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Miami beach project manual
PROJECT MANUAL ARTICLE 6 ECONOMIC PRICE ADJUSTMENT- '(APPLICABLE TO THE •OPTION PERIODS ONLY) 6.1. This Article provides a means to adjust the Contractor's Adjustment Factors on an annual basis by mutual agreernent of the contracting parties from the date of the Contract award. The actual negotiated escalation/de-escalation will not exceed as measured by the Construction Cost Index (CCI) published In the ENR (formally known as Engineering .News Record) calculated for the U.S. Twenty (20) City Index. • 6.2. , The "original Adjustment Factors" are those Adjustment Factors submitted with the Contractor's Bid that remain in effect for a one year period beginning with the date of Contract award. Providing the Contract is still in effect, the Contractor's Adjustment Factors shall be negotiated at each annual anniversary date of the Contract award (i.e. in beginning of month 13, 25, 37 arid 49 of the Contract). cer14014444444anged, ARTICLE 7 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION 7.1. The CITY is not required to furnish drawings or additional specifications for Job Orders Issued under this contract. The CITY may, however, choose to Page 136 City of Miami Beach Copyrgnt02OO4 The Gadiin Grow March 2004 :THE GORDIAN ORDUP® 4 • • • • • • • • • • •:Project II�IahuaI 'INVITATION TO BID TABLE OF CONTENTS 1 00200 DEFINITIONS 6 00300 INSTRUCTIONS TO BIDDERS ,-.,,,14 1.. General: 14 2. Examination of Contract Documents: 14 3. Submission of a Bid* 14 4. Scope of Work. 14 5. Job Order Contract Overview: 15 6. Contract Documents. 16 7. Location of Work: 17 8. _ Abbreviations and Symbols: 17 .9. Pre-Bld Interpretations: :..18 10. Submitting Bids: .18 11. Printed Form of Bid: 18 12. Bid Guaranty: 18 13. Acceptance or Rejection of Bids• 19 14. Determination of Award: , 19 15. Evaluation: 20 16. Contract Price:... 20 17. Postponement of Date for Presenting end Opening of Bids: 20 18. Qualifications of Bidders: 20 19. Addenda and Modifications: . 20 20. 'Prevailing Wage Rates: 21 00400' BID/TENDER FORM 22 00405 CITY OF MIAMI BEACH LICENSES' PERMITS AND FEES 25 00407 FORM OF BID 26 00500 SUPPLEMENT TO BID/TENDER FORM - QUESTIONNAIRE 41 00520 SUPPLEMENT TO BID/TENDER FORM - NON -COLLUSION • CERTIFICATE 47 • 00530 SUPPLEMENT TO BID/TENDER FORM - DRUG FREE WORKPLACE CERTIFICATION 48 00540 SUPPLEMENT TO BID/TENDER FORM -TRENCH SAFETY ACT 50 ' 00500 • RECYCLED CONTENT INFORMATION 51 • 00600 ' CONTRACT • • 52 00708 FORM CERTIFICATE OF INSURANCE ....64 00710 FORM OF PERFORMANCE BOND 65 00720 FORM OF PAYMENT BOND .,..68 • 00721 . CERTIFICATE AS TO CORPORATE PRINCIPAL ....70 March 2004 City of Miami Beach W PYd2M 0 2004 The Gordian (;roue Page I .project Manual . 00735. PERFORMANCE AND PAYMENT GUARANTY FORM 71 • 00800 GENERAL CONDITIONS 73 1. Project Manual* 73 2. Intention of City: 74 3. Preliminary Matters' 74 4. • Performance Bond and Payment Bond: 74 5. Qualification of Surety' 75 6. Indemnification' 76 7. Insurance Requirements' 77 8. Labor and Materials: 79 9. Royalties and Patents- 80 10. Weather: 80 11. Permits, Licenses and Impact Fees. 80 12. Resolution of Disputes: 81 13. Inspection of Work: 82 14. . Superintendence and Supervision: 83 • 15. CITY's Right to Terminate Contract: • 84 • 16. CONTRACTOR'S Right to Stop Work or Terminate Contract: .. 813 17. Assignment' 85 18. Rights of Various Interests' 86 19. Differing Site Conditions: 85 20. Plans and Working Drawings: 87 21. CONTRACTOR to Check Pians, Specifications and Data: 813 22. CONTRACTOR's Responsibility for Damages and Accidents:813 23. Warranty: 813 24. Supplementary Drawings- 89 25. Defective Work: 89 26. 'Taxes. 90 27. Subcontracts. 90 28.• Separate Contracts: 94 29. Use of Completed Portions' 94 •30. Lands for Work: 95 31. Legal Restrictions and Traffic Provisions. 966 32. Location and Damage to Existing Facilities, Equipment or Utilities„ • 96 33. Value Engineering: 9.7 34. Continuing the Work: . 97 35. Changes in the Work or Terms of Contract Documents: 97 '36. Field Orders and Supplemental Instructions: 98 37. Change Orders: 98 38. Value of Change Order Work: . 99 39. Notification and Claim for Change of Contract Time' 99 • Page li City of Miami Beach March 2004 Copyright 0 20 4 The Ga do Group Project Manual 40. No Damages for Delay: .100 42. Substantial Completion: ,..102 43, No Interest' .103 43. Shop Drawings and Samples: .103 45. Field Layout of the Work and Record Drawings' .104 46. As -Built Drawings: .105 47. Safety. and Protection: .106 48. Payment by CITY for Tests: ...107 49. Project Sign' 107 50. Hurricane Precautions' .107 51. Cleaning Up; CITY'S Right to Clean Up: .107 52. Removal of Equipment: .108 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act' .108 54. Project Records' .109 55. . Occupational Health and Safety: ..109 56. Environmental Regulations: - ..111 '00900 SUPPLEMENTARY CONDITIONS , 112 00923 . STATEMENT OF COMPLIANCE .113 00925 CERTIFICATE OF SUBSTANTIAL COMPLETION .124 00926 FINAL CERTIFICATE OF PAYMENT .126 00930 FORM OF FINAL RECEIPT. , 127 01000 ADDENDA AND MODIFICATIONS .129 02000 JOC SUPPLEMENTAL CONDITIONS .133 March 2004 City of Miami Beach copyright 0 2334 The Gorden OW? Pale III ProJect Manual This Page interitiOnally Left Blank age iv City of Miami Beach mpyrlphl 0 20 4 th. ovdl.n &cup March 2004 Project Manuel CI1Y0FMIAM.1 BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 www,miamibeachfl.gov . PROCUREMENT DIVISION Telephone (365) 673-7490 Facsimile (305) 673-7851 INVIrirATION To JOB ORDER CONTRACT; ITB 12-03/04 PUBLIC WORKS DEPARTMENT JOB ORDER CONTRACT; ITB 13-03104 CITY WIDE JOB ORDER CONTRACT; ITB 14-03/04 CAPITAL IMPROVEMENTS PROJECTS NOTICE to' CONTRACTORS ' •• Sealed bids will be received by the City of Miatni Bi3aCh Procurenient Director, 3 Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.rn. • local time for Job Order Contracts. (hereinafter called JOC) according to the. Bid Table below: Only General Contractors with a minimum of five (5) years of General • • Contracting construction experience are eligible to submit bids. The bid dates and contract values for the referenced Job 'Order Contracts are as follows: BID TABLE Bid Number Bid Due Date Maximum Contract Value/Term Maximum Contract Total Value . ITB 12-03/04 4/20/04 $2,000,000 $10,000,000 ITB 13-03/04 4/21/04 $21000,000 • $10,000,000 ITB 14-03/04 4/22/04 $5,000,000 $25,000,000 March 2004 City of Miami Beach Page 1 copyright 0 2004 1hr Gordian Group •:Project Manual 'A JOC is a competitive bid resulting in .a firm • fixed priced Indefinite quantity . construction contract pursuant to which the Bidder/Contractor will perform a variety • • .of work at different project locations. The Scope of Work includes a collection of detailed repair, construction and demolition tasks with related performance specifications and pre -established unit prices. The contracts are for the accomplishment of repair, alteration, modernization; maintenance, rehabilitation, demolition and construction of infrastructure, buildings, structures, or other real • • property. Work is accomplished by means of Issuance of `a Job Order against the contract. Under the JOC concept, the Contractor is required to furnish all management, documentation, labor, materials and equipment needed to perform the 'Work including architectural and engineering services to support Individual Job Orders. Each contract will have •an initial terrn of 12 months. At the City's sole discretion, each contract will include an option for four (4) additional terms. The contract duration shall not exceed five (5) years. An option term may be exercised when the :Maximum value of $2,000,000 for 12-03/04 and 13-03/04 and $5,000,000 for 14- 03/04 is achieved or the expiration of the 12 month term for as listed In the bid table 'for each contract number. . The 'Bidder's • for ,JOB ORDER •CONTRACT ITB 12-.03/04 PUBLIC WORKS .DEPARTMENT must hold at the time of submitting the Bids, a valid Florida Certified General Contracting License. The work for this contract will be used primarily for slte/civiUutility type projects. ' The Bidder's for JOB ORDER CONTRACT ITB 13-03104 CITYWIDE must hold, at the time of submitting the Bid, a valid Florida Certified General Contractor License. The work for these contacts will be used primarily for renovation and or repair and Minor new construction type projects. The Bidder's for JOB ORDER CONTRACT ITB 14-03104 CAPITAL IMPROVEMENT ...PROJECTS must hold, at the time of submitting the Bid, a valid Florida Certified General Contractor License. The work for these contacts will be used primarily for • City's Right Away Projects, renovation and or repair and minor new construction type projects. :If the Bidder Is a joint venture, the joint venture Itself will be considered a separate' and distinct organization and must be in .compliance with all requirements of the State statutes and the Florida Contracting licensing regulations. At time, date; and place referenced herein, bids will be publicly opened. Any bids received after time and date specified will be returned to the Bidder unopened. The Page 2 City of Miami Beach March 2094 copydpht O 4 Do Owdw+ Groua • Project Mandel responsibility for submitting a bid before the stated time and date is solely strictly the responsibility of the Bidder. The City is not responsible for delays by map, courier service, IncludingU.S. and Mall, or any other occurrence, y �31used • March 2004 City of Miami Beach c°AYr{phl 0 2004 The Gordian Sloop Page 3 Project Manual and requirements of any' prinks 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. 1.25.. INSPECTOR: An 'authorized representative of the City -or Program Manager assigned to make necessary Inspections of 'materials furnished by Contractor and of the work performed by Contractor. 1.26. JOB ORDER: The portion of the Contract •Documents that sets forth ' the Detailed Scope of Work, the schedule, and a firm fixed lump sum price to be paid to the Contractor. It also consists of any s9pecial conditions that might apply to a specific Job Order such as Liquidated • Damages and technical submittals, plans and drawings, the Notice to -Proceed, and other documents required by the City. • 1.27. JOB ORDER COMPLETION TIME: Shall mean 'the perIod of time allotted for the Contractor to. achieve Final Completion of a Job Order, . 1.28. JOB ORDER CONTRACT: Shall mean a competitively awtirded, indefinite quantity contract for • accomplishing construction and Construction related services.. Work is accomplished through the Issuance of Individual Job Orders against the Contract. Each Job Order issued under the JOC will be a firm fixed priced order for accomplishing a specific Detailed Scope of Work. • • • .1.29. JOB' ORDER PRICE PROPOSAL':. .Shall mean the. Contractor prepared documents quoting a firm flied price and schedule for the competition of a specific Detailed Scope of Work as requested by City. The Proposal might Also contain approved drawings, 'permits or other such documentation as the City might require for a specific Job 'Order. 1.30. JOINT SCOPE or JOINT SCOPUNG: Shall' mean the Joint activity that takes place at the Site with the City and or Program Manager and the Contractor whereina proposed Job is discussed and examined, and the framework of the Detailed Scope of Work Is developed. 1.31. LAW or LAWS: 'Shell mean the Constitution of the State of Florida; a statute of the United States or of the State of Florida, a local law of March 2004 City of Miami Beach copyright exaThe Gordian Group Page 9 ' Prefect Manual the City of Miami Beach or County of MlafnI-Dade, arid any 'other ordinance, rule or regulation.having the force of Law. • 1.32. MATERIALS: Materials incorporated in this Project, or ' Used or • consumed In the performance of the Work. • 1.33.. . MATERIALMEN: Shall mean any person, firm or' corporation, other than employees of the Contractor, who or which contracts with 'the Contractor, or any Subcontractor to fabricate or deliver, or who • . actually fabricates or delivers, plant materials or equipment to be • incorporated in the Work. 1.34. • MAXIMUM CONTRACT TERM VALUE: Shall mean the maximum dollar value of Work that Can be ordered under this Contract during any single term of the Contract. 1.35. MAXIMUM CONTRACT TOTAL VALUE:.Shall mean the'maxiMum dollar value of Work that can be ordered under this Contract during the entire duration of the Contract, 1.36. MEANS AND METHODS OF CONSTRUCTION: .Shall mean the labor, materials In temporary structures, tools, plant, arid, .construction equipment, • and the mariner and time .of their use, necessary to accomplish the result intended by a Job Order.. 1.37. MINIMUM CONTRACT VALUE: Shall . mean the • minimum dollar value of Work that can be ordered during the duration of the Contract. 1.39. • NON PRE -PRICED TASKS: Shall refer to 'work tasks required tb perform Individual Job Orders that • are not included In the Construction Task Catalog but within the general scope and Intent of this Contract. Such work requirements shall be incorporated into. and made a part of this Contract for the Job Order to which they pertain, and may be incorporated into the Construction Task Catalog, . if determined appropriate by the City, Non pre -priced work requirements shall be separately identified and submitted In the Job Order Price Proposal. • • • 1.39: . NORMAL. WORKING HOURS: Shall mean the hours of 8:00 AM' to 5:00 PM Monday through Friday except Holidays. 1.40. NOTICE(S) TO PROCEED: Written notice to Contractor authorizing the commencement of Job Orders. 1.41, OTHER CONTRACTORS: Shall mean any person, flrmn or Corporation with whom a Contract has been made by City for the • 'Page 10 City of Miami Beach copyright 0 NM1M Gatlin Group March 200r • Project Manual . performance of anywork which is not a portion of work covered under this Contract. . • 1.42: OTHER THAN NORMAL WORKING HOURS: Shall. mean the hours. of 5:01 PM to 7:59 AM Monday through Priday and any time Saturday, Sunday, and Holidays. City holidays are as follows: New Years Day, Martin Luther King Day, the designated Spring Holiday, .Memorial Day, independence • Day, Labor Day, Veteran's• Day, Thanksgiving Day, the designated Christmas Holiday, Christmas Day. The Contractor will not normally be permitted to work on City • holidays. • .Work required other than during the aforementioned working period will be at the City direction and/or and require City's approval prior to commencement of work activities. 1.43. PLANS AND/OR DRAWINGS: The 'official graphic 'representation's as needed on each Job Order' to represent or supplement the Detailed Scope of Work. 1.44. PRE.:PRICED TASK: Shall mean a teak included In the Construction Task Catalog for which 'a Unit Price has been established. 1.45.• PROGRAM MANAGER: An authorized representative contracted by the City who .may be assigned individual JOC projects. This individual designated by the City as being responsible for managing, supervision and acceptance of Job Orders. 1.46, PROGRESS SCHEDULE: Shall mean a bar chart submitted by the .Contractor and subject to approval by the' City showing the overall Job Completion Time and subdivided for each critical operation 'therein. 1.47: PROJECT: The construction project as described in the Job Order. 1.48. PROJECT INITIATION DATE: The date as specified In they Job • Order Notice to Proceed upon which lime commences for completion of the Job Order. • 1.48. PROJECT MANUAL: The official documents setting forth bidding . information and requirements; contract form, bonds, and certificates; :General and Supplementary Conditions of the Contract Documents. 1.50.. PROJECT COORDINATOR: Shall-mean'the individual -assigned by' the.. City as being responsible for managing, supervision and acceptance of Job Orders • 1.51. PROVIDE or FURNISH:. Unless • specifically noted otherwise, shall • mean supply and Install complete and ready for operation and use. March 2004 .i; rl City of Miami Beach capyripte m Y004 The Gordian Chugs Page 11 • Project Manual 1.52. PUNCH LIST: Shall mean a compilation of Items that have not been completed in accordance with an individual Job Order. 1 :53. REQUEST FOR PROPOSAL (RFP): Shall mean the ' Document issued by the City that formally requests the Contractor to prepare a Job Order Price Proposal for a Detailed Scope of Work. '1.54. RESIDENT PROJECT REPRESENTATIVE; ,An •authorized representative of Consultant or Program Manager assigned to represent Consultant or Program Manager on the Project. • 1.55. SAMPLES: Shall mean the physical examples submitted by the Contractor of materials, equipment or Workmanship to establish a standard that the Contractor is required to meet. 1.56. SHOP DRAWINGS: ,Shall mean 'drawings, diagrams,• illustrations, schedules, . test data, calculations, , performance .charts, cuts, brochures, and other data which are prepared by the Contractor and which illustrate a portion of the Work. 1.57. SITE: Shall mean the area •upon or in which .the Contractor's ,operations are carried on, and such other areas adjacentthereto as may be designated as such by the Project Coordinator and or . Program Manager. 1.5B. SPECIFICATIONS: Shall mean all of the definitions, instructions, descriptions, directions, requirements, provisions and standards (and all written supplements .thereto) pertaining to the methods, (or manner) of performing and actual performance of the Work, or quantities and quality (as shown by test records) of ,accepted materials to be furnished under this Contract, as hereinafter detailed and designated In the Contract Documents. . Specifications for this • contract include Volume Ilia, Illb, Illc, South Florida Building Code • and standard City of Miami Beach Specifications. 1.59. .STATE: Shall mean the•State of Florida, 1.60. SUBCONTRACTOR: A person, firm or corporation having a direct contract with Contractor including one who furnishes material worked 'to a special design according to the Contract Documents, but does not include one who merely furnishes' Materials not so worked. 1.61. SUBSTANTIAL COMPLETION: The date certified by the City and Or Program Manager when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is -• sufficiently complete in accordance with the Contract Documents so .the Project Is aVailable for beneficial occupancy by City. A Certificate of . Occupancy or Certificate of Completion must be issued for ..Page 12 City of Miami Beach copyright C 204 The [Rodin amp • March 2004 Project Manual - • Substantial •Completion to be achieved, "however, the • issuance of a Certificate of Occupancy or Certificate of Completion or the date • thereof are not to be determinative of the achievement or date of Substantial Completion. 1.62.. SUPERINTENDENT: Shall mean the supervising .representative of . .the Contractor who is present on the work site at all times during . progress, authorized to receive and fulfill Instructions frorn 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. ' 1.63.: SURETY: The 'surety company or Individual which is bound by the performance bond and payment bond with and for CONTRACTOR • who Is primarily liable, and which surety company or individual Is responsible for Contractor's satisfactory performance •.of the work • 'under the contract and for the payment of all debts pertaining iihereto .• in accordance with Section 256.05, Florida Statutes. 1.64. 'UNIT PRICE: Shall mean the price published In the• Construction Task Catalog for a specific construction or construction related task. The unit prices are fixed for the duration of the Contract. Each unit price• Is comprised of the Labor, Equipment and Materials costs to accomplish that specific task. 1.65. WAGE .DECISION: • "Shall mean the applicable federal wage ` determination provided by the City as issued by the U:S. Department of Labor. 1.66. WORK: • The construction and• services re'tlulred by the Contract. Documents, whether completed or partially completed, and includes • . all other' Tabor, materials, equipment and services provided or to be' provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. March 2004 City of Miami Beach • ooprigh! 0 2c04 iM Ourdifin Gra* Page r P'roject'Manual 00300 • ,11NSTR•UCTIONS tO BIDDERS General: • 1.1 • .:The following instructions and those set forth herein ate 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. Take into account Federal, State and Total (City and Miami -Dade County) Taws, 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 SubtnIssion of a Bid: • 3.1. The submission of .a Bid shall conatitUte ...an incontrovertible. representation by Bidder chat 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 Canfract shall be determined by individual JobOrders issued hereunder. Upon receipt of a Notice to Proceed, the Contractor shall furnishes all architectural and engineering services to support individual Job • ,Orders, shop drawings, samples, management, documentation, .. materials, • • supplies, parts (to included system components), transportatic'n, plant, supervision, labor and equipment needed to perform the work ' at designated City properties. 4.2. • The Contracts Will be for thefollowin'g: Page 14 City of Miami Beach copyright 0 2034 he Goodin Group March 2004 Project Manual 4.2.1. • JOB ORDER CONTRACT ITB 12-03/04 PUBLIC WORKS DEPARTMENT The Contract may be used to petform any Work on facilities • • . under the jurisdiction of the City but is to be used primarily • for site/civil/utility type projects under the jurisdiction of the . 'Public Works Department. 4.2.2. JOB ORDER CONTRACT ITB 13-03/04'CITYWIDE ' The Contract may' be Used to pectin any work on facilities under the jurisdiction of the City but Is to be used primarily for work for renovation and or repair and minor new Construction and can be used City Wide. 4.2.3. JOB ORDER CONTRACT ITB 14-03/04 CAPITAL IMPROVEMENT PROJECTS The Contract may be used to perform any week on facilities 'under the jurisdiction of the City but is to be used primarily • for work for renovation, right away projects, .streetsc,apes, . and or repair and minor new construction _ under the • jurisdiction of Capital Improvement Projects. .• 4.2.4 • -.The • City reserves the right .fo award 'multiple JOC Contracts for the same . Department. . The City also reserves the right 10 assign Individual Job Orders to other JOC Contractors for that Department. 5. Job Order Contract Overview: . 5.1. A Job. Order Contact (JOC) is •a cornpatith elybid, firer=fixed:•prIce indefinite -quantity contract. It includes a collection • of detailed repair and construction tasks and specifications that have established unit prices. . It is placed with a Contractor for the accomplishment of repair, alteration, modernization, rehabilitation, construction, etc., of buildings, •structures, or other real property. Ordering is accomplished by means of issuance of a Job Order against the Contract. 5.2. Under the JOC concept, the Contractor furnishes managerrtant, labor, rriaterials, equipment and architectural and :engineering service's' required to document the scope of work to support individual Job Orders. 5.3. The JOC contract includes a Construction • Task Catalog (CTC). •The CTC was developed by the City and is •based on the use of experienced labor and high quality materials.. The CTC also incorporates local activity, climate and geographic features. • March 2004 City of Miami .Beach PaS1Ie 15 copynWNN 0 20 4 Th. Qadi.n Gtcup Project Manual 8.6 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 ere 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 Documorits constituting component parts of this • Contract are the following: • • • Volume 7, .Project Manual. '..Volume lie; Book 1 of 3, Construction Task Catalog, • . Volurne lib, Bobk 2 'of 3, Construction Teak Catalog. Volume Ilia, Book 1 of 3,. Technical Specifications. Volume Alb, Book 2 of 3, Technical Specifications, Volume Ilic, Book 3 of 3, Technical Specifications. • Page 16 5.4. Bidder will offer two (2) sets of adju'stment•factors that will be applied against the prices set forth in the Construction Task Catalog (CTC). One set will be for work when Davis Bacon Wage decisions will not apply for construction performed during normal or other than nomiial working hours with and without Architectural .and Engineering Services. The second set will be for work when Davis Bacon Wage Decisions do apply for construction performed during normal or other than normal hours with and without Architectural and Engineering .Services. These adjustment factors will be. used to price individual scopes of work by multiplying the adjustment factor by the unit prices and quantities. These 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 .roquirements are identified, the -scope of work will be explained •to the Contractor at a Joint .Scope ,:Meeting. The Contractor will be given a Request i=or Proposal and a Detailed Scope of Work, The Contractor will be required to review the Detailed Scope of Work and develop a Price Proposal using the appropriate tasks, quantities and the applicable adjustment factor. If the Contractor's Proposal is found reasonable and acceptable, a Job Order may be Issued. The resulting price shall be a lump sum, fixed price for the completion of the Detailed Scope of Work. .City of Miami Beach copyright 0 2004 The Gordian amp March 2004 • Project Manual 6.2: Volume I JOC Project Manual: The JOC Protect Manual contains bidding information and requirements, ;contract forms, ..bonds and certificates, General Conditions and JOC Supplemental Conditions of. the Contract Documents. . 6.3; . • Construction Task' Catalog • (CTC), (Volume IIa, and '11b): The CTC • contains pricing information for the work to be accomplished and for the unit of measure specified. It consists of CSI divisions 1 through 16. 6.4. The Technical Specifications (Volutrie • Ilia, Illb and jllc): The :Technical Specifications are numbered and :organlzed in • the 'Construction • Specification. institute's (CSI)' master format„ • All specifications are filed in divisions 1 through 16'per CSI guideline's. The' intent of these specifications is to'fumish conclse 3ridustiy end •commercial standards for maintenance orrepair of City facilities.. 6.5. Other 'documents and standards' :referenced In ' the Contract Documents. Whenever standards or specifications of other agencies or departments.• authorities, etc. are referred to, they shall be the version in effect at the time of receiving price proposals. unless the date of a specific version is contained In the reference. 6.6. Design and Specification References: 6.6.1. .Florida. Department of Transportation Standards • (Latest dition) • 6.6:2.. Metro -Dade • • Design. and Construction . 'Standard' Specification & Details • 6.6.3. Standard Plans for Pubic Works ' (American Work Association) 6.6.4. Greenback • Standard Specification (American 'Work Association) • 6.6.5. City of •Mian•}l Beach .General ROW Program Design' ,Policies February •2004 as amended. • • 6.6.6. Master' Specifications Outlines 7. • Location of Work: '• 7.1. AII'work Will 'be within the City limits Of Miami Beach and indiwiduai projects will assigned as determined by the City. Abbreviations and Symbols: • • • March 2004 City of Miami Beach oopydpi1 O 2904 The Goodies Group Page 17 • • ' . • • . • , . • - • 1 1 • • . 1 Project Manual 8.1, The •abbreviatloris • Used therfughbut tht'r Contract Documente are defined hereinafter in the Technical Specifications. 9 Pmaid Interpretations: . 9.1. Only queStions answered by Written Addenda will .be binding.Oral and other interpretations or clarifications will be without legal effect. •'All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. •• Interpretations or clarifications considered necessary by the City's • Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding • Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There ' •. ehall be no obligation on the part of City or the City's Procurement Directer to respond to questions received less than' ten (10) calendar days prior to bid opening. 10.. Submitting Bids: 10.1. All Blds milt be received in the Procurement Division; City of Miami • Beach, 1700 •Convention Center Drive, Third Floor,Miami Beach, Florida 33139, before the time and date specified for Bid opening, enclosed in a sealed envelope,: legibly marked on the outside. A • • complete and separate Bid package must be Submitted for each • contract that the -Contractor wished to bid: JOC BID FOR: BID/ JOC CONTRACT NO: 11. Printed Form of Bid: • • 11.1. All Bide Mutt 'be made upon' the blank Bid/Tender Form arid Form of .Bid, Form 1 and Form 2 in Article 00407. The Bid must be signed and acknowledged by the Bidder in accordance with the directions on the Bid Form. bid Guaranty: 121.. 'A bid bend for contracts 12-03/04 and 13-03/04 is $25,000. and $50,000 for contract 14-03/04. Each bid must be accompanied by a • certified check of the Bidder, or by a bid bond prepared on the form of bid bond annexed hereto, duly executed by the Bidder as principal, •-•- ;••:Page 18 City of Miami Beach •March 2004 comeght 203, ni•orydim WOW • • Project Manual and having as surety thereon a surety' company authorized to do business In the State of Florida and approved by the City. Such .checks or bid bonds shall be returned to all bidders not receiving the • award after the City and the -accepted Bidder have 'executed the • Contract. Or, if no Contract has been executed, within one hundred eighty days (180) days after the opening of bids, upon demand of the Bidder at any time thereafter so long as such Bidder has not been notified of the acceptance of such bid. 13. •Acceptance Or Rejection•of Bids: 13.1. The City reserves the' right 'to reject any or all bids prior to award. . • Reasonable efforts will be made to either award the Contract or reject • all bids within one hundred eighty (180) calendar days after bid 'opening date. A Bidder may not withdraw •fts 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 B1d after the expiration of one hundred eight (180) calendar days from the date of Bid. opening by delivering written notice of withdrawal to the Purchasing Division prior to award of the • • Contract by the City Commission. The City reserves the right to award additional contracts under this solicitation if it is determined to be in the City's best interest for a •period of one hundred and eighty (180) calendar days following the opening of Bids. 1 •• Determination of Award: 14.1. • The City Commission shall award the' contract to the' lowest and beat Bidder. A lowest Bid is determined by line 17 on Bid Form 2 contained herein. , In determining best, most responsive and • responsible Bid, the following shall be considered: , a. • Adjustment Factors to be considered are based on the following percentages. For purposes of determining the low bid frorn Bid Form 2; 90% of the work Is to be accomplished using non Davis Bacon wages and 10% of the work using Davis Bacon Wages. '80% of the work will be accomplished during Normal Working • Hours and 20% will be accomplished during Other Than Normal Working Hours. 