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Exhibit 1
BID O.: 11-12-008 Central Chilled `Pater Plant and Cooling Design HYATT REGENCY MIAMI CIP PROJECT NO.: B-40181 Due Date: December 9, 2011 @ 2:00 P.M. Mayor Tomas P. Regalado Commissioner Wifredo (Willy) Gort, District 1 Commissioner Marc Sarnoff, District 2 Commissioner Frank Carollo, District 3 Commissioner Francis Suarez, District 4 Commissioner Michelle Spence -Jones, District 5 City Manager, Johnny Martinez, P.E. Issued By: City of Miami Capital improvements Program 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 TABLE OF CONTENTS Notice To Contractors 6 Section-1 - Instructions for Submission 7 1. Intention of City 7 2. Scope of Work 7 3. Location of Project(s) 7 4. Performance of the Work 7 5. Examination of Contract Documents and Site 7 6. Addendum 8 7. Bid Submission 8 8. Bid Guaranty 8 9. Preparation of Bid 9 10. Pre -Bid Conference 9 11. Postponement of Bid Opening Date 9 12. Acceptance or Rejection of Bids 10 13. Environmental Regulations 10 ,14. Bid Award 10 15. Bid Protest 10 16. Local, Small, and Disadvantaged Firm Participation 10 17. First Source Hiring Agreements 11 18. Local and Minority/Woman Participation Reporting 11 19. Cone of Silence 12 20. Public Entity Crime 12 21. Fraud and Misrepresentation 12 22. Collusion 12 23. Contractor in Arrears of Default 12 24. Cancellation of Solicitation 13 Section 2 - General Terms and Conditions 14 1. Definitions 14 2. Time is of the Essence 16 3. Contract Term 16 4. Notices 16 5. Priority of Provisions 17 6. Indemnification 17 7. Insurance 18 8. Performance and Payment Bond 20 9. Qualification of Surety 21 10. General Requirements 22 11. Method of Performing the Work 23 12. Work Staging and Phasing 23 13. Site Investigation and Representation 23 14. Contractor to Check Plans, Specifications and Data 24 15 :.Contractor's Responsibility for Damages and Accidents ...: ........ ....:.....:::24 16 Accidents. 25 17. Safety Precautions 25 18. .Occupational Health and Safety 26' 19. Labor and Materials 26 20. Rules, Regulations, and Licenses 26 21. Consultant Services 26 22. Project Management 27 2 23. Superintendence and Supervision 27 24. Authority of the Project Manager 28 25. Inspection of Work 29 26. Taxes 29 27. Separate Contracts 29 28. Lands of Work 30 29. Coordination of Work 30 30. Differing Site Conditions 30 31. Existing Utilities 31 32. Contractor's Responsibility for Utility Properties and Service 31 33. Interfering Structures 32 34. Field Relocation 32 35. Contractor's Use of Project Site(s) 32 36 Warranty of Materials and Equipment 33 37. Material and Equipment Shipment, Handling, Storage and Protection 33 38. Manufacturer's Instructions 34 39. Manufacturer's Warranty . 35 40. .Reference Standards 35 41. Submittals 35 42. Shop Drawings 36 43. Product Data 38 44. Samples 38 45. Record Set 38 46. Supplemental Drawings and Instructions 38 47. Contractor Furnished Drawings 39 48. Substitutions 39 49. City Furnished Drawings 40 50. Interpretation of Drawings and Documents 40 51. Product and Material Testing 40 52. Field Directives 41 53. Changes in the Work or Contract Documents 41 54. Continuing the Work 41 55. Change Orders 41 56. Change Order Procedure 42 57. No Oral Changes 43 58. Value of Change Order Work 43 59. Extra Work Directive 45 60. As -Built Drawings 46 61. Worker's Identification 47 62. Removal of Unsatisfactory Personnel 47 63. Substantial Completion, Punch List, & Final Completion 47 64. Acceptance and Final Payment 48 65. NDPES Requirements 49 66. Force Majeure........ ........... ............. ...... :.:......:.:......;:49` "67. Extension of Time 49 68_ Notification of Claim 50. 69. Extension of Time not Cumulative 50 70. Contractor's Damages for Delay ..... .....:........ .................... ......: ........... 51 71. Excusable Delay, Non-Compensable 51 72. Lines and Grades 51 73. Defective Work 511 3 74. Acceptance of Defective or Non -Conforming Work 52 75. Uncovering Finished Work 52 76. Correction of Work 52 77. Maintenance of Traffic and Public Streets 53 78. Location and Damage to Existing Facilities, Equipment or Utilities 54 79. Stop Work Order 55 80. Hurricane Preparedness 55 81 Use of Completed Portions 55 82. Cleaning Up; City's Right to Clean Up 56 83. Removal of Equipment 56 84. Set -offs, Withholdings, and Deductions 57 85 Event of Default 57 86. Notice of Default -Opportunity to Cure 57 87 Termination for Default 57 88. Remedies in the Event of Termination for Default 58 89. Termination for Convenience 58 90. Resolution of Disputes 59 91 Mediation -Waiver of Jury Trial 60 92. City May Avail Itself of All Remedies 61 93. Permits, Licenses and Impact Fees 61 94. Compliance with Applicable Laws 61 95. Independent Contractor 61 96 Third Party Beneficiaries 62 97. Successors and Assigns 62 98. Materiality and Waiver of Breach 62 99. Severability 62 100. Applicable Law and Venue of Litigation 63 101 Amendments 63 102. Entire Agreement 63 103. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act 63 104. Evaluation 63 105. Commodities manufactured, grown, or produced in the City of Miami, Miami - Dade County and the State of Florida 64 106. Royalties and Patents 64 107. Continuation of the Work 64 108. Review of Records 64 109. No Interest 64 110. Payments Related to Guaranteed Obligations 64. 111. Consent of City Required for Subletting or Assignment 65 112. Agreement Limiting Time in Which to Bring Action Against the City 65 113. Defense of Claims 65 114. Contingency Clause 65 115.... Mutual Obligations 66. _.......; ,......:...:.. 116.... Contract Extensior, 66 117... Non -Exclusivity 66 118. Nature of the Agreement 66 119. Contract Documents Contains all Terms 67 120. Attorney Fees 67. 121_... Survival . 67 Section 3 - Supplemental Terms and Conditions 68 4 1. Contract Time & Hours 68 2. Progress Payments 68 3. Liquidated Damages 69 4. Schedule of Values 69 5. Project- Schedules 69 6. Release of Liens/Subcontractor's Statement of Satisfaction 70 7. Progress Meetings 70 8. Request for Information 71 9. Substitutions 71 10. Project Site Facilities 72 11. Project Laboratory Testing Services 72 12. Security 73 13. Construction. Signage 73 14. Construction Photographs 73 15. City Furnished Property 73 16. Buy American Requirements 73 17. Contractor Purchased Equipment for State or Local Ownership 73 18. Report Jobs - Compliance with American Recovers and Reinvestment Act (ARRA) of 2009 74 19. Public Owned Equipment 74 20. Public Agencies in Competition with the Private Sector 74 Section 4 - Bid Form 76 1. Affirmative Action Plan 78 2. First Source Hiring 78 3. Non -Collusion 78 4. Drug Free Workplace 78 5. Lobbying 79 6. Debarment, Suspension and Other Responsibility Matters 80 Section 5 - Attachments 84 1. Bid Bonds 2. Questionnaire 87 3. Supplement to Bid Form 92 4. Office Location Affidavit 94 5. Local, Small, Disadvantaged and M/W BE Participation 96 6. Executive Order 11246 - Equal Employment Opportunity 97 7. Source of Supply - Steel 107 8. Davis Bacon Wage Rates 108 Section 6 - Contract 117 1. CORPORATE RESOLUTION .118 2. FORM OF PERFORMANCE BOND 119 3. FORM OF PAYMENT BOND 121 4. CERTIFICATE AS TO CORPORATE PRINCIPAL 123 _ _ 5. _PERFORMANCE AND PAYMENT GUARANTY FORM 124, 6.... JOINT VENTURE .:..:... ........... ...... .... INVITATION TO BID NO.: 11-12-008 NOTICE TO CONTRACTORS Sealed bids will be received by the City of Miami, Office of the City Clerk, City Hall, 1st FIoor, 3500 Pan American Drive, Miami, Florida 33133-5504 for: Central Chilled Water Plant and Cooling Design Bids Due: Friday, December 09, 2011 @ 2:00 p.m. Scope of Work: The Work consists of furnishing all materials, labor, and equipment necessary to achieve the following: replacement of the chillers at Hyatt Regency Miami - Lump Sum Base Bid A: Chiller Plant (Exhibit AA) and -installation of the Cooling Towers of the Lump Sum Base Bid B (Exhibit B). The Scope of Work for both Exhibits is detailed in Attachment B — Scope of Work. Attention Prospective Bidders: .Please do not factor in the cost of the Chiller Plant and Cooling Tower, . as the equipment will be assigned to the Contractor prior to installation. Contractor is NOT required • to purchase neither the Chiller Plant nor the Cooling Tower. CIP has scheduled a mandatory pre -bid conference and site visit immediately following the pre -bid conference. Details are as follows: Location: Hyatt Regency — Miami 400 S.E. Second Avenue — Hibiscus A Conference Room Miami, FL 33131-2197 Date/Time: November 17, 2011 at 2:00 p.m. Minimum Requirements: Prospective Bidder shall hold a current certified license as a General Contractor from the State of Florida and must have a minimum of five (5) years experience under its current business name. Its Mechanical Subcontractor must have experience in the construction of similar projects including five (5) separate project references of similar size, scope; and complexity, supported by references within the past five (5) years. The Mechanical Subcontractor must self -perform at least thirty percent (30%) of the physical construction work. References will be required of the General Contractor and Mechanical Subcontractor. The Mechanical Subcontract must be listed on Form SU. All work on this project for both the chiller and cooling tower must comply with Davis Bacon wage raterequirements found in Section 1606 of the American Recovery and Reinvestment Act of 2009. The Bid documents may be obtained by visiting the Department of Capital hnprovements Program's website at: http://w ww.miamiaov.com/Capitallmprovements/panes/ProcurementOpportunities/Default.asp. The Project drawings will be available online on or after November 10, 2011. It is the sole responsibility of all firms to ensure their receipt of any addendum and it is recommended that firms periodically check the CIP webpage for updates and the issuance of addenda. _All bids shafts be submitted in -accordance. with the Instructions''.to Bidders.. Bids must bec submitted .in - duplicate oriainals-at the tune, date:and place above and will 'be publicly opened. "Any" bids "received after the,time-and date specified-wiIl not be considered. The responsibility for submitting a bid/proposal before • the stated time -and "date is -solely. and strictly the responsibility-ofthe bidderBidder.--The ,City is not responsible for any no matter what the cause. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE," IN ACCORDANCE WITH CITY OF MIAD1II CODE § 18-74 (ORDINANCE NO. 12271). DP No.: 008960 6 Section I — Instructions for Submission 1. Intention of City It is the intention of City of Miami ("City") to describe in this Invitation to Bid ("ITB") the Project(s) to be completed in accordance with all codes and regulations governing all the Work to be performed under this Project(s). Any work, materials or equipment that may reasonably be inferred from the Contract as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. Where words have a well-known technical or trade meanings are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 2. Scope of Work The Work consists of furnishing all materials; labor, and equipment necessary to achieve the following: replacement of the chillers at Hyatt Regency Miami - Lump Sum Base Bid A: Chiller Plant (Exhibit A) and installation of the Cooling Towers of the Lump Sum Base Bid B (Exhibit B). The Scope of Work for both Exhibits is detailed in Attachment B — Scope of Work. Attention Prospective Bidders: Please do not factor in the cost of the Chiller Plant and Cooling Tower, as the equipment will be assigned to the Contractor prior to installation. Contractors WILL NOT be required to purchase neither the Chiller Plant nor the Cooling Tower. 3. Location of Project Hyatt Regency — Miami 400 S.E. Second Avenue Miami, FL 33131-2197 4. Performance of the Work Bidder must be capable of self- performing thirty percent (30%) of the physical construction Work. The Mechanical Subcontractor must self -perform at least thirty percent (30%) of the physical construction work. By submitting a Bid the Bidder certifies that it will utilize its own employees to meet this requirement. As part of the Bid, the Bidder must include the form entitled ."Questionnaire". Failure _to completeand submit •this, ,formor to . meet . this requirement_ shall result. in ` the Bid being deemed non -responsive Where the City -1 rdeterrrmines -that -Contractor is deemed to- not meeting this requirement during the performance of the Work,..then the Contractor shallbe in default of the Contract. Examination of Contract Documents and Site It is the responsibility of each Bidder before submitting a response to this ITB to • Carefully review the ITB, including any Addendum and notify the City of all conflicts, errors or discrepancies, • Visit the site(s) or structure(s) to become familiar with conditions that may affect costs, progress, performance or furnishing of the.Work. • Take into account federal, state and local. (City and Miami -Dade County including, without limitation the City Purchasing Ordinance and Florida Building Code) laws, regulations, ordinances that may affect a Bidder's ability to perform the Work. o Study and carefully correlate Contractor's observations with the requirements of the ITB. The submission of a Bid in response to this solicitation shall constitute an incontrovertible representation by Bidder that it will comply with the requirements of the Contract Documents and that, without exception, the response is premised upon performing and furnishing Work required under the Contract Documents and that the Contract Documents are sufficient in detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Addendum Only questions answered by written Addendum will be binding. Oral and other interpretations or clarifications will be without legal binding effect and should not be relied upon in preparations of a Bid response. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Department of Capital Improvements Program (CIP) in writing, to the attention of Marlo Darrington @ mdarrington(a,miamigov.com Interpretations or clarifications considered necessary by CIP in response to such question will be issued by City by means of Addendum mailed or delivered electronically to all parties recorded by the CIP as having received the solicitation documents. All Addenda will be posted on the CIP webpage. Written questions must be received no Tess than ten (10) calendar days prior to the date Bids are due. There shall be no response to questions received less than ten (10) calendar days prior to bid opening. 7. Bid Submission All Bids must be received by the City of Miami, City Clerk's office located at City Hall, First Floor, 3500 Pan American Drive, Miami, Fla. 33133, before the time and date specified for bid opening, enclosed in a sealed envelope, legibly marked on the outside: ITB NO.: 11-12-008 BIDS FOR: Central Chilled Water Plant and Cooling Design Bidders must submit two originals.- Failure to submit two originals mayresult in the reject of the Bid as non -responsive. NOTE: This Bid requires the submission of City Form SU, which is available on the CIP webpage, identified in the ITB. Failure to submit City Form SU with the Bid will result in the Bid being rejected as non -responsive. Bid Guaranty All Bids shall.be accompanied:b_y either an originalbid bond executed by a Surety meeting the :requirements of the .City, or by cash, money order, certified check,_ cashier's -check, :Unconditional/Irrevocable Letter of Credit, Bid Bond Voucher (for projects less than $200,000) issued to -City Certified M/WBE's by the City's M/WBE Office, treasurer's check or bank draft of any national or state bank (United States), in the amount of 5% of the total -Bid amount, payable to City, Florida, and conditioned upon the successful Bidder executing "`the' Contract and: providing the:- required Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award 8 of the Contract. The time for execution of the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by the City's Capital Improvements and Transportation Department at its sole discretion. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful. Bidder shall be forfeited to the City as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, and provide the required Performance Bond. 9. Preparation of Bid The Bid Form contains one Project and the Bidder must provide a lump sum price to perform the Work required for the Project. All Bids must be made upon the blank City forms provided herein. The Bid must be signed and acknowledged by the Bidder in accordance with the directions on the ITB. Failure to utilize the city's forms, or fully complete said forms will result in a determination that the response is non -responsive The Bidder will be considered non -responsive if Bid is conditioned on modifications, Changes, or revisions to the terms and conditions of the ITB. The Bid is to include the furnishing of all labor, materials, overhead expense and profit, equipment including, but not limited to, tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. Joint venture firms must complete and submit with their Bid the form titled "Information for Determining Joint Venture Eligibility" (Form A) and submit a copy of the formal agreement between all joint -venture parties. This joint venture agreement must indicate their respective roles, responsibilities and levels of participation for the Project. Failure to timely submit Form A, along with an attached written copy of the joint venture agreement may result in disqualification of the Bid. All joint venture firms must meet the requirements stipulated in the Florida Statutes. 10. Pre -Bid Conference A mandatory pre -bid conference and site visit for the General Contractor and Mechanical Subcontractor will be held on November. 17, 2011 at 2:00 p.m., Hyatt Regency Miami, 400 SE 2"d Avenue, Hibiscus A, Miami, FL 33131 to discuss this solicitation. Any questions regarding directions please contact: Anahi Astudillo @ 305-679-3075 or via e-mail: Anahi.astudillo(a�hyatt.com. Since space is limited, it is recommended that one representative of each firm attend in order to become familiar with the Solicitation and conditions of usage. Attendees are requested to bring this Solicitation package to the conference. Additional site observations shall be limited to three periods, as noted below: November 21, 2011 8am-12 noon November 28, 2011 8am-12 noon November 30, 2011 8 am-12 noon 11. Postponement of Bid Openinq Date The: City reserves the right to postpone the date for receipt and opening of submissions and will :make a :reasonableeffort to .give at least _five (5) calendar days notice of any such postponement to prospective Bidders. The e City shall make reasonable efforts to issue addenda within five (5) calendar days prior to the due date. 9 12. Acceptance or Rejection of Bids 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 ninety (90) calendar days after Bid opening date. A Bidder may not withdraw its Bid unilaterally nor change the Contract Price before the expiration of one hundred twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its Bid after the expiration of one hundred twenty (120) calendar days from the date of Bid opening by delivering written notice of withdrawal to the Department of Capital Improvements and Transportation prior to award of the Contract by the City Commission. 13. Environmental Regulations The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The non -submission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations .or violations. Bidders shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Submittal opening date and during performance of the Work under this Contract. 14. Bid Award The City will issue the award of the Contract to the lowest responsive and responsible Bidder. The City may require demonstration of competency and at its sole discretion conduct site visits, require the Bidder to furnish documentation and/or require the contractor to attend a meeting to determine the Bidder's qualifications and ability to meet the terms and conditions of this Contract. The City shall consider, but not be limited to, such factors as financial capability, labor force, equipment, experience, knowledge of the trade work to be performed, the quantity of Work being performed, and past performance on City projects by the Contractor. The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure. that it can satisfactorily provide the goods and/or services required herein. The City, in its sole discretion, may determine a Bidder to be non -responsible where the Bidder has failed to perform in accordance with other contracts with the City. Any Bidder who, at the time of submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder under federal bankruptcy law or any state insolvency, may be declared non -responsive. Any Bidder who has filed a lawsuit against the City or where the City has filed a lawsuit or won a court judgment against the Bidder may be declared non -responsive. 15. Bid Protest Any actual or prospective contractual party who feels,,aggrieved in connection with the solicitation_ or. award of a contract imay protesOm writing to the Director of Purchasing/Chief Procurement Officer who shall: have the authority, subject to the approval of the City Manager arid the City Attorney, to settle and resolve a protestwith final approval by the City Commission: .Bidders .are alerted to Section 18-104 of the City's Code describing the :protest procedures. Protests failing to meet.the,-.requirements. for filing .shall NOT be accepted. Failure of a party to timely file shall constitute. a forfeiture of such party's right to file a protest. NO EXCEPTIONS ti. ocal; Small; and Disadvantaged Firm Participation 10 The City strongly encourages Contractors to secure the participation of small businesses, Community Small Business Enterprises (CSBE), and/or Disadvantaged Business Enterprises (DBE) that are currently registered with and/or certified by other governmental ,agencies within Florida, such as under programs in 'effect for the Florida Department of Transportation, Miami -Dade or Broward Counties, and the Miami Dade County Public Schools. Similarly, the City also strongly encourages Contractors to secure the participation of firms located within the City's jurisdictional limits. Forms are provided for this purpose. 17. First Source Hiring Agreements Section 18-110 of the City Code states: (a) The City Commission approves implementation of the first -source hiring agreement policy and requires as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants and loans, for projects of a nature that create new jobs, the successful negotiation of first source hiring agreements between the organization or individual receiving said contract and the Authorized Representative unless such an agreement is found infeasible by the City Manager and such finding approved by the City Commission at a public hearing. b) For the purpose of this section, the following terms; phrases, words and their derivations shall have the following meanings: Authorized Representative means the Private Industry Council of South Florida/South Florida Employment and Training Consortium, or its successor as local recipient of federal and state training and employment funds. Facilities means all publicly financed projects, including but without limitation, unified development projects, municipal public works, and municipal improvements to the extent they are financed through public money or services or the use of publicly owned property Grants and loans means, without limitation, urban development action grants (UDAG), economic development agency construction loans, loans from Miami Capital Development, Incorporated, and all federal and state grants administered by the City Service contracts means contracts for the procurement of services by the City which include professional services. Services include, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. (c) The Authorized Representative shall negotiate each first source hiring agreement (d) The primary beneficiaries of the first -source hiring agreement shall be participants of the City training and employment programs, and other residents of the City. Contractors are strongly encouraged to identify opportunities to hire qualified City residents if a Contract is awarded, and are expected to secure the cooperation of subcontractors in assist ',with recruitment and cscreenin of job applicants; and May- eriodicall monitor 'con --t effort ort as 9 ell j-A ,well -.-Approved communityagencies. areavailableto atractors' employment PP g records : during - the., term •of the Contract. Resident job applicants are 'not expected to -receive special:consideration by the prospective employer, and must meet all hiring requirements .normally imposed • by the employer. During the term of the Contract, if awarded, the- City .may require the Contractor and its subcontractors to periodically review its manpower needs and resubmit First Source Hiring forms. 18 Localarid MinoritV/Woman Participation Reporting 11 The City is collecting data on the participation of local, small and minority owned business. Based on this ongoing effort the City requires that with the submission of the first payment requisition for each RFP the Contractor shall submit the report entitled. "Local and Minority/Women Participation". Failure to submit the report may delay:the issuance of payment to the Contractor. Contractor shall submit an updated report when a subcontractor has been added or changed. 19. Cone of Silence Pursuant to Section 18-74 of the City of Miami Code ("City Code") and City of Miami Ordinance No. 12271, a "Cone of Silence" is imposed upon this ITB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence prohibits any verbal communications regarding this ITB Any communication concerning this ITB must submit in writing to CIP and Bidders must file a copy of such written communications with the Office of the City Clerk. