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HomeMy WebLinkAboutGordian Group Project Manual 2•,...... ,....1. • 04/1272004 1287 FAX 00e 673 7851 • ' CHB PROCUREMEMT DIvisioN,. QD004/005 • • BID FORM 2 • • COMBINED ADJUSTMENTFACTOR WORKSHEET • • FOR CONTRACT NUMBER ITB 14-03/04 CAPITAL IMPROVEMENT PROJECTS • For the purposes•of determiningthe loW 'bid the Contractor shall complete the following worksheet. (Specify to four (4) decimal places). 1. Normal Working Hours Construction Adjustment Factor 1.037S • 2. . Multiply Line 1 by .5040 (.90 x.80 x.70). •5-2zq • • 3. ' Nonntil 'Working Hours Construction Adjustment Factor with • Architectural and Engineering Services I 0?00 • • 4. MUltiply Line 3 by .2160 (.90 x.80 x.30) • 2 3 54 • . 5, Other-filen NOrmal Working Hours Construction Adjustment Factori• 0500 • 6. Multiply Line 5 by .1260 (.90 x.20 x.70). • • j 32.3 7. Other Tian Normal Working Hours Construction Adjustment Factor : with Architectural and Engineering Services /. 06 oo . 8; MUM* line 7 by .0540 (.90 x.20 x.30) • 05 7Z.. 9. Normal Working ifours Construction using Davis Bacon Wages /*MO 10 Multiply Line 9 by .0560 (.10 x .80 x.70) , • .60 11. Normal Working Hours COnstruction using Davis Bacon Wages with Architedurai and Engineering Services' • / • flop • 12 Multiply Line 11 by .0240 (.10 x .80 x.30) • ,0 z b 13 Other•Than Normal Working Hours Construction using .Davis BaconI. op() 14. Multiply tine 13 by .0140 (.10 x .20 x.70) •0/5Z • • 15 Other Than Normal Working•HoLirs COnsttuctiOn using Davis Bacon with • Architedurat and Engineering Services . - 16, Multiply line 15 by .0060 (.10 x .20 x.30) • 006,5 17. Add lines 2+4+6+8+104-12+14+16 /- 057/ . (Combined Adjustment Factor) Project Manual ' The Bidder shall complete this Combined Adjustment Factor Worksheet and transfer the Bid Adjustment Factors, (Line 1, 3, 5, 7, 9, 11, 13, 15) and Final Combined Adjustment Factor (Line 17) to the space provided on the Bid Form 1 of this proposal. The lowest Combined Adjustment Factor will be deemed the lowest bid. The Owner reserves the right to revise all arithmetic calculations for correctness. Contractor Name:erkr NIC-.)sr\ eiT-"YrI"\ OEo •Authorized Signature: ge-ee‘ -,e-e-efee • Printed Name: c\C:01-A0 Date: Page 40 City of Miami Beach March 2004 wrote 21 The Gordian Ofoup CO Project Manual oo5Do SUPPLEMENT TO BIDITENDER 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 specified, in the Invitation to Bid. License/Certification/Registration # Years C.G2)0..(r.7.:)--N • 1 5 1.'I What business are you In? �1C-� t'\E a \ �� uU1r1 uC+ t ' 2. • What is,the last roject of this nature that yo have completed? { % f-,cit-A 3. Have you ever failed to complete any work awarded to you? If so, where and why? 3,1. Give owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed March 2004 City of Miami Beach copyright O 2034 fi/ Gadio Gioup Page 41 • • ' Project Manual work,•where your surety has intervened to assist in completion of the project, whether or not a claim was made. 4. Give names,' addresses • and telephone numbers of three individuals, Corporations, gencies, or ' stitutions for whi h yo have performed work: 4.1 . . �.�. �VVLk"le. C1 I `� (name) (address) (phone #) 4.2. (name) (address) (phone #) 4.3. (name) (address) (phone #) 5. List the following Information concerning all contracts in progress as of the date of submission of 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 PHONEi VALUE pER CONTRACT TO DATE • `-.e� • 7 �\ Cmac% c,k \ . (Continue list on insert sheet, if necessary.) 6. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? Page 42 City of Miami Beach March 2004 cop rlghl 0 2004 TN Gordian Group Project Manila! • 7. • Will you subcontract any part Of this work? If so, give details 'including a list of the subcontractor(s) that your company anticipates using on this contract. • . Th ‘" 3) 8. What.equipment do you own that is available for the work? . • 9. What equipment will you purchase for the proposed work? ‘mr-;(-- • .10. What equipMentwill you rent for the proposed work? • 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. \o, rymr-Ncke, rt.-4--rAc\ Cka4*JA .:.) March 2004 City of Miami Beach copyright 0 zatIll•by Gordian Gioup Page 43 Project Manual • 12. State the true, . exact, correct .and complete name of the partnership, corporation or trade name under which you do business and the address of the 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). 