30% of the work will require Architectural and Engineering Services. b. The ability, capacity •and skill of the Bidder to : perfoml .the • contract, c. • Whether the Bidder •performed satisfactory on contracts 'within the time specified, without delay or interference, .March 2004 City of Miami Beach • Oopythi 45 2004. 1. Gordian Caraup Page19 r• • • . Project -Manual • d The character, Integrity, reputation, Judgment, experience and efficiency of the Bidder. .The quaiity of performance of previous contracts. f. The. prevtous and existing compliance by' the Bidder with laws •.and ordinances relating to the contract. • g, The 'Manageniar'<t Pia ..submitted and experience of the contractor as listed in the questionnaire. • ' 15. Evaluation: . . 15.1.. • The 'contractor will be •evaluated 'on each 'Job. Order. ' Results cf the . evaluation will impact the Issuanceof future Job'Orders. 7 ti. Contract Price: 16.1. The •Contra'ct Price is'to'Include the furnishing' of ail labor, materials; • equipment Including tools, • services, obtaining .permits, applicable taxes, overhead, architectural and engineering services, overhead • and profit for the completion of each Job Order. The cost of any • item(s) of Work not covered by a specific' Contract unit price shElil be treated as a Non Pre -priced item and the. procedure for ordering these tasks are outlined in Articie '12 Of the JOC Supplemental • Conditions. 1'7.. •.'Postponement of bete for Presenting and Opening of Bids: .• '17.1. • • The • City raserves the right to postpone ,the •date •for receipt and . •. opening of bids and will 'make a reasonable effort to.give at Ieast 'Seven (7) calendar day's written notice of any such postponement to . , each prospective Bidder. 18. Qualifications of 'Bidders: . ' 1'8.'1. , .Bids shall . be considered' only frorri ,'firr s '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 responsibillty 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. 1.9. • Addenda and'Modiflcations: ' Page 20 •City of Miami Beach , March 2004 copyright O 20017M Gordian Chap • • :Project IUlanual 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. This project, either In • Whole or in : part, may be. federally assisted, through the City of Miami Beach Cominunity Development Block Grant Funds, and as such Bidders must comply With Section 109 of Title I 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 Vi 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. Inclosed is the wage decision applicable to' the subject project. It . must be Incorporated Into the Contract Docurhents 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 I:rroject by project basis. • .• • 20.3. 'Weekly payroll- reports (WH347 or equivalerit)...are required to .be .' -.submitted by the contractor , and subcontractors through the .contractor •certifying that all Iabdrers 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. • • . -March 2004 • City of Miami Beach -Page 21 • • wppight02004 The Gordian Gump Project Manual . 00400 BID/TENDER. FORM Job Order Contract #: li 2) 14- l / Submitted: ' 1j/ (9.D 0 Date ... . City of Miami Beach, Florida 1700 Convention Center Drive . Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested In.this bid as principal are named herein and that no person other than herein mentioned has any Interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and That it is, in all respects, made fairly and in good faith without collusion or fraud. • The Bidder further 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 ail 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: VC P> 14 The Bidder also agrees to furnish the required Performance .Bond ' and Payment Bond or alternative form of security, if permitted by the City, each for not Tess than the total bid price, and to furnish the required Certificate(s) of Insurance.. ,The undersigned further agrees that the bid guaranty accompanying the bid shall be forfeited if Bidder fails to execute said Contract, or falls to furnish the required Performance Bond and Payment Bond, or falls to furnish the required Certificates) of Insurance within seven (7) calendar days after being notified of the award of the Contract. Page 22 City of Miami Beach copyrkpl 02034 Th. Gorrpn Group March 2004 • Project Manual 'In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by .the City. Acknowledgment Is hereby made of the following addenda (identified by number) received since Issuance of the Project Manual: Addendum Number The Bidder shall acknowledge this bid by signing and completing •the spaces provided below. Name of Biddere �'�� 1\#�:f1 l �t1�j� CA—) - City/State/Zip:' Terephone' No.: Social Security No. or Federal Dun and Bradstreet No.: 1i.:7s12 q (if applicable) 1, D. No.: Bradstreet No.: (if applicable) if a partnership, names and addresses of partners: March 2004 City of Miami Beach Page 23 copyright O 2004 •• Gm2kn wain Prcifed Manual • (Sign below if not Incorporated) WITNESSES: (Signature) • (Sign below If incorporated) ATTEST: ft (Secretary) • CORPORATE SEAL) (Type or Print Name of Bidder) (Type or Print Name Signed Above) , (Type or ' t Name of Co ratIon)/2 IA P. (Signature and Title) ' (\Ie. _VrTh rAzd . (Type or Print Nam Signed Above) . . • incorporated under the laws of the State of7"--N, \c \C\ Page 24 City of Miami Beach March 2004 copyright 0 2C0a his Gordian Group 00405 ::. , . .... f+ISE3 PERMIT �-CITY bFMIAMII'BEACH I.ICE'•''�'AIiIDFEIa$' Pursuant :to the Public •Bid`Disclosure Act, each iicerise,..petrnit .or fee• a Contract a will have to pay the City 'before or during construction by unit method of all licenses; permits and fees •REQU1RED 'BY THE CITY AND PAYABLE TO THE CITY by. • • virtue of this construction as part of the Contract is as follows: • • The General Contractor's • City of Miami. SeaCh Building •Permits; Public 'Works Permits and Zoning Permits"Will be' reimbursed by the City for the cost of the Permit • ..drily as a Non pre -priced task with no marked -ups. , The cost for obtaining these Permits is to be included In the Contractor's AdjustrnentFactor. • .• LICENSES,. PERMITS AND •FEES .WHICH MAY BE 'REQUIRED.IBY 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 .WILC'BE REIMBURSED BY THE CITY AS A NON-PREPRICED TASK WITH NO MARK-UPS. 1 Occupational licenses from City of Mian l Beacii firms Mil be required to be • submitted within fifteen (15) days of notification of intent to - award. • • 2 . OtduPationat licenses will be required pursuant 'to••Chapter 205.065 Florida Statutes. :March 2004 City of Miami Beach oapyriphl O 2034 Th. Bard Ion Group Page 25 eti Protect Manual Pages 26 through 35 are blank pages, therefore they are discarded. Pages 28-35 City of Miami Beach copy' phi 0 2001 The Cadia❑ Coup March 2004 • • Project Manual • BID FORM 1 • SCHEDULE OF PRICES • . • FOR CONTRACT NUMBER ITB 14.03104 CAPITAL IMPROVEMENT PROJECTS The • Bidder hereby proposes .to furnish all labor, • materials,' equipment, transportation, supervision, architectural and engineering services, as required, and facilities necessary to complete in a workmanlike manner and in accordance with the Contract Documents, ell Job Order Work ordered for the compensation In accordance with the following schedule of prices: The Contractor bids two (2) sets of adjustment factors that will be applied against the prices set forth in the Construction Task Catalog (CTC), One set will be for work when Davis Bacon Wage decisions will, not apply for construction performed during normal or other than normal working hours with and without '. • Architectural and Engineering Services. The second set will be for work when Davis Bacon Wage Decisions do apply for construction performed during normal or other than normal hours with and without Architectural and Engineering Services. These adjustment factors will be used to price individual scopes of work by multiplying the adjustment factor by the unit prices and quantities. These adjustment factors willbe considered for the Term Period (12 monthsfrom date of contract award) Line 1 .Normal Working Hours Construction: Contractor shall 'perform any or all functions called for In the Contract Documents and the individual project Detailed Scope of Work, scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: I•0375 (Specify to four (4) decimal places) Line 2 Normal Working. Hours Construction with Architectural and Engineering) Services: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, • scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified ' • • Page 36 City of Miami Beach March 2004 cario o PON in. Gard Ian Group 'Project Manual in the Construction Task Catalog (CTC) multiplied times the adjustment • factor of: �• ci oo (Specify to four (4) decimal places) Line 3 Other Than 'Normal Working Hours Construction: Contractor shall perform any or all functions called for In the Contract Documents and the Individual project Detailed Scope of Work, scheduled during other than normal working hours In the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: l • 0506 • (Specify to four (4) decimal places) Line 4 Other 'Than Normal Working Hours Construction with Architectural and Engineering Services: Contractor shall perform any or all functions called for In the Contract Documents and the individual project Detailed Scope of Work, scheduled during other than normal working hours in the quantities specified in Individual Job Orders against this .contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the. adjustment factor of: I. 0600 (Specify to four (4) decimal places • Line 5 Normal Working Hours Construction using Davis • •Bacon Wages: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during normal working hours in the quantities specified In individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: l • 0900 (Specify to four (4) decimal places) March 2004 City of Miami Beach Page 37 copyiipht 0 2034 104 OOrdMO Group Project Manual Line 8 Normal Working Hours Construction using Davis Bacon Wages with , Architectural and Engineering Services: Contractor shall perform any or all functions called' for in the Contract Documents and the individual project • Detailed Scope of Work, scheduled during normal working hours in the quantities specified in Individual Job Orders against this contract for the unit price sum specified In the Construction Task Catalog (CTC) multiplied times the adjustment factor of: (Specify to four (4) decimal places) Line 7 Other Than -Normal Working Hours Constructionusing Davis Bacon Wages: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Wor1N:. . scheduled during other than normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified In the Construction Task Catalog (CTC) multiplied times the adjustment factor of: 1..0900. (Specify to four (4) decimal places) Line 8 - Other Than Normal Working Hours Construction' using Davis . Bacon Wages' with Architectural and Engineering Services: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during other than normal working hours In the quantities specified in individual Job Orders, against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: lI01o0 • (Specify to four (4) decimal places) . Line 9 . Combined Adjustment Factor (From Bid .Form 2) . 1•0571• (Specify to four (4) decimal pieces) Page 38 , City of Miami Beach March 2004 ooppiphl 0 2004 The riadion Group . . , . . . ' 04/12/2004 1257 Fa 305 673 7861 • ' CMB PROCUREMENT DIVISION •rIoo4,005 • • • BID FORM 2 . . COMBINED ADjUSTMENT FACTOR WORKSHEET • FOR CONTRACT NUMBER ITS 14-03104 CAPITAL IMPROVEMENT • . PROJECTS For the purposes .•of determiningthe Iow 'bid the Contractor shall complete The following worksheet. (Specify to four (4) decimal places). ' . 1. Normal Working Hours COnstruction Adjustment Factor .1.2 2. Multiply Line 1 by .5040 (.90 x.80 x.70). •62Z9 • 3. ' Nonni! 'Working Hours Construction AdjustMent Factor with • i• Architectural and Engineering Services 0900 • 4. Multiply Line 3 by .2160 (.90 x.80 x.30) • e!' 3 54 6. OtherThan NOrmal Working Hours Construction Adjustment Factori'1?41 • 6. Multiply Line 5 by .1260 (.90 x.20 x.70). • • V32.3 7. Other Tian Normal Working Hours Construction Adjustment Factor With Architectural and Engineering Services /. 060o ••••••••••• • 05 7Z- 8; . Multiply line 7 by .0540 (.90 x.20 x.30) 9. Normal Workirg•HOurs Construction using Davis Bacon Wages.......,....!1,06:0009 10 Multiply Line 9 by .0560 (.10 x .80 x.70) • 11. Normal Working Houra Construction using Davis Bacon Wages with Architectural and Engineering Services' • Ozbb 12 .Mult1Ply Line 11 by .0240 (.10 x .80 x.30) 13 Other Normal Working Hours Construction using Davis Bacon1.0 900 14. Multiply line 13 by .0140 (.10 x .20 x.70) •0/5Z. • 15 Other Than Normal Working Hours COnstrUctIon using Davis Bacon with ArchiterArral and Engineering Sen.fices. 5.09100. 16. Multiply One 15 by .0060 (.10 x .20 x.30) 17. Add linei 2+4+6+8+10+12+14+16 • (;)06 . 1.0571.. (Combined Adjustment Factor) • ,-..... .•,.. - • Project Manual The Bidder shall complete this Combined Adjustment Factor Worksheet and transfier the Bid Adjustment Factors, (Line 1, 3, 5, 7, 9, 11, 13, 15) and Final Combined Adjustment Factor (Line 17) to the space provided on the Bid Form 1 of this proposal. The lowest Combined Adjustment Factor will be deemed the lowest bid. The Owner reserves the right to revise all arithmetic calculations for correctness. • Contractor Name 1fk \\`-.1 (Thr\ (Tyr (o . Authorized Signature: fie,‘, uCe Printed Name: .C-\C) Date: ._:`v?// Page 40 City of Mlaml Beach March 2004 ra,,y40 O Row The Gotten Croy, Project Manual 00500 SUPPLEMENT TO BID/TENDER FORM - QUESTIONNAIRE THIS COMPLETED FORM SHOULD BE SUBMITTED WITH •THE BID, • HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS •OF THE CITY'S REQUEST. QUESTIONNAIRE . . • The undersigned authorized representative of the Bidder certifies the truth and • accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing • one of the licenses, certifications, or registrations specifie-d in the Invitation to B1d. License/Certlfication/Registration # Years 1.1 What business are you in? tTheic FL, \ LjC)''f-ku,Av:D (.1 • 71 2. What Is the last roject of this nature that ybOave completed? e.\A ••AltrQ. \r'vtA 3. , Have you ever failed to complete any work awarded to you? If so, where end why? o 3.1. Give owner names, addresses and telephone numbers, and surety • and project names, for ail projects for which you have performed .. March 2004 City of Miami Beach capfTg41 0 20041 The Goidlan atot0 . , • Page 411 • • Project Manual • work, where your surety has intervened to assist In completion of ti•ie 'project, whether or not a claim was made. 4. Give' names, • addresses and telephone numbers of three Individual% corporatIons,Aguncles, or irkstitutions for whi h yo have performed work: 4.1 . "` �- e E,! C. r C\ \ l • (name) 4.2. (address) (phone #) (name) (address) (phone #) 4,3. (name) (address) (phone #) . 5. ' List the following information concerning all contracts -in progress as of the . ' date of submission of this bid. (In case of co -venture, list the information for all co-Venturors.) . ;TOTAL DATE OF %OF NAME OF OWNER & CONTRACT COMPLETION COMPLETION PROJECT PHONE # ' VALUE PER CONTRACT TO DATE . (Continue list on insert sheet, if necessary.) • 6. Has a representative of the Bidder completely inspected the proposed project . and does the Bidder have a complete plan for Its performance? '.. Page 42 City of Miami Beach copyright P 2t104 71* Gordian Group March 2004 . • Project Minim! 7. Will you subcontract any part Of this work? If so, give details including a Ilst of •, the subcontractor(s) that your company anticipates using on this contract. 8. What,equipment do.you own that Is'Avallable for the work? 9. What equipment will you purchase for the proposed work? r\r,i—NA 10. What equipMentwill you rent for the proposed work? • "--kr-. • 11. • State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in 'managing similar • work. re-C7 • • cmckrix-r-6,Ds• • r)=4-IcAcAr) March 2004 City of Miami Beach cccwIg1J 02004 The Gard l•ri Group • Page 43 ' • • Protect Manual 12 State. the true, . exact, correct ,and complete name of the partnership, corporation or trade name under which you do business and the address eaf 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). 12.1. The correct name of the Bidder is 12.2. The business Is a (Sole Proprietorship) (Partnership) (Corporation). 0..tmc cr'N-C.ANC-C1 12.3. The address of principal place Of business Is: Zen en'l \ L- kov•-•yhv..I t� 12,4. .The names of•the corporate officers, or partners, or individuals doing business under a trade name, are as follows: Y1C e 12.5. 'List ail organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. 12.6. Llst and describe all bankruptcy petitions (voluntary or Involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. Page 44 City of Miami Beach coprlphl o 2C04 m. Gordon croup March 2004 Project Minus!' 12.7.. List and describe all successful Performance or 'Payment (Bond claims made to your surety(les) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and Its predecessor organizatlon(s). 12.8, List all claims,. arbitration's, 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. 12.9. . List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals. or officers or predecessor organization(s) were defendants. ,March 2004 City of Miami Beach copyright 7 W4 iM Gordian Group Page 45 Project'Manual 12.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during The last five (5) years? If yes, provide details. n 12.11. Under what conditions does the Bidder request Change Orders? V.A)\- 12.12. What Is the Bidders Job Order Contracting or Indefinite .quantily .contraCtIng experience? If the Bidder has experience, provide ell details and the agency you preformed these services for, contact names and phone. numbers and details of what type of work you performed. If you need additional space please provide it on a separate page. • • (14-f_."`e. \-‘c.!_kr\c';\ • • 12.13. Explain your understanding of the Job Order Contract Program and how your firm plans on providing the Management to execute the process from project initiation throughout close-out. Your 'Management Plan should Include individuals assigned to this project and their responsibility. Provide your Management Plan In a separate document with the details requested. Page 46 City of Miami Beach eoprIgte 0 2004 The Gamlen Group March 2004 .Project Manual • 00520 SUPPLEMENT TO BID/TENDER•FORM .NON-COLLU$J )N . CERTIFICATE PRIOR TO AWARD OF THE CONTRACT THIS FORM MUST BE SUBMITTED FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this, day of 1 , 2004. • 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 wiilhout 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 executelan appropriate City of •Miarril Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the ' • performance of all requirements to which the Bid pertains. The Bidder states that this proposal is based !upon the documents Identified by the following number: Bid No.\ \A - tU'a/[ •r . . PRINTED NAME TITLE (IF CORPORATION) :March 2004 City of Miami Beach Page dt7 . copyrfphl 0 604 The Gordian (harp • Project Mantsisr •'00530 SUPPLEMENT TO BiD/TENDER FORM - DRUG FREE. WORKPLACE CERTIFICATION PRIOR TO AWARD OF THE CONTRACT THIS FORM MUST BE SUBMITTED FOR BIDDER TO BE DEEMED RESPONSIBLE. .The undersigned Bidder hereby certified that It will provide a drug -free workplace , program by: (1) • Publishing a statement nOtffying its employees that the unlawful ManUfaCturo, . 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; lip Any available' drug counseling, rehabilitation, : and employee - • assistance programs; and . . • (iv) The penalties that may be imposed upon employees for drug abuse • violations occurring in the workplace. • • (3) Giving all employees engaged In performance of the Contract a copy of the statement required by subparagraph (1). • (4) Notifying all employees, in writing; of the statement required by subparagraph •• (1), that as a condition of employment on a covered Contract, the employee • shall: • • •• (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; • (5) • Notifying 'City government in writing within ten (10) •calendar days after • • receiving notice under subdivision (4) (il) above, from an employee •or • Otherwise receiving actual notice of such conviction. The notice shall Include • .• the position title of the employee. . . Page 48 City of Mlaml Beach March 2004 popyrighl 0 taw The Gordian Group (7) • ..• Project Manual • (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is 'convicted of a drug abuse violation occurring in the Workplace: • Taking appropriate personnel action against • such employee, up to and including termination; or . Requiring such employee to participate satlsfactoriiy In a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate .agency; and • , • . Making a good faith effort to maintain a drug -free workplace program through Implementation of subparagraphs (1) through . STATE OF 1 COUNTY OF Cti de-‘2; . (Bidder Signature) / l Jac 1 ( 7 (Print Vendor Name) The foregoln • Instr ment'was ack o .edged befor= me this9. day of, _,_ .\ 20 e*L by E4 Z Jas (title) of C' :c i`rr-s--i (/- -r+-,\ CT:, , (njme-of persorJwhose signature Is being notarized) (name a corporatlon/company), ,.renown tomito be the person described herein, or who produced . as identification, and who did/did not take an oath. NOTARY' PUBLIC: 4661.411ti:dC. 'i+'r;M1.-rtia.rt,ntr..,ta MEIifA L.. SANCHEZ Nafor' Pufstio - Sloth of Florida fGYCs�rFtti�t �'.ti:r;6rs Mu jZ7, 2021 cclr+itnip1:liin i 00120E175 Conaud 8y 1fstiarct!Wary AIM, z.e),-Itie.n atrY1 (Print Name) My commission expires: n1211 `c March 2004 City of •Miami Beach eopri➢hi o 2004 TM Gard Ian Gm* Page 49 . .ProjectManual 00540 - SUPPLEMENT TO Bici/TENDER FORM -TRENCH SAFETY ACT -• .. • • PRIOR TO AWARD OF THE CONTRACT THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. • On October 1, 1990 House Bill 3181, ,knoWnes the Trench Safety Act became law. This Incorporates the Occupational Safety & Health Administration (OSHA) revised • excavation safety ..standards, citation 29 CFR.S.1926.850, as Florida's own • standards. . . . . The Bidder,- by virtue of the signature' below, affirins 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 ' CON§IDERED RESPONSIVE.- THE BIDDER • MUST •cOMP1-ETE THIS FORM. 819N ANI2 SUBMIT IT WITH THEIR BID DOCUMENT • Nam of Bidder C\Z-N-ACi Authorized Signature of Bidder Page 50 City of Miami Beach March 2004 ' eepyripte *00,4 The Gordian Gawp • Project Manua1 • 00500. RECYCLED CONI ENT vNFORMAi1ON • in support of the Florida Waste Management Law, Bidders are encouraged to supply • . •with their bid, any information available regarding recycled material content in the products bid. The City is particularly Interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the • product has served its intended purpose, • March 2004 City of Miami Beach ooprrf9M02004T}NGo,dlanGroup Paige 51 Project Manual 00600 CONTRACT CONTRACT THIS IS A CONTRACT, .by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as CITY, and . CarIvcn ••Constiuct1ofl'-Co. hereinafter referred to as CONTRACTOR. WIT NE S SET .H, that CONTRACTOR and CITY, for the consideration's hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK 1.1 The Scope cif work under this Contractlshall be determined by individual Job Orders .issued hereunder. Upon .reoeipt of a Notice to Proceed, the CONTRACTOR shall fumisheo all architectural and engineering services to support individual Job Orders, shop drawings, samples, management, documentation, materials, supplies, parts (to included system components), transportation, plant, supervision, labor and equipment needed to perform the work at designated CITY properties. ARTICLE'2 CONTRACT TIME 2.1. CONTRACTOR shall be instructed '.to commence the Work by written instructions in the form of a Standing Order issued by the' .CITY'S Procurement Director and a ;Notice .to Proceed issued .by the Contract 'Administrator. • The term of the 12 month' contract shall commence on the date of the Contract, The maximum cohtract'time is no more than 5 years or when the maximum value of the contract is reached. • 2.1.1. Once the Contract 'is .in placo, ..Job Orders will .be issued for the individual Job Orders through Notice to Proceeds; The time for completion of individual Job Orders will becontained in the Job Order Notice to Proceed. Page 52 City of Miami Beach copyright O 2004 The iiordan Group March 2004 • ProjectMianual 2.2. Tirne is of the .essence.:throughoui this' Contract. Job •Orders shall be. • substantially completed within the specified calendardays Listed on each individual Notice to Proceed, and completed and ready for fln'aI payment in accordance with Article 5 within the time specified on each individual Notice to Proceed. 2.3. Liquidated Damages (Ws) may be' applied to individual *Job Orders at the 'discretion of the City. • The dollar amount(s) relative to Ws are not intended • to be applied as penalties, but rather to be applied as damages to the City for .its inability to obtain full beneficial occupancy and/or use of the Project. LDs 'on construction projects other than .streetscaoe or utility orolec .are hereby fixed at $1,000 per day . and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of • said damages and the cost and effect of the failure of the Contractor to • complete the project on time. • 2.3,1 3 ' LDS relative to,, a streetscape / utility 'project The additional cost realized by the City consists of the following comp6nents: ' Additional construction administration• by City, Program •Maneger.end Consultant. Additionai 'resident obseivation •by•City and Program Manager. Loss of Uuse of facilities; such as loss of parking 'revenue, •sidewalk - cafe fees, etc. • . The'cost realized by the City for !extended' project milestone completion• consists of the sum :of the Program Management (PM) fee, •the City. Construction Management (CM) cost, additional Consultant fees that would . be incurred by the City for each day that the project completion is delayed. and those costs realized by the City for Toss of facility use. • • it is estimated that. the •PM component of City incurred 'expense •could' reasonably consist of one resident observer ($75 .per hour for 8 hours per day $600), one Project Coordinator ($125 per hour for 4 hour per day = $500), and one Project Administrator ($50 per hour for 4 hours per day = $200). • 'Hence, the estimated PM component of the liquidated damage value to be • used on• streetscape/utility projects would be $1,300 per day. ' March 2004 City of Miami Beach ...Am 0 2004 The Gordy; tamp Page 53 • • . • . • • Project Manual • it Is estimated that the Construction Management ObtripOnant of CitylricUrre'd expense would be based on the recognized rate of 4% of total project cost. Hence, a $5,000,000 project that has construction duration of 300 working days would result In a CM cost component of $800 per day, Thls value would vary by project and can be established by the Program Team and provided to the Consultants accordingly. • • • . Loss of 'Parking RoVerale:. if applicable, will be InCOrPicrated .In the Job Order/Notice to Proceed. 2.4. CITY Is •ailthOtlied ' dedubt liquidated damages .from 'Monies due to CONTRACTOR for the Work under this Contract or as much thereof as CITY May, In Its sole discretion, deem just and reasonable. 2.5. . CONTRACTOR shell be • respontibla for relmburting 'CITY, in• addition' to liquidated damages, for all costs incurred by the CITY and or Prograrn Manager. In administering the construction of the Project beyond the completion . date specified In each Job Order RFP, plus approved time • extensions. The CITY'S and or Program construction 'administration costs. • shall be puitUant to the contract between CITY and Program Manager, a .Copy of which Is available .upon request of the Contract Administrator. • All • such costs shall be deducted from the monies due CONTRACTOR for .performance of Work under this COntraCt by means Of unilateral credit change orders Issued by CITY as costs are incurred by Program Manager and agreed to by CITY. • • ARTICLE 3 THE CONtRACT SUM AND ADJUSTMENT FACTORS 3.1. CITY shall pay to CONTRACTOR for the perfortriatice of the Work described In the Contract Documents. The contract is an indefinite -quantity contract with no minimum values. The maximum amount that may be ordered under contract 12-03/04 and contract 13-03/04 Is two million dollars ($2,000,000) per term. The maximum value of that may .be ordered' under contract 12- 03/04 and contract 13-03/04 is ten dollars ($10,000,000). The maximum amount that may be ordered Under contract 14-03/04 Is ($5,000,000) per term. The maximum value that may be ordered under this contract 14-03/04 is twenty five million ($25,000,000). • 3.2 Payment shall be at the Ian!) sum Price stated in the Notice' to 'Proceed for each Job Order. This price shall be full compensation for all costs; including overhead and profit, associated with completion of all the work in full Page 54 . . City of Miami Beach March 2004 ' copyright • 2004 Tho Gordian Group • • conformity With the requirements as Stated or shown, or both;. in the 'Contract • Documents using the following adjustment factors: . 3.2.1. Winne' Working Hours Construction: Contractor shall perform any or ell functions called for In the Contract Documents and the Individual project Detailed Scope .of Work, scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price Sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: . 