HomeMy WebLinkAboutCity project manualCity of Miami
DEPARTMENT OF CAPITAL IMPROVEMENTS
VOLUME 1
JOB ORDER CONTRACT
For HorizontalNertical Projects
Project Manual
Bid Number: 04 - 05 - 048
MARCH 2005
City of Miami
Project Manual
TABLE OF CONTENTS
00200 DEFINITIONS .4
00300 INSTRUCTIONS TO BIDDERS 13
1. General: 13
2. Examination of Contract Documents: 13
3. Submission of a Bid: 13
4. Scope of Work: 13
5. Job Order Contract Overview: 14
6. Contract Documents: 15
7. Location of Work- 17
8. Abbreviations and Symbols: 17
9. Pre -Bid Interpretations' 17
10. Submitting Bids• 19
11. Printed Form of Bid* 19
12. Bid Guaranty and Required Bonds: 20
13. Acceptance or Rejection of Bids: 20
14. Determination of Award: 2'1
15. Performance Evaluation: 22
16. Contract Price: 22
17. Postponement of Date for Presenting and Opening of Bids: 23
18. Qualifications of Bidders: 23
19. Addenda and Modifications: 23
20. Prevailing Wage Rates: 23
21. Community Benefits Programs and Participation 24
22. Equal Employment Opportunity/Affirmative Action 28
23. Resolution of Protest 2E3
00400 BID FORM 32
00405 CITY OF MIAMI LICENSES' PERMITS AND FEES 35
00407 FORM OF BID 36
00500 SUPPLEMENT TO BID FORM — QUESTIONNAIRE AND JOC
MANAGEMENT PLAN 48
00520 SUPPLEMENT TO BID FORM - NON -COLLUSION
CERTIFICATE 57
00530 SUPPLEMENT TO BID FORM - DRUG FREE WORKPLACE
CERTIFICATION 58
00540 SUPPLEMENT TO BID FORM -TRENCH SAFETY ACT 60
00500 RECYCLED CONTENT INFORMATION 61
00600 CONTRACT 62
00708 FORM CERTIFICATE OF INSURANCE 72!
00710 FORM OF PERFORMANCE BOND 76
00720 FORM OF PAYMENT BOND 79
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00721 CERTIFICATE AS TO CORPORATE PRINCIPAL 81
00735 PERFORMANCE AND PAYMENT GUARANTY FORM 82
00736 MINORITY/WOMEN BUSINESS AFFAIRS REGISTRATION
FORM 84
00737 AFFIRMATIVE ACTION POLICY FORM 86
00738 BIDDER'S LICENSING 87
00800 GENERAL CONDITIONS 89
1. Project Manual: 89
2. Intention of City: 90
3. Preliminary Matters: 90
4. Performance Bond and Payment Bond' 90
5. Qualification of Surety: 91
6. Indemnification: 92
7. Insurance Requirements: 94
8. Labor and Materials: 94
9. Royalties and Patents: 95
10. Weather: 95
11. Permits, Licenses and Impact Fees: 95
12. Resolution of Disputes: 96
13. Inspection of Work: 97
14. Superintendence and Supervision: 98
15. CITY's Right to Terminate Contract* 99
16. Not Used 101
17. Assignment: 101
18. Rights of Various Interests: 101
19. Differing Site Conditions: 101
20. Plans and Working Drawings: 102
21. CONTRACTOR to Check Plans, Specifications and Data: 102
22. CONTRACTOR's Responsibility for Damages and Accidents: 103
23. Warranty: 103
24. Supplementary Drawings: 104.
25. Defective Work* 104
26, Taxes: 105
27. Subcontracts: 105
28. Separate Contracts: 108
29. Use of Completed Portions: 109
30. Lands for Work• 110
31. Legal Restrictions and Traffic Provisions: 110
32. Location and Damage to Existing Facilities, Equipment or Utilities:
110
33. Value Engineering. 111
34. Continuing the Work: 112
35. Changes in the Work or Terms of Contract Documents. 112
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36. Field Orders and Supplemental Instructions' 112
37. Change Orders: 113
38. Value of Change Order Work: 114
39. Notification and Claim for Change of Contract Time' 114
40. No Damages for Delay: 115
42. Substantial Completion: 117
43. No Interest: 117
43. Shop Drawings and Samples: 118
45. Field Layout of the Work and Record Drawings: 119
46. As -Built Drawings: 120
47. Safety and Protection: 120
48. Payment by CITY for Tests' 121
49. Project Sign: 122
50. Hurricane Precautions: 122
51. Cleaning Up; CITY'S Right to Clean Up: 122
52. Removal of Equipment: 122
53, Nondiscrimination, Equal Employment Opportunity, and Americans
with Disabilities Act: 123
54. Project Records: 123
55. Occupational Health and Safety: 123
56. Environmental Regulations' 126
00900 SUPPLEMENTARY CONDITIONS 127
00923 STATEMENT OF COMPLIANCE 128
00924 SECTION 3 PROVSIONS 139
00925 CERTIFICATE OF SUBSTANTIAL COMPLETION 140
00926 FINAL CERTIFICATE OF PAYMENT 142
00930 FORM OF FINAL RECEIPT 143
01000 ADDENDA AND MODIFICATIONS 145
02000 JOC SUPPLEMENTAL CONDITIONS 133
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CITY OF MIAMI
ADVERTISEMENT FOR BIDS
Sealed bids will be received at the office of the City of Miami City Clerk, located at
City Hall, 3500 Pan American Drive, Miami, Florida 33133 for the following:
PROJECT NAME: JOB ORDER CONTRACTS FOR HORIZONTAL AND
VERTICAL CONSTRUCTION
DATE AND TIME: Wednesday, APRIL 13, 2005, at 10:00 A.M.
A Job Order Contract (JOC) is a competitive bid resulting in a firm fixed price,
indefinite quantity construction contract pursuant to which the Contractor will perform
a variety of work at different project locations. Under the JOC contracting method,
the Contractor is required to furnish all management, documentation, labor,
materials and equipment needed to perform assigned work. The overall Scope of
Work is a comprehensive collection of detailed repair, construction and demolition
tasks with related performance specifications and pre -established unit prices.
Individual work assignments, or Job Orders, are made by means of a lump sum Job
Order issued by the City, through the Department of Transportation & Capital
Improvements, against the Contractor's contract.
Contract Types And Awards
The Horizontal JOC contracts are for site civil projects including milling, paving,
infrastructure and streetscape. The City anticipates awarding up to eight (8)
contracts for horizontal work. All Horizontal contracts will each have a minimum
performance and payment bonding capacity of $5,000,000. The Vertical JOC
contracts are for repair, alteration, modernization, maintenance, rehabilitation,
demolition, and construction of buildings, structures, marinas or other real property.
The City anticipates awarding up to eight (8) contracts for vertical work: 3 with a
minimum performance and payment bonding capacity of $5,000,000, 3 with a
minimum bonding capacity of $2,000,000, and 2 with a minimum bonding capacity of
$1,000,000. The City intends to award only one JOC contract to a single Contractor
under this solicitation (Le., no Contractor will be awarded more than one (1) JOC
contract).
Term
Each contract will have an initial term of twenty-four (24) months and a maximum
value. At the City's sole discretion, each contract will include an option for three (3)
additional twelve (12) month terms. The contract duration shall not exceed five (5)
years. An option term may be exercised when the Maximum Contract Value/Term is
achieved or upon the expiration of the initial term or subsequent option(s), whichever
occurs earlier.
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BIDDERS MINIMUM REQUIREMENTS
Horizontal JOC Contracts: The prospective Bidder shall hold a current State of
Florida certified General Contracting or an Engineering Contractor license, and have
five (5) years experience in Site Civil Construction. Contractor must also possess all
required Certificates of Competency in the appropriate trade(s) issued by Miami -
Dade County pursuant to Chapter 10 of the Miami -Dade County Code. A City of
Miami occupational License will be required before any work is awarded.
Vertical JOC Contracts: The prospective Bidder for shall hold a current State of
Florida certified General Contractor license and hold a Miami Dade County
Certificate of Registration, and have five (5) years experience as a General
Contractor and must also possess all required Certificates of Competency in the
appropriate trade issued by Miami -Dade County pursuant to Chapter 10 of the
Miami -Dade County Code. A City of Miami occupational License will be required
before any work is awarded.
MANDATORY PREBID CONFERENCE
A Mandatory Pre -Bid Conference has been scheduled for March 21, 2005, from
9:30 A.M. to approximately 1:30 p.m. in Miami City Hall, Commission Chambers,
located at 3500 Pan American Drive, Miami, Florida 33133. Intending Bidders must
attend the Mandatory Pre -Bid Conference. During the Mandatory Pre -Bid
Conference, expected to last about four (4) hours, the City will provide an in-depth
description of the JOC concept and the Contract Documents, the City's construction
program, and bid considerations. Prospective Bidders must be represented by a
person that will be directly involved in preparing the JOC bid and responsible for
executing the construction work. Prospective Bidders must be present and sign the
attendance log within thirty (30) minutes of the scheduled start time. The attendance
log will not be available after that time. Any Bidder submitting a bid who was not
represented and signed in at the Mandatory Pre -Bid Conference shall be deemed
non -responsive.
Submittal
All bids shall be submitted to the City Clerk in accordance with the Instructions to
Bidders and Specifications found in the Bid package. Bids must be submitted in
duplicate originals. If the Bidder is bidding on more than one (1) project, the Bidder
must submit a separate bid package. Bids will be publicly opened and read at the
above specified time and place. Any bid submitted after the appointed time or to
the wrong location will not be accepted by the City Clerk.
Bid Packages
Bid packages containing the Project Manual, the Construction Task CatalogTM and
Technical Specifications may be obtained at the Department of
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Transportation/Capital Improvements, 444 S.W. 2ndAvenue, 8th Floor, Miami, Florida
33130, Telephone (305) 416-1255. City will furnish a hard copy form of Volume 1
Project Manual and the CD-ROM with the balance of information for the non-
refundable fee of $30, or the CD-ROM alone for $10.
THIS BID SOLICITATION IS SUBJECT TO THE CONE OF SILENCE IN
ACCORDANCE WITH CITY OF MIAMI, CITY CODE SEC.18-74.
AD NO. 04-05-048
Joe Arriola
City Manager
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00200 DEFINITIONS
1. Definitions: When ever the following terms or pronouns in place of them
appear in the Project Manual, the intent and meaning shall be interpreted as
follows:
1.1. ACCEPTANCE: Shall mean that construction on an individual Job
Order is accepted for Final Completion 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
CatalogTM. Contractors must bid four adjustment factors; one for
work accomplished during normal working hours, the second for work
accomplished during other than normal working, the third for work
accomplished during normal working hours using Davis Bacon
Wages and the fourth for work accomplished during other than
normal working hours using Davis Bacon Wages. The adjustment
factors must be expressed as a percentage increase or decrease
from the published prices. The adjustment factors will be to the fourth
decimal place,( i.e. 1.2000).
1.4. ADVERTISEMENT: Shall mean the publicly placed Advertisement
For Bid inviting Bidders to submit a Bid. The term "Solicitation" may
be interchangeably used with the term Advertisement.
1.5. AGREEMENT: Shall mean the document duly signed by the
Contractor and the City, binding both parties to the terms of the
Contract Documents.
1.6 AMENDMENT: Any modification to the Contract terms and
conditions agreed to by the parties after execution of the Contract,
recorded in a separate document and executed by both parties.
1.7. BIDDER: Any individual, fimi, or corporation submitting a bid for this
Project, acting directly or through a duly authorized representative.
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1.8. CHANGE ORDER: A written document ordering a change in the
Contract Price or Contract Time or a material change in the Work.
1.9. CITY: The City (or Owner) shall mean the City of Miami, a Florida
municipal corporation, having its principal offices 444 S.W. 2nd
Avenue, City of Miami, Florida 33130, which is a party hereto and/or
which this Contract is to be performed. In all respects hereunder, for
performance is pursuant to City's position as the owner of a
construction project. For the purpose of this Agreement, the term
"City" shall refer to the official or employee, authorized to act on the
behalf of the City, either the City Manager or Director of
Transportation/Capital Improvements or designees.
1.10. CITY COMMISSION: City Commission shall mean the governing
and legislative body of the City.
1.11. CITY MANAGER: City Manager shall mean the Chief Administrative
Officer of the City.
1.12. CLAIM: Shall mean a right existing on behalf of any person that
might develop into a lien in favor of the claimant if such right existed
against any person or entity other than a public body.
1.13. CONSTRUCTION TASK CATALOGTM: 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").
1.14. CONSULTANT: Architect or Engineer who has contracted with City
or who is an employee of City, to provide professional architectural
and engineering 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 act as the City's representative for particular projects.
1.15. 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.
1.16. CONTRACT ADMINISTRATOR: The City's Contract Administrator
shall mean the individual appointed by the City Manager who shall be
the City's authorized representative to coordinate, direct, and review
on behalf of the City, all matters related to Job Order Contracts.
1.17. CONTRACT DOCUMENTS: The Project Manual including, the
Notice for Bids, Addenda, if any, to the Project Manual, the Bid
Tender Form, the record of the award by the City Commission, the
Performance Bond and Payment Bond, the Notice of Award, the
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Notice(s) to Proceed, Change Orders, Field Orders, Supplemental
Instructions, JOC Supplemental Conditions, Job Orders and any
additional documents required by, or referenced and incorporated
into this Project Manual, are the documents which are collectively
referred to as the Contract Documents. The Contact Documents
consist of the follow Volumes:
Horizontal Construction Contract Documents;
Volume I, Project Manual.
Volume II a, Book 1 of 1, Construction Task CatalogTM.
Volume III a, Book 1 of 1, Technical Specifications.
Vertical. Construction Contract Documents;
Volume 1, Project Manual.
Volume II a, Book 1 of 2, Construction Task CatalogTM,
Volume Ilb, Book 2 of 2, Construction Task CatalogTM.
Volume ill a, Book 1 of 3, Technical Specifications.
Volume 111b, Book 2 of 3, Technical Specifications.
Volume Ilic, Book 3 of 3, Technical Specifications
1.18. CONTRACT PRICE: The adjustment factors established in the bid
submittal and awarded by the City. The appropriate adjustment factor
will be used to price individual projects from the CTC.
1.19. CONTRACT TIME: Unless otherwise provided, the Contract Time is
the period of time, measured in calendar days, allotted in the
individual RFPP for the Substantial Completion of the individual Job
Order.
1.20. 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.
1.21. DAYS: Shall mean calendar days.
1.22. DETAILED SCOPE OF WORK: Shall be identified in by individual
Job Orders issued hereunder. The Detailed Scope of Work is the
complete description of services to be provided by the Contractor
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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 and engineering documents or full architectural
and engineering documents depending on the complexity of the
specific project.
1.23. DEPARTMENT: Shall mean the City of Miami Department of Capital
Improvements and Transportation.
1.24. DIRECTOR: Shall mean the Director of the Department or designee,
unless otherwise stated herein, the Director shall be the ultimate
authority regarding matters of this contract.
1.25. EMERGENCY: Shall mean those situations that require immediate
action by Contractor and such urgency precludes advance
notification and approval of City prior to execution.
1.26. FIELD ORDER: A written order which directs a minor change in the
Work but which does not involve a change in the Job Order Price or
Job Order Time.
1.27. FINAL COMPLETION: The date certified by the City or Program
Manager in the Final Certificate of Payment upon which all conditions
and requirements of any permits and regulatory agencies have been
satisfied; any documents required by the Contract Documents have
been received by the City or Program Manager; any other documents
required to be provided by Contractor have been received by the City
or Program Manager; and to the best of the City's or Program
Manager's knowledge, information and belief the Work defined herein
has been fully completed in accordance with the terms and
conditions of the Contract Documents.
1.28. INSPECTOR: Construction Observer, the 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.
1.29. HORIZONTAL CONSTRUCTION PROGRAM: Generally consist of
new construction, repair, capital maintenance, and/or reconstruction
of underground storm and/or sanitary sewer systems and
components such as pump stations, force mains, injection wells and
disposal outfalls; rights -of -way and streetscape improvements (roads,
sidewalks and swale areas) including, without limitation, street
grading, pavement milling, paving, curb and gutter installation,
striping, sidewalks, pavers, irrigation systems, lighting and
landscaping, and waterway improvements and maintenance.
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1.30. JOB ORDER: The portion of the Contract Documents for a specific
project that sets forth the Detailed Scope of Work, the schedule, and
a firm fixed lump sum price to be paid to the Contractor. The Job
Order contains applicable special conditions that might apply to a
specific Job Order such as Liquidated Damages and technical
submittals, plans and drawings, the Purchase Order, and other
documents required by the City.
1.31. JOB ORDER COMPLETION TIME: Shall mean the period of time
allotted for the Contractor to achieve Final Completion of a Job
Order.
1.32. 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 establish a firm fixed lump sum price
for accomplishing a specific Detailed Scope of Work.
1.33. JOB ORDER PRICE PROPOSAL: Shall mean the Contractor
prepared documents quoting a firm fixed price and schedule for the
completion of a specific Detailed Scope of Work requested by City.
The Proposal might also contain approved drawings, permits or other
such documentation as the City might require for a specific Job
Order.
1.34. 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.
1.35. LAW or LAWS: Shall mean the Constitution of the State of Florida, a
statute of the United States or of the State of Florida, a local law of
the City of Miami or County of Miami -Dade, and any other ordinance,
rule or regulation having the force of Law.
1.36. MATERIALS: Materials incorporated in this Project, or used or
consumed in the performance of the Work.
1.37. MATERIALMEN: Shall mean any person, firm or corporation, other
than employees of the Contractor, who or which contracts with the
Contractor, or any Subcontractor to fabricate or deliver, or who
actually fabricates or delivers, plant materials or equipment to be
incorporated in the Work.
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1.38. 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.
1.39. MAXIMUM CONTRACT TOTAL VALUE: Shall mean the maximum
dollar value of Work that can be ordered under this Contract during
the entire duration of the Contract.
1.40. MEANS AND METHODS OF CONSTRUCTION: Shall mean the
labor, materials in temporary structures, tools, plant, and,
construction equipment, and the manner and time of their use,
necessary to accomplish the result intended by a Job Order.
1.41. NON PRE -PRICED TASKS: Shall refer to work tasks required to
perform individual Job Orders that are not included in the
Construction Task CatelogTM but are 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 CatalogTM, if determined appropriate by the City. Non pre -
priced work requirements shall be separately identified and submitted
in the Job Order Price Proposal.
1.42. NORMAL WORKING HOURS: Shall mean the hours of 8:00 AM to
5:00 PM Monday through Friday except Holidays.
1.43. NOTICE(S) TO PROCEED: Written notice to Contractor authorizing
the commencement of Job Orders.
1.44. OTHER CONTRACTORS: Shall mean any person, firm or
corporation with whom a Contract has been made by City for the
performance of any work which is not a portion of work covered
under this Contract.
1.45. 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, Dr. Martin Luther King Day, Presidents Day, Columbus
Days, Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, Day after Thanksgiving, and 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.
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1.46. PLANS AND/OR DRAWINGS: The official graphic representations
available from the City as needed on each Job Order to represent or
supplement the Detailed Scope of Work.
1.47. PRE -PRICED TASK: Shall mean a task included in the Construction
Task CatalogTM for which a Unit Price has been established.
1,48. PROGRAM MANAGER: An authorized representative contracted by
or employed 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.
1.49. PROGRESS SCHEDULE: Shall mean a bar chart or CPM submitted
by the Contractor and subject to approval by the City showing the
overall Job Completion Time and subdivided for each critical
operation therein.
1.50. PROJECT: The construction project as described in the Job Order.
1.51. PROJECT INITIATION DATE: The date as specified in the Job
Order and or Purchase Order upon which time commences for
completion of the Job Order.
1.52. PROJECT MANUAL: The official documents setting forth bidding
information and requirements; contract form, bonds, and certificates;
General and Supplementary Conditions of the Contract Documents.
1.53. PROJECT COORDINATOR: Shall mean the same as Project
Manager and is the individual assigned by the City as being
responsible for managing, supervising and acceptance of Job
Orders.
1.54. PROVIDE or FURNISH: Unless specifically noted otherwise, shall
mean supply and install complete and ready for operation and use.
1.55. PUNCH LIST: Shall mean a compilation of items that have not been
completed in accordance with an individual Job Order.
1.56. REQUEST FOR PRICE PROPOSAL (RFPP): Shall mean the
Document issued by the City that formally requests the Contractor to
prepare a Job Order Price Proposal for a Detailed Scope of Work.
1.57. RESIDENT PROJECT REPRESENTATIVE: An authorized
representative of Consultant or Program Manager assigned to
represent Consultant or Program Manager on the Project.
1.58. 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.
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1.59. SHOP DRAWINGS: Shall mean drawings, diagrams, illustrations,
schedules, test data, calculations, performance charts, cuts,
brochures, and other data which are prepared and submitted by the
Contractor and which illustrate a portion of the Work.
1.60. 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.
1.61. 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 III Technical Specifications, 2000 Florida
Department of Transportation, Specifications For Road and Bridge
Contraction, Florida Building Codes and all City of Miami Standards
Public Works Specifications.
1.62. STATE: Shall mean the State of Florida.
1.63. 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.
1.64. 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.
1.65. SUPERINTENDENT: Shall mean the supervising representative of
the Contractor who is present on the work site at all times during
progress, authorized to receive and fulfill instructions from and
communicate with City, and capable of superintending the work
efficiently. The Superintendent shall not actually perform the physical
tasks involved unless otherwise waived in writing by City.
1.66. 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
March 2005 City of Miami Page 11
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in accordance with Section 255.05, Florida Statutes. All Surety
companies shall be authorized to transact suretyship business in
Florida and be acceptable to the City's Risk Management
Department.
1.67. UNIT PRICE: Shall mean the price published in the Construction
Task CatalogTM 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.
1.68. VERTICAL CONSTRUCTION PROGRAM: Generally consist of new
construction, alteration, renovation, rehabilitation, capital
maintenance, and/or expansion of park and recreational facilities,
community and day care centers, administrative offices and facilities,
fire stations and support facilities, police facilities, stadiums,
exhibition center(s), other performance venues, and marinas
1.69. WAGE DECISION: Where applicable shall mean the applicable
federal wage determination provided by the City as issued by the
U.S. Department of Labor.
1.70. WORK: The construction and services required by the Contract
Documents, whether completed or partially completed, and includes
all other labor, materials, equipment and services provided or to be
provided by Contractor to fulfill Contractor's obligations. The Work
may constitute the whole or a part of the Project.
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00300 INSTRUCTIONS TO BIDDERS
1. General:
1.1
The following instructions set forth herein are given for the purpose of
guiding Bidders in properly preparing their bids. Such instructions
have equal force and weight with other portions of the Contract
Documents and strict compliance is required with all the provisions
contained in the instructions
2. Examination of Contract Documents:
It is the responsibility of each Bidder before submitting a Bid, to:
2.1. Examine the Contract Documents thoroughly.
2.2. Take into account Federal, State and local (City and Miami -Dade
County) laws, regulations, ordinances that may affect costs,
progress, performance, furnishing of the Work, or award.
2.3. Carefully review the Contract Documents and notify the City of all
conflicts, errors or discrepancies in the Contract Documents, of which
Bidder knows or reasonably should have known.
3. Submission of a Bid:
3.1. The submission of a Bid shall constitute an incontrovertible
representation by Bidder that Bidder has complied with the above
requirements and that without exception, the Bid is premised upon
performing and furnishing the Work required by the Contract
Documents and that the Contract Documents are sufficient in scope
and detail to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
4. Scope of Work:
4.1. The Scope of work under this Contract shall be identified in individual
Job Orders issued hereunder. Upon receipt of a Purchase Order, the
Contractor shall furnishes all shop drawings, samples, management,
documentation, materials, supplies, parts (to included system
components), transportation, plant, supervision, labor and equipment
needed to perform the work at designated City properties.
4.2. The Contracts will be for the following:
4.2.1. HORIZONTAL CONSTRUCTION: JOB ORDER
CONTRACT FOR CAPITAL IMPROVEMENT PROJECTS;
HORIZONTAL CONSTRUCTION A
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The Contract will be used to perform any work on facilities
under the jurisdiction of the City and is to be used primarily
for site civil projects including but not limited to new
construction, repair, capital maintenance, and/or
reconstruction of underground storm and/or sanitary sewer
systems and components such as pump stations, force
mains, injection wells and disposal outfalls; rights -of -way
and streetscape improvements (roads, sidewalks and
swale areas) including, without limitation, street grading,
pavement milling, paving, curb and gutter installation,
striping, sidewalks, pavers, irrigation systems, lighting and
landscaping, and waterway improvements and
maintenance
4.2.2. VERTICAL CONSTRUCTION: JOB ORDER CONTRACT
FOR CAPITAL IMPROVEMENT PROJECTS; VERTICAL
CONSTRUCTION A, B and C.
The Contract will be used to perform any work on facilities
under the jurisdiction of the City and is to be used primarily
for renovation but not limited to consist of minor new
construction, alteration, renovation, rehabilitation, capital
maintenance, and/or expansion of park and recreational
facilities, community and day care centers, administrative
offices and facilities, fire stations and support facilities,
police facilities, stadiums, exhibition center(s), other
performance venues, and marinas
4.2.3 It is the City's intent to award multiple JOC Contracts for
the same bid number.
5. Job Order Contract Overview:
5.1. A Job Order Contact (JOC) is a competitively bid, firm -fixed -price
indefinite -quantity contract. It includes a collection of detailed repair
and construction tasks and specifications that have established unit
prices. A Job Order is executed with a Contractor for the
accomplishment of repair, alteration, modernization, rehabilitation,
construction, etc., of buildings, structures, infrastructure or other real
property. Ordering is accomplished by means of issuance of a Lump
Sum Job Order against the Contract. Each Job Order will be
accompanied with a Purchase Order.
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5.2. Under the JOC concept, the Contractor furnishes management,
labor, materials, equipment required to complete the work specified
in the Job Order.
5.3. The JOC contract includes a Construction Task CatalogTM (CTC).
The CTC was developed by the City and is based on the use of
experienced labor and high quality materials. The CTC also
incorporates local activity, climate and geographic features.
5.4. Bidder will offer four (4) adjustment factors that will be applied
against the prices set forth in the Construction Task CatalogTM (CTC).
The first adjustment factor will be for construction performed during
normal hours. The second adjustment factor will be for construction
performed during other than hours. The third adjustment factor will be
for construction performed during normal hours using Davis Bacon
wages. The fourth adjustment factor will be for construction
performed during other than normal working hours using Davis
Bacon wages. These adjustment factors will be used to price
individual scopes of work by multiplying the adjustment factor by the
unit prices listed in the CTC times the quantities. These sets of
adjustment factors will be proposed separately. The CTC and the
Contractor's adjustment factors will be incorporated in the award of
the contract.
5.5. As work requirements are identified, the scope of work will be
explained to the Contractor at a Joint Scope Meeting. The
Contractor will be given a Request For Price 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.
5.6. The JOC concept also includes a provision for the establishment of
prices for work requirements that are within the general scope of
work but were not included in the CTC at the time of Contract award.
These tasks are referred to as "Non Pre -priced Items". Non Pre -
priced (NPP) items may require the establishment of specifications
and drawings and may subsequently be incorporated into the CTC.
6. Contract Documents:
6.1. The Contract Documents constituting component parts of this
Contract are the following:
HORIZONTAL CONSTRUCTION: JOB ORDER CONTRACT FOR
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ay of Miami
CAPITAL IMPROVEMENT PROJECTS; HORIZONTAL
CONSTRUCTION A.
Volume I, Project Manual.
Volume Ila, Book 1 of 1, Construction Task CatalogTM,
Volume Ilia, Book 1 of I, Technical Specifications
VERTICAL CONSTRUCTION: JOB ORDER CONTRACT FOR
CAPITAL IMPROVEMENT PROJECTS; VERTICAL
CONSTRUCTION A ,B and C.
Volume 1, Project Manual.
Volume Ila, Book 1 of 2, Construction Task CatalogTM.
Volume lib, Book 2 of 2, Construction Task CatalogTM.
Volume Iila, Book 1 of 3, Technical Specifications.
Volume Ilib, Book 2 of 3, Technical Specifications.
Volume IIIc, Book 3 of 3, Technical Specifications.
6.2. Volume I JOC Project Manual: The JOC Project Manual contains
bidding information and requirements, contract forms, bonds and
certificates, General Conditions and JOC Supplemental Conditions of
the Contract Documents.
6.3. Construction Task CatalogTM (CTC): The CTC contains pricing.
information for the work to be accomplished and for the unit of
measure specified.
6.4. The Technical Specifications (Volume Illa, Illb and Illc): The
Technical Specifications are numbered and organized in the
Construction Specification Institute's (CSI) master format. All
specifications are filed per CSI guidelines.
The intent of these specifications is to furnish concise industry and
commercial standards for maintenance or repair of City facilities.
6.5 The Horizontal Specifications Volume III: The Technical
Specifications are numbered and organized in the Construction
Specification Institute's (CSI) master format. All specifications are
filed in per CSI guidelines.
The intent of these specifications is to furnish concise industry and
commercial standards for maintenance or repair of City facilities.
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6.6. Other documents and standards referenced in the Contract
Documents. Whenever standards or specifications of other agencies
or departments, authorities, etc. are referred to, they shall be the
version in effect at the time of receiving price proposals, unless the
date of a specific version is contained in the reference.
6.7. Design and Specification References:
6.7.1. Florida Department of Transportation Standard
Specification For Road and Bridge Construction 2000
excluding Division 1.
6.7.2. City Standards -Public Works
7. Location of Work:
7.1. All work will be within the City limits of City of Miami and individual
projects will assigned as determined by the City.
8. Abbreviations and Symbols:
8.1. The abbreviations used throughout the Contract Documents are
defined hereinafter in the Technical Specifications.
9. Pre -Bid interpretations:
9.1. Only questions answered by written Addenda will be binding. Oral
and other interpretations or clarifications will be without legal effect.
All questions about the meaning or intent of the Contract Documents
are to be directed to , the City's Director of Transportation/Capital
Improvements in writing. Interpretations or clarifications considered
necessary by the City's 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 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 Director to
respond to questions received less, than ten (10) calendar days prior
to bid opening.
All questions should be directed to:
CIP Director
c/o Cecelia Wilson
444 sw 2ND Avenue, 8th Floor
Miami, FL 33130
Fax 305-416-1253
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e-mail cwilson@ci.miami.fl.us
9.2 Cone of Silence
Pursuant to Section 18-74 of the City of Miami Code (Ordinance No.
12271, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI,
or IFB after advertisement and terminates at the time the City
Manager issues a written recommendation to the Miami City.
Commission. The Cone of Silence shall be applicable only to
Contracts for the provision of Goods and services and public works
or improvements for amounts greater than $200,000. The Cone of
Silence prohibits any communication regarding RFPs, RFQs, RFLI or
IFB (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants
and the City's professional staff including, but not limited to, the City
Manager and the City Manager's staff, the Mayor, City
Commissioners, or their respective staffs;
the Mayor, City Commissioners or their respective staffs and the
City's professional staff including, but not limited to, the City Manager
and the City Manager's staff;
potential vendors, service providers, bidders, lobbyist or consultants,
any member of the City's professional staff, the Mayor, City
Commissioners or their respective staffs and any member of the
respective selection/evaluation committee The provision does not
apply to, among other communications:
oral communications with the. City purchasing staff regarding
Minority/Women Business Enterprise (M/WBE) and local vendor
outreach programs, provided the communication is limited strictly to
matters of process or procedure already contained in the solicitation
document;
the provisions of the Cone of Silence do not apply to oral
communications at duly noticed site visits/inspections, pre -proposal
or pre -bid conferences, oral presentations before selection/evaluation
committees, contract negotiations during any duly noticed public
meeting, or public presentations made to the Miami City Commission
during a duly noticed public meeting; or
communications in writing or by email at any time with any City
employee, official or member of the City Commission unless
specifically prohibited by the applicable RFP, RFQ or bid documents.
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Communications in connection with the collection of industry
comments or the performance of market research regarding a
particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications
with the Office of the City Clerk, which shall be made available to any
person upon request. The City shall respond in writing and file a copy
with the Office of the City Clerk, which shall be made available to any
person upon request. Written communications may be in the form of
e-mail, with a copy to the Office of the City Clerk at
Marcia @ci.miami.fl.us.
In addition to any other penalties provided by law, violation of the
Cone of Silence by any proposer or bidder shall render any award
voidable. A violation by a particular Bidder, Proposer, Offeror,
Respondent, lobbyist or consultant shall subject same to potential
pursuant to the City Code. Any person having personal knowledge of
a violation of these provisions shall report such violation to the State
Attorney and/or may file a complaint with the Ethics Commission.
Proposers or bidders should reference Section 18-74 of the City of
Miami Code for further clarification.
This language is only a summary of the key provisions of the Cone of
Silence. Please review City of Miami Ordinance No. 12271 for a
complete and thorough description of the Cone of Silence. You may
contact the City Clerk at 305-250-5360, to obtain a copy of same.
10. Submitting Bids:
10.1. All Bids must be received in the office of the City Clerk, located at
City Hall 3500 Pan American Drive Miami, Florida 33133, before the
time and date specified for Bid opening, enclosed in a sealed
envelope, legibly marked on the outside. If the Contractor wishes to
Bid on more than (1) one Contract Number, the Contractor must
place the all Bids in (1) one envelope, and legibly mark the Bid
Number or Numbers on the outside of the envelope:
JOG BID FOR:
CONTRACT NO:
11. Printed Form of Bid:
11.1. All Bids must be made upon the blank Bid Form and Form of Bid,
Form 1 and Form 2 in Article 00407, The Bid must be signed and
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acknowledged by the Bidder in accordance with the directions on the
Bid Form. Use of any other forms will result in the reject of a Bid as
non -responsive.