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk at marcia cr,miamigov.com. This language is only an overview off the requirements of the Cone of Silence. Please review Section 18-74 of the City of Miami Code ("City Code") or City of Miami Ordinance No. 12271 for a complete and thorough description of the Cone of Silence. You may also contact the City Clerk at (305)-250-5360, to obtain a copy. 20. Public Entity Crime A person or affiliate who has been placed on the convicted Bidder list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a Response on a contract with a public entity for the construction or repair of a public building or public works project, may not submit a response on a lease of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a period of 36 months from the date of being placed on the convicted Bidder / Bidder list. 21. Fraud and Misrepresentation Any individual, corporation or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement, may be debarred for up to five (5) years in accordance with the. applicable provisions of the City Code. The City as a further sanction may terminate or cancel any other contracts with such individual, corporation or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation. 22. Collusion Where two (2) or more related parties, as defined herein, each submit a response to an ITB; such submissions shall be presumed to be collusive. The foregoing presumption may be rebutted by the presentation of evidence as to the extent of ownership, control and management of such related parties in preparation and submission under such ITB. Related parties shall mean employees, officers or the 'principals thereof which have a direct... , - or indirect ownership interest in another firm or in which a parent company or the principals -thereof of one .Contractor have a direct or indirect ownership interest in. another Contractor for the same project(s). ITB responses found to be collusive shall be rejected. 23. Contractor in Arrears of Default The.. Contractor represents and warrants thatthe Contractor is not in arrears to the.Cityand is not a defaulter as a surety or.otherwise_upon any obligation to the City. In addition the 12 contractor warrants that. the Contractor has not been declared "not responsible" or "disqualified" by or debarred from doing business with any state or local government entity in the State of Florida, the Federal Government or any other State/local governmental entity in the United States of America, nor is there any proceeding pending pertaining to the Contractor's responsibility or qualification to receive public agreements. The Contractor considers this warrant as stated in this Article to be a continual obligation and shall inform the City of any change during the term of the Contract. The City shall not consider and deem as non -responsible Bids submitted by Bidders where the City has determined that the Bidder is in monetary arrears or otherwise in debt or default to the City at the time and date Bids are due. 24. Cancellation of Solicitation The City reserves the right to cancel, in whole or in part, any solicitation when it is in the best interest of the City. This determination will be at the discretion of the City and there will be no recourse from such cancellation. 13 Section 2 — General Terms and Conditions Definitions Basis of Design means a specific manufacturer's product that is named; including the make or model number or other designation, .establishing the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of other manufacturers. Bid means the response submitted by a bidder to this solicitation, which includes the price, authorized signature and all other information or documentation required at by the Contract Documents at the time of submittal. Bidder means any individual, firm, incorporated or unincorporated business entity, or corporation tendering a Submittal, acting directly or through a duly authorized representative. Change Order means a written document ordering a change in the Contract Price or Contract Time or a material change in the Work. A change order must comply with the Contract Documents. City means the City of Miami, Florida, a Florida municipal corporation: In all respects hereunder, City's performance is pursuant to the City's capacity as Owner. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Contract. For the purposes of this Contract, "City" without modification shall mean the City Manager or Director, as applicable. City Commission means the legislative body of the City.. City Manager means the duly appointed chief administrative officer of the City of Miami. Consultant means a firm that has entered into a separate agreement with the City for the provision of design/engineering services for a Project. Contract means the Invitation to Bid (ITB) solicitation and the Bid documents that have been executed by the Bidder and the City subsequent to approval of award by the City Contractor means the person, firm, or corporation with whom the City has contracted and who will be responsible for the acceptable performance of any Work and for the payment of all legal debts pertaining to any Work issued under this contract through the award of an ITB. Contract Documents means the Contract as may be amended from time to time, the plans and drawing, all addendum, clarifications, directives, change orders, payments and other such documents issued under or relating to the Project(s). Construction Change Directive means a written directive to effect changes to the Work, issued by the Consultant or the Director that may affect the ITB Contract price or time. Construction Schedule means a critical path schedule or other construction schedule, as defined and required by the Contract Documents: Consultant means the.Architect or Engineer of Record contracted by the City to prepare the :plans and specifications for. the. Projects. Consultant `may' also= �be referred to as Architect or Engineer of Record. Cure means the action taken by the Contractor°promptly after:: receipt, of,written notice„from ; ... the City of a breach of the Contract Documents which shall be .performed at no cost to the City, fo repair, replace; correct;'or remedy all material; .equipment, or other elements of the Work' or the Contract Documents affected by such breach, or to otherwise make good` and 14 eliminate such breach, including, without limitation, repairing, replacing or correcting any portion of the Work or the Project(s) site(s) disturbed in performing such cure. Cure Period means the period of time in which the Contractor is required to remedy deficiencies in the Work or compliance with the Contract Documents after receipt of written notice to Cure from the City identifying the deficiencies and the time to Cure. Design Documents means the construction plans and specifications included as part of a Bid/Proposal Solicitation prepared by the consultant for this Project(s) under a separate Agreement with the City. Director means the Director of the Department of Capital Improvements and Transportation or designee, who has the authority and responsibility for managing the Project(s) under this Agreement. Drawings means the graphic and pictorial portions of the Work, which serve to show the design, location and dimensions of the Work to be performed, including, without limitation, all notes, schedules and legends on such Drawings. Field Directive means a written approval for the Contractor to proceed with Work requested by the City or the consultant, which is minor in nature and should not involve additional cost., Final Completion means the date subsequent to the date of Substantial Completion at which time the Construction Manager has completed all the Work in accordance with the Agreement as certified by the architect or engineer of record or the City and submitted all documentation required by the Contract Documents. Inspector means. an authorized representative of the City assigned to make necessary inspections of materials furnished by Contractor and of the Work performed by Contractor. Materials mean goods or equipment incorporated in a Project(s), or used or consumed in the performance of the Work. Notice of -Award means the written letter to the Contractor notify the Contractor that they have been awarded the Contract. Notice To Proceed means a written letter or directive issued by the Director or designee acknowledging that all conditions precedent have been met and directing that the Contractor may begin Work on the Project(s). Plans and/or Drawings means the official graphic representations of a Project(s). Project. Or Work as used herein refers to all reasonably necessary and inferable construction and services required by the Contract Documents whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the its obligations, including completion of the construction in accordance with the Drawings and Specifications. The Work may constitute the whole or a part of the Project(s). Project Manager means the individual assigned by CIP to manage the Project(s). Request for Information (RFI) means a request from the Contractor seeking an interpretation or clarification relative to the Contract Documents. The RFI, which shall be clearly marked .RFI, :shall clearly and concisely set forth the issue.(s) or;item(s) . requiring --clarification:,: orinterpretation and why the response is needed. The RFI must set forth the Contractor:s--interpretation -or understanding ;of, -the ,document(s) in question, along with the reason' for such understanding. ;Risk Administrator means -the City's Risk Management"Administrator, or designee, _or.the individual named by the City Manager to administer matters relating to insurance and risk of ~: __loss for the City. : . 15 Subcontractor means 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. Submittal means documents prepared and submitted by the Bidder to pre -qualify under this solicitation. Substantial Completion means that point at which the Work is at a level of completion in substantial compliance with the Agreement such that the City can use, occupy and/or operate the facility in all respects to its intended purpose. Substantial Compliance shall not be deemed to have occurred until any and all governmental entities, which regulate or have jurisdiction over the Work, have inspected, and approved the Work. Beneficial use or occupancy shall not be the sole determining factor in determining whether Substantial Completion has been achieved, unless a temporary certificate of occupancy has been issued. 2. Time is of the Essence Contractor will promptly perform its duties under the Contract and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with the Contract Documents. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in the Contract Documents. All dates and periods of time set forth in the Contract Documents, including those for the commencement, prosecution, interim milestones, milestones, and completion of the Work, and for the delivery and installation of materials and equipment, were included because of their importance to the City. Contractor acknowledges and recognizes that the City is entitled to full and beneficial occupancy and use of the completed Work following expiration of the Contract Time. In agreeing to bear the risk of delays for completion of the Work except for extensions approved in accordance with Article 71, Excusable Delays, the Contractor understands that, except 'and only to the extent provided otherwise in the Contract Documents, the occurrence of events of delay within the Contractor's, control, the Work shall not excuse the Contractor from its obligation to achieve full completion of the Work within the Contract Documents Time, and shall not entitle the Contractor to an adjustment. All parties under the control or contract with the Contractor shall include but are not limited to materialmen and laborers. The Contractor acknowledges that the City is purchasing the right to Have the Contractor. continuously working at the Project(s) site(s) for the full duration of the Project to ensure the timely completion of the Work. 3. Contract Term The Contract shall commence upon issuance of the Notice of Award, which shall be issued subsequent to the execution of the Contract by the City. The Contract shall terminate upon notice by the City that the Contract has been closed -out after final completion or otherwise terminated by the City pursuant to the terms and conditions herein set forth. 4. Notices ',Whenever -either party desires to give Written Notice unto the otherrelating to the Contract, suchmust be addressed to the party for whom it=is intended at'the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with_ the provisions of this Article Notice shall be deeme_ d given pr the date. received :or :within<3 .days of mailing, if ifiailed through the -'United •States=Postal Service Notice shall be deemed given on the date sent via ,;e-mail or facsimile Notice all be deemedgiven via courier/delivery` service upon the initial delivery date- by 'the. 16 courier/delivery service. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Albert Sosa, P.E. Director Capital Improvements Program City of Miami 444 S.W. 2nd Avenue, - 8th Floor Miami, Florida 33130 Jeovanny Rodriguez, P.E. Assistant Director Capital Improvements Program City of Miami 444 S.W. 2nd Avenue, - 8th Floor Miami, Florida 33130 During the Work the Contractor shall maintain_ continuing communications with Consultant and the Project Manager. The Contractor shall keep the City fully informed as to the progress of the Project(s) at all times through ongoing communications with the Project Manager. 5. Priority of Provisions If there is a conflict or inconsistency between any term, statement requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into the Contract Documents by reference and a term, statement, requirement, the specifications and plans prepared by the Consultant, or provision of the Contract Documents the following order of precedence shall apply: In the event of conflicts in the Contract Documents the priorities stated below shall govern; • Revisions to the Contract shall govern over the Contract • The Contract Documents shall govern over the Contract • Addendum to an ITB shall govern over a ITB In the event of conflicts within the Contract Documents the priorities stated below shall govern: Scope of Work and Specifications shall govern over plans and drawings • Schedules, when identified as such shall govern over all other portions of the plans • Specific notes shall govern over all other notes, and all other portions of the plans, unless specifically stated otherwise • Larger scale drawings shall govern over smaller scale drawings • Figured or numerical dimensions shall govern over dimensions obtained by scaling • Where provisions of codes, manufacturer's specifications or industry standards are in conflict, the more restrictive or higher quality shall govern 6. Indemnification Contractor shall indemnify , hold harmless and defend the City,- its officials, officers, agents,:directors,::andemployees,,, from liabilitle;s,.damages,.losses,..and ;costs,.;including,.-- but =not limited to reasonable :-attorney's fees, Tto 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 :Contract, Contractors faiiure..to_-comply with -any applicable laws, codes, rules or regulation's applicable to the performance of this work ndcthe contract documents, . and will indemnify,- hold harmlessand defend the: City,;its icials officers,;yagents; directors and employees against, any civil actions, statutory or 17 similar claims, injuries or damages arising or resulting from the permitted work, inclusive of the chiller plant and cooling tower, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. 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. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive -the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this. Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is acknowledged by the Contractor. 7. Insurance Without limiting any of the other obligations or liabilities of Contractor, Contractor shall provide, pay for, and maintain in force until all of its Work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverage set forth herein. Coverage is underlined in bold. 7.1. Workers' Compensation insurance to apply for all employees in compliance with the Statutory "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: • Waiver of subrogation • Statutory State of Florida • Limits of Liability 7_22.r --:Employers'.-Liability with a limit .Of One Million` Dollars ($1;000,000:06) Dollars 'each bodily injury caused by -an accident, each accident. One. , Million.Dollars ($1,000,000.00) eacha�bodily injury caused bydsease, each _ employee.. One.Million Dollars ($1,000;000.00) each bodily injury caused by disease, policy limit. 7.3. Commercial General Liability (CGL) (Primary & Non Contributory) with minimum limits .of One Million Dollars ($1,000,000.00) each occurrence, combined`single;limit:for Bodily Injury and Property Damage Liability, with a 18 general aggregate limit of Two Million Dollars ($2,000,000.00). Coverage must be afforded on a primary and non contributory basis and with a coverage form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: ■ Products and/or Completed Operations for contracts with an Aggregate Limit of One Million Dollars ($1,000,000.00) per project. 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. • Personal and Advertising Injury with an aggregate limit of One Million Dollars ($1,000,000). ▪ CGL Required Endorsements o Contingent Liability/Independent Contractors Coverage o.Contractual Liability o Waiver of Subrogation o Premises and Operations Liability o Explosion, Collapse and Underground Hazards o Loading and Unloading City of Miami as an additional insured (CG 2010 11/85 or its equivalent) Mobile Equipment (Contractor's Equipment) whether owned, leased, borrowed or rented by Contractor or employees of the Contractor. 7.4. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: ▪ Any Auto/All Owned Autos/Scheduled ▪ Including Hired, Borrowed or Non -Owned Autos ▪ Employers' Non -Ownership. ▪ Employees included as insureds ▪ City of Miami listed as an additional insured 7.5. Umbrella Policy (Excess Following Form/True Excess Following Form/True Umbrella) ■ Bodily Injury and Property Damage Liability with limits of Three ':Million_=Dollars ($3,000,000) per occurrence, Three Million Dollars ($3,000,000) Aggregate; - Excess coverage over the policies has follows: ■ Commercial General Liability ■ Business Automobile Liability. ▪ Employer's Liability City of Miami as an'additional insured 19 7.6 Installation Floater Required for the installation of machinery and/or equipment into an existing structure is required. The coverage shall be "All Risk Specific Coverage Project Location including installation and 'transit for 100 percent of the "installed replacement cost value," covering City as a named insured, with a deductible of not more than Two Thousand Five Hundred ($2,500.00) each claim. 7.7 Owners & Contractor's Protective Each Occurrence General Aggregate $1,000,000 $1,000,000 City of Miami an additional insured with respect to their interest in written contract as their interests may appear. When the `machinery or equipment is located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structure, or, the maximum amount of flood insurance coverage available under the National Flood Program. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. If the initial insurance expires prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. Notice of Cancellation and/or Restriction --The policy (ies) must be endorsed to provide City with at least thirty (30) days notice of cancellation and/or restriction. Contractor shall furnish to the Capital Improvement Program the 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 official title of the Owner is the City of Miami, Florida. This official title shall be used in all insurance documentation Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The .Risk=:Administrator or his/her authorized designee reserves the right to .require _ modifications,: _increases, or changes in the required insurance . requirements, coverage, :deductibles or other insurance obligations by providing a thirty (.30) day written notice to the Contractorin accordance with Sectioni2, Gen°eral'Conditions; Article'4; Notices: Contractor' shall comply -with such requests unless the insurance coverage is not then readily available in the national market. An additive or deductive change -.order will be -issued -to -adjust- the . contract value as necessary. For insurance bonding issues and decisions, the City shall act hrough its Risk Administrator,(unlessotherwise stated) . orrriance• `arid Payment Bond 20 Where required by the Contract Documents the Contractor shall within fifteen (15) calendar days of being notified of award, furnish a Performance/Payment containing all the provisions of the attached Performance/Payment forms. Each Bond shall be in the amount of one hundred percent (100%) of the Contract value guaranteeing to City the- completion and performance of the Work covered in the Contract Documents as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project(s). Each Bond shall be with a Surety, which is qualified pursuant to Article 9, Qualification of Surety. 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 value, 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 Project(s). The City of Miami must be listed as an obligee. 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 and provide City with evidence of such recording. Alternate Form of Security: In lieu of a Performance/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. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 9. Qualification of Surety Bid Bonds, Performance/ Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The. Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. The City will accept a surety bond from a company with a rating of B+ or better for bonds up.to_$2 million; provided, however;: that if any surety_ company appears on the watch list that is published quarterly by Intercom of the Office of the Flonda:insurance ...Commis'sioner, the. City shall review ana; either accept or reject the surety company _.based on -the _financial. -information available' to -the='City =•A --surety companythat` 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: olicy Financial holders Size mount of Bond "' Ratings Category 21 500,001 to 1,000,000 B+ Class. I 1,000,001 to 2,000,000 B+ . Class .... II 2,000,001 to 5,000,000 A Class ... III 5,000,001 to 10,000,000 A Class ...IV 10,000,001 to 25,000,000 A Class ....V 25,000,001 to 50,000,000 A Class ...VI 50,000,001 or more A Class .. VI For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a Surety which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the Surety is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. •A Certificate and Affidavit so certifying should be submitted with the Bid Bond and also with the Performance/Payment Bond. More stringent requirements of any grantor agency are set forth within the RPP. If there are no more stringent requirements, the provisions of this section shall apply. 