 'changed only subsequent to' notiflCation 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 Contraor shall •givehis/her *Bohai al attention ctinstaritlyto 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 SUbcontrectOr ..elecit to stibcb'ritrect'any portion'of its •subcontract, the proposed sub -Subcontract shell be submitted in the . •tame manner as directed above. • • 27.9. Wherever the word •Subcontractor appears;. It also means sub- ' Subcontractor. • 27.10... Nor' .Subcontractor �.shsll 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 contalned in this Contract. 27.12. The Contractor shall pay -aii.S'ubcontrectors 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. City of Miami Beach cop3+ly i 0 2004 nN Gordan Group March 2004 L " project Manual 27.13. .The . CITY's • ipproval of a Subcontract& shall 4not : relieve • the Contractor of .any of: Its :responsibilities, -duties and liabilities hereunder. The Contractor shall be solely responsible to -the CITY for the acts, ornissions or defaults of Its Subcontractor and of such Subcontractor's officers, •agents and employees, each of whom shall, for this purpose, be deemed to be the agent or employee .of the . Contractor to the extent of its subcontract. :27.14. • The Contractor shall 'Ceuta appropriate provisldn to be Inser1ed in all •subcontracts relative to .the work to require compliance by each subcontractor with the applicable provisions . contained in the .Contract. . 27.15. Nothing :Contained in . the contract docurnen'ts shall .create any contractual relation betweenany subcontractor enclitic, CITY. • 27:16. No• Subcontractor shall be permitted to perform Work at the Site until • - • it hes furnished satisfactory evidence of Insurance as required by the • CITY. .27.17. The 'Contractor shall promptly, upon 'request, file with the CITY a . conformed copy of any subcontract. • 27.18. • Contractor Liable end'R'espdnsible To CITY: 27.18.1. The. Contractor :shall be held liable by • CITY • for *the performance of all the wbrk provided for under this Contract. These 'Specifications make no attempt to fix the scope of : the work of the subcontractors or the responsibility -of i any .subh subcontractors, , It • .being understood that the Contractor shall fix the scope •.of all work and responsibilities of the subcontractors. 27.18.2. The •Contractor's use of Subcontractors shall not diminish the Contractor's loblIgations to complete the .Work In 'accordance with the Contract. The contractor shall not be released from any part of his/her liabilities or obligations under his/her contract should any subcontractor fall to perform .in a satisfactory manner the work undertaken by him. The Contractor shall control and coordinate.the Work Of its Subcontractors. 27.18.3. Any disputes which .may arise �in this connection • between the Contractor and any subcontractor must be settled between the parties concerned. CITY will not undertake or •be in any way responsible for the settlement of such disputes. March 2004 City of Miami Beach orpyrlphl O MN m. Gordlon Group Page 93 •• Project'Manuai • ' ' 28. • Separate Contracts: 281. •CITY reserves the'right to• let'other contracts In COnnectiorl'With this Project. CONTRACTOR shall afford other persons reasonable opportunity for the Introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. • • - • 28.2. , If any'parf of CONTRACTOF 's•Work depends for praperexecutlon or results upon the work of any .other persons, .CONTRACTOR shall inspect and promptly report to' the CITY and Or Program Manager any defects In such work that render It unsuitable for such proper execution and results. CONTRACTOR'S failure to so Inspect and report shall constitute an acceptance of the' other person's' work as lit and proper for the reception of CONTRACTOR's Work, except as to defects which may develop In other contractor's* work after the • executlon.of CONTRACTOR's. ,28.3. 'CONTRACTOR shall'conduct Its'operations ind take all reasonable steps to coordinate' the prosecution of the Work so as to create no interference or Impact on any Other contractor on .the site. Should such Interference or impact occur, CONTRACTOR shall be liable to `the affected contractor for the cost of such Interference or impact. 28.4. • To inSure.the proper eicecutlon'of subsequent work, :CONTRACTOR shall Inspect the work already In place and shall at once report to the CITY and or Program Manager any discrepancy between the • • :executed work and the requirements of the Contract Documents. 29. Use of Con'ipieted Portions: 29.1. CITY shall have the right at Its Odle option totake possession of and Use .any completed or partially completed portions of the .Project. 'Such possession and use shall not be deemed an acceptance'of any of the Work not .completed in accordance with the Contract Documents. If such possession' and use increases the cost of or delays the Work, CONTRACTOR shall be entitled to reasonable extra compensation; or reasonable extension of time or both, as recommended by Program Manager and or CITY., 29.2. In the .avert 'CITY' takes -possession of any' completed or partially ' completed portions of the Project, the following shell occur: 29:21. CITY shall give :rlbtice to.CONTRACTOR.in writing at least thirty (30) calendar :days prlor to CITY's Intended occupancy of a designated area. City of Miami Beach oopyrigtt 0 2004 T!M Sonirn amp March 2004 Project Manual 29.2.2. CONTRACTOR hall cOMplete to the point •of Substantial Completion the designated area and •request inspection . and Issuance of a' Certificate of Substantial Completion in the form attached hereto as 00925 from the CITY and or Program Manager'. •• • 29.2.3; .Upon .CITY's lssuonce of a Certificate of Substantial • . Completion, CITY will • lassume full responslbility for Maintenance, utilities, subsequent'damages of CITY and :public, adjustment of Insurance coverages end start of warranty for the occupled area. 29.2.4. CONTRACTOR Sall .60 riplete all items nOted on the Certificate of SUbstantial Completion . within the time specified by the. pin' and or Program •Manager on the Certificate .of Sub'$tantial Completion, as soon as possible and request final Inspection ,and final acceptance of the portion of the Work occupied. Upon completion • of final inspection 'and 'receipt of an application for final payment, the CITY and or Program Manager shall issue a Final Certificate of Payment relative 'to the occupied area. 29.2.5. If CITY finds: it hecossary'to 'occupy or use a :portion or portions of the Work prior to .Substantial Completlon thereof, such occupancy or use shall not commence prior to . a time mutually agreed . upora .by CITY and CONTRACTOR and to Which the' insurance company or Companies providing the .property _insurance have consented by endorsement to the policy or policies. insurance on the unoccupied or unused portion or portions Shall not be canceled or lapsed on account of such partial 'Occupancy or use: Consent of CONTRACTOR and of the 'Insurance company or companies to such occupancy or use shall not be. unreasonably withheld. 30. La'nds for Wotk: 30.1. • CITY shall provide,. as they be indicated In''tho `Contract Documents, the lands upon which the Work Is to be performed, rights -of -way and easements for access thereto and such other lands as are designated by CITY or the use of CONTRACTOR. 30.2. CONTRACTOR'shail provide, at CONTRACTOR'S own eXpense and without liability to CITY, any additional land and access thereto that may be required for temporary construction facilities, or for storage of March 2004 City of Mlaml Beach .copy+glr. 2O 41M Goldin Group Page 95 • : . • • Projecilikanttal Materials., CONTRACTOR shillfurnish to 'CITY Copies of written permission 'Obtained by CONTRACTOR from. the owners of such facilities. 31.- Legal Restrictions and Traffic Ph:Melon:it! • 31:1. CONTRACTOR shall dortfcitin' . and Obey applicable • laws, • regulations, or ordinances with' regard tO :labor' employed, hours of .work and CONTRACTOR's' • general operations. • CONTRACTOR •Shall conduct its operations sO as not to close any thoroughfare, nor Interfere in any way with traffic on railway, . highways, or water, • .without the prior Written' consent of the proper authorities. •32 'LoCatiOn and bah** tO Existing Faoilitiel,•EqUipMent or utilities: 32.1. As far as pOsSible; .all 'eXistinglutility • limit in the Project area haVe been shown on the plans. .However, CITY does not guarantee that .all lines are shown, or that .the.. °net Indicated are In their true :location. It shall be the CONTRACTOR'S responsibility to identify and locate all underground and overhead utility lines or equipment . affecting or affected by the PrOject. No additional payment will be Made to the CONTRACTOR because' of discrepancies in actual and • plan location of utilities, and damages suffered as a result thereof. 32.2. -The CONTRACTOR shall notifY" each utility company tnvolVe'd at least ten (10) days prior to •the 'start of construction to arrange for positive underground location, relocation or support of its • utility where • .that utility may be In conflict With or endangered by the proposed construction. . Relocation 'of Water mains or other utilities for the convenience :Of the CONTRACTOR • shall be • paid by the CONTRACTOR. All charges by utility :Companies for temporary support of its 'utilities shall be 'paid for by the CONTRACTOR. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company Involved. No additional payment .will be made to the CONTRACTOR for utility relocations, whether or : not said relocation is necessarytO avoid conflict with other lines. • The CONTRACTOR shall sahedule- the Work In aboh a Manner that • • the work Is . not delayed by the utility •providers relocating or suppOrting their ••utliities. The CONTRACTOR shall coordinate Its activities with any and all public and private' utility providers occupying the right-of-way: No compensation will be paid to the CONTRACTOR for any loss of time or delay. . . .32.4. 'All • overhead, sulfate br" ..undergrOund -structures and .utilities encountered are . to be Carefully protected from • injury . or displacement. All damagetolsuch structures Is to be completely • • . . • !Page 96 City of Miami Beach March 2004 • copyright • 11934 The Gordon Gm* Peoject Manual . , • 'repaired within 'a riatoriable time; needless delay Will riot :be tolerated. The CITY reserves .the right to remedy such damage by ordering outside parties to. Make such repairs at the expense of the CONTRACTOR. All such 'repairs made by the CONTRACTOR are to be made to the satisfaction of the utility owner. All damaged utilities Must be replaced or fully repaired. All repairs are to be Inspected by the utility owner prior to backfillIng.• . 33. Value Engineering: • . 33.1. . CONTRACTOR may request SUbitItution 'of Materials, Odes, :pieces of equipment or any changes that reduce the Contract Price .by making such request to' the CITY and or Program Manager in :writing. The 'CITY end or Program Manager will be the sole Judge of acceptability, and no substitute will be ordered,inatalled, used or Initiated without the CITY's and or' Program Manager's prior written. '.acceptance which will be evidenced by either a 'Change Order or an • approved Shop Drawing. ,,However, any substitution accepted by the CITY and or Program Manager shall hot result In any Increase In the Contract Price or Contract 'The. Any substitution 'submitted by CONTRACTOR must meet the form, fit, funttion and life cycle criteria • of the item proposed to be 'replaced and there must be a net dollar savings including the CITY and or Program Manager's review fees • and charges. If a -Substitution Is approved, -the net dollar .savings shall be processed es a deductive Change Order. CITY may require .CONTRACTOR to furnish at CONTRACTOR's expense a special ':perfonnance guarantee or other surety with rasped to any Substitute approved after award of the Contract. .34. Continuing the Work: • • •, . . • • • • • • - • , • 34.1. . CON-MACTOR shall carry Oh the Work and 'adhere JO the progress schedule during all disputes or disagreements with CITY, including disputes or disagreements .concerning a request for a Change Order, . are quest for a change in the Contract Price or Contract Time. The • Work shall not be delayed pr postponed pending resolution of any disputet or disagreements. 35. Changes in'the Work orTerrits of COntract Odour -Witt: • . . . . • 35.1. Without invalidating the Oantritt end without .notice • to any surety CITY reserves and Shall have the right, from time to time to make • such Increases, . decreases; or other Changes In the character or . quantity of the Wcirk as .may beconsidered necessary or 'desirable to complete fully and acceptably the proposed construction • in a satisfactory manner. Any mitre or additional work within the scope of . . ' ' March 2004 Cliy of Mfaml Beach Page 97 • copyright • NON The °cream Woup i.,170GINgr• • .• fii•ciject Manual • thIs Project Muet be accomplished by Means:of appropriate Field . • Orders and Supplemental Instructions or Change 'Orders Issued through a•Job Order with therequired Documentation. • 36.2. .Any ohengei to the terms of the .Contract Documents must be .. , :. Contained in a Written dOcument, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. •'This section shall not prohibit the • issuance of Change Orders through a Job .Order With the required ,Documentation'executed only by CITY as hereinafter provided. •.- 36.. Field Ordertend Supplemental InstructiOrts:' • ., . , • . . .: 36.1. The • Contract AdMinistratOr, through 'the CITY and - or PrOgrem Manager, shall have the fight: to approve and issue Field Orders • • setting forth written interpretations' .of the intent of the . Contract '.0ocuments and ordering minor changes In Work execution, Providing • . the Field Order involves no dhange In the Contract Price 9r the • Contract Time. . 36.2. r : T M ' CITY and .or Program .Manager shall have the ' right to•epPrOve and issue Supplemental Instructions setting forth written orders, • • ' • 'instructions, or interpretations concerning the Centred' Documents or its. performance, provided suchiSupplemental Instructions involve no change in the Contract Price or the Contract Time. ; • ' .37. ' Change' Orders: , • ! • . • r • • I • • .371; TheCiTY Without InValidetirig t e Contract, may order changes in the • ' • • .... ..• . . . • Work by altering, adding to or deducting from the Job Order, .by issuing :an additional Job Order. All changes areto be Owner . Initiated as a result of: 1) change in the original scope of work or 2) a hidden condition requiring the ;use of work tasks or non pre -priced . • tasks not In the Contractor's original Price Proposal. . All such Work 'Shall be executed under the tondltions•of the original contact. . . 37.2. NO changes shall be made Without 0-Written Job •Order from' the 'CITY. No claim for an additional Job Order amount shall be valid unless to ordered and authorized by Issuance a Job Order. ' • .• .27.3: • Changes will be considered asa new Job Order and -such will f011oW .the • procedures outlined In Article 12 of the Ordering Procedures In • 'the JOC Supplemental Conditions. . . • •• • 37.4.- Changes in the quantity or Chatacterof the Work' Within the scope of work of the Project which are not properly the subject of Field Orders or Supplemental Instructions, Including • all changes resulting in changes in the Contract Pre, or the Contract Time, shall be • • • Page 98 City of Miami Beach copyright 0 2034 The Gatlentroup : • • March 2004 .Protect Manuel • authorized only by Change Orders, leitied with a Job Order With •the required documentation and approved In advance and Issued in accordance with the provisions of the CITY. • 37.5.. All changes to construction contracts must be approved in advanceIn accordance -with the value of the Change Order or the • calculated Value of the time extension. . • • - 37.6. In the event satisfactory' adjustment ca'nniit be reached' for rany Item . requiring a change in thb Contract price or Contract Time, and a . Change Order has not 'been Issued, CITY reserves the right at Its ' •sole option to either terminatethe Contract es it applies to the Items in • question and make Such arrangements .as . may be deemed • ..necessary to complete the disputed work; or-submlt the matter in . 'dispute to Contract Administrator as set forth in Article 12 hereof. • ' During the pendency of the' dispute; and upon 'receipt of a Change •Order approved by CITY, !CONTRACTOR shall promptly proceed • •with the change ,in :the Work involved and edvlse the Contract . Administrator in writing Within' .seven , (7) . calendar days • of CONTRACTOR's agreement or disagreement With the method, if any, provided In the Change Order for••determining -the • proposed adjustment In the Contract Price or Contract Time. 37.7. Under' circumstances detdrrnined :necessary .by CITY, Change . Orders may be issued Unilaterally by'CITY. - .38. Value of Change Order Work: • 38 1, The value of any work covered by `ether* order prof any claim for . an increase or decrease in the Contract Price shall be determined as . • •followings: •: . 38.2, All changes, or order of extra Work shall'be paid far at the Unit PnCes • set forth in the Construction Task.Catalog or as Non 'Pre -priced Tasks. -.Credits forthe omission or reduction of Work shall be paid In the same manner. 