12. Bid Guaranty and Required Bonds:
12.1. The bid bond is twenty five thousand ($25,000). Each bid must be
accompanied by a certified check, or by a bid bond prepared on the
form of bid bond incorporated herein, duly executed by the Bidder as
principal, and having as surety thereon a surety company authorized
to do business in the State of Florida and approved by the City. Such
checks or bid bonds shall be returned to all bidders not receiving the
award after the City and the accepted Bidder have executed the
Contract. Or, if no Contract has been executed, within one hundred
eighty days (180) days after the opening of bids, upon demand of the
Bidder at any time thereafter so long as such Bidder has not been
notified of the acceptance of such bid. See Forms 00710 and 00720.
Contract Number
Initial Performance
Bond/Term
Initial Payment
Bond/Term
Horizontal A
$5,000,000
$5,000,000
Vertical A
$5,000,000
$5,000,000
Vertical B
$2,000,000
$2,000,000
Vertical C
$1,000,000
$1,000,000
13. Acceptance or Rejection of Bids:
13.1. It is the intent to award multiple contract awards under the
solicitation. The City reserves the right to reject any or all bids prior to
award. Reasonable efforts will be made to either award the Contract
or reject all bids within one hundred eighty (180) calendar days after
bid opening date. A Bidder may not withdraw its bid unilaterally nor
change the Contract Price before the expiration of One hundred
eighty (180) calendar days from the date of Bid opening. A Bidder
may withdraw its Bid after the expiration of one hundred eight (180)
calendar days from the date of Bid opening by delivering written
notice of withdrawal to the Director of Transportation/Capital
Improvements prior to award of the Contract by the City Commission.
The City reserves the right to award additional contracts under this
solicitation after award if it is determined to be in the City's best
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interest for a period of one hundred and eighty (180) calendar days
following the opening of Bids.
13.2 At the discretion of the Director of Transportation/Capital
Improvements Bids may be withdrawn if it is determined that a
mistake has been made in submitting the Bid.
14. Determination of Award:
14.1. The City Commission shall award the contract to the lowest responsive
and responsible Bidder's. Eight (8) Horizontal A contracts will be
awarded to the lowest responsive and responsible Bidder. Three (3)
Vertical A contracts will be awarded to the lowest responsive and
responsible Bidder. Three (3) Vertical B contracts will be awarded to
the lowest and responsible Bidder. Two (2) Vertical C contracts will be
awarded to the lowest responsive and responsible Bidder. A lowest Bid
is determined by line 5 (five) on Bid Form 1 (one) contained herein.
The Bid amount will be determined by the combined adjustment factor
on bid form 1 (one) line 5 (five) for each Bid No.
In determining lowest responsive and responsible Bids, the following
shall be considered:
a. Adjustment Factors to be considered are based on the following
percentages. For purposes of determining the low bid from Bid
Form 2 the following percentages will be used;
The Normal Working Hours adjustment factor will be multiplied
by .70;
The Other Than Normal Hours adjustment factor will be
multiplied by .15;
The Normal Working Hours using Davis Bacon Wages
adjustment factor will be multiplied by .10
Other Than Normal Working Hours using Davis Bacon Wages
by .05
These four numbers will be summed. The Bidder with the lowest
sum shall be the lowest Bidder.
b. Qualifications and Experience
The ability, capacity and skill of the Bidder to perform the
contract.
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Whether the Bidder performed satisfactory on contracts within
the time specified, without delay or interference.
The character, integrity, reputation, judgment, experience and
efficiency of the Bidder.
The quality of performance on previous contracts.
The previous and existing compliance by the Bidder with laws
and ordinances relating to the contract.
Any litigation against the Bidder
Answers to the Bidder's Questionnaire Form 00500
The Management Plan in Form 00500
14.2. The contracts will be opened and read in following order;
For Horizontal Construction:
Horizontal A
For Vertical Construction:
Vertical A, Vertical B and Vertical C.
Qualified Bidders are encouraged to provide bids on multiple
Contracts. However, the City reserves the right to 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).
Therefore, if a Bidder is determined to be the lowest, responsive and
responsible Bidder on multiple contracts, if an award is made, said
Bidder will be awarded only one Contract, the Contract with the
highest dollar value/term.
15. Performance Evaluation:
15.1. The contractor will be evaluated on each Job Order. Results of the
evaluation will impact the issuance of future Job Orders. See to
Article 12 of the Supplemental Conditions for performance evaluation
criteria.
16. Contract Price:
16.1. The Contract Price is to include the furnishing of all labor, materials,
equipment including without limitation tools, services, obtaining
permits, applicable taxes, 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
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and the procedure for ordering these tasks are outlined in Article (12)
of the JOC Supplemental Conditions.
17. Postponement of Date for Presenting and Opening of Bids:
17.1. The City reserves the right to postpone the date for receipt and
opening of bids and will make a reasonable effort to give at least
seven (7) calendar day's written notice of any such postponement to
each prospective Bidder.
18. Qualifications of Bidders:
18.1. Bids shall be considered only from firms normally engaged in
performing the type of work specified within the Contract Documents.
Bidder must have adequate organization, facilities, equipment, and
personnel to ensure prompt and efficient service to City.
18.2. In determining a Bidder's responsibility and ability to perform the
Contract, City has the right to investigate and request information
concerning the financial condition, experience record, personnel,
equipment, facilities, principal business location and organization of
the Bidder, the Bidder's record with environmental regulations, and
the claims/litigation history of the Bidder.
18.3 Bids shall only be considered from Bidders that meet the minimum
qualifications listed below, as documented in the Bid.
Appropriate Licensing for the Bid Number being submitted.
Prior Experience: Horizontal Construction -Minimum of five (5) years
in Site Civil work including milling, paving, infrastructure and
streetscapes.
Prior Experience: Vertical Construction -Minimum of five (5) years as
a General Contractor in work including renovations and minor new
construction of buildings or structures
19. Addenda and Modifications:
19.1. The City shall make reasonable efforts to issue addenda within seven
(7) calendar days prior to bid opening. All addenda and other
modifications made prior to the time and date of bid opening shall be
issued as separate documents identified as changes to the Project
Manual.
20. Prevailing Wage Rates:
20.1. On some Job Orders, either in whole or in part, may be federally
assisted, and as such Bidders must comply with Section 109 of Title I
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of the Housing and Community Development Act of 1974, as
amended; the President's Executive Order 11246, as amended by
Executive 11375, which prohibits discrimination in employment
regarding race, color, religion, sex or national origin; 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 at the time of the Bid. It
must be incorporated into the Contract Documents and displayed at
the Job Site. Davis Bacon wages will only apply for work which is
federally funded and the wage decision will be decided on a project
by project basis.
20.3. Weekly payroll reports (WH347 or equivalent) are required to be
submitted by the contractor and subcontractors through the
contractor certifying that all laborers and mechanics engaged in the
construction of the project, including those employed by
subcontractors, have been paid no less than the minimum wage
rates as listed on the enclosed wage decision.
21. Community Benefits Programs and Participation
21.1. Minority / Women Business Enterprise (MNVBE) Program
Chapter 18-Article 3 of the City Code, initially adopted as Ordinance
No. 10062, as amended, entitled the Minority and Women Business
Affairs and Procurement Ordinance of the City of Miami, Florida sets
forth " a goal of awarding at least 51 percent of the City's total
annual dollar volume of all expenditures for all goods and services, to
Black, Hispanic and Women minority business enterprises on an
equal basis." A minority business enterprise is defined as a business
firm "...in which at least 51 percent of said enterprise is owned by
Blacks, Hispanics, or Women and whose management and daily
business operations are controlled by one or more Blacks, Hispanics
or Women." To achieve the goal established by Ordinance 10062,
vendors doing business with the City are encouraged to include
minority firms as participants in their Responses.
21.2 Small And Disadvantaged Business Enterprise Participation
For this program, the City strongly encourages Bidders/Proposers to
secure the participation of Small businesses, Community Small
Business Enterprises (CSBE), and/or Disadvantaged Business
Enterprises (DBEs) that are currently registered with and/or certified
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by other governmental agencies within Florida, under programs in
effect for the Florida Department of Transportation, Miami -Dade or
Broward Counties, and the Miami Dade County Public Schools.
21.3 First Source Hiring
Section t 8-t 10 of the City Code states:
(a) The commission approves implementation of the first -source hiring
agreement policy and requires as a condition precedent to the
execution of service contracts for facilities, services, and/or receipt of
grants and loans, for projects of a nature that create new jobs, the
successful negotiation of first -source hiring agreements between the
organization or individual receiving said contract and the authorized
representative unless such an agreement is found infeasible by the
city manager and such finding approved by the city commission at a
public hearing.
(b) For the purpose of this section, the following terms, phrases, words
and their derivations shall have the following meanings:
Authorized representative means the Private Industry Council of
South Florida/South Florida Employment and Training Consortium, or
its successor as local recipient of federal and state training and
employment funds.
Facilities means all publicly financed projects, including but without
limitation, unified development projects, municipal public works, and
municipal improvements to the extent they are financed through
public money services or the use of publicly owned property.
Grants and loans means, without limitation, urban development
action grants (UDAG), economic development agency construction
loans, loans from Miami Capital Development, Incorporated, and all
federal and state grants administered by the city.
Service contracts means contracts for the procurement of services by
the City which include professional services.
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City of Miami
Services include, without limitation, public works improvements,
facilities, professional services, commodities, supplies, materials and
equipment.
(c) The authorized representative shall negotiate each first -source hiring
agreement.
The primary beneficiaries of the first -source hiring agreement shall be
participants of the City training and employment programs, and other
residents of the City.
Bidders are strongly encouraged to identify opportunities with each
Job Order to .hire qualified City residents if a contract is awarded, and
are expected to secure the cooperation of subcontractors in this effort
as well. Approved community agencies are available to assist with
recruitment and screening of job applicants, and will periodically
monitor contractors' employment records during the term of the
contract. Applicants are not expected to receive special
consideration, and must meet all hiring requirements normally
imposed by the employer.
21.4 Documentation of Community Participation Benefits
Proposers/Bidders shall demonstrate efforts to comply with the
established participation goals for the above Community Participation
Benefits under the Contract as follows:
Securing the participation of local firms, MIWBEs, CSBEs and/or
DBEs as subcontractor, subconsultant or major supplier for the
Contractor and identifying each with each Job Order, along with the
corresponding level of participation as a percentage of total contract
compensation or dollar value
For M/WBEs, CSBEs and/or DBEs, submitting copies of applicable
registrations or certifications from the issuing governmental agency
as part of the submittal (bid/proposal/qualifications). Only
registrations that are in effect at the time of the submittal deadline will
be considered.
For local firms, submit the Local Office Affidavit form and
occupational license
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For City resident hiring, execute and submit the First Source Hiring
Compliance affidavit identifying all potential employment
opportunities becoming available as a result of the Contract, if
awarded.
21.5 To achieve the goal established by these Ordinances, participation in
providing goods and services to the City by minorities is being
encouraged in a number of ways. All bidders doing business with the
City are encouraged to include the participation of minority firms in
their bids. In evaluating bids for determination of awards, minority
participation may be a factor. Failure to adequately involve minority
firms may be a basis for not receiving additional Job Orders.
Possible ways to include minority participation would involve:
1. Joint venture with a minority firm(s)
2. Utilizing minority firm(s) as subcontractor(s).
3. Utilizing minority firms) to supply goods and/or services.
4. Successful implementation of well defined affirmative action
program.
5. Other forms of minority participation, if properly documented.
21.6 Successful bidder(s) shall be required to establish an Affirmative
Action Plan, if not, an Affirmative Action Policy shall be established,
pursuant to Ordinance #10062 as amended. Effective date of
implementation must be indicated on the policy. The Minority
Procurement Program is voluntary and the Bidder's compliance will
not be a factor in determining him to be non -responsive.
21.7 Minority and women -owned business firms are encouraged, but not
required, to register with the City prior to submitting bids. The
Purchasing Department, Minority/Women Business Affairs Office, will
provide the necessary forms and instructions upon request. All
bidders are urged to submit bids for any goods or services that they
are able to supply, regardless of minority classification. However,
compliance with all requests for information regarding
Minority/Women Status or Participation is required. Bidders may
contact this Office at (305) 416-1913 for information.
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21.8 The City of Miami directory listing certified minority firms by
commodities can be located by visiting our website at
http://www.ci.miami.fLus/procurement/mwbe.asp.
21.8.1 You are reminded that a prime contractor certified as a City of Miami
M/WBE firm will be considered meeting this goal and will not be
required to subcontract any of the trades to M/WBE firms. Also, all
firms shall submit written documentation evidencing the fact that they
have attempted to reach out to City of Miami certified M/WBE firms.
The Contractor will be required to submit any and all MWBE firms with
each Job Order Proposal.
22. Equal Employment Opportunity/Affirmative Action
22.1 Bidders are required to submit to the City of Miami proof and
supporting documentation in such form and in such manner as the
City may require, evidencing that the bidder does not discriminate
against persons on the basis of race, color, creed, sex, age or
nationality, in employment, including the upgrading, demotion,
recruiting, transfer, layoff, termination, pay raise or advertisement for
employment Successful bidder(s) shall be required to have an
Affirmative Action Policy, or if not existing, shall established an
Affirmative Action Policy, pursuant to City regulations, including
Ordinance No. 10062, as amended. Document 00408 is provided for
this purpose. Effective date of implementation must be indicated on
the policy.
23. Resolution of Protest
23.1 (City Code Section 18-103 — 18-106; Ordinance No. 12271, as
amended) is reproduced here in its entirety. In the event of a protest, strict
compliance with these procedures is required.
Sec. 18-103. Disputes and legal remedies.
The following procedures in sections 18-104 through 18-107 shall be used for
arriving at early settlement of grievances by interested parties who have
participated in the city's procurement process.
Sec. 18-104. Resolution of protested solicitations and awards.
Right to protest. The following procedures shall be used for resolution of
protested solicitations and awards except for purchases of goods, supplies,
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equipment, and services, the estimated cost of which does not exceed
$25,000.00. Protests thereon shall be governed by the administrative policies
and procedures of purchasing.
Protest of solicitation.
Any prospective proposer who perceives itself aggrieved in connection with
the solicitation of a contract may protest to the chief procurement officer. A
written notice of intent to file a protest shall be filed with the chief procurement
officer within three days after the request for proposals, request for
qualifications or request for letters of interest is published in a newspaper of
general circulation. A notice of intent to file a protest is considered filed when
received by the chief procurement officer; or
Any prospective bidder who intends to contest bid specifications or a bid
solicitation may protest to the chief procurement officer. A written notice of
intent to file a protest shall be filed with the chief procurement officer within
three days after the bid solicitation is published in a newspaper of general
circulation. A notice of intent to file a protest is considered filed when received
by the chief procurement officer.
Protest of award.
Any actual proposer who perceives itself aggrieved in connection with the
recommended award of contract may protest to the chief procurement officer.
A written notice of intent to file a protest shall be filed with the chief
procurement officer within two days after receipt by the proposer of the notice
of the city manager's recommendation for award of contract. The receipt by
proposer of such notice shall be confirmed by the city by facsimile or
electronic mail or U.S. mail, return receipt requested. A notice of intent to file
a protest is considered filed when received by the chief procurement officer;
or
Any actual responsive and responsible bidder whose bid is lower than that of
the recommended bidder may protest to the chief procurement officer. A
written notice of intent to file a protest shall be filed with the chief procurement
officer within two days after receipt by the bidder of the notice of the city's
determination of non responsiveness or non responsibility. The receipt by
bidder of such notice shall be confirmed by the city by facsimile or electronic
mail or U.S. mail, return receipt requested. A notice of intent to file a protest is
considered filed when received by the chief procurement officer.
A written protest based on any of the foregoing must be submitted to the chief
procurement officer within five days after the date the notice of protest was
filed. A written protest is considered filed when received by the chief
procurement officer.
March 2005 City of Miami Page 29
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City of Miami
The written protest may not challenge the relative weight of the evaluation
criteria or the formula for assigning points in making an award determination.
The written protest shall statewith particularity the specific facts and law upon
which the protest of the solicitation or the award is based, and shall include all
pertinent documents and evidence and shall be accompanied by the required
filing fee as provided in subsection (f). This shall form the basis for review of
the written protest and no facts, grounds, documentation .or evidence not
contained in the protester's submission to the chief procurement officer at the
time of filing the protest shall be permitted in the consideration of the written
protest.
No time will be added to the above limits for service by mail. In computing any
period of time prescribed or allowed by this section, the day of the act, event
or default from which the designated period of time begins to run shall not be
included. The last day of the period so computed shall be included unless it
is a Saturday, Sunday or legal holiday in which event the period shall run until
the end of the next day which is neither a Saturday, Sunday or legal holiday.
Intermediate Saturdays, Sundays and legal holidays shall be excluded in the
computation of the time for filing.
Authority to resolve protests. The chief procurement officer shall have the
authority, subject to the approval of the city manager and the city attomey, to
settle and resolve any written protest. The chief procurement officer shall
obtain the requisite approvals and communicate said decision to the
protesting party and shall submit said decision to the city commission within
30 days after he/she receives the protest. In cases involving more than
$25,000.00, the decision of the chief procurement officer shall be submitted
for approval or disapproval thereof to the city commission after a favorable
recommendation by the city attorney and the city manager.
Compliance with filing requirements. Failure of a party to timely file either the
notice of intent to file a protest or the written protest, together with the
required filing fee as provided in subsection (f), with the chief procurement
officer within the time provided in subsection (a), above, shall constitute a
forfeiture of such party's right to file a protest pursuant to this section. The
protesting party shall not be entitled to seek judicial relief without first having
followed the procedure set forth in this section.
Stay of procurements during protests. Upon receipt of a written protest filed
pursuant to the requirements of this section, the city shall not proceed further
with the solicitation or with the award of the contract until the protest is
resolved by the chief procurement officer or the city commission as provided
in subsection (b) above, unless the city manager makes a written
determination that the solicitation process or the contract award must be
Page 30 City of Miami March 2005
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continued without delay in order to avoid an immediate and serious danger to
the public health, safety or welfare.
Costs. All costs accruing from a protest shall be assumed by the protestor.
Filing fee. The witten protest must be accompanied by a filing fee in the form
of a money order or cashier's check payable to the city in an amount equal to
one percent of the amount of the bid or proposed contract, or $5,000.00,
whichever is Tess, which filing fee shall guarantee the payment of all costs
which may be adjudged against the protestor in any administrative or court
proceeding. If a protest is upheld by the chief procurement officer and/or the
city commission, as applicable, the filing fee shall be refunded to the protestor
less any costs assessed under subsection (e) above. If the protest is denied,
the filing fee shall be forfeited to the city in lieu of payment of costs for the
administrative proceedings as prescribed by subsection (e) above.
Sec. 18-105. Resolution of contract disputes.
Authority to resolve contract disputes. The city manager, after obtaining the
approval of the city attorney, shall have the authority to resolve controversies
between the contractual party and the city which arise under, or by virtue of, a
contract between them; provided that, in cases involving an amount greater
than $25,000.00, the city commission must approve the city manager's
decision. Such authority extends, without limitation, to controversies based
upon breach of contract, mistake, misrepresentation or lack of complete
performance, and shall be invoked by a contractual party by submission of a
protest to the city manager.
Contract dispute decisions. If a dispute is not resolved by mutual consent, the
city manager shall promptly render a written report stating the reasons for the
action taken by the city commission or the city manager which shall be final
and conclusive. A copy of the decision shall be immediately provided to the
protesting party, along with a notice of such party's right to seek judicial relief,
provided that the protesting party shall not be entitled to such judicial relief
without first having followed the procedure set forth in this section.
Sec. 18-106. Remedies prior to award.
If prior to contract. award it is determined that a solicitation or proposed award
is in violation of law, then the solicitation or proposed award shall be canceled
by the city commission, the city manager or the chief procurement officer, as
may be applicable, or revised to comply with the law.
March 2005 City of Miami Page 31
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City of Miami
00400 BID FORM
Job Order Contract #
Submitted:
Date
City of Miami, City Clerk
City Hall, 3500 Pan American Drive
Miami, 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 declares that it has examined the Contract Documents and all
addenda thereto furnished before the opening of the bids, as acknowledged below;
and that it has satisfied itself about the Work to be performed; and all other required
information with the bid; and that this bid is submitted voluntarily and willingly.
The Bidder agrees, if this bid is accepted, to contract with the City, a political
subdivision of the State of Florida, pursuant to the terms and conditions of the
Contract Documents and to furnish all necessary materials, equipment, machinery,
tools, apparatus, means of transportation, and all labor necessary to construct and
complete within the time limits specified the Work covered by the Contract
Documents for the Project entitled:
Job Order Contract No:
The Bidder also agrees to furnish the required Performance Bond and Payment
Bonds and to furnish the required Certificate(s) of Insurance. The undersigned
further agrees that the bid guaranty accompanying the bid shall be forfeited if Bidder
fails to execute said Contract, or fails to furnish the required Performance Bond and
Payment Bond, or fails to furnish the required Certificate(s) of Insurance within
seven (7) calendar days after being notified of the award of the Contract.
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
Page 32 City of Miami March 2005
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Project Manual
following addenda (identified by number) received since issuance of the Project
Manual:
Addendum Number
Date Signature
The Bidder shall acknowledge this bid by signing and completing the spaces
provided below.
Name of Bidder:
City/State/Zip:
Telephone No.:
Social Security No.
or Federal Dun and Bradstreet No.:
(if applicable)
I. D. No.: Bradstreet No.:
(if applicable)
If a partnership, names and addresses of partners:
March 2005 City of Miami Page 33
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City of Miami
(Sign below if not incorporated)
WITNESSES:
(Signature)
(Sign below if incorporated)
ATTEST:
(Type or Print Name of Bidder)
(Type or Print Name Signed Above)
(Type or Print Name of Corporation)
(Secretary) (Signature and Title)
CORPORATE SEAL)
(Type or Print Name Signed Above)
Incorporated under the laws of the State of:
Page 34 City of Miami March 2005
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00405 CITY OF MIAMI LICENSES' PERMITS AND FEES
Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contract a
will have to pay the City before or during construction by unit method of all licenses,
permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by
virtue of this construction as part of the Contract is as follows:
The City will reimburse the Contractor for the cost of the Permit only as a
Miscellaneous Reimbursable cost as listed in the CTC (01204-1001) with no
marked -ups. The cost for obtaining these Permits is to be included in the
Contractor's Adjustment Factor.
City of Miami Master Permit Fee and applicable Major Trade Permit fees (Le.
mechanical, Plumbing, Electrical, and Fire) are waived. Any other permit fees not
directly related to the actual construction of the project (i.e. Permits for dumpsters,
job trailers) are not waived. Licenses, permits and fees which may be required by
Miami -Dade County, the. State of Florida, or other governmental entities cannot be
waived by the City and must be secured if required.
The City also advises that the Contract requires the Contractor to obtain and pay for
the licenses permit and or approvals listed below;
Building, Public Works, Zoning and Police Permits.
LICENSES, PERMITS AND FEES WHICH MAY BE REQUIRED BY
MIAMI DADE COUNTY THE STATE OF FLORIDA, STATE OR
OTHER ARE NOT INCLUDED IN THE ABOVE LIST. OBTAINING
THESE PERMITS IS THE RESPONSIBILITY OF THE CONTRACTOR
AND WILL BE REIMBURSED BY THE CITY AS MISCALLANEOUS
REIMBURSABLE TASK WITH NO MARK-UPS.
1 Occupational licenses from City of Miami firms will be required to be
submitted within fifteen (15) days of notification of intent to award.
2 Occupational licenses will be required pursuant to Chapter 205.065
Florida Statutes.
March 2005 City of Miami Page 35
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Project Manual
00407 FORM OF BID
BID FORM 1
SCHEDULE OF PRICES
FOR CAPITAL IMPROVEMENT PROJECTS; HORIZONTAL CONSTRUCTION A
Line 1
Line 2
The Bidder hereby proposes to furnish all labor, materials, equipment,
transportation, supervision, 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 (4) four adjustment factors
that will be applied against the prices set forth in the Construction Task
CatalogTM (CTC). Each bidder must submit (4) adjustment factors in order to
be considered responsive. (These adjustment factors will be considered for
12 months from date of contract award)
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 CatalogTM (CTC)
multiplied times the adjustment factor of:
(Specify to four (4) decimal places)
Other Than Normal Working Hours Construction: Contractor shall perform
any or all functions called for in the Contract Documents and the individual
project Detailed Scope of Work, scheduled during other than normal
working hours in the quantities specified in individual Job Orders against
this contract for the unit price sum specified in the Construction Task
CatalogTM (CTC) multiplied times the adjustment factor of:
(Specify to four (4) decimal places)
Page 36 City of Miami March 2005
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Line 3 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 CatalogTM (CTC) multiplied times the adjustment factor
of:
(Specify to four (4) decimal places)
Line 4 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 CatalogTM (CTC) multiplied times
the adjustment factor of:
(Specify to four (4) decimal places)
Line 5 Combined Adjustment Factor (From Bid Form 2)
(Specify to four (4) decimal places)
March 2005 City of Miami Page 37
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BID FORM 2
COMBINED ADJUSTMENT FACTOR WORKSHEET
FOR CAPITAL IMPROVEMENT PROJECTS; HORIZONTAL CONSTRUCTION A
For the purposes of determining the low bid the Contractor shall complete the
following worksheet,
(Specify to four (4) decimal places).
1. Normal Working Hours Construction Adjustment Factor
2. Multiply Line 1 by .70
3. Other Than Normal Working Hours Construction Adjustment Factor
4. Multiply Line 3 by .15.
5. Normal Working Hours Construction using Davis Bacon Wages
6. Multiply Line 5 by .10
7. Other Than Normal Working Hours Construction using Davis Bacon
8. Multiply line 7 by .05
9. Add lines 2+4+6+8
(Combined Adjustment Factor)
The Bidder shall complete this Combined Adjustment Factor Worksheet and transfer
the Bid Adjustment Factors, (Line 1, 3, 5, 7) and Final Combined Adjustment Factor
(Line 9) 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 Name:
Authorized Signature:
Printed Name:
Date:
Page 38 City of Miami March 2005
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BID FORM 1
SCHEDULE OF PRICES
FOR CAPITAL IMPROVEMENT PROJECTS; VERTICAL CONSTRUCTION A
Line 1
The Bidder hereby proposes to furnish all labor, materials, equipment,
transportation, supervision, 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 (4) four adjustment factors
that will be applied against the prices set forth in the Construction Task
CatalogTM (CTC). Each bidder must submit (4) adjustment factors in order to
be considered responsive. (These adjustment factors will be considered for
12 months from date of contract award)
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 CatalogTM (CTC)
multiplied times the adjustment factor of:
(Specify to four (4) decimal places)
Line 2 Other Than Normal Working Hours Construction: Contractor shall perform
any or all functions called for in the Contract Documents and the individual
project Detailed Scope of Work, scheduled during other than normal
working hours in the quantities specified in individual Job Orders against
this contract for the unit price sum specified in the Construction Task
CatalogTM (CTC) multiplied times the adjustment factor of:
(Specify to four (4) decimal places)
Line 3 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
March 2005 City of Miami Page 39
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Project Manual
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 CatalogTM (CTC) multiplied times the adjustment factor
of:
(Specify to four (4) decimal places)
Line 4 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 CatalogTM (CTC) multiplied times
the adjustment factor of:
(Specify to four (4) decimal places)
Line 5 Combined Adjustment Factor (From Bid Form 2)
(Specify to four (4) decimal places)
Page 40 City of Miami March 2005
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BID FORM 2
COMBINED ADJUSTMENT FACTOR WORKSHEET
FOR CAPITAL IMPROVEMENT PROJECTS; VERTICAL CONSTRUCTION A
For the purposes of determining the low bid the Contractor shall complete the
following worksheet.
(Specify to four (4) decimal places).
1. Normal Working Hours Construction Adjustment Factor
2. Multiply Line 1 by .70
3. Other Than Normal Working Hours Construction Adjustment Factor
4. Multiply Line 3 by .15.
5. Normal Working Hours Construction using Davis Bacon Wages
6. Multiply Line 5 by .10
7. Other Than Normal Working Hours Construction using Davis Bacon
8. Multiply line 7 by .05
9. Add lines 2+4+6+8
(Combined Adjustment Factor)
The Bidder shall complete this Combined Adjustment Factor Worksheet and transfer
the Bid Adjustment Factors, (Line 1, 3, 5, 7) and Final Combined Adjustment Factor
(Line 9) 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 Name:
Authorized Signature:
Printed Name:
Date:
March 2005 City of Miami Page 41
Project Manual
City of Miami
BID FORM 1
SCHEDULE OF PRICES
FOR CAPITAL IMPROVEMENT PROJECTS; VERTICAL CONSTRUCTION B
Line 1
The Bidder hereby proposes to furnish all labor, materials, equipment,
transportation, supervision, 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 (4) four adjustment factors
that will be applied against the prices set forth in the Construction Task
CatalogTM (CTC). Each bidder must submit (4) adjustment factors in order to
be considered responsive. (These adjustment factors will be considered for
12 months from date of contract award)
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 CatalogtM (CTC)
multiplied times the adjustment factor of:
(Specify to four (4) decimal places)
Line 2 Other Than Normal Working Hours Construction: Contractor shall perform
any or all functions called for in the Contract Documents and the individual
project Detailed Scope of Work, scheduled during other than normal
working hours in the quantities specified in individual Job Orders against
this contract for the unit price sum specified in the Construction Task
CataloglM (CTC) multiplied times the adjustment factor of:
(Specify to four (4) decimal places)
Line 3 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
Page 42 City of Miami March 2005
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Project Manual
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 CatalogTM (CTC) multiplied times the adjustment factor
of:
(Specify to four (4) decimal places)
Line 4 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 CatalogTM (CTC) multiplied times
the adjustment factor of:
(Specify to four (4) decimal places)
Line 5 Combined Adjustment Factor (From Bid Form 2)
(Specify to four (4) decimal places)
March 2005 City of Miami Page 43
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Project Manual
BID FORM 2
COMBINED ADJUSTMENT FACTOR WORKSHEET
FOR CAPITAL IMPROVEMENT PROJECTS; VERTICAL CONSTRUCTION B
For the purposes of determining the low bid the Contractor shall complete the
following worksheet.
(Specify to four (4) decimal places).
1. Normal Working Hours Construction Adjustment Factor
2. Multiply Line 1 by .70
3. Other Than Normal Working Hours Construction Adjustment Factor
4. Multiply Line 3 by .15.
5. Normal Working Hours Construction using Davis Bacon Wages
6. Multiply Line 5 by .10
7. Other Than Normal Working Hours Construction using Davis Bacon
8. Multiply line 7 by .05
9. Add lines 2+4+6+8
(Combined Adjustment Factor)
The Bidder shall complete this Combined Adjustment Factor Worksheet and transfer
the Bid Adjustment Factors, (Line 1, 3, 5, 7) and Final Combined Adjustment Factor
(Line 9) 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 Name:
Authorized Signature;
Printed Name:
Date:
Page 44 City of Miami March 2006
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BID FORM 1
SCHEDULE OF PRICES
FOR CAPITAL IMPROVEMENT PROJECTS; VERTICAL CONSTRUCTION C
Line 1
Line 2
The Bidder hereby proposes to furnish all labor, materials, equipment,
transportation, supervision, 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 (4) four adjustment factors
that will be applied against the prices set forth in the Construction Task
CatalogTM (CTC). Each bidder must submit (4) adjustment factors in order to
be considered responsive. (These adjustment factors will be considered for
12 months from date of contract award)
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 CatalogTM (CTC)
multiplied times the adjustment factor of:
(Specify to four (4) decimal places)
Other Than Normal Working Hours Construction: Contractor shall perform
any or all functions called for in the Contract Documents and the individual
project Detailed Scope of Work, scheduled during other than normal
working hours in the quantities specified in individual Job Orders against
this contract for the unit price sum specified in the Construction Task
CatalogTM (CTC) multiplied times the adjustment factor of:
(Specify to four (4) decimal places)
Line 3 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
March 2005 City of Miami Page 45
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Project Manual
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 CatalogTM (CTC) multiplied times the adjustment factor
of:
(Specify to four (4) decimal places)
Line 4 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 CatalogTM (CTC) multiplied times
the adjustment factor of:
(Specify to four (4) decimal places)
Line 5 Combined Adjustment Factor (From Bid Form 2)
(Specify to four (4) decimal places)
Page 46 City of Miami March 2005
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BID FORM 2
COMBINED ADJUSTMENT FACTOR WORKSHEET
FOR CAPITAL IMPROVEMENT PROJECTS; VERTICAL CONSTRUCTION C
For the purposes of determining the low bid the Contractor shall complete the
following worksheet.
(Specify to four (4) decimal places).
1. Normal Working Hours Construction Adjustment Factor
2. Multiply Line 1 by .70
3. Other Than Normal Working Hours Construction Adjustment Factor
4. Multiply Line 3 by .15.
5. Normal Working Hours Construction using Davis Bacon Wages
6. Multiply Line 5 by .10
7. Other Than Normal Working Hours Construction using Davis Bacon
8. Multiply line 7 by .05
9. Add lines.2+4+6+8
(Combined Adjustment Factor)
The. Bidder shall complete this Combined Adjustment Factor Worksheet and transfer
the Bid Adjustment Factors, (Line 1, 3, 5, 7) and Final Combined Adjustment Factor
(Line 9) 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 Name:
Authorized Signature:
Printed Name:
Date:
March 2005 Clty of Miami Page 47
Project Manual
City of Miami
00500 SUPPLEMENT TO BID FORM — QUESTIONNAIRE AND JOC
MANAGEMENT PLAN
THIS COMPLETED FORM AND THE JOC MANAGEMENT PLAN 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. BIDDER MUST SUBMIT SEPARATE FORMS 00500 IF
BIDDING . IS BIDDING ON BOTH HORIZONTAL AND VERTICAL
CONTRACTS.