12.3. The address of principal place•of buslness is: �?\Th\ • \ (2x0 > C^v v \ 1?L 12.4. .The names of the corporate officers, or partners, or Individuals doing business under a trade name, are as follows: Y1C C' 12.5. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. 12.6. List and describe ail bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. Page 44 City of Miami Beach March 2004 capYrthlO2o4meG dWCifoup Project Manual 12.7. Ltst and describe all successful Perforrnance or 'Payment Bond claims made to your surety(les) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s), 12,8. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. 12.9. , List and describe all criminal proceedings or. hearings concerning -, business related offenses in which the Bidder, its principals or officers or predecessor organizatlon(s) were defendants. March 2004 City of Miami Beach copyrlphl o 2004 Thr Gordian Group Page 45 projectManual 12.10. Has the Bidder, its principals, officers or predecessor organlzation(s). been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. ic"l 12.11. Under what conditions does the Bidder request Change Orders? LAB \ a-tm 12.12. What is' the Bidders Job Order Contracting or 'indefinite .quantity _contracting experience? If the Bidder has experience, provide all 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. 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, Q\M-c.( Page 46 City of Miami Beach March 2004 copyright 0 2004 TM Gordian Group • Project Manual • ' 00520 ' SUPPLEMENT TO BID/TENDER FORM -NON -COLLUSION CERTIFICATE ' PRIOR TO AWARD OF THE CONTRACT THIS FORM MUST BE SUBMITTED FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this �, day of 1 4 , 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 without connection or arrangement with any other person; and that this proposal Is in every respect fair and made In good faith, without collusion or fraud. The Bidder agrees if this proposal is accepted, to execute' an appropriate City of • Miarrii Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the • performance of all requirements to which the Bid pertains. The Bidder states that this proposal is ba ed !upon the documents Identified by the following number; Bid No.\�' 5 \-4 - (a'�/C 1 . SIGNATURE • PRINTED NAME TITLE (IF CORPORATION) March 2004 City of Miami Beach Page 47 Lopyrfpht 0 2004 The Gordian Group • Ptoject Manual- 00530 SUPPLEMENT TO BIDPTENDER FORM - DRUG FREE WORKPLACE CERTIFICATION PRIOR TO AWARD OF THE CONTRACT THIS FORMMUST BE SUBMITTED FOR BIDDER TO BE DEEMED RESPONSIBLE. The undersigned Bidder hereby certified that it will provide •a drug -free workplace program by: (1) • Publishing a statement notifying its employees that the unlawful manufacture, distribution, 'dispensing, possession, or use of a •controlled substance Is prohibited in the offerors workplace, and specifying the actions that will be .:taken against employees for violations of such prohibition; (2) • Establishing' a .continuing drug -free awareness program .to inform Its employees about: (i) The dangers of drug abuse In the workplace; (II) The 'Bidder's policy of maintaining a drug -free workplace; • .(iii) . Any -available. drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be Imposed upon employees for drug abuse • violations occurring In the workplace. Giving all employeesengaged in perfomlance of the Contract a copy of the statement required by subparagraph (1). Notifying all employees, in writing; of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee (5) shall: (I) Abide by the terms of the statement; and (II) Notify' the ernployer in writing of the employee's conviction under a • criminal drug statute for a violation occurring in the workplace no later • . than five (5) calendar days after such conviction; Notifying City -government in writing within ten (10) calendar days after' receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee. Page 48 City of Miami Beach aapyriphi 0 2W4 i'M Gin Oroup March 2004 Project Manual 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: • (1). •• Taking appropriate personnel action against such employee, up to and including termination; or • • (11) • Requiring such employee to participate satlifactorily 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 • (7) Making a gobd faith effort to. maintain' a drug -free workplace program through • implementation of subparagraphs (I) through 6 STATE OF \ COUNTY OF •eeeee-e (Bidder Signature) •efAC QC (IX (Print Vendor Name) . The pregoin lnstr ment'was ack o edged befor •me this .)