38.3. For each' change, omiation or' extra Work ordered by the CITY, :the • • contractor shall submit a Job 'Order Price Proposal in writing to the CITY stating .a lump sumramount and shall state the extent to which the contract time shall thereby be Increased or decreased. 38.4. - All Job -Order Price Proposals'ahali be submitted •promptly. • 39. • • Notification and Claim for Change of Contract Tithe: . • 39.1. Ariy Claire! for a change in theContract Time shall be made by written • notice by CONTRACTOR! to the Contract Administrator and or March 2004 City of Miami Beach copyriou $ 2C04 7h. O rdl.n Group Page 99 • Project Manual : Program Manager within one (1) calendar day of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. The CITY will consider the request for additional time to complete the Job Order and render Its judgement within five (5) days. If the CITY and CONTRACTOR cannot agree, a .determination shall be determined by Contract Administrator in accordance with Article 12 hereof. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE'REQUIREMENTS OF THIS SECTION. 39.2. The Contract Tithe will be extended In an amount equal to time lost on critical Work Items due to delays beyond the control of and through no fault or negligence Of CONTRACTOR if a claim is made therefor as provided in Section 39.1. Such delays shall Include, but not be limited to, acts or neglect by any separate contractor employed by CITY, fires, floods', labor disputes, epidemics, abnormal weather conditions or acts of God. 4t}. No Damages for Delay:.. 40.1. No claim for damages or any claim, other than for an extension 'of time, shall be made or asserted against CITY by reason of any delays except as provided herein. CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind ' from CITY for direct, Indirect, Consequential, impact or other costs, :expenses or damages, Including but not limited to costs' of acceleration or inefficiency, arising. because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision • shall not preclude recovery of damages by CONTRACTOR for actual delays due solely to fraud, bad faith or active Interference .on the part of CITY and or Program Manager. Otherwise, CONTRACTOR shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting • delay, In accordance with and to the extent specifically provided above. . ' 41. Excusable Delay; Compensable; Non-Compensable: 41.1. Excusable Delay: Delay which 'extends the completion of the Work and which is caused by circumstances beyond the control of Page100 City of Miami Beach wpyrlphl 0 2004 Th. &Man Group March 2004 • Protect Manual CONTRACTOR or its subcontractors, . suppliers or vendors Is Excusable Delay. . 41.2. CONTRACTOR is entitled to a time 'extension of the Contract Time .for each day the Work fills delayed due to Excusable Delay. CONTRACTOR shall document its claim for any time extension as provided In Article 39 hereof. 41.3. Failure of CONTRACTOR to comply with Article 39 hereof ad to any. particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particularevent of delay. 41.3. Excusable Delay may be compensable or non-cornpensabie 41A.1. Cotm'pensable Excusable Delay: 41.4.1.1. Excusable Delay le comperisable when (I) the delay extends the Contract Time, (II) is caused by. circumstances beyond the . control of the CONTRACTOR or its subcontractors, suppliers or vendors, ,and (111) is caused solely by fraud, bad . faith or active Interference on the part of CITY or its agents. In no event shall CONTRACTOR be compensated for Interim delays which do not extend the Contract Time. 41.4.1.2. CONTRACTOR shall be entitled to . direct and indirect costs for Compansable Excusable Delay. Direct costs recoverable by CONTRACTOR shall be limited to• the actual additional costs allowed pursuant to Article 38 hereof. 41.4.1.3. CITY and CONTRACTOR recognize end agree that .the amount of CONTRACTOR's precise actual Indirect costs for delay In the performance and completion of the Work Is impossible to determine as of the date .of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the CONTRACTOR shall be liquidated on a daily basis for each day the Contract Time is delayed due to .a Compensable Excusable Delay.. These liquidated indirect costs shall be paid to compensate CONTRACTOR for all indirect costs caused by a Compensable Excusable Delay and shall Include but not be City of Miami Beach Page 101 coprighic.acc4 The GerUlm Oioup March 2004 PrOJect manual :limited to, all profit on indirect .costs, .hotte office Overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs Incurred by CONTRACTOR. The amount of liquidated indirect • costs recoverable shall be as listed in Article 19 of the JOG Supplemental Conditions per day for each calendar day the Contract is delayed due to .. a Compensable Excusable Delay. 41.4.2. Non-Compensable EXCusable Delay: 41.4.2.1. When Excitable Delay is (I)caused by .circumstanceg beyond the control of •CONTRACTOR, Its subcontreCtors,:siippliers and vendors, and Is also caused by circumstances beyond the : control of the CITY or Program Manager, or (1I) Is caused Jointly or concurrently by • CONTRACTOR or its subcontractors, suppliers or vendors and by the CITY or Program Manager, then CONTRACTOR shall be entitled only to a time extension and no further compensation for the delay. • 42. Substantial Completion: • 42.1. When CONTRACTOR' considers that the Work, or a pOrtion thereof • designated by CITY pursuant to Article 29 hereof, has reached Substantial Completion, CONTRACTOR shall so notify CITY and or • Program Manager in writing. Program Manager and or CITY shall ' then promptly inspect the Work. When CITY and or Program • Manager, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, • it will • then prepare .a Certificate of .Substantial Completion In the form • attached hereto as Form 00925 which shall establish the Dale of Substantial Completion; shall state the responsibilities of CITY and • CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed • to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of CONTRACTOR to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on • the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided In the Certificate of Substantial Page 102 City of Miami Beach copyright 0 2034 Ma Gordian Group March 2004 Project Mantled . Completion. The Certificate .of Substantial Completion shall be submitted to CITY through the Contract Administrator and CONTRACTOR for their written acceptance of the responsibilities assigned to them in such Certificate. 43. Na interest: 43.1. Any monies not .paid by CITY .when • ciairned to be due •to CONTRACTOR under this Agreement, including, but not limited to, any and all claims for contract damages of any type, • shall not be subject to interest including; ,but not limited to prejudgment interest. However, the provisions of CITY's prompt payment ordinance, as such relates to timeliness 'Of payment, and the provisions of Section 218.74(4), Florida Statutes (1989) as such relates to the payment of Interest, shall apply to valid end proper invoices. 43. Shop Drawings and Samples: • 44.1. CONTRACTOR shall submit Shop Drawings and or Samples as required and or as listed in •the RFP for individual Job Orders. The purpose of the Shop Drawings is to show the suitability, . efficiency, technique of manufacture, Installation requirements, details of the item and evidence of its 'compliance or noncompliance with the Contract Documents. 44.2. Within the time 'specified on the RFP in calendar days •after the 'Project Initiation •Date specified' in the •Notice • to Proceed, CONTRACTOR shall submit to CITY and or Program Manager a complete list of preliminary •data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this €ist by CITY and or Program Manager shall In no way relieve CONTRACTOR from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 44.3. After the approval of the list of items required in Section 44.2 above; 'CONTRACTOR 'shaft promptly request Shop .Drawings from the various manufacturers, •fabricators, and suppliers: CONTRACTOR shall include all shop drawings and other submittals in its certification. 44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings and each' and every copy shall show•this 'approval thereon. 44.5. If the Shop •Drawings show `or indicate departures from the Contract' requirements, CONTRACTOR shall make specific mention thereof in Its letter of transmittal. Failure to point out such departures shall not • March 2004 City of Miami Beach oopr pN O 9o04 tlh. Gerd lin O,oup • Page103 • Project Manual reileVe CONTRACTOR from its responaibility to comply with • the Contract Documents. 44,5. :CITY and or Program Manager .shall review and approve Shop Drawings within fifteen (15) calendar days from the date received, unless said Drawings are rejected by CITY and or 'Program Manager • for material reasons. CITY'S and or Program Manager's approval of Shop Drawings will be general=and shall not relieve CONTRACTOR of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by CITY and or Program Manager. . Approval shall ; not relieve CONTRACTOR from • responsibility for errors or omissions of any sort on the Shop • Drawings. • 44.7. .No approval will be given'to •partial submlttals`of Shop Drawings for items which Interconnect and/or are interdependent where necessary to properly evaluate the design. It is CONTRACTOR'S responsibility to assemble the Shop Drawings for all such Interconnecting and/or .interdependent items, check them •and then make one submittal to CITY and or Program Manager along with its comments as to Compliance, noncompliance, orfeatures requiring special attention. 44.8. If catalog 'sheets or prints of menufaacturets' standard drawings ate submitted as Shop Drawings, any additional Information or changes on such drawings shall be type»rIiten or lettered in Ink. 44,9. CONTRACTOR shall submit the dumber of copies required by CITY and or Program Manager. .Re -submissions of Shop Drawings shall be made Iri the same quantitfuntil final approval 1s obtained. • 44.10. CONTRACTOR shall keep brie set of Shop Drawings marked with CITY's approval at the Job site at all times. 45. 'Field Layout of the Work and Record Drawings: 45.1. During the construction of a JOC Job Order, the entire responsibility for establishing and maintaining fine and grade in the field Iles with CONTRACTOR. Furthermore the CONTRACTOR shall maintain an accurate and precise record `of the location and elevation of all constructed Items such as: pipe lines, conduits, structures, maintenance access structures, hand holes, fittings and the like. CONTRACTOR shall deliver these 'records in good order to CITY and or Program Manager as the Work is completed. The cost of all such field layout and recording work is included in the bld adjustment • City of Miami Beach March 2004 copyright O 20147ho (Montan Group Page 104 • Project •Manual factors.- All 'record drawings shall be made •ori reproducible paper and shall be delivered to CITY and or Program Manager prior to, and as a condition of, final payment. 45.2. CONTRACTOR shall Maintain In a safe ptaoe at the Project site one record copy of all Drawings', Plans, 'Specifications, Addenda, written amendments, Change • Orders, Field Orders and written interpretations and clarifications In good order end annotated to show all changes made during construction. These record documents .together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to CITY and or Program Manager for reference. 45.3. Prior to, and as a condition .precedent to Final Payment, CONTRACTOR shall submlt to CITY, CONTRACTOR's• record drawings or as -built drawings acceptable to CITY and or Program Manager as listed in Article.46. If no drawings .were provided by the CITY or developed by the. Contractor, .the City may require the 'Contractor, at no expense to the CITY, to provide "as-bullts" to properly document the Work. The CITY will specify the form of As - Built drawings that will be required, based on what is practicable to • both parties to the Contract.' 46. As-Bullt Drawings: • 46.1. As the •Work .progresses, the Contractor and the Subcontractor for each. trade or division of Work, 'under the direction of the Contractor, 'shall keep a complete and abcurate record of the following: • 46.2. Changes and deviations between the Workas shown on the Contract Documents (If drawings provided by the CITY or developed by the • Contractor) and shop drawings indicating the Work as actually Installed. • 46.3. • The specific locations of piping, valves duct Work. equipment, and • other such Work which were not located or changed location on the Drawings and shop drawings. 46.4. • Equipment' schedules. Indicating manufacturer's names and model numbers. ' 46.5. The As=Bulit Documents 'shall be arranged in a logical order, and in accordance with the various provisions of the Specifications (if any), and properly indexed. The Contractor shall review them for completeness prior to submittal to the CITY. At the completion of the Work, the Contractor and each Subcontractor shall certify by endorsement thereof that each of the revised sepia mylar of the March 2004 • City of Miami Beach' Page 1066 ' ccpnk►o O Qa 4 The Uoralon Group Project Manual Drawings and copy of SpecificatiOns and shop drawings Is complete and accurate. 47 Safety and ProteCtion: 47.1. CONTRACTOR Shall be solely responSible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 47.1.1. All employees on the 'work site and other persons who may be affected thereby; • 4711.2. All the work' and lall materials or equipment to be Incorporated therein,whether in storage on or Off the ' Project site; and 47:1.3. Other property at the Project site or adjacent thereto, • including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities .not designated for removal, relocation r or replacement •in the course of • 'construction. • 47.2. CONTRACTOR 'shall comply With all aPplicable •laws, ordlnanees, rules, regulations and orders .of any public body having jurlidictIon for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. ;CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, Injury or loss to any property referred to In Article 32 above, caused directly or Indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the work shall continue until such time' as WI the Work is completed and Program Manager has Issued a notice to CITY and CONTRACTOR that the Work is acceptable except as otherwise provided in Article 29 hereof. • 47.3. CONTRACTOR shall designate a responsible member of Its organization at the Work site whose duty shall be the prevention of aocidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to CITY. ; . Page 106 City of Miami Beach copy/phi 0 2C04 Th. Gadian loup March 2004 Project Manual 48. Payment by CITY fat Tests: • 48.1. Except when otherwise specified iri the Contract Documents' and or •.RFP, the expense of all tests requested by CITY and or Program Manager shall be borne by CITY and performed by a testing firm chosen by CITY and or Program Manager. For road construction protects the procedure for 'making tests required by CITY and or Program Manager will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard • Specifications for Road and Bridge Construction. The cost of any required test which CONTRACTOR falls shall be pald for by • CONTRACTOR. Any testing the CITY and or Program Manager request the Contractor to perform will be Identified In the Detailed Scope of Work and the cost submitted in the Contractor's Price Proposal. 49. Project Sign: 49.1. Any • requirements for o project sign shall be as set forth. in the Detailed Scope of Work and or Technical Specifications. ' 50. Hurricane Precautions: • 50.1. '.During such periods of time as are designated by the United States Weather Bureau as being • a hurricane warning or alert, the CONTRACTOR, at no cost to the CITY, shall . take all precautions necessary to secure the Protect site in response to all threatened storm events, regardless of whether .the CITY and or Program Manager has given notice of same. 50.2. Compliance with any specific hurricane warning or alert precautions • • will not constitute additional work. 50.3. Additional work relating to hurricane' warning or alert at the. Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 50.4. Suspension of the Work caused by a threatened or actual 'storm • .event, regardless of whether the CITY hasdirected such suspension, • will entitle the CONTRACTOR to additional Contract Time as non- compensable, excusable delay, and •shall not give rise to a claim for compensabie delay. i. 51. Cleaning Up; CITY'S Right to Clean Up: 51.1. CONTRACTOR shall at all times .keep the premises free from accumulation of waste •matetials or rubbish caused by its operations. At the completion of the Project, CONTRACTOR shall remove all its March 2004 City of Miami Beach copyright • 20017M Opd a % Oroup Page 107 ••• : : Project anuai 62: • :53. Nondiscrimination, 'Equal Employment Opportunity, and Americans with Disabilities Act:• 53,1: CONTRACTOR shall not uniavrfully discriminate against any person in Its operations and activities or in Its use or expenditure of funds In fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and 11 of the ADA (regarding nondiscHminatlon on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR 'shall take affirmative steps to ensure nondiscrimination In employment against disabled persons. .53.2. CONTRACTOR'S debisions regarding the delivery of services under this Agreement shall be made iwithout regard to or consideration of race, age, religion, color, gender, .sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. . 