1.0375 3.2.2. Normal Working Hours ' CofStructidn with Architectural and Engineering ServlceS: .Contractor shall perform any or all functions called for in the Contract" Documents and the individual project Detailed Scope of Work, scheduled during•normal wcirking hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the .Construction Task Catalog (CTC) multiplied times the adjustment factor of: 1.0900 3.2.3, Other Than -Normal Working i-louts 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 specked in individual Job Orders against this contraot for the unit price sum specified in the Constriction Task Catalog' (CTC) multiplied times the adjui tment factor of: .1.0500 3:2.4. Other Than Normal 'Working Hours .Construction :with Architectural and Engineering Services:" , .Contractor shall perform any .or all functions called for In the ;Contract Documents and the individual . project Detailed Scope of Work, scheduled during other than normal working hours in the quantities specified in individual Job Orders against •this contract for the unit price sum specified in the Construction Task Catalog- (CTC) multiplied times the adjustment factor of: .1.0600' 3.2.5, . Normal Working :Hours Canstruction using Davis Bacon Wages: • Contractor shall perform any or all functions called for in the Contract Documents and the Individual project Detailed Scope of Work, scheduled during normal working 'hours in the quantities specified in individual Job Orders against this contract for the . unit price sum • March 2004 City of Miami Beach wool ID 2034 the Conlin Glow Page .Project Manual • • • r...•..•••••., •=•1•••••••••••• • specified in the Construction Teak Catalog (CTC) multiplied times the adjustment factor of: 1.0900 3.2.6. Normal Working Hours Construction using Davis Bacon Wages with Architectural and Engineering Services: Contractor shall perform any Or all functions called for in the Contract Documents and the • individual project Detailed Scope' of Work, scheduled' during normal Working hours in the quantities specified in individual Job Orders against this contract for theunit price sum specified in the Construction Task Catalog' (CTC) multiplied times the adjustment factor of:• 1.1100 • 3.2.7. Other Than Normal Working Hours Construotiori using Davis Bacon. ' Wages:' Contractor shall perforrn any or all function's called for in the Contract Documents' and the • indiVidual project Detailed Scope of Work, scheduled during .other than normal working ,hours in the quantities specified in individual 'Job Orders against this' contract for the unit price sum:specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: • 1.0900 • 3.2.8. Other Than Normal Working. Hours Construction- using Davis Bacon • Wages with Architectural and Engineering Services:'. Contractor shall • perform 'any or all functions' called for in the Contract Documents and the individual project Detailed Scope of Work; scheduled during other than normal working hours in the quantities -specified in individual Job Orders against this contract for the unit price sum specified in the • Constniction Task Catalog (CTC) multiplied times the adjustment • factor of: • , 1.0900 ARTICLE . . PROGRESS PAYMENTS 4.1. For Job Orders of duration of 45 days or less, the City will make only one final . payment. For Job Orders of duration of more than 45 days the contracto,. may make Application for Payment ',Or 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 • age56 City of Miamt Beach March 2004 cooyrighl • 2004 The Gceden Grow Project Manual ,and the amouht due, together With such supporting• evidence as may be . required by CITY. Contractor shall include, 'but same shall be limited to, at City's discretion, with each Application for Payment, an updated progress .schedule acceptable to CITY as required by' the Contract Documents and a release of liens and consent of surety relative to the work which Is the subject '-of the Application. -.Each Application for Payment shall be submitted in .. triplicate to CITY for approval..CITY shall make payment to contractor within thirty (30) days after approval by CITY of contractor's Application for Payment and submission of an acceptable updated progress schedule. 4.2.. Ten percent (10%) of all monies earned by contractor shall be retained by CITY until Final Completion and acceptance by CITY in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has Ibean 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 retalnage 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' .of reasonable .evidence • indicating'..probable 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 remadied. 4.'3.5. Liquidated damages .and ;costs 1nc'urred ,by _CITY for eXtended . construction administration. 4.3.8 Failure Of CONTRACTOR to provide any and all documents requlned • by the Contract Documents.. .March 2004 City of Miami Beach • oar»+o+n 0 2034 Th. Qadl.n am* Page 5'7 • • • Project Manual • • ' :ARTICLE 5 • • ACCEPTANCE AND FINAL PAYMENT : 5.1. Upon receipt of written•nolice from :contractor that .the Job Order is read • 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 ail 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'Paymenl,•contractor. shall delivor to the CITY a complete release of all Hensarising 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. lf,'after the Work has .been substantially dorripleted,••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 deal nes 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 ail 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, -. Page 58 City of Miami Beach Wnrgw o 2004 Ih. Oordlan arCW March 2004 • • • 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 Tarty 6erlefictaries: • Project Manual ARTICLE 6 . MISCELLANEOUS '6.1. This .Contract is• part of, and Incor brated in, p the Contract Documents as • defined herein. •Accordingly, ail 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 Cdriiract 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 corlstrtiction 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 asa contractor, supplier, subcontractor, or consultant under a t±onlract 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. .6.5.1: • Neither Contractor's or CITY Intend to•directiy or silbstantiafiy benefit • *a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their March 2004 City of Miami Beach .Page co 004 O 2004 TN Gordian Group • Prdject Manua! • 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 lag the party for whom it is intended at the place last specified. The plats 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 foliouirng For City: . City of Miami Beach Procurement Division 1700 .Couvention'Cebter Drive .. Miami Beadh,.Florida 33139' Attn: Gus Lopez With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor. Carivon 'Construction Co. 12171 Sw 131. Avenue Miauzi,Fl. 33180 Attn: ivonne..Mu>aue 6.7. ,Assignment end 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 2T 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, end services set forth in the Scope -of Work and to provide and parkin such services to City's satisfaction for the agreed compensation. Page 60 . City of Miami Beach March 2004 copyright 0 2004 The Gordian Group Project 'Manual 6.7.2. Contractor shall perform its dutle$, .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 to or on behalf of City shall be comparable. to the best local and national standards. 6.8 Materiality and Milkier 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.g.2. • Cify's' failure to enforce .an provision of this Contract shall 'net' 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 provls'ions 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 Ven•ue: 6.10.1. This Contract 'shall be enforceable 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 rlghts either party may have to a trial by Jury of any 'civil litigation related to,•or arising out of the Project. CONTRACTOR i .shall specifically bind all sub- contractors to the provisions of tills Contract. 6. f 1 Ameh'dmerits: • ' • • 6.11.1. No•modiilcation, 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: • March 2004 City of Miami Beach .Pago fit copyrkli 02 34 The Gordian GjA Project Manual Page 62 6.12.1. This document InCorpOrtates arid includes' -'all .prior negotiations, correspondence, conversations, ,agreements, and , understandings applicable to the matters contained herein and the parties agree •that there ;are no commitments, agreements . pr 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 betties' have set their hands'and seals the day and year first above written. .r MIAMI BEACH David Dormer, Mayor APPROVED ASTo FORM 8, LANGUAGE &FOR EXECUTION Date • City of Miami Beach 04,00102034 The Gordlen Group March 2004 • Project Manual CONTRACTOR MUST EXECUTE THIS .CONTRACT AS INDICATED BELOW. USE CORPORATION OF'i NON-CORPORATIONFORMAT, AS APPLICABLE. • (if incorporated sign be�wj ATTEST: Corporate Seal) [If not incorporated sign below.] WITNESSES: • CONTRACTOR (Signature and Title) (Type Name/Till Signed Above) (-)11 day of , 201-A i • CONTRACTOR By (Name) .1•1.1.1111•••••••• . (Signature) (Type Name Signed Above) day of ..CITY'ReQUIRES FOUR (4) FULL -EXECUTED. corthkActs, FOR DISTRIBUTION. March 2004 City of Miami Beach copyright 0 203e The Goalie(' Grove Page 63 ;KNOW ALL MEN BY TRESS PRESENTS, that we 12171 SW 131st Avenue, Miami, FL 33186 Carivon Construction Company . as Principal, hereinafter called the principal, andGreat American Insurance Company • •- 2701 Maitland Center Plcwy, N125, MaitIatd, FL 32751• a corporation duly 'Organized under the laws of the State of Ohio . •as Surety, hereinafter called the Surety, are held and firmly bound unto City of Miatp . Convention Center, 3rd Floor, Miami Beach, FL 33139 i Beach, 1700 . • as Obligee, hereinafter call the Obligee; In the sum of Fifty Thousand and XX/I00 Dollars. . - (S50,000.00) for the payment of which sum well and truly to be made, the said Principal and th•e said 'Surety, tyin dl ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. • WHEREAS, the said Principal has submitted a bid for ITB 14-03/04, Capitol rov Im • p ement NOW, THEREFORE, if the Obligee shall accept the bid 'of the principal and the' Principal shall enter into • Contract with the Obligee in accordance with the terms of such bid, and give such bond orbonds Al may be .; specified hi the bidding or Contract Documents with good And sufficient surety for the faithful erf ' a such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the . • event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall of • pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may In good faith contract with another partyto p ll • covered by said bld, then this obligation shall be null and void, otherwise to remain in full force and effect. perform the Work . Signed and sealed April 22, 2004. WitnesseN..---7" Carivon Construction Coin an • Great American Michael B Florida R aurance Com , an net, A oraey-In-Fact and ident Agent • (Se �j TERRORISM COVERAGE RIDER NOTICE -DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasuxy, under which the federal government shares, with the insurance industry, . the risk ()floss from future terrorist attacks. The -Act applies when the SecretaTreasury ry ary of the certifies that an event meets the definition of an Act of Terrorism. The Act provides that, to be certified, an Act of Terrorists must cause losses of at least five • million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part of Bond No. ' N/A ' , effective 'April 22 2004 In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates .. (including, but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance:, Company) is the surety. The United States Government, Department cif the Treasury, losses insured under the terms of the Act. The federal share eq will 0%a sthat�o n of the amount of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Policy covers certain -losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the•portion of your premium, if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. • GREAT AMERICAN'INSURANCE COMPANY® • Administrative Mee: 'S80 WALNUT STREET a CINCINNATI, OHIO 45202 • 513-369-6000 • FAX 513 723.2740 , • The number of persons authorized by this power of attorney is not more than THREE POWER OF ATTORNEY No. 017672 • KNOW ALL MEN BY THESE PRESENTS: ,That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and cxixdrg undo. and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint attorney - in -fact, for It and in its name. place and stead to execute in behalf of the suid Company, as uty, anyandell bonds, underor persons take gs andd below calumets lmu: and lawful rusts car suretyship, r otherwritlen obligations in the nature thereof: provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed under this authority shall not exceed the iimit sulled below. Name MICHAEL A. HOLMES GERALD!. ARCH MICHAEL BONET • Addresi . ALL OF IT. LAUDERDALE. FLORIDA Limit of Power ' ALL • UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the unorncyls)-in-fact named shove. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed rood nested by its appropriate officers and its corporate seal hereunto liaised this ! ISTAttest 2003day of JANUARY GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON • es On this 3IST day of being duly. sworn. deposes and says that he resides Insurance Company. the Company described in and said instrument is such corporate seal; that it was so like authority. DOUGLASR.SOWER (St3.3414attj �`- • JANUARY, 2003 . before me personally appeared i)OUGLAS R. BOWEN. to me known, in Cincinnati, Ohio. that he is the Divisional Senior Vice President of the Bond Division of Great American which executed the above instrument: that he knows the seal of the snid Company; that the sea] affixed to the affixed lay authority of his office under the By -Laws amid Company. and that he signed his Hume thereto by This Powernf Attorney Is granted by authority (Witte following resolutions adopted by the Board of Directors of Great Anierican insurance Company by unanimous written consent dated March 1. 1993. • RESOLVED: That the Dh•islon Prctidbnt• The Several Division Iit•a Pre.sirlerur and Assistant Vice Prrsidenrs, or any one of therm, he and hereby 1,r • . mahout:ed. firm Mae to time. to appoint one or mart Attorneys -in -Fact to accrue on behalf of the Company. as stucco; any and all bonds: crndvrraIings and • , contains t •f.srrrrri:sh ip. or other written abllgrtrlrrnr in the nanny Moroi; to ptnrr ribe their rr peetive duties and the respective limits r f rhuytr authority: and to revoke tout such appointment at any time. RESOLVED FURTHER; That the Crunpnrrvseal iced the signature of any of Me gfiorsnid a4irent and any Sect -ivory orA,sstsrrrnr Secretary of the ' Company may be affixed by fiwsbnile loony power of allantry ceisfficate gear, girenfOr the atecuritra g any bond. andenaking,o,ntrnvvarsuretyship. ,rr other written obiigeah ra In the neuerre Metroj..such .signatioe and seal when soused being hereby °MoptedLr rile Company as the original si.nnturt' njscrrh officer and the original .real ojthe Company: to be valid and binding upon the Company with the .same flare and era a.r,/swsgh mortally refixed CERTIFICATION I. RONALD C, IIAYES. Assistant Secretary of Great Amerlcan'lnsurnnce Company, do hereby certify ihft the foregoing Potvcr of Attorney and the Resolutions of the Board of Directors of March 1. 1903 have not been revoked and are now in foil force and effect. Signed and sealed Ibis 22nd day or April 2004 s aonT(nrorl • Construction Compa ny • _• April 22, 2004 Procurement Division - • .'City of Miami Beach 1.700 Convention Center Drive • Third Floor Miami Beach, Florida 33159 Re: IOC Bid for: Capital Improvement Project Bid/Joc Contract No: Itb 14-03/04 Carivon Construction Company has successfully been involved in J.O.C. work for the past three years with Metro Dade County School Board and presently holds a Capital Improvement Projects contract number 75.01/12 with the City of Miami Beach. Carivon is knowledgeable in 'all aspects and requirements of the J.O.C. program. The management team that will be assigned to this project it as follows: ' CarIos Hernandez General Contractor Project Manager Ivonne Murme Owner . • Accounting Melba Sanchez :Executive Assistant J.O.C. Data Entry Osvaldo Alfonso • Superintendent Manuel Gallardo Superintendent Sergio Nino Estimating Ifyou have any questions, please contact me at your earliest convenience.• Sincerely, • Carlos Hernandez Vice -President 12171 S.W. 131 Avenue /Miami, Florida 33186 / (305) 232-9024 / Fax (305) 232-9028 / E-mail carivon@bell5outh.net 3 Erosion Control 4 South MlartiPlaza Refrigerated Room 4l Ke,�rel 7 man Middle Sthnal G-01t2 $ 100,000 00 Dade Corny Put= School 8 Braddock l Srror Dt 155.8 3 35.000.00 Dade Pubic School a Mee Sdttot A0347A $ 400,000.00 Dade Cmnty Pabst Schaaf 10 Reildendal Shaaaae Mr $ 100.030.00 2C Pmpomes 11 ,Two Year Tenn, Guard Hanes $ 145.50040 prof Mend 12 . Ras,rfadrtg Pr11idB Let - 54e-93-118 3 13 Saw Homes 5048 s P.O. 038542 5445410004 18A a12201T $ $ $ S 15,800.00 Flodde keen University 74,00040 Mend Dade HUD 14 Single FamllyResided 15 4mew Gas Slate rWereloupe 16 Maw Pelmng Lot 171New Construction 18 Leone* Lewd= Carver 19,CangoOeararceCaner 20 ADA L1MRadaa 21 MterforRempyatlOna. - r 22 ‘5r. Lucy IntonedIntoned= Ceder 23 Hialeah Farmers Market 24 (Vega Haematite 25 US Coast Guard Bldg 614 m °Pbuneler Fatting Area Light 27 Interior Realodeingl Survival Eau/nett FaaNly NIA $ $ 10oA00.00 Med Dade AAA= Dad 210,000.00 IUS Cep alrEfirinems 364,220.00 V.& Medial Center Margret Srrith 400.000.03 kerbs Dade HUD Bernard Goldman 500,000.00 Guido Heetaraie2 Guido Hernandez 910,00000 Florida Dept ofTrarpPpdasan Ant Warren 170.000A0 U.S. Coact Geary Stan Waded 808,78700 Nand Dade Correcticual Cl Alder Bandana 275.172.00 Dept of Hemet $ Rehab MCC 94.08.05 $ 5O0.583.00 Aa14N Dade AwPa6an Dap William ton* Rkhard Vard i 6-6882 = 248.000.00 Ruda Dept ofTra sporhplms Am Warren s 1077.513.00 U.S. Coast Guard s 300.600.0o US cop orE,eak,.r,e $ 1233.09370 Cily of Hialeah _ • 550.000.00 , U.S. Coast t3eurd $ 1A67.301.71 U.S.Coast Gael $ 497.800.00 US cif Brahman $ 21t.Om-0o Sund0lnd Cate 1164.900A0 ' s Corp of Enpl mean 305425a346 Carlos Ha mad/= Ceder Hearaedez 305461-1863 Carlos Henr d= Canoe Hernandez Pamela 8ennen 305-554-2161 Cadre Hem . Carlos Hernandez RAtiryo Marano 385844520 h Carlos Harrwndez Carts Hamandez CJattde B Carbs Hemmen t /dos Hernandez Sngl Game . Carlos Hernandez Juan Breda Judo Alvarez 30599s 420 rCarloe Hernandez Arlo Alva= 30540S-5420 Carlos Hernandez z Carlos Hernandez Carlos HHntandez Arco Ah rez 305495-9420 Carlos Hernandez Carlos Hernandez Carlos Herrera 305+362-1864 Carlos Heetrard= Carlos 14emardra Pules Works Cad= Herne dez Leh Garda 305-324-3281 Cates Remands¢ L. 4s Garda 3054484424 Carlos Hernandez Lars Garcia Nome Manse 305470-5440 Carlos Hernandez 30543ei135 Carlos Hernandez 305-2531400 Cad= Hempmdez .305445173a Carlos Hernandez 305.800-1275 !Carlos Hamad= 305470-5440 Cad= Harand= SianViasirrk1 305-2714700 Carlos Hewer= Randy Edney 904-232-1150 Carlos Here del Carlos Leonard 305-883.5011 Cados Haman/fez StanWishati Madan Hwrilev Rota Berg Bet Gallagher Mime Brea 305-27t-0700 Carlos Hernandez 3052584795 V5-2231000 ,305-2504715 Carlos Hernandez Carlos ►16narde■z fCados Hernandez Carlos Hernandez Ltis Garda Luis Groin Reneationto Cavev k*ran Room ADA Upgrade/As AhatementiRenovarn Paring Reseralle droller Erosion Cori= Renovation tot Inatallallon of 4000SF Refilperadon Roan Mew Corrsfiudlon of bog Kennel Remade; to GldsiBoys Loader Roans ADA Upgrade to Portables Rerevatioe io Cocirel Tinder e1 Slmchrrea of Residerdal Homes 10 New (ward Hope through cut ,fie Pa+Aing LoVADA Upgrade Jul-91 Sep4 Jri41 Sep41 t2 Jul-02 Renovatio $ to Realderrnd 8ullearig Arly41t Mar-05 lNewCanebudiau cf Gas StatiorerWarahqusa Mar45 New Paaldng tat New S er ie Residence Caddy Ck m Maw Conuae5pn and FBerevation to Editing Carlos Cicero RenandordADA Upgrade - Cadre CCoera Renovation lo Edda; Parkbrg lot Carlos Cicero City Wide Hand Carp Upgrade/ Juan Bea= RopeBe Sandoz Rravasm lo Wishrlr red bananas Mew R.easahto al Balding - Herbert Smith Keeled Reekvalon • Juan Shade New 20 tt 12 weer mal&Brtdge Restoration Juan Bum 'hied=HeaadeemotDorms Sandia Rennvt6ptt to 5 Buildegt Cares Chem htrealor Remodeling ofONO= Remora Sachet Mew Tower • Men Jun-05 • Aug-06 Ca1-06 Oct-00 Nar47 i CARIVON CONSTRUCTION COMPANY ORGANISATIONAL CHART JOC CAPITAL IMPROVEMENT PROJECT ITB 14-03/04 Carlos i-ferraidez Project Manager I• Administration Ivorrne Munne Melba Sanchez ( %PILL!) PIA 1 1.1JU.1 1'0 l• tv.u/Il'J. 't 10 pRoncr DIRIAGiR • • He will expedite and coordinate day-to-day project operations to ensure the project goals • are attained. He will directly manage the construction and will be involved from early development stages to project completion. He will manage preparation of all document • control systems, review construction documents, maintain the project scheduling program, monitor and evaluate cost and schedules, coordinate construction activities. stimulate quality work from subcontractors, prepare payment requisitions, monitor and direct field activities, coordinate day-to-day activities with the City of Miami Beach and • consultants, conduct weekly Owner progress meetings, establish and maintain quality control, safety programs. He will also secure owner acceptance of any scope changtis), • conduct pre -job and on job meetings plan major construction operations and sequences. $11PERV1$01It • • • He will assist and coordinate scheduling activities throughapPlication of diversified controls, He will plan, assist in the preparation of planning and scheduling inoluding initial schedule and bar charts. He will interface with Project Manager, City of Miami Beach, and Subcontractors on all planning and scheduling related items including • Carivon's reporting requirements, progress status, new impacts. • He will assist and prepare detailed cost estimates together with the estimator, tracking costs during construction, he will review and incorporate historical data from purchase orders, subcontracts, productivity analysis reports, etc. Into unit and man-hour figures. He will review proposal specifications, drawings attend pre -bid meetings etc. to determine scope of work and required contents of estimate, and will prepare estimates by Calculating complete take-ofrs of the scope or work. He is responsible for maintaining files of working documents as back-up for estimate figures, interfacing with the City of Miami Beach and subcontractors to provide, if applicable, engineering and cost data regarding project feasibility. ESTIMATOR . . • The project estimator is directly in charge ofproject estimating. I-Te will visit the site • with the Project Manager to review specific scope of work in details. .Estimator will • apply correct line items from The JOC Item Book to submit cost proposal within the • allocated time. X'ROJECT MANAGER • He will expedite and coordinate day-to-day project operations to ensure the project goals are attained. He will directly manage the construction and will be involved from early - • development stages to project completion. He will manage preparation of all document control systems, review construction documents, maintain the project scheduling program, monitor and evaluate coat and schedules, coordinate Construction activities, stimulate quality work from subcontractors, prepare payment requisitions, monitor and direct field activities. coordinate day-to-day activities with the City of Miami Beach and . consultants, conduct weekly Owner progress meetings, establish and maintain quality control, safety programs. He will also secure owner acceptance of any scope changets), conduct pre job and on job meetings plan major construction operations and sequences. SUPERVISOR& • • He will assist and coordinate scheduling activities through application of diversified controls. He will plan, assist in the preparation of planning and scheduling including initial schedule and bar charts. He will interface with Project Manager, City of Mianai Beach, and Subcontractors on all planning and scheduling related items including Carivon's reporting requirements, progress status, new impacts. He will assist and prepare detailed cost estimates together With the estimator, tracking • coats during construction, he will review and incorporate historical data from purchase orders, subcontracts, productivity analysis reports, etc. Into unit and man-hour figures. He will review proposal specifications, drawings attend pre -bid meetings etc. to determine scope of work and required contents of estimate, and will prepare estimates by • calculating complete take -offs of the scope or work. He is responsible for maintaining files of working documents as back-up for estimate figures, interfacing with the City of Miami Beach and subcontractors to provide, if applicable, engineering and cost data regarding project feasibility. ESTIMATOR • The project estimator is direotly in charge of project estimating, He will visit the site with the Project Manager to review specific scope of work in details. Estimator will apply correct line items from the JOC Item Book to submit cost proposal within the • allocated time. • • JOC BIDFOR CAPITAL IMPROVEMENT PROJECT CONTRACT NO: ITB I4-03/04 • Project Initiation to Project Close Out . . • • City of Miaini Beach informs` Carivon that a specific • project has been assigned. • . . • . Set up a site visit with the City of Mlami Beach JOC _ . Project Manager to review scope of work. Including , • procedures, specifications and measurements. • " • • . • • Request plans from Owner for project.estimating, if • available. • • Estimate project and assign line items to the project ,scope. • • • Items notfound in the JOC Book will be assigned as a • non .pre priced item which will have three proposals • attached for comparison: • • Owner will meet with Carlvon's Project Manager and estimatorto review•scope as well as proposal. • Corrections of agreed line items, quantities and specifics .. will be corrected and resubmitted for approval. . • Owner will initiate a Notice To Proceed. • • Submit product data and submittal§ for approval. • Construction will commence .and completed by the time allocated. . • A notice of Substantial Completion Will be submitted to ...the Owner. • Asite meeting Will be conducted to generate •a punch list of deficiencies for corrections. • • Notify Owner of Project Completion.. • Owner to conduct second walk thru to confirm punch.list items have been completed. 11�rrY1111 • r yV V •1 V 1 V/ V I• 1 V i 'WV/ 11VrV V L 1 V 1 1a.1 V 1 V • .. Complete Certificate of Completion forms for Contractor, Architect and Owners signature, if applicable. Through out the progress of work on a monthly basis, Carivon will submit an Application for Payment with all related documents for payment. . As per the attached Organizational Chart, Carivon has the staffing for multiple and emergency projects. All employees- have been employed by Carivon for several years and has the required experience needed for this project. Carivon has successfully completed several projects under the JOC program with Miami Dade County School Board simultaneously with The City of Miami Beach with no deficiencies. •• ...,n��r1'01%1 •41 4.0v, 'Iv.'r,,ur, rJ J7/14V, UOLiV91Gi0 r 0 Carlos Hernandez ' '12171 SW 151 Avenue • Miami, ,Florida 33186 • 305-232-9024 WORK EXPERIENCE: CHIEF PROJECT MANAGER/CHIEF ESTIMATOR January 1991-'Preseii,t CARIVON CONSTRUCTION COMPANY Miami, Florida Co -Founder and Vice President. Responsiblefor the development and execution of construction/ground up/design/build projects including prime contract negotiations; preliminary cost analysis, bid preparations, subcontractor negotiations and buy-outs, project schedule for labor and materials and subcontractor budget monitoring. Preparation of payments requisitions and project close-out. Supervise personnel on multiple projects including job superintendents, subcontractors, and internal labor forces. Oversee all estimates. EXPERIENCE; Miami Dade County Public Schools September 11, 2001 to Present JOC/Maintenance #JOCO1-Central 3 City of Miami Beach April 24, 2003 to Present JOC #jOC#75,01/02 Citywide Sce attached list ofprojects completed and in process M&R PLANNERS PROJECT MANAGER Estimated coat for this project $2,500,000.00 34 Single Residential Homes EDUCATION: March 1987 r February 1988 • High school Graduate . . Miami Dade Community College, ' Construction Management State of Florida, General Contractors License, 1987 ' US Army Corps of Engineers, Construction Quality Management for Contractors • ....,1.'I1'1 40 r.'vv-r iv.taoCui. V00,1.141410 r Ivonne Mivane . • 12171 SW 131 Avenue Miami, Florida 33I86. 305.232-9024 WORK LXPERIENCE: Controller/Asst. Project Manager CARIVON CONSTRUCTION COMPANY Miami, Florida January 1991- Present .• • Co Founder and President. Responsible Tor; Public Relations; Construction from '- Conception to Completion, Job Costing, Develop/Monitor Project budget, Prepare all Project Reports, Prepare all Financial Reports, Accounts Payable/Receivable, Sales, Marketing, Advertising, Organization of staff, Bid Preparations, Soliciting Bids from Subcontractors, Subcontractor/Vendor Request, Preparation of Payment Request to Owners, Project Close Out, Change Orders, Purchase Orders, Responsible for Loans/redit Lines, Payroll, IRS Documentation and all Legal Issues. • EXERIENCE: • Miami Dade County Public Schools September 11, 2001 ' JOC/Maintenance #J0001-Central 3 City ofMiarniBeach • , April 24, 2003 to Present JOCI#75.01/02 Citywide •• See attached List of projects completed and in progress. • Chief Sales Adrriinistrator • Dean Witter Reynolds Miami, Florida • Sales Administrator Merril! Lynch, The Falls • Miami Florida EDUCATION: High School Graduate . Miami Dade Community College, Business Administration 1 February 1985 -- May 1989 • January 1984 — February 1985. omu/mni i LUVM i).41/Ji. I0.4V/riV. DJ.4IU4tYIO e d Osvaldo Alfonso 12171 SW 131 Avenue Miami, Florida 33186 305-232-9024 SUPERINTENDENT CARIVON CONSTRUCTION COMPANY Miami, Florida May 1998 -' Present ' Over fifteen years experience as a construction professional with a solid record of '- consistently completing projects on time and under budget. Successful experience in motivating and direction divergent personnel and agencies toward a cooperative effort on projects. Possess management attributes required to foresee and react to problems through communication and documentation. Over 15 years experience of successfld. projects with various South Florida Government Agencies. EXPERIENCE: Miami Dade County Public Schools September 11,2001 to Present JOC / Maintenance #J0001— Central 3 City of Miami each April 24, 2003 to Present IOC #75.01/02 Citywide See attached list of projects completed and in process GARCIA-Ross CONSTRUCITON December 1984 -- November 19911 SUPERINTENDENT EDUCATION: High school Graduate US Army Corps of Engineers, Construction Quality Management for Contractors 1 .,.....,. e • ••. • e • I V I . . • . • . . Sergio Ninb • 12171 SW 131 Avenue • • ,Miami, Florida 33186 •• • 305-232-9024 Asst Estimator • CAR1VON CONSTRUCTION COMPANY Miami, Florida . March 1998 Present • Responsibility include:. • Assisting Chief Estimator, Process MonthlyConstruction • Summary, Maintain Change Order Log, Shop Drawing Logs, RFI Logs and Construction Cost Logs • Experience: . • Miaini Dade County Public Schools September 11, 2001 to Present JOC/Maintenance #70001 — Central 3 City ofMiami Beach • • 'April 24, 2003 to Present • JOC #75.01/02 Citywide • EDtICATION: • • High school Graduate •• . Miami Dade Community College, Presently Attending • rrivm ; krifwilAr. b1U�14 7;�:q1/5I' Ird9/Nh; d 11U411113 I'•1l 't ins O..w., gar AvrnWr 'Miami. 