- (9. day of, • ‘ ' •\ 20 ( by _as • (title) of('‘ _CA" .t1-se'v, (4,;/•%4-,\ (.4.-1.7_, , ' . (ngine-of-persworhose signature Is being notarized) (name of corporation/company), iarne-to be the person described herein, or who produced as tdentlfication, and who did/did not take an oath. NOTARY PUBLIC: rib:6 (Signature) ,..iaiwair:A.44164183.4.14.47aredri.6 t IPA a.. SANCHEZ NotAry - ;Moto of Florida •it y CoortiWtto Egireti hiqZ7,2D30 CAMMIOPRICI # 00i201375 Doi YNittiasul Nreiarli Mo. aro (Print• Name) Name) My commission expires: .!75P-in March 2004 City of Miami Beach upright • NO+1 The Gorman Group • Page 49 . • • r : • Projict Manual • 00140 SUPPLEMENT TO BID/TENDER 'FORM -TRENCH SAFETY • • . • ACT • • PRIOR TO AWARD OF THE CONTRACT THIS'F0RM MUSTI3E SUBMITTED • WITH BID FOR BID TO BE DEEMED RESPONSIVE. On OctObet 1, '1990 House Bill 3181, knoWn'es the Trench Safety Act became law. This Incorporates the Occupational Safety & Health Administration (OSHA) revised • .excaviition safety _standards, citation 28 CFR.S.1928.650, as Florida's own . standards. • • • . The Bidder,- by virtue of the signature below, affirms that the Bidder is aware of this • Act, and will' comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. • . . BIDDER ACKNOWLEDGES THAT INCLUDED IN THE ADJUSTMENT FACTORS ' . OF THE PROPOSAL ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. . . . . . ' OFtpER TO ..BE CONSIDERED RESPONSIVE.. THE BIDDER MUST • • COMPLETE THIS FORM. SIGN AN P SUBMIT IT WITH THEIFLBID.pOCUMENT, Namb of Bidder NrC7,16 Authorized Signature of Bidder Page 50 City of Miami Beach March 2004 oopyrigto 0 203.4 Th. Gordioo Group • Project Manual Qn5pp• RECYCLED CONY'ENT INIFORMA'1`lON in support of the Florida Waste Management Law, Bidders are -encouraged to supply .with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests Information regarding any known or potential material content in the product that may be extracted and recycled after the ,product has served its Intended purpose. March 2004 City of Miami Beach Page 51 oopyriyM m2004 Da Gordian Group •• , • ... .• 1. • Prbject Manual oosob 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 • , Carlvesn niction -Co, hereinafter referred to as CONTRACTOR. WITNESS .E T .H, that CONTRACTOR and CITY, for the • considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK • 1.1. The Scope of Work under this Contract' shall be deterMined by individual Job. Orders :issued hereunder. Upon .redeipt of a Notice to Proceed, the CONTRACTOR shall furnishes. all arChitectutal 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 ICI perform the work at designated CITY propertlei. 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 sSued by the Contract Administrator. 'The term of the 12 month contract shall commence on the date of the Contract, The maximum cohttactlime is no more than 5 years or when the maximum value of the contract is reached. 2.1.1. Once the Contract li in place,. Job ()Mara will be issuedfor the individual Job Orders through Notice to Proceeds; The time for completion of individual Job 'Orders will be contained in the Job Order Notice to Proceed. • Page 62 City of Miami Beach March 2004 copyng le 0 21:04 The Ration Dap • • Project Manual • 2.2. Tiff%) is of the'. essence .'throughout this Contract, ,Job Orders shall be ' substantially completed within the specified calendardays listed on each individual Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within the time specified on each individual Notice to Proceed. 