53.3. CONTRACTOR shall not -engage In or commit any discriminatory practice In violation of CITY of Miami Beach Ordinance 'No. 92-2824 in performing any services pursuant to this Agreement. waste materials and rubbish from and about the Project as well as its tools, construction equipment, ,machinery and surplus materials. if CONTRACTOR falls to •clean up during the prosecution of the Work or at the completion of the Work, CITY may do so and the cost thereof shall I be charged to CONTRACTOR. If a dispute arises between CONTRACTOR and separate contractors as to their responsibility for cleaning up; CITY may cleanup and charge the cost thereof to the contractors . responsible therefor as CITY and or Program Manager shall determine to be just, Removal of Equipment: • .52.1. In case of termination of this' Contract before completion for any cause whatever, CONTRACTOR, If notified to do so by CITY, shall Promptly remove any part or all of CONTRACTOR'S equipment and supplies from the property of CITY, failing which CITY shall have the right to remove such equipment and supplies at the expense of CONTRACTOR. .. Page108 City of Miami Beach copyright 0 2034 The Gardlsn Grcup March 2004 Project Manuel . ' 54. Project Records: 54.1. CITY Shall have the'right•to inspect and copy,•at CITY`s expense, the. books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation • made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project and to any claim for additional compensation made by CONTRACTOR. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or 'otherwise, which relate 10 the Protect and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, CONTRACTOR shall provide CITY access to Its books and recordsupon seventy-two (72) hours written notice. 55. Occupational Health and Safety; • 1 55.1. In • compliance with Chapter 442, • Florida • Statutes, • . any toxic substance listed in Section 38F-41.03 'of the Florida Administrative Code delivered as a result Of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be' obtained from the manufacturer. The MSDS must include the following Information: 55,2. The chemical name•and the corrimon name of the toxic substance. 55.3. The hazards or other risks In the use of • the toxic substance, Including: . 55.3.1. The potential for fire, explosion, Corrosion, and reaction; ' • 55.3.2. . The known .acute' and chronic' health effects of risks from . exposure, including the medical conditions which are .generally recognized as being aggravated by exposure to the toxic substance; and 55.3.3. The primary routes of entry and symptoms of overexposure.. • • 55.4. The proper precautions, Iiandlirig practices, 'necessary personal protective equipment, and ether safety precautions in the use of or exposure to the toxic substances, Including appropriate emergency treatment in case of overexposure. 55.5. The emergency procedure for spills, fire, disposal; and first aid. 56.6. A description in lay terms of t€ie •khowryspecific potential health risks • posed by the toxic substance intended to alert any person reading this information. March 2004 City of Miami Beach copyright • SODA 7!w Go'd4n Grew Page 109 • • .'Project Manual .: • 55.7. the year and month, if available, that the information was cottoned and the name, address, •and emergency telephone number of the 'manufacturer responsible for preparing the information. 55.8. Asbestos:• 55.8.1. `THE CONTRACTOR IS WARNED THAT EXPOSURE TO AIRBORNE ASBESTOS HAS BEEN ASSOCIATED WITH • POUR DISEASES: LUNG CANCER, CERTAIN • GASTROINTESTINAL CANCERS, PLEURAL OR • 'PERITONEAL •MESbTHELIOMAAND ASBESTOSIS. Studies indicate' there are significantly increased health dangers to persons exposed to asbestos who smoke; and further, to family members and other persons who become indirectly exposed as a result of the exposed worker bringing asbestos -laden work clothing home to be laundered. .55.8.2. The Contractor IS advised that friable and/or .nonfrlable • 'asbestos -containing I material may be encountered in area(s) where contract work is to be performed. Friable asbestos containing material means any material that contains more than one percent asbestos by weight that hand pressure can crumble, pulverize or reduce to powder when dry. Nonfriable asbestos -containing materials are materials In which asbestos fibers are bound by a matrix material, saturant, impregnant or coating. Nonfrlable asbestos -containing !materials do not normally release airborne asbestos fiber during routine handling and end - use. However, excessive fiber •concentrations may be produced during uncontrolled abrading, sanding, drilling; cutting, machining, removal, demolition or other 'similar activities:. • 55.8.3. Cate must be taken' tit) avoid releasing or causing 'to be • • released, asbestos fibers into the atmosphere where' they may be inhaled or ingested. The Occupational Safety and Health Administration (OSHA) . has set standards at 29 CFR 1910.1001 for exposure to airborne concentrations of asbestos, fibers, • methods of compliance, medical • surveillance, housekeeping procedures, and other measures that must be taken when working with or around asbestos -containing materials. 29 CFR 1910.1001 has been identified as applicable to construction (29 CFR 1926.55 gases, vapors, fumes, 'dusts and mists). The Page 110 City of Miami Beach copyright., ROM T. Gordian oraup March 2004 1 • Project Manual .Environmental Protection .Agency (EPA) has established standards at 40' CFR 61.140-156 for the control of asbestos emissions to the environment and the handling and disposal of asbestos wastes. Additionally the •Florida .Occupational Safety and Health Administration standards are applicable to this contract. 55.8.4. Friable asbestos containing materials•are not permitted by current criteria and shall not be used in new construction or 'modification protects (ETL 1110-1-118, 27 May 1983). Plans and specifications for all new construction and modification projects will be reviewed to ensure that the use of friable asbestos -containing materials is not called • for. . 55.8.5. • Maintenance, modification, or demolition activities where exposure to asbestos dust :may occur from previously .. Installed friable or nonfriable asbestos -containing material will be identified. ; All precautions, to Include proper work • practices, medical surveillance, respiratory protection, industrial hygiene, and environmental protection requirements of OSHA (29 CFR 1910.1001), EPA (40 CFR 61.140-156) and pA Circular 40-834, as applicable, shall be strictly followed. .56. Environmental Regulations: • 56.1. • ,The CITY reserves the 'right'to consider a Bidder's history of citations and/or violations of environmental regulations In investigating a Bidder's responsibility, and' further reserves the right to declare a • . Bidder not responsible If the history • of violations warrant such .. determination in the opinion -of the CITY. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and ' dispositions thereof. The ndn-submission of any such documentation shall be deemed to be an affirmation by the•Bidder that there ere no Citations or violations.. Bidder shall notify the CITY immediately of :notice of any citation or violation which Bidder may receive after the 'Bid opening date and during the time of performance of any contract awarded to it. March 2004 City of Miami Beach copyright • 2004 The Gordian ©roue Page 111 • • PrOJect Manual .00900 SUPPLEMENTARY 'CO14DITIONS I PAGE INTENTIONALLY LEFT OLANK Page 112 City of Miami Beach March 2004 aapydpht 0 9034 Th. O rdl.n asoup 1, Project Manual No. VT Pp 1A Cs.V0(.( • Contract No. Protect Title 1 'The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics. laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated Sa ,20(-( I,C w► ti _ s._ l: i By • By 00923 STATEMENT OF COMPLIANCE (DAVIS BACON ACT) STATE OF ) ) SS COUNTY OF ) ont : ctor •,:,� ram_ (Sign: re) (Name a d Title) The foregoing instrument was acknowledged before me this 00 day of, • 0 by (t - \ i f- c YY'AC k1:► "Z_ who is ers'onally known to a or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this &3 day of , 20 C',t/ 0 gy rIA E. SANCHEZ NoUry Public - Slate a1 Florida M, CembickeriespitteMaYZ7,2Xe Commiealnn Y 00120076 Pondtd a7 Nat,onsI Notary Assn. My commission expires: F.52r) tOL' March 2004 Nsakx c:iQL,w1in (Signature of person taking acknow edbrr{ent) ,G,DrePeq (Name of officer taking acknowledgment) (Serial number, if any) �-]a:C1n.5 City of Miami Beach copplahl a 4004 The oadw Group • Page113 A�FpN+nr.n MW4sISi�viri.*'iJMir:"...• i.::t:,••r • Project Manual DAVIS BACON WAGE DECISIONS ANb ASSOCIATED INFORMATION The prevailing .wage rates, :GENERAL DCiS ION .FL20030001 EL1, ' Superseded .General Decision No,.FL020001. January 23, 2004 by the Secretary of Labor State of Florida, with respect to the Job Order Contracts) follow this page. Wage decision changes, such as modifications and superseding decisions, shall be effective, if published before contract award, unless prior to their issuance by the Secretary of Labor, construction has started, the mortgage has been Initially endorsed, or bids have been opened. Please note '.that 'the Contractor Will' be required to certify that •all laborers and 'mechanics engaged in the construction of the project, including those employed by the subcontractors, have •been paid at least the wage rate required by the effective wage decision, Including all changes and additions on projects which are identified by the CITY as federally funded. The reference wage .decisions will be•In'effectlor twelve (12)months from the 'date the Contract Is executed. Thereafter, if CITY executes an option to extend the . • ..Contract for an additional terms) new wage decisions or Modifications thereto will be Issued and effective for the next twelve months. The Contractor's adjustment factors will be modified according to Article 6 of the JOC .Supplemental General Conditions. . • ' Page 114 City of Miami Beach cappiall O 2C04 Tin Gordlul Ckoup March 2004 • : Project Mainual GENERAL DECISION: FL20030001 01/23/2004 FL1 Date: January 23, 2004 General Decision Number: FL20030001 'O1/23/2004 Superseded General Decision Number: FL020001 State: Florida Construction Type: . BUILDING County: :Miami -Dade County in Florida. BUILDING CONSTRUCTION PROJECTS'(does not Include single family homes and apartments up to arid including four (4) stories) 0 06/13/2003 1 01/23/2004 • ASSE0060-001 09/0112002 . • ;Rte$ Fringes ASBESTOS WORKER/HEATAND FROST INSULATOR $26.13 6.86 •E LE C0349-001 08/01/2002 • ELECTRICIAN (Including Fire Alarm • Installation): Electrical contracts Including materials that are less than .$2,000,000 . • Electrical contracts including materials that are over $2,000,000 Rates • Fringes $20.50 4.30 + 8% $22.96 4.30 + 8% ELEV0071-001 11/01/2001 Rates • Fringes ELEVATOR MECHANIC ' $25.285 •7.455+A FOOTNOTE FOR ELEVATOR CONSTRUCTORS: A: Employer contributes 8% basic hourly rate for 5 years or • more of service or 6% basic hourly rate for 6 months to 5 March 2004 City of Mlaml Beach .pyApM 0 2034 The Gordan Group Page 115 , • • Protect Manual • : years 'of service as Vacation Pay Credit; aid Holidays: • . . New Years Day; Memorial Day; Independence Day; . • Thanksgiving Day; Christmas Pay, plus the Friday after '. • Thanksgiving. , . . . ....i..............—............„........,......---_....__,...........,.............. • . ENd10487-001 ...... _7/01/2002 • Rates Fridges POWER EQUIPMENT OPERATORS: • Boom Truck Operator , $22.40 4.50 . 'Crane (including Truck Crane) *$22.40 4.50 Crane Oiler (including Truck Crane) $16.18 4.50 .Pliedrivers $22.40 4.50 0•0•..,IMN,.•..1•••••••6•1••••••••••••••=••••••MA.1 IRON0272-001 ...... _04/01/2003 Rates Fringes*. IRONWORKERS: • , Ornamental $19.75 4.70 ' Reinforcing $19.75 4.70 Structural $19.75 4.70 • PLUM0519-001 03116/2003 :PLUMBER . I • Rates' • • $22.27 IIMMX6MMME.1•01•Nad.•41••••111..1.1k1.=••••••••••••••.•••••••1•11.,.1••• Fringes • 5.68 PLUM0725-001 07/16/2002 • I - • Rates Fringeti • ...:KPEFITTER (including HVAC) $25.05 •.6.50 .SFFLO821-001 01/01/2003 • .". • SPRINKLER FITTER . • .•• RatesFringes $22.40 6.27 4•11.*•••••••••••rmor.olon•••••••••••••.••••.........md...1. • SHEE0032-001.......08/12/2003 Rates' . Fringes SHEET METAL WORKER (including HVAC duct work) •-$24.24 . 8.97 • •,:•• • .'•Page 110 .• • • . . . . City of Miami Beach March 2004 copyright • 2004 Tin &Mon Grap • A• SU FL 199$-001 03/04/1999 Rates Fringes ACOUSTICAL TILE INSTALLER $10.00 0.62 BRICKLAYERS/BLOCKLAYER $15.36 CARPENTER (Including Drywall Hanging and Batt Installation) $12.90 2.40 CARPET LAYER .$14.25 CEMENT MASONS/CONCRETE FINISHER $14.50 3.15 DRYWALL FINISHER $12.50 GLAZIER $13.05 2.42 • LABORERS: , Pipeiayers $13.81 Plasterer Tenders $10.09 Unskilled (Including Mason Tending) $8.70 ' PAINTER, BRUSH $9.B1 PLASTERER $15.05 POWER EQUIPMENT OPERATORS: 1 . Backhoe $15.71 2.85 Bulldozer $14,58 2.85 Concrete Pump operator $14.78 Grader $15,93 2.85 Loader $16.04 2.85 ..Roller $12.84 2.85 ROOFER $9.99 TILE SETTER $12.50 0.87 TRUCK DRIVER .$10.95 1.83 M. _ r... -ww. w wr ww w w w w r WELDERS Receive rate prescribed for croft performing • operation to which welding is Incidental, ; . Unlisted classifications needed for work not 'included within the scope of the classifications listed may be added after award only as provided in the labor standards contract :clauses (29CFR 5.5(a) In the listing above, the "SU" designation means that rates listed • under that Identifier do notreflect collectively bargained wage and fringe benefit rates. Other designations -indicate unions whose rates have been determined to be prevailing. March 2004 project Meual City of Miami Beach Page 117 copyright O 2004 Th. cladWi oro p • Protect Manual 'WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an Initial decision in the Matter? This can be: • an existing published wage. detenrnlnatibn ' " a survey underlying a wage determination * a Wage and Hour Division letter setting forth .a position on a wage determination matter * a conformance (additional classification and rate) • . ruling • On survey related matters, initial.contadt, Including requests for summaries of surveys, Should be ;with the Wage and 'Hour Regional Office for the. area In which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact Is not satisfactory, then the process described in 2.) and 3.) should be followed. With -regard to any other'rriatter not yet ripe for the formal process described here, initial contact should be with the Branch of • Construction Wage Determinations. Write to: • . Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor • .200 Constitution Avenue, N. W. Washington, D. C. 20210 If the answer to the question in 1.) is yas, then an °interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied. by a fill, statement of the Interested party's position and by any information (wage payment •Page 118 City of Miami Beach oopirigtd C 9004 Th. cigar, Group March 2004 data, : project description, 'area practice material, etd.) that the requestor considers relevant to the issue. 3.) if the .dgclslon of the AdminIstratcr is not • favorable; an• interested party may appeal directly to the Administrative ' Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor . • 100 Constitution Avenue, N. W. • Washington, D. C. 20210 • 4.) All decisions by the Adminlstrative Review Board are final. • END OF G NERAL DECISION March 2004 Project Manual • City of Miaml•Beach comot o too4 GIs Qadi.n ofauP Page 119 Project Manual .GENERAL DECISION: FL20030044 FL44 Date: June 13, 2003 General Decision Number: FL20030044 Superseded 'General Decision No. FL020044 State: Florida .: Constructlon'Typa: . • HIGHWAY • County(les): DADE• HIGHWAY CONStRUC `ION PROJECTS(excludingtunnls; budding etructions in rest areas projects, and railroad construction; bascule, suspension & spandrel arch -bridges designed for commercial navigation; bridges Involving marine construction; • other major bridges). Modification Number Publication Date 0 06/13/2003 ••COUNTY(les): 'DADE SUFL3009A 08/01/1993 BRICKLAYER/MASON CARPENTERS CONCRETE FINISHER •ELECTRICIAN FENCE ERECTOR •. FORM SETTER GUARDRAIL ERECTOR LABORERS: Asphalt Raker 8.23 Pipelayers 9.14 Unskilled . 7.55 IRONWORKERS: Reinforcing Structural -PAINTERS • Retest Fringes 11.00 11.72 12.22 14.42 12;00 10.52 7.55 • 13.52$ 14.65 11.62 . Page 120 City of Miami Beach March 2004 copylphl•2004 The Gardlon Glow I Project Menu'al POWER EQUIPMENT OPERATORS: • Asphalt Distributor Asphalt Paving Machine Operator • Asphalt Screed • Backhoe Boom -Auger Operator Bulldozer Concrete Joint Saw • Concrete Curb Machine Crane, Derrick, or Dragllne. Earthmover 'Forklift Op. Front End Loader: 1 cu. yard and under • Over 1 cu. yard ,'Grademan . Gradall Guardrail Post Driver Operator • Mechanic • Milling Machine • • *Milling Machine Grade Checker Motor Grader • Mulching Machine Oiler, Grease Man Pavement Striping Machine Pavement Striping Machine • Nozzleman 'Piledrivers: Leadsmen Operator Power Subgade Mixer Rollers: Finish Rough . Self Prop. Rubber Tire Scraper Sign Erector ' Small Tool Operator' Tractor, Light Trenching Machine Widening Spreader Machine TRAFFIC CONTROL. SPECIALIST • 8.e'7 10.48 9.22 11.27 10.14 10.40 11.86 10.93 13.59 9.57 8.00 9.29 9.68 7.64 10.50 10.75 12.00 8.71 7.78 11.52 7.75 12.21 9.34 7.91 14`77 13.71 8.50 9.18 7.66 9.20 7.55 11.65 8.05 7.83 8.19 8.50 7.95 March 2004 City of Miami Beach Page 121 wrote. 