QUESTIONNAIRE
The undersigned authorized representative of the Bidder certifies the truth and
accuracy of all statements and the answers contained herein. if additional pages are
needed to complete this questionnaire please include with your response.
1. How many years has your organization been in business while possessing
one of the licenses, certifications, or registrations specified in the Invitation to
Bid.
License/Certification/Registration # Years
1.1 What business are you in?
2. What is the last project of this nature that you have completed?
3. Have you ever failed to complete any work awarded. to you? If so, where and
why?
Page 48 City of Miami March 2005
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3.1. Give owner names, addresses and telephone numbers, and surety
and project names, for all projects for which you have performed
work, where your surety has intervened to assist in completion of the
project, whether or not a claim was made.
4. Give names, addresses and telephone numbers of five individuals,
corporations, agencies, or institutions for which you have performed work:
4.1 .
(name)
4.2.
(address) (phone #)
(name)
4.3.
(address) (phone #)
(name)
4.4.
(address) (phone #)
(name)
4.5.
(address) (phone #)
(name)
(address) (phone #)
5. List the following information concerning all contracts in progress as of the
date of submission of this bid. (In case of co -venture, list the information for
all co-Venturors.)
March 2005 City of Miami Page 49
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Project Manual
TOTAL DATE OF %OF
NAME OF OWNER & CONTRACT EPER CONTRON ACT COMPLETIONO DATE
PROJECT PHONE #
(Continue list on inserted 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?
7. What trade of work will company will self perform?
8. What equipment do you own that is available for the work?
9. State the name of your proposed project manager and superintendent and
give details of his or her qualifications and experience in managing similar
work.
Page 50 City of Miami March 2005
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10. 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 place 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).
10.1. The correct name of the Bidder is
10.2. The business is a (Sole Proprietorship) (Partnership) (Corporation)
(Limited Liability Company) (Other).
10.3. The address of principal place of business is:
10.4. The names of the corporate officers, or partners, or individuals doing
business under a trade name, are as follows:
10.5. List the d/b/a name and include a copy of the factions name affidavit.
10.6. List all organizations which were predecessors to Bidder or in which
the principals or officers of the Bidder were principals or officers.
March 2005 City of Miami Page 51
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10.7. 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.
10.8. List and describe all successful settled, compromised or paid
Performance or Payment Bond claims made to your surety(ies)
during the last five (5) years. The list and descriptions should include
claims against the bond of the Bidder and its predecessor
organization(s),
10.9. List all claims, arbitrations, mediation, or 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.
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10.10. List and describe ali criminal proceedings or hearings concerning
business related offenses in which the Bidder, its principals or
officers or Subsidiary or predecessor organization(s) or entities were
defendants.
10.11. Has the Bidder, its principals, officers or predecessor organization(s)
been debarred or suspended or otherwise disqualified or otherwise
disqualified from bidding by any government or public agency during
the last five (5) years? If yes, provide details.
10.12. Under what conditions does the Bidder request Change Orders?
10.13 JOC Management Plan;
A. The Bidder is required to submit three copies of its plan for
management of the Contract. The title of the submittal shall be
"MANAGEMENT PLAN FOR EXECUTION OF JOB ORDER
CONTRACTING." The Contractor's Management Plan must be
submitted with the Bidder's bid documents.
B. In addition to the proposal documents and other required submittals,
the Contractor's Management Plan will be used by the City to
determine the responsibility of the Bidder to perform the Contract.
Therefore the Bidder should take great care in the preparation of the
management plan.
C. The management plan must be customized for this particular Contract.
The Bidder is expected to evaluate the requirements of the Contract,
assimilate the information provided at the pre -bid meeting and provide
meaningful narrative regarding the topics mentioned below.
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D. The Bidder may be determined non -responsive for failure to submit the
Management Plan for Execution of Job Order Contracting and, or
declared non -responsible for failure to adequately address the issues
below to the satisfaction of the City.
E. The Management Plan shall include as a minimum the following
information and organized specifically as shown below:
1. Construction and Operations Management Plan:
A narrative description of how you propose to execute the
project, including but not limited to:
1.1 Your general understanding of the JOC procurement
system including your assessment of any of the
articles of the General Conditions you deem critical
to the operations and management of the project.
1.2 Your approach to subcontracting vs. performing the
work with your own forces. Identify the types of work
you intend to perform with your own forces and
provide a list of employees and equipment
demonstrating your capability to perform the
proposed work.
1.3 The JOC Contractor is required to participate in the
development and documentation of the scope of
work for each Job Order. Explain in detail your
proposed participation and the specific qualities of
your personnel that will add benefit to this process.
1.4 The JOC Contractor prepares a price proposal from
the Construction Task CatalogTM. Explain in detail
your planned procedure for developing price
proposals within the time frame allowed in the
Contract Documents.
1.5 How you plan to insure the accuracy of price
proposals in regards to verifying that the items in the
price proposal are required of the detail scope of
work at the correct quantity.
1.6 How you will control and insure the accuracy of
submittals: samples, cut sheets, drawings, test and
inspection reports, and shop drawings.
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1.7 How you plan to select and coordinate
subcontractors.
1.8 Quality control/quality assurance procedures to be
followed.
1.9 Report formats and methods for tracking project
progress and payment status.
1.10 Provide a safety plan and your approach to accident
prevention. Provide the name qualifications and
experience of your safety officer and what his/her
duties and responsibilities will be overall and at the
construction project site.
1.11 Provide your approach to the expeditious close out of
projects, correction of unacceptable work, and punch
list procedures.
2. Management Team:
2.1 Provide an organizational chart.
2.2 Describe the responsibilities and duties of each
position by indicating who will manage the overall
contract, perform joint scopes, prepare proposals,
negotiate with subcontractors, supervise
construction, and perform administration tasks.
2.3 Provide resumes of the Contractor's Staff fisted in
Volume I, JOC Supplemental Conditions and what
experience and qualities will enhance the
management and or operations of this project.
Resumes shall be prepared as follows: 1)
Experience: in descending chronological order list
for each experience: the position held, the dates in
that position, the company, the major duties
performed, and major projects for which the
nominated person had direct responsibility in that
position. 2) Education: list all schools of higher
education attended and degree(s) achieved and
other certificates of education eamed.
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City of Miami
2.4 Comment on how you intend to meet the minimum
level of staffing and your plan for adjusting staffing
levels to changing work volumes.
3. Experience and Reference Information
3.1 Provide a listing of all comparable contracts (Le. JOC
Contracts, indefinite quantity type Contracts, management
of multiple projects and multiple sites, with multiple
subcontractors simultaneously) currently under
construction and completed in the last five years:
Project Name and Location:
Type of Contract:
Contract Amount:
Date Completed:
Owner Reference and Telephone No.:
Description of why this project is relevant to this
Contract:
3.2 Provided that the City accepts the Contractor's
Management Plan, it shall be incorporated in this Contract
and any deviation from the Management Plan without the
express written approval of the City may be deemed an
event of default under this Contract.
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00520 SUPPLEMENT TO BID FORM - NON -COLLUSION
CERTIFICATE
PRIOR TO AWARD OF THE CONTRACT THIS FORM MUST BE
SUBMITTED FOR BIDDER TO BE DEEMED RESPONSIBLE.
Submitted this day of , 2005.
The undersigned, as Bidder, declares that the only persons interested in this
proposal are named herein; that no other person has any interest in this proposal or
in the contract to which this proposal pertains; that this proposal is made without
connection or arrangement with any other person; and that this proposal is in every
respect fair and made in good faith, without collusion or fraud.
The Bidder agrees if this proposal is accepted, to execute an appropriate City of
Miami document for the purpose of establishing a formal contractual relationship
between the Bidder and the City of Miami, Florida, for the performance of all
requirements to which the Bid pertains.
The Bidder states that this proposal is based upon the documents identified by the
following number: Bid No.
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
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00530 SUPPLEMENT TO BID FORM - DRUG FREE WORKPLACE
CERTIFICATION
PRIOR TO AWARD OF THE CONTRACT THIS FORM MUST BE SUBMITTED
FOR BIDDER TO BE DEEMED RESPONSIBLE.
The undersigned Bidder hereby certified that it will provide a drug -free workplace
program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the 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.
Giving ail employees engaged in performance of the Contract a copy of the
statement required by subparagraph (1).
(4) Notifying ail employees, in writing, of the statement required by subparagraph
(1), that as a condition of employment on a covered Contract, the employee
shall:
(I) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a
criminal drug statute for a violation occurring in the workplace no later
than five (5) calendar days after such conviction;
Notifying City government in writing within ten (10) calendar days after
receiving notice under subdivision (4) (ii) above, from an employee or
otherwise receiving actual notice of such conviction. The notice shall include
the position title of the employee.
(3)
(5)
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(6) Within thirty (30) calendar days after receiving notice under subparagraph (4)
of a conviction, taking one of the following actions with respect to an
employee who is convicted of a drug abuse violation occurring in the
workplace:
(i)
(7)
Taking appropriate personnel action against such employee, up to
and including termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
federal, state, or local health, law enforcement, or other appropriate
agency; and
Making a good faith effort to maintain a drug -free workplace program through
implementation of subparagraphs (1) through (6).
(Bidder Signature)
STATE OF (Print Vendor Name)
COUNTY OF
The foregoing instrument was acknowledged before me this day of,
20 , by as _
(title) of
(name of person whose signature is being notarized) (name of
corporation/company), known to me to be the person described herein, or who
produced
as identification, and who did/did not take an oath.
NOTARY PUBLIC:
(Signature) (Print Name)
My commission expires:
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City of Miami
00540 SUPPLEMENT TO BID FORM -TRENCH SAFETY ACT
PRIOR TO AWARD OF THE CONTRACT THIS FORM MUST BE SUBMITTED
WITH BID FOR BID TO BE DEEMED RESPONSIVE.
On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law.
This incorporates the Occupational Safety & Health Administration (OSHA) revised
excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own
standards.
The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this
Act, and will comply with all applicable trench safety standards. Such assurance
shall be legally binding on all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of
compliance with the applicable trench safety standards.
BIDDER ACKNOWLEDGES THAT INCLUDED IN THE ADJUSTMENT FACTORS
OF THE PROPOSAL ARE COSTS FOR COMPLYING WITH THE FLORIDA
TRENCH SAFETY ACT.
IN ORDER TO BE CONSIDERED RESPONSIVE. THE BIDDER MUST
COMPLETE THIS FORM. SIGN AND SUBMIT IT WITH THEIR BID DOCUMENT.
Name of Bidder
Authorized Signature of Bidder
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00500 RECYCLED CONTENT INFORMATION
In support of the Florida Waste Management Law, Bidders are encouraged to supply
with their bid, any information available regarding recycled material content in the
products bid. The City is particularly interested in the type of recycled material used
(such as paper, plastic, glass, metal, etc.); and the percentage of recycled material
contained in the product. The City also requests information regarding any known or
potential material content in the product that may be extracted and recycled after the
product has served its intended purpose.
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City of Miami
00600 CONTRACT
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami, a political
subdivision of the State of Florida, hereinafter referred to as CITY, and
hereinafter referred
to as CONTRACTOR.
WITN ESSET H, that CONTRACTOR and CITY, for the
considerations hereinafter named, agree as follows:
ARTICLE 1
SCOPE OF WORK
1.1. The Scope of work under this Contract shall be determined by individual Job
Orders issued hereunder. Upon receipt of a Purchase Order, the
CONTRACTOR shall furnishes all services to support individual Job Orders,
shop drawings, samples, management, documentation, materials, supplies,
parts (to included system components), transportation, plant, supervision,
labor and equipment needed to perform the work at designated CITY
properties.
ARTICLE 2
CONTRACT TIME
2.1. CONTRACTOR shall be instructed to commence the Work by written
instructions in the form of a Purchase Order. The initial term of the twenty (24)
months of the contract shall commence on the date of the Contract, The
maximum contract time if all three (1) year options are exercised is no more
than five (5) years or when the maximum value of the contract is reached.
2.1.1. Once the Contract is in place, Purchase Orders will be issued for the
individual Job Orders. The time for completion of individual Job
Orders will be contained in the Purchase Order.
2.2. Time is of the essence throughout this Contract. Job Orders shall be
substantially completed within the specified calendar days listed on each
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individual Purchase Orders, and completed and ready for final payment in
accordance with Article 5 within the time specified on each Purchase Order.
ARTICLE 3
THE CONTRACT SUM AND ADJUSTMENT FACTORS
3.1. CITY shall pay to CONTRACTOR for the performance of the Work described
in the Contract Documents. The contract is an indefinite -quantity contract
with no minimum values. The maximum amount that may be ordered under
the Horizontal A contract is ten million ($10,000,000) for the initial term and
five million ($5,000,000) for the option terms. The overall maximum value for
the Horizontal A contract is twenty five million ($25,000,000).
The maximum amount that may be ordered under the Vertical A contract is
ten ($10,000,000) for the initial term and five million ($5,000,000) for the
option terms. The overall maximum value for the Vertical A contact is twenty
five million ($25,000,000).
The maximum amount that may be ordered under the Vertical B contract is 4
million ($4,000,000) for the initial term and two million ($2,000,000) for the
option terms. The overall maximum value for Vertical B contract is ten million
($10,000,000).
The maximum amount that may be ordered under the Vertical C contract is 2
million ($2,000,000) for the initial term and one million ($1,000,000) for the
option terms. The overall maximum value for Vertical C contract is five million
($5,000,000).
3.2. Payment shall be at the lump sum price stated in the Purchase Order for each
Job Order. This price shall be full compensation for all costs, including
overhead and profit, associated with completion of all the work in full
conformity with the requirements as stated or shown, or both, in the Contract
Documents using the following adjustment factors:
3.2.1. Normal Working Hours Construction: Contractor shall perform any or
all functions called for in the Contract Documents and the individual
project 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
CatalogTM (CTC) multiplied times the adjustment factor of:
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3.2,2. Other Than Normal Working Hours Construction: Contractor shall
perform any or all functions called for in the Contract Documents and
the individual project Detailed Scope of Work, scheduled during 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 CatalogTM (CTC) multiplied times the adjustment
factor of:
3.2.3. 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 CatalogTM (CTC) multiplied times
the adjustment factor of:
3.2.4. 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 CatalogTM (CTC)
multiplied times the adjustment factor of:
ARTICLE 4
PROGRESS PAYMENTS
4.1. For Job Orders of duration of 45 days or less, the City will make only one final
payment. For Job Orders of duration of more than 45 days the contractor
may make Application for Payment for work completed during the Project at
intervals of not more than once a month. Contractor's application shall show
a complete breakdown of the Project components, the quantities completed
and the amount due, together with such supporting evidence as may be
required by CITY. Contractor shall include, but same shall be limited to, at
City's discretion, with each Application for Payment, an updated progress
schedule acceptable to CITY as required by the Contract Documents and a
release of liens and consent of surety relative to the work which is the subject
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of the Application. Each Application for Payment shall be submitted in
triplicate to CITY for approval. CITY shall make payment to contractor within
thirty (30) days after approval by CITY of contractor's Application for Payment
and submission of an acceptable updated progress schedule.
4.2. Ten percent (10%) of all monies earned by contractor shall be retained by
CITY until Final Completion and acceptance by CITY in accordance with
Article 5 hereof, except that after ninety percent (90%) of the Work has been
completed, the. Contract Administrator may reduce the retainage to five
percent (5%) of all monies previously earned and all monies earned
thereafter. Any reduction in retainage shall be in the sole discretion of the
Contract Administrator, shall be recommended by CITY and CONTRACTOR
shall have no entitlement to a reduction. Any interest earned on retainage
shall accrue to the benefit of CITY. All requests for retainage reduction shall
be in writing in a separate stand alone document.
4.3. CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
4.3.1. Defective work not remedied.
4.3.2. Claims filed or reasonable evidence indicating probable filing of
claims by other parties against CONTRACTOR or CITY because of
Contractor's performance.
4.3.3. Failure of CONTRACTOR to make payments properly to
Subcontractors or for material or labor.
4.3.4. Damage to another contractor not remedied.
4.3.5. Liquidated damages and costs incurred by CITY for extended
construction administration.
4.3.6 Failure of CONTRACTOR to provide any and all documents required
by the Contract Documents.
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ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1. Upon receipt of written notice from contractor that the Job Order is ready for
final inspection and acceptance, CITY and or Program Manager shall, within
ten (10) calendar days, make an inspection thereof. If 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 Payment, contractor shall deliver
to the CITY a complete release of all liens arising out of this Contract, receipts
in full in lieu thereof; an affidavit certifying that all suppliers and
subcontractors have been paid in full and that all other indebtedness
connected with the Work has been paid, and a consent of the surety to final
payment; the final corrected as -built drawings; and invoice.
5.3. If, after the Work has been substantially completed, full completion thereof is
materially delayed through no fault of contractor, and the CITY so certifies,
CITY shall, upon certificate of the CITY, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully completed
and accepted. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of claims.
5.4. Final payment shall be made only after the CITY Manager or his designee
has reviewed a written evaluation of the performance of contractor prepared
by the Contract Administrator, and approved the final payment. The
acceptance of final payment shall constitute a waiver of all claims by
contractor, except those previously made in strict accordance with the
provisions of the General Conditions and identified by contractor as unsettled
at the time of the application for final payment.
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ARTICLE 6
MISCELLANEOUS
6.1. This Contract is part of, and incorporated in, the Contract Documents as
defined herein. Accordingly, all of the documents incorporated by the Contract
Documents shall govern this Project.
6.2. Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable
to this Project, the more stringent state or federal provision shall prevail.
6.3. Public Entity Crimes:
6.3.1. In accordance with the Public Crimes Act, Section 287.133, Florida
Statutes, a person or affiliate who is a contractor, consultant or other
provider, who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to the CITY, may not
submit a bid on a contract with the CITY for the construction or repair
of a public building or public work, may not submit bids on leases of
real property to the CITY, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract
with the CITY, and may not transact any business with the CITY in
excess of the threshold amount provided in Section 287.017, Florida
Statutes, for category two purchases for a period of 36 months from
the date of being placed on the convicted vendor list. Violation of this
section by Contractor shall result in cancellation of the CITY
purchase and may result in Contractor debarment.
6.4. Independent Contractor:
6.4.1. Contractor is an independent contractor under this Contract.
Services provided by Contractor pursuant to this Contract shall be
subject to the supervision of Contractor. In providing such services,
neither Contractor nor its agents shall act as officers, employees, or
agents of the CITY. This Contract shall not constitute or make the
parties a partnership or joint venture.
6.5. Third Party Beneficiaries:
6.5,1. Neither Contractor nor CITY intend to directly or substantially benefit
a third party by this Contract. Therefore, the parties agree that there
are no third party beneficiaries to this Contract and that no third party
shall be entitled to assert a claim against either of them based upon
this Contract. The parties expressly acknowledge that it is not their
March 2005 City of Miami Page 67
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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:
Ms. Mary H. Conway, PE
Director of Transportation/Capital Improvements
Office of The City Manager
444 S.W. 2nd Avenue 10111 Floor
City of Miami 33130
For Contractor:
6.7. Assignment and Performance:
6.7.1,. Neither this Contract nor any interest herein shall be assigned,
transferred, or encumbered by either party. In addition, Contractor
shall not subcontract any portion of the work required by this Contract
except as authorized by Section 27 of the General Conditions.
Contractor represents that all persons delivering the services
required by this Contract have the knowledge and skills, either by
training, experience, education, or a combination thereof, to
adequately and competently perform the duties, obligations, and
services set forth in the Scope of Work and to provide and perform
such services to City's satisfaction for the agreed compensation.
6.7.2. Contractor shall perform its duties, obligations, and services under
this Contract in a skillful and respectable manner. The quality of
Contractor's performance and all interim and final product(s) provided
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to or on behalf of City shall be comparable to the best local and
national standards.
6.8 Materiality and Waiver of Breach:
6.8.1. City and Contractor agree that each requirement, duty, and obligation
set forth in these Contract Documents is substantial and important to
the formation of this Contract and, therefore, is a material term
hereof.
6.8.2. City's failure to enforce any provision of this Contract shall not be
deemed a waiver of such provision or modification of this Contract. A
waiver of any breach of a provision of this Contract shall not be
deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Contract.
6.9. Severance:
6.9.1. In the event a portion of this Contract is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless City or Contractor elects to terminate
this Contract. An election to terminate this Contract based upon this
provision shall be made within seven (7) days after the finding by the
court becomes final.
6.10. Applicable Law and Venue:
6.10.1. This Contract shall be enforceable in Miami -Dade County, Florida,
and if legal action is necessary by either party with respect to the
enforcement of any or all of the terms or conditions herein exclusive
venue for the enforcement of same shall lie in Miami -Dade County,
Florida. By entering into this Contract, CONTRACTOR and CITY
hereby expressly waive any rights either party may have to a
trial by jury for to file permissive counterclaims of any civil
litigation related to, or arising out of the Project. CONTRACTOR
shall specifically bind all sub -contractors to the provisions of
this Contract.
6.11 Amendments:
6.11.1. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written
document prepared with the same or similar formality as this Contract
and executed by the Board and Contractor.
6.12 Prior Agreements:
6.12.1. This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements, and understandings
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City of Miami
applicable to the matters contained herein and the parties agree that
there are no commitments, agreements or understandings
concerning the subject matter of this Contract that are not contained
in this document. Accordingly, the parties agree that no deviation
from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written. It is further
agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless set forth in
writing in accordance with Section 6.11 above.
IN WITNESS WHEREOF, the parties have set their hands and seals the day
and year first above written.
ATTEST: THE CITY OF MIAMI
City Clerk City Manager
Insurance -Approved:
Risk -Manager
Approved as To Legal Form:
City Attorney
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW.
USE CORPORATION OR NON -CORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
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ATTEST;
CONTRACTOR
Name of Corporation)
(Secretary) By
(Signature and Title)
Corporate Seal)
(Type Name/Title Signed Above)
day of , 20
[If not incorporated sign below.]
CONTRACTOR
WITNESSES:
(Name)
By
(Signature)
(Type Name Signed Above)
day of , 20
CITY REQUIRES FIVE (5) FULLY -EXECUTED CONTRACTS, FOR DISTRIBUTION.
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00708 FORM CERTIFICATE OF INSURANCE
REQUIREMENTS FOR A CERTIFICATE OF INSURANCE
1. Commercial General Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Each Occurrence
General Aggregate Limit
Products/Completed Operations
Aggregate Limit per project
Personal and Advertising Injury
$1,000,000
$2,000,000
$2,000,000
$1,000,000
Endorsements Required
City of Miami included as an Additional Insured
Products/Completed Operations -Coverage should be kept in force
for a period of not less than 3 years from the date of which the
work was performed
Employees included as insured
Personal Injury
Broad Form Contractual Liability
Waiver of Subrogation
Premises and/or Operations
Explosion, Collapse and Underground Hazard
Loading and Unloading
Mobile Equipment (Contractors Equipment) whether owned,
leased borrowed, or rented by the contractor or employees of the
contractor
2. Business Automobile Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto, Including Hired, Borrowed or Non -Owned Autos
Any One Accident $1,000,000
Any Auto, Including Hired, Borrowed or Non -Owned Autos
Endorsements Required
City of Miami included as an Additional Insured
Employees included as insured
Waiver of Subrogation
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3. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
4. Employer's Liability
Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
5, Umbrella Policy
Limits of Liability
Combined Single Limit $2,000,000
Each Occurrence $2,000,000
Aggregate Limit $2,000,000
6. Owners Contactor Protective
Limits of Liability
Each Occurrence $1,000,000
Aggregate $1,000,000
7. Builders' Risk — the need for Builder's Risk will be determined on a
project by project basis and paid bye the City as an reimbursement, and is
to be furnished when directed by the City. Builders Risk is not required for
the Horizontal Contracts.
A. Limits of Liability- to be determined by according the terms of the
Construction contract.
B. Endorsements Required
• "All Risk Form
f Non -Reporting Form -Completed Value
• Specific Coverage (Project Location and Description)
• Loss or Damage to building material, and property of every kind
and description, including insured's property to be used in, or
incidental to construction
• Business Interruption
• Boiler and Machinery
• Transit
■ Foundation Coverage
• Scaffolding and Forms Coverage
• Plans, Blueprints, and Specifications coverage
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• Collapse
• Flood, including inundation, rain, seepage, and water damage
• Earthquake
• Subsidence
• Windstorm including hurricane
• Freezing and Temperature Extremes or changes coverage
• Ordinance or buildings laws
• Theft or Burglary
• Coverage for loss arising out of Faulty Work or Faulty Materials
• Coverage for loss arising out of Design Error or Omission
• Testing
• Debris Removal
• Soft (Additional Financing) Costs Coverage
• Replacement Cost Valuation
• Coinsurance Requirements Waived
• Waiver of Subrogation
• Maintenance of Insurance Coverage through warranty period
8. Installation Floater
For the installation of machinery and/or equipment into an existing
structure. The coverage shall be not less than $200,000 per any one
location
All Risk coverage including installation and transit for 100% of the
installed replacement value
Deductible -not more than $5,000 each claim
Payment & Performance Bond
Shall be in the form provided or approved by the City, and in compliance
with public construction bond requirements of Section 255.05, Fla. Stat.
(2004). Shall be in an amount equal to at least 100% of the value of
construction, and shall guarantee performance of this agreement and
payment of all subcontractors, laborers, material persons, suppliers and
the like. Both Performance and Payment Bonds will be required. The City
of Miami will be a named obligee on the bond.
9. Companies Providing Coverage & Bonding
All insurance policies and bonds required above shall be issued by
companies authorized to do business under the laws of the State of
Florida, with the following qualifications:
The Company must be rated no less than "A" as to
management, and no less than "Class X" as to financial
Page 74
City of Miami March 2005
City of Miami
Project Manual
strength, by the latest edition of Best's Key Rating Insurance
Guide; insurance company must hold a valid Florida Certificate
of Authority issued by the State of Florida, Department of
insurance, and is a member of the Florida Guarantee Fund.
10. Notice
The City shall be given at least 30 days prior written notice of any
cancellation, lapse, or material modification of said insurance coverage
and/or bond.
11. Additional Insurance
Occasionally the City may modify the insurance requirements on a
project by project basis. In instances where the CITY modifies the
insurance requirements for a specific project, the CONTRCATOR shall
submit insurance certificates reflecting the required insurance within
the time in the Contract Documents for the submission of insurance
certificates.
VENDOR AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that
evidence of this insurance may be required within five (5) days after Bid opening.
Contractor Signature of Contractor
March 2005 City of Miami Page 75
Project Manual
City of Miami
00710 FORM OF PERFORMANCE BOND
BY THIS BOND, We
as Principal, hereinafter called CONTRACTOR, and
as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called
CITY, in the amount of $ • Million Dollars for the payment
whereof CONTRACTOR and Surety bind themselves, their .heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: , awarded the day of , 20
with CITY which Contract Documents are by reference incorporated herein and
made a part hereof, and specifically include provision for liquidated damages, and
other damages identified, and for the purposes of this Bond are hereafter referred to
as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and CITY for construction of
Job Order Contract the Contract being
made a part of this Bond by reference, at the times and in the manner
prescribed in the Contract; and
2. Pays CITY all losses, liquidated damages, expenses, costs and attorneys
fees including appellate proceedings, that CITY sustains as a result of default
by CONTRACTOR under the Contract; and
3. Performs the guarantee of all work and materials furnished under the
Contract for the time specified in the Contract; then THIS BOND IS VOID,
OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT.
Whenever CONTRACTOR shall be, and declared by CITY to be, in default
under the Contract, CITY having performed CITY obligations thereunder, the
Surety may promptly remedy the default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of
the Contract Documents; or
Page 76 City of Miami March 2005
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Project Manual
3.2. Obtain a bid or bids for completing the Project in accordance with the
terms and conditions of the Contract Documents, and upon
determination by Surety of the lowest responsible Bidder, or, if CITY
elects, upon determination by CITY and Surety jointly of the lowest
responsible Bidder, arrange for a contract between such Bidder and
CITY, and make available as work progresses. (even though there
should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient
funds to pay the cost of completion less the balance of the Contract
Price; but not exceeding, including other costs and damages for
which the Surety may be liable hereunder, the amount set forth in the
first paragraph hereof. The term "balance of the Contract Price," as
used in this paragraph, shall mean the total amount payable by CITY
to CONTRACTOR under the Contract and any amendments thereto,
less the amount properly paid by CITY to CONTRACTOR.
4. No right of action shall accrue on this bond to or for the use of any person or
corporation other than CITY named herein.
5. The Surety hereby waives notice of and agrees that any changes in or under
the Contract Documents and compliance or noncompliance with any
•formalities connected with the Contract or the changes does not affect
Surety's obligation under this Bond.
Signed and sealed this
day of , 20
March 2005 City of Miami Page 77
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Project Manual
WITNESSES:
Name of Corporation)
By
(Secretary) (Signature and Title)
(CORPORATE SEAL)
(Type Name/Title Signed Above)
day of , 20
IN THE PRESENCE OF: INSURANCE COMPANY
By
Agent and Attorney -in -Fact
(Address: Street)
(City/State/Zip)
Telephone No.:
Page 78 City of Miami March 2005
City of Miami
Project Manual
00720 FORM OF PAYMENT BOND
BY THIS BOND, We , as
Principal, hereinafter called CONTRACTOR, and as
Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called CITY,
in the amount Dollars $ Million Dollars for the payment
whereof CONTRACTOR and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No. , awarded the day of , 20 ,
with CITY which Contract Documents are by reference incorporated herein and
made a part hereof, and specifically include provision for liquidated damages, and
other damages identified, and for the purposes of this Bond are hereafter referred to
as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Pays CITY all losses, liquidated damages, expenses, costs and attorneys
fees including appellate proceedings, that CITY sustains because of default
by CONTRACTOR under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute
255.05(1) for all labor, materials and supplies used directly or indirectly by
CONTRACTOR in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with
CONTRACTOR and who has not received payment for its labor,
materials, or supplies shall, within forty-five (45) days after beginning
to fumish labor, materials, or supplies for the prosecution of the work,
fumish to CONTRACTOR a notice that he intends to look to the bond
for protection.
2.2. A claimant who is not in privity with CONTRACTOR and who has not
received payment for its labor, materials, or supplies shall, within
ninety (90) days after performance of the labor or after complete
March 2005 City of Miami Page 79
Project Manual
City of Miami
delivery of the materials or supplies, deliver to CONTRACTOR and to
the Surety, written notice of the performance of the labor or delivery
of the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted
against CONTRACTOR or the Surety unless the notices stated under
the preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the
Notice and Time Limitations provisions prescribed in Section
255.05(2), Florida Statutes, or Section 95, 11, Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any . formalities
connected with the Contract or the changes does not affect the Surety's obligation
under this Bond.
Signed and sealed this day of , 20
WITNESSES:
(Secretary)
(CORPORATE SEAL)
Name of Corporation)
By
(Signature and Title)
(Type Name/Title Signed Above)
IN THE PRESENCE OF: INSURANCE COMPANY
By
Agent and Attorney -in -Fact
(Address: Street)
(City/State/Zip)
Telephone No.:
Page 80 City of Miami March 2005
City of Miami
Project Manual
00721 CERTIFICATE AS TO CORPORATE PRINCIPAL
hat I am the
I,
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond); that
who signed the Bond(s) on behalf of the Principal, was then
of
said corporation; that I know his/her signature; and his/her signature thereto is
genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on
behalf of said corporation by authority of its governing body.
(Seal) as Secretary of
(Name of Corporation)
STATE OF FLORIDA } SS
COUNTY OF MIAMI-DADE )
(SEAL)
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared to me well known, who
being by me first duly sworn upon oath says that he/she has been authorized to
execute the foregoing Performance and Payment Bond (Performance Bond and
Payment Bond) on behalf of CONTRACTOR named therein in favor of CITY.
Subscribed and Sworn to before me this day of , 20
My commission expires:
Notary Public, State of
Florida at Large
Bonded
by
March 2005 City of Miami Page B1
City of Miami
Project Manual
00735 PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Ap I� leant;
Beneficia :
City of Miami
444 S.W. 2nd Avenue
City of Miami, Florida 33130
We hereby authorize you to draw on
at
(branch address)
for the account of
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
(Bank, Issuer name)
by order of and
(contractor, applicant, customer)
and between the City of Miami, Florida and
agreed upon by up to an aggregate
(contractor),
amount, in United States Funds, of
available by your drafts
at sight, accompanied by:
A signed statement from the City Manager or his authorized designee,
that
the drawing is due to default in performance of certain obligations on the pant
(contractor, applicant, customer) pursue
to the (applicant, customer) Bid/Contract No.
for (name of
project) and Section 255.05, Florida Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
Page 82 City of Miami
March 2005
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Project Manual
Drafts must bear the clause: "Drawn under Letter of Credit No
(number)
of dated _2005.
(Bank name)
This Letter of Credit shall be renewed for successive periods of one (1) year each
unless we provide the City of Miami with written notice of our intent to terminate the
credit herein extended, which notice must be provided at least thirty (30) days prior
to the expiration date of the original term hereof or any renewed one (1) year term.