2.3 Liquidated Damages (LDs') may be applied to individual 'Job Orders at the discretion of the City. .The dollar amount(s) relative to LDS are not Intended to be applied as penalties, but rather to be applied as damages to the City for its Inability to obtain full beneficial occupancy and/or use of the Project. LDs on construction projects other than .streetscape or utility orolects are hereby fixed at $1,000 per day and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the arnount of said damages and the cost and effect of the failure of the Contractor to • complete the project on time. 2.3.1 l.Ds relative .to, a streotscape ! utility 'project: The additional cost realized by the.City consists of the following components: Additional construction administration by City, Program Manager and • Consultant. Additionalresident observation by City and Program Manager. Loss of Ude of facilities; such as Toss 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 protect completion is delayed • and those costs realized by the City for loss of facility use. It is estimated that• the PM component of City incurred expense could reasonably consist of one resident observer ($75 per hour for 8 hours per day = $600), one Project Coordinator ($125 per hour for 4 hour per day = $500), and one Project Administrator ($50 per hour for 4 hours per day = $200). Hence, the •estimated PM component of the liquidated damage value to be used on streetscapelutility projects would be $1,300 per day, • March 2004 City of Miami Beach Page 53 Capyrlp)N Q QOQ4 The Gordon °gaup • • ProJeot Manual It is estimated that the Construction Management component of City'incurred expense would be based on the recognized rate of 4% of total project cost. Hence, a $5,060,000 project that has construction duration of 300 working days would result in a CM cost component of $800 per day. This value would 'vary by project and can be established by the Program Team and provided to the Consultants accordingly. Loss 'of Parking Revers re:• ii' applicable, will be incorporated .in the Job Order/Notice to Proceed. - 2.4. CITY Is •auth'orized 'to ' deduct liquidated damages from -monies due to CONTRACTOR for the Work under this Contract or as much thereof as CITY may, in its sole discretion, deem just and reasonable. 2.5. . CONTRACTOR shell be • responslble for reimbursing 'CITY, in addition to liquidated damages, for all costs incurred by the CITY and or Program Manager• in administering the construction of the Project beyond the • completion .date specified in .each Job Order RFP, plus approved time extensions. The CITY'S and Or Program construction 'administration costs shall be pursuant to • the contract between CITY and Program Manager, a .copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monles 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 performarice of the Work described in the Contract Documents. The contract is an indefinite -quantity contract with no minimum values. The maximum amount that may be ordered under contract 12-03/04 and contract 13-03/04 Is two million dollars ($2,000,000) per term. The maximum value of that may be ordered under contract 12- 03/04 and contract 13-03/04 is ten . million dollars ($10,000,000). The maximum amount that may be • ordered under contract 14-03104 Is ($5,000,000) per term. The maximum value that may be ordered under this . contract 14-03/04 is twenty five million ($25,000,000), • • 3.2. Payment shall be at the lump sun, '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 to 2tXN The owd4n Group Project Manual conformity With the requirements as Stated or ahowri, or both;. in the .Contract • 'Documents using the following adjustment factors: 3.2.1. Normal Working.Hours Construction: Contractor shall perform any or all functions -called for in the Contract Documents and the individual project Detailed Scope'.of Work, scheduled during normal working hours in' the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: • 1.0375 3.2.2. Normal Working Hours ` Construction with • Architectural and Engineering Service's: .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: 10900 3.2.3. Other Than Normal Working Hours Construction: Contractor shall perform any or all functions called for In the ContractDocuments and the individual project Detailed Scope of Work, scheduled during other than normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog' (CTC) multiplied times the adjustment factor of: 1.0500 3:2.4. Other Than Normal Working Hours Construction with Architectural and Engineering .Services: , .Contractor shall perform any or all functions called for In the ;Contract Documents and the individual project Detailed Scope of Work, scheduled during other than normal .working hours in the quantities specified in individual Job Orders against •this contract for! the unit price sum specified in the :Construction Task Catalog. (CTC) multiplied times the adjustment factor of: 1.0600 3.2.5. Normal Working *.Hours Construction using Davis Bacon Wages: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum ' March 204E City of Miami Beach Page 55 copyriphl O 2004 the 'Gordian Group ••••••PRIREINII ,..,Projedt Manual • ...