104TheGoldin Group :Project Manual • • • :• TRAFtiC.SIGNAL1ZAT1dN: • Installer 8.61 Mechanic 11.47 TRUCK DRIVERS: • Low -Boy • 8.63 Single & Multi -Rear Axle 8.05 , •. i • • WELDERS - Recetve rate prescribed for craft performing operation to which welding is incidental. I -----...�..=���C��...�t.CCT..T. Unlisted classifications .needed for work not' included within the scope of the classifications listed may be added after award only as . 'provided in the labor standards contract clauses (29 CFR 5.5(a) • In the listing above, the °SU" designation means that rates listed 'under that Identifier do not reflect collectively bargained wage and .fringe benefit rates. Other designations • Indicate unions whose .'rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS .1.) Has there been an Initial decision' in the matter? This can be: : en'exlstingpublished wage determination a survey underlying a wage determination " a Wage and Hour Division letter setting forth a .position on a wage determination matter 'conformance (additional classification and rate) ruling On survey related matters, inIttal contact, including requests for summaries of surveys, should be with !the Wage and Hour Regional Office for the area in which the survey was conducted because those !Regional Offices have • `responsibility for the Davis -Bacon' survey program. If the response from this Initial contact Is not satisfactory, then the process described in 2.) and 3.) should be followed. Page 122 City of Miami Beach March 2004 owdaM oaow•m. craw, G oup Project Manual • With regard to any other Matter not yet'ripe for the formal process • described here, initlal contact should .be with the Branch of • Construction Wage Determinations. Write tb: Branch of Construction Wage Deterrhlnations Wage and Hour Division • • U. S. Department of Labor • 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) . If the answer to:the question in 1.) is yes; then an Interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See .29 CFR Part 1.8 and 29 CFR Part '). Write to: Wage ar'd Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request :should be accompanied by 'a full statement of the interested party's position • and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue: 3.) If the decision 'of the Admirtistratdr is 'not favorable, an interested party may appeal directly to the Administrative Review Board (forrnerly the Wage Appeals Board). Write to: Administrative • Review Board • U. S. Department of Labor • .200 Constitution Avenue, N..W. . Washington, D. C. 20210. h.) All decislons by the Administrative Review Board are final. ENO OF GENERAL bECISfON March 2004 City of Miami Beach mpyriQM 0 SON The G dim Group Page 123 • • • .ProJect•Manual Y. • 06925 • CERTIFICATE f F $UESTANTIAL COMPLETI0IN PROJECT:_ CITY AND OR (name, address) PROGRAM MANAGER: . • BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR: PROJECT NUMBER: .. NOTICE TO PROCEED DATE: . . • . DATE (F'ISSUANCE: PROJECT OR DESIGNATED EORTION'SHAL'L INCLUDE: The. Work performed under this 'Contract has been reviewed end found to .be substantially complete • and all documents . required to be submitted by • CONTRACTOR under the•Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above Is hereby established as . . . !(date), which • is 'also the date of commencement of applicable warranties .required by the .Contract Documents, except as stated below. • • pEFINitION OF DATE OF SUBSTANTIAL•COMPLETI'ON The Date of Substantial Completion of the Work or portion thereof designated .•by CITY is the date certified by CITY and or Program Manager when ail conditions and requirernents of permits' end regulatoy agencies have been . satisfied and the Work Is sufficiently complete In accordance with the Contract Documents, so the Project is available for beneficial occupancy by CITY. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the Issuance of a Certificate of Occupancy or the date thereof Is not to be determinative of the achievement or date of Substantial Completion. Page 124 City of Miami Beach aopydght C 1004 The Gordian Group March 2004 .Project Manual List of 'items . toi be completed or corrected, prepared by CITY and of Program Manager, Is attached hereto. The failure'to Include any items on such list cities not 'alter the responsibility of CONTRACTOR to complete ail work in accordance with the Contract Documents. The date of commencement of warranties for Items on the attached list will be the date of final payment unless otherwise agreed In writing. City and/or Program Manager By 'Date • • Iti iaccordance with Section 2.2 of the Contract, CONTRACTOR will cornplete Or correct the work on the list of items attached hereto within • .from • the above Date of Substantial Completion, CITY and/or Program Manager By Date 'C'lTY, through the Contract Administrator, accepts the Work or portion thereof designated by CITY as substantially complete and will assume full possession 'thereof at (time) On (date). • 'City of Miami Beach; Florida By Contract Administrator Date The responsibilities of CITY and CONTRACTOR for security, maintenance, 'heat, utiiitiee, damage to the work and insurance shall be as follows: r March 2004 City of Miami Reach Page 125 oopydphl o 50041 Th. Go,Ci.n Group Proleot ManBai 00926 :FINAL CERTIFICATE OF PAYMENT PROJECT: . CITY AND OR (name, address) PROGRAM MANAGER: BID/CONTRACT NUMBER: TO (CITY): . CONTRACTOR: . PROJECT NUMBER: • NOTICE TO PROCEED DATE:., • DATE OF ISSUANCE: .. . All conditions or requirements of any permlta or regulatory egencies have been satisfied. The •documents required by Section 6.2 of the Contract, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision .of the Contract Documents and is accepted under the terms and conditions thereof. CITY and/or Program Manager By Date • CITY and/or Program Manager By Date CITY, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (time) (date). • CITY of Miami Beach, FCorida - By Contract Administrator Date Page 126 City of Miami Beach March 2004 copyright c 2Q 4 TN Gordian Group • . • ProjectManual .00930 FORM OF FINAL RECEIPT The'following form Will be used to show receipt of final payrrieht for this Job Order. FINAL RECEIPT FOR CONTRACT NO. Recelved this • . day of , 20 from • City of Miami Beach, F'lorlda, the sum of Dollars ($ ) as full and final payment to CONTRACTOR for all ►work end materials for the Project described as: This sum included full and final payment' for ail extra work and material and all incidentals. CONTRACTOR hereby Indemnifies` and releases CITY from 'all liens and claims whatsoever arising out of the Contract and Project. CONTRACTOR hereby certifies that ail persons. .doing work upon or furnishing materials or supplies for the Project have been paid In full. In lieu of this . certification regarding payment for work, materials and supplies, CONTRACTOR May submit a consent of surety to final payment In a form satisfactory to CITY. CONTRACTOR further certified that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. lif incorporated sign below.] CQNTRACTOR ATTEST: Secretary (CORPORATE SEAL) Name •By Title Date: March 2004 City of Miami Beach cowl& C 2034th.crawsoroup Page 127 Project M8ri al ' rlf not Incorporated slgn'below.] CONTRACTOR W ITNES'SES: Name By Date: 'Page 128 City of Miami Beach March 2004 ' copyrIght a 2034 n» Gordian Oro* • . • 01000 ADDENDA•AlNID MobiFICATIONS .Project All addenda and other modificatiOne made prior to lhe tittle and date of bid • opening shall be issued as separate documents identified as changes to the 'Contract Documents.. 'March 2004 . • „ City of Miami Beach Page 129 coprighto 2004 The Gonilan croup • Project Manual TABLE CF.CONTENTS • . . FOR 'ill E • Jot SUPPLEMENTAL •GENERAL CONDITIONS ARTICLE • ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 • ARTICLE 8 'ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ..ARTICLE 16 •ARTICLE 17 ARTICLE 18 • : ARTICLE 19 ARTICLE 20 :. ARTICLE 21 :'ARTICLE 22 .:.ARTICLE 23 ' ARTICLE 24 -::ARTICLE 25 ,ARTICLE 28 ARTICLE 27 ' ARTICLE 28 ARTICLE 29 • ARTICLE 30 ARTICLE 31 THE CONTRACT 133 INTERPRETATION OF THE CONTRACT DOCUMENTS 134 .. CONTRACT PERFORMANCE PERIOD 135 OPTION TO EXTEND CONTRACT PERFORMANCE 135 OPTION TO UNILATERALLY EXTEND CONTRACT 135 ECONOMIC PRICE ADJUSTMENT - (APPLICABLE TO THE • OPTION PERIODS ONLY) 138 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION136 CHARACTER OF THE WORK 137 MEANS AND METHODS OF CONSTRUCTION 137 CONTRACTOR'S STAFF i38, COMPETENCE OF WORKMEN 138 ORDERING WORK 139 CONTRACTORS RESPONSIBILITY TO BECOME FAMILIAR ...WITH THE WORK......:.... • ,,.....144 MEASUREMENTS TO BE VERIFIED 144 • FINAL INSPECTION, ACCEPTANCE AND JOB ORDER COMPLETION i44 • CITY FURNISHED EQUIPMENT/MATERIALS 146 SALVAGE AND SALVAGE DISPOSAL 146 WORK BY OTHERS HIRED OR EMPLOYED BY THE CITY146 :LIQUIDATED DAMAGES 146 REQUESTS FOR INFORMATION OR APPROVAL 147 CONTRACT ADMINISTRATOR 147 THE PROJECT COORDINATOR/PROGRAM MANAGER 148 THE INSPECTOR 149 SITE PREPARATION AND CLEANUP 149 ON -SITE STORAGE - 149 DISRUPTION OF COMMUNITY ACTIVITIES 150 TRUCKING , • 150 • EXISTING ELEVATORS : 150 CONSTRUCTION ELEVATORS, ETC. 150 ACCESS TO BUILDINGSAND SECURITY 151 EQUIPMENT AND FURNITURE 151 . January 2004 City of Miami Beach oop1lphl C 2004 The Scrawl Group • Pagel • Protect 'Manual ARTICLE 32 ARTICLE 33 ARTICLE 34 ARTICLE 35 .. 'ARTICLE 36 ARTICLE 37 ARTICLE 36 ARTICLE 39 ARTICLE 40 • ARTICLE 41 . ARTICLE 42 ARTICLE 43 ARTICLE 44 ARTICLE 45 ARTICLE 46 ARTICLE 47 ARTICLE 48 • ARTICLE 49 ARTICLE 50 ARTICLE 51 ARTICLE 52 ARTICLE 53 APPLICABLE REGULATIONS 151 ENVIRONMENTAL PROTECTION 153 PROTECTION OF WORK AND PROPERTY 153 •FLOOR LOADING 155 .PROJECT SITE MAINTENANCE 155 . MATERIAL AND EQUIPMENT PROTECTION AND SECURITY . 1 155 • EXPLOSIVES AND BLASTING 156 CUTTING AND PATCHING 157 BARRIERS 157 • POLLUTION CONTROL 157 TEMPORARY SERVICES AND UTILITIES • 158 • . HOURS OF WORK AND ACCESS 161 • ALL LEGAL PROVISIONS DEEMED INCLUDED 161 ARCHITECTURAL AND ENGINEERING SERVICES • 161 WORK INVOLVING HAZARDOUS MATERIALS 162 PRE -CONSTRUCTION CONFERENCE 162 . JOB MEETINGS 4 j 162 • ENERGY CONSERVATION 163 ' INTERGOVERNMENTAL PURCHASING AGREEMENT 183 COMPUTER REQUIREMENTS 183 CITY FURNISHED SOFTWARE 164 COMMUNICATIONS 184 Page 11 City of Miami Beach January 2004 copyright 020611U Lndkn Group • Project Manual 'blotto JOC SUPPLEMENTAL -CONDITIONS I QNS ARTICLE 1 • THE CONTRACT 1.1. The Contract Oocurrients far the Contract. The Contract represents the entire Integrated agreement between' 'the parties and supersedes all prior . negotiations, representations and agreements, either written or oral including the bidding documents. 1.2. The Ccrtitract Documents'shalt I'nciude: VOLUME I:. 'Project Manuel VOLUME lib: Construction Task Catalog .VOLUME lib:. Construction Task Catalog VOLUME ilia: Technical Specifications VOLUME Illb: Technical Specifications VOLUME Illc: Technical Specifications 1.3. Overview of the Contract Job Order 'Contact (JOC) Is a competltively bid, firm -fixed -price'• indefinite quantity contract. :It includes a collection of detailed repair and construction tasks and specifications that have established unit prices. It Is placed with e • Contractor for the accomplishment of repair, alteration, modernization, rehabilitation, construction, etc., of buildings, structures, or other real property. Ordering is accomplished by means of issuance of a Job Order against the Contract. 1:3.2. Under the JOC concept, the 'Contractor furnishes management, labor, . materials, equipment and architectural ,and engineering services required to support Individual Job Orders. 1.3.3. The JOC contract includes a Construction Task Catalog (CTC). The .CTC was developed by the CITY and is based on the use of experienced . labor and high quality materials. The CTC also incorporates local activity, climate and geographic features. 1.3.4. Bidders will' offer (2) sets of adjustment factors that will be applled against the prices set forth in the Construction Task Catalog (CTC). One set will be for work when Davis Bacon Wage decisions will not apply for construction performed during normal or other than normal • working hours with and without Architectural and Engineering Services. The second set will be for work when Davis Bacon Wage Decisions do apply for construction performed during normal or other than normal working hours with and without Architectural and . March 2004 City of Miami Beach Page 133 ccpTTIGhI O 2004 Th. Goldin Group • *. .projeict Manuel Engineering Services. These 'adjustment factors will be used to price ndividual scopes of work by multiplying the adjustment factor by the unit prices and quantities. 1.3.5. As Job Order Contract requirements are identified by the. CITY, the Contractor will be issued a Request for Proposal and will be required .to develop a detailed price proposal. The Contractor will submit their price proposal to the CITY. If the Contractor's proposal Is found acceptable, a JOVOrder may •be Issued at the agreed upon units, • Which when , multiplied by the unit price and Contract adjustment factor, Will establish the firm fixed Lump Sum price for the Job Order. .1..3.6. The JOC 'COI:wept also InCludee a proVidion for the establithrnent of .prices for work requirements that are within the general scope of work but were not included in the CTC at the tittle of Ccintract award. These tasks are, referred to at "Non Pre,prIced Items". Non Pre - .priced (NPP) items may require the establishment of specifications and drawings and may subtequently be Incorporated into the CTC. • • • ARTICLE 2 INTERPRETATION OF THE CONTRACT DOCUMENTS • • Vporr its own Initiative or the Contratiorls written request, the CITY may issue ' • written interpretation of Drawings (if any) and Specifications necessary for the proper execution or progress of the Work which Interpretations shall be consistent with and reasonably Inferable' from the Contract Documents. •'. 2.2. The imperative language of the Contract •DOcuments. Is directed at the • Contractor unless otherwise stated. ' 2.3. The orgariliatiOn of the Contract DOCuments Into Construction Specification's Institute ("CBI") divisions, sections, and articles, and the arrangement of • Drawings If any, shall not restrict the Contractor In dividing the Work among • • Subcontractors or In establishing the extent of Work to be performed by any trade. 2.j4; • The JOC Project •Mahual Including the' JOC . Supplemental CondlliOna Shall . . apply to all contracts or subcontracts for the work covered by these specifications. . . . • • . . • • .2.5. ThewOrk under this contract Shall include everything 'described, indicated or shown in the Contract Documents as defined In Article 1. . 2.6. In any action or proceeding to enforca rights under this Agreementand any • appeals arising there from, the prevailing party shall be entitled to recover • from the other party its reasonable attorneys' fees, costs and expenses. • Page 134 City of Miami Beach .opprighte2ammickmianomup March 2004 PrOjeot Manuel • ARTICLE'3 CONTRACT PERI=ORMANCE PERIOD • The• Contract performance-. period is twelve (12) Months •from the date of • award of the Contract or the achievement of the Maximum Contract Term •Value of $2,000,000 for 12-03/04 and 13-03/04 and $5,000,000 for 14-03104. The CITY shall have the option to extend the term of each Contract for four additional Contract Terms of twelve (12) months each. The total Contract Performance period shall not exceed twelve (12) months each. The total • Contract Performance period shall not extend beyond sixty (60) months. Job . Orders placed prior to, •but not completed by the expiration of this Contract, • will be completed with all provisions of this Contract still in force. ' 3.2. A Job Order Completion Time for each Job Order Issued. under this Contract" will be determined in accordance with Article 12-Ordering Procedures. • 3.3. = CITY is entitled to and expects full 'contract performance from •the Contract award date. Contractor should commence any mobilization activities as soon . as practical after contract award, but before work on Individual Job Orders begins. • ARTICLE 4 OPTION TO EXTEND•CONTRACT PERFORMANCE • 4.1. ` CITY may 'not extend any Individuai'JOC contract •terrriboyond one .(1) year. • Therefore, 'If during the one (1) year contract term, the Contractor fails to reach the Maximum Contract Term Value, the Contract will still terminate, 'unless an option term is exercised. If there is unused contract value left on an Individual Contract term when It eXplres after one (1) year, CITY shall carry any unused value over to any additional Contract terms. • -ARTICLE 5 _ OPTION TO UNILATERALLY EXTEND CONTRACT • ' ' 5.1. . The Contract Ccintalns •an Option t6' Extend Provision; for four (4) additional one (1) year contract terms. The CITY has the unilateral option to extend. Procedure for exercising option: ' 5.1.1. Three (3) "months prior to the Contract expiration date, 'the Contract Administrator, If he desires, ;shall issue the Contract or a 'preliminary 'written notice of its intent to extend for an additional Contract term • before the Contract expires. 