0 , Monello 63157. • eccwtATioaoLcoMI Ou0dOtAinr OF .. • l*toogiva exp,fi$ ,ic. in -aroiiitec l deem n dam' • : • • ouAi� tlotisi p dwybn And muwrm.m, asw,ij ae strronatfad • peoauto ,o aapon�ble for the deaf n of experience. • 0 both r�eaWanlial and commerdal 1roligs. including: cu lom luxury nomaa, low and high rise condominiums irnd • apartmerd coropioxss, cargo and ofllc• facllhles at Into Airport, schools. ACME'*, shopping centers, office buildings andonal r staurarite. UgC Inspector. • • f0iriwe Arc! • Dade cU*ch'Cock Mintier ot�e ,.9tigt-1eijil.. ' -riiw. c+ rnplaut hiMaiIIK1o11V M IWI fL Kelairli r' . �J�ot MOaiq t . • • f, Metro Dade Transit Autlgrigr . Miami International Airport ' ' Nigerian Atm FactiAloo. I vt4.19 7 ... .J :. a r r• s' s,bs, 1ne 'rise M. Cov.1 a orivi„ F� ■ 'Fisher ietand�rr/C�o �r • by.nd Fox gludioa ; '8ydn.y, iliatralla. 'lilk.1404 •• • AieWfl a' 0ti'wi1 • K AralW�eti County schools' AM 1ng la MAii•tsa, otac• f'!>i a lia • A& 1t92 E ms, Coi'art Oribiiyr�'lal. Tabpoyry oADp Irwiierretitlo'arid irrodOOt 1 I ,M IN • • .r • . MtWMAY b zUU4 13:41/ST. 13:39/NO.6321041218 P 13 1991-1002 • Piargiori'esisslita, Media it FL Prd}dbat Yanagor Oath CO+urlyScnoolss . 11}tiP:iNOt1 • • . 5.ardy & Babcock •Iiic Coo..nat dra^Vwy FL • senior Draftsman . Fisher Wend • 194440ff David 414 rilinfrari, Arabit+ot, P:A Mian FL . • • IProjact Aniblidat, -OS.iih and Prodvativn . • low and high rise oondoinlnlums 1 oe%19!!e entiiporidlint »:.Ijwsrlilrirthns.a • • . • Worked with Deeigned Engineering Servkc • -Thornea N. Mexweil Jr., P.E. (Consulting Engineer) 19a7-168e • OIin16.ANsn briar awed II#soalatis Mi�riilli yli... Deakin and Prod.vilon • 1 olio-1 M4 • Stirrird i skinner, Arahlt.cta Illluni, FL . Design and Production . Miarnl internedoreal airport • • 1953.16 5 ' Areblhaitrrrii Dary rs/i"Iranwota Mlaniii, FL • D.sign and Production ' ul 314t xrn fir., rrot*ntrztitkiirti of the warn air his. trinfrire.un Pet %Watt thr b.r.grer nF with nil theri hf ,itintaro tistir. .fin witting*��''�'� • whereof, tire* etire ilititiervitg nub lite.oi - s of fire Preisibent ankt the Bean are (gitreen at +Cerra Gall -Leo, :floribra, • �n«irrn� 'v cuwi iu.ticjua.'i.!'.uif/IYV.uuGIVM1G10 r IJ Florida Deporoma t otFd cAilOo use' ancruficar OF COMPLYANC8 Is to certify . SAEID DOWLATI . . U certlllad so coa t ct UDC Iaryectlesu of ku�l�c DdRcetlae#t isenttlee preserlb la s. ULU, I.S. sad •. Ma of the State Dowd of Umatilla V.Ji&i 141400: w 411-31-1004' �� .363446 • t Ivan Figueroa %in. I'f(U, a CUL '10.4[/01, IS.4V/IV1). DJCIU91(10 r ID ' 4240 S.W 4th et. .... ' phone (30i)'lM1-0A00 • ' Mimi FL 33134 ~ Fax (305) 631-1499 • Evrat13400mKlalbelhoutkaat - • • 04jeC iVe Use my knowledge and experience to benefit your company ' Education .1981-1982 New York City Tech.College ' Brooklyn N,;Y. Electronics techndbgy 1 Received no degree • Work . DIC 2003- Present Carivon Construction' • Miami Florida experience - Project Coordinator . . . Coordinate Sub -Contractors work, maintafu4'work progress sheets, . prepare pre -task plans for safety team, organize and attend general contractor meetings help maintain safety program, FEB-2003 — DIC 2003 , . ABC. Constriction - ' Miami Florida Safety Manager-- Carpeiter ' Coordinate employee safety pro am In Miami International Airport to abide by O.H.S.A. standards. Imp1ernent training program, accident • prevention and protection OCT 200I -- FEB - 2003 Figriro Construction . Isabela Interior •Contractor Construction of drywall partitions, acoustic drop ceilings, ceramic and Lixtalivat tiles and general interior construction. Maintain a safety program for ruy employees to follow. •FEB-2001'-- OCT 2001 Acntec Sp'eelalty Systems•CaroIirla P.1Ft. •Supervisor . • • . • Supervised installation of acoustic ceilings and drywiall•parti#ions in Up • John Pharnacia, Nicorette production building and Luis Munios Mstrin International Airport. %nLu)von i 4'uvy.'1V.wL/�I. ld.UJL It191L10 r ', I.'...,.... • 4140 S.W.41h rk 1411sd FL.33134 Ivan oa Pisa* 003) 441.2400 • Fax (303) 43 1.1499 ' Pigtail 2400rotvf@balIsOut lame •.ObjeC e . Use my knowledge ant1 experietiOe to benefit your company Education . ' 1981-1982 :New York City Tech. College • Brooklyn3JuY. ' • Electronics technology • . Received nn degree Work •DIC 2003- Pxegent •Carivo* CoasnnietIon • Miami FIoirlda• . experience . Project Coordinator . . Coordinate Sub-Coatractoig work, maintain work progress •she ts, . . preps pre -task plans for safety team, organize and attend general contractor meetings help maintain safety program, . FEB-20.03 — DIC 2003 1...ABC. Construction Miami Florida Steely Manager — Carpenter ' •. Coordinate employee safety prograin in Miami Into ational Airport to . abide by O.H S.A. standards. Implement training program, accident prevention and protection. , . OCT-2001 — FEB -- 2003 ' Figaro. Co.siructloa , . Isabela PAL • Interior Contractor • • • • Construction of drywall pardtions,'arousfic dro Ceilings, ceramic Linolium tiles and general interior construction. and Maintain a safety ptograttt for my employees to follow, FEB-200X — OCT- 200I Acutec Spcclalty Systems Carolina FA; • Supervisor Supervised installation ofacotxstic ceilings and drywall partitions in Up • 'John Phamacia, Nicorette production building and Luis Munios Marin International Airport. . MAR-2000 —.AB- 2001 Caribbean Ind. Const; 4uyanabo P.A„ Assistant Supervisor . Supervised installation of drywall framing, gypsum board, tiles, doors, door frames, acoustic ceilings and general interior construction at Merck Sharp & Dome Pharmaceuticals and Hewlett Packard, San Juan Puerto Rica, Coordinate employees safety to abide by OSHA salldards. • • • 1 . , • /. . . . . • • • ' ' •.• . . , : :, 1 . . , . . . . .. . . . , . • . • , . .A.71.-1994;-- .41.1G. 1999 : Radteci, inc.' • ' . • Gua pleb() P.R • • Stiles and Distribution . ' • • - • • . . • . .. Sales and distribution of radiator and radiator etipplies, reorder applies ' and deriver merchandise. APR —1987 —AIL- 1994 • & A Clare Coast. ' Brooldyn Assistant Manager Supervise and Install dry -wall framing, gypium board, tiles, doordoor frames, acoustic ceilings and general interior construction. • ExtivICUrnicular • activftles . .Accreditition's and licenses Fishing,Computers, cooking and carpentry. OSHA 500 certified Trainer, competency tridning in scaffolds, fall protection and excavations, completed basic training in CPR and First Aid, Aerial work platform safety course completed powder actuated tool certified, read construction plans, set interior layouts References available upon request. t• This is the front page of the performance/payment bond issued in compliance; with Florida Statute Chapter 255.05 Surety Name: Great American Insurance Co. 2701 Maitland Center Pkwy, #125 Maitland, FL 32751 407-667-0022 Bond Number: 4175327 Contractor Name: Carivon Construction Company 12171 SW 131 st Avenue Miami, FL 33186 305-232-9024 Owner Name: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7490 Project Number: 14-03/04 Project Description: City of Miami Beach, kb Order Contract: Capital Improvement; Project Project Address: Various Locations, City of Miami Beach, Miami -Dade Count y, ty, Legal Description of Property: Various Locations, City of Miami Beach, Miami - Dade County, State of Florida This is thefrontpage of the bond. All other pages are subsequent regardless of the pre-printed numbers. 00710 FORM OF PERFORMANCE BOND BY THIS BOND, We Carivon Construction Com an as Principal, hereinafter called CONTRACTOR, and Great American Insurance Company as Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, hereinafter called CITY, In the initial amount of Two Million Dollars ($2,000,000), for -the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, WHEREAS, CONTRACTOR has byawtittblS agFeement entered into a Contract, Bid/Contract No.: I4--03/04 21st awarded the day of IlaY 20 1:)4 with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specificany include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; �Project Manual Bond No. 4175327 THE CONDITION OF THIS BOND Isrthat ifiQCNNTRACTOR, t, Performs the Contract betwei nICIO'N-fitACT ' Job Order Contract Ca ital Im rovements F� a d TY for construction of made a part of this Bond by reference, at trojnec a Contract being prescribed in the Contract; and he times and In the manner 2. Pays CITY all losses, liquidated damages, expenses, cos fees including appellate proceedings, that CITY sustains as as sut oattorneys f default by CONTRACTOR under the Contract; and 3. Performs the guarantee of an work and materials furnished under Contract for the time specified in the Contract then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL ,17g CE AND EFFECT - Whenever CONTRACTOR sllail.bef And, declared by CITY to be, in default under the Contract, CITY''havi'ng4P'gorrned CITY obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or March 2004 City of Miami Beach poDrrgai 9 20D4 Tho Gwdbn &OU, Page 65 Project Manual 3.2, Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents; and upon determination by Surety of the lowest responsible Bidder, or, if CITY elects, upon determination by CITY and Surety Jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and CITY, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) •sufficientt 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 thelContract.and any amendments thereto, less the amount properlyp'aidli G4TY:to•CONTR,4CTOR. 4. No right of action shall accrue on this`�bo d fo or for the use of any person or corporation other than CITY named herein. b. The SLirety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalltles connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this 8th ray;of� ,June Page 66 ••' t . •J', ¢ i . • 1. 0, City of Miami Beach capopro o 24104 Ihe Caabn @recn 04 March 2004 WITNESSES: 1)\MLL2 )1\013 Y ( ecr tary) (CORPORATE SEAL) IN THE PRESENCE OF: March 2004 Protect Manual .Carivon Constriction Company Name off',eSdratgn) pJ' (Type Name/Title'Signed Above) day ofJl t 1 20 C14 INSU- NCE OMPANY Grea i erf = f I saran e Company By NLich-'Et$onetttorney-In-Fact and Florida 5900 N. Andrews Avenue, // 300sident Agent: (Address: Street) Ft, Lauderdale; FL 33309 • (City/State/Zip) Telephone No.: 954-776-2222 City of Miami Beach Page 67 copyr1 10 2004 no Galileo Group Project Manuel Bond No. 4175327 00720 FORM OF PAYMENT BOND BY THIS BOND, We Car±von Construction Company , as Great imerican Principal, hereinafter called CONTRACTOR, and Insurance Comoanir as Surety, are bound to the CITY of Miami Beach, Florida, es Obligee, hereinafter celled CITY, in the amount of initial Two Million Dollars ($2,000,000) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executor, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: 14-03/04 awarded &he' 1st day of M Y , 20 °IL, 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 proceedingsaithat cpITY sustains because of default by CONTRACTOR under the Contract and 2. Promptly makes payments to ail 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 SHALT. 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 t si unit, received payment for its labor, materials, or supplies shall, yAQ'{fll;,fOrty+-five (45) days after beginning to furnish 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 Page 68 City of Miami Beach cc Pu 0 ?oo.1t* Gcrdi+n Gray) t r: .of rt . r r..�a t�h •.: .. • ^ March 2004 Project Manual delivery of the materials or supplies, deliver to CONTRACTOR aind to the Surety, written ,notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3, No action for the labor, materials, or supplies may be instituted against CONTRACTOR or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given, 2.4. Any action under this Bond must be instituted In accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and comp tian a gk3iponcompliance with any formalities connected with the Contract or the changes"does not affect the Surety's obligation under this Bond. Signed and sealed this • 8th day of June , 20 04 WITNESSES: T a dhrwvwb (Sbcretery) (CORPORATE SEAL) IN THE PRESENCE OF: Carivon Construction Company Name of Co rpe atIon) , .+ ••••,_• 1Ft$ :I. . 1 ,. (Signature and Title) ype Name/Tifle Signed Ab sLP Irysu . CE O, iBANY r!ca� ?A ancg Company By A • ent and Attorney-in-F t and Florida : ;� ....1 Michael Bonet Resident Agent • .;:;,•, r L5900 N. Andrews Avenue, # 300 (Address: Street) Ft.. Lauderdale, FL 33309 (City/State/Zip) Telephone No.: 954-776-2222 March 2004 City of Miami Beech . Page 69 copyryh D 2034 7h, Gcedirp Oro) Project Manual 00721 CERTIFIC TE AS TO CORPORATE PRINCIPAL 1, _ (YIt & f> , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance arid Payment Bond (Performance Bond and Payment Bond); thatO naA1: • NI S,e? who signed the Bond(s)•on behalf of the Principal, was then \I. P • of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. fi l + F (Seal) as Secretary of NC('-‘ . (Name of Corporation) (SEAL) STATE OF FLORIDA ) )SS COUNTY OF MIAM1-DADS ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared I\CMC K1.nto me well known, who being by me first duly sworn upon path_sa �s' Eh t. 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 Crl n day of My commission a MELBA E, SAKCHEZ i Notary !VW - Stab/ of Ras ` MyConrrisbriBOTAM417,31CS Commlaalon 1 00120176 �- s�•;: r Atioaol NOtIrYAutl. . 4; a N. ' $ : onde'd Notary Public, State of Florida at Large by Page 70 City of Miami Beach copyriah P 74144 7N Gw011,1 G+OUP March 2004 TERRORISM COVERAGE RIDER NOTICE -DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary ofthe Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that, to be certified, an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part of Bond No. 4175327 , 'effective June 8 2004 . In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including, but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company) is the surety. The United States Government, Department of the Treasury, will pay a share of terrorism Losses insured under the terms of the Act. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention, This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-389-5000 • FAX 513.723-2740 The number of persons authorized by this power of attorney is not more than THREE No.017672 POWER OF ATTORNEY• KNOW ALL MEN BY THESE PRESENTS; That the GREAT AMERICAN INSURANCE COMPANY. a corporoIi,on organized and existing under and by virtue of the laws of the State of Ohio. does hereby nominate. constitute and appoint the person or persons named below its true and lawful ettorney- in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name MICHAEL A. HOLMES GERALDI.ARCH MICHAEL BONET Address Limit of Power ALL OF ALL FT. LAUDERDALE, FLORIDA UNLiMITED This Power of Attorney revokes all previous powers issued in behalf of the attorncy(s)-in-fact named uhovc, IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 31ST day of JANUARY 20(13 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO. COUNTY OF HAM ILTON - ss: DOUGLAS R. BOWEN (67;136Y•3$11) On this 31ST day of JANUARY, 2003 , before ma personally appeared DOUGLAS IL BOWEN. to me known, being duly sworn. deposes and says that he resides in Cincinnati, Ohio. that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Coinpany, the Company described in and which executed the above instrument; that he knows the seal date said Company, that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws or said Company. and shut he signed his name thereof by like authority, This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I. 1993. RESOLVED: That the Division President. the scyernl Division Vice Presidents turd Assistant lrtc•e Presidents. or an,v one of tl:cm be and hereby is anllu,rited..j,unt rime to time to appoint one or more AlwUr'me4.r-in-Ma to erector on behalf of the cwnpanr. nr Slmei): any and all lbrnrds, undertakings .and contacts of sureriship, or'other written obligations in the nanny Moroi:. to pesc:r•ibe their,tsperrh+e duties and the respective limits of their anrhorirh;. arnrl ar revoke rury such aplurinune,u at any time. RESOLVED F1UR'i'NER: That the Company seal rind the signature of any of the r fotesoid oOit es; and any Secretary or Assistant Seat -any t f the Conypatrp mar be affixed by facsimile ra any power of attorney or certificate of either given fir. the execution of any bond. tmdertaking, contract or. su sty,rhip. ur other written obl igatic m in the nanny thwyof such ,signature and sod when soused being hereby adopted by the C'onrprmy as the original siguaiaa of such re'rxr and the original seal of the Company. to be valid and binding upon the Company with the same fc:rc•e and gprect as lhnngh'mutually affixed. CERTIFICATION I, RONALD C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Di rectum of March 1, 1993 have not been revoked and are now in lull force and effect. Signed and sealed this 8th day of June • 2004 S 10297 (11101) • Project Manual 00708FORM CERTIFICATE OF INSURANCE INSURANCE CHECK LIST X 1. . Workers' Compensation and Employer's Liability per the statutory limits of the State of Florida. • . 2. Comprehensive General Liability (occurrence' form), limits of liability $1,0Q0,000.00 per occurrence for bodily Injury property damage to include Premises/Operations; Products, Completed Operations and Contractual Liability. Contractual Llabillty and Contractual Indemnity (Hold harmless endorsement exactly as written In insurance requirements" of specifications). .AV.AVi 3. Automobile Liability - $1,000,0170 each occurrence = owned/iron- . owned/hired automobiles Included. 4. Excess Liability - $ ' .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured 'on the liability policies; and it must be stated on the certificate, )(XX 8. Other Insurance as Indicated: Builders Risk completed value $ : ,,00 Liquor Liability Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 )(XX Professional Liability $ 50.0QQ.00 XXX 7, Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the Quote number and title VENDOR AND INSURANCE AGENT STATEMENT: • We :understand the insurance Requirements of these specifications and that' evidence of this insurance may be required within five (5) days after Bid opening. • Contractor Signature of Contractor Page 64 City of Mlaml Beach copyrightO 2[91 rn. GGMi.n Grow March 2004 ACORD„ CERTIFICATE OF LIABILITY INSURANCE o OID x DATEIMMIDDNYYY) CAR V-2 0 08/04 PRODUCER Brown & Brown, Inc. 5900 N. Andrews Ave. ##300 P.O. Box 5727 Ft. Lauderdale FL 33310-5727 Phones 954-776-2222 Fax1954-776-4446 THIS CERTIFICATE 19 ISSUED AS A MATTI"R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR _ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE '--" NAICIII INSURED Carivon Construction Company 12171 S.W. 131 Avenue • Miami FL 33186 INSURER A: Nees! owe tumult Anne courAnY• INSURER B: INSURERC: INSURER DI INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INUPE LTR IN8RG TYPEOFINSURANCE POLICY NUMBER PDLCMMIDY PE APtbrAN LIMITS A X GENERAL LIABILITY CPP13026501003 04/01/04 04/01/05 EACH OCCURRENCE $ 10 0 0 0 0 0 X COMMERCIAL GENERAL LABILITY 41EM5E$(Eaocc c,) $ 50000 CLAIMS MADE © OCCUR MED EXP (Any one down) $ 5 0 0 0 PERSONAL 8 ADV INJURY $ 10 0 0 0 0 0 GENERAL AGGREGATE $ 2000000 GENT AGGREGATE LIMIT APPLIES PER: —1 PRODUCTS.COMPIOPAGG $ 2000000 POLICY Ii I yea Il LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CA20135420102 /j^'"� r/;/ / 04/01/04 y''• i ( 04/01/05 {Ea acdden OMBINED 81NGLl1 LIMIT V $ 1, 000 0 000 �• X BODILY INJURY (Per per) $ BODILY INJURY per eedden1)— t PROPERTY DAMAGE (Par acddenl) $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT $ R OTHER THAN EA ACC 3 AUTO ONLY: AGO 1 EXCESSAJMBRELLA LIABILITY EACH OCCURRENCE $ DOCCUR E I CLAIMS MADE AGGREGATE 8 DEDUCTIBLE RETENTION $ 1 _ $ A WORKERS COMPENSATION AND EMPLOYERS' LIAIIIIL TY ANY PROPRIETORIPARTNERIEXECUTNE WC20083630101 OFFICER/MEMBER EXCLUDED? U- yes, daunt* S SPECIAL PROVISIONS below 04/01/04 -*Mal TrQJH• TORY�IMITS i ER 04/01/05 E.L. EACH ACCIDENT $ 500000 E.L. DISEASE • EA SUIPLOYEE $ 500000 1 E.L. DISEASE - POUCY LIMIT $ 500000 A Owners & Rath 0(c. ' Contractors Policy GL2006887000000 02/1S/03 07/01/04 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES! EXCLUSIONS ADDEO BY ENDORSEMENT 1 SPECIAL PROVISIONS City of Miami Beach is listed as additional insured in respects to the General Liability in regards to Job Order Contracts Capital Improvements Projects, Bid #s14-03/04 500,000 500,000 CERTIFICATE HOLDER CITY OF City of Miami Beach Risk Management 1700 Convention Center Drive Miami Beach FL 33139 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 8CI SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTII OR REPRESENTATIVES. AUTHOR RES TIVE (CORD 25 (2001/08) 0 ACCORD CORPORATION 1988 FROM JIi4-1e-2ee4 18:58 1 ) Ic \\• 11 - - 1 t'\\ 1 1 { BONDS Mrs., Ivonn.e Munne Carivon Construction Company 12171 S. W. 131 Avenue Miami, FL 33186 Re: City of Miami Beach Job Order Contract Capital Improvements project (FR1)JUN 11 2004 8:46/ST. 8:45/N0.8321041606 P 2 Brown & B 5900 N. Andrew Avenue, Smite 300 (Zip: 34 P.O. BOX Fart Luudcnilale, FL. 3331 - e ; , f. 9541176-2222 I. FAX 954/77 1J. ' 5tw'iida 1=BOOV339'31. f • Dear Ivonne; It is my understanding that Professional Liability Insurance may be required for the above referenced project, This coverage is available for contractors such as Carivon Construction Company. ..• ifand when the professional liability exposure becomes present, we will ba in a position to offer the necessary coverage for your firm Please contact Me with any questions or comments you may have. 3' i r b' ` s 1 t'' • own & Brown Insurance, Inc.. 4 - t f 1, k F . 1 } S i. Mi • Bonet t 1 Ir.., } Vice P trident " o:. f t: i1 4 project' Manual 00735 PERFORMANCE AND PAYMENT GUARANTY FORM uNCONDITmONAL LETTER OF CREDIT: Date of issue Issuing Bank's No. • . Bkrieficlam " ,.Adbilcant: . City of Miaml.Beach Amount:..... • . 1700 Convention Center'Drive. in United States Funds Miami Beach, Florida 33139 Expiry: (©ate) BId/Contraot-Number We hereby authorize you to draw On (Bank, Issuer name)' at by order of 'end (branch address) . for the account of • (contractor, applicant, customer) agreed , upon by and between the ' City • of Mietrii Beach, Florida and up . to an aggregate (contractor), amount, in United States Funds, of availabie.by your drafts at sight, accompanied by: A signed statement from the City Manager 'Or his authorized designee, that the drawing'is due to defaultin performance of certain obligations on the pert, .. ' . (corstrectbr, applicant, :customer) pUteuant 10 the (applicant, customer) Bid/Contract No. • for (name • of project) and Section 255.05, Florida Statutes. March 2004 City of Miami Beach oa.0,00 0 2004 Ti,. Gordlfl Gawp Page 71 • • ,Project Manual Drafts must be drawn and negotiated hot later than .. . (expiration date) Drafts must bear the clause: "Drawn`under Letter of Credit No . • • (number) Of . dated . . , . , 2004. (Bank. name)• . This. letter of Credit Shull be renewed for successive period$ of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate. the credit herein extended, which notice must be provided et least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to ..performance of the contractor's obligations•wili be deemed adefault. This Letter of .Credit sets• forth in full the teifms• of our undertaking, :and such .:undertaking shall not in any way be modified, or amplified by reference to .any •documents, instrument, .or agreement referred to herein or to which this Letter of •Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. -We hereby 'agree with the drawers, endorsers, and bona fide- holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be • 'duly honored upon presentation to the drawee. . Obligations under this Letter of Credit shall be`released one (1) year after the Final • Completion of the Project by the _ (contractor, applicant, customer) • . This Credit Is :subject • tb the -"Uniform Customs • and Practice for Documentary ..Credits," international Chamber of Commerce (1993 revision), Publication No. 500 • and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law 'should arise, Florida law shall ,.prevail If a conflict between • the law of another state or country and Florida law ...should arise, Florida law shall prevail Authorized Signature Page 72 City of Miami Beach capyripm 0 2904 Th.4ordl.n Group March 2'•004 • :Project Manual • •ODB0ito GENERAL.'CoNDrTmONS • 1: Project Marsual: 1.1. Order ' of ' Precedence' of the Component Parts • of the ' Contract Do'cumants: • •1.2. • In 'the event of a. •Conflict between .different 'parts of 'the Contract Documents, the order of precedence of the component parts of the •Contract Documents shall be' as follows: • . A. project Manual, Volume • R. Addenda, if any 'C. Plana and Drawings, if any D. = Construction Task 'Catalog,' Vokirne II • E. • Standard •Specification of ''the ' City, State or Federal ' Government, if any F. The Order G. • .Technical Specllcatlon; Volume .111 H. • • Proposal and Acceptance Forms ' I. Invitation to Bid J: ' Bonds ' K. ;Insurance • • 1.3. ' The 'Project Manual includes any general and JOC Supplemental .. Contract conditions or 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 Managermay authorize, in writing, an exception. • 1.5. • Dimensions 'given' in 'figures': are • to hold .prefereriae 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 fuihished, free of charge,'.'orte -paper (1) Copy of the Project Manual, and (1) copy of the CTC. All documents Including the Technical Specifications will be 'provided on CD-ROM„ which •shall be preserved and always kept accessible to •City and or March 2004 City of Miami Beach wpyrlyhl 0 2054 The Gardr'n Gm* Page 73 • • Project. Manual • Program Manager authorized representatives. Additional copies of . the Project Manual may be obtained from City at the cost of reproduction. intention"of City: . . .2.1. It is 'the -intent of City to describe in the Contradt Documents • a functionally complete. •Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulation's governing construction of the-•ProJect. Any work, materials or equipment that may reasonably be inferred from the •Contract Documents as being required to produce the Intended . result shall be supplied by Contractor whether or not specifically called for. When words which have a well-known technical or trade • meaning are used to describe work, materials or equipment, such words shall be interpreted • in accordance with that meaning. • Reference to standard specifications, manuals, . or codes of any technical soclety, organization or association, or to the laws or regulation's of any governmental authority,•whether such reference be . specific or by implication, shall mean the latest standard. 'specification, manual,.code or laws or regulations in effect at•the time of opening of bids and Contractor shall comply therewith. City shall • - have no duties ocher than those duties and obligations expressly set ' forth within the Contract Documents. 'Preliminary Matters: 3.1. •At a time speclfied by the City and or Program•Manager but 'before • • Contractor starts the work at the Job Order site, a conference attended by Contractor, ,City and or Program Manager and others as deemed appropriate by Contract Administrator, will be held to discuss • the schedule, Shop Drawings other submittals, safety, site access and other issues •as required to establish a clear understanding of the • construction operations. • 'Performance Bond arid .Payment Bond: . Within fifteen (15) calendar days of being notified of 'the award,. Contractor shall furnish a Performance .Bond and a Payment -Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. Each Bond shall be In the amount of two million ($2,000,000) dkfliars guaranteeing to CITY the completion and performance of the work covered In such •Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each 'Page 74 City of Miami Beach copyright o2 4m.Gordiandroop March ,2004 Bond .shall be with a surety company which is qualified pursuant to Article 5. 4.2. Each• Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor Will, upon notification by City, correct any . defective or faulty work or materials which appear within one year after Final .Completion of the Contract. If the option terms are exercised the Contractor shall furnish additional performance and payment bonds .in the amount of $2,000,000 each. If an individual Job Order Is issued over the maximum amount of initial value of the contract bonds, the City will request from the contractor a payment and performance bond equal to the amount of the Job Order. The City will pay for the extra bonds as a Non-prepriced task with no mark ups from the contractor.• , • 4.3. Pursuant to • the requirements of Section • 255.05(1)(a), .Florida Statutes, as • may be amended from time to time. Contractor shall ensure that the bond(s) referenced above Shall be recorded in the public records of Mlami-Dade County 'and provide City with evidence of such recording. • 4.4. Alternate Form of Security' In lieu. of a Perforthance '.Bond and a Payment 'Bond, •CONTRACTOR may"furnish alternate forms of security which may be in the form of cash, money order; certified check, cashier's check or unconditional letter of credit in the form attached hereto as. Form 00735. Such alternate forms of :security shall be subject to the priorapproval of CITY and for same purpose . and shall be subject to the same conditions as those applicable above and shall be held by CITY for one year after completion and acceptance of the Work. Qualification of Surety: 5.1. • Bld Bands, Performance 'Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): • 5.1.1. Each 'band ..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 carripany `shall hold .a current certificate of authority as acceptable surety • on . federal bonds in accordance with '.United States Department of 'Treasury March 2004 City of Mlaml Beach copyright 0 2C04 The cadre i awv FP age 75 • • Project Manual Circular 570,'Curront Revisions;, • If the amount of the Bend 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 risksmust be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide CITY with evidence satisfactory to CITY, that such excess risk has been protected in an acceptable manner. 