10. General Requirements The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of its departments. The Contractor agrees that the Contractor will at all times employ, maintain and assign to the performance of a Project a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the Work to be performed. The Contractor agrees to adjust staffing levels or to replace any staff personnel if so requested by the Project Manager, should the Project Manager make a determination that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. The Contractor represents that its staff personnel have the proper skills, training, background, knowledge, experience, rights, authorizations, integrity, character and licenses as.necessary to perform the Work, in•a competent and professional manner. The Contractor shall provide temporary facilities and controls necessary to perform the Work and to ensure safe and proper access and use of the site by the Project Manager and the Consultant. Any such specific requirements will be included in the Technical Specification portion of the ITB. The Contractor shall at all times cooperate with the City, or the Consultant and coordinate its respective Work efforts to most effectively and efficiently progress the performance of the Work. The City, the Consultant and other agencies authorized by the City, shall have full access to the Project(s) site(s) at all times. The Contractor shall be responsible for the good condition of the Work or materials until formal release from his obligations under the terms of the Contract Documents. Contractor shall bear all losses resulting to it on account of the amount or character of the Work, or the character of the ground, being different from what he anticipated. The. Contractor: shall at all times conduct the Work in such manner and in such sequence as practicablea p .. will ensure the least. local interference... Contractor shall hot open up Work to the prejudice of Work already started, and the Project Manager may require the Contractor to finish a section on which -Work is in progress before Work is started on any additional :L,LlL) 22 Contractor is totake necessary precautions and use caution when working in or around overhead transmission lines and underground utilities. The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as meaning. that only best practices are to prevail and only materials and workmanship of the best quality are to be used in the performance of the Work. 11 Method of Performing the Work If the Project Manager or Consultant reasonably determines the rate of progress of the Work is not such as to ensure its completion within the designated completion time, or if, in the opinion of the Project Manager or Consultant, the Contractor is not proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work according to the Project schedule accepted by or determined by the Project Manager or Consultant, the Project Manager or the Consultant shall have the right to order the Contractor to do either or both of the following: (1) improve its work force; and/or (2) improve its performance in accordance with the schedule to ensure completion of the Project(s) within the specified time. The Contractor shall immediately comply with such orders at no additional cost to the City. (3) The .City at its sole option may also have Work performed by a third party contractor and deduct such cost from any monies due the Contractor. Where materials are transported in the performance of the Work, vehicles shall not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to the satisfaction of the Project Manager or Consultant. Contractor is responsible to control dust and prevent it from becoming a public nuisance or causing off -site damage. Contractor shall take all necessary and prudent measure to control dust. The Contractor shall furnish to the Project Manager and the Consultant a complete listing of 24-hour telephone numbers at which responsible representatives of the Contractor and all of the Contractor's Subcontractorcanbe reached should the need arise at any time. 12. Work Staging and Phasing The Work to be performed shall be done in such a manner so as not to interfere with the normal. City operations of the Project site or facility. The manner in which the. Workis performed shall be subject to the approval of the Project Manager or Consultant, whom if necessary, shall have the authority to require changes in the manner in which the Work is performed. There shall be no obstruction of City services without the prior written approval of the Project Manager or Consultant. All requests for such interruption or obstruction must be given in writing to the Project Manager or Consultant 24 hours in advance of the interruption of City operations. The Contractor shall familiarize itself with normal City operations where the Work is to be performed so that it can conduct the Work in the best possible manner to the complete - satisfaction of the Project Manager and Consultant.. A ;,staging-plan:must--be submitted to and., approved by the Project. Manager: or the - r-:Consultant prior to the start of -construction and .issuance of the Notice to Proceed. Such ==staging plan shall. be revised and resubmitted as necessaryduring construction. - 13. Site Investigation and Representation The. Contractor acknowledges that it has satisfied itself as to the nature and location(s) of ork under the Contract Documents, the general and local conditions, particularly 23 those bearing upon availability of transportation,disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the performance of the Work andrall other matters which can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection of the Project(s) site(s) as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory work that may have been done by the City or included in this Contract Documents. Contractor should examine the soil conditions at the Project site to determine if any special shoring, sheeting, or other procedures necessary to protect adjacent property during excavation of subsoil materials or during filling of any area(s), or for any operation during the performance of the Work. Any failure by the Contractor to acquaint itself with all the provided information and information obtained by visiting the Project(s) site(s) will not relieve Contractor from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. In the event that the actual subsurface conditions vary from the actual City provided reports the Contractor shall notify the City and this Contract Documents amount may be adjusted up or down depending on the conditions. 14. Contractor to Check Plans, Specifications and Data Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Project Manager or Consultant as part of a Contract Documents, and shall notify the Project Manager and the Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished the Project Manager or by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Project Manager or Consultant. 15. Contractor's Responsibility for Damages and Accidents Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the City any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the City, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Lawn Areas - All lawn areas disturbed by construction shall be replaced with like kind to a condition similar or equal to that existing before construction. Where sod is to be removed, it shall, be carefully removed, and the same :resodded,':or the Brea .where 'sod'has .been -, removed .shall: be.:restored with new sod in the manner described in the applicable section. Fences - Any fence, -or part thereof, that is damaged or removed during the course of the ,,j Work shall be replaced or repaired by the DESIGN-BUILDER,'and shall be left in as good a condition as before the starting of the work. ;.Where fencing, walls, shrubbery, grass strips or area must be removed or destroyed incident to the construction operation, the DESIGN BUILDER shall, after completion of the work, :'`replace or restore 'to "the original condition all such destroyed or "damaged landscaping and improvements. 24 16. Accidents The Contractor shall provide such equipment and facilities as are necessary or required, in the case of accidents, for first, aid service to person who may be injured during the Project(s) duration. The Contractor shall also comply with the OSHA requirements as defined in the United States Labor Code 29 CFR 1926.50. In addition, the Contractor must report immediately to the Project Manager and Consultant every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. 17. Safety Precautions Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: • All employees on the Project(s) site(s) and other persons who may be affected thereby; • All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project(s) site(s); and • Other property at the Project(s) Site(s) 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. Contractor shall designate a responsible member of its organization at the Project(s) site(s) whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Project Manager. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property caused directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Project Manager or Consultant has issued the Contractor a notice of Final Acceptance. Contractor must adhere to the applicable environmental protection guidelines for the. duration of a Project. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain- link fencing, railings; barricades, steel plates; safety lights, -and ladders -that -are -necessary -for the protection of its employees, as .well as the public and City employees. All riggings and scaffolding shall be" constructed withgood sound materials,_ of .adequate dimensions for their intended use, and substantially braced, tied or secured to :ensure absolute safety for those .required to use it, as well as ;those_. in the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar . actions or equipment shall be OSHA approved, as applicable, and in accordance with all federal state and local regulations 25 Al! open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. No open trenches or holes are to be left open during nighttime or non0working hours without the prior written approval of the Project Manager. If an emergency condition should develop during a Project, the Contractor must immediately notify the Project Manager and Consultant of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager and the Consultant. 18. Occupational Health and Safety 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 a Project must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: • The chemical name and the common name of the substance. • The hazards or other risks in the use of the substance, including: o The potential for fire, explosion, corrosion, and reaction; o The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the substance; and o The primary routes of entry and symptoms of overexposure. • The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the substances, including appropriate emergency treatment in case of overexposure. • The emergency procedure for spills, fire, disposal, and first aid. • A description in lay terms of the known specific potential health risks posed by the substance intended to alert any person reading this information. • The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 19. Labor and Materials Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project(s) site(s) and shall not employ on the Project(s) any unfit person or anyone not skilled in the Work to which they are assigned. 20. Rules, Regulations, and Licenses The successful Contractor shall comply with all laws and regulations applicable to provision of services specified in the Contract Documents. The Contractor shall be familiar with all federal, state and local laws that may in affect the goods and/or services offered. 21. Consultant Services The City,_ in- its _sole _discretion, . may hire a,. -Consultant who shall serve as the City's -.:Representative for the Project(s) to be performed under the Contract. Documents. The. Contract Documents will state that an City's representative has been contracted with for the -management of the Work under the Contract Documents and who will be the lead point of contact, - the :Consultant -or the Project Manager.. _.Where _a_Consultant ..has _been identified,.. -.the Consultant and`the Project Manager will have authority to act on behalf of the City to the extent provided in the Contract Documents and as outlined, in Article 24, Authority of the t ;Project Manager,'of the General Terms and Conditions. 26 •1 .F- On the basis of the on -site observations, the Consultant will keep the Project Manager informed of the progress of the Work. In the capacity of interpreter, the Consultant will exercise the best efforts to ensure faithful performance by both the Project Manager and the Contractor and will not show partiality to either. The Project Manager will assist the Consultant in conducting inspections to determine the date or dates of Substantial Completion and Final Acceptance and will receive and review written warranties and related documents required by the Contract and the Contract Documents. The Consultant will be responsible for receiving all documentation for review and acceptance. Upon acceptance such documentation will be forwarded to the Project Manager. The Project Manager in conjunction with the Consultant will approve Schedules of Values, Project Schedules, subcontractors and invoices. The City may contract for additional consultant services, including but not limited to construction examination and observation services. Such services are intended to be additional services and are not intended to and shall not be construed to supplant or alter the role and responsibilities of the Consultant. In case of the termination of employment of the Consultant, the City may, at its sole discretion, appoint another Consultant, whose status under the Contract shall be as.that of the former Consultant. 22. Project Management Where a Contractor is awarded Work, the Contractor shall be responsible for all Project management, including any and all subcontracts necessary to ensure that the Work is performed in accordance with the Contract Documents. Project Management shall include, but is not limited to: obtaining bids from subcontractors and suppliers; coordinating the securing of all permits; obtaining licenses and inspections; ensuring that subcontractors comply with all City requirements; performing the Work in accordance with the Contract Documents to the satisfaction of the Project Manager; paying all subcontractors; obtaining release of liens/claims fees; and obtaining temporary and final Certificates of Occupancy or Completion. 23. Superintendence and Supervision The orders of the City are given through Consultant or Project 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 Project Manager or Consultant. The superintendent shall not be changed except with the written consent of Project. Manager or Consultant, 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 Project Manager or Consultant upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. The Project Manager and the Consultant shall be provided telephone number(s) for the superintendent where the superintendent can be contacted during normal working hours as well as after hours for emergencies. On Projects in excess on thirty (30) calendar, days the Contractor's superintendent shall. record;_ at a .iriinimum,'=the following information in- a bound.log: -'the day; -date; weather ,?- . =conditions: and ''how .any weather condition. °affected progress of the Work; time of commencement. of Work for the day; the Work being performed; materials, labor, personnel, equipment and subcontractors at the Project(s) site(s); visitors to the .Project site, including -representatives of.the City, Consultant, regulatory representatives.; any. special;or:.unusual.:...: conditions or occurrences encountered; and the time of termination of Work for the day. All information shall be recorded in the daily log in indelible ink. The daily, log shall be kept on 27 the Project(s) site(s) and shall be available at all times for inspection and copying by Project Manager and Consultant. The Project Manager, Contractor and Consultant shall meet at least every two (2)weeks or as otherwise determined by the Project Manager, during the course of the Work to review and agree upon the Work performed and outstanding issues. The Contractor shall publish, keep, and distribute minutes and any comments thereto of each such meeting. If Contractor, in the course of performing the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Plans, it shall be Contractor's duty to immediately inform Project Manager and Consultant, in writing, and Project Manager or Consultant, will promptly review the same. Any Work done after such discovery, until authorized, will be done at Contractor's sole risk. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents and Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. All Work: including trade Work shall be performed and supervised by properly licensed for the Work being performed. 24. Authority of the Project Manager The Director hereby authorizes the Project Manager or the Consultant designated in the Contract Documents to determine all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under this Contract Documents. The Contractor shall be bound by all determinations or orders of the Project Manager and/or Consultant and shall promptly respond to requests of the Project Manager and/or Consultant, including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the Project Manager's and/or Consultant's determination or requests. Where requests are made orally, the Project Manage and/or Consultant will follow up in writing, as soon thereafter as is practicable. The Project Manager and/or Consultant shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified inwriting by. the City. All instructions to the Contractor shall be issued. in writing: All instructions to the Contractor shall be issued through the Director, Project Manager or the Consultant. The Project Manager and Consultant shall have access to the Project(s) Site(s) at all times. The Contractor shall provide safe facilities for such access so the Project Manager and Consultant may perform their functions under the Contract. The Project Manager and Consultant will make periodic visits to the Work Site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The . Project Manager and Consultant will not be responsible for construction means, _methods; techniques,sequences or procedures, -or for safety precautions and programs: in c:connection_with the Work, -and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents.. -:The Project Manager and Consultant will have authority to reject Work that does not conform to the. Contract_:Documents. Whenever, in his or her opinion, it is considered necessary •or advisable to ensure the proper completion of the Contract Documents the Protect Manager:and Consultant will have authority_ to requirespecialinspections or testing of the Work; whether or'not such Work is fabricated, installed or completed. Neither the 28 Project Manager's nor Consultant's authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager or Consultant to the Contractor, any subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. :All interpretations and recommendations of the Project Manager and Consultant shall be consistent with the intent of the Contract Documents. The Project Manager and Consultant will not be responsible for the acts or omissions of the Contractor, any Subcontractor, or any of their agents or employees, or any other persons performing any of the Work. 25. Inspection of Work - Consultant, Inspectors, and City shall at all times have access to the Work during normal work hours, and Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. Should the Contract Documents, Consultant/Inspector Project Manager's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give Project Manager and Consultant 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 Project Manager or Consultant, it must, if required by the Project Manager or Consultant, be uncovered for examination and properly restored at Contractor's expense. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with the City's testing laboratory or entity. The Contractor shall give the City and the Consultant timely notice of when and where tests and inspections are to be made so that the City or Consultant may be present for such procedures. Re-examination of any of the Work may be ordered by the Project Manager or Consultant, 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 accordance with the Contract Documents, Contractor shall pay such cost. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the City or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of the Contract Documents or to delay the Work by failure to inspect the materials and Work with reasonable promptness without the written permission or instruction of Project Manager or Consultants. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by the Contractor to any Inspector, directly or indirectly,- is strictly prohibited, and any such act on the part ofthe-Contractor will constitute a breach of this Contract. 26. Taxes <:Contractor-..shall=pay=all applicable sales, consumer; use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 27. Separate Contracts 29 Prior to the commencement of the Work the Project Manager or the Consultant will notify the Contractor of all ongoing projects or projects scheduled to commence during the Work that may require coordination. The Contractor shall be responsible for coordinating the Work with 'any other project to minimize any potential adverse impact. Contractor shall not be entitled to any days of delay for failure to properly coordinate the Work. The Consultant and the Project Manager will assist the Contractor in coordinating the Work. However, the sole responsibility for coordination rests with the Contractor. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Project Manager and Consultant 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 Work. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. To ensure the proper execution of subsequent Work, Contractor shall inspect the Work already in place and shall . at once report to Project Manager and Consultant any discrepancy between the executed Work and the requirements of the Contract Documents. 28. Lands of Work City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto and such other lands as are designated by City for the use of Contractor. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 29. Coordination of Work The Project Site(s) may be occupied and may operate on a twenty-four hour seven day a week schedule. Contractor shall ensure that the performance of the Work does not impact any ongoing operations at Project(s) site(s), which also includes the delivery of any materials and equipment. Access to and egress from the Project Site(s). shall be coordinated with the Project Manager and the Consultant to minimize interference to regular and emergency operations of the facility. Contractor may be required to coordinate the Work with other contractors performing work at the Project(s) site. 30. Differing Site Conditions In the event that during the course of. the Work Contractor encounters subsurface or concealed conditions at the Project(s) site(s) which differ materially from those shown in the Contract Documents and from those ordinarily encountered'and generally '"recognized..: as inherent in= work;ofithe‘character called for in the'ContractDocuments; or unknown physical conditions'_of _the '.Project(s) site(s), 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 the Project Manager and Consultant in writing of the existence of the aforesaid conditions. Project Manager and the Consultant 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 Project Manager or the Consultant, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, Project Manager or Consultant shall recommend an equitable adjustment to the Contract Documents Price or. Contract Documents Time, or both. If the Project Manager . and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to the Director for determination. Should the Director determine that the conditions of the. Project(s) site(s) are not so materially different to justify a change in the terms of the Contract Documents, the Director shall so notify the Project Manager, Consultant, and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract Documents under this provision shall be allowed unless Contractor has given written notice and otherwise fully documented altering site conditions in strict accordance with the provisions of this Article. 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 Consultant or Project Manager as the date of substantial completion. 31 Existing Utilities Known utilities and structures adjacent to or encountered in the Work will be shown on the Drawings. The locations shown are taken from existing records and the best information available from existing plans and utility investigations; however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed by either the City for their accuracy or completeness. No request for additional compensation or contract time resulting from encountering utilities not shown will be considered. The Contractor shall explore sufficiently ahead of the Work to allow time for any necessary adjustments The Contractor must coordinate all underground utility locations through "Sunshine State One Call of Florida, Inc", who shall be contacted a minimum of 48 hours before the Contractor commences any digging. In addition, the Contractor is responsible for removing all utility markings once the work is completed. Final payment to the Contractor may be withheld until the utility marks are removed. 32. Contractor's Responsibility for Utility Properties and Service Where the Contractor's operations could cause damage or inconvenience to railway, telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make all arrangements necessary for the protection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the construction operation at least 48 hours in advance. Under no circumstance expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The Contractor and his Subcontractors shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, -actions, or -claims of -any character brought because`of any injuries or damage _ >:which,mayresult,from the construction operations under the Contract Documents. Neither_the;City nor, its officers or. agents shall:be:,responsible to the Contractor for damages -as a result of the Contractor's failure to protect utilities encountered in the Work. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly as possible. ;1 and bear all costs of repair. In no event shall interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with trenching are encountered, the Contractor may, by obtaining prior approval of the water Utility, cut the service, dig through, and restore the service with similar and equal materials at the Contractor's expense and as approved by the Project Manager or Consultant. Replace, with material approved by the Project Manager or Consultant, at Contractor's expense, any and all other laterals, existing utilities or structures removed or damaged during construction, unless otherwise provided for in the Contract Documents and as approved by the Project Manager or Consultant. Replace with material approved by the Project Manager or Consultant, at Contractor's expense, any existing utilities damaged during the Work 33. Interfering Structures An attempt has been made to show major structures on the furnished Drawings. While the information has been compiled from the best available sources, its completeness and accuracy cannot be guaranteed, and is presented as a guide. The Contractor shall field verify all locations. Contractor shall coordinate with any affected companies, including utility companies and take necessary precautions to prevent damage to existing structures whether on the surface, above ground, or underground, including have the owner of the interfering structures place temporary supports. 