• 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 the unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: I.11.60 • 3.2.7. Other Than Norrnal Working HOurs Construction using Davis Bacon. Wages: Contractor shall perform any'or all functions called for in the Contract Documents' and the indMdual 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 Norrnal Working. HOuri Construttion• 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 (OTC) multiplied times the adjustment factor of: f.0900 ARTICLE 4 • PROGRESS PAYMENTS 4.1. For Job Orders of duration of 45 days or less, the City will make only one final payment. For Job Orders of duration of more than 45 days the contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown 0 the Project components, the quantities completed • . . Page.58 City of Miami Beach corrytight • 2004 The Oceden Skimp March 2004 • . Project Manual and the amount dice, together With such supporting- evidence as may be required by CITY. Contractor shall include, 'but same shall be iimlted to, et 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.. Teri percent (10%) of all monies earned by contractor shall be retained by • CITY until Final Completion and acceptance by CITY In accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all mortices previously earned and all monies earned • thereafter. Any reduction in retainage shall be In the sole discretion of the .Contract Administrator, • shall be recommended by CITY and CONTRACTOR shall have no entitlement to a reduction. Any interest earned on .retainage . : shall accrue to the benefit of CITY. All requests for retainage reduction shall be in writing in a separate stand alone document. .4.3. • CITY may withhold, in whole or In part, .paymeent •to such extent es may be necessary to protect itself from loss on account of: •4.3.1. Defective Work not 'remedied. 4.3.2. Claims filed or reasonable evidence •iridicating'..probable •filing of claims by other parties against CONTRACTOR or CITY because of Contractor's performance. 4.3:3. Failure of : CONTRACTOR . to make payrrients properly ..to • . Subcontractors or for material or labor.• 4.3.4. • Damage to another contractor not remedied. 4:3.5. Liquidated damages .and `.costs incurred .by .CITY for extended .construction administration. 4.3.6 Failure 'of CONTRACTOR to provide any and •all docunierits rewired by the Contract Documents.• .March 2004 City of Miami Beach copyright 0 2004 7hi Oordisn Onwp Page 57 ProJedt 'Manual • :ARTICLE 5 • • ACCEPTANCE AND FINAL PAYMENT 5.1. Upon receipt of written' notice from .contractor that the Job Order is ready for final Inspection and acceptance, CITY and or Program Manager shall, within ten (10) calendar days, make an Inspection thereof. If Contract Administrator find the Work acceptable, the requisite documents have been submitted and . the requirements of the Contract Documents fully satisfied, and all conditions :of the permits and regulatory agencies have been met, a Final Certificate of . Payment (Form 00926) shall be issued by CITY and or Program Manager, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. • 5.2. Before Issuance bf the Final Certificate' for Paytnerit, contractor shall deliver to the CITY a complete release of all Ilens'arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been •paid in full and that all' other indebtedness connected with the Work has' been paid, and a consent of the surety to final .'payment; the final corrected as -built drawings; and invoice. If, after the Work has been substantially cornpletod,•full completion thereof is .materially delayed through no fault of contractor, and the CITY so certifies, CITY shall, upon certificate of the CITY, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4. . Final payment shall be made only .after the CITY Manager or his designee • has reviewed a written evaluation of the performance' of contractor prepared by .the Contract Administrator, and approved the ' final payment. The 'acceptance of final payment shall constitute a waiver of all claims by contractor, except those .previously 'made in strict accordance with the provisions of the General Conditions and identified by contractor as unsettled at the time of the application for final payment. •• • Page 58 City of Miami Beach March 2004 mpyrlphl 0 2034 The Gordian Group ' • • . ' PrOjea 'Manual ARTICLE 6 MISCELLANEOUS 6.1: This Contract is Part of, and incorporated in, 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 Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3. Public Entity Crimes: • . • • . . 