Notification to the City that this Letter of Credit will expire prior to performance of the
contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such
undertaking shall not in any way be modified, or amplified by reference to any
documents, instrument, or agreement referred to herein or to which this Letter of
Credit is referred or this Letter of Credit relates, and any such reference shall not be
deemed to incorporate herein by reference any document, instrument, or agreement.
We hereby agree with the drawers, endorsers, fideand bona holders
slush d aftsldrafts
will be
drawn under and in compliance with the terms of this credit
duly honored upon presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final
Completion of the Project by the customer)
applicant,
This Credit is subject to the "Uniform Customs and Practice for Documentary
Credits," International Chamber of Commerce (1993 revision), Publication No. 500
and to the provisions of Florida law. If a conflict between the Uniform Customs and
Practice for Documentary Credits and Florida law should arise, Florida law shall
prevail. If a conflict between the law of another state or country and Florida law
should arise, Florida law shall prevail.
Authorized Signature
March 2005 City of Miami Page 83
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Project Manual
00736 MINORITYIWOMEN BUSINESS AFFAIRS REGISTRATION
FORM
Note*sA copy of on# Affidavit c orr will also ds to be submit this form with individual ted for each JobBE lrm Orders participating
applicable.
in
this contact. The Co
Please Check One Box Only: [ ] Hispanic [ ] Female [ ] Black [ ] Not Applicable
If business is not 51 % minority/female owned, affidavit does not apply. If not applicable, notarization is not
required.
l (We), the undersigned agree to the following conditions:
1) that we meet the fifty-one percent (51%) ownership and management requirement for minority/women
registration status and will abide by all of the policies and regulations governing the City of Miami
Minority and Women Business Enterprise Procedures;
2) that if at any time Information submitted by the undersigned applicant in his/her Bidder Application
should prove to be false, inaccurate, or misleading, applicant's name will be struck from the City of
Miami's Master Bidder list with no further consideration given to this applicant;
3) that the City of Miami maintains the right, through award of bid/contract, to revoke the award, should It
be found that false, inaccurate or misleading information or a change in the original information have
occurred;
4) to notify the City of Miami within thirty (30) days of any change In the firm's ownership, control,
management or status as an ongoing minority/women business concern as indicated on the Bidder
Application, and that the City of Miami, upon a finding to the contrary, may render a firm's registration
with the City null and void and cease to Include that firm in its registered list of minority and women -
owned businesses; applicant in his/her
5) that the City of Miami has a right to diligently verify all information submitted by
Bidder Application to monitor the status of the Minority/Women Business Enterprise, once registered;
6) that the City of Miami may share a firm's registration information concerning Its minority/women status
and its capability with other municipal or state agencies for the sole purpose of accessing the firm to
their procurement opportunities, unless otherwise specified by the firm in writing.
submitted tted to tunder the he City of Miami penalties of perjury
correct as per Ordinance at the Not4on 10062tas amendeed in d, and all application documents
Firm Name:
(If signing as a corporate officer, kindly affix corporate seal)
(Name, Title & Date)
(Name, Title & Date)
This application must be signed by at least one general partner of a partnership or the proprietor of a
sole proprietorship or all partners of a joint venture.
NOTARIZATION
STATE OF
COUNTY OF
) SS:
)
Page 84
Date:
City of Miami March 2005
City of Miami
Project Manual
That:
me and acknowledged the foregoing instrument as his/her act and deed.
That he/she has produced
personally appeared before
as identification.
NOTARY PUBLIC:
My Commission Expires:
March 2005 City of Miami
Page 85
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Protect Manual
00737 AFFIRMATIVE ACTION POLICY FORM
It is the policy of to base its hiring and promotions on merit,
(Company Name)
qualifications and competency and that its personnel practices will not be influenced by
an applicant's or employee's race, color, place of birth, religion, national origin, sex, age,
marital status, veteran and handicapped status.
One of the management duties of all principals at is to
(Company Name)
ensure that the following personnel practices are being satisfied:
1. Take every necessary affirmative action to attract and retain qualified employees,
regardless of race, color, place of birth, religion, national origin, sex, age, marital
status, veteran and handicapped status.
2. Maintain equitable principles in the recruitment, hiring, training, compensation and
promotion of employees.
3. Monitor and review personnel practices to guarantee that equal opportunities are being
provided to all employees, regardless of race, color, place of birth, religion, national
origin, sex, age, marital status, veteran and handicapped status.
is committed to take affirmative action and aggressively
(Company Name)
pursue activities that will serve to enable all employees and applicants' opportunities
available throughout this organization.
Clearly, the above actions cannot be accomplished as a secondary duty for any
individual, despite the full support of management. And so, to monitor our efforts,
has assigned one of its principals as the Affirmative
(Company Name)
Action Director to monitor all activities of this program.
)_ regarding this
Employees may contact at ( (Telephone (Company Representative) ( phone No.)
Affirmative Action Policy.
DATE: Signature Title
Page 86 City of Miami March 2005
City of Miami
Project Manual
00738 BIDDER'S LICENSING
List Appropriate License(s):
1. STATE OF FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD:
CERTIFIED REGISTERED CONTRACTOR'S LICENSE
No.:
QH
QUALIFIED BUSINESS ORGANIZATION LICENSE* No.:
EXPIRATION DATE:
EXPIRATION DATE:
23
2. MIAMI-DADE COUNTY:
CONTRACTORS CERTIFICATE OF COMPETENCY BUSINESS No.:
1B
STATE CONTRACTORS CERTIFICATE OF REGISTRATION** No.:
VALID UNTIL:
VALID UNTIL:
NOTE: * For a Corporation or other Business Organization, required by the State of Florida
**Florida Licensed Contractors have the option of listing their State Licenses or listing their Certificates of
Registration with Miaml-Dade County.
BIDDER'S MUNICIPAL OCCUPATIONAL LICENSE No.:
EXPIRATION DATE:
BIDDERS INSURANCE EXPIRATION DATE:
Attached hereto Is a certified check In the amount of
drawn on (name of Bank)
gl a
Bid Bond Furnished by
represented by
(Bonding Company)
(Insurance Agent)
for the sum of
($ ) made payable to: City of Miami
Dollars
ANN
COPIES OF LICENSES AND CERTIFICATES MUST BE SUBMITTED WITH YOUR BID
SUBMITTED BY:
March 2005
City of Miami
Page 8 it
Oty of Miami
Project Manual
Signature
Company Name:_
Company
Street
Print
City
(CORPORATE SEAL)
Fax:
State
Telephone:
SSN or FEID: Dunn & Bradstreet No.
Page 88
City of Miami
Name:
Address:
Zip
(if applicable)
March 2005
Gty of Miami
Project Manual
00800 GENERAL CONDITIONS
1. Project Manual:
1.1. Order of Precedence of the Component Parts of the Contract
Documents:
1.2. In the event of a conflict between different parts of the Contract
Documents, the order of precedence of the component parts of the
Contract Documents shall be as follows:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
1.3. The Project Manual includes any general and JOC Supplemental
Contract conditions or specifications attached hereto.
1.4. The Project Manual, along with all documents that make up and
constitute the Contract Documents, shall be followed in strict
accordance as to work, performance, material, and dimensions
except when City and or Program Manager may authorize, in writing,
an exception.
1.5. Dimensions given in figures are to hold preference over scaled
measurements from the drawings; .however, all discrepancies shall
be resolved by the City and or Program Manager. Contractor shall
not proceed when in doubt as to any dimension or measurement, but
shall seek clarification from the City and or Program Manager.
1.6. Contractor shall be furnished, free of charge, one paper (1) copy of
the Project Manual, and (1) copy of the CTC. All documents including
the Technical Specifications will be provided on CD-ROM, which
shall be preserved and always kept accessible to City and or
March 2005 City of Miami Page 89
Project Manual, Volume I
Addenda, if any
Plans and Drawings, if any
Construction Task CatalogTM, Volume II
Specification of the City, State or Federal Government, if
any
The Job Order/Purchase Order
Technical Specification, Volume Ill
Proposal and Acceptance Forms
Invitation to Bid
Bonds
Insurance
City of Miami
Project Manual
Program Manager authorized representatives.
from City 'at the onal copies
oast of
the Project Manual may be
reproduction.
2. Intention of City:
2.1. It is the intent of City to describe in the Contract Documents a
functionally complete Project Do part (or
accordance dance with all
to be constructed in
accordance with the Contract cuments and
codes and regulations governing construction of the Project. Any
work, materials or equipment that may reasonably be inferred from
the Contract Documents as being grequired
whether or notspecifically
rproduce the
result shall be supplied by Contractor
called for. When words whichhavework,
haQ kate
amwell-known
als orequipment, t,uch technical
s
meaning are used to describe
words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals, or codes of any
technical society, organization or association, or to the laws or
regulations of any governmental authority, whether such reference be
specific or by implication, shall mean the latest standard
specification, manual, code or comply therewith. laws or regulations in effect at the time
City shall
of opening of bids and Contractor shall
have no duties other than those duties and obligations expressly set
forth within the Contract Documents.
3. Preliminary Matters:
3.1: At a time specified by the City and �Qbr Program Manager but confereore
nce
Contractor starts the work
attended by Contractor, City and or Program Manager and others as
deemed appropriate by Contract Administrator, will be held to discuss
the schedule, Shop Drawings other submittals, safety, site access
and other issues as required to establish a clear understanding of the
construction operations.
4. Performance Bond and Payment Bond:
Within fifteen (15) calendar days of being notified of ond award,the acontainingactor
the
shall furnish a Performance Bond and a Payment
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 the 50 % of the initial maximum
term value guaranteeing to CITY the completion and performance of
the work covered in such Contract as well as full payment of all
suppliers, laborers, or subcontractors employed pursuant to this
Project. Once that value is reached new Bonds will be required. If the
Page 90
City of Miami March 2005
City of Miami
Project Manua!
City exercises options new Bonds will be equal to the maximum term
value. Each Bond shall be with a surety company which is qualified
pursuant to Article 5.
Contract Number
Initial Performance
Bond/Term
Initial Payment
Bond/Term
Horizontal A
$5,000,000
$5,000,000
Vertical A
$5,000,000
$5,000,000
Vertical B
$2,000,000
$2,000,000 _
Vertical C
$1,000,000
$1,000,000
4.2. Each Bond shall continue in effect for one year after Final Completion
and acceptance of the work with liability equal to one hundred
percent (100%) of the Contract sum, or an additional bond shall be
conditioned that Contractor will, upon notification by City, correct any
defective or faulty work or materials which appear within one year
after Final Completion of the Contract. If the option terms are
exercised the Contractor shall furnish additional performance and
payment bonds. 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.
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 irrevocable 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's Risk Manager
and for same purpose and shall be subject to the same conditions as
those applicable above and shall be held by CITY for one year after
completion and acceptance of the Work.
5. Qualification of Surety:
March 2005
City of Miami
Page 91
Project Manual
City of Miami
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
Circular 570, Current Revisions. If the amount of the Bond
exceeds the underwriting limitation set forth in the circular,
in order to qualify, the net retention of the surety company
shall not exceed the underwriting limitation in the circular,
and the excess risks must be protected by coinsurance,
reinsurance, or other methods in accordance with Treasury
Circular 297, revised September 1, 1978 (31 DFR Section
223.10, Section 223.111). Further, the surety. company
shall provide CITY with evidence satisfactory to CITY, that
such excess risk has beenprotected in an acceptable
manner.
5.1.3. The CITY will accept a surety bond from a company with a
rating not less than A, Class V as to strength, by the latest
edition of Best's Insurance Guide, published by A.M. Best.
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.
6. indemnification:
6.1. Contractor(s) shall indemnify, defend and hold harmless the City
and its officials, employees and agents (collectively referred to as
"Indemnities") and each of them from and against all Toss, cost,
penalties, fines, damages, claims, expenses (including attorney's fees)
or liabilities (collectively referred to as "Liabilities") by reason of any
injury to or death of any person or damage to or destruction or loss of
Page 92 City of Miami March 2005
City of Miami
Project Manual
any property arising out of, resulting from, or in connection with (i) the
performance or non-performance of the services contemplated by the
Contract which is or is alleged to be directly or indirectly caused, in
whole or in part, by any act, omission, default or negligence (whether
active or passive) of Contractor(s) or its employees, agents, or
subcontractors (collectively referred to as "Contractor"), regardless of
whether it is, or is alleged to be, caused in whole or part (whether joint,
concurrent, or contributing) by any act, omission, default or negligence
(whether active or passive) of the Indemnities, or any of them or (ii) the
failure of the Contractor(s) to comply with any of the provisions in the
Contract or the failure of the Contractor(s) to conform to statutes,
ordinances or other regulations or requirements of any governmental
authority, federal or state, in connection with the performance of the
Contract. Contractor(s) expressly agrees to indemnify and hold
harmless the Indemnities, or any of them, from and against all liabilities
which may be asserted by an employee or former employee of
Contractor, or any of its subcontractors, as provided above, for which
the Contractor(s)'s liability to such employee or former employee would
otherwise be limited to payments under state Workers' Compensation
or similar laws.
Contractor(s) further agrees to indemnify, defend and hold harmless
the Indemnities from and against (i) any and all Liabilities imposed on
account of the violation of any law, ordinance, order, rule, regulation,
condition, or requirement, in any way related, directly or indirectly, to
Contractor(s)'s performance under the Contract, compliance with
which is left by the Contract to the Contractor, and (ii) any and all
claims, and/or suits for labor and materials furnished by the
Contractor(s) or utilized in the performance of the Contract or
otherwise.
Where not specifically prohibited by law, Contractor(s) further
specifically agrees to indemnify, defend and hold harmless the
Indemnities from all claims and suits for any liability, including, but not
limited to, injury, death, or damage to any person or property
whatsoever, caused by, arising from, incident to, connected with or
growing out of the performance or non-performance of the Contract
which is, or is alleged to be, caused in part (whether joint, concurrent
or contributing) or in whole by any act, omission, default, or negligence
(whether active or passive) of the Indemnities. The foregoing
indemnity shall also include liability imposed by any doctrine of strict
liability. This Indemnification shall be interpreted to comply with
§725.06, Fla. Stat. and shall survive the termination of this Contract.
March 2005
City of Miami Page 93
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Project Manual
7. insurance Requirements:
7.1. Without limiting any of the other obligations or liabilities of
CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain
in force until all of its work to be performed under this Contract has
been completed and accepted by CITY (or for such duration as is
otherwise specified hereinafter), the Insuranceshalirance be in formr similar toes set aorth
nd
herein. The Certificate of
contain the information set forth in Form 00708.
7.2, If the initial insurance expires prior to the be furnished at 4east thirty (30) days
pletion of the work,
renewal copies of policies shall
prior to the date of their expiration.
7.3. Notice of Cancellation and/or
ItRestriction--Theh e(� )cdalys) notice of
st be
endorsed to provide CITY
cancellation and/or restriction.
7.4. CONTRACTOR shall fumish to the CITY's Risk Manager Certificates
of Insurance or endorsements evidencing the insurance coverage
specified above within fifteen required
ef ) calendar daysi ed Certificates ofter
lnsurancenotification
shall
award of the Contract. The qu
name the types of policies provided, refer specifically to this Contract,
and state that such insurance is as required by this Contract. The
Certificate of Insurance shall be in form similar to and contain the
information set forth in Form 00708.
7.5. The official title of the Owner is the CITY of Miami, Florida. This
official title shall be used in all insurance documentation.
7.6. Additional or Replacement Bond: It is further mutually agreed
between the parties hereto that if, at any time, the CITY shall deem
the surety or sureties upon any bond to be unsatisfactory, or if, for
any reason, such bond (because of increases in the work or
otherwise) ceases to be adequate, the Contractor shall, at its
expense within five (5) days after the receipt of notice from the CITY
to do so, furnish an additional or replacement sureties bonds
shall such
be
form, amount, and with Y
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.
8. Labor and Materials:
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8.1. Unless otherwise provided herein, CONTRACTOR shall provide and
pay for all materials, labor, water, tools, equipment, light, power,
transportation and other facilities and services necessary for the
proper execution and completion of the Work, whether temporary or
permanent and whether or not incorporated or to be incorporated in
the Work.
8.2. CONTRACTOR shall at all times enforce strict discipline and good
order among its employees and subcontractors at the Project site
and shall not employ on the Project any unfit person or anyone not
skilled in the work to which they are assigned.
9. Royalties and Patents:
9.1. All fees, royalties, and claims for any invention, or pretended
inventions, or patent of any article, material, arrangement, appliance,
or method that may be used upon or in any manner be connected
with the construction of the Work or appurtenances, are hereby
included in the prices stipulated in this Contract for said work.
10. Weather:
10.1. Extensions to the Contract Time for delays caused by the effects of
inclement weather shall be submitted as a request for a change in
the Contract Time pursuant to Article 39. These time extensions are
justified only when rains or other inclement weather conditions or
related adverse soil conditions prevent CONTRACTOR from
productively performing controlling items of work identified on the
accepted schedule or updates resulting in:
10.1.1. CONTRACTOR being unable to work at least fifty percent
(50%) of the normal work day on controlling items of work
identified on the accepted schedule or updates due to
adverse weather conditions; or
10.1.2. CONTRACTOR must make major repairs to the Work
damaged by weather. Providing the damage was not
attributable to a failure to perform or neglect by
CONTRACTOR, and providing that CONTRACTOR was
unable to work at least fifty percent (50%) of the normal
workday on controlling items of work identified on the
accepted schedule or updates.
11. Permits, Licenses and Impact Fees:
11.1. Except as otherwise provided within the JOG Supplemental
Conditions, all permits and licenses required by federal, state or local
laws, rules and regulations necessary for the prosecution of the Work
March 2005 City of Miami Page 96
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undertaken by CONTRACTOR pursuant to this Contract shall be
secured and paid for by CONTRACTOR. The General Contractor's
Permits and Subcontractor Permits soonsome projects the permitfees
will
ITY
for the cost of the Permit only.
including trade permits may be waived by the CITY and will be
decided on a project by project basis. The cost for obtaining the
Permits is to be included in the Contractor's Adjustment Factor. It is
Contractor's responsibility to
sthe Work to behavand in performedriate
and
Certificate(s) of Competency, valid fore
valid for the jurisdiction in whichf the hom a Certificate of Competency
persons working on the Project
is required.
11.2. Impact fees levied by the CITY and/or Miami -Dade County shall be
paid by CONTRACTOR. CONTRACTOR shall be reimbursed only
for the actual amount of the impact fee levied by the municipality as
evidenced by an invoice or other acceptable documentation issued
by the municipality and submitted to CITY as a reimbursable task
from the CTC in the form vent shall priceof a proposal.
profit or overhead ove h ad of
bursement to
CONTRACTOR in no
CONTRACTOR.
12. Resolution of Disputes:
12.1. To prevent all disputes and litigation, it is agreed by the parties
hereto that the CITY shall decide all questions, claims, difficulties and
disputes of whatever nature which may arise relaand feto the lfillmenteof nth icll
interpretation of the Contract Documents
Contract as to the character, quality, amount and value of any work
done and materials furnished, rCttd to be done or Documents and furnished
CITY's
under or, by reason of, theonrac
estimates and decisions upon all claims, questions, difficulties and
disputes shall be final and binding to the extent provided in Section
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 Consultant and CONTRACTOR in writing of
his decision within fifteen (15) calendar days from the date of the
submission of the claim, question, difficulty or dispute, unless
Consultant 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 ad afters a provided
determinat oherein.
n thereof,
During
the pendency of any dispute
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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
determination must notify the other party in writing within ten (10)
days of receipt of the written determination. The notice must state
the basis of the objection and must be accompanied by a statement
that any Contract Price adjustment claimed is the entire adjustment
to which the objecting party has reason to believe it is entitled to as a
result of the determination. Within sixty (60) days after Final
Completion of the Work, the parties shall participate in mediation to
address all objections to any determinations hereunder and to
attempt to prevent litigation. The mediator shall be mutually agreed
upon by the parties. Should any objection not be resolved in
mediation, the parties retain all their legal rights and remedies
provided under State law. A party objecting to a determination
specifically waives all of its rights provided hereunder, including its
rights and remedies under State law, if said party fails to comply in
strict accordance with the requirements of this Article.
13. Inspection of Work:
13.1. CITY and or Program Manager shall at all times have access to the
Work, and CONTRACTOR shall provide proper facilities for such
access and for inspecting, measuring and testing.
13.1.1. Should the Contract Documents, CITY and or Program
Manager instructions, any laws, ordinances, or any public
authority require any of the Work to be specially tested or
approved, CONTRACTOR shall give CITY and or Program
Manager timely notice of readiness of the Work for testing.
If the testing or approval is to be made by an authority
other than CITY, timely notice shall be given of the date
fixed for such testing. Testing shall be made promptly,
and, where practicable, at the source of supply. 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 Administrator, and if so ordered, the Work
March 2005 City of Miami Page 97
City of Miami
must be uncovered dan O � t�Ahe � ontrlf such Work is
act Documents,
found to be in accor
CITY shall pay the cost of reexamination and replacement
by means of a Change Order.
t Documents, CONTRACTOR
accordance with the Cont
shall pay such cost.
13.2. Inspectors/ Construction Observer shall have no authority to permit
deviations from, or to relax any of the provisions of, the Contract
Documents or to delay the Contract by failure to inspect the materials
and work with reasonable promptness without the written permission
or instruction of the CITY and or Program Manager.
13.3. The payment of any compensation, whatever may be its character or
form, or the giving of any gratuity or the granting of any favor by
CONTRACTOR to any inspector, directly or indirectly, is strictly
prohibited, and any such act on the part of CONTRACTOR will
constitute a breach of this Contract.
14. Superintendence and Supervision:
14.1. The orders of CITY may be given through Program Manager, which
instructions are to be strictly and promptly followed in every case.
CONTRACTOR shall keep on the Project during its progress, a full-
time competent English speaking superintendent and any necessary
assistants, all satisfactory to the CITY and or Program Manager for
each Job Order issued. The thsall not ed
except with the written consent superintendent
CITY andorProgramManager,
unless the superintendent proves to be unsatisfactory to
CONTRACTOR and ceases to be in its employ. The superintendent
shall represent CONTRACTOR and all directions given to the
superintendent shall be as binding as if given to CONTRACTOR and
will be confirmed in writing by the CITY and or Program Manager
upon the written request of CONTRACTOR. CONTRACTOR shall
give efficient supervision to the shall Work,
using keep ons the best
Work skill ahe
attention. The CONTRACTOR
Superintendent at all times during 24 hours arking hours. day, seven daysha
Superintendent shall be . reachable
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
ec eady; date;gress ofweather
he
Work;conditions of comma cement of work any weather tion for the day; the work being
Work; time o
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Project Manual
performed; materials, labor, personnel, equipment and
subcontractors at the Project site; visitors to the Project site, including
representatives of, CITY and or Program Manager, regulatory
representatives; any special or unusual conditions or occurrences
encountered; and the time of termination of work for the day. All
information shall be recorded in the daily log in ink. The daily log
shall be kept on the Project site and shall be available at all times for
inspection and copying by CITY and Program Manager.
14.3. The Contract Administrator, CONTRACTOR and Program Manager
shall meet at least weekly or as determined by the Contract
Administrator, during the course of the Work to review and agree
upon the work performed to date and to establish the controlling
items of work for the next two weeks. The CITY and or Program
Manager shall publish, keep, and distribute minutes and any
comments thereto of each such meeting.
14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any
discrepancy between the Contract Documents and the physical
conditions of the locality, or any errors, omissions, or discrepancies in
the Project Manual, it shall be CONTRACTOR's duty to immediately
inform the CITY and or Program Manager, in writing, and the CITY
and or Program Manager will promptly review the same. Any work
done after such discovery, until authorized, will be done at
CONTRACTOR's sole risk.
14.5. CONTRACTOR shall supervise and direct the Work competently and
efficiently, devoting such attention thereto and applying such skills
and expertise as may be necessary to perform the Work in
accordance with the Contract Documents. CONTRACTOR shall be
solely responsible for the means, methods, techniques, sequences
and procedures of construction. •
15. CITY's Right to Terminate Contract:
15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar
days after the Project initiation Date, or fails to perform the Work with
sufficient workers and equipment or with sufficient materials to insure
the prompt completion of the Work, or shall perform the Work
unsuitably, or cause it to be rejected as defective and unsuitable, or
shall discontinue the prosecution of the Work pursuant to the
accepted schedule or if CONTRACTOR shall 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
March 2005 City of Miami Page 94
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Project Manual
whatsoever shall not carry on the Work in an acceptable manner,
Contract Administrator may give notice in writing to CONTRACTOR
and its Surety of such delay, neglect or default, specifying the same.
If CONTRACTOR, within a period of five (5) calendar days after such
notice, shall not proceed in accordance therewith, then CITY may
upon written certificate from Program Manager of the fact of such
delay, neglect or default and CONTRACTOR'S failure to comply with
such notice, terminate the services of CONTRACTOR, exclude
CONTRACTOR from the Project site and take the prosecution of the
Work out of the hands of CONTRACTOR, and appropriate or use any
or all materials and equipment on the Project site as may be suitable
and acceptable. In such case, CONTRACTOR shall not be entitled
to receive any further payment until the Project is completed. In
addition CITY may enter into an agreement for the completion of the
Project according to the terms and provisions of the Contract
Documents, or use such other methods as in CITY's sole opinion
shall be required for the completion of the Project according to the
terms and provisions of the Contract Documents, or use such other
methods as in CITY's sole opinion shall be required for the
completion of the Project in an acceptable manner. Ail damages,
costs and charges incurred by CITY, together with the costs of
completing the Project, shall be deducted from any monies due or
which may become due to CONTRACTOR. In case the damages
and expenses so incurred by CITY shall exceed the unpaid balance,
then CONTRACTOR shall be liable and shall pay to CITY the amount
of said excess.
15.2. If after notice of termination of CONTRACTOR'S right to proceed, 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 or hand delivered) of intent to
terminate and the date on which such termination becomes effective.
In such case, CONTRACTOR shall be paid for all work executed and
expenses incurred prior to termination in addition to termination
settlement costs reasonably incurred by CONTRACTOR relating to
commitments which had become firm prior to the termination.
Payment shall include reasonable profit for work/services
Page 100 City of Miami March 2005
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Project Manual
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 discontinue ions 15.1 or
all affected
15.3 above, CONTRACTOR shall promptly
work unless the Notice of Termination directs otherwise and deliver
or otherwise make available to CITY all data, drawings,
specifications, reports, estimates,
e�a#e sired by the Contract Documents
summaries and such other
information as may have Q
whether completed or in process.
16. Not Used
17. Assignment:
17.1. Neither party hereto shall assign the Contract or any subcontract in
whole or in part without the written consent of the other, nor shall
CONTRACTOR assign any monies due or to become due to it
hereunder, without the previous written consent of the Mayor and
CITY Commission.
18. Rights of Various Interests:
18.1. Whenever work being done by CITY's forces or by other contractors
is contiguous to or within the limits of work covered by this Contract,
the respective rights of the various interests involved shall be
established by the Contract Administrator to secure the completion of
the various portions of the work in general harmony.
19. Differing Site Conditions:
19.1. In the event that during the course of the Work CONTRACTOR
encounters subsurface or concealed conditions at the Project sits
which differ materially from those shown on the Contract Documents
or the Detailed Scope of Work and from those ordinarily encountered
and generally recognized as inherent in work of the character called
for in the Contract Documents; or unknown physical conditions of the
Project site, of an unusual nature, which differ materially from that
ordinarily encountered and generally recognized as inherent in work
of the character called for in the Contract Documents,
CONTRACTOR, without disturbing the conditions and before
performing any work affected by such conditions, shall, within twenty-
four (24) hours of their discovery, notify CITY and or Program
Manager in writing of the existence of the aforesaid conditions. CITY
and or Program Manager shall, within two (2) business days after
receipt of Contractor's written notice, investigate the site conditions
identified by CONTRACTOR. If, in the sole opinion of CITY and or
March 2005 City of Miami Page 101
(Sty of Miami
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Program Manager, the conditions do materially so differ and cause
an increase or decrease in Contractor's cost of the original Detailed
Scope of Work, or the time required for, the performance of any part
of the Work, whether or not charged as a result of the conditions,
CITY and or Project Manual. CITY and or Program Manager shall
recommend an equitable adjustment to the Contract Price by
initiating another Job Order based on the new Detailed Scope of
Work, or the Contract Time, or both. If CITY and or Program
Manager and CONTRACTOR cannot agree on an adjustment in the
Contract Price or Contract Time, the adjustment shall be referred to
the Contract Administrator for determination in accordance with the
provisions of Article 12. Should the Contract Administrator determine
that the conditions of the Project site are not so materially different to
justify a change in the terms of the Contract,
the Manager Contract
and
Administrator shall so notify CITY and or Programg
CONTRACTOR in writing, stating the reasons, and such
determination shall be final and bindingupon the parties hereto.
19.2. No request by CONTRACTOR for an equitable adjustment to the
Contract under this provision shall be allowed unless CONTRACTOR
has given written notice in strict accordance with the provisions of
this Article. 19.3. No request for an equitable adjustment or change
to the Contract Price or Contract Time for differing site conditions
shall be allowed if made after the date certified by CITY and Program
Manager as the date of substantial completion.
20. Plans and Working Drawings:
20.1. CITY and or Program Manager shall haveothlement the planht to s and
the
details of the plans and specifications,pp
specifications with additional plans, drawings or additional
information as the Work proceeds, all of which shall be considered as
part of the Detailed Scope of Work. In case of disagreement
between the written and graphic portions of the Detailed Scope of
Work, the written portion shall govern.
21. CONTRACTOR to Check Plans, Specifications and Data:
21.1. CONTRACTOR shall verify all dimensions, quantities and details
shown on the plans, specifications or other data received from CITY
and or Program Manager, and shall notify CITY and or Program
Manager of all errors, omissions and discrepancies found therein
within three (3) calendar days of discovery. CONTRACTOR will not
be allowed to take advantage of any error, omission or discrepancy,
as full instructions will be furnished by the CITY and or Program
Manager. CONTRACTOR shall not be liable for damages resulting
Page 102 City of Miami March 2005
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Project Manual
from errors, omissions or discrepancies in the Contract Documents
unless CONTRACTOR recognized such error, omission or
discrepancy and knowingly failed to report it to the CITY and or
Program Manager.
22. CONTRACTOR's Responsibility for Damages and Accidents:
22.1. CONTRACTOR shall accept full responsibility for the Work against all
Toss or damage of whatsoever nature sustained until final acceptance
by CITY, and shall promptly repair any damage done from any cause
whatsoever, except as provided in Article 29.
22.2. CONTRACTOR shall be responsible for all materials, equipment and
supplies pertaining to the Project. In the event any such materials,
equipment and supplies are lost, stolen, 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 and equipment
furnished under this Contract will be new unless otherwise specified
and that all of the Work will be of good quality, free from faults and
defects and in conformance with the Contract Documents. All work
not conforming to these requirements, including substitutions not
properly approved and authorized, may be considered defective. If
required by CITY and or Program Manager, CONTRACTOR shall
furnish satisfactory evidence as to the kind and quality of materials
and equipment.
23.2. All work furnished under this Contract shall be guaranteed against
defective materials and workmanship, improper performance and
noncompliance`with the Contract Documents for a period of one year
after final completion and acceptance of the Job Order, except as
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 include the name of the project as designated in
the Job Order, be signed by an officer of the company having
authority to provide the warranty, and state: "This document serves
as a one (1) year written guarantee for the work performed, and
material and equipment installed on the above referenced 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."
March 2005 City of Miami Page 103
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23.4. During the guarantee period, the Contractor shall repair and replace
at his own expense, when so ordered by the CITY, all work that may
develop defects whether these defects may be inherent in the
equipment or materials, in the functioning of the piece of equipment,
or in the functioning and operation of pieces of equipment operating
together as a functional unit. Any equipment or material which is
repaired or replaced shall have the guarantee period extended for a
period of one year from the. date of the last repair or replacement.
24. Supplementary Drawings:
24.1. When, in the opinion of the ��TY anor Workto be doneProgram
more f 11y, or, it
r to
becomes necessary to explain
illustrate the Work further, or to show any changes which may be
required, supplementary drawings, with specifications pertaining
thereto, will be prepared by the CITY and or Program Manager or the
Contractor may be requested to prepare Architectural Services to
document the Detailed Scope Of Work.
24.2. The supplementary drawings shall be binding uponl Where
CONTRACTOR such
with the same force as the Project Manual.
supplementary drawings require either less or more than the original
Detailed Scope of Work, appropriate adjustments shall be made by
issuance of an a Job Order along with the required documentation.
25. Defective Work:
25.1. The CITY and or rwhich CITY and or Program Managerram Manager shall have the to reject
or disapprove workfinds to be
defective. If required by the CITY and or Program Manager,
CONTRACTOR shall promptly either correct all defective work or
remove such defective work and replace it with non -defective work.
CONTRACTOR shall bear all direct, indirect and consequential costs
of such removal or corrections including cost of testing laboratories
and personnel.
25.2. Should CONTRACTOR fail or refuse to remove or correct any
defective work or to make any necessary repairs in accordance with
the requirements of the ContractdoDocuments Program Manaln the time ger shall havetted
he
in wilting by the CITY g
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, he event
mayof be failure charged
against the Performance Bond.
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CONTRACTOR to make all necessary repairs promptly and fully,
CITY may declare CONTRACTOR in default.
25.3. If, within one (1) year after the date of final completion or such longer
period of time as may be prescribed by the terms of any applicable
special warranty required by the Contract Documents, or by any
specific provision of the Contract Documents, any of the Work is
found to be defective or not in accordance with the Contract
Documents, CONTRACTOR, after receipt of written notice from
CITY, shall promptly correct such defective or nonconforming Work
within the time specified by CITY without cost to CITY, to do so.