34. Field Relocation During the process of the Work, it is expected that minor relocations of the Work may be necessary. Such relocations shall be made only by the direction of the Project Manager or Consultant at the Contractor's expense. If existing structures are encountered that will prevent construction as shown, the Contractor shall notify the Project Manager or Consultant before continuing with the Work in order that the Project Manager or Consultant may make such field revisions as necessary to avoid conflict with the existing structures. Where the Contractor fails to notify the Project Manager or Consultant when an existing structure is encountered, and proceeds with the Work despite this interference, the Contractor does so at his own risk. 35. Contractor's Use of Project Site(s) Limitations may be placed on the Contractor's use of the Project(s) site(s) and such Limitations will be identified by the Project Manager. In addition to such limitations, the Project Manager may make storage available to the Contractor at his sole discretion based on availability of space. The Contractor shall also coordinate and schedule deliveries so as to minimize disruptions to City day-to-day operations. The Contractor shall limit its use of the Project site(s), so as to allow for the City's continuous operation. This is necessary, as the Project Site(s) may remain in operation during the Work. • The Contractor shall: o Confine operations at the Project(s) site(s) to the areas permitted by the Project :..: :_: Manager _or .Consultant; _not disturb portions of the Project(s) site(s). beyond the specified areas; conform to Project(s) site(s) rules and regulations affecting the Work. ,o_-. Keep existing driveways and entrances :serving surrounding -facilities -clear -and '- available to ,the City, its employees and the public at all times; not use areas for parking and/or- storage of materials except as authorized by the Project Manager. o Assume all responsibility, for„its tools, equipment and materials, including any materials purchased for the Work and not accepted by the City, and: its vehicles 32 while performing Work for the City and/or while parked or stored at a City facility. The City assumes no liability for damage or loss to the items specified in this paragraph. Access to parking and egress from the Project(s) site(s) shall be -subject to the approval of the Project Manager. 36. Warranty of Materials and Equipment Contractor warrants to City that all materials and equipment furnished under the Contract Documents 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 and Contract/Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Project Manager or Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract Documents. 37. Material and Equipment Shipment, Handling, Storage and Protection Preparation for Shipment When practical, equipment shall be factory assembled. The equipment parts and assemblies that are shipped unassembled shall be furnished with assembly plan and instructions. The separate parts and assemblies shall be factory match -marked or tagged in a manner to facilitate assembly. All assemblies are to be made by the Contractor at no additional cost to the City. Generally, machined and unpainted parts subject to damage by the elements shall be protected with an application of a strippable protective coating, or other approved protective method. Equipment shall be packaged or crated in a manner that will provide protection from damage during shipping, handling, and storage. The outside of the package or crate shall be adequately marked or tagged to indicate its contents by name and equipment number, if applicable; approximate weight; state any special precautions for handling; and indicate the recommended requirements for storage prior to installation. Packaging and Delivery of Spare Parts and Special -Tools Properly mark to identify the associated equipment by name, equipment, and part number. Parts shall be packaged in a manner for protection against damage from the elements during shipping, handling, and storage. Ship in boxes that are marked to indicate the contents. Delivery of spare parts and special tools shall be made prior to thetime associated equipment is scheduled for the initial test run. Shipment All equipment and material shall be shipped with freight and shipping paid, FOB job site. The Contractor shall request a 7-day advance notice of shipment from manufacturers, and, upon _receipt of such notice, _ provide the,Engineer with a copy of the current delivery information concerningequipment items and material items of critical -importance. to;the Project .schedule. Receiving The=Contractor shall .unload_ and record the receipt of all equipment and materials at the jobsite. 33 All costs for receiving, inspection, handling, storage, insurance, inventory control, and equipment maintenance for the Contractor -Supplied and City -Supplied materials and equipment shall be included in the prices Bid and no extra compensation will be allowed. Inspection Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall inspect for completeness and any evidence of damage during shipment. City supplied equipment and material shall be inspected and inventoried together with City's Inspector. Should there appear to be any shortage or damage, the Project Manager or Consultant shall be immediately notified; and the Contractor shall be fully responsible for informing the manufacturers and the transportation company of the extent of the shortage or damage. If the item or items require replacing or supplying missing parts, the Contractor shall take the necessary measures to expedite the replacement or supply the missing parts. Handling Equipment and materials received for installation on the Project(s) shall be handled in accordance with the manufacturer's recommendations, and in a manner that will prevent damage. Storage Equipment and materials shall be stored prior to installation as recommended by the manufacturer. Generally, materials such as pipe shall be stored off the ground in approved storage yards. Items subject to damage by the elements, vandalism, or theft shall be stored in secure buildings. Items requiring environmental control for protection shall be provided with the necessary environmentally controlled storage facilities at no cost to the City. Insurance The Contractor's insurance shall adequately cover the value of materials delivered but not yet incorporated into the Work. Inventory Control Equipment and materials shall be stored in a manner to provide easy access for inspection and inventory control. The Contractor shall keep a running account of all materials in storage to facilitate inspection • and to estimate progress payments for materials delivered but not installed in the Work. Equipment's Maintenance Prior to Acceptance by the City The Contractor shall provide the required or manufacturer's recommended maintenance during storage, during the installation, and until such time as the City accepts the equipment for full-time operation. Salvage Equipment Any salvageable pipe, fittings, or other miscellaneous material or equipment removed during construction and not reused in the Work shall be cleaned, hauled, and stored by the Contractor at his own expense, where directed by the Project Manager or Consultant, and shall remain the property of the City. All other material shall be disposed of by the Contractor at his own expense. Manufacturer's Instructions The Contractor shall: Comply with- manufacturer's requirements for -the handling, delivery and storage of all materials. Where required by the Contract Documents, Contractor shall ' submit manufacturer's printed instructions for delivery, storage, assembly, and installation. Comply: with the manufacturer's applicable instructions and recommendations forthe performance of the Work, to the extent that these instructions and recommendations are 34 more explicit or more stringent than requirements indicated in the Contract Documents including the Contract Documents. Inspect each item of material or equipment immediately prior to installation and reject damaged and defective items. • Provide attachment and connection devices and methods for securing the Work; secure Work true to line plumb and level, and within recognized industry standards; allow for expansion and building movement; provide uniform joint width in exposed Work; arrange joints in exposed Work to obtain the best visual effect and refer questionable visual effect choices to the Consultant for final decision when applicable to the Work. Recheck measurements and dimensions of the Work, as an integral step in starting each portion of the Work. Install each unit or section of Work during favorable weather conditions, which shall ensure the best possible results in coordination with the entire Project(s) and isolate each unit of • Work from incompatible Work -as necessary to prevent potential interference among each section and/or deterioration of equipment. Coordinate enclosure of the Work, which requires inspections and tests so as to minimize the necessity of uncovering Work for that purpose. When required by the Contract Documents or the manufacturer, a qualified representative shall be present to observe field conditions, conditions of surface and installation, quality of workmanship, and applications. Manufacturer's representative shall provide the Contractor and the Project Manager or Consultant a written report of field observations. 39. Manufacturer's Warranty Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied, shall be made available to the City for material and equipment covered by this Contract Documents. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty. The Contract Documents may supersede the manufacturer's standard warranty. Manufacturer's warranties will become effective upon Final Acceptance of the Project(s). 40. Reference Standards Reference to the standards of any technical society, organization or body shall be construed to mean the latest standard adopted and published at the date of request for qualifications, even though reference may have been made to an earlier standard. Such reference is hereby made a part of the Contract Documents the same as if herein repeated in full and in the event of any conflict between any of these standards and those specified, the most stringent shall govern unless otherwise stated. 41. Submittals Contractor shall check and approve all shop drawing, samples, product data, schedule of values, and any and all other submittals to make sure they comply with the Contract Documents prior,to submission to the Project Manager or.,Consultant. Contractor. by approving: and submitting any submittals, "re.presents'that they Kaye verified - -. the accuracy of the submittals, and they have verified all ofthe submittal_:information and. documentation with the requirements of the Contract Documents. At time of submission the. - Contractor shall advise the Project Manager and Consultant- in -writing -of any deviations :from the Contract Documents. Failure of the ,Contractor toadyi.se the Project Manager or. Consultant. of any deviations shall make the Contractor solely responsible for any costs incurred to correct, add or modify. any portion of. the Work to comply with the Contract Documents": 35:. Each shop drawing submittal shall contain a title block containing the following information: • Number and title of drawing, including Contract title and Number • . • Date of drawing and revisions • Name of Contractor and Subcontractor (if any) submitting drawings • Name of Project, Building or Facility • Specification Section title and number • Contractor's Stamp of approval, signed by the Contractor or his checker • Space above the title block for Project Manager' or Consultant's action stamp • Submittal or re -submittal number (whether first, second, third, etc.) Date of submittal Contractor shall sign, in the proper block, each sheet of shop drawing and data and each sample label to certify compliance with the requirements of the Contract Documents. Shop drawing submitted without the stamp and signature shall be rejected and it will be considered that the Contractor has not complied with the requirements of the Contract Documents. Contractor shall bear the risk of any delays that may occur as a result of such rejection. City shall not be liable for any materials, fabrication of products or Work commenced that requires submittals until the Project Manager or Consultant has returned approved submittals to the Contractor. Project Manager or Consultant shall make every effort to review submittals within fourteen (14) calendar days from the date of receipt by the Project Manager or Consultant. Project Manager or Consultant's review shall only be for conformance with design concepts and the information provided in the Contract Documents. The approval of a separate item shall not constitute approval of an assembly in which the item functions. The Project Manager or Consultant shall return the shop drawings to the Contractor for their use and distribution. Acceptance of any submittal shall not relieve the Contractor of any responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has given written notice to the Project Manager or Consultant of the specific deviations and the Consultant has issued written approval of such deviations. By approving and. submitting Shop Drawings, Product Data and Samples, the Contractor represents that all materials, field measurements and field construction criteria related thereto have been verified, checked and coordinated with the requirements of the Work and have been verified, checked and coordinated with this Contract Documents. Contractor shall be responsible for the distribution of all shop drawings, copies of product data and samples, which bear the Project Manager's or Consultant's stamp of approval: Distribution shall include, but not be limited to; job site file, record documents file, Sub- contractor, suppliers, and other affected parties or entities that require the information. The Contractor shall also provide copies of all plans approved and permitted by the required governing authorities. The Contractor shall not be relieved of responsibility for errors or omissions in any and all submittals by the Project Manager's or Consultant's acceptance thereof. The Contractor warrants the adequacy for the purpose intended of any,shop drawings or portion of a shop drawing that alters, modifies or adds to the requirements: of the Contract Documents Nothing :in_the Froject Managers or: Consultant's,:review of Shop Drawings, Submittals and. -Samples-shall be construed asoauthorizing additional work "or increased cost -to the City. 42 Shop Drawings Contractor- shall submit Shop Drawings as required by the •Contract Documents. The purpose of the Shop Drawings is to show, in detail, the suitability, efficiency., technique of 36 manufacture, installation requirements, details of the item, and evidence of its compliance or noncompliance with this Contract Documents. Within five (5) calendar days .after City's award of the Contract, Contractor shall submit to Project Manager or Consultant .a complete list and submittal log of items for which Shop Drawings are to be submitted and shall identify the critical items and all submittal dates.. Approval of this list by Project Manager or Consultant shall in no way relieve the 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. After the approval of the list of items required above, Contractor shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show its approval thereon. Contractor shall submit three (3) sets of shop drawings. Some shop drawings as either denoted in the Contract Documents or by the Florida Building Code (Code) or Florida Statute such as structural drawings, require that they be prepared by a licensed engineer. It is the sole responsibility of the Contractor to ensure that the Shop Drawings meet all Code requirements. If the Shop Drawings show or indicate departures from the Contract Documents, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract and Documents. Project Manager or Consultant shall review and accept or reject with comments, Shop Drawings within fourteen (14) calendar days from the date received. Project Manager's or Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Shop 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 Shop Drawings. No Work called for by Shop Drawings shall be performed until said Shop Drawings have been approved by Project Manager and/or Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to Project Manager and/or Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. 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. The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear, thoroughly detailed and shall have listed on it all Contract Documents references, drawing number(s), specification section number(s) and the shop drawing numbers of related work. Shop drawings must be complete in every detail, -including location` of :the Work. Materials', •. gauges, :methods of, fastening and spacing of fastenings, :connections with other work, cutting; fitting, drilling =and any :and all other necessary information Per standard trade- practices or as required for any specific purpose:shall be shown. Where .professional calculations and/or certification. of :performance criteria„of materials,,__: systems,. .and :or equipment are required, the -Project Manager and/or Consultant are entitled to rely upon the accuracy and completeness of such calculations and certifications submitted.: by the. Contractor. Calculations; when required, shall be submitt•ed in a neat.. • clear and easy format to follow: 37 Contractor shall keep one set of Shop Drawings marked with Project Manager's and/or Consultant's approval at the job site at all times. 43. Product Data Contractor shall submit four (4) copies of product data, warranty information and operating and maintenance manuals. Each copy must be marked to identify applicable products, models, options and other data. Contractor shall supplement manufacturer's standard data to provide information unique to the Work. Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify pertinent products, with references to the specifications and the Contract Documents. Identify reference standards, performance characteristics and capacities, wiring and piping diagrams and controls, component parts, finishes, dimensions and required clearances. Contractor shall submit a draft of all product data, warranty information and operating and maintenance manuals at 50% completion of construction. 44. Samples Contractor shall submit samples to illustrate the functional characteristics of the product(s). Submittals shall be coordinated for different categories of interfacing Work. Contractor. shall include identification on each sample and provide full information. 45. Record Set Contractor shall maintain in a safe place at the Project(s) site(s) one record copy and one permit set of the Contract Documents, including, but not limited to, all Drawings, Specifications, shop drawings, amendments, Change Orders, RFIs, and Field Directives, as well as all written interpretations and clarifications issued by the Project Manager or Consultant, in good order and annotated to show all changes made during construction. The record documents shall be continuously updated by Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Construction Change Directives, and Field Directives as well as all written interpretations and clarifications, and all concealed and buried installations of piping, conduit and utility services. Contractor shall certify the accuracy of the updated record documents. As a condition precedent to City's obligation to pay Contractor, the Contractor shall provide evidence, satisfactory to the Project Manager and the Consultant, that Contractor is fulfilling its obligation to continuously update the record documents. All buried items, outside the Project(s) site(s), shall be accurately located on the record documents as to depth and in relationship to not less than - two (2) permanent features (e.g.' interior orexterior wall faces). The record documents shall, be clean and all changes, -corrections and dimensions shall be given in a neat and legible manner in red. The record documents shall be available to the City and the Consultant for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, the record documents shall be delivered to the Project Manager or Consultant by the Contractor. The Record Set of Drawing shall be submitted in both hard copy and as electronic plot files. 46. Supplemental Drawings and Instructions tThe,Projeet-Manager-or.Consultant shall have the right to approve and issue supplemental instructions setting :forth.. written orders, instructions,..'or...interpretations concerning the `Contract Docuni'ents_or its_performance, provided such Supplemental Instructions involve no,change in,the Contract Documents Price orthis Contract Documents Time. Project :Manager or Consultant shall have the right to modify the details of the plans and specifications, to supplement the plans and specificatidns'with additional plans, drawings -or additional information as the Work proceeds, all of which shall be considered as part of the Contract Documents Incase of disagreement between the written and graphic portions. of the Contract Documents; the written portion shall govern. 38 47. Contractor Furnished Drawings A Contract Documents may require the Contractor to furnish design, shop and/or as -built drawings _depending on the nature and scope of the Work to be performed. The following applies to thedifferent types of drawings. The Project Manager and/or Consultant shall, after review of the drawings, initial and mark the drawings in one of the following manners: 1. ACCEPTED - No correction required. 2. PROCEED AS CORRECTED - Minor changes or corrections identified. Work can proceed subject to re -submittal and acceptance of the drawings. 3. REVISE AND RESUBMIT- Significant changes or corrections are recommended. Submittal must be revised and resubmitted for acceptance prior to Work proceeding. 4. REJECTED - Not in accordance with the Contract and/or Contract Documents due to excessive changes or corrections or other justifiable reason. Drawings must be corrected and resubmitted prior to any Work being performed. Revisions required by the permitting jurisdiction must also be reviewed and accepted by the Project Manager or Consultant prior to resubmission to the permitting agency. Acceptance by the City shall not relieve the Contractor from responsibility for errors and omissions in the drawings. 48. Substitutions Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Architect or Engineer of Record if sufficient information is submitted by Contractor to allow City and Engineer of Record to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by City and Architect or Engineer of Record from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Architect or Engineer of Record for acceptance thereof, certifying that the proposed substitute shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from -,_acceptanceof. such:substitute,-.including costs for redesign and claims of. other. contractors affected by the resulting :change, all of which,;shall be considered by the Architect or Engineer.of.Record in evaluating: the proposed substitute. The Architect or Engineer Record may require the 'Contractor to.furnish at.Contractor's expense additional -data about the proposed substitute. If a specific means, method, technique, sequence or procedure:Of construction is indicated 'in or required by Contract Documents, Contractor may furnish. or utilize a substitute means, ,method, _technique, sequence or procedure of construction acceptable_ to .,the: Architect. or Engineer of Record, if the Contractor submits:;suffficient information to allow the Architect or. Engineer of Record to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Architect or Engineer of Record shall be the same as those provided herein for substitute materials and equipment. The Architect or Engineer of Record shall be allowed a reasonable time within which to evaluate each proposed substitute. The Architect or Engineer of Record and the City shall be the sole judges of the acceptability of any substitute. No substitute shall be ordered, installed or utilized without the City's and the Architect or Engineer of Record's prior written acceptance which shall be evidenced by either a Change Order or an approved submittal. The City and the Architect or Engineer of Record may require the Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. If the City and the Architect or Engineer of Record rejects the proposed substitute, at their discretion, the City may require the Contractor to reimburse the City for the charges of the Architect or Engineer of Record for evaluating the proposed substitute. 49. City Furnished Drawings The City, in its sole discretion, may furnish design drawings. It shall be the sole responsibility of the Contractor to bring to the immediate attention of the Project Manager and the Consultant any discrepancies between . the drawings and existing conditions, excluding hidden or unforeseen conditions, discovered prior to commencing and during the Work. The Contractor shall be solely responsible for verifying the accuracy of the drawings prior to commencing the Work, and shall be responsible for any errors or revisions of the Work, which might have been avoided by notifying the City prior to commencement. This shall also apply to any revisions or omissions identified by the Contractor. The Contractor shall submit all requests for information entitled Request for Information (RFI). The City shall respond to all RFI's in writing. The Contractor shall have no basis for any claim for additional costs resulting from their failure to identify any required revisions, omissions and/or errors, not identified in writing to the Project Manager or Consultant prior to commencing the Work. The drawings are to be addressed as a complete set and should not be used in parts. Contractor is responsible to coordinate the set of drawings with all trades to ensure that the Work will be performed correctly and coordinated among the trades. Contractor shall not scale the drawings. 