5.1.3. The CITY will accept a surety bond from a Company with a rating of B+ or betterfor bonds up .to $2 million, provided, however, that if any surety company appears on the watch list that Is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the CITY shall review and either accept or reject the surety cornpany based on the financial Inforrnatlon available •to the CITY. •A surety company that Is rejected by the CITY may be substituted .by the Bidder or proposer with a surety company acceptable to the CITY, only If the bid amount does not Increase. The following sets forth, . In general, the acceptable' parameters for bonds: • Policy- Flnanclal holder's Size . Amount of Bond : ` •Ratings Category' 500,001 to 1,000,000 6+ Class I 1,000,001 to 2,000,000' S+ Class II 2,000,001 to 5,000,000 A Class Ill 6,000,001 to 10,000,000 • A • Class IV 10,000,001 to 25,000,000 • A ' ' Class V 25,000,001 to 50,000,000 A Class VI . 50,000,001 or more A Class VtI 6. Inderrinlfication:• 6.1. CONTRACTOR shall indemnify and hold harmless CITY, its -officers, agents, directors, and employees, from liabilities, damages, losses, and costs, • including, but not limited to reasonable attomeys fees, to the extent caused by •the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons .employed or utilized by CONTRACTOR in the performance of this Agreement. Page 76 City of Miami Beach March 2004 oopyrot o saw Tee Gordlin Group • ....... TrOject 'Manual . Except as spetifically .prOvided herein, this Agrearrieht• does • net, require CONTRACTOR to indemnify CITY, its. employees, officers, • directors, •or agents from any liability, damage, lots, claim, action, or • proceeding. These indeMnifications shall survive the term of this Agreement. • In the event that any action or proceeding is brought against CITY by reason of any such claim or demand, .CONTRACTOR shall, upon . written notice from CITY, resist and • defend such action or proceeding by counsel satisfactory to CITY. 6.2, The indernnification •provided above shall obligate CONTRACTOR to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at CITY's • option, any and all claims 011iabllity and all sults and actions of every name and description covered by Section 6.1 above which may be brought against CITY Whether performed by CONTRACTOR, or persons employed or utilized by CONTRACTOR. 7. I risuranOe Requirements: . . • 7.1. Without lirniting any of the other . obligations or liabilities • of • CONTRACTOR, CONTRACTOR shall provide, pay for,. and maintain • in force until all of its work to be performed under this Contract has been completed and accepted by CITY (or for such duration as Is Otherwise specified hereinafter), the insurance coverages set forth herein. 7.1.1. ....Workers' toMpeneatiOn • Insiltance .to apply for 'ail employees In compliance with the "Workers' Compensation Law" of the State Of Florida and all applicable federal laws. • . In addition, the policy(ies) must Include: . 7.1.1.1. Employers' Liability wlth a limit of $560:000 each' accident. ' 7.1.1.2. If any operations' are 'to' beundertaken on or about navigable waters, coverage must be included for • the U.S. j LongshOremen & • Harbor Workers Act and Jonet Act. • 7.1.2. . Comprehensive General Liability with • minimum limits of $1,000,000 ($1,000,000) per occurrence combined single limit for Bodily lInjury Liability and Property Damage Liability. Coverage must be afforded on a form no more • restrictive than the latest edition of the Comprehensive • 'General Liability policy, without restrictive endorsements, as filed by the Insurance Services .0ffice,.and must iinclude: March 2004 City of Miami Beach Page 77 copyright C 24 The Gordian Group • • project Marliral • 7.1.2.7..Personal :Inky Coverage with Employee and Contractual Exclusions removed, with minimum • limits of coverage equal to those :required for . • Bodily Injury Liability and Property Damage Liability. . • 7.1.2.8, •CITY Is to be expressly included • as an Additional Insured with respect to . liability arising out of operations performed for CITY by or on behalf of CONTRACTOR or :acts or omissions of CONTRACTOR in • .connection with general supervision of such operation. 7.1.3. • Business Automobile' Liability with • minimum limits of One Million ($1,000,000) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive • than the latest editioh•of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 7.1,3.1. Owned Vehicles. . 7.1.3•.2. Hired and Non -Owned Vehicles. • 7.1.2.1. Premises and/or Operations. 7.1.2.2. Independent Contractors. 7.12.3. Products : and/or. Completed Operations for contracts over Fifty Thousand Dollars ($50,000.00) ! CONTRACTOR. shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. 7.1.2.4. Explosion,. Collapse and Underground Coverages. 7.1.2.5. Broad Form Property Damage. 7,1.2.6.' Broad Form Contractual 'Coverage applicable to this specific Contract, Including any hold harmless and/or indemnification agreement. 7.f.3.3. •Employers' Non=Ownership.. 7.2. If the initial insurance expires 1prior to the completion of the work, renewal copies of policies shall be furnished at feast thirty (30) days prior to the date of their expiration. • . • • Page 78 City of Miami Beach cop nlghl 0 2004 The Ogden aioup .March 2004 • • __ Project Manual • . . • • 7.3.• Notice Of Cancellation and/or Restriction —The bollOy(les) must be endorsed to provide CITY With 'at least thirty (30) days notice of cancellation and/or restriction' . 7.4. CONTRACTOR shall furnish to the CITY'S. kW(Manager Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, .and state that such insurance Is as required by this Contract. The .Certificate of Insurance shall be In form similar to and contain the information get forth in Form00708. . • • • • • 7.5. • The. official title of the •Ownar islhe CITY ot Miami Beach, Florida. This official title shall be used in all Insurance documentation. 7.6. Additional or Replacement Bend: It is further mutually agreed .between the parties hereto that If, at any lime, the CITY shall deem the surety or sureties upon iany 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) daystafter the receipt of notice from the CITY to -do so, furnish an additional or replacement bond or bonds In such form, amount, and with such surety or sureties as shall be satisfactory to the CITY. There shall be no lapse in surety coverage • and failure to do so shell be a material breach' of this Contract. In such event, no further payments' to the Contractor shall be deemed to be dueunder this Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and . formsatisfactory to the Board. 7.7. Professional Liability insurance: If the scope of work of this contract, as determined by Individual Work Orders, includes professional tervices which require signed and sealed documents, then the Contractor at that point shall provide evidence of Professional Liability Insurance from the 'Architect/Engineer of record with policy limits no less than $250,000 per claim. Evidence of said Professional. Liability insurance shall be submitted to the CITY prior to the commencement of the professional service. • 8.• Labor and Materials: 8.1. Unless otherwise provided herein, CONTRACTOR' Shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other fa'cilities and services necessary for the proper execution and completion of the Work, whether temporary or parch 2004 City of Miami Beach • copyright • ROA The Gordian Coup Page 79 • • . Project ManUal • • permanent and whether or not incorporated or to be incorporated in' the Work. • 8.2. • CONTRACTOR shall at all 'times enforce 'Strict dlitipline and good order among Its employees and subcontractors at the Project site and shall not employ on the Project any unlit person or anyone not skilled in the work to which theyare assigned. 9. Royalties -and Patients: • • 9.1. • All fees, royalties, and •clairris 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: . • • • 101. Extentions to the Contract Timb 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 extensional 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 Sitioeat 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.; CONTRACTOR Mutt make .Major rePaire 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 flfty percent (50%) of the normal workday on contrbiling items of work Identified on the accepted Schedule or updates. 11. Permits, Licensee and Impact Fees: 11.1. • Except as .otherwise provided within the ' JOC Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work • undertaken by CONTRACTOR pursuant to this Contract shall be secured and paid for by CONTRACTOR. The General Contractor's Building Permits, Public Works Permits and Zoning Permits will be • reimbursed by the CITY for the cost of the Permit only as a non pre - Page 80 City of Miami Beach copythl 0 004 ltis Oordim ;Group March 2004 • project Manuai priced task with no marked ups. The cost for obtaining. the 'Permits is to be included in the Contractor's Adjustment Factor. It is Contractor's responsibility to have and ,maintain appropriate Certificate(s) of Competency, valid for the.Work to be perfom•red and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 11.2. • Impact fees levied by the CITY and/Or Miami -Dade County :rrhall be paid by CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality and submitted to CITY as a non pre -priced task. •Reimbursement to CONTRACTOR in no eventahall include profit or overhead of CONTRACTOR. 12. ..Resolution of Disputes: 12:1. To prevent all :disputes 'and litigation; it Is agreed by the parties hereto that the CITY shall decide all questions; claims, difficulties and disputes of whatever nature'which may arise relative to.the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and CITY's' estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the ektent provided in Section 12.2. Any claim, question, difficulty or dispute which carmot be resolved by mutual agreement of CITY and CONTRACTOR shall be submitted to Contract Administrator in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, Contract Administrator shall notify CITY and CONTRACTOR in writing of his decision within twenty-one (21) calendar daysfrom the 'date of the submission of the claim, question, difficulty or dispute, unless Contract Administrator requires additional time to gather information or allow the parties to provide additional Information, • Ail non -technical administrative disputes shall be .determined by the • Contract Administrator purstaant to the time periods provided herein. During the pendency of any 'dispute .and after a determination thereof, CONTRACTOR, Contract Administrator and CITY shads 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 deterininatlon of a dispute under this .Article is unacceptable to . either ,party hereto, the party objecting to the March 2004 City of Miami Beach Page 81 • copyrlphl 0 MU lha Gordon Group PrOject Manual ,.; tomplia• determination Mint notify the Other party in 'writing Within ten 410) 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 hasreason 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 m'ediatton 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. • • Inspection of Work: 13.1. CITY and �rPr�gromMahagershail at ell timeetiave access io 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 instrUctlons; any laws, ordinances; or any public authority require any of the Work to be specially test:ad 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 eti Of the Work may be ordered by the CITY and or Program Manager with prior written approval . by the Contract Administrator, and If so ordered, the Work must be uncovered by CONTRACTOR: ;• If such Work is found to be in accordance with the Contract Documents, CITY shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in age 82 City of Miami Beach copyrIght*200.4 .11* Gordian Group March 2004 Project Manual accordance with the Contract Documents, CONTRACTOR shall pay such cost. 13.2. Inspectors shall have no a ithority'to permit deviations from, nor to relax any of the provisions of, the .Contract Documents nor to .delay the Contract by failure to° Inspect the materials and work with reasonable promptness without the written. permission or instruction of the CITY and or Program Manager. • 13.3. The payrmentcif any cornper Oil on, 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 'Cif CONTRACTOR will constitute a breach of this Contract. 14. SuperIntendence and' Supervision: . • 14.1. The orders of CITY may be' given through Prograrn Manager, which instructions are to be .strictly and promptly followed in every case. CONTRACTOR shall keep on the Project during Its progress, a full- time competent English speaking superintendent and any necessary assistants, all satisfactory to the CITY and or Program Manager for each Job Order issued.. The superintendent shall not be changed except with •the written consent of the CITY and or Program Manager, .unless the superintendent proves to be unsatisfactory to CONTRACTOR and ceases to be In its employ.. The superintendent shall represent CONTRACTOR and all directions given to the superintendent shall be as binding. as if given •to CONTRACTOR and Will be confirmed in writing -by the CITY and or Program Manager upon the written request of CONTRACTOR. CONTRACTOR shall give :efficient supervision Io the Work, using its best skill and attention. The CONTRACTOR .shall keep on the Work the Superintendent at all times during the working .hours. The Superintendent Shall be *reachable 24 hours .a day, seven days a week. If the Superintendent is not available because of illness or vacation or the like, the CONTRACTOR shall notify the CITY of the substitute Superintendent. . 14.2. Daily; .CONTRACTOR'S superintendent shall record; at a nmintmum, the fallowing Information •in • a bound log: the' day; . date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, . equipment and subcontractors at the Project site; visitors to the Project site, Including • .representatives of, CITY and or Program Manager, regulatory representatives; any special or unusual conditions or occurrences • March 2004 City of Miami Beath • ovpyriphl O 2034 riw Gannon Group Page 83 . • ' • Page 84 • Project Manual eneciUntered;:iand the time Of terrninatiOn of Work for the day. All Information shell 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. 143. The Contract Administrator, CONTRACTOR and ProgramManager • • Shall meet at least weekly or as determined by the Contract • Administrator, during the course �f the'Work to review and agree upon the workperformed 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•anyerrors,,bmissions, 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 • '.'end or Program Manager will promptly review the same. Any'work •done after such • discovery, iuntil authorized, • will be done at . CONTRACTOR's sole risk. • . . 14.5. CONTRACTOR Shall.stiperviseand direct the.WOrk.cOrriPetently and efficiently, devoting such attention thereto and applying such akills• 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 Terrnlnate Contract: • 15.1. If CONTRACTOR fails to begirthe Work within fifteen.(15) caleridar . : days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient Materials to insure . the prompt completion of the Work, or .shall perform the Work • unsuitably, or cause it to be rejected as defective and unsuitable, or - shall discontinue the prosecution of the -Work pursuant to the .. • accepted schedule or if CONTRACTOR shall fall- to perform any • ' material term set *forth ,in • ,the Contract Documents or If CONTRACTOR' shall *become InSOlvent or be declared bankrupt, or •. 'commit any act of bankruptcy or Insolvency, or shall make an• assignment for the • benefit of :creditors, .or from any other cause . whatsoever shall not carry on the Work In an acceptable manner, ' Contract Administrator -may give notice In writing to CONTRACTOR and its Surety of such delay, neglect or default, specifying the same. If CONTRACTOR, within a period of five (5) calendar days after such •• . , . . .• ... . " • . . March 21304 City of Miami Beach copyright 0 XV 11)* Gordian arcup • Project Manual i . notice,. shell not .proceed' id accordance therewith; then Cr1rY'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. All damages, costs and charges 'incurred •by CITY, together with the costs of completing the Project, shall be deducted from any monies due or Which may become due to :CONTRACTOR. In case the damages 'and expenses so Incurred by CITY shall exceed. the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. 15.2. if after 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 tame 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 termihated for'convet lance in Writing. by CITY upon ten (10) days written • notice to .CONTRACTOR (delivered by certified mall, return receipt requested)of Intent to terminate and the date on which such termination becomes effective. In such case, CONTRACTOR shall *be paid for all work executed and expenses Incurred prior to •termination In addition hi* termination settlement costs reasonably • incurred . by CONTRACTOR • relating to commitments which had become firm prior to the termination. Payment shall include jreasonabIa • profit for . work/services satisfactorily performed. • No payment shall be made for profit for worklservices which have not been performed. • 15.4. Upon receipt of Notice of Termination pursuantto 'Sections 15.1 or 15.3 above, CONTRACTOR shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver March 2004 • City of Miami Beach copyright O 2C 4 7M Gordian Group • Page 85 .Project Manual • or otherwise make available to CITY • •all data, drawings; specifications, • reports,- . estimates,.. summaries •and such other •-Information as may have been required by the Contract Documents • ..whether completed or in process. . • CONTRACTOR'S Right to Stop Work or Terminate Contract: • 18:1. • Should CITY and or Program Manager fail to' review' and approve or state in writing reasons for non -approval of any Application for Payment within twenty (20) days after it Is presented, or If CITY falls either to pay CONTRACTOR within thirty (30) days after presentation by Program Manager of any sum certified by the CITY, or to notify CONTRACTOR and or Program Manager In writing' of any objection to the Application for Payment, then CONTRACTOR may, give Written notice .to CITY and/or Program Manager of such ',delay, neglect or default; .specifying the same. If CITY and or. Program Manager (where applicable), within a period of ten (10) calendar days ••after such notice shall not rerne'dy the delay, negieot, or default upon which the notice Is based, then' CONTRACTOR may• stop work or terminate •this Contract and recover from CITY payment for all work 'executed and reasonable expenses • sustained therein plus reasonable termination expenses. Any objection made by CITY to an • Application for Payment shall be submitted to Contract Administrator in accordance with the provisions of Article 12 hereof. 17. Assignment: i • 17.1. • Neither party hereto shall 'design th'e Contractor any subcontract in whole or In part without the written consent of the other, •nor shall CONTRACTOR assign any monles 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 beingdone by'CITY's fordes or by other contraaactors • is contiguous to or within the limits of work covered by this Contract, the respective rights of the. ;various Interests involved shell be • .established by the Contract Adrninistrator.to secure the completion of • ;the various portions of the work In general harmony.. 19. . Differing Site -Conditions: • i • 19.1. • In the event that during the Course of the Work CONTRACTOR en"counters subsurface or conbealed conditions at the Project site which differ materially from those shown on the Contract Documents end or the Detailed Scope of Work and from those ordinarily •;'.Page 80 City of Miami Beach copyright 0 2034111s Omdl ,) amp March 2004 Project Martuai • • encowintered 'and 'generally'retognized 'as inherent In work of the character called for In•the Contract Documents; or unknown .physlcal • 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 Program Manager, the conditions do •materially so differ and cause an increase or decrease in Contractor's cost of the original Detailed ••:Scope of Work, or the time required for, the performance of any part . of the Work, whether or not charged as 'a result of the conditions, CITY and or Project Manual. Program Manager shall recommend an equitable adjustment to the• Contract Price by initiating another Job • Order based on the new Detailed Scope .of • Work, or the Contract Time, or both. If CITY and or Program Manager and CONTRACTOR cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to the Contract Administrator • • for determination in accordance with the -provisions of Article .12. Should the Contract Administrator determine that the conditions of the Project site are not so materially different to Justify a cl'iange in • the terms of the Contract, the Contract Administrator shall so notify CITY and or Program Manager and CONTRACTOR in writing stating the reasons, and such determination shall be final and binding upon . • the parties hereto. . • ; • 19.2. Na request 'by .CONTRACTOR' for en .equitable •adjustment to the Contract under this provisionshali 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 subatantlal completion. 20. Plans and Working Drawings:. • 20.1. CITY and or Program' 'Manager shall have the right to modify the details of the plans and specifications, .to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Detailed Scope of Work. • In case of disagreement March 2004 City of Miami Beach oopyrglY O YON The Garden, Group i • (Page 87 PrOjeCt anuat• .betWeen the written and •glaphiO portion'sof the Detailed. Scope of Work, the written portion shall govern, 21. CONTRACTOR to Check Plans, Specifications and Data: 21.1: CONTRACTOR shall verify all .diMeritions quantities and details • shown on the plans, specificationeor other data received from CITY .- and or Program Manager, and shall notify CITY and or Program • Manager of all errors, omistiona and •discrepancles• 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 from effort,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; 'OONTRACTOR's 'ReapOrisibilitYfOr bamatioii and AC01dents: 22.1. • CONTRACTOR 'Shall accept full responsibility k-the WM( against all loss or damage of whatsoever nature sustained until final acceptance by CITY, and shall promptly repair any damage done from any cause . • • •whatsoever, except as provided In Article 29. • .22,2.. • .CONTRACTOR shall be responsible for all MaterialS, equiOmentand 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 tia CITY that all rnEitertais .and equiPirterit . . furnished under this Contract Will be new unless otherwise specified and that all of the Work will be' of good quality, free from faults and defects and in conformance with the Contract Documents. Ali work not conforming to these requirements, Including substitutions not •'properly approved and authorized, may be considered defective. if ' required by CITY and or Program Manager,' CONTRACTOR shall • furnish satisfactory evidence • as to the kind and quality of materials • and equipment. • I • , • .23.2. • Alf work furnished under -this Contract shall be. guaranteed against defective materials and workrnanship, improper performance and • noncompliance with the Contract Documents for a period of one year •after final completion and acceptance of the Job Order, except as . . Page 88 City of Miami Beach March :2004•' copyright o 20:14 The Micron OFoup .Project, Manual • • otherwise specifically specified' .in other parts ' of the :Contract Documents,: or within such longer period of time , as May be prescribed by law or provided by the manufacturer. 23.3. The Guarantee shall iflclude the name of the project as designated In the ,Job Order, be signed by an officer of the company having authority to provide the warranty; and state: "This document serves as a one (1) year written guarantee for the work performed, and Material and equipment installed on the above referenced Work Order. This guarantee incorporates •all provisions of the Contract Documents that refer or relate to the guarantee. This guarantee Is • . . commenced on the final acceptance date." . 23.4. During' the guarantee period, the Contractor'shalt repair' and replai e 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 CITY .and Or •program Manager, it • becomes necessary to explain the Work to be done more fully, or to .'illustrate the' Work further, or to show any changes which may be ..required, supplementary drawings,- •with specifications pertaining thereto, will be prepared by the CITY and or Program Manager or the Contractor • may be requested to prepare Architectural Services to document the Detailed Scope•Of Work. . 24.2: The supplementary drawing's shall be binding upon CONTRACTOR 'With 'the same force as the Project Manual. Where such supplementary drawings require•eitheriess or more than the original . . • Detailed Scope of Work, appropriate adjustments shall be made by ' Issuance of an a Job Order'aiong with the required documentation. Defective Work:: • _. . •25.1. . The CITY and or program Manager Shall' have' the authority to reject or disapprove work which CITY and or Program Manager finds to be defective. If required by the CITY and or Program Manager, . CONTRACTOR shall promptly either correct all defective •work or remove such defective work and repiade it with non -defective work. CONTRACTOR shall bear all direct, indirect and consequential costs March 2004 City of Miami Beach coppighl 0 alai Th.Oadl.n Croup • Page Project Manual of such 'removal or corrections including cost of testing labOratorleS • .and personnel. 25.2. . Should CONTRACTOR fall or refuse' to • remove '.or correct 'any • defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time Indicated in writing by the CITY and or Program Manager shall have the • authority to cause the defective' work to be 'removed or corrected, or Make such repairs as may be necessary at CONTRACTOR's • expense: Any expense incurred by 'CITY in making such removals, • corrections or repairs, . shall be paid for out of any monies duce or • Which may ,become due to CONTRACTOR, or may be charged . against the • : Performance Bond. In the event of failun; of CONTRACTOR to make all necessary repairs promptly and fully, • CITY may declareCONTRACTOR In default. 25.3. If, within one (1) year after the date 'of substantial co'0le066 or such longer period of time as may' be prescribed by the terms of any •appllcable special warranty required by the Contract Documenl:.s, or by any specific provision of the'Contract Documents, any of the Work is found to be defective or nbt In accordance with the Contract Documents,'' CONTRACTOR; 'after .receipt of written notice from CITY, shall promptly correct. sdch defective or nbnconforrning Work •within .the time specified by CITY without cost to CITY, to do so.. •Nothing contained herein shall be cohstrued to establish a period of .limitation with respect to any olher'obligation which CONTRACTOR Might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. 25.4. Failure to reject any defective work or material shall 'not in"any way :prevent later rejection when such defect is discovered, or obligate . CITY to final acceptance. . 26. Taxes: 28.1. CONTRACTOR •'shall pay all applicable sales, :consumer, use and ' other taxes .required by law. ; .CONTRACTOR is responsible for reviewing the' ,pertinent state ` statutes Involving ',stale 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 .nbt ernplby any subcontractor or Architectural and Engineering firm against whom CITY and or Program Manager may have a reasonable objection, CONTRACTOR shall not be Page 90 City of Miami Beach . March 2004 huh 0 2004 n. GQ,d n Group • • • Project Manual; . • • required to employ any subcontractor agairiat 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 therm may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothing in the • Contract Documents shall • create .any contractual relationship between any subcontractor and CITY br'any'obligation on the part of CITY to pay or to see the payment of any monies dueany subcontractor, CITY and or Program Manager may furnish to any subcontractor • evidence of amounts paid to CONTRACTOR on account of specific work performed. 27.3. . CONTRACTOR agrees••to bind specifically everysubcontractor to the applicable terms and conditions of the Contract Documents for the benefit of CITY. • i • '27.4. For Contract .12=03104. Public Works Contract COIN/TRACTOR shall • perform the Work with its own 'organ1 ation, amounting to not less 30% of the Contract : Price. For Contracts 14-03/04 Capital Improvements Projects and 13-03/04 City Wide," CONTRACTOR shall perform the Work with Its •own organization, arriounting to not 'less than 10% of the Contract Price; The participation will be an accumulative participation over the contract. 27.5 • Execution of Subcontracts: • 27.5.1. The *Contractor shall provide with each Job OrderPrice Proposal a list of proposed subcontractors and type of . work being ,performed. This list shall be provided on a form . 'provided by CITY. 27.5.2. The Contractor shall' not cornrnit to Cr. finaliie subcontracts with any subcontractors until receipt of approval of each subcontractor and receipt of a Job Order by the CITY. No 'subcontractor shall be used that Is excluded from Federal, State or CITY of Miami Beach procurement programs nor those who have been debarred 'or otherwise excluded from •the CITY procurement system. March 2004 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 City of Miami Beach copripdt 0 2034 ids Goadian Group • Page 91 Project • decrease '.the price to be .paid t� .the 'subcOntrattor :thereunder without prior notification to CITY. .: • 27.5.4. • if the .CITY rejects any sub contractor r architectilral and 'engineering firm prOposed, it Is hereby agreed thal: the rejection will not be the basis foran increase in the Job • Order Price Proposal. • 27.6. Procedure fix` Changing Listed 8uboontractors! ' A subtOntrattor may be -Changed only subsequent to:notification to and approval from the CITY. The notification of change shall state reasons for the change with a release from the listed subcontractor attached thereto. 27.7. The Contrabtor shall give .hle/her personefattenficin COnstantly.to' the faithful performance of the works shall keeplhe same under his/her own control, and shall not assign the contract by power of attorney or otherwise, nor sublet the work or any part thereof, without the . previous written consent of the CITY. , . . • • • 27.6. If an approved SUbContractOreletteto subooritradtany portiOnW Its • subcontract, the proposed sub -subcontract shall be Submitted in the Same manner as directed above. 