Nothing contained herein shall be construed to establish a period of
limitation with respect to any other obligation which CONTRACTOR
might have under the Contract Documents including but not limited
to, Article 23 hereof and any claim regarding latent defects.
in any
25.4. Failure to rererejectondefective
when such defect isrlal shall discovered, or obligate
prevent later rejection
CITY to final acceptance.
26. Taxes:
26.1. CONTRACTOR shall pay all applicable sales, consumer, use and
other taxes required by law. CONTRACTOR is responsible for
reviewing the pertinent state statutes involving state and or local
taxes and complying with all requirements. Sales Tax has been
included in the material and equipment cost of the unit prices.
27. Subcontracts:
27.1. CONTRACTOR shall not employ any subcontractor against whom
CITY and or Program Manager may have a reasonable objection.
CONTRACTOR shall not be required to employ any subcontractor'
against whom CONTRACTOR has a reasonable objection.
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 talany contractual relationship
between any subcontractor create or any obligation 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 CONTRACTOR any
subcontractor evidence of amounts paid to
account of specific work performed.
March 2005 City of Miami Page 105
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Project Manual
27.3. CONTRACTOR agrees ct�dbl�od�S of the specifically
actsubcontractor Documents for the
the
applicable terms and co
benefit of CITY.
27.4. For all Horizontal Contracts, CONTRACTOR shall perform the Work
with its own organization, amounting to not less 30% of the Contract
Price. For Vertical Contracts CONTRACTOR shall perform the Work
with its own organization, amounting to not less than 10%0 of the
Contract Price. The participation will be an accumulative participation
over the contract.
27.5 Execution of Subcontracts:
27.5.1. The Contractor
of allprovide
subth each Job contractors actors andOOrder Price
of
Proposal a proposed
work being performed. This list shall be provided on a form
provided by CITY.
27.5.2. The Contractor shall not commit to or finalizesubcontracts
eacs
with any subcontractors until receipt of approval of
subcontractor and receipt of a Job Order by the CITY. No
subcontractor shall be used that is excluded from Federal,
State, Miami Dade County or City of Miami procurement
programs nor those who have been debarred or otherwise
excluded from the CITY procurement system.
27.5.3. Upon receipt of a Job Order, the Contractor shall
immediately enter into each approved subcontract, and
thereafter shall neither terminate any such subcontract nor
reduce the scope of the work to be performed by, or
decrease the price to be paid to the subcontractor
thereunder without prior notification to CITY.
27.5.4. Ifroposed, it is
the CITY tfaat the reject on will not be y sub contractor the basis for an
hereby agreed1
increase in the Job Order Price Proposal.
27.6. Procedure for Changing Listed Subcontractors:
A subcontractor may be changed only subsequent to notification to
and approval from the
Wllth • The a release lfication from theflisted change subcontractor
reasons for the change
attached thereto.
27.7. The Contractor shall give his/her personal attention constantly to the
faithful performance of the works shall keep the same under his/her
own control, and shall not assign the contract by power of attorney or
Page 106 City of Miami March 2005
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Project Manual
otherwise, nor sublet the work or any part thereof, without the
previous written consent of the CITY.
its
27.8. If an approved Subcontractor elects subcontract shall beany portion submitted infthe
subcontract, the proposed
same manner as directed above.
27.9. Wherever the word Subcontractor appears, it also means sub -
Subcontractor.
27.10. No Subcontractor shall be permitted on the Site unless such
subcontractor is approved. Before entering into any subcontract
hereunder, the Contractor shall inform the Subcontractor fully and
completely of all provisions and requirements of this Contract relating
either directly or indirectly to the Work to be performed and the
materials to be furnished under such subcontract, and every such
Contractor shall expressly stipulate that all labor performed and
materials furnished thereunder shall strictly comply with the
requirements of the Contract.
27.11. The agreement between the Contractor and its Subcontractors shall
contain the same terms and conditions as to method of payment for
Work, labor and materials, and as to retained percentages as are
contained in this Contract.
27.12. The Contractor shall pay all Subcontractors for and on account of
Work performed by such Subcontractors in accordance with the
terms of their respective subcontracts. If and when required by the
CITY, the Contractor shall submit satisfactory evidence that it has
made such payment.
27.13. The CITY's approval of a Subcontractor shall not relieve the
Contractor of any of its responsibilities, duties and liabilities
hereunder. The Contractor shall be solely responsible to the CITY for
the acts, omissions or defaults of its Subcontractor and of such
Subcontractor's officers, agents and employees, each of whom shall,
for this purpose, be deemed to be the agent or employee of the
Contractor to the extent of its subcontract.
27.14. The Contractor shall cause appropriate provision to be inserted in all
subcontracts relative to the work to require compliance by each
subcontractor with the applicable provisions contained in the
Contract.
27.15. Nothing contained in the contract documents shall create any
contractual relation between any subcontractor and the CITY.
March 2005 City of Miami Page 107
Project Manual
OW of Miami
27.16. No Subcontractor shall te permitted to evidance of insurance erform ork as segue dite until
by the
it has furnished satisfactory
CITY.
27.17. The Contractor shall promptly, upon request, file with the CITY a
conformed copy of any subcontract.
27.18. Contractor Liable and Responsible To CITY:
27.18.1. The Contractor shall be held liable by CITY for the
performance of all the work provided for under this
Contract. These specifications make no attempt to fix the
scope of the work of the subcontractors or the
responsibility of any such subcontractors, it being
understood that 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 obligations to complete the Work in
accordance with the Contract. The contractor shall not be
released from any part of his/her liabilities or obligations
under his/her contract should any subcontractor fail to
perform in a satisfactory manner the work undertaken by
him. The Contractor shall control and coordinate the Work
of its Subcontractors.
27.18.3. Any disputes which may arise in this connection between
the Contractor and any subcontractor must be settled
between the parties concerned. CITY will not undertake or
bein any way responsible for the settlement of such
disputes.
28. Separate Contracts:
28.1. CITY reserves the right to let other contracts in connection with this
Project. CONTRACTOR shall afford other persons reasonable
opportunity for the introduction and storage of their materials and the
execution of their work and shall properly connect and coordinate this
Work with theirs.
28.2. If any part of CONTRACTOR'S Work depends for proper execution or
results upon the work of any he otherpersons,
oand or CONTRACTOR
Manager
inspect and promptly report to
any defects in such work that render it unsuitable for such proper
execution and results. CONTRACTOR'S
�Rhefothef to so erson's woektas fit
report shall constitute an acceptanceperson's
proper for the reception of CONTRACTOR'S Work, except as to
Page 108 City of Miami March 2005
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defects which may develop in other contractor's work after the
execution of CONTRACTOR's.
28.3. CONTRACTOR shall conduct its operations and take all reasonable
steps to coordinate the prosecution of the Work so as to create no
interference or impact on any other contractor on the site. Should
such interference or impact occur, CONTRACTOR shall be liable to
the affected contractor for the cost of such interference or impact.
28.4. To insure the proper execution of 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 Completed Portions:
29.1. CITY shall have the right at its sole option to take possession of and
use any completed or partially completed portions of the Project.
Such possession and use shall not be deemed an acceptance of any
of the Work not completed in accordance with the Contract
Documents. If such possession and use increases the cost of or
delays the Work, CONTRACTOR shall be entitled to reasonable
extra compensation, or reasonable extension of time or both., as
recommended by Program Manager and or CITY.
29.2. In the event CITY takes possession of any completed or partially
completed portions of the Project, the following shall occur:
29.2.1. CITY shall give notice to CONTRACTOR in writing at least
thirty (30) calendar days prior to CITY's intended
occupancy of a designated area.
29.2.2. CONTRACTOR shall complete to the point of Substantial
Completion the designated area and request inspection
and issuance of a Certificate of Substantial Completion in
the form attached hereto as 00925 from the CITY and or
Program Manager.
29.2.3. Upon CITY's issuance of a Certificate of Substantial
Completion, CITY will assume full responsibility for
maintenance, utilities, subsequent damages of CITY and
public, adjustment of insurance coverages and start of
warranty for the occupied area.
29.2.4. CONTRACTOR shall complete all items noted on the
Certificate of Substantial Completion within the time
specified by the CITY and or Program Manager on the
Certificate of Substantial Completion, as soon as possible
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City of Miami
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 necessary to occupy or use a portion or
portions of the Work prior to Substantial Completion
thereof, such occupancy or use shall not commence prior
to a time mutually agreed upon by CITY and
CONTRACTOR and to which the insurance company or
companies providing the property insurance have
consented by endorsement to the policy or policies.
Insurance on the unoccupied or unused portion or portions
shall not be canceled or lapsed on account of such partial
occupancy or use. Consent of CONTRACTOR and of the
insurance company or companies to such occupancy or
use shall not be unreasonably withheld.
30. Lands for Work:
30.1. CITY shall provide, as may be indicated in the Contract Documents,
the lands upon which the Work is to be performed, rights -of -way and
easements for access thereto and such other sands as are
designated by CITY or the use of CONTRACTOR.
30.2. CONTRACTOR shall provide, at CONTRACTOR'S own expense and
without liability to CITY, any additional land and access thereto that
may be required for temporary construction facilities, or for storage of
materials. CONTRACTOR shall furnish to CITY copies of written
permission obtained by CONTRACTOR from the owners of such
facilities.
31. Legal Restrictions and Traffic Provisions:
31.1. CONTRACTOR shall conform to and obey all applicable laws,
regulations, or ordinances with regard to labor employed, hours of
work and CONTRACTOR's general operations. CONTRACTOR
shall conduct its operations so as not to close any thoroughfare, nor
interfere in any way with traffic on railway, highways, or water,
without the prior written consent of the proper authorities.
32. Location and Damage to Existing Facilities, Equipment or Utilities:
32.1. As far as possible, all existing utility lines in the Project area have
been shown on the plans. However, CITY does not guarantee that
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all lines are shown, or that the ones indicated are in their true
location. It shall be the CONTRACTOR'S responsibility to identify
and locate all underground and overhead utility lines or equipment
affecting or affected by the Project. No additional payment will be
made to the CONTRACTOR because of discrepancies in actual and
plan location of utilities, and damages suffered as a result thereof.
32.2. The CONTRACTOR shall notify each utility company involved at
least ten (10) days prior to the start of construction to arrange for
positive underground location, relocation or support of its utility where
that utility may be in conflict with or endangered by the proposed
construction. Relocation of water mains or other utilities for the
convenience of the CONTRACTOR shall be paid by the
CONTRACTOR. All charges by utility companies for temporary
support of its utilities shall be paid for by the CONTRACTOR. All
costs of permanent utility relocation to avoid conflict shall be the
responsibility of the utility company involved. No additional payment
will be made to the CONTRACTOR for utility relocations, whether or
not said relocation is necessary to avoid conflict with other lines.
32.3. The CONTRACTOR shall schedule the work in such a manner that
the work is not delayed by the utility providers relocating or
supporting their utilities. The CONTRACTOR shall coordinate its
activities with any and all public and private utility providers
occupying the right-of-way, No compensation will be paid to the
CONTRACTOR for any Toss of time or delay.
32.4. All overhead, surface or underground structures and utilities
encountered are to be carefully protected from injury or
displacement. All damage to such structures is to be completely
repaired within a reasonable time; needless delay will not be
tolerated. The CITY reserves the right to remedy such damage by
ordering outside parties to make such repairs at the expense of the
CONTRACTOR. All such repairs made by the CONTRACTOR are to
be made to the satisfaction of the utility owner. All damaged utilities
must be replaced or fully repaired. All repairs are to be inspected by
the utility owner prior to backfilling.
33. Value Engineering:
33.1. CONTRACTOR may request substitution of materials, articles,
pieces of equipment or any changes that reduce the Contract Price
by making such request to the CITY and or Program Manager in
writing. The CITY and or Program Manager will be the sole judge of
acceptability, and no substitute will be ordered, installed, used or
initiated without the CITY's and or Program Manager's prior written
March 2005 City of Miami Page 111
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acceptance which will be evidenced by either a Change Order or an
approved Shop Drawing. However, any substitution accepted by the
CITY and or Program Manager shall not result in any increase in the
Contract Price or Contract Time. Any substitution submitted by
CONTRACTOR must meet the form, fit, function and life cycle criteria
of the item proposed to be replaced and there must be a net dollar
savings including the CITY and or Program Manager's review fees
andcharges. If a asChangesubstitution is approved, the net dollar savings
Order. CITY may require
shall be prococessed a deductive
CONTRACTOR to fumish at CONTRACTOR'S expense a special
performance guarantee or other surety with respect to any substitute
approved after award of the Contract.
34. Continuing the Work:
34.1. CONTRACTOR shall carry on the Work and adhere to the progress
schedule during all disputes or disagreements with CITY, including
disputes or disagreements concerning a request for a Change Order,
are quest for a change in the Contract Price or Contract Time. The
Work shall not be delayed or postponed pending resolution of any
disputes .or disagreements.
35. Changes in the Work or Terms of Contract Documents:
35.1. Without invalidating the Contract and without notice to any surety
CITY reserves and shall have the right, from time to time to make
such increases, decreases or other changes in the character or
quantity of the Work as may bblconsidthe e red
proposed necessary onstruction bie n to
complete fully and acceptably p p
satisfactory manner. Any extra or additional work within the scope•of
this Project must be accomplished by means of appropriate Field
Orders and Supplemental Instructions or Change Orders issued
through a Job Order with the required Documentation.
35.2. Any changes to the terms of the Contract Documents must be
contained in a written document, executed by the parties hereto, with
the same formality and of equal dignity prior to the initiation of any
work reflecting such change. This section shall not prohibit the
issuance of Change Orders through a Job Order with the required
Documentation executed only by CITY as hereinafter provided.
36. Field Orders and Supplemental Instructions:
36.1. The Contract Administrator, through the CITY and or Program
Manager, shall have the right to approve and issue Field Orders
setting forth written interpretations of the intent of the Contract
Documents and ordering minor changes in Work execution, providing
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the Field Order involves no change in the Contract Price or the
Contract Time.
36.2. The CITY and or Program Manager shall have the right to approve
and issue Supplemental Instructions setting forth written orders,
instructions, or interpretations concerning the Contract Documents or
its performance, provided such or theContractSupplemental
Instructions involve no
change in the Contract Price
e.
37. Change Orders:
37.1. The CITY without invalidating the 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 are to be Owner
initiated as a result of: 1) change in the original scope of work or 2) a
hidden condition requiring the use of work tasks or non pre -priced
tasks not in the Contractor's oricontl act.
37.2. Work
shall be executed under the conditions of the original
37.2. No changes shall be made without a Ordern Job amountamountOrder shallfrom the
be valid
CITY. No claim for an additional Job
unless so ordered and authorized by issuance a Job Order.
37.3. Changes will be considered as a new Job Order and such will follow
the procedures outlined in Article 12 of the Ordering Procedures in
the JOC Supplemental Conditions.
37.4. Changes in the quantity or character of the Work within the scope of
work of the Project which are not properly the subject of Field Orders
or Supplemental instructions, including all changes resulting in
changes in the Contract Price, or the Contract Time, shall be
authorized only by Change Orders, issued with a Job Order with the
required documentation ands approved
CITY.advance and issued in
accordance with the provisionof the
37.5. All changes to construction contracts
Chant be a Orderorhe in advance
c calculated
accordance with the value o 9
value of the time extension.
37.6. In the event satisfactory adjustment cannot be reached for any item
requiring a change in the Contract Price or Contract Time, and a
Change Order has not been issued,
tCITY
act asst applies toright
he items
sole option to either terminate he Con
-in question and make such arrangements as may be deemed
necessary to complete the disputed work; or submit the matter in
dispute to Contract Administrator as set forth in Article 12 hereof.
During the pendency of the dispute, and upon receipt of a Change
March 2005
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City of Miami
Order approved by CITYCON CONTRACTOR
advise promptly proceed
with the change in the Work
involved and the Contra
calendar days of
Administrator in writing within seven (7)
CONTRACTOR'S agreement or disagreement with the method, if
any, provided in the Change Order for determining the proposed
adjustment in the Contract Price or Contract Time.
37.7. Under circumstances determined necessary by CITY, Change
Orders may be issued unilaterally by CITY.
38. Value of Change Order Work:
38.1. The value of any work covered by a Change Order or of any claim for
an increase or decrease in the Contract Price shall be determined as
followings:
38.2. All changes, or order of extra Work shall be paid for at the Unit Prices
set forth in the Construction
okreductionTm or as Non Pre -priced
of Work shall be paid in
Tasks. Credits for the omission
the same manner.
38.3. For each change, omission or extra work ordered by the CITY, the
contractor shall submit a Job Order Price Proposal in writing to the
CITY stating a lump sum amount and shall state the extent to which
the contract time shall thereby be increased or decreased.
38.4. All Job Order Price Proposals shall be submitted promptly.
39. Notification and Claim for Change of Contract Time:
39.1. Any claim for a change in the Contract Time shall be made by written
notice by CONTRACTOR to the Contract Administrator and or
Program Manager within one (1) calendar day of the commencement
of the event giving rise to the claim and stating the general nature
and cause of the claim. The addition time and schedule will be
submitted by the CONTRACTOR to the Contractor Administrator
within (5) calendar days after Notify the Program Manger additional
time is needed. The CITY will consider the request at the time when
the new schedule is submitted to the Contractor Administrator 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 IFNOT
REMENTSSUBMITTED
OF THISIN SECTION STRICT
ACCORDANCE WITH THE REO
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39.2. The Contract Time will be extended in an amount equal to time lost
on critical Work items due to delays beyond the control of and
through no fault or negligence of CONTRACTOR if a claim is made
therefor as provided in Section 39.1. Such delays shall include, but
not be limited to, acts or neglect by any separate contractor
employed by CITY, fires, floods, labor disputes, epidemics, abnormal
weather conditions or acts of God.
40. No Damages for Delay:
40.1. No claim for damages or any .claim, other than 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
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 is 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 as to any
particular event of delay shall be deemed conclusively to constitute a
waiver, abandonment or relinquishment, of any and all claims
resulting from that particular event of delay.
41.3. Excusable Delay may be compensable or non-compensable:
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41.4.1. Compensable Excusable Delay:
41.4.1.1. Excusable Delay is compensable 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 (iii) 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 Compensable 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 and agree
that the amount of CONTRACTOR'S precise
actual indirect costs for delay in the performance
and completion of the Work is impossible to
determine as of the date of execution of the
Contract Documents, and that proof of the precise
amount will be difficult. Therefore, indirect costs
recoverable by the CONTRACTOR shall be
liquidated on a daily basis for each day the
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
limited to, all profit on indirect costs, home office
overhead, acceleration, loss of earnings, loss of
productivity, loss of bonding capacity, loss of
opportunity and all other indirect costs incurred by
CONTRACTOR. The amount of liquidated indirect
costs recoverable shall be as listed in Article 19 of
the JOC Supplemental Conditions per day for
each calendar day the Contract is delayed due to
a Compensable Excusable Delay.
41.4.2. Non-Compensable Excusable Delay:
41.4.2.1. When Excusable Delay is (I) caused by
circumstances beyond the control of
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CONTRACTOR, its subcontractors, suppliers and
vendors, and is also caused by circumstances
beyond the control of the CITY or Program
Manager, or (ii) is caused jointly or concurrently by
CONTRACTOR or its subcontractors, suppliers or
vendors and by the CITY or Program Manager,
then CONTRACTOR shall be entitled only to a
time extension and no further compensation for
the delay.
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, including a preliminary list of items not
yet completed. 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 Date of Substantial
Completion; shall state the responsibilities of CITY and
CONTRACTOR for security, maintenance, heat, utilities, damage to
the Work, and insurance; and shall list all Work yet to be completed
to satisfy the requirements of the Contract Documents for Final
Completion. The failure to include any items of corrective work on
such list does not alter the responsibility of CONTRACTOR to
complete ail of the Work in accordance with the Contract Documents.
Warranties required by the Contract Documents shall commence on
the date of Substantial Completion of the Work or designated portion
thereof unless otherwise provided in the Certificate of Substantial
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. No interest:
43.1. Any monies not paid by CITY when claimed to be due to
CONTRACTOR under this Agreement, including, but not limited to,
any and all claims for contract damages of any type, shall not be
subject to interest including, but not limited to prejudgment interest.
However, the provisions of CITY's prompt payment ordinance, as
such relates to timeliness of payment, and the provisions of Section
March 2005 City of Miami Page i 17
City of Miami
Project Manual
218.74(4), Florida Statutes (1989) as such relates to the payment of
interest, shall apply to valid and 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 RFPP 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 list by CITY and or Program Manager shall in no way relieve
CONTRACTOR from submitting complete Shop Drawings and
providing materials, equipment, etc., fully in accordance with the
Contract Documents. This procedure is required in order to expedite
final approval of Shop Drawings.
44.3. After the approval of the list of items required in Section 44.2 above,
CONTRACTOR shall promptly request Shop Drawings from the
various manufacturers, fabricators, and suppliers. CONTRACTOR
shall include all shop drawings and other submittals in its certification.
44.4. CONTRACTOR shall thoroughly review and check the Shop
Drawings and each and every copy shall show this approval thereon.
ract
44.6. If the Shop Drawings show shallte departures from makespecific mentionet
requirements, CONTRACTORthereof in
its letter of transmittal. Failure to point out such departures shall not
relieve CONTRACTOR from its responsibility to comply with the
Contract Documents.
44.6. CITY and or Program Manager will attempt to process and retum
completed submittal packages within fourteen (14) calendar days
from receipt of the completed package and notify contractor of review
comments. CITY and Program l notnregeve CONTRACTOR approval of Shop
of
Drawings will be general
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
Page 118 City of Miami March 2005
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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 submittals of Shop Drawings for
items which interconnect and/or are interdependent where necessary
to properly evaluate the design. It is CONTRACTOR'S responsibility
to assemble the Shop Drawings for all such interconnecting and/or
interdependent items, check them and then make one submittal to
CITY and or Program Manager along with its comments as to
compliance, noncompliance, or features requiring special attention.
44.8. If catalog sheets or prints of manufacturers' standard drawings are
submitted as Shop Drawings, any additional information or changes
on such drawings shall be typewritten or lettered in ink.
44.9. CONTRACTOR shall submit the number of copies required by CITY
and or Program Manager. Re -submissions of Shop Drawings shall
be made in the same quantity until final approval is obtained.
44.10. CONTRACTOR shall keep one 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 line and grade in the field lies with
CONTRACTOR. Furthermore the CONTRACTOR shall maintain an
accurate and precise record of the location and elevation of all
constructed items such as: pipe lines, conduits, structures,
maintenance access structures, hand holes, fittings and the like.
CONTRACTOR shall deliver these records in good order to CITY and
or Program Manager as the Work is completed. The cost of all such
field layout and recording work is included in the bid adjustment
factors. All record drawings shall be made on reproducible paper
and shall be delivered to CITY and or Program Manager prior to, and
as a condition of, final payment.
45.2. CONTRACTOR shall maintain in a safe place at the Project site one
record copy of all Drawings, Plans, Specifications, Addenda, written
amendments, Change Orders, Field Orders and written
interpretations and clarifications in good order and annotated to show
all changes made during construction. These record documents
together with all approved samples and a counterpart of all approved
Shop Drawings shall be available at all times to CITY and or Prograrn
Manager for reference.
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45.3. Prior to, and as a condition precedent to Final Payment,
CONTRACTOR shall submit to CITY, CONTRACTOR's record
drawings or as -built drawings acceptable to CITY and or Program
Manager as listed in Article 46. If no drawings were provided by the
CITY or developed by the Contractor, the City may require the
Contractor, at no expense to the CITY, to provide "as-builts" to
properly document the Work. The CITY will specify the form of As -
Built drawings that will be required, based on what is practicable to
both parties to the Contract.
46. As -Built Drawings:
46.1. As the Work progresses, the Contractor and the Subcontractor for
each trade or division of Work, under the direction of the Contractor,
shall keep a complete and accurate record of the following:
46.2. Changes and deviations between the Work as shown on the Contract
Documents (if drawings providedrawinor Workas developed by the
act ally
Contractor) and shop drawings indicating the
installed.
valves duct Work, equipment, and
located or changed location on the
manufacturer's names and model
46.3. The specific locations of piping,
other such Work which were not
Drawings and shop drawings.
46.4. Equipment schedules indicating
numbers.
46.5. The As -Built Documents shall be arranged in a logical order, and in
accordance with the various provisions ro Contractor he shall Specificationif s
any),
for
and properly indexed.
completeness prior to submittal to the CITY. At the completion of the
Work, the Contractor and each Subcontractor shall certify by
endorsement thereof that each of the revised sepia mylar of the
Drawings and copy of Specifications and shop drawings is complete
and accurate.
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;
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47.1.2. All the work and all materials or equipment to be
incorporated therein, whether in storage on or off the
Project site; and
47.1.3. Other property at the Project site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for
removal, relocation or replacement in the course of
construction.
47.2. CONTRACTOR shall comply with all applicable laws, ordinances,
rules, regulations and orders of any public body having jurisdiction for
the safety of persons or property or to protect them from damage,
injury or loss; and shall erect and maintain all necessary safeguards
for such safety and protection. CONTRACTOR shall notify owners of
adjacent property and utilities when prosecution of the work may
affect them. All damage, injury or loss to any property referred to in
Article 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'
duties and responsibilities for the safety and protection of the work
shall continue until such time as all the Work is completed and
Program Manager has issued a notice to CITY and CONTRACTOR
that the Work is acceptable except as otherwise provided in Article
29 hereof.
47.3. CONTRACTOR shall designate a responsible member of its
organization at the Work site whose duty shall be the prevention of
accidents. This person shall be CONTRACTOR'S superintendent
unless otherwise designated in writing by CONTRACTOR to CITY.
48. Payment by CITY for Tests:
48.1. Except when otherwise specified by the CITY in the Contract
Documents and or RFPP, the expense of all tests requested by CITY
and or Program Manager shall be borne by CITY and performed by a
testing firm chosen by CITY and or Program Manager. For road
construction projects the procedure for making tests required by
CITY and or Program Manager will be in conformance with the most
recent edition of the State of Florida, Department of Transportation
Standard Specifications for Road and Bridge Construction. The cost
of any required test which CONTRACTOR fails shall be paid for by
CONTRACTOR. Any testing the CITY and or Program Manager
request the Contractor to perform will be identified in the Detailed
Scope of Work and or Contract Documents and the cost submitted in
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City of Miami
the Contractor's Price Proposal. The cost of process quality control
testing routinely performed by the Contractor is included in the unit
price for individual tasks.
49. Project Sign:
49.1. Any requirements for a 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 Project site in response to all threatened
storm events, regardless of whether the CITY and or Program
Manager has given notice of same.
50.2. Compliance 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 has directed such suspension,
will entitle the CONTRACTOR to additional Contract Time as non-
compensable, excusable delay, and shall not give rise to a claim for
compensable delay.
51. Cleaning Up; CITY'S Right to Clean Up:
51.1. CONTRACTOR shall at all times keep the premises free from
accumulation of waste materials or rubbish caused by its operations.
At the completion of the Project, CONTRACTOR shall remove all its
waste materials and rubbish from and about the Project as well as its
tools, construction equipment, machinery and surplus materials. If
CONTRACTOR fails to clean up during the prosecution of the Work
or at the completion of the Work, CITY may do so and the cost
thereof shall I be charged to CONTRACTOR. If a dispute arises
between CONTRACTOR and separate contractors as to their
responsibility for cleaning up, CITY may clean up and charge the cost
thereof to the contractors responsible therefor as CITY and or
Program Manager shall determine to be just.
52. Removal of Equipment:
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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.
53. Nondiscrimination, Equal Employment Opportunity, and Americans with
Disabilities Act:
53.1. CONTRACTOR shall not unlawfully discriminate against any person
in its operations and activities or in its use or expenditure of funds in
fulfilling its obligations under this Agreement. CONTRACTOR shall
affirmatively comply with all applicable provisions of the Americans
with Disabilities Act (ADA) in the course of providing any services
funded by CITY, including Titles I and 11 of the ADA (regarding
nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONTRACTOR
shall take affirmative steps to ensure nondiscrimination in
employment against disabled persons.
53.2. CONTRACTOR'S decisions regarding the delivery of services under
this Agreement shall be made without regard to or consideration of
race, age, religion, color, gender, sexual orientation, national origin,
marital status, physical or mental disability, political affiliation, .or any
other factor which cannot be lawfully used as a basis for service
delivery.
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 to the Project 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 records upon seventy-two (72) hours written notice.
55. Occupational Health and Safety:
March 2005 City of Miami Page 123
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City of Miami
55.1. 1n 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 Shee(MSDS) include `ch the foay be otained from lowingbnforma# on: the
manufacturer. The MSDS
55.2. The chemical name and the common 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, handling practices, necessary personal
protective equipment, and other safety precautions in the use of or
exposure to the toxic substances, including appropriate emergency
treatment in case of overexposure.
55.5. The emergency procedure for spills, fire, disposal, and first aid.
55.6. A description in lay terms of the known specific potential health risks
posed by the toxic substance intended to alert any person reading
this information.
55.7. The year and month, if available, that the information was compiled
and the name, address, and emergency telephone number of the
manufacturer responsible for preparing the information.
55.8. Asbestos:
55.8.1.
THE CONTRACTOR IS WARNED THAT EXPOSURE TO
AIRBORNE ASBESTOS HAS BEEN ASSOCIATED WITH
FOUR DISEASES: LUNG CANCER,
GASTROINTESTINAL MESOTHELIOMAAND
PERITONEEALLPLEURAL
ASBESTOSIS.
PERITONEAL
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.
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55.8,2. The Contractor is advised that friable and/or nonfriable
asbestos -containing material may be encountered in
area(s) where contract work is to be performed. Friable
asbestos containing material means any material that
contains more than one percent asbestos by weight that
hand pressure can crumble, pulverize or reduce to powder
when dry. Nonfriable asbestos -containing materials are
materials in which asbestos fibers are bound by a matrix
material, saturant, impregnant or coating. Nonfriable
asbestos -containing materials do not normally release
airborne .asbestos fiber during routine handling and end -
use. However, excessive fiber concentrations may bo
produced during uncontrolled abrading, sanding, drilling,
cutting, machining, removal, demolition or other similar
activities.
55.8.3. Care must be taken to avoid releasing or causing to be
released, asbestos fibers into the atmosphere where they
may be inhaled or ingested. The Occupational Safety and
Health Administration (OSHA) has set standards at 29
CFR 1910.1001 for exposure to airborne concentrations of
asbestos, fibers, methods of compliance, medical
surveillance, housekeeping procedures, and other
measures that must be taken when working -with or around
asbestos -containing materials. 29 CFR 1910.1001 has
been identified as applicable to construction (29 CFR
1926.55 gases, vapors, fumes, dusts and mists). The
Environmental Protection 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 projects (ETL 1110-1-118, 27 May 1983).
Plans and specifications for all new construction and
modification projects will be reviewed to ensure that the
use of friable asbestos -containing materials is not called
for.
55.8.5. Maintenance, modification, or demolition activities where
exposure to asbestos dust may occur from previously
installed friable or nonfriable asbestos -containing material
March 2005 City of Miami Page 125
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City ofMiami
will be identified. All precautions, to include proper work
practices, medical surveillance, respiratory protection,
industrial hygiene, and environmental protection
requirements of OSHA (29 CFR 1910.1001), EPA (40 CFR
61.140-156) and DA Circular 40-834, as applicable, shall
be strictly followed.
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 non -submission of any such documentation
shall be deemed to be an affirmation by the Bidder that there are no
citations or violations. Bidder shall notify the CITY immediately of
notice of any citation or violation which Bidder may receive after the
Bid opening date and during the time of performance of any contract
awarded to it.
Page 126 City of Miami March 2005
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00900 SUPPLEMENTARY CONDITIONS
PAGE INTENTIONALLY LEFT BLANK
March 2005 City of Miami Page 127
of, 20 , by
personally known to me or who has produced as
identification and who did/did not take an oath.
Project Manual
City of Miami
00923 STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)
No.
Contract No.
Project Title
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 Tess than those required by
the Davis Bacon Act and the applicable conditions of the Contract.
Dated 20_.^
STATE OF )
) SS
COUNTY OF )
By
Contractor
By
(Signature)
(Name and Title)
The foregoing instrument was acknowledged before me this day
who is
WITNESS my hand and official seal, this day of ., 20-
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
My commission expires: (Serial number, if any)
Page 128 City of Miami March 2005
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DAVIS BACON WAGE DECISIONS AND ASSOCIATED INFORMATION
The prevailing wage rates, GENERAL DECISION: FL20030001 FL1, Superseded
General Decision No. FLO20001 January 28, 2005 and GENERAL DECISION
FL20030044, Superseded General Decision No. FL020044 June 13, 2004 by the
Secretary of Labor State of Florida, with respect to the Job Order Contract(s) 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, Wages Decisions can be found at
http://www.access.gpo.gov/davisbacon/fl,html
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 effect for twelve (12) months from the date
the Contract is executed. Thereafter, if CITY executes an option to extend the
Contract for an additional term(s) 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.