50. Interpretation of Drawings and Documents Drawings and specifications are intended to be consistent, be mutually explanatory, and should be used together and not separately. During the performance of the Project(s), should any errors, omissions, conflicts, ambiguities or discrepancies be found in the drawings and/or specifications, the Project Manager or the Consultant will clarify in writing the intent of the drawings and/or specifications and the Contractor agrees to abide by the Project Manager's or Consultants interpretation and perform the Work in accordance with the decision of the Project Manager or the Consultant. In such event, the Contractor will be held to have included in its Contract Price the best materials suitable for the purpose and/or methods of construction. 51. Product and Material Testing - All tests shall be,.performedb.ythe Contractor, except where .otherwise .specifically.statedlin._. :the Contract Documents. All costs for testing performed by the Contractor shall be at the Contractor's expense -All reports are to be sent directly_ to the City's Project Manager with_ ,a copy -to the Contractor.: The City may, in its sole and absolute discretion, test materials and products at its own cost. 52. Field Directives The Project Manager or Consultant may at times issue field directives to the Contractor based on visits to the Project(s) Site(s). Such Field Directives shall be issued in writing and the Contractor shall be required to comply with the directive. Where the Contractor believes that the directive is outside the scope of the.Work, the Contractor shall, within 48 hours, notify the Project Manager or Consultant that the work is outside the scope of the Work. At that time the Field Directive may be rescinded or the Contractor may be required to submit a request for a change to the Contract. Where the Contractor is notified of the City's position that the Work is within the scope and the Contractor disagrees, the Contractor shall notify the Project Manager or Consultant that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply with the directive may result in a determination that the Contractor is in default of the Contract. 53. Changes in the Work or Contract Documents Without invalidating the Contract Documents and without notice to any Surety, City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete fully and acceptably the proposed construction of a Project in a satisfactory manner. Any extra or additional Work within the scope of the Project(s) must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto. This section shall not prohibit the issuance of Change Orders executed only by City. 54. Continuing the Work Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract price or Contract Time for completion. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 55. Change Orders Changes in the quantity or character of the Work within the scope of the Project(s) which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or, the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, 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 the Director as set forth in Article 88, Resolution of Disputes. Duringthe pendency of the dispute, and upon receipt of a Change Order approvedby :City, Contractor shall promptly proceed with -the 'Change in the Work involved and advise the Project Manager, Consultant, and Director in •writing within seven` (7) :calendar days of -Contractor's agreement. or disagreement .with .the method, if any, provided. in_,the _Change Order for -determining the proposed adjustment in the Contract • Price or Contract Time. On approval'of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond (if applicable) are increased so that each reflects` the total Contract Price as increased: 41 Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. The City reserves the right to order changes which may result in additions to or reductions from the amount, type or value of the Work shown in the Contract and which are within the general scope of the Contract Documents. Any such changes will be known as Extra Work. No Extra Work shall be performed except pursuant to written orders of the Project Manager or Consultant expressly and unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the absence of such an order, the Project Manager or Consultant may direct, order or require the Contractor to perform any Work including that which the Contractor deems to be Extra Work. The Contractor shall nevertheless comply and shall promptly and in no event after, begin the performance thereof or incur cost attributable thereto and give written notice to the Project Manager stating why he deems such Work (hereinafter "Disputed Work") to be Extra Work. Said notice is for the purposes of (1) affording an opportunity to the Project Manager to cancel such order, direction or requirements promptly; (2) affording an opportunity to the Project Manager to keep an accurate record of materials, labor and other items involved; and (3) affording an opportunity to the City to take such action as it may deem advisable in light of such disputed Work. 56. Change Order Procedure Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract representing the reasonable cost or the reasonable financial savings related to the change in Work. Extra Work may also result in an equitable adjustment in the Contract schedule for performance for both the Extra Work and any other Work affected by the Extra Work. The City shall initiate the Extra Work procedure by a notice to Contractor outlining the proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the Contractor is required to immediately start the Extra Work. The Contractor is required to obtain permission for an extension to start the Extra Work if it is beyond the Contractor's ability to start within the allotted timeframe. The Contractor is required to provide the Project Manager with a detailed Change Proposal Request using City forms CPR A - C. CPR A - C forms (available on the CIP webpage) shall include requested revisions to the Contract, including but not limited to adjustments in this Contract Price and Contract Time. The Contractor is required to provide sufficient data in support of the cost proposal demonstrating its reasonableness. In furtherance of this obligation, the City may require that the Contractor submit any or all of the following: a cost breakdown of material costs, labor costs, labor rates by trade, and Work classification and overhead rates in support of Contractor's Change Proposal Request. The Contractor's Change Proposal Request must include any schedule revisions and an explanation of the cost and schedule impact of the Extra Work on the Project(s). If the Contractor fails to notify the Project Manager or Consultant of the schedule changes associated with the Extra Work, it will be deemed to be an acknowledgment by Contractor that the proposed Extra Work will not have any scheduling consequences. The Contractor agrees the Change Proposal Request will in no event include a combined profit and overhead rate in excess of ten (10%) percent of the direct labor and material costs, unless the Project Manager determines:that,the complexity and:risk of the Extra Work:is such that an additional factor is. appropriate: The Change Proposal Request May be accepted or `Modified by negotiations between the Contractor and the City. If an agreement on the Extra Work -is reached, both `parties shall :execute the Extra Work order in writing via a Change Order. The execution by the Contractor of the Change Order shall serve as a release of the City from all claims and liability .to -the -Contractor relating to, or in connection' with, the Extra Work, including any impact;: and-anyy:prior acts, neglect or default of the City relating to the Extra. Work. Upon execution of a Change Order that affects the Contract Time the Contractor shall, within five (5) business days submit a revised Project schedule reflecting the changes against the baseline schedule. 57. No Oral Changes Except to the extent expressly set forth in the Contract, no change in or modification, termination or discharge of the Contract or, in any form whatsoever, shall be valid or enforceable unless it is in writing and signed by the parties charged, therewith or their duly authorized representative. 58. Value of Change Order Work The value of any Work covered by a Change Proposal Request or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: • Where the Work involved is covered by unit prices contained in the Contract, by application of -unit prices•to the quantities of items involved. • By mutual acceptance of a lump sum which Contractor and Project Manager acknowledge contains a component for overhead and profit. • .On the basis of the "cost of Work," determined as provided in this, plus a Contractor's fee for overhead and profit which is determined as provided in this Article. • The term "cost of Work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by the Project Manager, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in herein. Payroll costs for employees in the direct employ of Contractor in the performance of the Work described in the Change Proposal Request under schedules of job classifications agreed upon by Project Manager and Contractor. Payroll costs for employees not employed full time on the Work covered by the Change Proposal Request shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the Work after regular working hours, on Sunday or legal holidays shall be included in the above to the extent authorized by City. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others. in accordance with . rental agreements .: approved .by :City .with the advice of Consultant 'and the costs of transportation, loading, unloading, -installation, dismantling and removal thereof, all in accordance with the terms of said agreements..The rental of any.such equipment, Yriachinery or parts shall cease when the use thereof is no longer necessary for the Work: If required by the City, Contractor shall obtain competitive bids for the Change Order Work. Contractor and shall deliver such competitive bids to the City who will determine which bids ee, the Subcontractor's cost" the -Work shall be determined in the same plus a will be accepted. If the Subcontractor is to be paid on the basis of cost of the Work manner as 43 Contractor's cost of the Work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. The term "cost of the Work" shall include any of,the following: • Cost of special consultants, including, but not limited to, consultants, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the Work described in the Change Order. • Supplemental costs including the following: • The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work except for local travel to and from the site of the Work. • Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and less market value of such items used but not consumed which remains the property of Contractor. • Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. • Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. • The cost of utilities, fuel and sanitary facilities at the site. • Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. • Cost of premiums for additional bonds and insurance required because of changes in the Work. The term "cost of the Work" shall not include any of the following: • Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, consultants, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the agreed -upon schedule of job classifications., all of which are to be considered administrative costs covered by Contractor's fee. • Expenses of Contractor's principal and branch offices other than Contractor's office at the site. • Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. • Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the Work. • Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any, of them may be liable, including but not limited to, the correction of.defective:Work; • disposal materials or equipment wrongly supplied and making good ..any damage to property. • .. Other overhead or general expense costs of any kind and the cost of anyy item not specifically and expressly included: in this Article:. -- Contractor's -fee allowed -to Contractor for overhead and profit shall be determined as follows: l mutuaally acce table fixed fee or if none can be agreed upon,.._. • A fee based on the following percentages of the various portions of the cost of the Work: • Where the Contractor self -performs the Work, Contractor's fee shall not exceed ten percent (10%). ■ Where ‘a -sub-contractor performs the Work, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the Work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and ■ No fee shall be payable for special consultants or supplemental costs. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. Whenever the cost of any Work is to be determined pursuant to this Article, Contractor will submit in a form acceptable to Project Manager or Consultant an itemized cost breakdown together with the supporting data. Where the quantity of any item of .the Work that is cov• ered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such Work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change -in -cost, Contractor shall submit an initial cost estimate acceptable to the Project Manager or Consultant. • Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. ■ Whenever a change involves Contractor and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and each Subcontractor shall be itemized separately. ■ Each Change Order must state within the body of the Change Proposal Request whether it is based upon unit price, negotiated lump sum, or "cost of the Work." 59. Extra Work Directive If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or extenuating circumstances, the City may nevertheless issue a directive to the Contractor to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Contractor shall be obligated to proceed with the. Work set forth in that directive. Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to the Article 88, Resolution of Disputes, by furnishing a written statement to the Project Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Contractor disputes. Such dispute must relate to specific matters raised or specific matters reserved by the Contractor in its proposal and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth: all details:of the Contractor's claim including the manner that thedisputeditem was specified 'in the Contractor's proposal. During the °pendency of_ any dispute' hereunder, the • :Contractor., must proceed with Work as set :forth in- the Extra Work Directive unless 'other -wise advised by. -the Project. Manager's written instructions. In the event there is a -:dispute as to price, the Contractor will be paid=in accordance with the following paragraph. This-payment(s) will be in full satisfaction of the Contractor's claim ,for an adjustment tothe. value of the Contract. Compensation for Extra Work in the event of the„parties' in ability to agree upon a mutually. satisfacto nce•shall be as follows No payment will be made to the Contractor for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a mark-up not to exceed 10%. This will not vary, whether the Extra Work is performed by the Contractor or his subcontractor. Any exceptions must be approved by the Project Manager. "Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the Contractor as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental for the same (including small power tools), as determined by the Project Manager; and (vi) any additional materials necessary for the performance of the Extra Work. In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the Contractor shall at the end of each day furnish to the City such documentation as the City may require to support all the costs of the Extra Work. If payments on account are desired as the Extra Work progresses, the Contractor shall render an itemized statement showing the total amount expended for each class of labor and for each kind of material on account of each item of Work as a condition precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor agreements, records or other documents showing the actual cost for labor and materials. Such documents shall not be binding on the City. The Project Manager shall determine any questions or dispute as to the correct cost of such labor or materials or plant. In case the Contractor is ordered to perform Work under this Article, which, in the opinion of the Project Manager, it is impracticable to have performed by the Contractor's own employees, the Contractor will, subject to the approval of the Project Manager, be paid the actual cost to Contractor of such Work, and in addition thereto five (5%) percent to cover the Contractor's superintendence, administration and other overhead expenses. Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification or revision by representatives of the City. 60. As -Built Drawings During the Work, Contractor shall maintain records of all deviations from the. Drawings and Specifications as approved by the Project Manager or Consultant and prepare As -Built Record Drawings showing correctly and accurately all changes and deviations made. during construction to reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the As -Built Drawings for errors and omissions prior to submittal to the City and certify in writing that the As -Built Drawings are correct and accurate, including the actual location of all internal piping, electrical/signal conduits in or below the concrete floor. Indicate the size, depth and voltage in each conduit. Legibly mark to record actual construction: On -site structures and site Work as follows: Depths=of various elements offoundation rn:relation°to finish'first floor.datum' - All _underground piping and ductwork `with elevations`_ and 'dimensions and locations of valves, pullboxes, etc: Changes in Iodation. Horizontal and vertical r:. -locations -of :underground utilities and appurtenances, referenced to permanent .surface improvements. Actual installed pipe_:material wclass,.etc Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure.. Air. conditioning ducts with locations` of dampers, access doors; fans and other: items needing 46 periodic maintenance. a Field changes in dimensions and details. ■ Changes made by Project Manager's or Consultant's written instructions or by Change Order. - ■ Details not on original Contract -Drawings. ■ Equipment, conduit, electrical panel locations. ■ Project Manager's or Consultant's schedule changes according to Contractor's records and shop drawings. Specifications and Addenda: Legibly mark each section to record: ■ Manufacturer, trade name, catalog number and Supplier of each product and item of equipment actually installed. ■ Changes made by Project Manager's or Consultant's written instructions or by Change Order. Approved Shop - Drawings: Provide record copies for each process equipment, piping, electrical system and instrumentation system. As -built documents shall be updated monthly as a condition precedent to payment. For construction of new building or building additions as -built drawings signed and sealed by a Florida licensed Professional Surveyor and Mapper: 61. Worker's Identification The Contractor's employees, who include any Subcontractor, shall wear an identification card provided by the Contractor. The identification card shall bear the employee's picture, name, title and name of the employer. Failure by a Contractors employee to wear such identification may result in his removal from the Work until such time as the identification card is obtained and worn. Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time. 62. Removal of Unsatisfactory Personnel The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any or Sub - Contractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Contract Documents. The Contractor shall respond to the City within seven (7) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The City shall make the final determination as to.the removal of unsatisfactory personnel from Work assigned by City. The Contractor agrees that the removal of any of its employees does not require the termination or demotion of employee(s). 63. Substantial Completion, Punch List, & Final Completion The, Work shall be substantially complete when the Project Manager, in the reasonable exercise of his/her discretion determines that the Work is complete and there are no material and/or substantial variations from the Contract Documents and the Work is fit for its intended purpose. Upon Substantial Completion, the Project Manager and the Contractor shallsign the Substantial Completion.:Inspection Form:_,,The signing. -of this form ,: shall -not -relieve the Contractor from its obligation to complete the Project When the: Contractor: believes that the Work is substantially complete, the Contractor shall request -in writing .that the Project Manager or Consultant inspect the Work to determine if Substantial Completion has • been achieved No request..for Substantial Completion.. inspection is ' to be - submitted until the Contractor has `obtained a" -Certificate(s) ' of Occupancy, Certificate - of Completion or Completion or _a Temporary Certificate of coupencyj or any,_other, approvals from, agencies having jurisdiction overthe Work The ritifeCt Manager Cr Consultant shall schedule the date and time for any inspection•and 47 notify the Contractor and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The Punch List shall be signed by the Project Manager and/or Consultant, and the Contractor confirming that the Punch List contains the item(s) necessary to complete the Work. The.failure or refusal of the Contractor to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Contractor from complying with the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City Where the Punch List is limited to minor omissions and defects, the Project Manager shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the Project Manager or Consultant determines, on the appropriate form that the Work is not substantially complete, the Project Manager or Consultant shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Contractor shall request another Substantial Completion inspection. The Project Manager or Consultant, and the Contractor shall agree on the time reasonably required to complete all remaining Work included in the Punch List. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the Project Manager or Consultant shall notify the Contractor in writing of the closeout of the Project. The City will prepare a Certificate of Substantial Completion in the form which shall establish the Date of Substantial Completion. Once substantial completion is achieved the City shall be responsible for security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective Work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Final Acceptance completion of the Work or designated portion thereof unless otherwise provided in the Contract Documents. 64. Acceptance and Final Payment Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Project Manager and/or Consultant shall, within ten (10) calendar days, make an inspection thereof. if Project Manager and/or Consultant 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 for Payment shall be issued by Project Manager, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. Before issuance of the Final Certificate for Payment, Contractor shall deliver to the Project Manager or Consultant a final release of all liens arising out of the Contract Documents, 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; operations and maintenance data, and the final bill of materials; -if required, .and payment :application.: Contractor • shall deliver the written -Contractors'':and all»_;Manufacturer's ;, warranties prior to issuance of the Final Certificate for Payment. 'If, after the -Work has been- substantially completed, full ,completion thereof is materially delayed through -no fault of Contractor, and Project Manager_or Consultant so - certifies,- City shall, upon —such certification of Consultant, and without terminating the Contract Documents, 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. 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 Contract and identified by Contractor as unsettled at the time of the application for final payment. 65. NDPES.Requirements Contractor shall comply with the State of Florida rules and regulations for the National Pollutant Discharge Elimination System (NPDES) including but not limited to all permitting, Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for NPDES and SWPPP shall be included in the Bid prices. For further information on compliance requirements for NPDES and SWPPP contact the City of Miami Public Works Department at (305) 416-1200 or visit the State of Florida website at http://www.dep.state.fl.us/water/stormwater/npdes/. Contractor is responsible for obtaining, completing and paying for any required NPDES application or permits that may be required. 66. Force Majeure Should any failure to perform on the part of Contractor be due to a condition of force majeure as that term is interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. If the Contractor is delayed in performing any obligation under the Contract Documents due to a force majeure condition, the Contractor shall request a time extension from the City within two (2) working days of said force majeure occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Contractor for extra compensation unless additional services are required. Do Not Include inclement weather except as permitted by Florida law and may not include the acts or omissions of Sub -contractors. 