7.9. Wherever the word SUbcontracter .appear, it also 'Means sub- ...• . . ' Subcontractor. • • - , • • •• . • • 27.10; Na .SubobntrattOr ihall be .berrnitted on 'the. Site 'Untees 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 bejurnished under such subcontract, and every such Contractor .0)811 expressly stipulate that all labor 'performed and materials ..furnished thereunder shall strictly comply With the . • requirements of the Contract. 1 . , . .27.11.. The. agreetrient. 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. ' - •7 • . 27.12. The CentraCtor shall pay .all.Subbontractora 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. . . ! • • • • . , .. -.. 1 ...... • Page 92 City of Miami Beach copyright 0 2054 The Ocodien Group March 2004 • • Project) Mantra] 27.13. .The . CITY's .approval ' of Subcontractt r' shall' :not :relieve the .Contractor of .any or 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 wham 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 'appr'opriate 'pro'visian to be iriserle'd In all • subcontracts relative to •the work to require compliance by each .subcontractor with the applicable provisions • contained in the .Contract. • 1 . 27.15. Nothing :contained in. the i contract documents shall ..create any contractual relation betweenany subcontractor and -the CITY, 27:18. Nd-Sub'contractor shall be -permitted to perform Work at the Site until • • it has furnished satisfactory evidence of Insurance as required. by the •CITY. .27.17. The Contractor shall promptly, upon 'request, file with the CITY a . ., conformed copy of any subcontract. • 27.18.' Contractor Liable 'and Reapdnsible 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 SUbCbritractOr a shall riot diminish • the Contractor's )obligations to complete the Work in 'accordance with the Contract. The contractor shalt not be • released from any part of his/her liabillties or obiligations Under his/her contract should any subcontractor • fall to . perform •in a satisfactory manner the •work undertaken by him. The Contractor shall control and coordinate.th.e 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 patties concerned. CITY will not undertake or be In any way •responsible for the settlement of such disputes. March 2004 City of Miami Beach • copyright 0 2054 The Gordian carp • Page 93 • •:.• project•Manual . • 28. • Separate Contracts: 281. •CITY reserves the'=right tolet other contracts In connection `wittf •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 land coordinates this Work with theirs. • . i •.I• • 28.2. • If anypart of CONTRACTOR's.Work depends for praperexecutiori•or results upon the work of any .other persons, .CONTRACTOR :shall • inspect and promptly report to' the CITY and or Program Manager any defects in such work that render it unsuitable for such proper . execution and results. CONTRACTOR's failure •to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of CONTRACTOR's Work, except as to defects which may develop in other contractor's' work after the • execution of CONTRACTOR's. L • • • '28.3. • CONTRACTOR shall .conduct Ifs :operations -end 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 ekecution'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. .28.E . Use of Corripleted Portions: ' • 29.1. CITY shall have the •right at fts.sole option' tti take possession of and Use .any completed or partially corpleted portions of the Project. Such possesslon and use shall not be deemed an acceptance' 01' any .• of the Work not completed in accordance with the Contract Documents. If such possession-' and use Increases the coat 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 btinipteted 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. • :Page 94 City of Miami Beach mperiGhte 2004 The Gordian croup March 2004 Project Nlativail • 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 issuanoe ., 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 • s•�hali , complete all ' items noted on the Certificate of S ibstantial Completion , within the time .Specified by the- CITY and or Program •Manager on the Certificate of Substantial Completion, as soon as possible • and request final inspection sand 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 t7ecossary•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:lportions 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 indloated In the :Contrast Documents, the lands upon which the Work is to be performed, rights -of -way and easements for , access , thereto and such other lands as are designated by CITY or the use of CONTRACTOR. 30.2. CONTRACTOR'shall provide, at.CONTRACTOR'S'own eXperise Arid without liability to CITY, any additional land and access thereto that may be required for temporary construction facilities, or for storage of March 2004 City of Miami Beach Page 95 •copyrlph4 O 2034 The Gordian Group • • 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 doriform .to . and obey ail '..applicable • laws, regulations, or ordinances with' regard to labor' employed, hours of . work and CONTRACTOR's -general operation's. • . CONTRACTOR . shall conduct its operations so as not to close any thbroughfare,•nor interfere in any way with traffic on railway, . highways, or water, ' .without the •prior written' consent of the proper authorities. Location and barrage to Cxisting Facliitles,.Equiprrtent of• Utilities:- • 32.1. As far as posslble; .all existing lutllity lines in the Project area have been shown on the plans. .However, CITY does not guarantee that all lines are shown, or thrit .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 com'p'eny 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 CONTACTOR shell scha'dule' 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 activitles with ehy and all public and private. utility providers occupying the right-of-way:.. No compensation will be paid to the CONTRACTOR 'for any loss of time or delay. . •32.4. 'All overhead, 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 • • :Page 96 City of Miami Beach wpaipht 0 a64 The Gordian Oiwv • March 2004 1 • • 'Projedt ManUalT repaired within 'a reasonable time; ;needless delay .will not ,be tolerated. The CITY reserves .the right to remedy such •dannsige 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. Ali repairs are to be inspected by the utility owner prior to backfilling. Vaiue 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 • 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 Tirne. • Any substitution •submitted by • • CONTRACTOR must meet the form, fit, furl'dtion and life cycle' criteria • of the Item proposed to be 'replaced and there must be a net dollar savings including the CITY ,and or Program Manager's review fees and charges. If a - Substitution Is approved, -the net dollar .savings shall be processed as a deductive Change Order. CiTY may require . • CONTRACTOR to furnish at CONTRACTOR's expense a special ':performance guarantee or other surety with respect to any substitute approved after award of the Contract. ' 34. Continuing the Work: 34.1. . CONTRACTOR shall carry 0 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 Tirrue. The • Work shall not be .delayed •or postponed pending resolution of any disputes or disagreements. 35. Chahges in' the Work ofTerrns of Contract Doournents: • 35.1. : Without Invalidating the Cbhtract andwithorit •notice • to any surety. • CITY reserves and shall have the right, from time to time to 'make such Increases, . decreases' or other Changes • In the character or quantity of the Work as may be -considered necessary or 'desirable to complete fully' and acceptably the proposed construction • in a satisfactory manner. Any extra or additional work within the scope of • March 2004 City of Miami Beach Page 97 oopyrlpk • 2C04 The 3oM3m Clomp • • Project Manual .: this Project Must be accornplithed by Means 'cif approprlate 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 .Docurnents 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. , iThis 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 Ordersand Supplemental Instructions: • • 36.1. The • Contract Administrator; through ..the CITY and • or 'Prcigram Manager, shall have the right' to approve and issue Field Orders • setting forth written interpretations .of the intent of the ' Contract Documents and ordering minor changes In Work execution, providing the Field Order involves no .change in the Contract Price cir the • • Contract Time. 36.2. The: CITY and or Program Manager sh'ali have- the right to approve and issue Supplemental lnStrUctions setting forth written orders, •'instructions, or interpretations concerning the Contract' Docurrients or 'its performance, provided such'Supplemental Instructions involve no change in the Contract Price or the Contract Time. 37. Charge 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' original Price Proposal. All such Work 'Shall be executed under the conditiohs of the original contact. 37.2. No changes shall be made • without a'•:written Job '.Order front the 'CITY. No claim for an additional Job Order amount shall be valid 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 Wo►k`withln the scope of work of the Protect 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 . Page 98 City of Miami Beach March ;2004 copyright o 2X4 th.Oordlu,'croup .1 authorized only by Change Orders, Issued Wit ri a Job order with the' • • required documentation and approved in advance and issued In accordance with the provisions of the CITY. • 37.5.. All changes to•construction contracts must'be approved In advancb in 'accordance 'with the value .of the Change Order or the calculated value Of the time extension. 37.g.' In the event satlsfactbry adjustment•cannot be reached-for'ii]ny item :requiring a change in the Contract Price or Contract Time', and a . Change Order has riot been Issued, CITY reserves .the right' at its sole option .to either terminate'the Contract as it applies to the Items in question and make •: such arrangements .as . may be deemed • ,.necessary to complete the .disputed work; or •submit the matter In .dispute to Contract Administrator as set forth in •Article 12 hereof. During the pendency of the' dispute; and upon 'receipt of a Change •Order approved by CITY, CONTRACTOR shalt .promptly proceed • :with the change in :the •Work Involved and advise the Contract Administrator in writing .Within' ..seven . (7) . calendar days • of CONTRACTORS 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 . TheValue value of any work c'over' 1ed'by a Change order or'of any Malin for . • • an increase or decrease in the Contract Price shall be determined as 'followings: 38.2. •Ali changes, or order of 'extra Work shall be pale for.at"the Unit Prices • set forth in the Construction Task .Catalog or as Non Pre -priced Tasks...Credits for -the. omission or reduction of Work shall be paid In the same manner. f • . 38.3. For each' change; omission' or extra Work ordered by the CIITY,..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 JobOrder Price Proposals' -shall be submitted •promptly. . . 39. Notification and Claim for Change of Contract The: . 39.1. Atiy claim for a change Vibe Contract Tune shia1l be made •b:y written • • notice by CONTRACTOR! to the Contract Administrator and or • • March 2004 City -of Miami Beach • • , Page 99 coppight 0 2004 MP pwdI,n Coup • PrcjeatManual Program Manager within one (1) 'calendar day of the commencement of the event giving rise to the 'claim and stating the general nature and cause of the claim. The CITY will consider the request for • additional time to complete the Jbb 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 PICE SHALL ,BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE'REQUIREMENTS OF THIS SECTION. 39.2. The Contract Tirhe 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 carriages 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 provilded . above. . ' 41. Excusable Delay; Compensable; Non-Compensable: 41.1. Excusable Delay: Delay which 'extends the completion of 'the 'Work and which is caused by circumstances beyond the control of . Page100 City of Miami Beach March 2004 .prighi O 20047M GordYn Group • • ProJect Mnusl 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 ils delayed due to Excusable Delay. CONTRACTOR shall document its clairn for any time extension as provided in Article 39 hereof. 41.3. Failure of CONTRACTOR to corn* 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 particularevent of delay. 41.3. Excusable Delay may be corrtpensabie or non-cornpensabie: 41.4.1. Compensable Excusable Delay: 41.4.1.1. Excusable Delay Is comperisable when (I) the delay extends the Contract Time, (II) is caused by . circumstances beyond the control of the CONTRACTOR or its subcontractors, suppliers or vendors, :,and (HI) 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 acid 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 March 2004 City of Miami Beach Page 101 coprighl.02034 the Oadien Group Project Manual •IImited to, all profit an •indirect •costs, .home office Overhead, acceleration, loss of earnings, .Ions of productivity, I 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 (1)' caused by circumstances beyond the • control of CONTRACTOR, Its subcontractors,:suppiiers 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. .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 0925 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 Ilst all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any Items of corrective work on such list does not alter the ;responsibility of CONTRACTOR to complete all of the Work In accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial I • . Page 102 City of Miami Beach copyrlphl 0 2004 m. 0urd4n Gimp March 2004 f • • Project Manual Corripletlon. 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 relate's to timeliness'of payment, and the provisions of Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 43. Shop Drawings and Samples: 44.1. CONTRACTOR shall submit Shop Drawings and or Samples as required and or as listed in -the RFP for Individual Job Orders. The purpose of the Shop Drawings Is to show the suitability, • efficiency, technique of manufacture, ;installation requirements, details of the item and evidence of -its compliance or• noncompliance with the Contract Documents. 44.2. Within the time -specified on 'the RFP In calendar days lifter the -Project .Initiation :Date specified' in the .Notice''' to Proceed, CONTRACTOR shall subrriit 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, •fabrlcators, and suppliers: CONTRACTOR .: shall include all shop drawings and other submittals in its certification. 44.4. CONTRACTOR shall thoroughly review • and check the Shop -Drawings and each 'and every copy shall show.this'approval thereon. 44.5. if the Shop -Drawings show or indicate departures' from the Contract' requirements, CONTRACTOR shall make specific mention thereof in Its letter of transmittal. Failure to point out such departures shall not March 2004 City of Miami Beach copyrdp►4 0 2004 tn. Gordian Gulp Page103 Project Manual relieve CONTRACTOR from • Its responsibility to comply with ' the Contract Documents. • 44.6. • CITY and or • Program Managershall review and approve' Shop Drawings within fifteen (15) calendar days from the date received, unless said Drawings are rejected by CITY and or Program Manager for material reasons. CITY'S and or Program Manager's approval of Shop Drawings will be general and shall not relieve CONTRACTOR of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by CITY and or Program Manager. Approval shall not relieve CONTRACTOR from responsibility for errors or omissions of any sort on the Shop Drawings. • 44.7. .No approval will be given 'to •partial subrnittaisof 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 Page 104 City of Miami Beach ..pwient a214The eadi.nGroup March 2004 Project'Manual factors. All record drawings shell be made .ori reproducible • paper and shall be delivered to CITY and or Program Manager prior to, and at a condition of, final payment. 45.2. CONTRACTOR shall maintain in a safe .place at the Project site one record. copy of all Drawings', Pians,`rSpecifications, 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 Program Manager for reference. 45.3. Prior to, and as a condition precedent to Final Payme'rit, CONTRACTOR shall subhiit to CITY, CONTRACTOR'S record drawings or as -built drawings acceptable to CITY and or Program Manager as listed in Article '46. If no drawing's 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-buiits" 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-BiiIIt'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 of drawings provided by the CITY or developed by the Contractor) and shop drawings indicating the Work as actually Installed. 46.3. • The specific locations .of piping, valves duct Work, equipment, and other such Work which were not located or changed location on the Drawings and shop drawings. 46.4. Equipment' schedules indicating manufacturer's names and model numbers. , • • 46.6. The As-Bullt'Documehts'shall be arranged In a logical order, and In accordance with the various provisions of the Specifications (If any), and properly indexed. The Contractor shall review them for Completeness prior to submittal to the CITY. At the completion of the Work, the Contractor and each Subcontractor shall certify by endorsement thereof that each of the revised sepia mylar of the • • March 2004 ' City of Miami Beach cQpyrlgk 0 20341M Ga, Group Page 105 Protect Marivat Drawings arid copy of Specifications and shop drawings is corilplete. and accurate. 7. Safety and Protection: 47.1. CONTRACTOR shall be solely' responsible for Initiating, maintaining and supervising all safety precautions and programs in connection with the Protect. 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.. Ali employees on the`work site and other persons who May- be affected thereby; 47:1.2. All 'the work and all materials or equipment to be incorporated therein,` whether in "storage on or of 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. Alt 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 there or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the work shall continue until such time' as 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 A,rticle 29 hereof. 47.3. CONTRACTOR shall designate a • respon'sible 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. Page 106 City of Miami Beach copyright 0 0004 The Gordian Group March 2004 4 Payment by CITY for Tests: . Project Manual 48.1. Except when otherwise specified In 'the Contract Ddcurrients' and or •.RFP, the expense of all tests requested by CITY and or Program Manager shall be borne by CITY and performed by a testing firm chosen by CITY and or Program Manager. For road construction projects the procedure for 'making tests required by CITY and or Program Manager will be in Conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The coat of any required test which CONTRACTOR fails shall be paid 'for by CONTRACTOR. Any testing the CITY and or Program Manager request the Contractor to perform will be identified In the Detailed Scope of Work and the cost submitted in the Contractor's Price Proposal. 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 fru from'. accumulation of waste ,materials or rubbish caused by Its operations. At the completion of the Project, CONTRACTOR shall remove all its March 2004 City of Miami Beach aopyrtphl 0 tow Th. Gordian group Page 107 Project Manual waste Materials and rubbish from and about the Project as well as its tools, construction equipment, ;machinery and surplus . materials. if CONTRACTOR falls to 'clean up during the prosecution of the Work or at the completion of the Work, CITY may do so and the cost thereof shall I be charged to CONTRACTOR. If a dispute arises between CONTRACTOR and separate contractors as to their responsibility for cleaning up, CITY may clean up and charge the cost thereof to the contractors . responsible therefor as CITY and or Program Manager shall deter nine to be just. 52. Removal of Equipment: .52.1. In case of termination 'of this Contract before' completion for' any cause whatever, CONTRACTOR, .if notified to do so by CITY, shall Promptly remove any part or all of CONTRACTOR's •equipment and supplies from the property of CITY, failing which CITY shall have the right to remove such equipment and supplies at the expense of CONTRACTOR. .• 53. Nondiscrimination, •Equal Ernpioyrnent Opportunity, arld Americans with • Disabilities Act: 53.1: • CONTRACTOR shall not 'uriiawfuliy 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. • 53.3. .CONTRACTOR shall 'not -engege in or commit any discrirriinatory practice in violation of CITY of Miami Beach Ordinance .No. 92-2824 in performing any services pursuant to this Agreement. Page108 City of Miami Beach mpyrlpht 0 200e The 00rd 4n Oro* March 2004 • Project Manual 54. Project Records: . 54.1. CITY shall have the 'right.to'inspect and copy, at orris 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 dONTRACTOR which relate to the •Project and to any claim for E 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 tcl 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: ; 55.1. In • compliance with 'Chapter 442, Florida • Statutes, any 'toxic substance listed in Section 38F-41.03 'of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be' obtained from the manufacturer. The MSDS must include the following Information: 55.2. •The Chemical name and ihe'comnion name of the toxic substance. 55.8. The hazards or other risks in the use • of • the • toxic substance, Including: 55.3.1..' The potential for fire, explosion, corrosion, and reaclton; • 55.3.2. . The known •acute: and chronichealth 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. , • I . . 55.4. The proper precautions, 'handling practices, •necessary personal protective equipment, and other safety precautions In the usre 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. 55.5, 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. • March 2004 City of Miami Beach Pap 9 aoppiehl 0 2C04 the GoeSen Group • . ' .PeOject MnaI • 2, • i 55.7. The year arid 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: • r ; • 55.8.1. THE' CC*TiUCTOR' IS WARNED THAT EXPOSURE TO 'AIRBORNE ASBESTOS HAS BEEN ASSOCIATED WITH FOUR DISEASES: . LUNG CANCER, CERTAIN GASTROINTESTINAL CANCERS, PLEURAL OR • • PERITONEAL MESOTHELIOMAAND ASBESTOSIS. • Studies indicate • there are significantly increased health . dangers to persons exposed to asbestos who smoke, and '• further; to family members and other persoris who become • indirectly exposed asa result of the exposed 'worker • • bringing asbestos-liden work clothinghome to • be laundered. • . . . . . .55.8.2. The Contractor is edvieed that friable end/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 asbestbs 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. Imaterials do not normally release airborne asbestos fiber during routine handling and end - Use. However, excessive fiber concentrations may be produced during Uncontrolled abrading, sanding, drilling; • cutting, machining, removal, demolition or other 'similar • activitiec• : ! 55.8.3. Care must be taken' kr avoid releasing or causing to be • released, asbestos fibers into the atmosphere where' they may be Inhaled or ingested. The Occupational Safety and • • Health Administration (OSHA) .has set standards at 29 • CFR 1910.1001 for exposure to airborne concentrations of asbestos, fibers, methods of compliance, medical • • surveillance, housekeeping procedures, and other Measures that must be .taken when working with or around asbestos -containing materials. 29 CFR 1910.1001 has • been identified as applicable to construction (29 CFR 1926.55 gases, vapors, fumes, dusts and mists). The • 'Page 110 •City of Miami Beach March 2004 copyright 0 2004 in. Gonlian Group Project Manual .Envirohmental Prbtection .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. • . 558.4. Friable asbestos Containing materials -ere not permitted by current criteria and shall not be used in new construction or . 'modification projects (En 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 asbestot-containing materials is not called • for. . • 1- 55.8.5. • Maintenance, Modification, or demolition activities where exposure to asbestos dust :may occur from previously Installed friable or nonfrlable asbestos -containing material will be identified. i All precautions, to include proper work • ' practices, medical surveillance, ,respiratory protection, • industrial hygiene, and environmental protection requirements of OSHA (29 CFR 1910.1001), EPA (40 CFR • 61.140-156) and PA Circular 40-834, as applicable, shall • be strictly followed. 56. Environmental Regulations: • • • .56.1. • ..The CITY reserves the tlishti to' consider a Bidder's history of Citations • and/Or violations of environmental regulations in investigating a . Bidders responsibility, and further reserves the right to declare a • . Bidder not responsibleif :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 min -submission of any such documentation shall be deemed to be an affirmation by the8ldder 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. . March .2004 City of Miami Beach Copt ghl 9 2C04 IND Gordian Gioup Page 111 Project Manual 00900 SUPPLEMENTARY cOND • ITlONS Page 112 PAGE INTENTIONALLY LEFT BLANK City of Miami Beach copyright 0 2074 Ilia Gordan Gra+p March 20 0 4 { . Project (Manual 00923 • STAtEMENT OF COMPLIANCE .• • (DAVIS BACON ACT) . No. \V' CD` JA -o /�',-t� Contract No. Project Title .5t ', The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment 10 which this staternent is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. STATE OF COUNTY OF �Coctor !/ By (NY' (Sign re) By Cy"—, ZfC e (Name a d Title) )SS • The foregoing instrument was acknowledged before me this c:P� of, , by (1,C)m'\l •�� e or who has produced Identification and who did/did not take an oath. day ` NC AC who is WITNESS my hand and official seal, this a• .day of t, , 20 l ttEe In E, SANCHEZ Nottly p;b c - Slate et Fladde uAt,no mbjcknCNI oa r a�i3 HnnsicA 143;00i NO.Ary Ras,nr My commission expires: 12r) tc L . March 2004 rl` S�.Cr brL (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) Q8 (Serial number, if any) -Dt .: City of Miami Beach Paget 3 • coar+oK a 4004 The oe,dYn Group project Manual DAVIS BACON WAGE DECISIONS AND AS'SOCIATEO'INFORMATION • The prevailing .wage 'tates,.:GENERAL OECISION:.FL20030001 f+L1, Supersooded .General Decislon No.. FL020001..January 23, 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. • Please note that 'the Contractor wily be regeire'd to cattily 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)•'m6nths 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. • • • • Page 144 City of Miami Beach copyright 02034 The Gordian Group March 20004 ' Project Militias GENERAL DECISION: FL20030001 01/23/2004 FL1 Date: January 23, 2004 General Decision Number: FL20030001 01/23/2004 Superseded' General Decision Number: FL020001 State: Florida Construction Type: BUILDING County: Mlaml-Dade County in Florida. BUILDING CONSTRUCTION PROJECTS('does riot include single family homes and apartments up to and including four (4) stories) 0 1 . 06/13/2003 01/23/2004 ASBE0060-001 09/01/2002 . f • Rues . Fringes •ASBESTOS WORKEf7/HEAT AND I . FROST INSULATOR • $26.13 6.86 • E L E C0349-001 0 6/01 /2002 Rates . Fringes ELECTRICIAN (Including Fire Alarm l • Installation): • Electrical contracts including ' materials that are Tess than $2, 000,000 $20.50 4.30 + .8% • Electrical contracts including • materials that are over $2,00.0,000 $22.96 4.30 + 8% ELEV0071-001 11 /01 /2001 Rates • Fringes ELEVATOR MECHANIC • $25.285 7.455+A .FOOTNOTE FOR ELEVATOR CONSTRUCTORS: A: Employer contributes 8% basic hourly rata for 5 years•or 'more of service or 6% basic hourly rate for 8 months to 5 March 2004 City of Miami Beach Page 5 copyright O 2034 The Gordian Grdrp • ProjectrManual • Years of service as Vacation Pay Credit; Paid Halide* • New Year's Day; Memorial Day; Independence Day; •Thanksgiving Day; Christmas Day, plus the Friday after Thanksgiving. ENGI0487-001 7/01/2002 Rate i Fringes . . . POWER EQUIPMENT OPERATORS: • • Boom Truck Operator $22.40 • . ' 4.50 ' , Crane (including Truck Crane) . '$22.40 4.50 : • Crane Oiler (including Truck Crane) $16.15 . 4.50 Piledrivers $22.40 4.50 IRON0272-001 04/01/2003 RatesFringes IRONWORKERS: • Ornamental $19.75 4.70 !Reinforcing $19.75 • 4.70 Structural • $19.75 ' 4.70 • • .PLUM05194)01 03/16/2003 Rates • • Fringes PLUMBER $22.27 5.68 • w .... . •• "8PRINKLER FiTTR PLUM0725-001 07/16/2002 Rates Fringes ' . PIPEFITTER (inclUding HVAC) $25.05 .6.50 • ,SFFLO821-001 01/01/2003 • Rates' $22.40 FringeS 6.27 SHEE• 0032-001 08/12/2008 Rates; Fringes SHEET METAL WORKER • (including HVAC duct work) • $24.24 • 8.97 . • . . .• .• Page Ile -City of Miami Beach copyright 0 MU The Clarden Group . . . M• arch 2004 • SUFL1999-001 t 3/04/1999 • Rates Fringes' 'ACOUSTICAL TILE INSTALLER ' $10.00 0.62 ' • BRICKLAYERS/BLOCKLAYER $15.36 CARPENTER (Including Drywall 1 ..Hanging and Batt Installation) $12.90 2.40 . CARPET LAYER $14,25 ' CEMENT MASONS/CONCRETE FINISHER $14:50 3.1.5 DRYWALL FINISHER ' .$12.50 GLAZIER $13.05 2.42 • ' LABORERS: Pipelayers $13.81 Plasterer Tenders $10,O9 • • Unskilled (Including Mason Tending) $8.70 • PAINTER, BRUSH •$9.61 PLASTERER $15.05 POWER EQUIPMENT OPERATORS: •Backhoe $15,71 2,88. Bulldozer $14.58 2.85 Concrete Pump Operator _ .$14.78 Grader $15,93 2.85 Loader • . $18.04 2.85 Roller 412,84 2.85 ROOFER • •.