5.1.2 • The extension shall be •accomplished 'prior 'to currentexpiration date. • Actual extension to contract shall be accomplished by written • • notification. . • 5.1.3 The total duration of this Contract, including the :exercising of the • option terms, shall not exceed five (5) years. March 2004 City of Miami Beach Page 135 oopydphl O 2C0/ 1M Gordian troop • ' ' Project Manual . . . . . • • , • ' ARTICLE '6 , .ECONOM1C :PRICE ADJUSTMENT • (APPLICABLE TO THE • ' 'OPTION PERIODS ONLY) .. ' .6.1. This 'Article provides a Meant .t6 adjust the. cOntractors Adjustment Factors . . •• , .. . . on an annual basis from the dale of the Contract award using actual • escilatiOnkle-estalatiOn as measured by the Construction -Cost Index (CCI) published In the ENR (formally knoWn as Engineering News Record) Calculated for the U.S. Twenty (20) City Index. . . . The "Original Adjustment Factors' are MoteAdjustment FeotOrs submitted With the Contractors Bid that remain in effect for a one year period beginning with the date' of Contract aWard. Providing the Contract Is still In effect, the Contractor's Adjustment Factors shall be recalculated .at each annual anniversary date of the Contract award (Le. in beginning of month 13,25, 37 •and 49 of the Contract). . . . . • 6.3. CCI indices are published Monthly. The "base year" fOrthe purposes of this • provision Is the 12-month period prior to the Contract award. The "base year • index" Is determined by summing the•monthly CCI indices beginning with the month prior to the Award date for each of the 12 months of the 'base year" • and dividing by 12. The result le the average CCI for the "base year." .6.4.. • The year" is the 12 Morithperlad following the initial COntract aWard. • • The "contract year index" is determined by summing the monthly CCI Indices fOr the 'initial 12-month contract period and dividing by 12.. The result Is the average CCI for the "contract year." . 6.5: '- The Economic Price Adjustment for. months 13-24 'of the •Contract • It deterinined by diViding the "contract yeatindee by the "base 'year index." The 'Contractors Adjustment Factors for months 13-24 of the Contract are determined by multiplying' the Economic Price Adjustment by the "original Adjustment Factors". The Economic Price Adjustment for months 25-36, 37- 48, and 49-60 will be calculated In an Identical manner, sliding the "year index" and the "contract year index" 12 months forward. • 6.6. All the above computations shall be carried Id five (5) decimal platet and • then rounded to four (4) decimal places. Rounding of numbers. shall be accomplished by Increasing the fourth decimal place If the fifth deOlmal is equal to five or greater. If the fifth decimal place is equal to four or less, the fourth decimal shall remain unchanged. • • • ARTICLE 7 • SPECIFICATIONS ANO.DRAWINGS FOR CONSTRUCTION • 7.1. The -CITY Is not required tO furnish draWings or additional specifications for Job Orders issued under this coniratt. The CITY may, however, choose to .Page 136 City of Miami Beach March 2004 .00pyriphi C 1C04 The MOM Group • Project Maiival do so. If CITY •provides such drawings and additional 'specifications the provision listed below shall apply. • 7.2. In caaa' of conflict between requirements, the requirement which Meets all the Codes and, which in the opinion of the CITY is more advantageous to the CITY, shall govem. ARTICLE S CHARACTER OF THE WORK •.8.1. : The Work to be performed .by the Contractor In •connection with each Job Order will be described in the Detailed Scope of Work Issued with each Request for Proposal.• - 8.2. . Unless otherwise expressly provided in a Job Order, the Work must be performed in accordance with the best, modem practice, • with' materials and Workmanship of the highest quality, to the satisfaction of the CITY. 8.3. In addition to the standards that are prescribed herein, all Work shall conform to fire and safety regulations prescribed In the CITY of Miami Beach Building Code, and all codes and standards referenced therein,inclusive of the Florida • 'Building Code, and any drawings or specifications provided. .8.4. Any Material or operation required under this contract shall coMply, as they pertain, with the specifications and instructions of a manufacturer, the established standards of The American Society for Testing .Materials (ASTM). .The American institute of Steel Construction (AISC), The'American Standards •Association (ASA), The American Welding Society (AWS), or other industry 'recognized standards. In the case of conflict between recognized standard Specifications and those specifications contained In the Contract Documents, the most stringent shall govern. : In case standards .for materials end Operations are not listed, the CITY reserves the right to cite those accepted by the profession involved and •require that such standards be adhered to in •the performance of the Work. ARTICLE 9 MEANS AND METHOD8'OFCONSTRUCTION 9.1. The Mearis and Methods of Construction shall be such as the Contractor may choose; subject, however, to the City's right to reject means and methods proposed by the Contractor that: 9.1.1. Will constitute or create a hazard to 'the Work, or to persons or property; or • 9.1.2. . Will not produce finished Work in accordance with the terms of the Contract; or March 2004 City of Miami Beach mpyrgx a 20471w Go+ai*n Group Page 137 • • •: Project Manual • 9.1.3. Unnecessarily Increase the price. of the Job • Order When alternative means and methods are available. 9.2. The CIty's approval of'the Contractor's'Means and iviethods of Construction; or its failure to exercise Its 'right to reject such mean* or methods, shall not •• :relieve the Contractor of Its obligation•to-accomplish the result Intended by a . .Job Order; nor shall the exercise of such right to reject create a cause of action for damages. ARTICLE 70 • CONTRACTOR1S STAFF • • 10.1. General:' The Contractor shall, immediately Upon receiving a fully executed .copy of this Contract, assign • and maintain during the term Of this Contract and any extension of it, pn adequate •staff of competent personnel kiho are fully equipped, licensed as appropriate,qualifled and assigned exclusively to perform the Work The Contractor ;Shall provide the CITY with the qualifications of the individuals who will'serve In those positions listed below. . The minimum experience of each individual below shall be at least five (5) . years. . 10:2. • At a minimum, the Contractor shall have at 'ail time* a Project Manager, • Estimator and Superintendent assigned to this Contract. Additional staff shall be assigned depending on the volume of Work. The Contractor shall be 'responsible for managing, supervising and directing its Subcontractors. • 10.3. Should the'CITY'deem the. perforrance of any employees of the Contractor • . • unsatisfactory, the Contractor shall terminate the involvement of such • 'employees In aii'areasof Contract performance. ARTICLE 11 • . COMPETENCE OF WORKMEN 11.1. Every worker on any part of this Contract shall be competent to perform the task to which he/she is assigned. For both direct and subcontract work .perforrance, the Contractor shall be responsible for and shall insure that no 'critical facility or utility equipment (plant type equipment) construction or repair ' work Is performed by personnel with an experience level Tess than Journeyperson. However, personnel with lesser experience may serve as a • helper. !n all instances, for any work performed under contract, personnel who have an experience level below journeyperson shall be under the Immediate supervision of a person with experience level at or above . • journeyperson as appropriate to the occasion. The Contractor shall assure that a journeyperson, foreperson; master, etc., as appropriate, performs or supervises all required work or services., • . • .page 138 City of Miami Beach March 2004 co I;h O 2C04 The Gordian Group ,Project Manua! The •Contractor shall assure that a'Journeyperson, foreperson, master, etc., as appropriate, who Is capable of directing the Work, performs or supervises all required Work or services. • 11.3.'. Coriditiohs which require the conslant presence of a •CITY"Inspector to assure the quality of the work will not be tolerated. Any worker who does not produce quality workmanship through lack of cooperation or incompetence • Shall be promptly removed from the Job upon written order by the CITY. The • judge of quality of workmanship shall be solely determined by the CITY. • 1.1.4. On any 'Federally Funded projects the Davis -Bacon Act 'standard rules apply' . to this contract, AR71CL'E 12 ORDERING WORK • 12.1. Initiation: of a Jab Order • 12,1.1. As the need exists for performance by the 'Contractor under the terms • of this Contract, the CITY will notify the Contractor of a Joint Scope • • Meeting. 12.2. -Upon this notice, the Contractor shall respond to the needs of CITY within' two (2) working days by: . 12.2.1..1=stablishing verbal contact With CITY to further define the scope Of the requirement, and . . 12.2.2. Visiting the proposed work site In the •. company of 'a CITY . -representative, and participating in a Joint Scope meeting which will include discussion and establishment of the following: project number and title . the detailed scope of the Work existing site Conditions : methods and alternatives for aCcbrrmpiishing the Work access to the Site and protocol for admission ' hours of operation staging area requirements for catalog cuts, technical data, Samples and Shop Drawings requirementsfor engineering and architectural services including sketches, Drawings, 'Specifications, .and as-bullts •} March 2004 City of Miami Beach copyright 020 4 The Oadlon Dap Page139 • • • •• • . • • ...Project' Manual , ' • Peellminaty'quantitytethates • • the applicable Wage Decision •for Federally Funded Objects • Constrtictionduration „ . damages ' • • . . . . specific quality reiitilrementatt eqUIPMant and Material • the presence 6f hazardous materials • date Ori 'Which Job Order Noe. PrOpbsal is due • .1.2.3. After the .Joirit &OEN' phocesay• the' Contractor and the 'CITY Will agree on a Detailed Scope of Work, together with a tentative .schedule, any sketches, • . " Drawings and Specifications required to edequately d6cument the Work to be • •• eccompilshed. The Detailed Scope of Work, unless modified by both the • '.•Contractor and the CITY, will be the' basis on. which 'the Contractor WIII aevelop Its Job Order Price • Proposal and the. CITY will evaluate the Job •• Order Price Proposal. 12.4. 'Upon"completion of the joint scope 'theating and the Detailed Scapa cif Work • the CITY will Issue a Request For Proposal (RFP) which requires the •Contractor prepare a price proposal forthe work under consideration by the . • date indicated on the •RFP. , . 12.5. The •Contractor will prepare the Job Order Price Proposal In accordance with • . the following: . • • • .. 12.5.1. Pre -priced work requirements. i Pre -priced Work' requirements wilt identify the type arid number of work units req'ulred from the Volume • II Construction Task Catalog. The price per unit set forth In the • Construction Task Catalog :shall serve as the base price for the purpose of the Operation of this Provision. The Contractors •Job Order Price Proposal shall Include support documentation to indicate that adequate engineering and planning for the requirement has been •done, and that the work units proposed are 'reasonable for the tasks . • to be performed. Documentation to be submitted with the Job Order • Price Proposal shell include,. but not be limited to, drawings, • . • calculations, catalog t uts, tipecificatiOns, .and •architectural • renderings. • • . . , . 12.5.2. Non. Pre -priced Work Redulrenients: UnItS of wOrk not included in the Construction Task Catalog but within the general scope and intent of this Contract may be incorporated Into this Contract as needs arise. Such work requirements shall be incorporated into and made a part of thls 'Contract for the Job Order to .which they pertain, and may be Incorporated Into the ConstructIon Task Catalog If determined • • '• • • • Page 140 City of Miami Beach March 2004 ciapyrighl • 9C04 The Cierdian Gra* March 2004 Project Manual • appr,prlete • by CITY at the base price determined in this •provislon. • Non Pre -priced work requlrements'shall be separately Identified and • submitted In the Job Order Price Proposal. Information submitted in support of non pre -priced work shall Include, but not be 1in11ted to, the following: . E 12.5.2.1, Complete -specifications and techriical data;•includirig work . unit content, support drawings, work task cost data, quality • control and inspection requirements. 12.5.2.2: Work schedule. 1 12.5.2.3. Costing data,.subrnitted in support of Non Pre -priced Tasks shall include a'cost analysis report, establishing the basis for selecting the approach proposed for accomplishment of • : the requirements,Unless otherwise directed by the CITY, • •Costing date Will • •be -submitted demonstrating that the • Contractor sought . and received three quotes. • • The • Contractor shall provide ;an Installed unit price . , (or demolition price If appropriate) which shall lncludo all costs required to accomplish the Non Pre -priced Task. 12.5.2.4. 'The final price subrriitted for Non Pr'e-priced Tasks shall be according to the following formula: A = Direct Labor Cost (up through 'the :foreman. level and • including fringe benefits) • B = Direct Material 'Costs (supported by quotes) . •C = Direct Equipment Costs (supported by equiprnent .amortization data) . • D = Subcontractor Costs (supported by quotes) E = Allowable Over Head Costs' = A x 55% F.= Allowable Profit = (A + B + C) x TO% G = •SubconbactorAllowarice = D x•1D% Total Cost of Non'Pre-Priced Task =•A +>B + C +D + E +.F + • G *A, B, C, E and F only apply to work self -performed by the Contractor. • and G .only . apply to work •self -performed by Subcontractor's. • City of Miami Beach Page 141 uoPY•Wh1 O 9GM The Gordian Gm* • • Prejebt Manual • • 12.5.2.5. Following approval by the CITY of a Non Pre -prided 'Task and unit price, the Non Pre -priced Task unit price will be loaded Into the computer data base. 12.5.2.6. The -total extended Once for the Non Pie -priced Task will be determined by multiplying the unit price by the quantity required. The price offered In the Job Order Price Proposal will be determined by Multiplying the total .• extended price by art ladjustmentfactor of 1.0000. 12.5.2.7. After using anon pre -priced item an 'three separate Job Orders, the CITY reserves the right to include -the unit price for the work item as a pre -priced item Into the CTC which . would become a permanent Item and no longer require price Justification. • • . 12.53. The COritraCtor's Job Order !Piled PrOpoSal shall • 12.5.3.1. Cost Proposal: • 12:5.3.2. Ardhitecturel or• Engineering Drawings Or Sketthes • required. • • • 12.5.3.4: CatitiOg cut's; technical delta orseirriples required 12.5.3.5. List Of anticipated .86 b'contriktors arid Mateiriairneiri 12.5.3.6. .Construction achedule; Certificates for any Special insurance required: 12.5.3.8. Sample warranties or guarantees for materials, equipment or systems proposed; • 12.5.39 Schedule Of Valuee if required. . • • 12.5.4. The .COritractOr% Job Order P'rIce PropOsal shallbe submitted in accordance with the date indicated on the RFP. .Unless otherwise stated on the RFP, the Price Proposal will be due lib longer than five • (5) working days after the issuance of the RFP. The CITY may allow additional time for preparation of the Contractor's Job Order Price • Proposal for complex Job Orders requiring engineering/architectural • drawings and approvals and permits, Allowance will be made to .provide adequate the for preparation and submittal of the necessary •documents and the Job Order Price Proposal and so reflected In the Job Order Price Proposal due date entered on the RFP. In •.emergency work situations and minor maintenance and repair Job. Orders requiring Immediate 'completion, the Contractor's Job Order Include, at a as . , •• Page 142 City of Miami Beach oopyrIghl • 51:04 The Gordian Group March 2004 • , „ „ Project .Mantiai Price Proposal may be required •quickly and the due date Will be so Indicated on the RFP. 12.6.' Review of the Job Order Price Proposal amid iseuence of Job Order ' • . 12.6.1. The CITY shall eValuate the entire Job Order Price • Proposal 'and • proposed tasks and compere these with the CITY'S coat estimate of 'the Detailed Scope of Work to determine the •reasonableness of approach, including the nature and quantity of tasks proposed. 12:61. • •CITY reserves the right to reject a Contractor Job Order Price • Proposal based on Unjustifiable quantities, performance periods, • Inadequate documentation, . or other inconsistencies .on the Contractor's part, or for any other reason. CITY also reserves the right to not award an order If City's requirement is no longer valid or the proposed cost exceeds =CITY estimate. In these Instances, the Contractor has no right of claim to recoup Job Order Price Proposal . expenses. The CITY may pursue the performance of such Work by • other means. . 