6.3.1. • in accordance with the. Public Crimes ACt,.8ebtion 287.133, %Florida' Statutes, a person or affiliate who is a contractor, consultant or other Provider, who has been placed on the•convicted vendor list following - a • conviction for a public entity crime may not submit a bid on a Contract to provide any goods or services .to the CITY, may not Submit a bid on a contract with the CITY for the construction or repair of a public building or public Work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work asa • contractor, supplier, Subcontractor, or consultant under a contract with the CITY, and may not transact any•business with the CITY In excess of the threshold amount provided in Section 267.017, Florida . Statutes, for category two purchases for a period of 36 months from • the date of being placed on the convicted vendor list. Violation of this section by Contractor .shall result in cancellation of the CITY purchase and may result In Contractor debarment. • 6.4. Independent Contractor: 6.4.1 ,f Contractor is an • indePerident contractor •under this Ccintract. 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' jointventure. • I 6.5: Third Paity betiefitlarieS: • 6.5.1: • Neither ContractornOr CiTY Intend to. directly Or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their . March 2004 City of Miami Beach • copr Ight t 2034 Th. Malian Group •Page 59 , ,, • . +. • I • . . . Project Mantis! • "" 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 fo give notice to the other, •such notice must be .in writing, sent by certified United States Mail, postage prepaid, return receipt' requested, or by hand -delivery with a request • for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shell remain the same as set forth herein until changed • in writing in the manner provided in this section. For the present, the parties designate the following: • • • • For City: . • City of Miami Beack Procurement Division 1700 Convention Center Drive• . . Miami Beathl•Florida 33139' Attn: Gus Lopez With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive • Miami 'Beach, Florida 33139 ForContractor Cativon Construction Co. 12171 Sw 131 Avenue .Mtami. FL 33186 Attn: !vonneMunne 6.7. Atsignment and Performance: 6.7.1. . Neither this COntraat nor' any interest herein shall be Astigned, transferred, or encumbered by either party. In addition, Contractor , shall not subtOntract any portion of the work required by this Contract except as authorized by Section 27 • of the General Conditions. Contractor represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, . or a combination thereof, to adequately and competently performthe • duties, obligations, and services set forth in the Scope ,of Work and to provide and perfOrm such services to City's satisfaction for the agreed compensation.. Page 60 . City of Miami Beach March 2004 •copyriglii 0 2004 The C3ordian Dm* • Project Manual 6.7.2. Contactor shall perform its duties, .obligations; .and services -under -this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided .to or on behalf of City shall be comparable to the best local and national standards. • 6.8 Materiality and Waiver of Breach: • '6.8.1. City and Contractor agree that each requirement; duty, and obligation .set forth in these Contract Documents Is substantial and Important to . the formation of this Contract and, therefore, Is a. material term hereof. • • 6.8.2. City's' failure to enforce .anji provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a .provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be • construed to be a modification of the terms of this Contract. 