$9.99 • TILE SETTER $12.80 0.87 • TRUCK DRIVER •$10.95 • 1.83 1 WELDERS Receive rate prescribed for creft performing operation to which welding is Incidental, ; Project IMenua€ 1 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)(11)). In the listing above, the "SU" designation 'means that rates listed under that identifier do notref€ect collectively bargained wage and fringe benefit rates. Other designations :indicate unions whose rates have been determined to be prevailing. • March 2004 City of Miami Beach ooarriphl O 20 4lbw oaraln O Page 7 • • ' • Project Mahtial 1.) WAGE DETERMINATION APPEALS PROCESS• Has there been an initial decision in the ilatter? This can be: * an existing published wagedeterrninitiOn * 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 releited.matters, initial donte8t, including requests for summaries of surveys, Should be ;with the Wage and 'Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the • response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With'regard to any otherMetter not Yet ripe for the fofrnal process • 'described here, Initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch cif ConstructionWage 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 ye, then an intereated party (those affected by the actlan) canrequest review and • reconsideration from the Wage and Hour Administrator (See .29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be atcompanied by a full statement of the • interested party's position and by any information (wage payment ' • 'Page 118 „ . • City of Miami Beach copyright 2004 The Gordian Group . . March 2004 . : • • . data,: project description, 'area practice 'materlai, etc.) that the requestor considers relevant to the issue. ' 3.) If the .decislon of the AdminIstratIs .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 theAdministtative Review Board are final. • END OF GENERAL DECISION • 1 . March 2004 City of Mlaml•Beach copr4ht2c04 The Barn Waup Project Manual Page 119 • Protect Manual • GENERAL DECISION: FL20030044 FL44 • ..Date: June 13, 2003 General Decision Number: FL20030044 Supe'rseded'General Decision No. FL020044 State: Florida .. Construdtion Type: •HIGHWAY Ccu'nty(les): DADE HIGHWAY cONSTRtib-notst PRCJECTS(excluding tunnels; building struations in rest areas projects, and railroad construction; bascule, suspension & spandrel arch -:bridges designed for commercial navigation; bridges involving marine construction;; 'other major bridges). • M0difcation Number Publication Date • ' 0 . 06/13/2003 COUNTY(Ies): .DADS 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 Pipelayers 9.14 • Unskilled • 7.55 IRONWORKERS: • Reinforcing 13.52 Structural 14.65 • :PAINTERS 11.62 . Page 120 City of Miami Beach aop/rlphl to 2004 The Gordian Group March 2004 • • 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 Earthrnover 9.57 'Forklift Op. ; 8.00 Front End Loader: 1 cu. yard and under • . ' 9.29 Over 1 cu. yard - 0.68 :'Grademan . 7.64 Oradell 10.50 Guardrail Post Driver Operator . 16.75 • 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,g1 '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 •March 2004 City of Miami Beach coppichlo 2034 The Gordian Group Project Manual Page 2 :Project Manual • •TRAFiC SIGNALIZATfON: ' • Installer 8:61 • 'Mechanic • 11.47 • TRUCK DRIVERS: Low -Boy 8.63 . Single & Muitl-Rear Axle 8.05 • WELDERS - Receive rate prescribed for craft perforrnIng 'operation to which welding is incidental. Unlisted classifications needed for work hot' included within the " scope of the classifications listed may be added after award only es , provided In the labor standards contract clauses (29 CFR 5.5(a) (1)(11))• 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 desighatitins • 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 natters, 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. Page 122 City of Miami Beach copyright 0 2004111e Gordian Group March 2004 • ,Project 1iAanuat With regard to• ahy 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 arid Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 • •The request should be accornpariied 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 10 the Administrative .Review Board (forrnerty the Wage Appeals Board). Write to: Admirilstrative'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. i • • ENO OF GENERAL DECISION • March 2004 City of Miami Beach oopyriphi m 2034 The Gordian Group Page123 901rMM, f.. • • Project -Manual ' 00925 • CERTIFICATE OP SUBSTANTIAL COMPLETION PROJECT: CITY AND OR (name, address) PROGRAM MANAGER: BID/CONTRACT NUMBER: TO (CITY): , . .. • CONTRACTOR:. ' PROJICT NUMBER: . . . ..: NOTICE TO PROCEED DATE: ' . DATE OF ISSUANCE: . PROJECT OR DESIGNATED •PORTION.SHAL'L INCLUDE: The' Work 'performed under this ' Contract has been reviewed and found to .be substantially complete • and all documents required to be submitted lay 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 Docurents, except as stated below. = . . DEFINITION OF DATE OF SUBSTANTIAL•gOMPLETi"O'N • 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 124 City of Miami Beach copyright G 2001 The Ga din Grasp March 200Z4 • 'Project Manual List .of items •to be completed or corrected, prepared by CITY and or Program Manager, Is attached hereto. The failureto 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 Ilst will be the date of final payment unless otherwise agreed In writing. City and/or Program Manager By Date In accordance With Section 2.2 of . the Contract, CONTRACTOR will cornilete 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 . y. . Date 'CITY, through the Contract Administrator', accepts the Work or portion thereof • designated by CITY as substantially complete and will assume full •posaesslon thereof at (time) On • (date). City of Mlaml Beach; Florida • By Contract Administrator Date - The responsibilities of CITY and CONTRACTOR for security, maintenance, heat, • utilities, damage to the work and Insurance Shall be as follows: March 2004 City of Miami Beach oop lghl 02004 Tha Ciad{en Qioup Pape 125 Project Manila! 00926 FINAL CERTIFICATE OF PAYMENT PROJECT: CITY AND OR (name, address) PROGRAM MANAGER: BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR . PROJECT NUMBER! • • NOTICE TO PROCEED DATEc DATE OF ISSUANCE: . . . . . • • • :All conditions or requirements of any permits or regulatory agencies have been atiSfied. The ,documents required bySection 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. • • r CITY and/or Program Manager By • Date • CITY and/or Program Manager By Date CITY, through the Contract Adtninittrator, accepts the work as fully complete and will assume full possession thereof at (time) (date). - • • . CITY of Miami Beach, Florida • . ..• . By Contract Administrator Date Page 126 City of Miami Beach 4.pyrieht02034 TN Gordon coup March 200t • . • • . . . .• • ' , • ProjectlManual .0'0930 FDItMI OF FINAL RECEIPT The following forth will be used to show receipt of final payment for this Job Order. FINAL. RECEIPT FOR CONTRACT NO.: . . Received this .. . day of , 20' , 'froth'. City.of Miami Beath, Florida, the sum of Dollars ($ .. ) as full end final payment to CONTRACTOR for , all work aril materials for the Project described as: This sum Includes full and final payment' for all extra work and material ,arid all ' incidentals. • CONTRACTOR hereby Indemnifies` and releases CITY from all hens arid 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 Pro]ect 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 payrnent In a form satisfactory to CITY. CONTRACTOR further certifiesthat all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. jif Incorporated sign below.] CONTRACTOR ATTEST: Secretary (CORPORATE SEAL) - March 2004 Name .By Title Date: City of Miami Beach Page 1.27 mpytl0hl 42 2004 The Gordon Group • • . •Praject Manual • • of riot Incorporated sign`belaw.I CONTRACTOR WITNESSES: .;• • Name By Date: . Page 128 City of Miami Beach copyright 0 2034 The &'dien Group March 2004 .project i~Aanual . 01o00 ADDENDA'AND'MODIFIc ATIONS Ail addenda and other modificatioris made'prior to the time and date of bid .opening shall be Issued as separate documents identified as changes to the `Contract Documents., :March 2004 City of Miami Beach mpyriphto 20 4 The Gordian croup Page 129 • Project Illlaiival • TABLE OF CONTENTS FOR THE JOC SUPPLENIENTAL GENERAL CONDITIONS ARTICLE 1 . . THE CONTRACT 153 ARTICLE 2 INTERPRETATION OF THE CONTRACT DOCUMENTS...,134 •ARTICLE 3 CONTRACT PERFORMANCE PERIOD 135 ARTICLE 4 OPTION TO EXTEND CONTRACT PERFORMANCE 135 ARTICLE 5 OPTION TO UNILATERALLY EXTEND CONTRACT 135 ARTICLE 6 ECONOMIC PRICE ADJUSTMENT - (APPLICABLE TO THE OPTION PERIODS ONLY) 136 ARTICLE 7 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION 136 • ARTICLE 8 CHARACTER OF THE WORK ......137 ARTICLE 9 MEANS AND METHODS OF CONSTRUCTION •.....137 ARTICLE 10 'CONTRACTOR'S STAFF .138. ARTICLE 11 COMPETENCE OF WORKMEN ,....138 ARTICLE 12 ORDERING WORK ,....139 ARTICLE 13 CONTRACTORS RESPONSIBILITY TO BECOME FAMILIAR .WITH THE WORK......:..... .....144 ARTICLE' 14 MEASUREMENTS TO BE VERIFIED .....144 'ARTICLE 15 • FINAL INSPECTION, ACCEPTANCE AND JOB ORDER • COMPLETION ,...144 .ARTICLE 16 CITY FURNISHED EQUIPMENT/MATERIALS .....146 ARTICLE 17 SALVAGE AND SALVAGE DISPOSAL ..,..146 ARTICLE 18 WORK BY OTHERS HIRED OR EMPLOYED BY THE CITY....146 :ARTICLE 19 =LIQUIDATED DAMAGES. ,....146 ARTICLE 20 REQUESTS FOR INFORMATION OR APPROVAL .....147 ARTICLE 21 CONTRACT ADMINISTRATOR • .....147 '. ARTICLE 22 THE PROJECT COORDINATOR/PROGRAM MANAGER,....148 ,: ARTICLE 23 THE INSPECTOR ....149 ARTICLE 24 . SITE PREPARATION AND CLEANUP .....149 :ARTICLE 25 ON -SITE STORAGE .. i ..• .149 ,ARTICLE 26 DISRUPTION OF COMMUNITY ACTIVITIES 150 ARTICLE 27 • TRUCKING ;...t ..150 ARTICLE 28 • • EXISTING ELEVATORS ; 150 ARTICLE 29 CONSTRUCTION ELEVATORS, ETC 150 -ARTICLE 30 ACCESS TO BUILDINGS AND SECURITY 151 ARTICLE 31 EQUIPMENT AND FURNITURE. 151 January 2004 City of Miami Beach oopyrlphl O EN The Gordian Group p Project "Manual ' ARTICLE 32 ARTICLE 33 ARTICLE 34 ARTICLE 35 ARTICLE 36 ARTICLE 37 ARTICLE 38 ARTICLE 39 ARTICLE 40 • ARTICLE 41 ARTICLE 42 ARTICLE 43 ARTICLE 44 'ARTICLE 45 • • • ARTICLE 46 ARTICLE 47 ' ' • ARTICLE 48 ARTICLE 49 ARTICLE 50 ARTICLE 51 ARTICLE 52 • ARTICLE 53 APPLICABLE REGULATIONS ENVIRONMENTAL PROTECTION PROTECTION OF WORK AND PROPERTY - FLOOR LOADING •PROJECT SITE MAINTENANCE MATERIAL AND EQUIPMENT PROTECTION AND SECURITY 155 156 .157 157 157 158 161 161 161 162 162 .162 163 163 .163 164 164 151 153 153 155 155 EXPLOSIVES AND BLASTING CUTTING AND PATCHING 'BARRIERS POLLUTION CONTROL TEMPORARY SERVICES AND UTILITIES ' - HOURS OF WORK AND ACCESS ALL LEGAL PROVISIONS DEEMED INCLUDED ARCHITECTURAL AND ENGINEERING SERVICES • WORK INVOLVING HAZARDOUS MATERIALS PRE -CONSTRUCTION CONFERENCE JOB MEETINGS ENERGY CONSERVATION • INTERGOVERNMENTAL PURCHASING AGREEMENT COMPUTER REQUIREMENTS CITY FURNISHED SOFTWARE COMMUNICATIONS Page II City of Miami Beach .lanuary:2004 oopyrly 1O2GOeTheGordianGroup .Pioject Mahual •••••~ • • . 61000 JOC SiiPPLEMENTAL. CONDIlithit ARTICLE • THE CONTRACT ; .1.1. The Contrat bobUrrients for the Contract. The Contract repretants the entire iritegrated agreement between. the parties and supersedes ail prior negotiations, representations and agreements, either written or oral Including the bidding documents, 1.2. The COntrad Documents Shall InClUde: • VOLUME I: • Project Manual VOLUME ila: COnitructiOn Task Catalog Construction Task Catalog VOLUME lila: .Technical SpeCificatians VOLUME Illb: Technical SpecificatiOns VOLUME Ilic: Technical SpecifidatiOhs 1.3. OverView of the Centred 1..3.1: Job Order Contact (JOC) ' is a coMpelltively bid, firm-fliotd-price" indefinite quantity contract. It inclUdes a collection of detailed repair • And construction tasks and Specifications that have established unit • prices. It is placed with a • Contractor for the accomplishment of 'repair, alteration, modernization, rehabilitation, construction, etc., of buildings, structures, or other real property. Ordering is accomplished • by means of issuance of a Job Order against the Contract. 1.3.2. Under the JOC concept, the 'Contractor furnithes 'Management, labor, . materials, equipment and architectural iand engineering services required to support Individual Job Orders. 1.3.3, The JOC contract includes a'COristrUCtion Task Catalog (CTC). The . , . ,..CTG was developed by the CITY and Is based on the use of .• • experienced labor and high quallty materials. The CTC also incorporates lOcai activity, climate And geographic features. 1.3.4. Bidders WillOffer (2) sett Of adjustment fat that will be .applied • against the prices set forth in the Construction Task Catalog (CTC). One set will be for work when Davis -Bacon Wage decisions wilt not apply for construction performed during normal or other than normal • working hours with and .without Architectural and Engineering Services. The second 'set will be for work when Davis Bacon Wage • Decisions do apply for construction performed during norrnal or other . than normal working hours with and without Architectural and . •. , • . March 2004 City of Miami Beach coprIght 2004 lbe Goodian 13/oup Page 133 .project Manual Engineering Services. These'adjustment factor's 'will be used to price • 'individual scopes of wok by multiplying the adjustment factor by the unit prices and quantities. • • 1.3.5. As Jbb' Order Contract requtremerttsare identified' by the. CITY, the Contractor will be issued a Request for Proposal and will be required .to develop a detailed price proposal. The Contractor will submit their price proposal to the CITY. If the Contractor's proposal is found acceptable, a 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 establishrneint '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. • ' ARtuCLE 2 iNTERPMETATION OF THE CONTRACT DOCUMENTS .2.f. 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 Inferablefrom 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 brawings if any, shall not restrict the Contractor In 'dividing the •Work among Subcontractors or in establishing the extent of Work to be performed by any trade. • • 2:4: • The JOG 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. , Page 134 City of Miami Beach copyright 0 2004 The Oordlon Group March 2004 • . • • ARTICLi3 CONTRACT PERFORMANCE 'PERIOD The Contract performance :period' S tivelve (12) months .frorn the date of award of the Contract or the achlevernent of the Maximurn Contract Term • Value of $2,000,000 for 12-03/04 and 13-03/04 and $5,000,000 for 14-03/04. The CITY shall have the option to extend the term of each Contract for four additional Contract Terms of twelve (12) months each. The total Contract Performance period shall not exceed twelve (12) months each. The total Contract Performance period shall not extend beyond sixty (60) months. Job • Orders placed prior to, but not completed by the expiration of thls Contract, will be completed with all provisions of this Contract still in force. 3.2. A Job Order Completion Timefor each Job Order issued under this COntract NM be determined in accordance with Article 12-Ordering Procedures. i • • • 8.3. :CITY is entitled to end expeCts full contract perforrhande 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 o.ktoNiro tirrEND.6ciktkACT tiERPORMANcE 4.1: CITY may -riot extend any indiVidual'JOC contractlerrrbeyOnd one (11) year. • Therefore, If during the one (1) year contract term, the Contractor fails to reach the Maximum Contract Term Value, the • Contract will still tentinate, 'Unless an option Wan Is exercised. if there is Unused contract value left on an individual Contract term when it eXpires after one (1) year, CITY shall carry • any unused value over to any additional Contract terms. • • .ARTICLE 5 . OPTION. TO UNILATERALLY EXTEND CONTRACT • 5.1. Th6 Conteact contains an Option td' Extend Provision, for four.(4) additional one (1) year contract terms. The CITY has the unilateral option to extend. Procedure for exercising option: ; • • • •.: 5.1.1. Three'(3)"montht prior to the Contract •expiration date, the Contract • Administrator, If he desires, ;shall issue the Contract or a 'preliminary • written notice of its intent to extend for •an additional Contract term • before the Contract expires. : 5.1.2 • The eXtension shall be'accoMpliShed 'priOrto'CurrentexPiration date. Actual extension to contract shall be accomplished by written notification. . . • 5.1.3 The total duration of thia Contract, includingthe "exercising of the • .option terms, shall not exceed five (5) years. •. • •• . • .: . . March 2004 • • ••••••••••••••••••• mum n City of Miami Beach copyright C 2004 The Gordian Group . : • • • Page 135 = Project Manual ARTICLES . .ECONOMIC PRICE .ADJUSTMENT '(APPLICABLE TO THE : OPTION PERIODS ONLY) .6.1. Tills Article provides a mearis to adjust the. Contractors Adjustment Factors on an annual basis from the dale of the Contract award using actual escalationlde-escalation as measured by the Construction•Cost Index (CCI) published in the ENR (formally known es Engineering News Record) calculated for the U.S. Twenty (20) City Index. . 6.2. The "original •Adjustment • Factors" are those • Adjustmeent 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 fix -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 follo'WIng the Initial'Co'ntract 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." The Economlc • Price • Adjustment fog''. 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. • Ali the above computations shall be carried lb five (5) cloche! places and then rounded to four (4) decimal places. Rounding of numbers. shall be • accomplished by increasing the fourth decimal place if the fifth dedlmal is equal to five or greater. If the fifth decimal place Is equal to four or less„ the fourth decimal shall remain unchanged. • ARTICLE 7 • . SPECWICATIONS AND.DRAININGS FOR CONSTRUCTION ' 7.1, • The 'CITY Is not required to furnish dra'wings' or additional specification:i for Job Orders IssUed under this contract.: The CITY `may, however, choose to • ,Page 136 City of Miami Beach oopy7lpht O 2004 The Qardkn Group ' March 2004 . • Projeet Manual do so. If CITY provides such drawings and additional .specifications the provision listed below shall apply. 7.2. In case'of conflict between requirements, the requirement which meets all the Codes and, which in the opinion of the CITY is more advantageous to the CITY, shall govern. f ..ARTICLE S CHARACTER OF THE WORK f3.1. The Work to be performed 'by the iCantractor In •connection with • each Job Order will be described in the Detailed Scope of Work issued vrlth each • . Request for Proposal.' • 8.2. . Unless otherwise expressly provided in a Job Order, the Work must be • performed in accordance with the best, modern practice, •with materials and Workmanship of the highest quality, to the satisfaction of the CITY.:. 8.3. In addition to the standards that a're prescribed herein, all Work shall conform . to fire and safety regulations prescribed in the CITY of Miami Beach Building • Code, and all codes and standards referenced therein,incluslve 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 Amerlcan 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 Speclficatlons and those specifications contained In the Contract Do+:;uments, the most stringent shall govern. In case standards •for materials and operations are hot 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. ' :T o Means and Methods of Construction shall'ee such as the Contractor may choose; subject, however, to the City's right to reject means and methods proposed by the Contractor that: . 9.1.1. Will constitute or create a !hazard to 'the Work, or to persons or property; or 9.1.2. : Will not produce finished Work in •accordance with the terms of the Contract; or • March 2004 City of Miami Beach Page 137 copyo zoo, The Gordian Group ,:Project Manual 9.1.3. Unnecessarily increase the price 'of the Job Order when alternaatiVe 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 • CONTAACToRiS STAFF 10.1. General:' The Contractor shall, Immediately capon receihIng a 'fully executed copy of this Contract, assign and maintain during the term of this Contract and any extension of it, 5in adequate •staff of competent personnel who are • fully equipped, licensed as appropriate,i 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 rninlmurn, the Contractor shell 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 deer' the performance of any employees of the Contractor • •• unsatisfactory, the Contractor shall terminate the involvement of such •employees in ali'areas of Contract performance. ' ARTICLE 11 COMPETENCE OP 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 .perfoninance, the Contractor shall be responsible for and shall insure that no • ,'critical facility or utility equipment (plant type equipment) construction or repair work Is performed by personnel with an experience level less .Iihan 'Journeyperson. However, personnel with lesser experience may serve as a ••helper. In all instances, for any work performed under contract, personnel • who have an experience level below journeyperson shall be under the immediate supervision of a person with experience level at or above . • Journeyperson as appropriate to the' occasion. •The Contractor shall assure that a journeyperson, foreperson; master, eic., as appropriate, performs or ' supervises all required work or services.. • . • ' Page138 City of Miami Beach • •mpyrlph1 O saw Th. a«dw, Group March 2004 5 :::.fir •'•.: Project (Manua! 11.2. The Contractor shall assure `that a `journeyperson, foreperson, Master,.etc., as appropriate, who is capable of directing the Work, performs or supervises • all required Work or services. • ' 11.3. Conditions which require the constant, presence of a CITY Inspector to assure the quality of the work will not be .tolerated. Any worker who does not producequality 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 C1T1''. • 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 Jab Order 12,1.1. As the need exisls for performance by the Contractor under the terms of this Contract, the CITY will notify the Contractor of a Joint Scope Meeting. 12.2.Upon this notice, the Contractorshali respond to'the needs' of CITY within two' . (2) working days by: •. • 12.2.1.. Establishing verbal. contact With CiTY to fuither 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 riuribor and title the detailed scope of the Work existing site' conditions methods and alternatives for aC'corriplishing the Work access to the Site and protocol for adrlsslon : • ' ' hours of operation . staging' area requirements for dataiogcuts, technical data, 'Sarnples'and Shop Drawings . . requirements for engineering and architectural services including sketches, Drawings, Speciticatians, and as=bullts March 2004 City of Miami Beach copyright 0 Poo+ The Gordian Glow Page z .' • ... ';Project Manual Pitilminaryquentityestirriates • • , • • the applicable Wage Decision.for Federally Funded Objects ConstrUctionduration • • liquidated &Magee ' specific quality requirements eqUIPMentand Material • the presence of hazardous Materials date On which Job Order Pita Proposal Is dire 42.3. After the 'Joint SCOpIng'prOcest,. the Contractor and the'CITY Will agree on . . Detailed Scope of Work, together with a tentative .schedule, any sketches, • • . 'Drawings and Specifications required to adequately dbcument the Work lo be accomplished. The Detailed Scope .of Work, unless modified by both the : • '.Contractor and the CITY, will be thebasis on. which 'the Contractor Will • develop Its Job Order Price • Proposal and the. CITY will evaluate the Job • Order Price Proposal. • • . •• . . 12.4; Upon•dbmpletion of the joint scope Meeting' and the Detailed Scope of Work . • the CITY will issue a Request For Proposal (RFP) which requires the Contractor prepare a price proposal for' the work under consideration by the . • date Indicated on the RFP. 128. the,COntraotor will prepare The Job' Order Price OroPosal in accordance with . .• ' : • . " • , • • . • • , the following: 12.5.1. Pre -priced work requIrdinents. Pre -priced Work' requirementwHl Identify the type and number of Work units required from the Volume •' • II Construction Task Catalog. The price per unit set forth in the Construction Task Catalog shill 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, specifications, and .architectural . renderings. . • 12.5.2. NOn.Pre-Priced Work Requirernents: Units orWOrk not included in the • • • Construction Task Catalog but within the general scope and Intent of this Contract may be incorporated into this Contract as needs arise. ,Such work requirements shall be incorporated Into and made a part • , of this .Contract for the Job Order to which they pertain, and may be • • incorporated Into the Construction • Task Catalog if determined • • • , • • . • •• •• Page 140 City of Miami Beach copyrighl • 21:04 ITN) ord Ion Group March 2004 • 5. • • • , ,.Project Manua# appropriate • by CITY at the `base price determiried in 'this .provision.• Non Pre -priced work requirements'shall be separately identified and submitted in the Job Order Price Proposal. Information submitted In support of non pre -priced worst shall include, but not be limited to, the following: • 12.5.2.1. Complete•specificatians and technical data,'Includir►g 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 Aor ' demolition price if appropriate) which shall Include all costs required to accomplish the Non Pre -priced Task. , 12,5.2.4. The final price •subs fitted for Non Pre -priced Tasks :shall be • 'according to the following formula: Direct Labor Cost (up lhrbugh 'the •forernan level and . • including fringe benefits) . B Direct Materiial'Costs '(supported by quotes) • •C = Direct Equ1p'ment Costs (supported by equipment . amortization data) . , • = Subcontractor Costs (supported by quotes) E = Allowable Dyer' Head Costs = A x 55% P.=• Allawabie Profit= (A+B+C)x 10% G = .Subcontractor Allowance =13 x'10% Total Cost of Non 'I re -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. • March 2004 City of Miami Beach oopyr1OM 0 2004 The Gord1W coup Page 141 •. ProJect Manual , 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. • 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'adjustmentfactor of 1.0000.' 12.5.2.7. After using a ,non pr'e-priced item on 'three separate Job Orders, the CITY reserves the right'to includethe 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. Architectural Or: Engineering Drawings or sketches as • required. 12.5.3.4: Catalog cuts, techniclal data or sarnples roquireid 12.6.3.5. • List Of anticipated •Sub'contractors and Materialrnen 12.5.3.6. •Construction schedule; ' 12:5.3.7. Certificates for•anY sriecial insurance required; . ' 12.5.3.8. Sample warranties or guarantees •for materials, equipment Or systems proposed; 12,5.3:9 Schedule of Values If required. 12.5.4. The .Contractor's Job Order Price Proposal shall' be submitted in accordance with the date indicated on the REP. .Unless otherwise stated on the RFP, the Price Proposal will be due no longer than five (5) working days after the issuance of the RFP. The CITY may allow ''additional time for preparation .of the Contractors Job Order Price • Proposal for complex Job Orders requiring engineering/architectural drawings and approvals and permits, Allowance .will be made to .provide adequate time for preparation and submittal of the necessary .' documents and the Job Order Price Proposal and so reflected in. the Job Order Price Proposal due date entered on the RFP. In emergency work situations and minor maintenance and repair Job. Orders requiring immediate 'completion, the Contractor's Job Order j Page142 City of Miami Beach a p,. O 0 aoo. The Gannon Group March 2004 Project Manual Price Proposal may be required quiCkiy and the due date will be So ' Indicated on the RFP. •12.6. Review of the Job Order Price Prbposal'and Issuance of Job Order • 12.6.1. The CITY shall evaluate .the entire Job •Order Price Propdisal '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 cry, the . . Contractor agrees to accomplish the Work set forth in the [:retailed • •Scope of Work in accordance with the • Request for Proposal at the . price submitted. It is the Contractor's responsibility to include the • necessary tasks and quantities in the Job Order Price Proposal prior to delivering it to the CITY. ; - • 12.6.4 Each Job Order .provided' to the Contractor * shall reference the Detailed Scope of Work and set forth the fixed price to be paid and , the Job Order Completion Time.. All clauses of this Contract shall be • . applicable to each Job Order.. The Job Order shall be signed by the • CITY and delivered to the Contractor for signature. The Contractor. • shall sign a copy of evidencing acceptance of the Job Order. ' 12.6.5. in the' event that immediate erhergency "response .la necessary the • Contractor shall be required' to follow alternative procedures as established by the CITY. Thin alternate procedure may be more • • • burdensome to the CONTRACTOR than the procedures described in this section. The 'Contractor shall begin Work as directed not • • withstanding the absence of a fully•developed Request for Proposal, Detailed Scope of Work, or Job Order. The Contractor shall be compensated in accordance with the CTC and Non Pre -priced Tasks as if the Work had been ordered under the standard procedures. '12.6.6. If the City finds inconsistencies with' the Contractor's Price Proposal • the CITY may request the Contractor to re -submit Its Price Proposal or cancel the Job Order. If the Contractor consistently submits Price • .March 2004 City of Miami Beach cap 601 C 200+ 9n Gordian Group Page 143 .. Project Manual • . Proposals which are rejected by the CITY, the CITY may declarer the • Contractor in default and Initiate termination of the Contract, according to'Articie 15 of the General Conditions. 12.6.7. After the CITY has revIeWed the •Cohtractor'9 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. .• . .1'3:2. Uhless' otherwlse 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 .tie 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 ail measurements at the site of a specific Job Order, and shall be responsible for the correctness of same. No extra charge or compensation will be allowed on account of difference between actual dimensions and the measurements • Indicated In the RFP. Any difference, which may be found, shall be submitted .to CITY for consideration before proceeding with the work. • ARTICLE 15 . FINAL INSPECTION; . ACCEPTANCE AND' .JOB ORDER. - . , COMPLETION •'15.1. Contractor's Punch List " Page 144 City of Miami Beach ••GOpYPWh102aw IN aordlanO oup March 2004 Project Manual 15.1:1. When the Work is near cornpietion, the Contractor, CITY and or Program Manager shall inspect the Work and the Contractor shall • prepare a list of all items remaining on the Work prior to final completion. Said list shall be.known as the Contractor's Punch List. 15.1.2. The -Contractor shall. proceed to complete'orcorrect all items listed on the Contractor's Punch List and verify that the items have been .'completed or corrected by signing said Punch List. • 15.1.3..The Contractor' shall subrnll the Signed Contractor's Punch •li<.Ft•tb•'the' CITY and or Program •Manager with a request for a Final Inspection • of the Work. . 