12.6.3 By submitting a signed Job Order Price Proposal to the CITY, the Contractor agrees to accomplish the Work set forth in the Detailed • Scope of Work in accordance with the•Request for Proposal at the price submitted. It Is the Contractor's responsibility to Include the necessary tasks and quantities In the Job Order Price Proposal prior • to delivering It to the CITY. , - 12.6.4 Each Job Order .provided to the Contractor shall reference the Detailed Scope of Work and set forth the fixed price to be paid and • the Job Order Completion Time; All clauses of this Contract shall be applicable to each Job Order.. The Job Order shall be signed by the .CITY and delivered to the Contractor for signature. The Contractor ' shall sign a copy of evidencing acceptance of the Job Order. • 12.6.6. • in .the event that irhmediate emergency "response is necessary the Contractor shall be required 'to follow alternative procedures as •, established by the CITY. This alternate procedure may be more burdensome to the CONTRACTOR than the procedures described In this section. The Contractor shall begin Work as directed not withstanding the absence of a fully•developed'Request for Proposal, Detailed Scope of Work, or Job Order. The Contractor shall be compensated in accordance with the CTC and Non Pre -priced Tasks as if the Work had been ordered under the standard procedures. 12.6.6. if the City finds inconsistencies .with. the Contractors Price Proposal the CITY may request the•Contractor to re -submit its Price Proposal or cancel the Job Order... If the Contractor consistently submits Price March 2004 City of Miami Beach • eapyrlpht0 20347M Oordln Oiclp Page 143 • ..:Project Manual • Proposals Which are rejected by the CITY, he CITY may deCiare the Contractor in default and initiate termination of the Contract, according toArtide 15 of the General COnditions. • 12.6.7. After the"CITY has reviewed 'the Cohtrattoilt Price Proposal and an agreement has been reached as to the nature of the revisiona, If any, the Contractor Is not allowed to make any changes to the revised Price Proposal other than the changes agreed to. ARTICLE' 13 CONTRACTORS RESPONSIBILITY TO Btcome FAMILIAR' WITH THE WORK . . . . . . . • . . .. , • , , . , . 13.1. 'The COntribtor Is 'required toInspect the site of the. work Of each Jab Order . • •and to examine and become familiar with the Detailed Scope of Work, plans, specifications and all other contract documents pertaining to the proposed work. The submission of a .Job OrderPrice Proposal shall be sufficient to eatablish the presumption that the Contractor his 'investigated the site of the • •Work and is satisfied as to all reasonable conditions to be encountered, ' :quantity and quality of the. work to be performed and materials furnished in '• ". • the completion thereof. . i • I .13.2. • 'tiniest etheirWite directed, CITY will fu'rnish dubsUrfeeti inforrnation •through . the use of borings. If, In the course of the Work, subsurface conditions vary • . • . . Materially from the record indicated by the borings,•the Contractor shall give :immediate notification, in writing, of 'such variation to the CITY and the Contract price shall be •adjusted by Unit prices established in the bid or • • agreement, as appropriate.. . • . .. . . . 13.3: ' COntrectOrla required to examine and be fatniliar 'with existing. Contracts' arid . • Work being constructed. ..ARTICLE. 14 . MEASUREMENTST*06E VERIFIED • •• 14.1. Before Ordering any material or doing any Work, the Contractor shall verify ail measurements at the site of a specific Job Order, and shall be responsible for the correctness of same. No extra charge or compensation will be allowed on ...'account of difference between actual dimensions and the measurements indicated In the RFP. Any differefice,.whIch may be found, shall be submitted • to CITY for Consideration before proceeding with the work. . , . ARTICLE 15 FINAL INSPECTiON, COMPLETION ' ' 15.1. ContraCtoris Punch List ! , ACCEPTANCE AND JOB ' ORDER .--• Page 144 .• • . • City of Miami Beach coPirlaht, ION Ihs Gorcilmn Citaup March 2004 • Project tYl:ai<nua 16.1.1. When the Work Is near completion, the Contractor, CITY and or Program Manager shall inspect the Work and the Contractor shall prepare a list of all Items remaining on the Work prior to final completion. Said list shall be known as the Contractor's Punch List. ' 15.1.2. The Cortractor shall'proceed to complete orcortect all 'sterns listed on • the Contractor's Punch •List and verify that the items have been • . completed or corrected by signing said Punch List. ' 15:1.3:.7he Contractor shall submit'the signed Contractor's •Puhch "let to'the' CITY and or Program Manager with a request for a Final Inspection • of the Work. • 15.2 The CITY's Punch'List' 15.2:1. Upon recelpt of the Contra'ctor's'.request, the CITY and or 'Program ' •Manager shall conduct a Final Inspection to determine whether the Work complies with the Contract Documents. . • • • 15.2.2. At the' conclusion of the F=1ra1 ' Inspection; the CITY and or•program ,' Manager shall notify the •Contractor of any tents remaining which Is In a deficient or unacceptable condition. Said list .shall be known as the City's Punch List. 15.3. Correction of the CITY'S' Punch List 15.3.1. Within 3 days of receipt of the City's •Punch List, the Contractor Shall • • commence correcting all items on the City's Punch' List. '15.3.2. • If 'the Contractor does'hot complete the Iterns on the' Owner's Minch • • . •List within 10 days of receipt of the Owner's Punch List, the provision • in Article 15 of the General Conditions may be invoked. • 15.3.3. If the Work 'On the City's'Punch List.csrtinnt'be completed Within the stated time, the Contractor shall justify to the approval of the CITY .and or Program Manager why Items cannot be completed and a mutual time will be agreed Upon when such heirs will be completed. If liquidated damages have been applied to the Job Order, this time in no way effects the original contract schedule. 16.3.4'. • Failure of the' CITY.and .or Prtigram Manager to. include any Bern on . the City's Punch List shall not alter the responsibility of the Contractor to complete ail the Work In accordance with the Contract Documents. 15.4, ,penis discovered after the original Punch'Listwhichare part of the Job Order • shall be completed under warranty and within •10 days of notificatlon•to the Contractor. • March 2004 City of Miami Beach Page 145 cog prIght 0 20041M Gotim Group • . Project Manual ARTICLE 18 CITY FURNISHED EQUIPMENT/MATERIALS. • 16.1. •)From time to time CITY may elect to Supply Its own rriaterials and/or equipment for a specific project. In those cases the Contractor shall provide transportation of any CITY furnished equipment/materials included on the Job Order. The Contractor shall be paid for transportation of said materials by means of the appropriate line Items from the CTC Included in its Job Order • Price Proposal. The equipment/materials will be transported from CITY storage area to the •work site indicated on the Job Order. The Contractor assumes the risk and responsibility for'the loss or damage to City furnished property. The Contractor shall follow the instructions of City's representative regarding the disposition of all City -furnished property not consumed in performance of a Job Order. • • • 'ARTICLE 17 SALVAGE AND SALVAGE DISPOSAL 17.1. The •material and equipment which are removed or dlsconnedted and, in the opinion of CITY, are of value, but are not specified for reuse, shall remain the property of CITY. CITY representative•shall be informed of the presence of the property and disposition instructions:Shall be requested. 17.2. Debris, rubbish, hazardous waste, and non -usable Material resulting from the work under this Contract to which CITY does not claim a further interest as a result of the preceding paragraph, shall be disposed of by and at the expense of the Contractor at a location off CITY property. Hazardous wastes must be • • disposed of in accordance with the Resource Conservation and Recovery Act and state end local regulations. The contract adjustment factor includes the cost of all clean-up, including final cleanup on each individual Job Order. • • ARTICLE 18 WORK BY OTHERS HIRED P OR EMPLOYED BY THE CITY 18.1. CITY reserves the right to undertake performance by other Contractors or CITY forces for the same type or similar work as provided for hereunder, as CITY deems necessary or desirable, and to do so will not breach or otherwise violate this Contract. The specific Detailed Scope of Work contracted for hereunder shall be defined by the individual Job Order issued. AI~t`TICLE 1g LIQUIDATED DAMAGES • . 19.1 Timely completion'of Job Orders Issued `under this Contract Is of the essence. Should the Contractor fall to complete the work specified in the Job Order, also see Article 2.3 in the General Conditions concerning Liquidated Damages. . Page 146 City of Miami Beach March 2004 copyright 0 2034 Th. QadI en Group ,PrOjeat Manual 19.2. Nothing .In this article • shall be .construed as limiting the • right* of CITY to proceed under Article 15 entitled '''Clty's Right to Terminate Contract" in the • General Conditions. 19.3.. -Nothing herein ContainedShall be construed as knifing' the right of the CITY to recover from the Contractor any end all amounts due or to become due, and any and all costs and expenses sustained by the CITY for Improper Performance .hereUnder, repudiation of the Contract by the Contractor, failure to perform or breaches in any other respect, including but not limited to defective workmanship ormaterials.: 19.4.. Liquidated •daMages received herein are not intended to be nor Shall they be •. treated as either a partial or full waiver or discharge of the City's right to ' Indemnification (as described In a separate article herein) or the Contractor's obligation -to Indemnify the CITY, or to any other remedy provided for by ' Contract or by Law. w . 10.5. The CITY will deduct and retain out of the monies which may become due • herein, the amount of any such liquidated damages; and In case the amount which may become due herein shall be less than the amount of liquidated damages suffered by the CITY, the Contractor or the Surety shall be liable to pay the difference upon demand by the CITY. :ARTICLE 20 REduts-ris FOR INFORliATION OR APPROVAL. 20.1. ••froni the to time as the Work .prOgresses and In thesequence indicated by the approved Progress Schedule, the Contractor must submit to the CITY a specific request In writing for each item of information or approval required by him. These requests must state the latest date upon which the information or approval is actually required by the Contractor, and must be submitted . sufficiently. in advance thereof to allow the CITY. a reasonable time to act • upon such submissions or any necessary re -submissions thereof. • ARTiCLE 21 CONTRACT AOMINISTFtATOR. 21.1. The City will assign a Contract Administrator end to oversee the execution of the Job Order • Contract. The Contract Administrator will manage and administer the JOC Program on behalf of the CITY and oversee the work of • :the Project Coordinators/Program Managers. 21.2. The contractor shall submit all dIspdtes and matters Which touch or relate to the contract, Including a claim for breach of contract, to the Contract ...Administrator, and hlslher/her decision shall be final and binding on .the . contractor and shall also be a conditiOh precedent to the right of the .• . I March 2004 City of Miami Beach copyright 0 2034 The Gordan Group Page 147 . . . • . PottijedeManual • Contractor to receive any monies under the Contract (except as otherwise • enumerated In the CITY General Conditions). . . . ;ARTICLE 22 THE PROJECT COORDINAIIORiPROGRAWMANAGEFt • 22.1. ' The. CITY'S Project •CoOrdinator/Program Manager, iri" 'addition' to those. matters elsewhere herein delegated !to the Project Coordinator/Program Manager end expressly made subject to his/her/her determination, direction or approval, shall have the CITY: 22.1.1. To deterMlne the amount or quantity, qUality,,and acceptability of the work and materials and location of the Work to be paid for hereunder; • , :22.1:2. • To detertnine all questions in relation to the 'Work and performance ' • thereof, to interpret the Detailed Scope of Work, Contract Drawings, • . • Specifications, and Addenda, and to resolve all patent inconsistencies or ambiguities therein; .. • 22:2.3. To deterMine how the Work of this Contract'shall becOordinated with •Work of Other Contractors engaged simultaneously on this Project, including the power to suspend any part of the Work, but not the • whole thereof; .22.1:4.. To make changeS. In the Work as the Project Coordinator/Program Manager 'deems necessary, Including the necessity for Issuing • ,additional Job Orders, howeversubject to review and approval by the Contract Administrator. 22.1.5. TO amplify theContract 'Drawingt, .add explanatory information and furnish additional Specifications and Drawings, consistent with the intent of the Detailed Scope of Work. • .22.1.6. :TO • suspend the' whole or any part of the Work whenever in. Its • judgment such suspension Is required (a) In the interest of the CITY 'generally, or (b) to coordinate Ihe Work of the various Contractors • .engaged on a specific Project, Or (c) to expedite the completion of a . . Project even though the completion of a particular Job Order may be ' •thereby delayed. 22.2. The fciregbIng -enumeration shall' not Irriply any limitation upOn the power of the Project CoordlnatorlProgram .Manager, for It is the Intent of this Contract that all of the Work shall generally be subject to its determination, direction or • approval, except where the determination, direction or approval of someone Other than the Project Coordinator/Program Manager is expressly called for -herein. • • • • Page 1413 City of Miami Beach March 2004 copyright V 2004 The Oerd[en Orme • Project Matival .ARTICLE 23 THE INSPECTOR . 23.1. The CITY may appoint such Orion'or persons as it•may deem necessa'ry•to inspect, at any time or times, the work done under this contract. The Inspector designated by the CITY shall be the representative of the Project .. Coordinator/program Manager at the Site, .and subject to review by the Protect Coordinator/Program Manager, shall have the power, In the first 'instance, to inspect, supervise and control the performance of the Work. • 23.2. Th'e'In8pector, shell not however, have the power to issue a Job Order for -Extra Work, and the performance of `such Work by the Contractor by direction of the inspector without thereafter °obtaining a Job Order duly signed and issued in accordance with the established • procedures .therefore, shall constitute a waiver of any right to extra compensation therefore. The Contractor is wamed •that the Inspector has no power to change the terms and provisions of this Contract in any respect. ARTICLE 24 SITE PREPARATION ANIJ 'CLEANUP' • The Contractor shall: .. •. , 24.1. •Coordinate with CITY on a sequence of procedures for gaining 'eaten to the premises, space for storage of materials and equipment, work of materials, • use of approaches, corridors stairways,. and similar features of a structure. This coordination is •required prior' to commencement of work at a time directed by CITY. 24.2. Move the'furniture and 'portable 'office equipment in'the immediate work area . to a designated location prior to start of work, and replace these Items to their . . original location upon completion of the work. The Contractor will be liable for damages incurred while moving furniture and equipment, and be responsible for contacting appropriate agencies for movement of vending machines. 24.3. Perforiii clean up end site restoration. prior to final walk-through inspection:. All projects shall be delivered In a clean, orderly and usable condition. t ARTICLE-25 ON -SITE STORAGE • 25.1. If, during' the course of the contract, the. Contractor finds it necessary to place temporary storage trailers containing materials and/or equipment on CITY .• property, an onsite area will be designated by the CITY. However, the CITY . assumes no responsibility for such stored material, equipment, buildings, or 'trailers. March 2004 Ity of Miami Beach copyright*20:4 0oidynGioup Page 149 • Project Manual 'ARTICLE 26 DISRUPTION at= COMMUNITY ACTIVITIES 28.1. The Contractor shall not .cause any disruption- to on -going community activities at the work site. Planned activities will be'coordinated with CITY . and construction will be accomplishedIn accordance with the schedule set forth in Job Orders Issued hereunder. : Schedule revisions shall be made . known to CITY on a timely basis. Work operations shall not create a nuisance t6 adjacent tenants or the surrounding neighborhood. ARTICLE 27 TRUCKING • ;27.1. The Contractor shall require that all trucks entering.of leeving'th'e project site with loose materials be loaded and covered In a manner that will prevent dropping of materials on streets while in transit. Suitable tarpaulins shall be placed over the Toads for materiais.subject to blowing. :ARTICLE 28' EXISTING ELEVATORS . 28.1. Any temporary use 'of existing elevators shall be' by iarrangerhent With CITY :staff. Such use will be of an Intermittent nature. The Contractor shall provide • 'and maintain suitable and adequate protectioncovering for the elevator machinery, the hatchway entrance, and the interior of elevator during the periods of temporary use. Elevators shall not be loaded in excess of the 'rated capacity of the elevator. 