67. Extension of Time Any reference in this section to the Contractor shall be deemed to include suppliers, and permitted Sub -Contractors, whether or not in privities of contract with the Contractor for the purpose of this article. If the Contractor is delayed at any time during the progress of the Work beyond the Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by a Force Majeure, then the Contract Time set forth in the Contract shall be extended by the City subject to the following conditions: • The cause of the delay arises after issuance of the NTP and could not have been __anticipated by the Contractor by reasonable . investigation before proceeding with the Work; • The Contractor demonstrates that the completion of the Work will be actually and necessarily delayed; • The effect of such cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts and measures whether before or after the occurrence of the cause of delay. Note: A delay meeting all the conditions of the above, shall be deemed an Excusable Delay. . The :City. reserves the,right:to rescind... or shorten �,any..extension.:previiously,granted.,if.,.,; subsequently., -.-the .7.Project Manager determines that any information. provided by the. Contractor in support of a request for an extension of time was erroneous; provided _however, that such information or facts, if known, would have ,resulted in a denial of the - request for:an Excusable Delay.: Notwithstanding the above, the Project. Manager will not rescind or shorten any extension previously granted if the Contractor acted in reliance upon the granting of such extension and. such extension was based on information which, although later found to have been erroneous; wa`s`submitted in good faith by the Contractor 49 ::. The request for an Excusable Delay shall be made within ten (10) calendar days after the time when the Contractor knows or should have known of any cause for which it may claim an extension of time and shall provide any actual or potential basis for an extension of time, identifying such causes and describing, as -fully as practicable at that time, the nature and expected duration. of the delay andits effect on the completion of that part of the Work identified in the request. The Project Manager may require the Contractor to furnish such additional information or documentation, as the Project Manager shall reasonably deem necessary or helpful in considering the requested extension. The Contractor shall not be entitled to an extension of time unless the Contractor affirmatively demonstrates that it is entitled to such extension. The Project Manager shall endeavor to review and respond to the Contractor's request for Excusable Delays in a reasonable period of time; however, the Contractor shall be obligated to continue to perform the Work required regardless of whether the Project Manager has issued a decision or whether the Contractor agrees or disagrees with that decision. With regard to an injunction, strike or interference of public origin which may delay the Project, the Contractor shall promptly give the Project Manager a copy of the injunction or other orders and copies of the papers upon which the same shall have been granted. The City shall be afforded the right to intervene and become a party to any suit or proceeding in which any such injunction shall be obtained and move to dissolve the same or otherwise, as the City may deem proper. The permitting of the Contractor to proceed with the Work subsequent to the date specified in the Contract (as such date may have been extended by a change order), the making of any payment to the Contractor, the issuance of any Change Order, shall not waiver the City's rights under the Contract, including but not limited to the assessment of liquidated damages or declaring Contractor in default. 68. Notification of Claim Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the Project Manager and to Consultant within ten (10) business days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless the Project Manager or Consultant allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by the Project Manager or Consultant in accordance with Article 70, Contractor's Damages for Delay hereof, if City and Contractor cannot otherwise agree. It is expressly and specifically agreed that any and all claims for changes to the Contract time or Contract price shall be waived if not submitted in strict accordance with the requirements of this Article. The Contract time will be extended in an amount equal to time lost on critical Work items due to.delays beyondthe. control of and through no-fault cir negligence:.of Contractor.if a -. _claim_is made therefore_ as provided in this•Article = Such delays .shall -include; but not -be=•-.. limited to,.acts orneglect by any separate contractor employed byCity, fires,: floods, labor -disputes, epidemics, abnormal weather conditions or acts of God. • 69. Extension of Time not Cumulative In case the Contractor shall be delayed for any.period of time by•two or more of the causes . mentioned m Article 71, Excusable Delays, the Contractor. shall. not be entitled to _a separate„ 50 extension for each one of the causes; only one period of extension shall be granted for the delay. 70. Contractor's Damages for Delay No claim' for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City or its Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract Time for completion of the Work as the sole and exclusiveremedy for such resulting delay, in accordance with and to the extent specifically provided above. Except as may be otherwise specifically provided for in the Contract Documents, the Contractor agrees to make no claim for damages for delay of any kind in the performance of the Contract Documents whether occasioned by any act or omission of the City or any of its representatives (whether it is an Excusable Delay or otherwise) and the Contractor agrees that any such claim shall be compensated solely by an extension of time to complete performance of the Work. In this regard, the Contractor alone hereby specifically assumes the risk of such delays, including without limitation: delays in processing or approving shop drawings, samples or other submittals or the failure to render determinations, approvals, replies, inspections or tests of the Work, in a timely manner. Contractor shall not receive monetary compensation for City delay. Time extensions may be authorized, in writing, by the City in certain situations. 71. Excusable Delay, Non-Compensable Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the. City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant. Then Contractor shall be entitled only to a time extension and no compensation for the delay. Contractor is entitled to a time extension of the Contract time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 68, Notification of Claim, hereof. Failure of Contractor to comply with Article 68, Notification of Claim hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. 72. Lines and Grades The Contractor shall, at its own expense, establish all working and construction lines and grades as required from the Project control points set by the City, and shall be solely responsible for the accuracy thereof. Defective Work Project Manager or Consultant shall have the authority to reject or disapprove Work which Project Manager or _Consultant finds to be defective. If required by Project Manager or Consultant, Contractor shall promptly either correct all defective Work or remove such defective Work --and replace it with non -defective Work. . Contractor, shallbear all direct,. indirect and consequential. posts�of; such removal or, corrections including- cost oftestin, aboratones::and personnel 51 Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Project Manager or Consultant, City shall have the authority to cause the defective Work to be removed or corrected, or make such repair's as may be necessary - at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which' may become due to Contractor, or may be charged against the Performance Bond,. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. If, within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall ,be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. 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. 74. Acceptance of Defective or Non-Conforminq Work The City, in its sole discretion, may elect in writing to accept defective or non -conforming Work instead of requiring its removal and correction. In such instances, a Change Order will be issued to reflect an appropriate reduction in the Contract sum, or, if the amount is determined after final payment, any difference in the amount shall be paid to the City by the Contractor. 75. Uncovering Finished Work The Project Manager's, Inspector's and/or Consultant's right to make inspections shall include the right to order the Contractor to uncover or take down portions of finished Work. The Project Manager /or Consultant shall notify the Contractor in writing concerning all uncovered finished Work. Should the Work prove to be in accordance with the Contract Documents, the uncovering or taking down and the replacing and the restoration of the parts removed will be treated as Extra Work for the purpose of computing additional compensation and an extension of time. Should the Work examined prove unsatisfactory, such uncovering, taking down, replacing and restoration shall be at the expense of the Contractor. Such expenses shall also include repayment to the City for any and all expenses or costs incurred by it, including employee salaries or related cost, in connection with such uncovering, taking down, replacing and restoration at the Project site. 76. Correction of Work The Contractor shall promptly correct all Work rejected by the Project Manager or Consultant as defective or as failing to conform to the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed.:The .Contractor shall bear all cost of correcting .such rejected,Wo_ rk, . including the cost of the City's additional services thereby made necessary -The Contractor--further-agrees that after being notified inwriting by the Project Manager or - Consultant of any Work not in accordance withtherequirements of the Contract Documents - or any defects in the Work, the Contractor will commence and prosecute with due diligence all .Work necessary to fulfill the terms of the Contract and to complete the Work within a reasonable period of time, -as determined by the Project Manager or Consultant, and in the event of failure toso comply, the Contractor does hereby authorize the City, to, proceed to have such: Work`done at the Contractor's expenser'andthat the Contractor will pay the cost 52 thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety.of personnel, property, or licensees, the City may undertake, at the Contractor's expense,, without prior notice, all. Work necessary to correct such hazardous condition when it was caused by Work of the Contractor not being in accordance with the requirements of the Contract. If, within one (1) year after the date of final completion of the Project or within such longer period of time as may be prescribed by law, by the Contract Documents, or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do so. The City shall give such notice promptly after discovery of the condition. All such defective or non -conforming Work shall be removed from the site if necessary and the Work shall be corrected to comply with the Contract Documents without cost to the City. 77. Maintenance of Traffic and Public Streets Scope of Work The Contractor shall be responsible for the maintenance of public streets and traffic control necessary to perform the Work under the Contract Documents. The cost of traffic control shall be included in the Contractor's Bid. Regulations As used herein, any reference to Miami -Dade County, its departments, or its published regulations, permits and data, shall be synonymous and interchangeable with other recognized governing bodies over particular areas or streets, or their departments, published regulations (i.e., Manual of Uniform Traffic Control Devices (MUTCD), FDOT Roadway and Bridge Standard Index Drawing Book), permits or data. The Contractor shall abide by all applicable laws, regulations, and codes thereof pertaining to Maintenance of Traffic (MOT) on public streets, detour of traffic, traffic control and other provisions as may be required for this Project. Maintenance of Traffic (MOT) • The Contractor shall be fully responsible for the MOT on public streets, detour of traffic (including furnishing and maintaining regulatory and informative signs along the detour route), traffic control, and other provisions, throughout the Project, as required by the Manual of Uniform Traffic Control Devices (MUTCD), and FDOT Roadway and Bridge Standard Index drawing Book. Traffic shall be maintained according to corresponding typical traffic control details as outlined in the previous noted standards. No street shall be completely blocked, nor blocked more than one-half at any time, keeping the other one-half open for traffic, without specific approval. • If required by the Project Manager or Consultant, Traffic Division or FDOT or as otherwise authorized by the Project Manager or Consultant, the Contractor shall make arrangements for the employment_of uniformed off -duty policemen to maintain and regulate the flow of traffic through the work' area: -The number-of-nien required and the- number -of hours on duty necessary for the maintenance and; regulation of_, traffic flow shall be -provided by the City of Miami Police Department: O The Contractor shall provide all barricades with warning lights, necessary arrow _boards and signs, to warn motorists of the Work throughout the Project. Adequate approved devices shall be erected and maintained by the Contractor to detour traffic..: 53 o Excavated or other material stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. The Contractor shall provide necessary access to all adjacent property during construction. o The Contractor shall be responsible for the provision, installation and maintenance of all MOT and safety devices, in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and FDOT Roadway and Bridge Standards index drawing book. In addition, the Contractor shall be responsible for providing the Consultant with MOT plans for lane closures and/or detours for approval. These plans (sketches) shall be produced, signed and sealed by a professional Engineer registered in the State of Florida, employed by the Contractor and certified under FDOT Procedure NPIL No. 625-010-010. • Where excavations are to be made in the vicinity of signalized intersections, attention is directed to the fact that vehicle loop detectors may have been embedded in the pavement. Verify these locations by inspecting the site of the Work and by contacting the Sunshine State One -Call Center (1-800-432-4770), 48 hours prior to any excavation. Any loop detector which is damaged, whether shown on the Plans or not, shall be repaired or replaced to the satisfaction of the Miami Dade County Signs and Signal Division (Phone No. 305-592-3470). o Where applicable, the Contractor shall notify the Traffic Division 24 hours in advance of the construction date or 48 hours in advance of construction within any signalized intersection. • Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be routed over swale or median areas. When the temporary pavement for routing traffic is no longer necessary, it shall be removed and the swale or median areas restored to their previous condition. o Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. Maintenance of Traffic for Bypass Pumping • The Contractor shall take appropriate steps to ensure that all temporary, pumps, piping and hoses are protected from vehicular traffic and pedestrian traffic. Lane Closures o Where construction of the Project shall involve lane closures public streets, the following shall apply:. o Lane closures require a Lane Closure Permit, obtained two weeks prior to planned construction, with a minimum 48-hour prior notice to local police and emergency departments (some police jurisdictions may require considerably more notice). Lane closures of a one day or less duration will generally not be approved for major collector streets or for arterial streets during the hours of 7am to 9am and 4pm to 6pm weekdays. 78. Location and Damage to Existing Facilities, Equipment or Utilities As far -:as possible, all existing utility lines in the Project(s) area(s) will be shown on the .plans.:: -However, City does not guarantee that all lines. are shown, or that the ones indicated -are in their true location, It shall be the ,Contractor's responsibility to field verify :all ; underground and overhead utilityiines or' equipmentaffecting 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. The Contractor shall notify -each utility company involved at least fourteen (14) calendar ays„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 54 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 comp'any 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. The Contractor shall schedule the Work in such a manner that the Work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfiliing 79.., . Stop Work Order. The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the Work for a period of up to ninety (90) days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, and for any ,further period to which the parties may agree. Any such order shall be specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed the City shall either: • Cancel the Stop Work Order; or ■ Terminate the Work covered by such order as provided in Article 87, Termination for Convenience. If a Stop Work Order, issued under this Article is canceled or the period of the order or any extension thereof expires, the Contractor shall resume the Work without compensation to the Contractor for such suspension other than extending the time for Substantial Completion to the extent that, in the opinion of the Project Manger or Consultant, the Contractor may have been delayed by such suspension. In the event the Project Manger or Consultant determines that the suspension of Work was necessary due to Contractor's defective or incorrect Work, unsafe Work conditions caused by the Contractor or any other reason caused by Contractor's fault or omission, the Contractor shall not be entitled to an extension of time as a result of the issuance of a Stop Work Order. 80. Hurricane Preparedness During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning, 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 Project Manager or Consultant has given notice of same. Compliance -with any specific hurricane warning=or alert- precautions -will not -constitute additional work. Suspension i.sof -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. Use of Completed Portions._. 55 City shall have the right, in its sole option, to take possession of and use any completed or partially completed portions of the Project(s). Such possession and use shall not be deemed an acceptance or beneficial use or occupancy of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by Project Manager or Consultant. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: ▪ City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. ■ Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion from Project Manager or Consultant. ▪ -Upon Project Manager or Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area. ▪ Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by Project Manager or Consultant on the Certificate of Substantial Completion, as specified in the Punch List and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Project Manager or Consultant shall issue a Certificate of Final Payment relative to the occupied area. ▪ If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 82. Cleaning Up; City's Right to Clean Up Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of a Project(s), Contractor shall remove all its waste materials and rubbish from and about the Project(s) as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall 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 therefore as the Project Manager and/or Consultant shall determine to be just. All combustible waste materials shall be removed from the.Project(s) at.the,end.of each day. Cleaning operations should be controlled to limit dust and -other particles adhering to existing surfaces 83. Removal of Equipment in -case - of --termination ,of this Contract before completion for any cause whatsoever, 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. If the Contractor does not comply with City's order, the City shall have the right to remove such equipment and supplies at the expense of Contractor.`' 56 84. Set -offs, Withholdings, and Deductions The City may set-off, deduct or withhold from any payment due the Contractor, such sums as. may be specifically allowed in the Contract or by applicable law including, without limitation, the following: • Any amount of any claim by a third party; • Any Liquidated Damages, and/or; • Any unpaid legally enforceable debt owed by the Contractor to the City. The City shall notify the Contractor in writing of any such withholdings. Any withholding, which is ultimately held to have been wrongful, shall be paid to the Contractor in accordance with the Local Government Prompt Payment Act 85. Event of Default An event of default shall mean a breach of the Contract or by the Contractor. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include but not limited to, the following: • The Contractor has not performed the Work in a timely manner; • - :The Contractor has refused or failed, except in case for which an extension of time is provided, to supply properly skilled staff or provided sufficient quantities of staff to perform the Work; • The Contractor has failed to make prompt payment to subcontractors or suppliers for any services or materials they have provided; The Contractor has become insolvent or has assigned the proceeds received for the benefit of the Contractor's creditors, or the Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the Contractor's affairs have been put in the hands of a receiver; • The Contractor has failed to obtain the approval of the City where required by the Contract; • The Contractor has failed in the representation of any warranties stated herein; • When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the. Contractor's ability to perform the Work, the City shall notify the Contractor in writing that it must, within the time frame set forth in the City's request, provide adequate assurances and a plan of action to the City, in writing, of the Contractor's ability to perform in accordance with the terms of the Contract Documents: In the event that the Contractor fails to provide to the City the requested assurances within the prescribed time frame, the City may: o Treat such failure as a repudiation of the Contract and/or; o Resort to any remedy for breach provided herein or by law, including but not limited to, taking over the performance of the Work or any part thereof either by itself or through others. • In the event the City may, at its sole discretion terminate the Contract for default, the City or its designated representatives may immediately take possession of all applicable documentation and data. • Where the City erroneously terminates the Contract or for default, the terminations shall be converted' to _a Termination' for Convenience,and the :Contractor ;shall have:no further recourse of any nature: for wrongful"; termination Notice of Default -Opportunity to Cure In the.event that the City determines that the Contractor is in default of its obligations under the Contract; the. City may at its sole discretion riotify the'Contractor, specifying the basis for such default, and advising the Contractor that such default must be cured within a specified�ttime frame or the Contract with the City maybe terminated The City is_under no„^ bligation to= issue such notification: The City may grarif an extension to the cure period if 57 the City deems it appropriate and in the best interest of the City, without waiver of any of the City's rights hereunder. The City, at its sole discretion, may have a default corrected by its own forces or another contractor and any such costs incurred will be deducted from any sums due the Contractor.under any contract with the City. 87. Termination for Default . If Contractor fails to comply with any term or condition of the Contract Documents, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default hereunder which is not cured within the time specified to cure the default if one has been granted by the City, the Director in addition to all remedies available to it by law, may immediately, upon written notice to Contractor, terminate this Contract whereupon any advances for which Work has not been performed, paid by the City to Contractor while Contractor was in default shall be immediately returned to the City. The Director may also suspend any payment or part thereof or order a Work stoppage until such time as the issues concerning compliance are resolved. Contractor understands and agrees that termination of this Contract under this Article shall not release Contractor from any obligation accruing prior to the effective date of termination. A finding of default and subsequent termination for cause may include, without limitation, any of thefollowing Contractor fails to obtain the insurance or bonding herein required by the Contract. • Contractor fails to comply with any of its duties under the Contract Documents, with any terms or conditions set forth in this Contract, beyond any specified period allowed to cure such default. ® Contractor fails to commence the Work within the timeframes provided or contemplated herein, or fails to complete the Work in a timely manner as required by the Contract. If this Contract is terminated for default and the City has satisfied its obligations under the Contract Documents the City is granted by the Contractor full use of the Work and any Work Product in connection with the City's completion and occupancy of the Project. Where it has been determined that the Contractor has been erroneously terminated under this Article, such termination .shall be deemed to have been occurred under Article 87, Termination for Convenience. The City in its sole discretion may terminate the Contract without providing the Contractor a written notice to cure. 88. Remedies in the Event of Termination for Default If a_Termination for Default occurs, the Contractor and the bond provider, if applicable) shall be notified of the effective date of the termination and shall be liable for all damages resulting from the default, including but not limited to re -procurement costs and other direct damages The Contractor shall stop Work as of the date of notification of the termination and immediately remove all labor, equipment and materials (not owned or paid for by the City) from the Work Site. The City assumes no liability for the Contractor's failure to remove such items from the Project(s) site(s) as required. The,-_ Contractor. shall -also remain liable for -:any ;liabilities and claims . related to .the Contractor's default. As, an :alternative' to ::termination=, _ the City .may" bring` suit "'or: proceedings :.for specific' performance or for an injunction 89. Termination for Convenience In addition to cancellation or termination as otherwise provided for in the Contract, the City may. at any ;time; in its sole discretion,,with or. without cause,. terminate .._the Contract,b 5R written notice to the Contractor. Such Written Notice shall state the date upon which Contractor shall cease all Work under the Contract and vacate the Project(s) site(s). The Contractor shall, upon receipt of such notice, unless otherwise directed by the City: • Stop all Work on the Project(s) on the date specified in the notice ("the Effective Date"); • Take such action as may be necessary for the protection and preservation of the City's materials and property; • Cancel all cancelable orders for materials and equipment; • Assign to the City and deliver to the site, or any other location specified by the Project Manager, any non -cancelable orders for materials and equipment that can not otherwise be used except for Work under the Contract and have been specifically fabricated for the sole purpose of the Work and not incorporated in the Work; • Take no action that shall increasethe amounts payable by the City under the Contract Documents; and • Take reasonable measures to mitigate the City's liability under the Contract Documents. All charts, sketches,studies, drawings, reports and other documents including electronic documents, related to Work authorized under the Contract, whether finished or not, must be turned over to the City. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by Contractor until all documentation is delivered to the City. In the event that the City exercises its right to terminate the Contract pursuant to the Contract Documents, the City will pay the Contractor: • For the actual cost or the fair and reasonable value, whichever is less, of (1) the portion of the Project(s) completed in accordance with the Contract through the completion date, and (2) non -cancelable material(s) and equipment that is not of any use to the City except in the performance of the Contract, and has been specifically fabricated for the sole purpose of the Contract but not incorporated in the. Work; and • To the extent practical, the fair and reasonable value shall be based on the price established as a result of the Contract. In no event, shall any payments under this Paragraph exceed the maximum cost set forth in the Contract. • The amount due- hereunder may be offset by all payments made to the Contractor. • All payments pursuant to this Article shall be accepted by the Contractor in full satisfaction of all claims against the City arising out of the termination including, Further, the City may deduct or set off against any sums due and payable under this Article any claims it may have against the Contractor. Contractor shall not be entitled to lost profits, overhead or consequential damages as a result of a Termination for Convenience. • All payments made under the Contract are subject to audit Upon the City's payment in full of the amounts due the Contractor under this Article the -Contractor.. grants -the City full use of the Work and any Work Product to complete.the Project and subsequently occupy the Project. 90. Resolution of Disputes Contractor understands and.agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution m thefollowing manner,._ :. 59 The initial step shall be for the Contractor to notify the Project Manager in writing of the claim or dispute and submit a copy to the City of Miami personnel identified in Article 4, Notices. Should the Contractor and the Project Manager fail to resolve the dispute the Contractor shall submit their dispute in writing, with all supporting documentation, to the Assistant Director -Contracts, as identified in Article 4, Notices. Upon receipt of said notification the Assistant Director -Contracts shall review the issues relative to the claim or dispute and issue a written finding. Should the Contractor and the Assistant Director -Contracts fail to resolve the dispute the Contractor shall submit their dispute in writing within five (5) calendar days to the Director. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Upon receipt of said notification the Director shall review the issues relative to the claim or dispute and issue a written finding. Contractor must submitanyfurther appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Appeal to the City Manager for his/her resolution, is required prior to Contractor being entitled to seek judicial relief in_ connection therewith. Should the amount of compensation hereunder exceed $100,000, the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if applicable, or (ii) a period of sixty (60) days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) days has expired where City Manager's decision is subject to City Commission for approval; or (iii) City has waived compliance with the procedure set forth in this Article by written instrument(s) signed by the City Manager. In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within fourteen (14) calendar 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 or Contract time adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) calendar days after. Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting .to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 91. Mediation -Waiver of Jury Trial In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the -construction' of a Project(s), and/or :following the completion of the Project(s), '. 7-the-parties to this _Contract agree -all unresolved;..disputes. between:them;shaILbe submitted.:. to non -binding mediation_ prior to -the initiation of litigation unless otherwise agreed m -writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami Dade County, State,of Florida The parties . will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to - include such similar contract provisions with all Sub -Contractors retained for the. Work, thereby, providing for non binding . mediation as the... primarymechanism for dispute resolutions 60 In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Contract. 92. City May Avail Itself of All Remedies The City may avail 'itself of each and every remedy herein specifically given to it now or existing at law or in equity, and each and every such remedy shall be in addition to every other remedy so specifically given or otherwise so existing and may be exercised from time to time and as often and in such order as may be deemed expedient by the City. The exercise or the beginning of the exercise, of one remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy. The City's rights and remedies as set forth in the Contract Documents are not exclusive and are in addition to any other rights and remedies in law or in equity. 93. Permits, Licenses and Impact Fees All applicable permit fees, including those assessed by the City, are the responsibility of the Contractor. That includes also any other permit fees not directly related to the actual construction of the Project(s), including but not limited to, licenses, permits and fees, such as Permits for dumpsters, job trailers, etc., which may be required by Miami -Dade County, the State of Florida, or other governmental entities. Except as otherwise provided within the Contract Documents, 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 the Contract Documents shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project(s) for whom a Certificate of Competency is required. Impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the public entity as evidenced by an invoice or other acceptable documentation issued by the public entity. Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY (e.g. Building Department's Fees such as, Master Permit, Major Trades, Mechanical, Electrical, and Plumbing Fees; Public Works Fees, such as Line and Grade, Excavation, Dewatering and NPDES Fees, and Zoning Department's Fees) by virtue of this construction as part of the Contract shall be reimbursed to the Contractor by the City through an Allowance Account set for herein, evidenced by an invoice or other acceptable documentation issued by the public entity. Permit Fees reimbursement to Contractor shall be for the actual amount and in no event shall include profit or overhead of Contractor. Permit fees related the Contractor's operations (e.g. permits for dumpsters, job trailers, etc.) are not reimbursable. 94. Compliance with Applicable Laws The Contractor shall comply with the most recent editions and requirements of all applicable 'laws; regulations,- building and construction codes of the Federal government, the State of Florida, the County, and the City. z The attention Of the Contractor_is directed to the requirements 'of the Florida Building Code and the Codes of Miami -Dade County and the City of Miami, Florida, governing the qualifications for Contractor and Sub -Contractor doing business anywhere°in the City 95. Independent. Contractor 61 The Contractor is engagedas an independent business and agrees to perform Work as an independent contractor. In accordance with the status of an independent contractor, the Contractor covenants and agrees that the Contractor will conduct business in a manner consistent with that status, that the Contractor will not claim to be an officer or employee of the City for any right or privilege applicable to an officer or employee of the City, including, but not limited to: worker's compensation coverage; unemployment insurance benefits; social security coverage; retirement membership, or credit. The Contractor's staff shall not be employees of the City, and the Contractor alone shall be responsible for their Work, the direction thereof, and their compensation and benefits of any kind. Nothing in the Contract shall impose any liability or duty on the City on account of the Contractor's acts, omissions, liabilities or obligations of those of any person, firm, company, agency association, corporation, or organization engaged by the Contractor as a subcontractor, expert, consultant, independent contractors, specialist, trainee, employee, Servant or agent or for taxes of any nature, including, but not limited to: unemployment insurance; worker's compensation and anti -discrimination, or workplace legislation of any kind. The Contractor hereby agrees to indemnify and hold harmless the City against any such liabilities, even if they arise from actions directed or taken by the City. 96. Third Party Beneficiaries Neither Contractor nor City intends 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 intent to create any rights or obligations in any third person or entity under this Contract 97. Successors and Assigns The performance of this Contract shall not be transferred pledged, sold, delegated or assigned, in whole or in part, by the Contractor without the written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. Any transference without City approval shall be cause for the City to nullify this Contract. Any assignment without the City's consent shall be null and void. The Contractor shall have no recourse from such cancellation. The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an. assignment/ assumption agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Contractor and the City each binds one another, their partners, successors, legal representatives and authorized assigns to the other party of this Contract and to the partners, successors, legal representatives and assigns of such party in respect to all covenants of this Agreement. 98. Materiality and Waiver of Breach City and„Contractor agree that each requirement, duty, and obligation set forth in this. Contract Documents is substantial and important to the formation of the Contract Documents and, therefore, is a material term Hereof City's- failure=to enforce' any ,provision of the Contract Documents shall not be deemed a waiver of such provision :or modification of the Contract Documents. A waiver of any breach of :a provision of the Contract Documents shall not be 'deemed .-a waiver of any - subsequent breach and- shall not be construed to be a modification of the terms of the Contract Documents. everability 62 In the event the any provision of the Contract Documents is determined by.a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this Contract, and the remainder of the Contract Documents shall continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and.adversely affect the rights of either party, such party may. elect, at its option, to terminate the Contract in its entirety. An election to terminate the Contract based upon this provision shall be made within seven (7) calendar days after the finding by the court becomes final. 100. Applicable Law and Venue of Litigation This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. The parties waive any objections to venue. 101. Amendments 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 City Manager, Director or designee. 102. Entire Agreement The Contract Documents, as they may be amended from time to time, represent the entire and integrated Contract between the City and the Contractor and supersede all prior negotiations, representations or agreements, written or oral. This Contract may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of the Contract Documents shall not be deemed to be a waiver of any other breach of any provision of the Contract Documents. 103. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and. II 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. Contractor's decisions regarding the delivery of services under the Contract Documents 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. 104. Evaluation ContractarT acknowledges that upon coriipletion of the of the Work under the Contract (Documents- and/or at any. -other -time deemed.. appropriate:=bythe City a performances ,, :evaluation report will be completed by the City. A copy of each performance evaluation -,shall alsobe forwarded to the Contractor. The performance evaluations will be kept in City files for evaluation on future solicitations. 105. Commodities manufactured, grown, or produced in the City of Miami, Miami - Dade County and the State of Florida Whenever two or more competitive sealed bids are received, one or more of.which relates to commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida shall be given preference. 106. Royalties and Patents All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. 107. Continuation of the Work Any Work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the City and the involved contractor, continue until completion at the same prices, terms and conditions. 108. Review of Records City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project(s), and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to a Project(s) and to any claim for additional compensation made by Contractor including but not limited to all payroll records, invoices for materials, and books of accounts. Such records shall conform to Generally Accepted Accounting Principles requirements (GAAP), and shall only address those transactions related to the Contract. Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with such statute. Otherwise Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project(s) and to any claim for a period of five (5) years following Final Completion of the Project(s). The Contractor agrees to maintain an accounting system that provides for accounting records that are supported . with adequate documentation and adequate procedures for. determining allowable costs Contractors shall develop the proper forms and reports acceptable to the City for the administration and management of the Contract Documents. 109. No Interest Any monies not paid by City when claimed to be due to Contractor under the Contract Documents, including, but not limited to, any and all claims for damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of Section .218.74 4 ,Florida Statutes as -such _relates to the payment of interest shall apply to valid and proper invoices. 1 10. Payments Related to Guaranteed Obligations The -City_ may:withhold_from any payments to be made such sums as may reasonably be necessary to -ensure completion of the Projects) with respect to defective Work, equipment -.- or materials which may be identified by the Project Manager. The City may deduct from any payment due the Contractor an amount equal to its cost incurred on account of the Contractor's failure to fully perform its obligations under the Contract. The Project Manager, prior to withholding or deducting any monies hereunder, shall give the Contractor notice of the defective Work, .equipment or material and the basis for the withholding or deduction. Upon the Project Manager's determination that the Contractor has fulfilled its obligations, the City will pay the Contractor any monies owed, subject to Contractor's submission of, or compliance with, any remaining documentation or obligation, as the case may be, in accordance with the Contract Documents 111. Consent of City Required for Subletting or Assignment If the Contractor assigns, transfers, sublets or otherwise disposes of the Contract or its right, title or interest in or to the same or any part thereof without the previous consent in writing of the City, such action shall be an Event of Default. Nothing herein shall either restrict the right of the Contractor to assign monies due to, or to become due or be construed to hinder, prevent or affect any assignment by the Contractor for the benefit of its creditors, made pursuant to applicable. law. Equipment pre -purchased by Owner will be assigned to the awarded Contractor so that, once selected, that Contractor becomes (1) responsible for coordination of the installation and (2) the single construction and warranty period contact for the Project thereafter. Bidder agrees to accept, honor and acknowledge Owner's assignment of its obligations under the pre -purchase agreement. 112. Agreement Limiting Time in Which to Bring Action Against the City In the event the Contractor may be deemed to have a cause of action against the City, no action shall lie or be maintained by the Contractor against the City upon any claim arising out- of or based upon the Contract Documents by reason of any act or omission or requirement of the City or its agents, unless such action shall be commenced within six (6) months after the date of issuance of a final payment under the Contract, or if final payment has not been issued within six (6) months of substantial completion of the Work or upon any claim relating to monies required to be retained for any period after the issuance of the said certificate, unless such action is commenced within six (6) months after such monies become due and payable under the terms of the Contract Documents, or if the Contract is terminated or declared abandoned under the provisions of the Contract unless such action is commenced within six (6) months after the date of such termination or declaration of abandonment by the City. 113. Defense of Claims Should any claim be made or any legal action brought in any way relating hereto or to the Work hereunder, except as expressly provided herein, the Contractor shall diligently render to the City, after additional compensation is mutually agreed upon, any and all assistance which the City may require of the Contractor. 114. Contingency Clause Fundin for: g�. _this. Contract is: -contingent on the::.allocation, ;access;ibility;.and avaifabilityof ::;;: budgeted funds :intended ..and .set aside for.,. payment of this Contract and continued 'authorization for program-an'd project activities and'the`Contract is'subject to amendment or termination .due.to lackof funds, reduction of funds, or non -availability of funds and/or change in laws, :regulations, upon thirty (30) days written notice. Termination or amendment reducing the scope / costs of the Work, as applicable, may be exercised if here is lack of funding from any funding source, including third -parties who are responsible for providing certain:-. funding'. for., payment of this Agreement. Termination by the City 65 pursuant to this Section will be effectuated in the same manner and under the same provisions as Termination for Convenience under Section 89 of this Contract. Except as provided in Section 89 no party to this Contract shall have any other recourse against the City for a termination or amendment under this Section ofthe.Contract. . 115. Mutual Obligations This document, change order, field directive, and written clarifications issued under the Contract, and the Contractor's submittals, shall constitute the Contract Documents between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereto unless acknowledged in writing by their duly authorized representatives. Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any third party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control) to a party. In those situations where the Contract Documents imposes an indemnity obligation on the Contractor, the City, may at its expense, elect to participate in the defense of the claim if the City should so choose. Furthermore, the City may, at its own expense, defend or settle any such claim if the Contractor fails to diligently defend such claim,, and thereafter seek indemnity for such cost from the Contractor. 116. Contract Extension The City reserves the right to exercise its option to extend the Contract for up to ninety (90) calendar days beyond the original Contract period. In such event, the City will notify the Contractors in writing of such extensions. 117. Non -Exclusivity It is the intent of the City to enter into a Contract with all successful Bidders that will satisfy its needs as described herein. However, the City reserves the right, as deemed in its best interest, to perform, or cause to be performed, the Work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to: award of other contracts, use of any contractor, or perform the Work with its own employees. 118. Nature of the Agreement The Contractor shall provide the services set forth in the Contract Documents. The Contractor shall provide full and prompt cooperation with the City in all aspects of the Work to be performed. The Contractor acknowledges that the Contract Documents require the performance of all things necessary for or incidental to the effective management and performance of a Project(s). All things not expressly mentioned in the Contract Documents, but necessary to carrying out its intent are required by the Contract Documents, and the Contractor shall perform the same as though they were specifically mentioned, described and delineated. The Contractor shall furnish all labor, materials, tools, supplies and other items required for the completion of the Contract. All Work shall be accomplished at the direction of and to the satisfaction of the Project Manager. 66.. 119. Contract Documents Contains all Terms The Contract Documents and all documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of the Contract Documents shall be deemed to exist or to bind any of the parties hereto, or to vary any of the terms contained herein. 120. Attorney Fees Attorney's Fees Excepting the Contractor's duty to pay attorneys fees relative to the hold harmless/ indemnification provisions of this Contract each party shall bear their own respective attorney's fees in any civil actions between them concerning this Contract. 