15.2 The CITY's Punch List• • 15.2:1. Upon receipt of the •Contractor's'.regcest, the CITY and or 'Program • • •Manager shall conduct a Final Inspection to determine whether the • Work complies with the Contract Documents. . .15.2.2. At the conclusion of the. ritiar Iris$ctioh. the CITY and or'Program . • Manager shall notify the Contractor of any.iten1's remaining which Is in a deficient or unacceptable condition. Said list shall be known as • . the City's Punch List. 15.3. Correction of the CITY'5 Punch List I . 15.3:1. Within 3'days of receipt of the City's •Punch List, the Contractor shall • • commence correcting all Items on the City's Punch' List. • ••.15.3.2. If'the Contractor does -not complete the items on the Owner's Pinch •List within 10 days of receipt of the Owner's Punch List, the provision • in Article 15 of the General Conditions may be Invoked. 15:3.3.. If the Work on the Citits'Pdinch List cannot be •cornpietad Within the 'stated time, the Contractor shall Justify to the approval of the CITY ,and or Program Manager why items cannot be completed and a mutual time will be agreed upon when such items will be completed. If liquidated damages have been applied to the Job Order, this time • •,. in no way effects the original contract schedule, 15.3.4.. • Failure of the CITY 'and .or Program Manager to include any itern on . . the City's Punch List shall not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. 15.4.. Items dlscovered after the original Punch•'List' which' are pert of the Job Order shall be completed under warranty and within •10 days of notification to the Contractor. March 2004 City of Miami Beach Page 145 copyright 0 2004 m. Gordian Group Project Manual ARTICLE 16 CITY FURNISHED EQUIPMENT/MATERIALS 16.1. .From time to- time CITY may elect Ito supply 'its own materials end/or equipment for a specific protect. 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'shaii 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 Oct 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 HIREDOR EMPLOYED BY THE CITY 18.1. CITY reserves' the right to undertake performance by other' Contractors or CITY forces for the same type or similar work as provided for hereunder, as •CITY deems necessary or desirable, and to do so will not breach or otherwise violate this Contract. The specific Detailed Scope of Work contracted for • hereunder shall be defined by the individual Job Order issued. ...ARTICLE 19 LIQUIDATED DAMAGES 19.1 • Tirnely completion of Job Orders issued'under this Contract Is of the'essence. Should the Contractor fail to complete the work specified in the Job Order, also see Article 2.3 In the General Conditions concerning Liquidated Damages. • . Page 146 City of Miami Beach copoghIo 2C04 T. Odin Group March 2004 ,Project Manual 19.2. Nothing .in this article shall be .construed as, limiting the • right',of CITY to proceed under Article 15 entitled '"City's Right to Terminate Contract" in the • General Conditions. • 10.3, Nothing herein contained shall be construed as limiting the- right of the CITY • to recover from the Contractor any •and all amounts due or to become due, • and any and all costs and expenses sustained by the CITY for improper performance hereunder, repudiation of the Contract by the Contractor, failure to perform or breaches in any other respect, including but not limited to defective workmanship or materials.: Liquidated •damages received herein 'are not intended to be nor shall they be . treated as either a partial or full waiver or discharge of the City's right to indemnification (as described in a separate article herein) or the Contractor's obligation • to Indemnify the CITY, or. to any other remedy provided for by ...Contract or by Law. 19.5. The CITY will deduct and retain out of the monies which • may become due herein, the amount of any such liquidated damages; and in case the amount which may become due herein shall be less than the amount of liquidated damages suffered by the CITY, the Contractor or the Surety shall be liable to pay the difference upon demand by the CITY. 'ARTICLE 20 REQUESTS FOR INFORMATION OR APPROVAL 20.1.: From title to time as the Work .progresses and in ,th'e sequence indicated by the approved Progress Schedule, the Contractor must submit to the CITY a specific request in writing for each item of information or approval required by him. These requests must state thelatest 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 AOMINISTRATOR 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 dlspdtes 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 March 2004 City of Miami Beach copyright 0 2;O4 The Gordian Group Page 147 • I ProjectManual - Contractor to receive any monies under the contract except as otherwise • enumerated in the CITY General Conditions). ARTICLE 22 THE PROJECT COORDINATOR/PROGRAM. MANAGER • 22.1. - The • CITY'S Project Coordinator/Program Manager, in 'addition to' those matters elsewhere herein delegated to the Project Coordinator/Program Manager and expressly made subject to his/her/her determination, direction or approval, shall have the CITY: • 22.1.1. To determine the amount or quantity, quality, -and acceptability of the work and materials and location of the Work to be paid for hereunder; • 22.1.2.. To determine all questions in relation to the .Work and performance thereof, to interpret the Detailed Scope of Work, Contract Drawings, • Specifications, and Addenda, . and to resolve all patent Inconsistencies Or ambiguities therein; 22:2.3. To determine how the Work of this Contract shall be coordinated with Work of Other Contractors engaged simultaneously on this Project, including the power to suspend any part of the Work, but not the whole thereof; 22.1:4.. To make changes' In the Worst 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. 22.1.5. To amplify the• Contract 'Drawings, add explanatory information and furnish additional Specifications and Drawings, consistent with the intent of the Detailed Scope of Work. .22.1.6.'To • suspend .the whole or any part of the Work Whenever In. its • judgment such suspension is required (a) in the Interest of the CITY . 'generally, or (b) to coordinate 'the Work of the various Contractors engaged on a specific Project, or (c) to expedite the completion of a . .Project even though the completion of a particular Job Order may be thereby delayed. '22.2. The foregoing enumeration shall not .iniply any limitation upon the powErr 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. ' Page 140 City of Miami Beach oopyrpM 0 2004 ins Gouger Oroup March 2004 • • Protect Manual •ARTi1CLE 23 THE INSPECTOR 23.1. The CITY may appoint such persori'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 Protect Coordinator/Program Manager at the Site, and subject to review by the Project Coordinator/Program Manager, shall have the power, in the first -instance, to Inspect, supervise and control the performance of the Work. • 23.2. The. Inspector, shall not however, have the power to issue a Job Order for Extra Work, and the performance of 'such Work by the Contractor by direction of the Inspector without thereafter :obtaining a Job Order duly signed and issued In accordance with the established ' procedures ..therefore, shall constitute a waiver of any right to extra compensation therefore3. The Contractor is warned 'that -the inspector has no power to change the terms and provisions of this Contract In any respect. The Contractor shall: 24.1. Coordinate with' CITY on a scquenci of procedures for gaining'actess to the .premises, space for storage of materials and equipment, work of materials, use of approaches, corridors stairways, and similar features of a structure. This coordination is -required prior' to commencement of work at a time • directed by CITY.• 24.2. Move the furniture and portable offlde equipment MIN) imrnedlate 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 agenciesfor movement of vending machines. • 24.3. Perform clean 'up and site restoratiOri' prior to final Walk-through Inspection: All projects shall be delivered in a clean, orderly and usable condition. ARTICLE 24 ....SITE PREPARATION AND CLEANUP • ARTIcLE25 ON-SiTE STORAGE 25.1. If, during' the course of the contract, the Contractor finds It necessity to place temporary storage trailers containing materials and/or equipment on CITY property, an onslte area will be designated by the'CITY. However, the CITY assumes no responsibility for'such stored material, equipment, buildings, or trailers. March 2004 City of Miami Beach ccpyrlpht 0 2(, 7h. aadion Group Page49 ', Project•Nlanuai • ..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 be accomplished *in accordance with the schedule set forth in Job Orders issued hereunder: Schedule revisions shall be rnade . known to CITY on a .timely basis. work operations shall not create a nuisance Id adjacent tenants or the surrounding neighborhood. ARTICLE 27 • TRUCKING 27.1. The Contreeter 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 shell be placed over the loads for materials.spbJect to blowing. ...ARTICLE 28" EXISTING ELEVATORS 28.1,• .Any btu-061Ery use *of existing elevator '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.• • 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. 1 ARTICLE 29 ' • CONSTRUCTION' ELEVATORS, ETC.. • 26:1. The Cbritractor shall construct elevators, cranes .arid other rigging; lifts, etc., as required for the work. 29.2. All such construction shall be 'carried oLit as required •by the local preva ling . 'Building Codes within the City of Miami Beach and subject to the approval of the City. . 29.3. The Contractor shall maintain •stairways throughbutthe whole height of the . •structures in condition for safe usage by mechanics and others. Page 150 City of Miami Beach March 2004 copyright O 2C04 • he Gordian Group • • • . ' • • Project ManUal , ARTICLES 'ACCESS To BUILDINGSIANID SECURITY 301. It shall .be the•COntradort respOnsibility:through• CITY and apPrOpriefe CITY • staff, to obtain access to buildings and faCIlitles and arrange for the buildings to be opened and closed. It shall bethe Contractors responsibility to arrange for adequate security of the work site(s) at the end of each work day and on eekends. • 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 PURNIi•URE. . .31.1. Futhlture and portable equipinent In the •immedlate 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 niaterials and equipment and accornplithrnent Of work shall be made With a minimum of interference to CITY operations and personnel. 31.3. The Work shall, .sO far as 'prackable; be done in definite'sectIons'Or divisions' • ' and confined to limited areas. Work shall be completed in the section before Work In other sections or divisions are started. ARTICLE 32 APPLICABLE REGULATIONS' 32.1 The site of the Contract work is on CITY property and' all rules and regulations Issued covering fire, safety, sanitation, severe weather conditions, conduct of operations, etc., shall be observed by the Contractor, Contractor's employees, • and subcontractors. The regulations 32.1.1. Fire Prevention: 1• • .32.1.1.1. ContraCtors and* subcontractors 'employees • shall be • cognizant of, and shall comply with, all requirements for handling and storing combustible supplies and materials, daily disposal of 'combustible waste. trash, . etc., in accordance with' National Fire • Code and National Association of Fire Underwriters. • The Contractor will • require employees to become familiar with methods of March 2004 City of Miami Beach copripht WU The Gordan Group Page 151 • • ..• • . .-•-•.......11,1••••••••••••••••., • Project Manual activating CITY fire alarms and any City of Miami Eleach requirements regarding same. . 32.2.1.' Safety: 32.2.1.1. All rules of safety that are"or may be Irripoaed 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 debds), 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 mat'orlals and debris, sweeplings, soot and rubbish shall not be allowed to accumulate and shall be removed from the site forthwith • to authorized dumping areas as Wittgenerated:,No waste materiels or debris shall be tossed or thrown onto adjacent Properties or adjacent land areas. • 32.3.1.3. The entlre.'Work area shall be cleaned up at the end of each Work session. • 32...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 cornpletion'of the Work, the premises should be left in a neat, unobstructed condition and everything in •peirfect 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. • Page 152 City of Miami Beach c p I h 0 2OO4Th. acedion Ilroup March 2004 . •• .' • • . ••PrOjeat IVIanUtil •' • 33.4.1: Conduct: • . . 33.4.1.1. Contractor and .Contractorsemployees shall be subject tO the same generalrules 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 PROYEOTION 33.1. The Cantractor shell be retponsible Ito protect the ehVirOnment 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 chtategfOr refute; and the like shill' be covered dr' of Such a detigh ta fully confine the material to prevent the dissemination of dust, • ARTICLE 34 •PROTECTION OF WORKAND PROPERTY . .34.1. The Contractor 'than .coritinuoutly friaintain adequate protection of 'ail the 'Contractor's work from damage, and shall protect City's .property frOrn Injury . or loss arising In connection with this Contract. The Contractor shall make • good any such damage, Injury or loss, except as may be directly due to or Caused by agents or employees of crry. . . . 34.2.. The Contractor shall at all times •pride adequate proteCtion and facilltlet to Safeguard all persons passing on or•about the premises in the usual conduct of their business, and any special InttructIons to the Contractor from the CITY to insure protection, etc. shall be compiled with In each and every instance. 34.3. The Contractor shall adequately protect adjacent prOperly as provided by law and or as directed by the CITY. • • .34:4. The Contractor shall provide and maintain -ell lights, footways, gUards,.fenceSi. '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. • • . • • March 2004 • City of Miami Beach Page 153 Ciadlan Group • . • • .1 (••• ri•••;7 P • Project Manual 34.6. The Contractor shall furbish throughout the entire 'project, all 'scaffolding, ladders, .decking or runways as necessary to execute the Work in a :9afe manner. • • 34.7. In an •emergency affecting the .safetyof 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 "enlarger* vrork . 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 prbpar'notide, make all ri'ecessary'arrahgernents and perform all other services required for the • care,' protection and . maintenance of all public utilities, Including mall boxes,'fire plugs, power and ,telephone poles and wires, and all other items of this character on or around the building site. : 34:11:' Auilding 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 package's 'or containers, the • Contractor, when • requested by CITY, shall obtain invoices from the manufacturer or its agents covering•su'ch materials showing the name and 4. brand of the materials furnished, which Invoices must be furnished to CITY. • • 34.13.In the event'of accidental damage to' or' disruption of any of City's equipment, utilities, or facilities by the Contractor or any of the subcontractors, or when 'life or property are endangered, the Contractor shall immediately take all necessary steps to' replace/repair all pieces/parts .of any damaged equipment/materials, make all necessity repairs and restore all service;: to normal. Further, the Contractor shallengage any and all required additional subcontractors, labor, individuals or' other outside services, deerned 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. Ali'costs'involved in making repairs and'restoring disrupted services to normal shall be borne by the Contractor. • • 34.15. The' Contractor and/or his/her subcontractors shall furnish, erect and maintain such signs as may be required by compliance with local codes and/or safety Page 154 City of Miami Beach March 2004 copyright O 2004 The Gordtut O,oup • • Project :Manual regulations for the pUrposes'of controlling treffic'and safeguarding (life and property. 34.15.The Contractor shafl'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 tyre' MAINTENANCE . .36.1.. The Contractor shall store all supplies and equipment on project site(sj so as • to •preclude mechanical and climatic damage and maintain project sites in a • .neat and orderly mannerat 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. 'ARTiCL.E'37 MATERIAL AND'EQtjiPMkNT PROtECTIoN AND:SECUFl;ITY 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.Joss, 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 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 end from the storage site shall be 'provided for and at the Contractors risk. 37.2. The • CONTRACTOR, Its -Subcontractors and Materialnien shall btu • 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 imaterials 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 March 2004 City of Miami Beach cop.prighio24 tn. Gom.n Group Page 155 tere lea I.. Project Manuel Work by the CITY. The Contractor agrees riot to hold the CITY liable for any • damage thereto or loss thereof. ARTICLE 38 EXPLOSIVES AND BLASTING - 38.'!. .Use of explosives will not be permitted' without prior Written permission from . the CITY and the prior to the contractor obtaining ail 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 sile • 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 Protect 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 receivedand issued, and the purpose for which issued. • 38A. • Damage br Injury: 'Ali blasting •necessary on this contract shell be done with the express provisions that the Contractor shall be and Is hereunder respan'sibie for any and all damages and claims arising from such blasting or by accidental explosions and for the defense of ail 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 Protect 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 perrhitted 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: I • . Page186 City of Miami Beach March 2004 . wpriyr 02064 The Gordl.n G alp 38.6, Rock encountered within 5 feet of existing pipelines or building shall be removed without blasting. 1 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 ilnes 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 writtenpermission 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 otherloose 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 soeclfied herein. •'ARTICLE 39 CUTTING AND PATCHING . • • 38.1. ;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 Wamlrig '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 cdnstriictidn',• the CONTRACTOR shall conduct his/her • operations In such a manner•as.toIpresent or reduce to•the minimum any damage to any stream or lake from pollution bydebris, sedirnent, 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 March 2004 City of Miami Beach copyright @ 2004 The owdun Group Page 157 r ' Project Manual • • „Water which • has been used for wash iputbOiii "Or other similar operations which become pollution -With sewage, silt, cement, concentrated chlorine, oil, .. 'fuels, lubricants, bitumens, or other impOrities shall not be discharged Into any •-.:such stream or lake. There will be no open burning of materials. 41:2. Techniques identified In USDA-Soll 'Conservation Service "Guidelines for Urban Erosion & Sediment Control" shall be utilized as applicable for erosion . • and pollution control, ..ARTICLE.42 • TEMPORARYSERVICES'AfNiD UTILITIES Urilesi the 'Detailed Scope. Of Work states otherwise: .42.1. Tempbrary Services and Utilities: 42.1.1. General: . . 42.1.1.1. The CONTRACTOR Shell • be responsible fOr arranging fir and providing all general services and temporary facilities a s specified herein and as required for the •proper and expeditious probecutiOn of the Work. TheCONTRACTOR '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 installatione.maintenance and ' 'removal of such facilities shall be at the CONTRACTOR's expense. • 42.2. Water: • • 42.2.1. The 'CONTRACTOR Shall *Vide tempbrary '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 CONTRACTOk-riay utilize riowet.Which IS alienable 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 •Page 158 City of Miami Beach °owlet 0 2004 The Ciadlan Group March 2004 •.: Project Manual' alternate power source shall be provided for temporary heat. The CITY will not provide electrical power for heating. 42;4. • Temporary Heating and Ventilation: ' ' 42.4.1. The CONTRACTOR shall provide temporary 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.• . The 'CONTRACTOR shall tumish, install, operate -and maintain 'all required temporary heating equipment, and 'shall provide and pay all fuel costs. Oilfired or gas heating units shall be self-contained units Which shall be furnished in sufficient number and adequate capacity to conform with the requires ents for temporary heat stated above. Each oll-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. Temporary Field Offices: 42.5.1. On some Job Orders the CONTRACTOR may be required provide his/herown 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. •March 2004 City of Miami Beach copyright 40 2001 Ito Gordian gimp Page . • • • PrOject . 42.5.3. • The CONTRACTOR shall provide -6 facsimile Machine in the temporary field offices to expedite written communication •between • the parties. The CONTRACTOR shell bear all costs of providing said • • equipment. 42.5.4. The fatilitieS• Mentioned above Shall tie 'Made aVallable for the usa by • • the City's designated representative during its site visits. 426 Temporary SahItatI�nFacIUties . ' . • .42.6.1. CONTRACTS 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. • .1* . . • 42.6.2. The CONTRACTOR shell •Provl e temporary toilets for the use al the •• • workmen, placed where .directed and maintained In a sanitary . condition. 42.6.3. 'At the c'ornpletiOn of the contract 'theferiipCitary toilets shall .be • , . •• removed.. • . • 42.6.4xisting on-slte toilet •facilltleS' may be used •to meet the above. . requirements subject to the prior approval Of the CITY. Ternporary/Pire Protection: .42.7.1.. The CONTRACTOR shall ' take all .preCaUtiOht necessary and required to prevent fire ...and -cOmply with the requirements of local • authorities having jurisdiction • . • . • . • • .42.7.2. Fuei td cUtting. and heating torches shall be gas onlYr.and shall be • •• contained in Underwriters' Laboratory approved containers. The CONTRACTOR shall provide and maintain a 20 pound capacity„ dry chemical type fire extinguisher in the immediate vicinity of the work . • when welding tools or torches of 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 shalt 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' Mall • not be stored, nor debria allowed to accumulate in or about the site. '. • . . . • • • ... ' • P'age 160 . • City of Miami Beach March 2004 capyrtil C2014 Th °Draw Group • ' Project 11nanu'al • . .ARTICLE 43 , HOURS OF WORK AND 'ACCESS.' • '43.1. The CONTRACTOR shall accomplish the tasks. required by the Job .ardor issued hereunder during the normal Working period of 8:00 1.M. to 5:00 P.M., . • Monday through Friday, excluding holidays. For this purpose defining CITY holidays, they are as follows: New Years Day, Martin Luther King Day, the designated Spring Holiday, .Memorial .Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the designated Christmas Holiday, Christman 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.PROViS1ONS DEEMED IiNCLUDED 44.1. flit the intent and 'understanding of the parties to this Contract that Oath 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 -ARCHITECTURAL AND ENGINEEIRING'SERVICES • • 45.1. The Contractor will be required to provide A&E services,.starnped and sealed drawings in support of some Job !Orders. • These services are typically • required for obtaining some permits 'end or doct;menting the scope of work. The cost of all stamped and sealed architectural and engineering prepared drawings will be paid for .by using the contractor's bid factor for •these ' services.. Any electronic•drawings required will be prepared In AutoCAD version 14.0 format or a version approved by the CITY. • 45.1.1 All architectural and engineering and consulting 'firms utilized by the CONTRACTOR to perform • its duties hereunder ' are subject to approval of the CITY. All such professional shall be properly qualified and licensed to practice in and have the ability to legally sign and stamp architectural *and engineering documents. • March 2004 City of Miami Beach copy O 2004 The OnFdlin Group Page 161 project Manual 45.1.2 At any time when stamped and sealed architectural and engineering prepared drawings are required, the Contractor shall comply with all provisions of Florida Statute . 287.055 with regards to the • selection/contracting with design/engineering professionals. .45.2 ..Additionally the 'Contractor will be'. ekpe'cted to. provide sketches, Minor • 'calculations,. shop drawings and specifications and "as built" 'drawings. The 'Cost of these services shall be borne by the Contractor. : ARTICLE 46 '. WORK INVOLVING' HAZARDOUS MATERIALS, 48.1. Any time the Detailed Scope of Work involves lhazardous•Material, including ,.but not limited to asbestos, lead paint, .PCBs, the CONTRACTOR will be • responsible for retaining a properly licensed engineeror consultant to modify the •general specifications contained herein to a project specific abatement .plan and specification as required by Florida law. 46.2. This requirement la to be considered b'y the CONTRACTOR at part of the' Scope of the Article above entitled "ARCHITECTURAL AND ENGINEERING • SERVICES. • : 46.3. Such abatement plan and specification shall be submitted to the CITY for' • .review and approval prior to commencement of any work involving hazardous materials. • • ARTICLE 47 Pltl CONSTRUCTION"C04ERENCE 47,1.. Before 'the issuance • of the brat 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 IJob '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 J'OB MEETING$ i 48.1. .The CONTRACTOR and/or subcontractors or their•'qualifiad representatives shall attend conferences with City'a representatives, at a frequency as .' determined by the CITY, for the purpose of coordinating or expediting the Work.• . . . March 2004 • • Page 162 City of Miami Beach capyrlah% C 2004 The Oordlan Group . ARTICLE 49 ENERGY CONSERVATION • , 49.1. CONTRACTOR shall .comply with' energy conservation plans, .and (promote . efficient use of all energy. In addition, the CONTRACTOR shall; 49.1.1. Use lights only in areas where' work Is actually being performed. 49.1.2..Tum off faucets, •valves, 'and egiuiprrient after 'required usage has been accomplished. •• . 49.1.3. • Not use CITY telephones for personal. reasons nor make tiny toll Or long distance calls. ARTICLE 50 INTERGOVERNMENTAL PURCHASING AGRl=EMENT .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 excluslve rights with regard to location or type of work. Other government agencies please be advised that 'this contract is subject to a user surcharge fee in the amount of 1 % on all sales to governmental, not for profit or quasi governmental entity; resulting from this contract resulting from this solicitation and utilization of the City's contract and terms and conditions. herein. Furthermore the agency will by 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 REQUiRENiENfiS 51.1. The CONTRACTOR `f$ to have in .operational cendltion 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 minimallyTconsist of: 51.2.1: 'Latest modes/most powerful 'Pentium processor; 256 MB expandable. Memory, 3-1/2" 1.44 Mb floppy disk drive, DVD RAM with decoder • _card, 1 parallel, 2 serial ports, 2 USB 'Torts, 104+ enhanced keyboard, 128 bit 3D/20 minimum 32 MB SI3RAM video accelerator, • Microsoft mouse and a 19" minimum SVGA color monitor. The computer shall be Gateway, Dell, IBM, or approved equal with an . Intel CPU in a tower case. 51.2:2. 40 GB ULTRA -ATA Drive w/ULTRA ATAaontroller. • March 2004 City of Miami Beach copyright 0 2034 m.3ordain Group Page 163 • • Project Manual 51.2.3. Premium Multimedia Package. . .51'.2.4. Fattest 'availabie :standard •da'ta/fax modem (U5 i obotics'56,000 BPS, Telepath modem or approved equal) 51.2.5. 250.MBIOMEGA ZIP drive w122iP disks: 51.2,6. 3 COM PCI 10/100 twisted pair'Ethemet.network card. ' .51.2,7. Latest model standard office' Hewlett .Packard • laser • printer or approved equal. . 51.2.8. Voltage surge protection•device. , . . :51.2,9. Latest version of MS DOS, • MS Windows, .Anti -;virus software • by Symantec,. and PC Anywhere' for Windows communication software by Symantec. ARTICLE 52 Ci7Y FUIRNISHEDSOrrWARE CITY furnished software, PROGENS, Will be provided to the' CONTRACTOR -for use as a tool to assist with expedient preparation of Job Order Price • Proposals in response to CITY needs. This software will contain an electronic version (copy) of the Construction Task Catalog (CTC), which • can be •• accessed on the. equipment provided :by the CONTRACTOR to locate and ' • select deslred items from the CTC. 'Once the desired Items are selected„ the software provides for selection of quantities and based on the selected • quantities,.wili extend and total CTC costs for each Job Order Price Proposal. The software • will also permit introduoilon of non pre -priced items and the application of the Adjustment Factor. PC Anywhere for Windows . communication software by Symantec must be available prior to PROGI•..NS . being Installed. AR71CLE 53 COMMUNICATION$ • E 53.1: .All papers' required to be deliveted .ta the CITY 'shall,. .unless otherwise Specified In writing to the CONTRACTOR, be delivered to: 1 Mr..Gus Lopez, CPPO, CPPB { Director, Procurement Division 'City of Miami Beach 1700 Convention Center Drive 1 • Miami Beach, FL 33139• . 53.2. And any notice'to or demand'upon the CITY.orSheli be sufficiently given if so ..delivered, or deposited in the United States mail in a sealed, postage -prepaid • Page 164 City of Miami Beach oopynghl a 7001 Th. Gordian Group • March 2004 , . • ProjectManual ., . , . . • . • envelope, or delivered withcharges *Paid to any telegraph .Or delivery • company for transmissidn/dellvery to said Contract Administrator, at said ,- address. • . • 53.3. •Any such notice shall be deemed tolhaVe 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. 1 , • 53A:' 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 Doduments. ' I March 2004 City of Miami Beach oopy44 0 RCN The Gonilan Group Page 165 . . • • • • . • • • • 0.14••••••ard,•142:4{1.0•11.19•14,14........4•1 I • • 'Praject.Marival 'phis: Page Intentrona ly Left'Blank . • • . i • • :Page 168 .City of Miami Beach oopyrI ,t 0 2034 Th. Gordian Group March 2004