March 2005 City of Miami Page 129
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Project Manual
GENERAL DECISION: FL20030001 01/28/2005 FL1
Date: January 28, 2005
General Decision Number: FL20030001 08/27/2004
Superseded General Decision Number: FLO20001
State: Florida
Construction Type:
BUILDING
County:
Miami -Dade County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes and apartments up to and including four (4) stories)
0 06/13/2003
1 01/23/2004
2 04/09/2004
3 05/28/2004
4 08/27/2004
5 01/28/2005
ASBE0060-001 09/01/2003
ASBESTOS WORKER/HEAT AND
FROST INSULATOR
Rates Fringes
$23.65 8.79
ELEC0349-001 06/01/2002
ELECTRICIAN (Including Fire Alarm
Installation):
Electrical contracts including
materials that are less than $20.50 4.30 + 8%
$2,000,000
Electrical contracts including
materials that are over $2,000,000 $22.96 4.30 + 8%
Rates Fringes
ELEV0071-001 11/01/2001 Rates Fringes
Page 130 City of Miami March 2005
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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
years of service as Vacation Pay Credit; Paid Holidays:
New Year's Day; Memorial Day; Independence Day;
Thanksgiving Day; Christmas Day, plus the Friday after
Thanksgiving.
E N G 10487-001 7/01/2002
Rates Fringes
POWER EQUIPMENT OPERATORS:
Crane Oiler (Including Truck Crane)
$16.50 5.70
I RON0272-001 04/01/2003
IRONWORKERS:
Ornamental
Reinforcing
Structural
Rates
$19.75
$19.75
$19.75
P LU M0519-001 03/16/2003
PLUMBER
Rates
$22.27
P LU M0725-001 07/16/2003
PIPEFITTER (Including HVAC)
Rates
$25.05
SFFLO821-001 01 /01 /2003
SPRINKLER FITTER
Rates
$22.40
SHEE0032-001 08/12/2003
SHEET METAL WORKER
March 2005
Fringes
4.70
4.70
4.70
Fringes
5.68
Fringes
6.50
Fringes
6.27
Rates Fringes
City of Miami Page 131
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Project Manual
City of Miami
(Including HVAC duct work) $24.24 8.97
S U F L 1999 -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:
Pipelayers $13.81
Plasterer Tenders $10.09
Unskilled (including Mason Tending) $8.70
PAINTER, BRUSH $9.61
PLASTERER $15.05
POWER EQUIPMENT OPERATORS: $15.71 2.85
Backhoe
Bulldozer $14.58 2.85
Concrete Pump Operator $14.78
Grader $15.93 2.85
Loader $15.04 2.85
Roller $12.84 2.85
ROOFER $9.99
TILE SETTER $12.50 0.87
TRUCK DRIVER $10.95 1.83
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within the
scope of the classifications listed may be added after award only as
provided in the labor standards contract clauses (29CFR 5.5(a)
(1)(ii)).
In the listing above, the "SU" designation means that rates listed
under that identifier do not reflect collectively bargained wage and
Page 132 City of Miami March 2005
City of Miami
Project Manual
fringe benefit rates. Other designations indicate unions whose
rates have been determined to be prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter?
This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey' related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and
Hour Regional Office forthe those areaRegional in h thesurvey
eywas
have
conducted because
responsibility for the co Bact is not saacon tisfacgory, then the
ram. If the
response from this initial
process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process
described here, initial contact should 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
2.) If the answer to the question in 1.) is yes, then an interested
party (those affected by the action) can request review and
reconsideration from the Wage and Hour Administrator (See
29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
March 2005
City of Miami Page 13�3
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Project Manual
The request should be accompanied by a full statement othe
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 Administrator 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
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Page 134
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GENERAL DECISION: FL20030044 FL44
Date: June 13, 2003
General Decision Number: FL20030044
Superseded General. Decision No. FL020044
State: Florida
Construction Type:
HIGHWAY
County(ies):
DADE
HIGHWAY CONSTRUCTION PROJECTS(excbias� 98 tunnels,
building& spandrel arch
ns in
rest areas projects, and railroad construction,
bridges designed for commercial navigation; bridges involving marine construction;
other major bridges).
Modification Number Q6bl3 2003
anon Date
0
COUNTY(ies):
DADE
SUFL3009A 08/01/1993 Rates Fringes
BRICKLAYER/MASON 11.00
CARPENTERS 11.72
CONCRETE FINISHER 12.22
ELECTRICIAN 14.42
FENCE ERECTOR 12.00
FORM SETTER 10.52
GUARDRAIL ERECTOR 7.55
LABORERS: Asphalt Raker 8.23 8 1
Pipelayers 7.554
Unskilled
IRONWORKERS: Reinforcing 13.52
14.65
Structural 11 62
PAINTERS
March 2005 City of Miami
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City of Miami
POWER EQUIPMENT OPERATORS:
Asphalt Distributor 8.67
Asphalt Paving Machine Operator 10.48
Asphalt Screed 9.22
Backhoe 11.27
Boom -Auger Operator 10.14
Bulldozer 10.40
Concrete Joint Saw 11.86
Concrete Curb Machine 10.93
Crane, Derrick, or Dragline 13.59
Earthmover 9.57
Forklift Op. 8.00
Front End Loader:
1 cu. yard and under 9•29
Over 1 cu. yard 9.68
Grademan 7.64
Gradall 10.50
Guardrail Post Driver Operator 10.75
Mechanic 12.00
Milling Machine 8.71
Milling Machine Grade Checker 7.78
Motor Grader 11.52
Mulching Machine 7.75
Oiler, Grease Man 12.21
Pavement Striping Machine 9.34
Pavement Striping Machine
Nozzleman 7.91
Piledrivers:
Leadsmen 14.77
Operator 13.71
Power Subgade Mixer 8.50
Rollers:
Finish 9.18
Rough 7.66
Self Prop. Rubber Tire 9.20
Scraper 7.55
Sign Erector 11.65
Small Tool Operator 8.05
Tractor, Light 7.83
Trenching Machine 8.19
Widening Spreader Machine 8.50
TRAFFIC CONTROL SPECIALIST 7.95
Page 136 City of Miami March 2005
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Project Manual
TRAFFIC SIGNALIZATION:
Installer 8.61
Mechanic 11.47
TRUCK DRIVERS:
Low -Boy 8.63
Single & Multi -Rear Axle 8.05
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within the
scope of the classifications listed may be added after award only as
provided in the labor standards contract clauses (29 CFR 5.5(a)
(1)(ii)).
In the listing above, the "SU" designation means that rates listed
under that identifier do not reflect collectively bargained wage and
fringe benefit rates. Other designations indicate unions whose
rates have been determined to be prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter?
This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and
Hour Regional Office for the area in which the survey was
conducted because those Regional Offices have
responsibility for the 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.
March 2005 City of Miami Page 137
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City of Miami
With regard to any other matter 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
2.) If the answer to the question in 1.) is yes, then an interested
party (those affected by the action) can request review and
reconsideratiori 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 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 Administrator 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
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL. DECISION
Page 138 City of Miami March 2005
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Project Manual
00924 SECTION 3 PROVSIONS
Occasionally projects may be federally funded by The Department of Housing
and Urban Development (HUD). When projects are identified by the City as
funded by (HUD) the Contractor must comply with HUD requirements and
make good faith efforts to maximize participation from Section 3 Residents
and Section 3 Businesses.
March 2005 City of Miami Page 139
Project Manual
City of Miami
00925 CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT: CITY AND OR
(name, address) PROGRAM MANAGER:
CONTRACT NUMBER:
TO (CITY):_ CONTRACTOR:
PROJECT NUMBER:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be
substantially complete and all documents requiredto be submitted by
CONTRACTOR under the Contract Documents have been received and accepted.
The Date of Substantial Completion of the Project or portion thereof designated
above is hereby established as (date), which is also the date of
commencement of applicable warranties required by the Contract Documents,
except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion thereof designated
by CITY is the date certified by CITY and or Program Manager when all
conditions and requirements of permits and regulatory agencies have been
satisfied and the Work is sufficiently complete in accordance with the Contract
Documents, so the Project is available for beneficial occupancy by CITY. A
Certificate of Occupancy must be issued for Substantial Completion to be
achieved, however, the issuance of a Certificate of Occupancy or the date
thereof is not to be determinative of the achievement or date of Substantial
Completion.
Page 140 City of Miami March 2005
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List of items to be completed or corrected, prepared by CITY and or Program
Manager, is attached hereto. The failure to include any items on such list does not
alter the responsibility of CONTRACTOR to complete all work in accordance with the
Contract Documents. The date of commencement of warranties for items on the
attached list will be the date of final payment unless otherwise agreed in writing.
City and/or Program Manager By Date
1n accordance with Section 2.2 of the Contract, CONTRACTOR will complete or
correct the work on the list of items attached hereto within from
the above Date of Substantial Completion.
CITY and/or Program Manager
By Date
CITY, through the Contract Administrator, accepts the Work or portion thereof
designated by CITY as substantially complete and will assume full possession
thereof at (time) on (date).
City of Miami, Florida
By Contract Administrator Date
The responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the work and insurance shall be as follows:
March 2005 City of Miami Page 141
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Project Manual
00926 FINAL CERTIFICATE OF PAYMENT
PROJECT: CITY AND OR
(name, address) PROGRAM MANAGER:
CONTRACT NUMBER:
TO (CITY): CONTRACTOR:
PROJECT NUMBER:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by Section 5.2 of the Contract, have been
received and accepted. The Work required by the Contract Documents has been
reviewed and the undersigned certifies that the Work, including minor corrective
work, has been completed in accordance with the provision of the Contract
Documents and is accepted under the terms and conditions thereof.
CITY and/or Program Manager By Date
CITY and/or Program Manager By Date CITY, through the Contract Administrator,
accepts the work as fully complete and will assume full possession thereof at
(time) (date).
City of Miami, Florida
Page 142
By Contract Administrator Date
City of Miami March 2005
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Project Manual
00930 FORM OF FINAL RECEIPT
The following form will be used to show receipt of final payment for this Job Order.
FINAL RECEIPT FOR CONTRACT NO.
Received this day of , 20 , from
City of Miami, Florida, the sum of
Dollars ($ ) as full and final payment to CONTRACTOR for
all work and materials for the Project described as:
This sum includes full and final payment for all extra work and material and all
incidentals.
CONTRACTOR hereby indemnifies and releases CITY from all liens and
claims whatsoever arising out of the Contract and Project.
CONTRACTOR hereby certifies that ail persons doing work upon or
furnishing materials or supplies for the Project have been paid in full. In lieu of this
certification regarding payment for work, materials and supplies, CONTRACTOR
may submit a consent of surety to final payment in a form satisfactory to CITY.
CONTRACTOR further certifies that all taxes imposed by Chapter 212,
Florida Statutes (Sales and Use Tax Act), as amended, have been paid and
discharged.
[If incorporated sign below.]
CONTRACTOR
ATTEST:
Name
By
Secretary Title
(CORPORATE SEAL)
[If not incorporated sign below.]
Date:
March 2005 City of Miami Page 143
Project Manual
CONTRACTOR
WITNESSES:
aty of Miami
Name
By
Date:
Page 144 City of Miami March 2005
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01000 ADDENDA AND MODIFICATIONS
All addenda and other modifications made prior to the time and date of bid
opening shall be issued as separate documents identified as changes to the
Contract Documents.
March 2005 City of Miami Page 145
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TABLE OF CONTENTS
FOR THE
JOC SUPPLEMENTAL GENERAL CONDITIONS
ARTICLE 1 THE CONTRACT 133
ARTICLE 2 INTERPRETATIONS OF THE CONTRACT DOCUMENTS 134
ARTICLE 3 CONTRACT PERFORMANCE PERIOD 135
ARTICLE 4 OPTIONS TO EXTEND CONTRACT PERFORMANCE 135
ARTICLE 5 OPTIONS TO RENEW CONTRACT THROUGH MUTUAL
AGREEMENT 136
ARTICLE 6 ECONOMIC PRICE ADJUSTMENT - (APPLICABLE TO THE
OPTION PERIODS ONLY) 137
ARTICLE 7 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION 138
ARTICLE 8 CHARACTER OF THE WORK 138
ARTICLE 9 MEANS AND METHODS OF CONSTRUCTION 138
ARTICLE 10 CONTRACTOR'S STAFF 139
ARTICLE 11 COMPETENCE OF WORKMEN 139
ARTICLE 12 ORDERING WORK 140
ARTICLE 13 CONTRACTORS RESPONSIBILITY TO BECOME FAMILIAR
WITH THE WORK 146
ARTICLE 14 MEASUREMENTS TO BE VERIFIED 146
ARTICLE 15 NOT USED 146
ARTICLE 16 CITY FURNISHED EQUIPMENT/MATERIALS 146
ARTICLE 17 SALVAGE AND SALVAGE DISPOSAL 147
ARTICLE 18 WORK BY OTHERS HIRED OR EMPLOYED BY THE CITY 147
ARTICLE 19 NOT USED 147
ARTICLE 20 REQUESTS FOR INFORMATION OR APPROVAL 147
ARTICLE 21 CONTRACT ADMINISTRATOR 148
ARTICLE 22 THE PROJECT COORDINATOR/PROGRAM MANAGER 148
ARTICLE 23 THE INSPECTOR/ CONSTRUCTION OBSERVER 149
ARTICLE 24 SITE PREPARATION AND CLEANUP 149
ARTICLE 25 ON -SITE STORAGE 150
ARTICLE 26 DISRUPTION OF COMMUNITY ACTIVITIES 150
ARTICLE 27 TRUCKING 150
ARTICLE 28 EXISTING ELEVATORS 150
ARTICLE 29 CONSTRUCTION ELEVATORS, ETC. 151
ARTICLE 30 ACCESS TO BUILDINGS AND SECURITY 151
ARTICLE 31 EQUIPMENT AND FURNITURE 151
March 2005 City of Miami Page 1
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City of Miami
ARTICLE 32 APPLICABLE REGULATIONS 152
ARTICLE 33 ENVIRONMENTAL PROTECTION 153
ARTICLE 34 PROTECTION OF WORK AND PROPERTY 153
ARTICLE 35 FLOOR LOADING 155
ARTICLE 36 PROJECT SITE MAINTENANCE 155
ARTICLE 37 MATERIAL AND EQUIPMENT PROTECTION AND SECURITY
155
ARTICLE 38 EXPLOSIVES AND BLASTING 156
ARTICLE 39 CUTTING AND PATCHING 157
ARTICLE 40 BARRIERS 158
ARTICLE 41 POLLUTION CONTROL 158
ARTICLE 42 TEMPORARY SERVICES AND UTILITIES 158
ARTICLE 43 HOURS OF WORK AND ACCESS 161
ARTICLE 44 ALL LEGAL PROVISIONS DEEMED INCLUDED 161
ARTICLE 45 ANCILLARY PROFESSIONAL SERVICES 161
ARTICLE 46 WORK INVOLVING HAZARDOUS MATERIALS 162
ARTICLE 47 PRE -CONSTRUCTION CONFERENCE 162
ARTICLE 48 JOB MEETINGS 162
ARTICLE 49 ENERGY CONSERVATION 162
ARTICLE 50 INTERGOVERNMENTAL PURCHASING AGREEMENT 163
ARTICLE 51 COMPUTER REQUIREMENTS 163
ARTICLE 52 CIT.Y FURNISHED SOFTWARE 164
ARTICLE 53 COMMUNICATIONS 164
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02000 JOC SUPPLEMENTAL CONDITIONS
ARTICLE 1 THE CONTRACT
1.1. The Contract Documents for the Contract. The Contract represents the entire
integrated agreement between the parties and supersedes all prior
negotiations, representations and agreements, either written or oral including
the bidding documents.
1.2. The Contract Documents shall include:
Horizontal Construction
VOLUME I: Project Manual
VOLUME Ila: Construction Task CatalogTM
VOLUME Illa: Technical Specifications
Vertical Construction
VOLUME I: Project Manual
VOLUME Ila: Construction Task CatalogTM
VOLUME Ilb: Construction Task CatalogTM
VOLUME lila: Technical Specifications
VOLUME Illb: Technical Specifications
VOLUME Ilic: Technical Specifications
1.3. Overview of the Contract
1.3.1. Job Order Contact (JOC) is a competitively bid, firm -fixed -price
indefinite quantity contract. It includes a collection of detailed repair
and construction tasks and specifications that have established unit.
prices. It is placed with a Contractor for the accomplishment o1'
repair, alteration, modernization, maintenance, rehabilitation,
demolition, construction, etc., of buildings, structures, or other real
property. Ordering is accomplished by means of issuance of a Job
Order against the Contract. A Purchase Order issued to the
Contractor for each Job Order.
1.3.2. Under the JOC concept, the Contractor furnishes management,
labor, materials, and equipment required to support individual Job
Orders.
1.3.3. The JOC contract includes a Construction Task CatalogTM (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.
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1.3.4. Bidder will offer four (4) adjustment factors that will be applied
against the prices set forth in the Construction Task CatalogTM (CTC).
The first adjustment factor will be for construction performed during
normal hours. The second adjustment factor will be for construction
performed during other than hours. The third adjustment factor will be
for construction performed during normal hours using Davis Bacon
wages. The fourth adjustment factor will be for construction
performed during other than normal working hours using Davis
Bacon wages. These adjustment factors will be used to price
individual scopes of work by multiplying the adjustment factor by the
unit prices listed in the CTC times the 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.
1.3.5. As Job Order Contract requirements are identified by the CITY, the
Contractor will be issued a Request for Price Proposal and will be
required to develop a detailed price proposal. The Contractor will
submit their price proposal to the CITY. If the Contractor's proposal
is found acceptable, a Job Order may be issued at the agreed upon
units, which when multiplied by the unit price and Contract
adjustment factor, will establish the firm fixed Lump Sum price for the
Job Order.
1.3.6. The JOC concept also includes a provision for the establishment of
prices for work requirements that are within the general scope of
work but were not included in the CTC at the time of Contract award.
These tasks are referred to as "Non Pre -priced Items". Non Pre -
priced (NPP) items may require the establishment of specifications
and drawings and may subsequently be incorporated into the CTC.
ARTICLE 2 INTERPRETATIONS OF THE CONTRACT DOCUMENTS
2.1. Upon its own initiative or the Contractor's written request, the CITY may issue
written interpretation of Drawings (if any) and Specifications necessary for the
proper execution or progress of the Work which interpretations shall be
consistent with and reasonably inferable from the Contract Documents.
2.2. The imperative language of the Contract Documents is directed at the
Contractor unless otherwise stated.
2.3. The organization of the Contract Documents into Construction Specifications
Institute ("CSI") divisions, sections, and articles, and the arrangement of
Drawings if any, shall not restrict the Contractor in dividing the Work among
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Subcontractors or in establishing the extent of Work to be performed by any
trade.
2.4. The JOC Project Manual including the JOC Supplemental Conditions shall
apply to all contracts or subcontracts for the work covered by these
specifications.
2.5. The work under this contract shall include everything described, indicated or
shown in the Contract Documents as defined in Article 1.
2.6. In any action or proceeding to enforce rights under this Agreement, and any
appeals arising there from, the prevailing party shall be entitled to recover
from the other party its reasonable attorneys' fees, costs and expenses.
ARTICLE 3 CONTRACT PERFORMANCE PERIOD
3.1. The Contract performance period is twenty four (24) months from the date of
award of the Contract or the achievement of the Maximum Contract Term
Value for each contact. The CITY shall have the option to extend the term of
each Contract for three (3) additional Contract Terms of twelve (12) months
each. The total Contract Performance period shall not exceed twenty (24)
months each for the initial term and twelve (12) month for any option term.
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 OPTIONS TO EXTEND CONTRACT PERFORMANCE
4.1. CITY may not extend any individual JOC contract term beyond the initial (24)
twenty four month term and the (12) month option terms. Therefore, if during
the any contract term, the Contractor fails to reach the Maximum Contract
Term Value, the Contract will still terminate, unless an option term is
exercised. If there is unused contract value left on an individual Contract term
when it expires, CITY shall carry any unused value over to any additional
Contract terms.
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ARTICLE 5 OPTIONS TO RENEW CONTRACT THROUGH MUTUAL
AGREEMENT
5.1. The Contract contains an Option to Renew, for three (3) additional one (1)
year contract terms. The CITY has the option to renew and must be a mutual
agreement between the Board and Contractor. 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 Renew for an additional Contract term
before the Contract expires.
5.1.2 The option shall be accomplished prior to current expiration date.
Actual extension to contract shall be accomplished by written
notification.
5.1.3 The total duration of this Contract, including the exercising of the
option terms, shall not exceed five (5) years.
5.1.4 The Contractor shall, in writing, indicate its intension to accept the
renewal or decline renewal of the contract.
5.1.5 The Contract renewal(s) shall contain the same provisions as the
original contact, including but not limited to new bonds and
insurance.
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ARTICLE 6 ECONOMIC PRICE ADJUSTMENT - (APPLICABLE TO THE
OPTION PERIODS ONLY)
6.1. This Article provides a means to adjust the Contractor's Adjustment Factors
on an annual basis from the date of the Contract award using actual
escalation/de-escalation as measured by the Construction Cost Index (CCI)
published in the ENR (formally known as Engineering News Record)
calculated for the U.S. Twenty (20) City Index.
6.2. The "original Adjustment Factors" are those Adjustment Factors submitted
with the Contractor's Bid that remain in effect for a one year period beginning
with the date of Contract award. Providing the Contract is still in effect, the
Contractor's Adjustment Factors shall be recalculated at each annual
anniversary date of the Contract award (i.e. in beginning of month 13, 25, 37
and 49 of the Contract).
6.3. CCI indices are published monthly. The "base year" for the purposes of this
provision is the 12-month period prior to the Contract award. The "base year
index" is determined by summing the monthly CCI indices beginning with the
month prior to the Award date for each of the 12 months of the "base year"
and dividing by 12. The result is the average CCI for the "base year."
6.4. The "contract year" is the 12 month period following the initial Contract award.
The "contract year index" is determined by summing the monthly CCI indices
for the initial 12-month contract period and dividing by 12. The result is the
average CCI for the "contract year."
6.5. The Economic Price Adjustment for months 13-24 of the Contract is
determined by dividing the "contract year index" by the "base year index." The
Contractor's Adjustment Factors for months 13-24 of the Contract are
determined by multiplying the Economic Price Adjustment by the "original
Adjustment Factors". The Economic Price Adjustment for months 25-36, 37-
48, and 49-60 will be calculated in an identical manner, sliding the "year
index" and the "contract year index" 12 months forward.
6.6. All the above computations shall be carried to five (5) decimal places and
then rounded to four (4) decimal places. Rounding of numbers shall be
accomplished by increasing the fourth decimal place if the fifth decimal is
equal to five or greater. If the fifth decimal place is equal to four or less, the
fourth decimal shall remain unchanged.
6.7 ENR occasionally revises CCI's. The CCI's used in the calculation described
above shall be those currently published at the times the Economic Price
Adjustment is calculated is performed. No retroactive adjustments will be
made as a result of an ENR revision. Revised CCI's, if any, shall be used in
subsequent calculations.
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ARTICLE 7 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION
7.1. The CITY is not required to furnish drawings or additional specifications for
Job Orders issued under this contract. The CITY may, however, choose to
do so. If CITY provides such drawings and additional specifications the
provision listed below shall apply.
7.2. In case of conflict between requirements, the requirement which meets all the
codes and, which in the opinion of the CITY is more advantageous to the
CITY, shall govem.
ARTICLE 8 CHARACTER OF THE WORK
8.1. The Work to be performed by the Contractor in connection with each Job
Order will be described in the Detailed Scope of Work issued with each
Request for Price Proposal.
8.2. Unless otherwise expressly provided in a Job Order, the Work must be
performed in accordance with the best, modern practice, with materials and
Workmanship of the highest quality, to the satisfaction of the CITY.
8.3. In addition to the standards that are prescribed herein, all Work shall conform
to fire and safety regulations prescribed in the City of Miami Building Code,
and all codes and standards referenced therein, inclusive of the Florida
Building Code, and any drawings or specifications provided.
8.4. Any material or operation required under this contract shall comply, as they
pertain, with the specifications and instructions of a manufacturer, the
established standards of The American Society for Testing Materials (ASTM).
The American institute of Steel Construction (AISC), The American Standards
Association (ASA), The American Welding Society (AWS), or other industry
recognized standards. In the case of conflict between recognized standard
Specifications and those specifications contained in the Contract Documents,
the most stringent shall govern. In case standards for materials and
operations are not listed, the CITY reserves the right to cite those accepted
by the profession involved and require that such standards be adhered to in
the performance of the Work.
ARTICLE 9 MEANS AND METHODS OF CONSTRUCTION
9.1. The Means and Methods of Construction shall be such as the Contractor may
choose; subject, however, to the City's right to reject means and methods
proposed by the Contractor that:
9.1.1. Will constitute or create a hazard to the Work, or to persons or
property; or
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9.1.2. Will not produce finished Work in accordance with the terms of the
Contract; or
9.1.3. Unnecessarily increase the price of the Job Order when alternative
means and methods are available.
9.2. The City's approval of the Contractor's Means and Methods of Construction,
or its failure to exercise its right to reject such means or methods, shall not
relieve the Contractor of its obligation to accomplish the result intended by a
Job Order; nor shall the exercise of such right to reject create a cause of
action for damages.
ARTICLE 10 CONTRACTOR'S STAFF
10.1. General: The Contractor shall, immediately upon receiving a fully executed
copy of this Contract, assign and maintain during the term of this Contract
and any extension of it, an adequate staff of competent personnel who are
fully equipped, licensed as appropriate, qualified and assigned exclusively to
perform the Work The Contractor shall provide the CITY with the
qualifications of the individuals who will serve in those positions listed below.
The minimum experience of each individual below shall be at least five (5)
years.
10.2. At a minimum, the Contractor shall have at all times a Project Manager,
Estimator and Superintendent assigned to this Contract. Additional staff shall
be assigned depending on the volume of Work. The Contractor shall be
responsible for managing, supervising and directing its Subcontractors.
10.3. Should the CITY deem the performance of any employees of the Contractor
unsatisfactory, the Contractor shall terminate the involvement of such
employees in all areas of Contract performance.
ARTICLE 11 COMPETENCE OF WORKMEN
11.1. Every worker on any part of this Contract shall be competent to perform the
task to which he/she is assigned. For both direct and subcontract work
performance, the Contractor shall be responsible for and shall insure that no
critical facility or utility equipment (plant type equipment) construction or repair
work is performed by personnel with an experience level Tess than
journeyperson. However, personnel with lesser experience may serve as a
helper. In all instances, for any work performed under contract, personnel
who have an experience level below joumeyperson 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
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that a journeyperson, foreperson, master, etc., as appropriate, performs or
supervises all required work or services.
11.2. The Contractor shall assure that a joumeyperson, foreperson, master, etc.,
as appropriate, who is capable of directing the Work, performs or supervises
all required Work or services.
11.3. Conditions which require the constant presence of a CITY Inspector to assure
the quality of the work will not be tolerated. Any worker who does not
produce quality workmanship through lack of cooperation or incompetence
shall be promptly removed from the job upon written order by the CITY. The
judge of quality of workmanship shall be solely determined by the CITY.
11.4. On any Federally Funded projects the Davis -Bacon Act standard rules apply
to this contract.
ARTICLE 12 ORDERING WORK
12.1. Initiation of a Job Order
12.1.1. As the need exists for performance by the Contractor under the terms
of this Contract, the CITY will notify the Contractor of a Joint Scope
Meeting.
12,1.2 The City will assign all Contractors work and additional assignments
of work will be based on performance and current workload. The
Contractor will be evaluated on each Job Order. In the event the
Contractor falls below an overall average score of 70% the City will
request that the Contractor to submit a plan to improve his/her
performance.
The Contractor's evaluation will be rated 1 to 5 points with 5 being
the maximum score. 5=Exceeds Expectations, 4=Meets
Expectations, 3=Marginally, 2=Below Expectations, and
1=Unsatisfactory. The evaluation will consist of the following;
Rate the Contractor's Assistance with Scope Definition.
Rate the Contractor's Knowledge of this type of Construction.
Rate the Contractor's Responsiveness in reviewing and finalizing the
detailed scope of work.
Rate the quality of the Contractor's first Proposal.
Rate the quality of the Contractor's subsequent Proposals if
appropriate.
Rate the timeliness of the Proposal Submissions.
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Rate the overall performance of the Contractor during the proposal
development phase
Was the Project started in a timely manner
Was the Project completed in a timely manner
Did the Contractor prepare and complete his own Punch List
Rate the quality of Construction
Rate the performance of the Contractor in managing his Sub
Contractors
Rate the overall Construction Performance of the Contractor
Rate the overall Performance of the Sub -Contractors
Was the Contractor helpful in resolving any additional scope (Unknown
or Unforeseen)
12.2. Upon this notice, the Contractor shall respond to the needs of CITY within
one (1) working day by:
12.2.1. Establishing verbal contact with CITY to further define the scope of
the requirement, and
12.2.2. Visiting the proposed work site in the company of a CITY
representative, and participating in a Joint Scope meeting which will
include discussion and establishment of the following:
project number and title
the detailed scope of the Work
existing site conditions
methods and alternatives for accomplishing the Work
access to the Site and protocol for admission
hours of operation
staging area
requirements for catalog cuts, technical data, Samples and Shop
Drawings
sketches, Drawings, Specifications, and as-builts
Preliminary quantity estimates
the applicable of Wage Decision for Federally Funded projects
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construction duration
liquidated damages
specific quality requirements for equipment and material
the presence of hazardous materials
date on which Job Order Price Proposal is due
12.3. After the Joint Scoping process, the Contractor and the CITY will agree on a
Detailed Scope of Work, together with a tentative schedule, any sketches, -
Drawings and Specifications required to adequately document the Work to be
accomplished. The Detailed Scope of Work, unless modified by both the
Contractor and the CITY, will be the basis on which the Contractor will
develop its Job Order Price Proposal and the CITY will evaluate the Job
Order Price Proposal.
12.4. Upon completion of the joint scope meeting and the Detailed Scope of Work
the CITY will issue a Request For Price Proposal (RFPP) which requires the
Contractor prepare a price proposal for the work under consideration by the
date indicated on the RFPP.
12.5. The Contractor will prepare the Job Order Price Proposal in accordance with
the following:
12.5.1. Pre -priced work requirements. Pre -priced work requirements will
identify the type and number of work units required from the Volume
II Construction Task CatalogrM. The price per unit set forth in the
Construction Task CatalogrM shall serve as the base price for the
purpose of the operation of this provision. The Contractors Job
Order Price Proposal shall include support documentation to indicate
that adequate engineering and planning for the requirement has been
done, and that the work units proposed are reasonable for the tasks
to be performed. Documentation to be submitted with the Job Order
Price Proposal shall include, but not be limited to, drawings,
calculations, catalog cuts, and specifications.
12.5.2. Non Pre -priced Work Requirements: Units of work not included in the
Construction Task CatalogTM but within the general scope and intent
of this Contract may be incorporated into this Contract as needs
arise. Such work requirements shall be incorporated into and made
a part of this Contract for the Job Order to which they pertain, and
may be incorporated into the Construction Task CatalogrM if
determined appropriate by CITY at the base price determined in this
provision. Non Pre -priced work requirements shall be separately
identified and submitted in the Job Order Price Proposal.
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Information submitted in support of non pre -priced work shall include,
but not be limited to, the following:
12.5.2.1. Complete specifications and technical data, including work
unit content, support drawings, work task cost data, quality
control and inspection requirements.
12.5.2.2. Work schedule.
12.5.2.3. Costing data, submitted in 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 data 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 include all costs
required to accomplish the Non Pre -priced Task.
12.5.2.4. The final price submitted for Non Pre -priced Tasks shall be
according to the following formula:
A = Direct Labor Cost (up through the foreman level and
including fringe benefits)
B = Direct Material Costs (supported by quotes)
C = Direct Equipment 'Costs (supported by equipment
amortization data)
D = Subcontractor Costs (supported by quotes)
E = Allowable Over Head Costs = A x 55%
F = Allowable Profit = (A + B + C) x 10%
G = Subcontractor Allowance = D x 10%
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.
*D and G only apply to work self -performed by
Subcontractor's.
12.5.2.5. Following approval by the CITY of a Non Pre -priced Task
and unit price, the Non Pre -priced Task unit price will be
loaded into the computer data base.
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12.5.2.6. The total extended price for the Non Pre -priced Task will
be determined by multiplying the unit price by the quantity
required. The price offered in the Job Order Price
Proposal will be determined by multiplying the total
extended price by an adjustment factor of 1.0000.
12.5.2.7. After using a non pre -priced item on three separate Job
Orders, the CITY reserves the right to include the unit price
for the work item as a pre -priced item into the CTC which
would become a permanent item and no longer require
price justification.
12.5.3. The Contractor's Job Order Price Proposal shall include, at a
minimum:
12.5.3.1. Cost Proposal:
12.5.3.2. Catalog cuts, technical data or samples required
12.5.3.3. List of anticipated Subcontractors including MWBE, Local
and Materialmen
12.5.3.4. Construction schedule;
12.5.3.5. Certificates for any special insurance required;
12.5.3.6. Sample warranties or guarantees for materials, equipment
or systems proposed;
12.5.3.7 Schedule of Values if required.
12.5.3.8 Sketches, calculations and or quantity take -offs if required.
12.5.4. The Contractor's Job Order Price Proposal shall be submitted in
accordance with the date indicated on the RFPP. Unless otherwise
stated on the RFPP, the Price Proposal will be due no longer than
seven (7) working days after the issuance of the RFPP. The CITY
may allow additional time for preparation of the Contractor's Job
Order Price Proposal for complex Job Orders and approvals and
permits, Allowance will be made to provide adequate time for
preparation and submittal of the necessary documents and the Job
Order Price Proposal and so reflected in the Job Order Price
Proposal due date entered on the RFPP. In emergency work
situations and minor maintenance and repair Job Orders requiring
immediate completion, the Contractor's Job Order Price Proposal
may be required quickly and the due date will be so indicated on the
RFPP.