28.2. CITY will bear the cost .of electrical :current for .such temporary existing • elevator usage..On completion of the work, the Contractor shall remove the protective coverings together with any resultant dirt and debris. ARTICLE'29 CONSTRUCTION ELEVATORS, ETC. 29:1. The Contractor shall cbnstroct elevators, cranes arid other rigging; lifts, etc., • . as required for the work. 29.2. Ali such construction shall be 'carried alit as required by the local prevailing 'Building Codes within the City of Miami Beach and subject to the approval of the City. . 29.3. The Contractor shall maintain 'stairways throughoutthe whole height of the . • . structures In condition for safe usage by mechanics and others. Page 160 City of Miami Beach March 2004 oo yrtgnt 0 000. The Go d mn Group • . Project Manual ARTICLE30 'ACCESS TO.BUILDINGS'AND SECURITY 30:1. It shall 'be the Contractor's responsibility;'through.CITY and appropriate CITY 'staff, to obtain access to buildings and !abilities and arrange for the buildings to be opened and closed. It shall be' the Contractor's responsibility to arrange . for adequate security of the work sites) at the end of each work day and on • weekends. 30.2: • It is the responsibility of the Contractor to prohibit the opening of looked areas • . • by the Contractor's employees to permit the entrance of personal other than . . the Contractor's employees engaged in the performance of assigned work in those areas. i . ARTICLE 3'I EQUIPMENT AND FURNITURE 31.1. Furniture and portable equipment • tin the Immediate area of work will be moved by the Contractor and replaced to original position upon completion of - work. If the work required by the: Job Order will not allow furniture and portable office equipment to be replaced to its original positions, CITY will be notified and new locations will be designated by CITY for replacement of the furniture and equipment by the Contractor. • 31.2. Wark'of Materials and equipment ark accoMplithrnent 'of work shall be made with a minimum of interference to CITY operations and personnel. 31.3. The work shall, ,so far as practicable; be does' in definite'secticns or divisions' and confined to limited areas. Work shall be completed In the section before Work in other sections or divlslons are started. ARTICLE 32 •APPLICABLE REGULATIONS '32.1 The site of the Contract work Is on CITY property :andall rules and regulations issued covering fire, safety, sanitation, severe weather conditions, conduct of operations, etc., shall be observed by the Contractor, Contractor's erployees, and subcontractors. • The regulations include: 32.1.1. Fire Prevention: 32.1.1.1. Contractor's . andt subcontractor's employees shall be cognizant of, and shall comply with, all requirements for handling and storing combustible supplies and materials, daily disposal of combustible waste, trash, . etc., In accordance with National Fire • Code and National Association of Fire Underwriters. ' The Contractor will require employees to become familiar with methods of ,March 2004 City of Miami Beach ' Page 151 "y0101004Th.oard.oGroup Project Marival • . • activating CITY fire elarrris and any City of Miami Beach 'requirements regarding same. • 32.2.1; Safety: • , . • • 32.2.1.1.. All rules bf safety that ate" or 'toy be IrripbSed upon the. Contractor by Federal, State, or local code or regulation Shall be effectively carried out 'in the performance of the work .set forth herein. • •Specific attention • Is called to • adherence to all aprilltable rules governed by the Florida •'Occupational Safety end Health Administration. Contractor shall take proper safety and health precautions to protect • • the work, „the Contractor's employees, the public and the. ' property of others. Sanitation: ' •, . . . . 32.3.1.1. The COntractor, shall keep thepremises as clean as the • progress of the work will permit (reasonably free of ' accumulations of debris), which shall include the controlling of any noxious weed•groWth and upon completion, remove all materials and *rubbish from the premises, leaving the site clean. 32.3.1.2. Surplus 'mEiterials, Waste .thaterialeerid debris, sweepings, soot and rubbish shall not be allowed to accumulate and • shall be removed from the site forthwith •to authorized • dumping areas as it Is generated.. No waste materials or debris shall be tossed or thrown OW adjacent Properties •or adjacent land areas. 32.3.1.3. The entire Work area shall be cleaned up at the end of each Work session. • • 32:3.1.4. The Contractor shalt thoroughly cleirl all equipment and materials installed by him and deliver over such materials and equipment undamaged In .6 bright, clean and new .appearing condition. • . . .At CoMpletion'Of the Work, the premites should be left in a neat, unobstructed ixndition and everything in •pertect • repair and order. 32.3.1.6. • Upon completion of the Work, the COntrectorshall remove all equipment, scaffoldinvetc., and thoroughly clean the Work site before submitting the project to the CITY for final . acceptance. • . • • • . ..• • Page 152 City of Miami Beach capyolphl 0 0004 Th. Got dim Group March 2004 .. I .... I • PrOject MariOil • 33.4.1; Conduct: 33.4.1.1. Contractor and .Contractor's • eirployees shall be subjeCt to the same general rules of conduct while on CITY property that apply to a CIT' employee. CITY reserves the right to refuse access to any Contractor's employee if CITY determines it to be In the best interests of CITY. ARTICLE 33 ENVIRONMENTAL PROtEOTION 33.1. The Ciintrackir shall be responsible to protect the environment of Work areas . as affected by this Contract. Contractor shall be responsible for the proper disposal of all hazardous, solid, liquid, and gaseous contaminants and refuse •• in accordance with all federal, state, local codes and regulations. 33.2.•• Ail chUiediet refuse; and the like shII be covered Or'of such a design t6 fully . confine the material to prevent the dissemination of dust. ARTICLE 34 PROTECTION OF WORK'AND PROPERTY .The CoritractOr shall . continuously Maintain adequate •protectiOn of all the • Contractor's work from damage, and shall protect City's property frOm injury . or loss arising In connection with this Contract. The Contractor shall make ' gocid any such damage, injury or lass, except at may be directly due to or Caused by agents or employees of CITY. . . . 34.2. The Contractor shell at all times pro -Vide adequate protection andlacilitiet to Safeguard all persons passing on or -about the premises in the usual conduct • of their business, and any special instructions to the Contractor from the CITY • to insure protection, etc. shall be compiled with in each and every instance. . 34.3. The Contract& shall adequately protect adjacent property as provided by law 'and or as directed by the CITY. . . • .34A. The Contractor shall provide and .mainteln all lightS, foOtWays, guards,fences,. ;gates, etc., for the proper protection of the public, and shall comply With all Municipal rules, regulations, ordinances and laws. - 34.5. The Contractor shall properly and carefully shore up or otherwise suppOrt all' live water, sewer and gas pipes, electric wlres, conduits, free standing walls,. etc., which may be encountered. •He shall immediately notify the CITY of such and give such CITY permissiOn to protect the same. The • Contractor shall provide sufficient, safe and proper facilities at all times for the Inspection of the work. • • March 2004 City of Miami' Beach • • ,00pyrIght 0 t0)4 The auldlal Group Page 153 project Manual 34.6. The Contractor shall furnish throughoLt the entire project, all 'scaffolding, ladders, decking or runways as necessary to execute the Work in a safe manner. .' • 34:. In an emergency affecting 'the ,safety' of life,- Of the work,' Or of adjoining property of CITY, the Contractor, without special instructions or authorization "from CITY, Is hereby permitted to act in at the Contractor's discretion to prevent such threatened loss or injury, i . 34.8, Any corfipbnsation claimed by the Contractor on'Account of'emergericy work as .set forth in 12.6.5 above shall be determined by agreement of CITY and • the Contractor. • 34.9. The ' Contractor 'shall carefully y pro#eCt! all trees, shruti5,. and hedges, not •specified as being removed, from injury' during .building work and pay for .damages to same resulting from insufficient or Improper protection'. 34.10..The .Contractor shall send proper 'nbtic'e, make all riecessary arrangement$ and perform all other services required for the • care,• .protection and • maintenance of all public utilities, Including mail boxes,'fire plugs, power and telephone poles and wires, and all other items of this character on or around the building site. : 34:11. Buliding materials, .Contractor's- equipment, and other supplies necessary to the project may be stored on the premises with approval of CITY. This shall • In no manner relieve the Contractor from full responsibility for such materials. • 34.12. Where • materials' are •not sold or furnished In packages 'Or containers, the Contractor, when requested by CITY, shall obtain Invoices from the • manufacturer or its 'agents covering .such materials showing the name and brand of the materials furnished, which Invoices must be furnished to CITY. • 34.13. In the eventof accidental damage to or 'disruption of any of City's equipment, utilities, or facilities by the Contractor or any of the subcontractors, or when -life or property are endangered, the Contractor shall Immediately take all • necessary steps to• replace/repair ell pieces/parts .of any damaged equipmentlmaterlafs, make all necessary repairs and restore all services to . normal. Further, the Contractor shall engage any and all required additional subcontractors, labor, individuals or other outside services, deemed necessary by CITY, to operate on a continuous, "around -the -clock" basis until all restoration is complete. Also, the C'ontraclor shall provide and install all required materials and equipment. • 34.14. All 'costa -involved In making repairs and "restoring disrupted services to normal • shall be borne by the Contractor. 34.15. The' Contractor and/or his/her subcontractors shall furnish, erect and maintain such signs as may be required by compliance with local codes and/or safety Page 154 City of Miami Beach OOpyrI* O 2C04 The Gadlut LO,oup March 2004 Project Mainual regulations for the purposes 'of coritrollirtig traffic and safeguarding life and property. 34.16, The Contractor shall provide adequate climatic protection for exposed part of . , buildings wherever work under this Contract Is performed. ARTICLE 36 ; FLOOR LOADING 35.1:. Care 'shall be taken that floors are'not overloaded at any time. • ARTICLE 36 PROJECT SITE MAINTENANCE• . .36.1: • The Contractor shall store all supplies end eq'ulpmeiit on project site(s)• so `as to' preclude mechanical and climatic damage and maintain project sites In a .neat and orderly mannered ell times. Materials to be stored on the site shall be neatly stacked .and protected and kept clear of ail passageways. The Contractor shall coordinate the work In such a manner as to reduce the disturbances and Inconveniences to the tenants to a minimum. ARTICLE 37 ' MATERIAL AND'EQUIPMWNT PROTECTION AND:SECURITY • 37.1. The Contractor shall cover equipment that is to remain 'In place Within the ' . urea of contract' operations and protect it against damage or.Ioss. This . • Includes equipment that Is removed in the performance of Job Orders where • directed for reuse In work as required by drawings and specifications. Equipment temporarily removed that in good operating condition at the time • Of removal shall be protected, cleaned and replaced equal to or better than its conditions prior to its removal. Security for equipment or material that IS to be reused and Is removed for temporary storage rat the work site shall be the sole responsibility of the Contractor. If the Contractor considers the equipment to be at risk after removal, arrangements should be made ,for storage while removed. Transportation to and from the storage site shall be 'provided for and at the Contractors risk. . . 37.2. The CONTRACTOR, Its •Subcontractors and Materlalmen shall be - solely responsible for the proper storage, .security and protection of all their tools, .equipment, materials and personal Property that they may store or leave on CITY property. The Contractor's ;materials shall be .stored In an area approved by the CITY. Receipt of such approval, however, does not relieve the Contractor of Its liability for prevention of any theft, loss or damage that may occur. The Contractor is 'responsible for keeping the Work site(s) secured at all times and Is responsible for any damages, vandalism or theft to the Work or materials on the site at all limes prior to final acceptance of the March 2004 City of Miami Beach oomph, 0 2E04 The oaal.n Wag. Page155 • . Project Manual Work by the CITY. The Contractor agrees not to hold the CITY liable for any ' .damage thereto or foss thereof. ARtICLE'38 , EXPLOSIVES AND BLASTII4G 38.1. USe of exploslves will not be permittedwithout prior written permission from the CITY and the prior to the contractor obtaining all applicable permits. •'38.2. If and when the use of explosives is necessary for the execution of the mirk, the CONTRACTOR shall observe the utmost care, performing such work with • 'experienced men . and In accordance with all federal, state, and local regulations so as not to endanger life ot property. In addition to observing all • governmental regulations relating to the transportation, storage, handling and use of explosives, the CONTRACTOR shall conform to any further 'regulations that the CITY may deem necessary in this respect. Signals of danger shall be given before the firing !of any blasts and blasts shall not be fired until all persons In the vicinity are known to have reached position out of • danger therefrom. • 38.3. Quantities and Records: CONTRACTOR shall keep explosives on the site ' • • only in such quantity as may be needed for the work underway and o'nly during such time as they are being used. He shall notify the Project Manager • In advance of his/her intention to store and use explosives. Explosives shall be stored In a secure and safe manner In strict conformity With all state and municipal regulations and ail such storage shall be marked clearly, "DANGER • EXPLOSIVES." A daily record shall be .kept showing the amounts of explosives on hand, the quantities received and issued, and the purpose for Which Issued. • . . . 38.4, ' Damage br injury: 'All blasting • necessary on this contract shall be done' with the express provisions that the Contractor •shall be and is hereunder • responsible for any and all damages and claims arising from such blasting or by accidental explosions and for the defense of all actions arising from such causes. In case Injury occurs to any portion of the work or to the material surrounding or supporting the same, through blasting, the Contractor, at his/her own expense, shall remove and replace such Injured Work and shall furnish such Material and perform such work or repairs or replacements as • the Project Manager may order. Any damage whatever to existing structures or property due to blasting shall be promptly, completely, a satisfactorily repaired by the Contractor at his/her own expense. 38.5. 'Restrictions: Blasting will not be permitted within 25 feet of any structure unless proper precautions are taken, as approved by the Project Manager, to • insure that the structure and the material surrounding and supporting the same are not damaged by such blasting. . •• Page 156 City of Miami Beach March 2004 •copyright 4:1. Rea The Gordian Chow • PYojoct"iNentiai • 38.8. Rock encountered within 5 feet of existing pipelines or building shall be` removed without blasting. 38.7. All blasts in open cut shall be well ',covered and provisions made to protect pipes, conduits, sewer structures, persons, end properly adjacent Id the site of the work. Blasting shall be done only with such quantities and strength of 'explosives and In such manner as will break the rock approximately to the Intended lines and grades and yet will leave the rock not to be excavated in an unshattered condition. Care shall be taken to avoid excessive cracking of .the rock upon or against which any structure will be built and to prevent Injury •to• existing pipes or other structures and property above or below ground. Where rock Is to be removed from sheeted excavations, all braces and wales 'shall be fastened securely in place to prevent movement during blasting. Blasting will not be permitted between the hours of 5:00 p.m. and 8:00 a.m. except with special written permission of the Protect Manager. After a blast is fired, the Contractor shall cause the 'excavation to be thoroughly scaled and all loose and shattered rock or other°ioose material which appears dangerous 'to the structure or to the workmen shall be removed and the excavation made safe before proceeding with the work. The fact that the removal of loose or shattered rock or other loose materiel may enlarge the excavation beyond the . required limits shall not operate to relieve the Contractor from the necessity for making such removal and for backfllling as specified herein. .ARTICLE 30 CUTTING AND PATCHING • 38.1. ;The .CONTRACTOR shall do all cutting;'patching and restoration required by the Work, except as otherwise specified, Ali restorations shall be to the . satisfaction of the CITY. ARTICLE 40 BARRIERS' 40.1. The CONTRACTOR shall erect ternovary battlers and Warning signs to alert and protect the public, CITY tenants and CITY employees from the Work as deemed necessary and or as directed by the CITY. • ARTICLE 41 POLLUTION CONTROL • • 41.1.