6,9, Severance: • 6.9.1: In the oVent a' -portion '.of this' • Cdritract •Is found by a court of competent jurisdiction to' be invalid, the remaining provisions shall continue to 'be effective .unless City or Contractor elects to terminate this Contract. .An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10. Applicable Law.and Venue: 6.10.1. Th19' Contract 'shallbe enforceable In Miami -bade County, Florida, and if legal action is necessary by either party with respect.lo the :enforcement of any or all of the terms' or conditions herein exclusive venue for the. enforcement of same shall Ile in Miami -Dade County, Florida. By entering .into this Contract, CONTRACTOR and CITY hereby eicpressly waive .ahy rights either party may have to a trial by jury of any'civil litigation related to, or arising out of the Project. CONTRACTOR ; shall specifically bind all sub- • contractors to the provisions' of this Contract. . 6.11 Amendments: • • 6.11.1. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the Board and Contractor.. 6.12 Prior Agreements: • :March 2004 City of Miami Beach Page 61 copyright 0 2034 The Gordian GIMP .Project Manua 6. t 2.1'. This document ' ' incorporates and .includes all ..prior negotiations, correspondence,. conversations, • .agreements,. and . understandings .applicable to the matters contained herein and the parties agree that there are no commitments, agreements . or understandings . concerning the 'subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall • be predicated upon any prior representatlans or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein. shall be effective unless set forth In •writing In accordance with Section 6.11 above. IN WITNESS WHEREOF, .the parties have set their hands and seals the day and year first above written. MIAMI BEACH Robert Percher, City Clerk David Dormer, Mayor APPROVED ASTO FORM & LANGUAGE &FOR EXECUTION It 'torneyr Date • :Page 62 City of Miami Beach =WOM O 2 4 7ho Gordian Group March 2004 ProjectMarival CONTRACTOR MUST EXECUTE. THISHCONTRACT .AS INDICATED .BELOW. . USE CORPORATION OR NON-CORPOFtATION.FORMAT• AS APPLICABLE. [If incorporated sign below.] ATTEST: 44AC-/ S cretary) Corporate Seal) • CONTRACTOR Name of rpor tion) By (Signature and Title) \tti (Type Name/Titi Signed Above) day 0 , a. 20fA, [If not incorporated sign below.] CONTRACTOR WITNESSES: (Name) By (Signature) (Type Name Signed Above) day of , 20 •CITY REQUIRES FOUR (4) FULL -EXECUTED CONTRACTS, FOR DISTRIBUTION. March 2004 City of Miami Beach Page 63 copyright * 2004 The Gcrdien Group • Bid Bond • • :KNOW ALL MEN BY THESE PRESENTS, that We Carivon Construction Company • • 12171 SW 131st Avenue, Miami, FL 33186 • . . as Principal, hereinafter called the Principal, and Great American Insurance Company • 2701 Maitland Center, Pkwy, #125, Maitland, FL 32751 • • a Corporation duly 'organized under the laws of the State of Ohio as Surety, hereinafter called the Surety, are held and firmly bound unto City of Miami Beach, 1700 Convention Center, 3rd Floor, Miami Beach, FL 33139 • . as Obligee, hereinafter call the Obligee, in the sum of Fifty Thousand and XX/100 Dollars ($50,000.00) for the payment of which sum Weli and truly to be tnHade, the said Principal and the raid Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. • WHEREAS, the said Principal has submitted a bid for !TB 14-03/04, Capitol Improvement • NOW, THEREFORE, if the Obligee shall accept the bid 'of the principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be . specified In the bidding or Contract Documents with good and sufficient surety for the faithful performance of • such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the . event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall • pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and • such Larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed April 22, 2004. • CarivOn Construction Company Br L7f..4„.12 Great American isurance Company By: Michael B Florida R net, Attorney -In -Fact and ident Agent (Seal) (Se ki) TERRORISM COVERAGE RIDER NOTICE -DISCLOSURE OF TERRORISM COVERAGE.AND PREMIUM . The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The -Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that, to be certified, an Act of Terrorism must cause losses of at Ieast 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 'Agri 1 22 ,' 2001 In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including, but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company) is the surety. The United States Government, Department of the Treasury, 'will pay a share of terrorism losses insured under the terms of the Act. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Policy covers certainlosses 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.