12.6. Review of the Job Order Price Proposal and Issuance of Job Order
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12.6.1. The CITY shall evaluate the entire Job Order Price Proposal and
proposed tasks and compare these with the CITY'S cost estimate of
the Detailed Scope of Work to determine the reasonableness of
approach, including the nature and quantity of tasks proposed.
12.6.2. CITY reserves the right to reject a Contractor Job Order Price
Proposal based on unjustifiable quantities, performance periods,
inadequate documentation, or other inconsistencies on the
Contractor's part, or for any other reason. CITY also reserves the
right to not award an order if City's requirement is no longer valid or
the proposed cost exceeds CITY estimate. In these instances, the
Contractor has no right of claim to recoup Job Order Price Proposal
expenses. The CITY may pursue the performance of such Work by
other means.
12.6.3 By submitting a signed Job Order Price Proposal to the CITY, the
Contractor agrees to accomplish the Work set forth in the Detailed
Scope of Work in accordance with the Request for Proposal at the
price submitted. It is the Contractor's responsibility to include the
necessary tasks and quantities in the Job Order Price Proposal prior
to delivering it to the CITY.
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 and Purchase 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.
12.6.5. In the event that immediate emergency response is necessary the
Contractor shall be required to follow alternative procedures as
established by the CITY. This altemate 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 Price
Proposal, Detailed Scope of Work, or Job Order. The Contractor
shall be compensated in accordance with the CTC and Non Pre -
priced Tasks as if the Work had been ordered under the standard
procedures.
12.6.6. If the City finds inconsistencies with the Contractor's Price Proposal
the CITY may request the Contractor to re -submit its Price Proposal
or cancel the Job Order. If the Contractor consistently submits Price
Proposals which are rejected by the CITY, the CITY may declare the
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Contractor in default and initiate termination of the Contract,
according to Article 15 of the General Conditions.
12.6.7. After the CITY has reviewed the Contractor's Price Proposal and an
agreement has been reached as to the nature of the revisions, if any,
the Contractor is not allowed to make any changes to the revised
Price Proposal other than the changes agreed to.
ARTICLE 13 CONTRACTORS RESPONSIBILITY TO BECOME FAMILIAR
WITH THE WORK
13.1. The Contractor is required to inspect the site of the work of each Job Order
and to examine and become familiar with the Detailed Scope of Work, plans,
specifications and all other contract documents pertaining to the proposed
work. The submission of a Job Order Price Proposal shall be sufficient to
establish the presumption that the Contractor has investigated the site of the
work and is satisfied as to all reasonable conditions to be encountered,
quantity and quality of the work to be performed and materials furnished in
the completion thereof.
13.2. Unless otherwise directed, CITY will furnish subsurface information through
the use of borings. If, in the course of the work, subsurface conditions vary
materially from the record indicated by the borings, the Contractor shall give
immediate notification, in writing, of such variation to the CITY and the
Contract price shall be adjusted by unit. prices established in the bid or
agreement, as appropriate.
13.3. Contractor is required to examine and be familiar with existing contracts and
work being constructed.
ARTICLE 14 MEASUREMENTS TO BE VERIFIED
14.1. Before ordering any material or doing any work, the Contractor shall verify all
measurements at the site of a specific Job Order, and shall be responsible for
the correctness of same. No extra charge or compensation will be allowed on
account of difference between actual dimensions and the measurements
indicated in the RFPP. Any difference, which may be found, shall be
submitted to CITY for consideration before proceeding with the work.
ARTICLE 15 NOT USED
ARTICLE 16 CITY FURNISHED EQUIPMENT/MATERIALS
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16.1. From time to time CITY may elect to supply its own materials and/or
equipment for a specific project. In those cases the Contractor shall provide
transportation of any CITY furnished equipment/materials included on the Job
Order. The Contractor shall be paid for transportation of said materials by
means of the appropriate line items from the CTC included in its Job Order
Price Proposal. The equipment/materials will be transported from CITY
storage area to the work site indicated on the Job Order. The Contractor
assumes the risk and responsibility for the loss or damage to City -furnished
property. The Contractor shall follow the instructions of City's representative
regarding the disposition of all City -furnished property not consumed in
performance of a Job Order.
ARTICLE 17 SALVAGE AND SALVAGE DISPOSAL
17.1. The material and equipment which are removed or disconnected and, in the
opinion of CITY, are of value, but are not specified for reuse, shall remain the
property of CITY. CITY representative shall be informed of the presence of
the property and disposition instructions shall be requested.
17.2. Debris, rubbish, hazardous waste, and non -usable material resulting from the
work under this Contract to which CITY. does not claim a further interest as a
result of the preceding paragraph,shall be disposed of by and at the expense
of the Contractor at a location off CITY property. Hazardous wastes must be
disposed of in accordance with the Resource Conservation and Recovery Act
and state and local regulations. The contract adjustment factor includes the
cost of all clean-up, including final cleanup on each individual Job Order.
ARTICLE 18 WORK BY OTHERS HIRED OR EMPLOYED BY THE CITY
18.1. CITY reserves the right to undertake performance by other Contractors or
CITY forces for the same type or similar work as provided for hereunder, as
CITY deems necessary or desirable, and to do so will not breach or otherwise
violate this Contract. The specific Detailed Scope of Work contracted for
hereunder shall be defined by the individual Job Order issued.
ARTICLE 19 NOT USED
ARTICLE 20 REQUESTS FOR INFORMATION OR APPROVAL
20.1. From time to time as the Work progresses and in the sequence indicated by
the approved Progress Schedule, the Contractor must submit to the CITY a
specific request in writing for each item of information or approval required by
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him. These requests must state the latest date upon which the information or
approval is actually required by the Contractor, and must be submitted
sufficiently in advance thereof to allow the CITY a reasonable time to act
upon such submissions or any necessary re -submissions thereof.
ARTICLE 21 CONTRACT ADMINISTRATOR
21.1. The City will assign a Contract Administrator and to oversee the execution of
the Job Order Contract. The Contract Administrator will manage and
administer the JOC Program on behalf of the CITY and oversee the work of
the Project Coordinators/Program Managers.
21.2. The contractor shall submit all disputes and matters which touch or relate to
the contract, including a claim for breach of contract, to the Contract
Administrator, and his/her/her decision shall be final and binding on the
contractor and shall also be a condition precedent to the right of the
Contractor to receive any monies under the contract (except as otherwise
enumerated in the CITY General Conditions).
ARTICLE 22 THE PROJECT COORDINATOR/PROGRAM MANAGER
22.1. The CITY'S Project Coordinator/Program Manager, in addition to those
matters elsewhere herein delegated to the Project Coordinator/Program
Manager and expressly made subject to his/her determination, direction or
approval, shall have the CITY:
22.1.1. To determine the amount or quantity, quality, and acceptability of the
work and materials and location of the Work to be paid for hereunder;.
22.1.2. To determine all questions in relation to the Work and performance
thereof, to interpret the Detailed Scope of Work, Contract Drawings,
Specifications, and Addenda, and to resolve all patent
inconsistencies or ambiguities therein;
22,2.3. To determine how the Work of this Contract shall be coordinated with
Work of Other Contractors engaged simultaneously on this Project,
including the power to suspend any part of the Work, but not the
whole thereof;
22.1.4. To make changes in the Work as the Project Coordinator/Program
Manager deems necessary, including the necessity for issuing
additional Job Orders, however subject to review and approval by the
Contract Administrator.
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22.1.5. To amplify the Contract Drawings, add explanatory information and
fumish additional Specifications and Drawings, consistent with the
intent of the Detailed Scope of Work.
22.1.6. To suspend the whole or any part of the Work whenever in its
judgment such suspension is required (a) in the interest of the CITY
generally, or (b) to coordinate the Work of the various Contractors
engaged on a specific Project, or (c) to expedite the completion of a
Project even though the completion of a particular Job Order may be
thereby delayed.
22.2. The foregoing enumeration shall not imply any limitation upon the power of
the Project Coordinator/Program Manager, for it is the intent of this Contract
that all of the Work shall generally be subject to its determination, direction or
approval, except where the determination, direction or approval of someone
other than the Project Coordinator/Program Manager is expressly called for
herein.
ARTICLE 23 THE INSPECTOR/ CONSTRUCTION OBSERVER
23.1. The CITY may appoint such person or persons as it may deem necessary to
inspect, at any time or times, the work done under this contract. The
Inspector designated by the CITY shall be the representative of the Project
Coordinator/Program Manager at the Site, and subject to review by the
Project Coordinator/Program Manager, shall have the power, in the first
instance, to inspect, supervise and control the performance of the Work.
23.2. The Inspector/Construction Observer, shall not however, have the power to
issue a Job Order for Extra Work, and the performance of such Work by the
Contractor by direction of the Inspector without thereafter obtaining a Job
Order duly signed and issued in accordance with the established procedures
therefore, shall constitute a waiver of any right to extra compensation
therefore. The Contractor is warned that the Inspector has no power to
change the terms and provisions of this Contract in any respect.
ARTICLE 24 SITE PREPARATION AND CLEANUP
The Contractor shall:
24.1. Coordinate with CITY on a sequence of procedures for gaining access to the
premises, space for storage of materials and equipment, work of materials,
use of approaches, corridors stairways, and similar features of a structure.
This coordination is required prior to commencement of work at a time
directed by CITY.
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24.2. Move the furniture and portable office equipment in the immediate work area
to a designated location prior to start of work, and replace these items to their
original location upon completion of the work. The Contractor will be liable for
damages incurred while moving furniture and equipment, and be responsible
for contacting appropriate agencies for movement of vending machines.
24.3: Perform clean up and site restoration prior to final walk-through inspection.
All projects shall be delivered in a clean, orderly and usable condition.
ARTICLE 25 ON -SITE STORAGE
25.1. If, during the course of the contract, the Contractor finds it necessary to place
temporary storage trailers containing materials and/or equipment on CITY
property, an onsite area will be designated by the CITY. However, the CITY
assumes no responsibility for such stored material, equipment, buildings, or
trailers.
ARTICLE 26 DISRUPTION OF COMMUNITY ACTIVITIES
26.1. The Contractor shall not cause any disruption to on -going community
activities at the work site. Planned activities will be coordinated with CITY
and construction will beaccomplished in accordance with the schedule set
forth in Job Orders issued hereunder. Schedule revisions shall be made
known to CITY on a timely basis. Work operations shall not create a
nuisance to adjacent tenants or the surrounding neighborhood.
ARTICLE 27 TRUCKING
27.1. The Contractor shall require that all trucks entering or leaving the project site
with loose materials be loaded and covered in a manner that will prevent
dropping of materials on streets while in transit. Suitable tarpaulins shall be
placed over the loads for materials subject to blowing.
ARTICLE 28 EXISTING ELEVATORS
28.1. Any temporary use of existing elevators shall be by arrangement with CITY
staff. Such use will be of an intermittent nature. The Contractor shall provide
and maintain suitable and adequate protection covering for the elevator
machinery, the hatchway entrance, and the interior of elevator during the
periods of temporary use. Elevators shall not be loaded in excess of the
rated capacity of the elevator.
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28.2. CITY will bear the cost of electrical current for such temporary existing
elevator usage. On completion of the work, the Contractor shall remove the
protective coverings together with any resultant dirt and debris.
ARTICLE 29 CONSTRUCTION ELEVATORS, ETC.
29.1. The Contractor shall construct elevators, cranes and other rigging, lifts, etc.,
as required for the work.
29.2. All such construction shall be . carried out as required by the local prevailing
Building Codes within the City of . Miami and subject to the approval of the
City.
29.3. The Contractor shall maintain stairways throughout the whole height of the
structures in condition for safe usage by mechanics and others.
ARTICLE 30 ACCESS TO BUILDINGS AND SECURITY
30.1. It shall be the Contractor's responsibility, through CITY and appropriate CITY
staff, to obtain access to buildings and facilities and arrange for the buildings
to be opened and closed. It shall be the Contractor's responsibility to arrange
for adequate security of the work site(s) at the end of each work day and on
weekends.
30.2. It is the responsibility of the Contractor to prohibit the opening of locked areas
by the Contractor's employees to permit the entrance of personal other than
the Contractor's employees engaged in the performance of assigned work in
those areas.
ARTICLE 31 EQUIPMENT AND FURNITURE
31.1. Furniture and portable equipment in the immediate area of work will be
moved by the Contractor and replaced to original position upon completion of
work. If the work required by the Job Order will not allow furniture and
portable office equipment to be replaced to its original positions, CITY will be
notified and new locations will be designated by CITY for replacement of the
furniture and equipment by the Contractor.
31.2. Work of materials and equipment and accomplishment of work shall be made
with a minimum of interference to CITY operations and personnel.
31.3. The work shall, so far as practicable, be done in definite sections or divisions
and confined to limited areas. Work shall be completed in the section before
work in other sections or divisions are started.
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ARTICLE 32 APPLICABLE REGULATIONS
32.1 The site of the Contract work is on CITY property and all rules and regulations
issued covering fire, safety, sanitation, severe weather conditions, conduct of
operations, etc., shall be observed by the Contractor, Contractor's employees,
and subcontractors. The regulations include:
32.1.1. Fire Prevention:
32.1.1.1. Contractor's and' subcontractor's employees shall be
cognizant of, and shall comply with, all requirements for
handling and storing combustible supplies and materials,
daily disposal of combustible waste, trash, etc., in
accordance with National Fire Code and National
Association of Fire Underwriters. The Contractor will
require employees to become familiar with methods of
activating CITY fire alarms and any City of Miami
requirements regarding same.
32.2.1. Safety:
32.2.1.1. All rules of safety that are or may be imposed upon the
Contractor by Federal, State, or local code or regulation
shall be effectively carried out in the performance of the
work set forth herein. Specific attention is called to
adherence to all applicable rules governed by the Florida
Occupational Safety and Health Administration. Contractor
shall take proper safety and health precautions to protect
the work, the Contractor's employees, the public and the
property of others.
32.3.1. Sanitation:
32.3.1.1. The Contractor, shall keep the premises as clean as the
progress of the work will permit (reasonably free of
accumulations of debris), which shall include the controlling
of any noxious weed growth and upon completion, remove
all materials and rubbish from the premises, leaving the
site clean.
32.3.1.2. Surplus materials, waste materials and debris, sweepings,
soot and rubbish shall not be allowed to accumulate and
shall be removed from the site forthwith to authorized
dumping areas as it is generated. No waste materials or
debris shall be tossed or thrown onto adjacent Properties
or adjacent land areas.
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32.3.1.3. The entire Work area shall be cleaned up at the end of
each Work session.
32.3.1.4. The Contractor shall thoroughly clean all equipment and
materials installed by him and deliver over such materials
and equipment undamaged in a bright, clean and new
appearing condition.
32.3.1.5. At completion of the Work, the premises should be left in a
neat, unobstructed condition and everything in perfect
repair and order.
32.3.1.6. Upon completion of the Work, the Contractor shall remove
all equipment, scaffolding, etc., and thoroughly clean the
Work site before submitting the project to the CITY for final
acceptance.
33.4.1. Conduct:
33.4.1.1. Contractor and Contractor's employees shall be subject to
the same general rules of conduct while on CITY property
that apply to a CITY employee. CITY reserves the right to
refuse access to any Contractor's employee if CITY
determines it to be in the best interests of CITY.
ARTICLE 33 ENVIRONMENTAL PROTECTION
33.1. The Contractor shall be responsible to protect the environment of work areas
as affected by this Contract. Contractor shall be responsible for the proper
disposal of all hazardous, solid, liquid, and gaseous contaminants and refuse
in accordance with all federal, state, local codes and regulations.
33.2. All chutes for refuse, and the like shall be covered or of such a design to fully
confine the material to prevent the dissemination of dust.
ARTICLE 34 PROTECTION OF WORK AND PROPERTY
34.1. The Contractor shall continuously maintain adequate protection of all the
Contractor's work from damage, and shall protect City's property from injury
or loss arising in connection with this Contract. The Contractor shall make
good any such damage, injury or foss, except as may be directly due to or
caused by agents or employees of CITY.
34.2. The Contractor shall at all times provide adequate protection and facilities to
safeguard all persons passing on or about the premises in the usual conduct
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of their business, and any special instructions to the Contractor from the CITY
to insure protection, etc. shall be complied with in each and every instance.
34.3. The Contractor shall adequately protect adjacent property as provided by law
and or as directed by the CITY.
34.4. The Contractor shall provide and maintain ail lights, footways, guards, fences,
gates, etc., for the proper protection of the public, and shall comply with all
Municipal rules, regulations, ordinances and laws.
34.5. The. Contractor shall properly and carefully shore up or otherwise support all
live water, sewer and gas pipes, electric wires, conduits, free standing walls,
etc., which may be encountered. He shall immediately notify the CITY of
such and give such CITY permission to protect the same. The Contractor
shall provide sufficient, safe and proper facilities at all times for the inspection
of the work.
34.6. The Contractor shall furnish throughout the entire project, all scaffolding,
ladders, decking or runways as necessary to execute the Work in a safe
manner.
34.7. In an emergency affecting the safety of life, of the work, or of adjoining
property of CITY, the Contractor, without special instructions or authorization
from CITY, is hereby permitted to act in at the Contractor's discretion to
prevent such threatened loss or injury.
34.8. Any compensation claimed by the Contractor on account of emergency work
as set forth in 12.6.5 above shall be determined by agreement of CITY and
the Contractor.
34.9. The Contractor shall carefully protect all trees, shrubs, and hedges, not
specified as being removed, from injury during building work and pay for
damages to same resulting from insufficient or improper protection.
34.10. The Contractor shall send proper notice, make all necessary arrangements
and perform all other services required for the care, protection and
maintenance of all public utilities, including mail boxes, fire plugs, power and
telephone poles and wires, and all other items of this character on or around
the building site.
34.11. Building materials, Contractor's equipment, and other supplies necessary to
the project may be stored on the premises with approval of CITY. This shall
in no manner relieve the Contractor from full responsibility for such materials.
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.
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34.13. In the event of accidental damage to or disruption of any of City's equipment,
utilities, or facilities by the Contractor or any of the subcontractors, or when
life or property are endangered, the Contractor shall immediately take all
necessary steps to replace/repair all pieces/parts of any damaged
equipment/materials, make all necessary repairs and restore all services to
normal. Further, the Contractor shall engage any and all required additional
subcontractors, labor, individuals or other outside services, deemed
necessary by CITY, to operate on a continuous, "around -the -clock" basis until
all restoration is complete. Also, the Contractor shall provide and install all
required materials and equipment.
34.14. All costs involved in making repairs and restoring disrupted services to normal
shall be bome by the Contractor.
34.15. The Contractor and/or his/her subcontractors shall furnish, erect and maintain
such signs as may be required by compliance with local codes and/or safety
regulations for the purposes of controlling traffic and safeguarding life and
property.
34.16. The Contractor shall provide adequate climatic protection for exposed part of
buildings wherever work under this Contract is performed.
ARTICLE 35 FLOOR LOADING
35.1. Care shall be taken that floors are not overloaded at any time.
ARTICLE 36 PROJECT SITE MAINTENANCE
36.1. The Contractor shall store all supplies and equipment on project site(s) so as
to preclude mechanical and climatic damage and maintain project sites in a
neat and orderly manner at all times. Materials to be stored on the site shall
be neatly stacked and protected and kept clear of all passageways. The
Contractor shall coordinate the work in such a manner as to reduce the
disturbances and inconveniences to the tenants to a minimum.
ARTICLE 37 MATERIAL AND EQUIPMENT PROTECTION AND SECURITY
37.1. The Contractor shall cover equipment that is to remain in place within the
area of contract operations and protect it against damage or Toss. 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 is in good operating condition at the time
of removal shall be protected, cleaned and replaced equal to or better than its
conditions prior to its removal. Security for equipment or material that is to be
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reused and is removed for temporary storage at the work site shall be the
sole responsibility of the Contractor. If the Contractor considers the
equipment to be at risk after removal, arrangements should be made for
storage while removed. Transportation to and from the storage site shall be
provided for and at the Contractors risk.
37.2. The CONTRACTOR, its Subcontractors and Materialmen shall be solely
responsible for the proper storage, security and protection of all their tools,
equipment, materials and personal property that they may store or leave on
CITY property. The Contractor's materials shall be stored in an area
approved by the CITY. Receipt of such approval, however, does not relieve
the Contractor of its liability for prevention of any theft, loss or damage that
may occur. The Contractor is responsible for keeping the Work site(s)
secured at all times and is responsible for any damages, vandalism or theft to
the Work or materials on the site at all times prior to final acceptance of the
Work by the CITY. The Contractor agrees not to hold the CITY liable for any
damage thereto or Toss thereof.
ARTICLE 38 EXPLOSIVES AND BLASTING
38.1. Use of explosives will not be permitted without prior written permission from
the CITY and the prior to the contractor obtaining all applicable permits.
38.2. If and when the use of explosives is necessary for the execution of the work,
the CONTRACTOR shall observe the utmost care, performing such work with
experienced men and in accordance with all federal, state, and local
regulations so as not to endanger life or property. In addition to observing all
governmental regulations relating to the transportation, storage, handling and
use of explosives, the CONTRACTOR shall conform to any further
regulations that the CITY may deem necessary in this respect. Signals of
danger shall be given before the firing of any blasts and blasts shall not be
fired until all persons in the vicinity are known to have reached position out of
danger therefrom.
38.3. Quantities and Records: CONTRACTOR shall keep explosives on the site
only in such quantity as may be needed for the work underway and only
during such time as they are being used. He shall notify the Project Manager
in advance of his/her intention to store and use explosives. Explosives shall
be stored in a secure and safe manner in strict conformity with all state and
municipal regulations and all such storage shall be marked clearly, "DANGER
EXPLOSIVES." A daily record shall be kept showing the amounts of
explosives on hand, the quantities received and issued, and the purpose for
which issued.
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38.4. Damage or Injury: All blasting necessary on this contract shall be done with
the express provisions that the Contractor shall be and is hereunder
responsible for any and all damages and claims arising from such blasting or
by accidental explosions and for the defense of all actions arising from such
causes. In case injury occurs to any portion of the work or to the material
surrounding or supporting the same, through blasting, the Contractor, at
his/her own expense, shall remove and replace such injured work and shall
furnish such material and perform such work or repairs or replacements as
the Project Manager may order. Any damage whatever to existing structures
or property due to blasting shall be promptly, completely, a satisfactorily
repaired by the Contractor at his/her own expense.
38.5. Restrictions: Blasting will not be permitted within 25 feet of any structure
unless proper precautions are taken, as approved by the Project Manager, to
insure that the structure and the material surrounding and supporting the
same are not damaged by such blasting.
38.6. Rock encountered within 5 feet of existing pipelines or building shall be
removed without blasting.
38.7. All blasts in open cut shall be well covered and provisions made to protect
pipes, conduits, sewer structures, persons, and properly adjacent to the site
of the work. Blasting shall be done only with such quantities and strength of
explosives and in such manner as will break the rock approximately to the
intended lines and grades and yet will leave the rock not to be excavated in
an unshattered condition. Care shall be taken to avoid excessive cracking of
the rock upon or against which any structure will be built and to prevent injury
to existing pipes or other structures and property above or below ground.
Where rock is to be removed from sheeted excavations, all braces and wales
shall be fastened securely in place to prevent movement during blasting.
Blasting will not be permitted between the hours of 5:00 p.m. and 8:00 a.m.
except with special written permission of the Project Manager. After a blast is
fired, the Contractor shall cause the excavation to be thoroughly scaled and
all loose and shattered rock or other loose material which appears dangerous
to the structure or to the workmen shall be removed and the excavation made
safe before proceeding with the work. The fact that the removal of loose or
shattered rock or other loose material may enlarge the excavation beyond the
required limits shall not operate to relieve the Contractor from the necessity
for making such removal and for backfilling as specified herein.
ARTICLE 39 CUTTING AND PATCHING
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39.1. The CONTRACTOR shall do all cutting, patching and restoration required by
the Work, except as otherwise specified. All restorations shall be to the
satisfaction of the CITY.
ARTICLE 40 BARRIERS
40.1. The CONTRACTOR shall erect temporary barriers and warning signs to alert
and protect the public, CITY tenants and CITY employees from the Work as
deemed necessary and or as directed by the CITY.
ARTICLE 41 POLLUTION CONTROL
41.1. During the course of construction, the CONTRACTOR shall conduct his/her
operations in such a manner as to present or reduce to the minimum any
damage to any stream or lake from pollution by debris, sediment, chemical, or
other foreign material, or from the manipulation of equipment and/or materials
in or near such stream or ditch flowing directly to such stream or lake. Any
water which has been used for wash purposes or other similar operations
which become pollution with sewage, silt, cement, concentrated chlorine, oil,
fuels, lubricants, bitumens, or other impurities shall not be discharged into any
such stream or lake. There will be no open burning of materials.
41.2. Techniques identified in USDA -Soil Conservation Service "Guidelines for
Urban Erosion & Sediment Control" shall be utilized as applicable for erosion
and pollution control.
ARTICLE 42 TEMPORARY SERVICES AND UTILITIES
Unless the Detailed Scope of Work states otherwise:
42.1. Temporary Services and Utilities:
42.1.1. General:
42.1.1.1. The CONTRACTOR shall be responsible for arranging for
and providing all general services and temporary facilities
as specified herein and as required for the proper and
expeditious prosecution of the Work. The CONTRACTOR
shall pay all costs for such general services and temporary
facilities.
42.1.1.2. Temporary connections for all utilities and facilities used by
the CONTRACTOR including installation, maintenance and
removal of such facilities shall be at the CONTRACTOR's
expense.
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42.2. Water:
42.2.1. The CONTRACTOR shall provide temporary water connections as
required for drinking and construction purposes, unless potable water
is available at the Site and it's use by the CONTRACTOR is
approved by the CITY.
42.2.2. The CONTRACTOR shall note that the CITY reserves the right to
regulate the use of water, and may impose restriction on the use in
the event water is being used carelessly by the CONTRACTOR.
42.3. Light and Power:
42.3.1. The CONTRACTOR may utilize power which is available at the job
site. The CONTRACTOR shall provide his/her own portable electric
system or make temporary connections to the existing electrical
system as necessary or make arrangements with the power company
at his/her own expense, to supply his/her construction needs. An
alternate power source shall be provided for temporary heat. The
CITY will not provide electrical power for heating.
42.4. Temporary Heating and Ventilation:
42.4.1. The CONTRACTOR shall provide temporary closures or enclosures
for all exterior door, window, roof or other types of exterior openings
as required to protect his/her completed work, protect material and
equipment being installed, protect the City's facilities, and enable its
workmen to accomplish their work in a satisfactory manner and while
maintaining the approved progress schedule. It shall be the
CONTRACTOR's responsibility to keep water in pipes from freezing
and to maintain temporary heat in areas where Work is being
performed at not less than 50 F. before plastering and painting and
not less than 60 F thereafter. The CONTRACTOR must obtain the
City's approval for the types, sizes, amounts and location of heating
equipment. The equipment must have a seal of approval from the
Underwriters Laboratory or other organization satisfactory to the
CITY.
42.4.2. The CONTRACTOR shall fumish, install, operate and maintain all
required temporary heating equipment, and shall provide and pay all
fuel costs. Oil fired or gas heating units shall be self-contained units
which shall be furnished in sufficient number and adequate capacity
to conform with the requirements for temporary heat stated above.
Each oil -fired or gas -fired unit shall be properly vented as required to
dissipate noxious fumes and prevent discoloration of building
construction. Temporary electrical connection shall be provided by
the CONTRACTOR.
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42.5. Temporary Field Offices:
42.5.1. On some Job Orders the CONTRACTOR may be required provide
his/her own field office and utilities as directed by the CITY in the
Detailed Scope of Work. The cost of the Field Office will be treated
as a Pre -priced item and paid for in the CONTRACTOR's Price
Proposal. All other cost will be paid for by the CONTRACTOR.
Location shall be approved by the CITY.
42.5.2. The CONTRACTOR. shall provide separate telephones in the
temporary offices for its use. The CONTRACTOR shall pay for the
cost of installing such telephones and the cost of all telephone
service. The Contractor must provide a stationary telephone or
cellular phone at the job site for their own needs and for the CITY to
contact them.
42.5.3. The CONTRACTOR shall provide a facsimile machine in the
temporary field offices to expedite written communication between
the parties. The CONTRACTOR shall bear all costs of providing said
equipment.
42.5.4. The facilities mentioned above shall be made available for the use by
the City's designated representative during its site visits.
42.6. Temporary Sanitation Facilities:
42.6.1. CONTRACTOR's personnel will normally not be permitted to use
toilet facilities on project premises subject to regulation and control of
CITY staff. The CONTRACTOR shall provide adequate and suitable
temporary facilities.
42.6.2. The CONTRACTOR shall provide temporary toilets for the use of the
workmen, placed where directed and maintained in a sanitary
condition.
42.6.3. At the completion of the contract the temporary toilets shall be
removed.
42.6.4. Existing on -site toilet facilities may be used to meet the above
requirements subject to the prior approval of the CITY.
42.7. Temporary Fire Protection:
42.7.1. The CONTRACTOR shall take all precautions necessary and
required to prevent fire and comply with the requirements of local
authorities having jurisdiction
42.7.2. Fuel to cutting and heating torches shall be gas only, and shall be
contained in Underwriters' Laboratory approved containers. The
CONTRACTOR shall provide and maintain a 20 pound capacity, dry
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chemical type fire extinguisher in the immediate vicinity of the work
when welding tools or torches of any type are in use.
42.7.3. The CONTRACTOR shall not use volatile liquids for cleaning agents
or as fuels for motorized equipment or tools within building.
42.7.3.1. Tarpaulins shall be securely anchored and flame proofed,
when attached to any wood scaffolding and when used to
enclose any portion of a building above the first floor.
42.7.3.1. Flammable materials shall not be stored, nor debris
allowed to accumulate in or about the site.
ARTICLE 43 HOURS OF WORK AND ACCESS
43.1. The CONTRACTOR shall accomplish the tasks required by the Job Order
issued hereunder during the normal working period of 8:00 A.M. to 5:00 P.M.,
Monday through Friday, excluding holidays. For this purpose defining CITY
holidays, they are as follows: New Years Day, Dr. Martin Luther King Day,
Presidents Day, Columbus Days, Memorial Day, Independence Day, Labor
Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, and
Christmas Day The CONTRACTOR will not normally be permitted to work on
CITY holidays. Work required other than during the aforementioned working
period will be at CITY direction and/or and require CITY approval prior to
commencement of work activities.
43.2. Representatives of the CITY will be available on the job site with keys for
entry between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday
(excluding CITY recognized holidays. The CONTRACTOR is advised not to
perform work in occupied dwellings without the presence of the resident or a
CITY authorized employee.
ARTICLE 44 ALL LEGAL PROVISIONS DEEMED INCLUDED
44.1. It is the intent and understanding of the parties to this Contract that each and
every provision of Law required to be inserted in this Contract shall and is
inserted herein, and if, through mistake or otherwise, any such provision is
not inserted, or is not inserted in correct form, then this Contract shall
forthwith upon the application of either party be amended by such insertion so
as to comply strictly with the Law and without prejudice to the rights of either
party hereunder.
ARTICLE 45 ANCILLARY PROFESSIONAL SERVICES
45.1 The Contractor will be expected to provide sketches, layouts, minor
calculations, shop drawings and specifications and "as built" drawings in
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support of some Job Orders. The cost of these services shall be borne by the
Contractor. Any electronic drawings required will be prepared in AutoCAD
version 14.0 format or a version approved by the CITY.
ARTICLE 46 WORK INVOLVING HAZARDOUS MATERIALS
46.1. Any time the Detailed Scope of Work involves hazardous material, including
but not limited to asbestos, lead paint, PCBs, the CONTRACTOR will be
responsible for retaining a properly licensed engineer or consultant to modify
the general specifications contained herein to a project specific abatement
plan and specification as required by Florida law. The cost for this service will
be included in the Contractors Price Proposal.
46.2. Such abatement plan and specification shall be submitted to the CITY for
review and approval prior to commencement of any work involving hazardous
materials.
ARTICLE 47 PRE -CONSTRUCTION CONFERENCE
47.1. Before the issuance of the first Job Order under this Contract, a Pre -
Construction Conference will be conducted by the CITY to acquaint the
CONTRACTOR with the CITY policies and procedures that are to be
observed during the prosecution of the Work and to develop a mutual
understanding relative to the administration of the Contract. The
CONTRACTOR shall be required to attend.
47.2. At the discretion of the CITY, and on a Job Order by Job Order basis, there
may be a mandatory pre -construction conference at the Project Site to
discuss specific management concerns and requirements regarding the
particular Job Order. The CONTRACTOR shall be required to attend.
ARTICLE 48 JOB MEETINGS
48.1. The CONTRACTOR and/or subcontractors or their qualified representatives
shall attend conferences with City's representatives, at a frequency as
determined by the CITY, for the purpose of coordinating or expediting the
Work in addition meetings required in Article 14.3.
ARTICLE 49 ENERGY CONSERVATION
49.1. CONTRACTOR shall comply with energy conservation plans, and promote
efficient use of all energy. In addition, the CONTRACTOR shall;
49.1.1. Use lights only in areas where work is actually being performed.
Page 162 City of Miami March 2005
City of Miami
Project Manual
49.1.2. Turn off faucets, valves, and equipment after required usage has
been accomplished.
49.1.3. Not use CITY telephones for personal reasons nor make any toll or
long distance calls.
ARTICLE 50 INTERGOVERNMENTAL PURCHASING AGREEMENT
50.1. The CONTRACTOR may be required to work on property . under the
management of the County or other municipalities or entities which the CITY
has an intergovernmental purchasing agreement. Award of a Job Order
Contract does not give the CONTRACTOR any exclusive rights with regard to
location or type of work. Furthermore the agency will be required to pay a
licensing fee for use of the JOC Contract, to the Job Order Contract
Consultant, The Gordian Group, Inc.