• During the course of construction, the CONTRACTOR shall conduct his/her operations In such a manner .as to I present or reduce to .the minimum any damage to any stream or lake from pollution by•debris, sedirment, chemical, or other foreign material, or from the manipulation of equipment and/or materials In or near such stream .or ditch flowing directly to such stream or lake. Any :1Vlarch 2004 City of Miami Beach oopyrlph10 s004 The Gordian croup Page 157 Project 'Manual • „Water which • has • been Used for wash 'ipurpases `.or other shriller operations Which become pollution with sewage,. silt, cement, concentrated chlorine, ell, 'fuels, lubricants, bitumens, or other impurities shall not be discharged Into any .: such stream or lake. There will be no open burning of materials. .41.2. Techniques .identified In USDA -Soil Conservation .Service "Guidelines .for Urban Erosion' & Sediment Control" shall be utilized as applicable for erosion • and pollution canto!. . -ARTICLE 42 • TEMPORARY SERVICESAND UTILITIES Unlessthe-D•etailed Scope of Work states othelwise: 42.1. Temporary Services and Utilities: 42.1.1. General: . 42.1.1.1. The CONTRACTOR Shall' be respohslble for arranging for and providing ell general services and temporary facilities a s specified herein and as required for the •proper and expeditious prosecution of the Work. The CONTRACTOR *shall pay all costs for such general services and temporary facilities. 42.1.1.2. Temporary connections for all utilities and facilities used by the CONTRACTOR Including instaliation,:malntenance and removal of such facilities shall be at the CONTRACTOR's expense. 42:2. Water: . 42.2.1. The CONTRACTOR shell provide temporary 'water connections 'as required for drinking and construction purposes, unless potable water is available at the Site and 'it's use by the • CONTRACTOR is ` approved by the CITY. 42.2.2. The CONTRACTOR shall note` that the CITY re'serVes the right to . . regulate the use of water, and may Impose restriction on the use In 'the event water is being used carelessly by the CONTRACTOR. • '-: 42.3. Light and Power: 42.3.1. The CONTRACTOR flay utilize power which is -available et the Job tile. The CONTRACTOR shall provide his/her own portable electric system or make temporary connections to the existing electrical system as necessary or make arrangements with the power company at his/her own expense, to supply his/her construction needs. An • • • Page 150 City of Miami Beach copyrighk a 2CO4 The Gordian Croup March 2004 Project Manual alternate power source shall 'be provided for temporary heat. The CITY will not provide electrical power for heating. 42.4. Temporary Heating and Ventilation: 42.4:1. The ;CONTRACTOR shall provide temporary ciosures or enclosures for all exterior door, window, roof or other types of exterior openings .as required to protect his/her completed work, protect material and equipment being Installed, protect the City's facilities, and enable its Workmen to accomplish their work in a satisfactory manner and while maintaining the approved ' progress schedule. It shall be the CONTRACTOR's responsibility to keep water in pipes from freezing • and to maintain temporary ,heat in areas where Work is being • performed at not Tess than 50 F. before plastering and painting and not less than 60 F thereafter. The CONTRACTOR must obtain the City's approval for the types, sizes, amounts and location of heating equipment. The equipment must have a seal of approval from the • Underwriters Laboratory or other organization satisfactory to the CITY. . .42.4.2...The .CONTRACTOR shall furnish, 'Install, Operate- and maintain all • • required temporary heating equipment, and 'shall provide and pay all . fuel costs. Oil fired or gas heating units shall be self-contained units Which shall be furnished in Sufficient number and adequate capacity . to conform with the requirements for temporary heat stated above. Each oll-flred or gas -fired unit shall be properly vented as required to .dissipate noxious fumes and .prevent . discoloration of building . • construction. • Temporary electrical connection shall . be provided by the CONTRACTOR. .42.5. Temporary Field Offices: • • • 42.5.1. On some Job Orders the CONTRACTOR may be required provide his/her own field office and utilities as directed by the CITY In the Detailed Scope of Work. The cost of 016 Field Office will be treated • as a Pre -priced 'tern- and paid for in the CONTRACTOR's Price Proposal. All other cost will be paid for by the CONTRACTOR. Location shall be approved by the CITY. 42..5.2..The CONTRACTOR shall provide separate telephones in the . temporary offices for its use. The CONTRACTOR shall pay for the cost of installing such- telephones end the cost of all telephone service. The Contractor must provide a stationary telephone or cellular phone at the job site for their own needs and for the CITY 10 contact them. •March 2004 City of Miami Beach copyright O 2034 Ths ead.n Group Page 159 • • ,Pro ect Manual • 42.5.3.. The •CONTRACTOR shall provide a . fatislrhile machine . In the • temporary field offices to expedite written communication between the parties. The CONTRACTOR shall bear all costs of providing said . • equipment. . . 42.5.4. The facilities mentioned above shall be rhade avallable for the' use by the Clty's designated representative during its site visits. • 42.6. Temporary Satiitation'Facilities: .42.6.1.. CONTRACTOR'S personnel will normally not be ..permitted to. use . toilet facilities on project premises subject to regulation and control of • CITY staff. The CONTRACTOR shall provide adequate and suitable . . temporary facilities.. . 42.6.2..Tte CONTRACTOR shall •provide temporary toilets for the use of the workmen, placed where directed and maintained in a sanitary condition, . 42.6.3. At the completion of the coniract the tempotary • toilets shall 'be removed.. 1 • 42.6.4: Existing oh -site toilet facilities' may be used to Meet' the above. . requirements subject to the prior approval of the CITY. 42.7.' Temporary• lire Protection: 42.7.1. The CONTRACTOR shell • take 'all •precautiohe necessary and required to prevent fire and •ctlmpiy with the requirements of local .. authorities having Jurisdiction i • 42.7:2.. Fuel to cUtllhg and heating torches shall be gas only, .and shall be contained in Underwriters' Laboratory approved containers. The • CONTRACTOR shall provide and maintain.a 20 pound capacity, dry chemical type fire extinguisher in the immediate vicinity of the work . . when welding tools or torches of anytype are in use. • 42.7.3. The CONTRACTOR shall not uee 'volatile liquids for cleaning agents or as fuels for motorized equipment or tools within building. 42.7.3.1. Tarpsullns shall be s6curely anchored and flame proofed, when attached to .arty wood scaffolding and when used to enclose any portion of a building above the first floor. 42.7.3.1. Flamrabie . materials shall • not be stored, nor debPIs allowed to accumulate In or about the site. Page 160 City of Miami Beach March 2004 mpyrIght 0 Toe4 T. oadwn avup • Project Manual • • .ARTICLE 43 • HOURS 'OF WORK AlilD CCESS.' . : me CONTRACTOR shall actoMplieh the. teaks. required by the Job .Order • latued hereunder during the normal Working period of 8:00 1.M.. to 5:00 P.M., . • Monday through Friday, excluding holidays. For this purpose defining CITY • holidays, they are as follows: New Years Day, Martin Luther King Day, the designated Spring Holiday, Memorial •Day, Independence Day, Labor Day, • Veterans Day, Thanksgiving -Day, the designated Christmas Holiday, • Christmas' Day. The CONTRACTORwill not normally be permitted to work • on CITY holidays. Work required other than during the aforementioned Working period will be •at CITY direction and/or and reqUire CITY approval 'prior to commencement of work activities.. • • • • ' . ' 43.2. .Repreientatives of the CITY Will .be avaiiable On the Job site with keys for :entry between the hours 'of 8:00 a:M. and 5:00 p.m., Monday through Friday (excluding CITY recognized holidays. The CONTRACTOR is advised not to • . perform work in occupied dwellings Without thepresence of the resident or a • ' CITY authorized employee. • • - -ARTICLE 44 •ALLtEGALPROVISIONS DEEMED INCLUDED . 44.1. Itlethe intent and *Understanding Of the parties to this Contract that each and 'every provision of Law required to be inserted In this •Contract shall and is inserted herein, and if, through mistake or otherwise, eny such provision is • • not inserted, or is not inserted incorrect form, then this Contract shall 'forthwith upon the application of either party be amended by such Insertion so • as to comply strictly with the Law and without prejudice to the rights of either party hereunder. . ARTICLE 45 -ARCHITECTURAL .AND ENGINEERING'SERVICES • 45.1. The Contractor will be required to provide A&E serviC08,1teinped and Sealed drawings In support of some Job Orders. These services are typically 'required for obtaining some permits and or documenting the scope of work. :The cost of all stamped and sealed architectural and engineering prepared •drawings will be paid for .by using .the contractor's bid factor for these • 'services. • Any electronic drawings required will be prepared in AutoCAD version 14.0 format or a version approved by the CITY. • • • 45.1.1 Ail architeCtural and engineering and consulting 'firms utilized by the CONTRACTOR to perform • Its duties hereunder are subject to approval of the CITY. All such professional shall be properly qualified and licensed to practice In and have the ability to legally • sign and stamp architectural 'and engineering docuMents. • March 2004 City of Miami Beach • Page 161 ' copyrIpaN 0 2004 Thy Gaidieri Group • • ProjectManual 45.1.2 At any time When stamped and sealed archliettistal arid engineering • , premed drawings are required, the Contractor shall comply with all provisions of Florida Statute . 287.055 with •regards to the• • selection/contratting with design/engineering profetilonals. • .48.2 . Additionally the Contractor wlfl be. ti*Pected tb. provide ',sketChei, Minor •alculations, shop drawings arid Specifications and "as built" drawings. The ' cost of these Services shall be bome by the Contractdr. ARTICLE 46 WORKINVOLVika' HAZARDOUS MATERIALS, • . Any time the Detailed Scope of Wok InvolVet3 halal -dare Material, including • but not limited to asbestos, lead paint, .PCBs, the CONTRACTOR will be , • •responsIble for retaining a properly licensed engineer Cr consultant to modify • the general specifications contained herein to a project specific abatement • .plan and specification as required by Florida law. 48.2. Thls requirernent frit° be considered Oy the •CONTRACTOFt at patt of thi3. Scope of the Article above entitled "ARCHITECTURAL AND ENGINEERING • SERVICES. . . • 48.3. Such abatement plan arid speolfidetiOn shall be submitted 'td the CITY for • • review and approval prior to commencernent of any work Involving hazardous materials. • ARTICLE 4/ PRE-CONSTRUCTION•CONOERENCE •- .47.1. .BefOre 'the issuance • of the firat Job i Order under 'This' Contract, a Pre; ,Construction Conference will be ctindOted by the CITY to acquaint the • CONTRACTOR with .the CITY policies and procedures that are to • be observed during the prosecution of the Work and to develop • a mutual • 'understanding relative •to the administration of the . Contract. The .• •CONTRACTOR•ehall be 'required to attend. • • 472. At 'the tlis'cretion'Of the CITY, and 'on a 1JOb Order by Job .Order basis, there • • . may be a mandatory pre-consiructIon conference • at the Project Slte to • discuss specific management concerns and requirements' regarding the . • • 'particular Job Order. The CONTRACTOR shall be required to attend. I . • • 48.1. The CONTRACTOR and/or Subcontractors or their' qualified' representatives • . • shall attend conferences with City'e representatives, at a frequency as determined by the CITY, for the purpose of coordinating or expediting the • 'Work. . . • ARTICLE 48 JOB MEETINGS • • Page 162 City of Miami Beach copyright 0 2034 TN Gordian Group March 2004 • Project Manual ARTICLE'49 ENERGY CONSERVATION •• .49.1. CONTRACTOR shall 'comply with' energy cans'ervattan plans, Nand promote • . efficient use of all energy. In addition, the CONTRACTOR shall; 49.1.1. Use Iights'only In'ereas where work is actually being performed. 4'9.1.2..Tum off faucets, 'velvet, 'and equipment aftter required usage has been accomplished. 49.1.3... Not use CITY telephones for personal reasons nor'rriake any loll or • long distance calls. • ARTICLE b0 iNYERGOVERNIVI'ENTAL,i'•IJRCHASiNG AGREEMENT .50.1. • The :CONTRACTOR may be "required to . wdr'k on 'property under the • Management of the Countyorother municipalities or entitles which the CITY has an intergovemmental purchasing agreement. Award of a Job Order Contract does not give the CONTRACTOR any exclusive rights With regard to location or type of work. Other govemment agencies please be advised that :this contract is subject to a user surcharge fee in the amount of 1 % on all • sales to governmental, not for profit or quasi governmental entity; resulting from this contract resulting from this solicitation and utilization of the City's . ' contract and terms and conditions- herein. Furthermore the agency will be required to pay a licensing fee for uae of the JOC Contract, to the Job Order •Contract Consultant, The Gordian Group,. Inc. ARTICLE 51 COMPUTER REQUIREMENTS 51.1.. The CONTRACTOR 'Is to have in operational condition one computer systems similar as •described below. The CONTRACTOR shall have staff With basic computer and Windows capabilities to operate their equipment. 61'.2. The computer systems will mi frrially'consist of: • 51.2.1. •Latest modellmost powerful'Pentlum processor; 256 MB expandable Memory, 3-1/2" 1.44 Mb floppy disk drive, DVD RAM with decoder • • card, 1 parallel, 2 serial ports, 2 USB •ports, 104+ enhanced keyboard, 128 bit 3D/2D minimum 32 MB SORAM video accelerator, Microsoft Mouse and a 19" minimum SVGA color monitor. The ' computer shall be Gateway, Dell, IBM, or approved equal with an . Intel CPU In a tower case. 51.2:2. 40 GB ULTRA ATA Drive W/ULTRA ATA-cantroiker. • March 2004 City of Miami Beach pyiht B 700 4 The Ooxml.n Croup page163 .-+.«:r.w,r..+w....:...n.;mmina.«.rsr:.r.rirn,.- .. u . , . Prefect Manual • 51,2.3. Premium Multimedia Package. . .51'.2.4. Fastest ' available :standard .data/fax rhbderr •'(US Robotics ' 56,000' BPS, Telepath modem or approved equal) 51.2.55. 250 MB'IOMEGA ZIP drive w/2'ZIP disks. 51.2.6. '3 COM PCI 10/100 twisted pairithernet'networkcard. •51.2.7. Latest ' model' Standard office Hewlett :Packard • laser printer or approved equal. 51.2.8. Voltage surge protection device. . '51.2.9. Latest version of MS DOS, • MS Windows, . Aiiti-Virus software 'by Symantec,. and PC Anywhere` for Windows communication software . by Symantec. . • . ARTICLE 52 CITY :FURN15HED. SOFTWARE ..52.1. CITY furnished software, PROGEN®, Will be provided to 'the CONTRACTOR 'for use as a tool to assist with expedient preparation of Job Order Price Proposals in 'response to CITY needs. This software will contain an electronic ' version (copy) of the Construction Task Catalog (CTC), which can be accessed on the' equipment provided by the CONTRACTOR to locate and select desired items from the CTC. Once the desired items are selected, the Software provides for selection of quantities and based on the selected quantities,.will extend and total CTC costs for each Job Order Price Proposal. The software will also .permit introduction of non pre -priced items and the application of the Adjustment Factor. PC Anywhere for Windows communication software by Symantec must be available prior to PROGEN® being installed. ;'ARTICLE 53 ' COMMUNICATIONS . 53.1. .All papers required to 'be delivered .to the CITY shall,' unless otherwise 'specified in writing to the CONTRACTOR, be 'delivered to: } Mr.Gus Lopez, CPPO, CPPP' Director, Procurement Division City of Miami Beach 1700 Convention Center Drive • Miami Beach, FL 33139 53,2. And any notice'to or demand upon the CITY 'or' Shall 'be •suffici• ently given if se • • . •delivered, or deposited in the United States' mail in a sealed, postage-prepald Page 164 City of Miami Beach March 2004 copyright O 2 4'0r Gordian Gm* Project Manual • . . . envelope, .or deivered with' charges prepaid 'to any telegraph • or delivery company for transmission/delivery #o said Contract Administrator, at said • address. • 53.3. • Any Such notice shall be deemed tolhave beenigivan"as of the time of actual delivery; or, in the case of mailing, When the same would have been received .in due course of post; or In the case of telegram or delivery company, at the 'time of actual receipt. 53.4. Notices. required to be •delivered' to the CONTRACTOR shall, unleSs Otherwise specified in writing, to the CITY, .tie delivered to the address the • CONTRACTOR provided In the Bid Documents. March 2004 City of Miami Beach copy, WI 0 2004 The %Mien 0IQU Page 165 • • . , • Prdjaict'Manual Tilts' Page Intentionally Left.Blarik • 1 Page 166 City of Miami Beach March 2004 oopyrlfihl V 2O 47hs oadion croup