ARTICLE 51 COMPUTER REQUIREMENTS
51.1. The CONTRACTOR is to have in operational condition one computer
systems similar as described below. The CONTRACTOR shall have staff
with basic computer and Windows capabilities to operate their equipment.
51.2. The computer systems will minimally consist of:
51.2.1. Latest model/most powerful Pentium processor, minimum of 512 MB
expandable memory, 3-1/2" 1.44 Mb floppy disk drive, DVD RAM
with decoder card, 1 parallel, 2 serial ports, 2 USB ports, 104+
enhanced keyboard, 128 bit 3D/2D minimum 32 MB SDRAM video
accelerator, Microsoft mouse and a 19" minimum SVGA color
monitor. The computer shall be Gateway, Dell, IBM, or approved
equal with an Intel CPU in a tower case.
51.2.2. 80 GB ULTRA ATA Drive w/ULTRA ATA controller.
51.2.3. Premium Multimedia Package.
51.2.4. Fastest available standard data/fax modem (US Robotics 56,000
BPS, Telepath modem or approved equal)
51.2.5. 250 MB IOMEGA ZIP drive w/2 ZIP disks.
51.2.6. 3 COM PCI 10/100 twisted pair Ethernet network card.
51.2.7. Latest model standard office Hewlett Packard laser printer or
approved equal.
51.2.8. Voltage surge protection device.
March 2005 City of Miami Page 163
City of Miami
Project Manual
51.2.9. Latest version of MS DOS, MS Windows, Anti -Virus software by
Symantec, and PC Anywhere for Windows communication software
by Symantec.
51.2.10 Internet connection to gain access to the City's provided internet
based software, PROGEN®.
ARTICLE 52 CITY FURNISHED SOFTWARE
52.1. CITY fumished 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 Internet based software will
contain an electronic version (copy) of the Construction Task CatalogTM
(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.
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:
Ms. Mary H. Conway, PE
Director of Transportation/Capital Improvements
Office of The City Manager
444 S.W. 2nd Avenue 10th Floor
City of Miami 33130
53.2. And any notice to or demand upon the CITY or shall be sufficiently given if so
delivered, or deposited in the United States mail in a sealed, postage -prepaid
envelope, or delivered with charges prepaid to any telegraph or delivery
company for transmission/delivery to said Contract Administrator, at said
address.
53.3. Any such notice shall be deemed to have been given as of the time of actual
delivery; or, in the case of mailing, when the same would have been received
in due course of post; or in the case of telegram or delivery company, at the
time of actual receipt.
Page 164 City of Miami March 2005
City of Miami
Protect Manual
53.4. Notices required to be delivered to the CONTRACTOR shall, unless
otherwise specified in writing, to the CITY, be delivered to the address the
CONTRACTOR provided in the Bid Documents.
March 2005 City of Miami Page 165
Project Manual
City of Miami
This Page Intentionally Left Blank
Page 166 City of Miami March 2005
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
Request for Award of Job Order Contracts (JOC) to seven (7) Contractors for Public Works, City Wide, and
Capital improvements Projects.
Issue:
Shall the City Commission Award Contracts to Contractors for Public Works, Citywide, and Capital
improvement Protects?
Item Summary/Recommendation:
JOC has delivered a fast, cost-effective procurement system that gives each department an option In the
procurement of construction services. In the ilrst 12 months of the JOC program, Job orders were issued on 58
projects totaling $10,523,581.80.
The number of constriictlon'proJeets initiated and euvarded via JOC In orie year.(88), is greaterthan the total
number of construction protects awarded via traditional bidding (53) In the past three years!
The average time from the Joint Scope meeting (Initial meeting of the City and Contractor to discuss scope of
work) to a Notice to Proceed (document directing contractarto commence work) has averaged 28.3 days. With
traditional bidding, the time It has taken to Issue a Notloe to Proceed to a contractor following the executlon'of
the contract books has averaged In excess of 180 days. Thus a timesaving of at leant 154 days on average.
Based on the results of the Citjie JOC program oouipled iMth the high•Volume:of contraction -related ptoJects,
the dty issued three separate bid solicitations In order to increase the pool of responsive and responsible
contractors that would be ready, willing and able to accomplish timely and cost effective construction work.
Based on the anatys1s cf the adjustrtrent factors bid and the volume Of Construction projects the Administration le
recommending the following awards:
Public Works: City Wide: . CEP:•
CW Construction, InC. Alpine Construction, Inc. F.H. Palk:hen SN Nielsen'
H.A. Contracting, Inc.
Carivon Construction, Inc.
F & L Construction, Inc.
Pass International, Inc.
APPROVE THE CONTRACT AWARDS.
Advisory Board Recommendation:
•Flnanclei Information: Funds ere available from the capital Improvements budget acbounts allocated to
City Cepartments andfor Divisions, subject to Office of Management and Budget review. Each contract has a
maximum estimated annual value of $2 Million dollars for the Public Works and City Wide and $5 Million for
CIP pro ects.
City Clerk's Office Legislative Tracking:
Gus Lopez, ext. 6641
AGENDA ITEM Rol •
DATE 5" 24—OLL
148
:C1Ty.L OF'• .MI.A.M!...13
-,A:C.H....
•crTY HAi1700:C`ONVENTION CENTEli DRIVE MIAMI BEACH, FLORIDA 33139 .
• hllplkrilamJbeactdl.wv
COMMISSION MEMORANDUM
TO: Mayor David Dormer and
Members of he City Commissloin
FROM: .Jor$o M: Gon*alas • 1
City Manager
SUBJECT: • REQUEST FOR ROVAL 1O AWARD JOB ORDER ::CONTRACTS TO • THE
FOLLOWING CONTRACTORS PURSUANT TO INVITATION FOR BIDS {"BID") NO.
12-03104 FOR PUBLIC WORKS PROJECTS; BID N0. 13-03104 FOR CITYWIDE
CONSTRUCTION PROJECTS; AND BID NO. ; .1403/04 FOR CAPITAL
•. • .IMPROVEMENT$ PROJECTS: 1) `:ALPINE CONSTRUCTION, INC.; 2) CARIVON
CONSTRUCTION, INC.; 3) CW CONSTRUCTION, INC., 4) F & L CONSTRUCTION,
INC.; B) F.H. PASCHEN SN NIELSEN; 6) 'N.A. CONTRACTING, INC.; 7) 'PASS
INTERNATIONAL, INC. AT AN. ESTIMATED ANNUAL AMOUNT OF $2 MILLION PER
'. CONTRACT FOR PUBLIC WORKS AND CITYWIDE CONSTRUCTION PROJECTS,
AND $5 MILLION PER CONTRACT FOR CAPITAL IMPROVEMENT PROJECTS; AND
FURTHER .AUTHORIZING THE MAYOR • AND CITY CLERK ' TO EXECUTE ALL
CONTRACTUAL AGREEMENTS THERETO.
DATE: May 26, 2004
1: DMINIthttA'TION IRECOMMENDATICN .
Approve 'the •Award of Canttacts and authorize the Mayor and City Clerk to execute all '.
. contractual agreements thereto.
.Funk tNO AND'4MOUNT • •
.
Furida' are available:from the capital improvement' 'budget. accounts allocated .6 'City
•Departments and/or Divislons, subject to Office of Management and Budget review. The
• following are the maximum value of each contract: .
12-03T04 - Pu>�lic Worka....$2 mililan` annually, rriaximurrl value $10 million in five years..
• 13-03104 - City Wide. $2 million annually, maximum' Value $10 million in five years:
14-03/04 - CIP $5 million annually, maximum value $25 million in five years.
• :TERMVI OP.CONTRAC?S
The IrYitlai :term of ''each contract is 12 months and may be renewed for four (4)
:additional one-year periods at the City's sole discretion.. The renewal options may be
• ' exercised when the annual maximum value Is reached ($2. million for Public Works and
Citywide, and $5 million for CIP projects), or when the one-year has expired, whichever
occurs first. For example, should a Public Works contractor reach $2 million in
• construction work within the first six (6) months of their contract, the City at its sole
discretion, may renew the contract, and the contractor will be in year two of their
contract,
149
.. •
•
Coinrnission Memo
Bids No. 12-03/04, 13-03/04, and 14-03/04
'May 26, 2004
*ANALYSIS
-The City fully IMOl :Merited a Job Order Con ec tIforouOh research and pretgraM 'on sentations,
.
The Ctty's JOC program was implemented aft g
that included the following:
• ' .The Mayor and City Commission at Its December 20, 2000' meeting, referred to
the Finance and Citywide Projects Committee for discussion, the JOC program.
• .'The Finarice..and Citywide • Projects' Committee'• et its .February 12, 2001'
meeting, listened to a presentation from the Procurement Director relative to
the JOC system and its benefits, and recommended that the Administration
pursue the .implementation of the JOC program for timely completion of
construction projects.
•
• On • February 21, 2001; Cornrnissloner Sltnon Cruz • provided ' the City
Commission with a verbal report relative to the Finance and Citywide Projects
- • 'Committee's recommendation as stated above.
• ••On .July 18, 2001, the Mayor. and City Coni'rriisslon . adopted Resolution No.
'2001-24524, Which authorized the Issuance of a Request for Proposals (RFP)
for the establishment of JOC program.
.On Apt' 10; 2002, -the Mayor and City CoMthIsston adopted Resolution •No. •
2002-24818, which authorized the administration to enter Into negotiations. with
The Gordian Group.
• • On July 10, 2002, the Mayor and .City Commission adopted Resolution No.
2002-24914, which authorized the :Mayor and City Cleric to execute an
'agreement with The Gordian Group for the establishment of the JOC program.
• •On March 19, 2003, the Mayor and City 'Commission adopted Resolution No:
;2003-251 57, which awarded contracts to •the following contractors: 1) HA
Contracting; 2) F & I Construction; 3) Carivon Construction; 4) TRAN
Construction; 5) Grace & Naeem Uddin, Inc.; and 6) TROPEX Construction.
•
The first year results of the City's JOC prognarn are as follows: •
•
• JOC has delivered a fast, cost-effective procurement system that gives each
department an option. in the procurement of construction services. In the first 12
months of the JOC program, Job orders were Issued on 58 projects totaling
$10,523,581.69.
• The number of construction .projects Initiated and • awarded via JOC in one year
(58), Is greater than the total number of construction projects awarded via
traditional bidding (53) in the past three years!
150 •
Comniiasion Mato
Bids No. 12-03/04, 13-03/04, and 14-03104
May 26, 2004
•
•. • The average time from the Joint Scope meeting (initial meeting Of the City and
Contractor to discuss scope of work) to a Notice to Proceed (document directing
contractor to commence work) has averaged 26.3 days. With traditional bidding,
the time it has taken to Issue a Notice to Proceed to a contractor following the
execution of the contract books has averaged in excess of 180 days. Thus a
• timesaving of at least 154 days on average. •
• There' have been no contractor -initiated change' orders on. any project. Under
JOC the contractor jointly scopes the' work with the City and • any
misunderstanding or confusion Is openly discussed -and resolved. If a question
arises during the proposal development the contractor is free to contact the City's
representative and get the appropriate answers. This non -adversarial relationship
eliminates the underlying cause of most claims and changes.
• There has been no claim Or any litigation relative to any JOC 'project.
. Based on -the results of the City's JOC program coupled with the high volume of
construction -related projects, the city Issued three separate bid solicitations 'in order to
• increase the pool of responsive end responsible contractors that would be ready, willing
and able to accomplish timely and cost effective construction work.
•BID PROCESS
• A mandatory pre..bid conference was held on April 8, 2004.. -The pre -hid conference'
was held for the purpose of discussing the JOC concept and the contract documents,
the City's construction program, and bid considerations. Bidders had to be represented
..by a person that would be directly involved in preparing the JOC bid and responsible for
executing the construction work. A total of 21 bidders attended the pre-bld conference.
Prospective bidders were required to submit .a "bid.' on all •work contained. in the unit
price book by quoting a single adjustment factor that would be applied for work
-.accomplished during normal working hours and a single adJustment factor for work to be
accomplished during other than normal working hours. These two adjustment factors
represent the contractor's only adjustment to the prices published in the unit price book
and must Include all indirect cost such as overhead, profit, bonds, insurance, design
and contingency costs.
For example, an adjustment factor Of 15%would be bid as 1.15. During the execution of
.the contract the unit price of a specific construction task is multiplied by the appropriate
adJustment factor to obtain the final price to be paid for a specific construction task. JOC
.represents a competitively bid, firm fixed price contract since all the prices and the
adjustment factors are established before the contract is awarded.
All interested bidders were provided a copy of the Project Manual and provided with a •
Compact Disk containing the following:
+ The Unit Price .Book containing over 140,000 'construction tasks. Each task
contains a task description, unit of measurement, and a unite price. Each Unit
151
Commission Memo
Bids No. 12-03/04, 13-03/04, and 14-03/04
May 26, 2004
price contains locally developed direct'costs for -Material, equipment, and labor.
The construction tasks encompass all aspects of construction work. .
A set of detailed technical specifications for each of the 140,000 constnaction
tasks, The specification set incorporates the City's own specifications..
• • The legal tarns and conditions that contain the specific contrail language
concerning .the execution of the contract, which Is standard with all our
Construction contract awards.
• ..P!D RESULTS/DETERMINATION OF AWARD
.On April 20, 2004, the City received five (5) bids for the Public Works Contract (#12-
03104). And on April 21 2004, the City received six (6) bids for City Wide Contract (#13-
03/04), and on April 22, 2004, the City received seven (7) bids for the CIP JOC Contract
(#14-03/04). The tabulated results are attached.
Th'e recommended contractors were selected based on the fOiloWing evaluation criteria
which was Incorporated into all three Invitation for bids:
a. Factor Weights for Determining the Low Bid Only:
-Type of Work Non Davis Bacon — 90% •
-Type of Work Davis Bacon — 10%
Normal Working Hours — 90%
• -Other Than Normal Hours — 10%
-Architectural and Engineering Services— 30%
• b.' The ability, capacity and skill of the bidder to perfOnr the contract..
c. Whether the. bidder performed satisfactory an contracts within .the time specified,
without delay or interference.
d. The character, integrity, reputation, Judgment, experience and efficiency of the
bidder.
e. The quality of performance of prevlous contracts. •
f. The previous and existing compllance • by the bidder with laws and ordinances
relating to the contract.
g. The- Management Plan' submitted and 'experience of the contractor as listed In
the questionnaire.
Included within the Project Manual was .the City's position in awarding projects under
this contract. All contractors were instructed that it was the City's intention to award at
least one (1) Job Order Contract for each contract number on the basis of the lowest
• and best bid. However, the City of Miami Beach reserves the right to award multiple
contracts, if determined to be in the City's best interest. The City will award only one
JOC contract to a single Contractor under this advertisement (i.e., no Contractor will be
awarded more than one (1) JOC contract).
]52
Commission Menlo
Bids No. 12-03/04,13-03/04, and 14-03/04
May 26, 2004
In determining a bidder's responsibility and ability to. perform the contract, the City
investigated and requested information concerning the financial condition, experience
record, personnel, equipment, facilities, principal business location and organization of
the bidder, the bidder's record with environmental regulations, and the claims/litigation
• history of the bidder.
•
The following are references secured by the ,procurement staff in references to past
project experience:
alpine Construction, Inc.
Daniel Perez
:Perez and Perez Architects
61 have personally known Mr. Alfred Cuero' for over 20 yea'r's, -and during this Vine 1 have
known him to be a dedicated construction professional always striving for excellence In
his field. Without reservation 1 recommend him and his company."
Joe Herrera
SMG/Miaml Beach Convention Center
"Very reliable contractor, friendly and on -time."
Carivon Construction, Inc.
Roy Martinez
Miami international Airport
' 'Carivon construction has provided construction-se►vices for Miami 1nfeirtatlonel Airport
for the last 2 years. Value and quality are of the up most importance to Carivon
Construction. They are a great asset for any organization that may need their services'
SteVe Clark
SMG/Miami Beach Convention Center •
• Carivon is a great contractor, reliable and always ready'to provide the services needed
on time and budget."
CW Construction. inc.
John Harrison
Harrison Construction Company
"Contractor is very conscientious, high integrity. Would be happy to work with CW
•again. t=xcellentperformance."
Buddy Meazaros
Miami -Dade College
`Very good service and wotkrnenshlp. Responds well to owners requests and demands.
Would not hesitate to use them again."
153
Commission Metro
Bids No. 12-03/04, 13-03/04, and 1403/04
May 26, 2004 .
F & L Construction. Inc.
Nury Menicuccl
,City of Miami Beach/CIP .
"FAL has a pro -active approach in management and .takes :pride in their work
(performing good quality work)."
Bruce Latnberto
City of Miami Beach/Property Management :
& L has been very responsive to the four protects filet 1 requested they quote on for
us. The Immediately came out.and met with me to go over proposed work and they did
provide timely estimates when we needed !t."
.f..H. Paschen SN Nielsen •
• Eric Mitohelr
San Diego Department of General Services
"F.H. Paschen has provided excellent work products on over 6 Million dollei's of new
and old construction projects."
. Jack Ferman •
' Metropolitan Water Reclamation District •
"F.H. Paschen has worked on the District's JOC pragma►n for several years. Their prices
• are competitive and their work Is done well."
H.A. Contracting,' tic.
H.A. Contracting; Inc. is an existing JOC contractor With the City. The. Procurement Staff
• . has contacted CIP, Public Works, Property Management and the Convention Center for
references. All departments have commented that H.A. Contracting is a good
contractor that' has performed well under the existing JOC contract for the City.
Peas International. Inc.
Roberto Smith
Koger Equities
"Pass International has been our preferred general contractor for over 1 years and will
continue to do work for us. Their professionalism and dedication to the Job at hand is
unsurpassed. I wholeheartedly endorse Pass International as a qualify general
contractor."
•
Ronald Langlois
. Franklin Templeton Companies. LLC
"1 have used Pass Construction Ibr over nine years and I am very pleased with the
.quality of their work. Pass construction has gone out of their wayto provide the lowest
cost to us without sacrificing quality. They have worked closely with our architect over
the .past nine years and have identified a number of design problems that would have
delayed the project. I have been impressed with the honesty of their ownership. It is
• nice to do business with an organization that you can trust."
154
Commission Memo
Bids No. 12-03/04, 13-03/04, and 14-03/04
May 26, 2004
..Scope of Work: • '
Individual Job Orders issued will determine the. scope of work under for each project.
Upon receipt of a notice to proceed, the contractors will furnish ail architectural and
engineering services (less than $25K) to support individual job orders, shop drawings,
samples, management, documentation, materials, supplies, parts (to Included system
Components), transportation, plant, supervision; labor and equipment needed to perform
the work at designated City properties.
The contracts' will include but not be !hilted to .the following construction repair,
renovation, or new construction projects: Public Works, Capital Improvements Projects,
Facilities and Parks, Parking, the Miami Beach Convention Center, and the Jackie
Gleason Theater of the Performing Arts.
The Public Works Department and the Capital Improvements Prograrn (CIP) office Will
administer the contracts.
Evaluation:
The contractor will be evaluated on each Job Order. Results of the .evaluation will
Impact the issuance of future job orders.
Contract Price: .
The contract price is to include the fumishing of all labor, materials, equipment including
tools, services, obtaining permits, applicable 'taxes, overhead, architectural end
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 untt,price shall be treated
as a non pre -priced item.
Each 'contract will have an initial tent of 12 months. Each contract will include an option
:for four (4) additional one-year renewals. Renewals shall be subject to prior approval of
the City Manager. The Contract duration shall not exceed five (5) years. An option term
may be exercised when the maximum value of $2 million' on the Public Works and
Citywide contracts, and $5 million on the CIP contracts is achieved or the expiration of
the 12 month term, whichever Is first.
Based on the analysis of the adjustment factors bid' and the valu'me of construction
projects the Administratlon is recommending the following awards:
Public Works: • City Wide:
CW Construction, Inc. 'Alpine Construction, Inc.
155
H.A, Contracting, Inc.
Carivon Construction, Inc.
F & L Construction, Inc.
Pass International, Inc.
F.H. Paschen SN Nielsen
Commission Memo
Aids No. 12-03/04, 13-03/04, and 14-03/04
May 26, 2004
• i
-CONCLUSION
•
In summary, the JOC system will enable the City to achieve its printery objective of
'being able to "more rapidly engage contractors" while lowering costs and strengthening
Internal controls. JOC does not replace any of the existing contracting systems Including
• program management services. JOC is just an efficient and effective tool for the City to
use In accomplishing Its facilities maintenance and construction program. JOC has
.proven to be a system, that can offer immediate as well as long-term benefits.
The Administration reconm'ends that the'Mayor and 'City Commisslon award. contracts
to the following contractors pursuant to Invitation for Bldg No. 12-03/04, 13-03/04, and '
14-03/04: 1) Alpine Construction, Inc.; 2) Carivon Construction, Inc.; 3) CW
Construction, Inc.; 4) F & L Construction, Inc.; 5). F .H. Paschen SN Nielsen; 6) H.A.
Contracting, Inc.; 7) Pass Intemational, Inc., for capital irnprovements projects, public
works projects,. and other citywide projects whereby funds have been appropriated by
. the City Commission; and. further authorizing the Mayor and City Clerk to execute all
contractual agreements thereto.
JMG:RCM:FB:TM:GL
T:1AGENDA120041Mny26041RegularUCCCamrnisalonMerno.doe
156
Commission Memo
Bids No. 12-03/04, I3-03/04, and 14 03/04,-
May 26, 2004
0
a
•
T
'
C.11Y OF MIAMI BEACH FORMA
r r i
ter.
I
am^ 1d Results
r i i
-�► •Job Order Cantract
#12-03/04 Public Works Deparbnent-
I
:, • Operri o Dais: Apra 20 200 *AL
_3:00
t
tier 1
lass
Lim 6 L6r 7
Lim 6
tiers 11
Ur* f3
tins 15
Llr 17
G6oc20K,n4
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RlacaaclW
(.1047 472)
G104.20•.7V0
C104_204101
034.14e44114ti.r+r.n
0.5040
1:12112 -
21200
01610
QO®
=MO
0.0160
LASSO •
atsSa JM
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,Awtl
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Man* ulna 121
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1.
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aim
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126110
171
1.1172
1.1171
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t - 5
Cor1an Cer21 2121
1.1476
L7616..
1161d
1.11310` 1.1260
120101 1.21551
1.7660
1.1562
1.1530
4
F.11 Peahen. OSO:sitsrn
1.1712
1.2172
s.12121 1273*
LIMO 1.3221
12221
1.1997
1.1101
5
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L1100
. 1.2100
12100
1111211 12724
• 12100 1.7600
1.32001. 1.2452
1.2448
* These contractors have been awarded a contract under Bid 14-03/04-CIP
**These contractors have been awarded a contract under Bid 13-03/04-City Wide.
th
06
CornmiSsionMitna . : . •
Bids No. 12-03/04, 13-03/04, and 14-03/04.
May 26, 2004-
---crl
1 ________I 1
CITY OF MIAMI BEACH, FORIDA .
.
1 L _ I 1 1
. Bid Results &Armory
.
- 1 1 1 1
-mow
Contract #13-03104 City Wide
Job Order
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-1
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. 21 2004 31)0 pra.
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These contractors have been awarded a contract under Bid 14-03/04-CIP
** This contractor has been awarded a contract under Bid 12-03/04-Public Work.s
Commission Memo .
Bids No. 12-03/04, 13-03/04, and 14-03/04
May 26, 2004
#*
-"'" Job Order Contract #14.03104 Capital Improvement Projects
m O120) c.nyro o °aeo a a¢+° ° °1aa °,area t+ 1 •C B•
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------�
Bid • nay - 2004 ago •
MENOMONIE
CITY OF MIAMI BEACH FORIDA-
MiNiMEN
Bid Results 5
* These contractors have been awarded a contract under Bid 13-03/04-City Wide
** This contractor has been awarded a contract under Bid 12-03/04-Public Works
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
hllpMcl.mlaml.beach.lI.u:
011111110
PROCUREMENT DIVISION Telephone (305) 573.1490
Facsimile (306} 673.7881
INVITATION TO BID
ADDENDUM NO. 1
March 31, 2004
JOB ORDER CONTRACT: ITB 12=03/04 PUBLIC WORKS DEPARTMENT;JOB ORDER
CONTRACT: ITB 13-03/04 CITY WIDE; JOB ORDER CONTRACT: ITB 14-03/04
CAPITAL IMPROVEMENTS PROJECTS is amended as follows:
T. The Mandatory Pre -Bid Conference that was advertised in Volume 1 -Project Manual of the
CD has been amended as follows:
' A Mandatory Pre -Bid Conference has been scheduled for 9:30 A.M., April 8th,2004, at the
City of Miami Beach Convention Center, 4th Floor Executive Offices Conference Room
located at, 1900 Convention Center Drive, Miami Beach, FL 33139. Intending Bidders must
attend the Mandatory Pre -Bid Conference. The Mandatory Pre -Bid Conference is held for the
purpose of discussing the JOC concept and the Contract Documents, the City's construction
program, and bid considerations. Bidders must be represented by a person that will be directly
involved preparing the JOC bid and responsible for executing the construction work. Any
Bidder submitting a bid and who was not represented and signed in at the Mandatory Pre -Bid
Conference may be deemed non -responsive.
Bidders are renuired to -acknowledge receipt. of this. Addendum or the bid may
be considered non -responsive.
CITY OF MIAMI BEACH
Gnus Lopez, CPPO
Procurement Director
nn
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:11cl.mlaml.h each.4l.vs
"einiseme, ,
PROCUREMENT DIVISION Telephone (305) 673.7490
Facsimile (300) 1173.7851
INVITATION TO BID
ADDENDUM NO. 2
April 12, 2004
JOB ORDER CONTRACT: ITB 12-03/04 PUBLIC WORKS DEPARTMEN1 JOB ORDER
CONTRACT: ITB 13-03/04 CITY WIDE; JOB ORDER CONTRACT: ITB 14.03/04
CAPITAL IMPROVEMENTS PROJECTS is amended as follows:
I, Clarifications:
1. A bid guaranty is REQUIRED to be submitted with your bid response, and the amounts are
as follows:
ITB 12-03/04 Public Works Department $25,000
ITB 13-03/04 - City Wide = $25,000
ITB 14-03/04 - Capital Improvement Projects - $50,000
2. Correct lire 4, of Bid Form 2, to read as follows:
- 4. Multiply Line 3 by .2160 (.90 x.80 x.30)
Attached are amended Bid Form 2, for all three projects, discard originals in the
Project Manual and replace with attached amended pages.
3. Deadline for receipt of questions for all three projects have been changed to 5:OOPM
on Thursday, April 15, 2004.
Bidders .are required to acknowledge receipt of this Addendum or the bid may
'be considered non -responsive.
CITY OF MIAMI BEACH
Gus Lopez, CI'PO
Procurement Director
rm
BID FORM 2
COMBINED ADJUSTMENT FACTOR WORKSIHEET
FOR CONTRACT NUMBER ITB 12-03/04 CITYWIDE
For the purposes of determining the low bid the Contractor shall complete the
following worksheet.
(Specify to four (4) decimal places).
1. Normal Working Hours Construction Adjustment Factor
2. Multiply Line 1 by .5040 (.90 x.80 x.70)
3. Normal Working Hours•Construction Adjustment Factor with
Architectural and Engineering Services
4. Multiply Line 3 by .2160 (.90 x.80 x.30)
5. Other Than Normal Working Hours Construction Adjustment Factor
6. Multiply Line 5 by .1260 (.90 x.20 x.70).
7. Other Than Normal Working Hours Construction Adjustment Factor
with Architectural and Engineering Services
8. Multiply line 7 by .0540 (.90 x.20 x.30)
9.. Normal Working Hours Construction using Davis Bacon Wages
10 . Multiply Line 9 by .0560 (10 x .80 x.70)
11. Normal Working Hours Construction using Davis Bacon Wages with
Architectural and Engineering Services
12 Multiply Line 11 by .0240 (.10 x .80 x.30)
13 Other Than Normal Working Hours Construction using Davis Bacon
14. Multiply line 13 by .0140 (.10 x .20 x.70)
15 Other Than Normal Working Hours Construction using Davis Bacon with
Architectural and Engineering Services
16. Multiply line 15 by .0060 (.10 x .20 x.30)
17. Add lines 2+4+6+8+10+12+14+16 .
(Combined Adjustment Factor)
BID FORM 2'•
• COMBINED ADJUSTMENT FACTORWORKSHEET
FOR CONTRACT NUMBER ITB 13.03104 PUBLIC WORKS DEPARTMENT
For the purposes of determining the low bid the Contractor shall complete the
following worksheet.
(Specify to four (4) decimal places).
1. Normal Working Hours Construction Adjustment Factor
2. Multiply Line 1 by .5040 (.90 x.80 x.70)
3. Normal Working Hours ConstructionAdjustment Factor with
Architectural and Engineering Services
4. Multiply Line 3 by .2160 (.90 x.80 x,30)
5. Other Than Normal Working Hours Construction Adjustment Factor
6. Multiply Line 5 by .1260 (.90 x.20 x.70). •
7. Other Than Normal Working Hours Construction Adjustment Factor
with Architectural and Engineering Services
8. Multiply line 7 by .0540 (.90 x.20 x.30)
9. Normal Working Hours Construction using Davis Bacon Wages...,
10 Multiply Line 9 by .0560 (.10 x .80 x.70)
11. Normal Working Hours Construction using Davis Bacon' Wages with
Architectural and Engineering Services
12 Multiply Line 11 by .0240 (.10 x .80 x.30)
13 Other Than Normal Working Hours'Construction using Davis Bacon
14. Multiply line 13 by .0140 (.10 x .20 x.70)
15 Other Than Normal Working Hours Construction using Davis Bacon with
Architectural and Engineering Services _
16. Multiply line 15 by .0060 (.10 x .20 x.30)
17. Add lines 2+4+6+8+10+12+14+16
(Combined Adjustment Factor)
'Bib FORM 2
COMBINED ADJUSTMENT FACTOR WORKSHEET
FOR CONTRACT NUMBER ITB 14.03/04 CAPITAL IMPROVEMENT .
• PROJECTS
Far the purposes of determining the !ow bid 'the Contractor shall complete the
following worksheet,
(Specify to four (4) decimal places).
1. Normal Working Hours Construction Adjustment Factor
2. Multiply Line.1 by .5040 (.90 x.80 x.70) ___
3. Normal Working Hours Construction Adjustment Factor with
Architectural and Engineering Services •
4. Multiply Line 3 by '.2160 (.90 x.80 x.30)
5. Other Than Norm& Working Hours Construction Adjustment Factor....
6. Multiply Line 5 by .1260 (.90 x.20 x:70).
7. Other Than Normal Working Hours Construction Adjustment Factor
with Architectural and Engineering Services
8. Multiply line 7 by .0540 (.90 x.20.x.30)
9. Normal Working Hours Construction using Davis Bacon Wages
10 Multiply Line 9 by .0560'(.10 x .80 x.70)
11. Normal Working Hours Construction using Davis Bacon Wages with
Architectural and Engineering Services .... _
12 Multiply Line 11 by .0240 (.10 x .80 x.30) '
13 Other Than Normal Working Hours'Constructlon using DavisBacon
14. Multiply line 13 by .0140 (.10 x .20 x.70)' '
15 Other Than Normal Working Hours'Constructlon'using Davis Bacon with
Architectural and Engineering Services
.16. Multiply Tine 15 by .0060 (.10 x .20 x.30)
17. Add lines 2+4+6+6+10+12+14+16
(Combined Adjustment Factor)
CITY OF MIAMI B"EACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 • f
' htlp:llc1. rniaml-beachJI.uc
imenendaaa,
• 'PROCUREMENT DIVISION • Talephon, (305) 673.7490
Facsimile (305) 673-7851
INVITATION TO BID
ADDENDUM NO. 3
April 19, 2004
JOB ORDER CONTRACT: ITB 12-03/04 PUBLIC WORKS DEPARTMENT; JOB ORDER
CONTRACT: ITB 13-03/04 CITY WIDE; JOB ORDER CONTRACT: ITB 14-03/04 CAPITAL
IMPROVEMENTS PROJECTS is amended as follows:
I. Questions and Answers :
Q: On the bid questionnaire it asks, how many years the organization has been in business while
possessing one of the licenses (General Contractor). Qur company has been operating since
1997 doing business as General Contractors but our current license is dated from 2000 (with a
. different qualifier). Do we meet the minimum requirement as stated in the bid documents which
read?
"Only .General Contractors with a minimum of five (5) years of General Contracting
construction experience are eligible to submit bids":
A: As long as your company has been In business and licensed as a General Contractor for
five (5) years, your company meets the above stated minimum requirements.
The invitation to bid, for the mentioned projects, states that the bidder must hold a Florida
Certified General Contractor's License. lithe work being performed in ITB I2-03/04 is primarily
for site/civil/utility type projects, why is it necessary for the bidder to hold a valid Florida Certified
General Contractor's License? Will a contractor holding an engineering license be allowed to bid
on the project?
A: A Florida Certified General Contractor's License is necessary because of the complexity
and diversity of the projects that will be performed under this contract. A contractor
holding an engineering license will not be allowed to perform under this contract; only
contractors who have a State of Florida Certified General Contractor's License willbe
allowed to perform under this contract.
•
Page 2
. Addendum 3
•.
:IL The attached page 136 of the Project Manual has been anierided, please diScird original page
in the Project Manual and replace with attached page.
• Bidders are required to acknoWle&e receipt of thisAddendum or the bid mai'
be considered non-reponsive.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
• Procurement Director
rm