121. Survival The parties acknowledge that any of the obligations in the Contract Documents will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Contractor and the City under the Contract, which by nature would continue beyond the termination, _cancellation or expiration thereof, shall survive termination, cancellation or expiration thereof. _ Section 3 - Supplemental Terms and Conditions 1. Contract Time & Hours Contractor shall have 90 calendar days to achieve Substantial Completion of Base Bid A from the date of the Notice to Proceed is issued. Contractor shall have an additional 30 calendar days for Final Completion of the Contract. Contractor shall have 180 calendar days to achieve Substantial Completion of Base Bid B from the date of the Notice to Proceed is issued. Contractor shall have an additional 30 calendar days for Final Completion of the Contract. Work shall be performed Monday through Friday from 8:00am to 4:30pm and premium time work between 10:oopm and 6:00am when noted on the drawings . Premium time and any other Work to be performed outside of these times must be authorized (in writing) by the Project Manager and Hyatt Regency Miami 48 hours prior to the requested change. The Project Manager will notify the Contractor in writing of any changes in approved Work hours. 2. Progress Payments Contractor may make application for payment for Work completed during the Project(s) at intervals of not more than once a month or upon completion and Final Acceptance of the • Work. All applications shall be submitted in triplicate and the Contractor shall only use the City's Contractor Payment Application Form. Where the time frame for completion of the Work is less than or equal to one month or a Schedule of Values is not required, the Contractor shall submit the appropriate documentation as defined below. Supporting evidence to be included with any application for payment shall include, but is not limited to, an updated progress schedule as required by Article 5 of the Supplemental Terms and Conditions and a partial or final release of liens or consent of Surety relative to the Work, which is the subject of the application for payment and any other information required by the Project Manager or Consultant. Each application for payment shall be submitted in triplicate for approval. City shall make payment to Contractor within thirty (30) days after approval of Contractor's application for payment. Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Acceptance by the City. 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. City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: ■ Defective Work not remedied. • Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. ® Failure of Contractor to make payments properly to Subcontractors or for material or labor. ▪ Damage to another contractor not remedied. ▪ Liquidated damages and costs incurred by City and/or Consultant for extended construction administration. Failure of Contractor to provide any and all documents required by the Contract Documents. •'In -instances where _multiple _Project are . awarded -the-Contractor- shall. submit -:separate; Applications for Payment for each Project. When theabove grounds are: removed or resolved satisfactory to the Project Manager, payment shall be made. in whole or in part. 68..._-..:.. The City will pay, and the Contractor shall accept as full compensation for the Work, the -sums specified in the Contractor's submittal to the Contract Documents, as accepted by the City. Contractor may be paid for materials or equipment purchased and stored at the Project(s) Site(s) or another location. Where a payment request is made for materials or equipment not incorporated in the Project(s), but delivered and suitably stored at the site or at some other location agreed upon in writing, the written documentation must be submitted at the time of request for payment. Payment shall be conditioned upon submission by the Contractor of paid invoices and an executed Material Purchased/Stored On -Premises form to establish the City's title to such materials or equipment, or otherwise protect the City's interest, including applicable insurance in the name of City and transportation to the site. Contractor retains sole liability to replace such stored materials or equipment as a result of damage or loss for any reason 3. Liquidated Damages The Contractor is obligated and guarantees to complete the Project in the time set forth in the Contract Documents or any approved extension of time, if it fails to do so, the Contractor shall pay to the City liquidated damages. as follows. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Substantial Completion the Contractor shall pay to the City for each and every calendar day of unexcused delay, the sum of One Thousand One Hundred Forty Eight Dollars ($1148.00) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Final Completion the Contractor shall pay to the City for each and every calendar day of unexcused delay, the sum of Five Hundred Seventy Four Dollars ($574.00) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. The Contractor will be notified of any approved exceptions or extensions. The total amount of liquidated damages shall not exceed the value of the applicable Contract Documents. The City shall have the right to deduct liquidated damages assessments from any payment due or which may thereafter become due to the Contractor under any contract the Contractor has with the City. In case the amount, which may become due hereunder, shall be less than'the amount of liquidated damages due the City, the Contractor shall pay the difference upon demand by the City. Should the Contractor fail to compensate the City for any liquidated damages, the City shall consider this as a form of indebtedness and may deny any future Work under the Contract or any other City contract until such indebtedness is paid in full to the City. The City shall notify the Contractor that it is incurring liquidated damages. 4. Schedule of Values The Contractor must submit three copies of a Schedule of Values, which must be submitted within ten (10) calendar days of the issuance of the, Notice to Proceed. The Schedule of Values shall indicate a complete breakdown of labor and material of all categories of Work on the Project. Contractor's overhead and profit should be as separate line items. Each line item shall be identified with the number and title of the major specification section or major components of :the items. The Project Manager or .Consultant may, require. further._ -. breakdown after review of the Contractor's submittal The City reserves the right to require such-informationfrom the Contractor as may i?e necessary to determine the accuracy of the -_- -Schedule .of Values; The combined total value .for mobilization under_ the .Schedules .of. Values shall not exceed 5% of the value of the Contract. The_ approved schedule of .values- shall be *updated through the submittal of the City's Contractor Payment Application Form. Project'. Schedules 69 Contractor shall submit a proposed Project schedule as follows: • Schedule identifying all tasks within the critical path. The proposed Project schedule shall be submitted within ten (10) calendar days of the Notice of Award and such submittal shall be subject to the Project Manager and Consultant's review. Subsequent to such review of said schedule the Contractor shall establish said schedule as the baseline schedule. ■ All updates of schedules shall be tracked against the baseline schedule and shall be at a minimum submitted with each pay application. An updated schedule against the baseline shall also be submitted upon execution of each change order that impacts the Contract Documents Time for completion. Failure to submit such schedules shall result in the rejection of any submitted payment application. ▪ All Project Schedules shall be prepared in Microsoft Project 2003 or earlier unless otherwise approved by the Project Manager. At the time of submission of schedules Contractor shall submit a hard copy as well as an electronic version. Such electronic version shall not be submitted in pdf format and shall be capable of being incorporated in to the City's baseline schedules. • Subsequent to review of the initial schedule submission the Contractor shall establish the reviewed schedule as the "baseline schedule'. Contractor shall then prepare and submit all updates to the schedules utilizing the tracking mode within Microsoft Project. 6. Release of Liens/Subcontractor's Statement of Satisfaction The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an application for payment, whether incorporated in the Project(s) or not, will pass to the City upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances and that no Work, materials or equipment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project(s), subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall, beginning with the second request for payment, attach a Partial Release of Lien/Subcontractor's Statement of Satisfaction for each application for payment. Failure to submit such documentation may delay payments. The City may, in its sole discretion withhold payments for Work performed by Subcontractor where no release of lien has been submitted. The Contractor shall submit with the final payment request, for any Project(s) where subcontractors have performed-.- Work, a Final Release of Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as a final. Failure to submit such documentation will result in delay in payment or the City withholding from the final payment such funds as necessary to satisfy any Subcontractor claims. Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in lieu of the Release of Lien/Subcontractor's Statement of Satisfaction, submit Consent of Surety to Requisition Payment. Progress Meetings The City -shall_ conduct a pre -construction conference prior to the commencement of the Work: -,Contractor shall hold progress and coordination. meetings as required by the Project • Manager or -Engineer, to provide for the timely completion of the Work.: d Contractor shall -arrange and conduct regular bi-weekly job site Project status meetings with the -Project Manager and/or Consultant. Contractor shall use the job site..meetings as a tool for the pre -planning of Work and enforcing schedules, and for establishing procedures, responsibilities„ and identification of authority for all parties to__clearly understand During ese meetingsContractor shall identify the party or parties responsible for, following up on 70 any problems, delay items or questions, and Contractor shall note the action to be taken by such party or parties. Contractor shall revisit each pending item at each subsequent meeting until resolution is achieved. Contractor shall attempt to obtain from all present any potential problems or delaying event known to them for appropriate attention and resolution. Contractor shallberesponsiblefor keeping minutesof the meeting and distribution of the minutes to all parties in attendance. The Contractor shall arrange for the participation of its subcontractors and/or vendors when the Project Manager requires their presence. The Contractor shall maintain minutes of the meeting and distribute copies of the minutes to all parties in attendance. The Contractor shall prepare and distribute to Project Manager and the Consultant an updated two -week look -ahead schedule of construction activities and submittals. 8. Request for Information The Contractor shall submit a Request for Information (RFI) where the Contractor believes that the Contract Document's specifications or drawings are unclear or conflict. All requests must be submitted in a manner that clearly identifies the drawing and/or specification section where clarification or interpretation is being requested. As part of the RFI, Contractor shall include_ its recommendation for resolution. The Architect and City shall respond in writing. 9. Substitutions Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by the Project Manager or Consultant and if sufficient information is submitted by Contractor to allow the Project Manager or Consultant and to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by the Project Manager or Consultant from anyone other than Contractor. If the Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager or Consultant for acceptance thereof, certifying that the proposed substitute shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Work to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall` be` considered. by the Project: Manager or Consultant in :evaluating :the proposed substitute.., The: Project: Manager or Consultant may require the Contractor to furnish- at Contractor's expense additional data about the proposed 'substitute. If a specific means; method, technique, sequence or procedure. of construction is indicated in or required .by the --Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to the. Project Manager or Consultant, if the Contractor submits sufficient information to"allow the 71 Project Manager or Consultant to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager or Consultant shall be the same as those provided `herein for substitute materials and equipment. The Project Manager or Consultant shall be allowed a reasonable time within which to evaluate each proposed substitute. The Project Manager or Consultant shall be the sole judges of the acceptability of any substitute. No substitute shall be, ordered, installed or utilized without the Project Manager or Consultant prior written concurrence, which shall be evidenced by either a Change Order or an approved submittal. The Project Manager or Consultant may require the Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. If the City and the Engineer of Record rejects the proposed substitute, at their discretion, the City may require the Contractor to reimburse the City for the charges of the Consultant for evaluating the proposed substitute. Contractor shall maintain sole liability and responsibility for ensuring that all substitutions and any, required design of such are in full compliance with and meet all the requirements of the Contract Documents. 10. Project Site Facilities The Contractor shall arrange for all Project(s) site facilities as maybe necessary to enable the Project Manager or Consultant to perform their respective duties and to accommodate any representatives of the City which the City may choose to have present at the Project(s). Contractor's, Sub -Contractor's, supplier's, materialmen's personnel shall not use the City restrooms that may be available at the Project(s) site without the prior consent of the manager of the facility or the Project Manager where there is no manager of a facility. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements including Chapter 46 of the Building Code and regulations of the State of Florida Department of Health and Rehabilitative Services or Dade County Health Department. The Contractor, his employees or his Sub -Contractors shall commit no public nuisance or use any facilities that have not been specifically provided for use by the Contractor. The Contractor shall furnish an adequate supply of drinking water for its and its Sub - Contractors' employees. There shall be adequate provisions made by the Contractor to ensure all disposable materials are properly disposed of and do not create a nuisance to the City or the public.` The location of the temporary facilities shall be subject to the approval of the Project Manager or Consultant. Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and sanitary services to the site for new construction or additions to a facility. The Project Manager may authorize the use of existing utilities. Such decision will be made at the sole discretion of the Project Manager and the City. The Contractor shall be required to obtain all necessary permits required for any Project(s) site facilities. Contractor shall also Abe responsible to maintain such facilities in a safe and working condition. j4 , All _such_ facilities remain the. property of the ContractOr r-ind '..the—tOniradfOr'S-hall responsible for removal and disposal of such facilities priorto Final Acceptance 11. Project Laboratory Testing Services The. City shall provide and pay for all Project Laboratory Services to perform quality assurance and quality controll testing;:.except for those that may be required by regulatory- encies, which the Contractor shall be required_to proviyde and_pay . Contractor shall be 72 responsible for the costs associated with all retesting due to the product or Work failing a test: Costs for such retests shall be deducted from pending invoices. 12. Security The site where the Work is to be performed may not be a secure site and the public may have access to the site. The Contractor shall have sole responsibility for the security of all Work materials, tools, equipment and Work at the Project(s) site. The City shall not be liable for any damage or loss to such materials, tools, equipment and Work and the Contractor shall be responsible for the repair or replacement of all Work such materials, tools, and equipment. 13. Construction Signage Intentionally Omitted 14. Construction Photographs Contractor shall submit with each application for payment photographs that accurately reflect the progress of the Work. Contractor shall submit once copy of each photograph in print and digitally. The photographs shall be printed on 8"X10" high resolution glossy single weight color print paper. Each photograph will also reflect the date and time the picture was taken. 15. City Furnished Property Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc, when directed to by the Project Manager or Consultant and shall reinstall or provide to the City as directed. 16. Buy American Requirements The Work will be funded in part by the Energy Efficiency and Conservation Block Grant which is part of the federal American Recovery and Reinvestment Act of 2009 and must comply with the terms and conditions of that grant which are attached, marked as Exhibit A, including, but not limited to, the Buy American and Davis Bacon wage rate requirements. All iron steel; and manufactured goods, purchased directly with ARRA funds, must comply the Buy American requirements found in Section 1605 of the American Recovery and Reinvestment Act of 2009. Documentation must be provided certifying compliance with these requirements. More information can be found in the attached documented, marked Exhibit B, and at http://wwwl.eere.energy.gov/recovery/buy american provision.html. All work on this project for both the chiller and cooling tower must comply with Davis Bacon wage rate requirements found in Section 1606 of the American Recovery and Reinvestment Act of 2009. Documentation must be provided certifying compliance with these requirements including weekly certified payrolls for all covered employees. More information can be found in the attached documented, marked Exhibit C, and at http://wwwl.eere.energy.gov/wip/davis-bacon act.html. Contractor_agrees to comply with all provisions,_of Section 1605 of the American: Recover and Reinvestment Act of 2009. 17 Contractor Purchased Equipment for State or Local Ownership When a Contractor purchases equipment to adequately meet the construction engmeenng p (CE) requirements of a Federal -aid project, the equipment which is purchased by the. construction Contractor is not permitted to be transferred to the State or City for ownership. Contractor shall also not purchase equipment utilizing Project funds for use and ownership by the City or State. 18. .Report Jobs --Compliance with American Recovery and Reinvestment Act of 2009 This Contract is subject to the criteria and conditions of the American Recovery and Reinvestment Act of 2009. There will be federal reporting requirements, such as monthly reports on the number of jobs created and the number of jobs retained by the project for both the Contractor and Subcontractors, which the Contractor will have to satisfy. The Contractor is responsible for obtaining reporting requirements from the Florida Department of Transportation and shall provide the requested information as required. PLEASE SEE ATTACHMENT A FOR AMERICAN RECOVERY AND REINVESTMENT ACT of 2009 ("ARRA") SPECIAL TERMS AND CONDITIONS. 19. Publicly -Owned Equipment Publicly owned equipment should not normally compete with: privately owned equipment.on a project to be let to contract. There may be exceptional cases, however, in which the use of equipment of the State or local public agency for highway construction purposes may be warranted or justified. A proposal by any STD for the use of publicly owned equipment on such a project must be supported by a showing that it would clearly be cost effective to do so under the conditions peculiar to the individual project or locality. Where publicly owned equipment is to be made available in connection with construction work to be let to contract, Federal funds may participate in the cost of such work provided the following conditions are met: (1) The proposed use of such equipment is clearly set forth in the Plans, Specifications and Estimate (PS&E) submitted to the Division Administrator for approval. (2) The advertised specifications specify the items of publicly owned equipment available for use by the successful bidder, the rates to be charged, and the points of availability or delivery of the equipment; and (3) The advertised specifications include a notification that the successful bidder has the option either of renting part or all of such equipment from the State or local public agency or otherwise providing the equipment necessary for the performance of the Contract work. In the rental of publicly,owned equipment to Contractors, the State or local public agency shall not profit at the expense of Federal funds. Unforeseeable conditions may make it necessary to provide publicly owned equipment to the. Contractor at rental rates agreed to between the Contractor and the State or local public agency after the work has started. Any such arrangement shall not form the basis for any increase in the cost of the project on which Federal funds are to participate. When publicly owned equipment is used on projects constructed on a force account basis, costs may be determined by agreed unit prices or on an actual cost basis. When agreed unit prices are applied the equipment need not be itemized nor rental rates shown in the estimate. However, if such work is to he performed on an actual cost basis, the STD shall submit to the. Division Administrations for approval the schedule of rates proposed to be charged, exclusive of profit, for the publicly owned equipment made available for use. 20. ` _Public Agencies in Competition with the•Private':Sector -The City reserves the right, before awarding a Contract, to require a Bidder to summit - evidence of his/her qualification, as may be deemed necessary, and consider'any evidence available to it of the financial, technical and other qualifications and abilities of the bidder. The Contract will be awarded only to a Bidder fully qualified, to undertake the proposed irk All matenalt di services must meet all applicable Federal, State and Local specifications and permit requirements. In accordance with 23 CFR 635.112(e), no public agency shall be permitted to bid in competition or to enter into subcontracts with private contractors. 75 (Page lof 8) Section 4 - BID FORM Submitted: 12/9/2o1l City of Miami, Florida Office of the City Clerk City Hall, 1st Floor 3500 Pan American Drive Miami, Florida 33133-5504 Date 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 inthis bid or in the Contract to beentered 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 site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; 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 that it has submitted the required Bid Guaranty; 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 fumish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project(s) entitled: [TB No.: 11-12-008 B-40181 Title: Central Chilled Water Plant and Cooling Design The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total Bid price plus alternates, if any, and to fumish the required Certificate(s) of Insurance. The undersigned further agrees that the Bid guaranty accompanying the Bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. In the event of a discrepancy between the price Bid in figures and the price Bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total. 76 (antral C:hillorl Water Want and r.nnlinn Re.cinn BID FORM: (Page 2 of 8) Note: Bidders are bidding on a lump sum basis for the purpose of determining the lowest respons"ove and responsible bidder. Where there is a discrepancy between the numerical and written Bid amount, the written Bid amount will prevail. City FORM SU must be submitted with all Bids. Form SU can be found posted on the City of Miami's website. Our LUMP SUM BID includes the total cost for the Work specified in this solicitation, consisting of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required, in accordance with the Bid Specifications. Lump Sum: $ 3,649,000.00 1) Base Bid A 2) Base Bid B: Written Amount 1,715,000 (LUMP SUM) $ 1,934,000 (LUMP SUM) 3) Allowance for Permit Fees: + S31 500 TOTAL LUMP SUM BID AMOUNT: (Bid Items 1, 2 and3) (BID TOTAL) $ 3,680,500 Three Million, Six Hundred Eighty Thousand,Five Hundred Dollars Total Lump Surn Bid Written Amount rp..n-at r wafers Plxmt ,wi r.,aalan rlmcinn 77 11: BID FORM: (Page 3 of 8) DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS lit AND IV. Part II: Part l: Listed below are the dates of issue for each Addendum received in connection with this Bid: Addendum No. 1, Dated 11/14/2o2A Addendum No. 2, Dated 11 / 17 / 2 n, , Addendum No. 3, Dated „ / /2 r 11 Addendum No.4, Dated 11/18/2011 Addendum No.5, Dated 12/06/2011 No addendum was received in connection with this Bid. Part III; Certifications The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated requirements. 1. Affirmative Action Plan Successful bidder(s) shall establish an Affimiative Action Plan or an Affirmative Action Policy pursuant to Ordinance #10062 as amended. Effective date of implementation must be indicated on the policy: and 2. First Source Hiring Bidder certifies that it has read and understood the provisions of City of Miami Ordinance Section 18-110, pertaining to the implementation of a "First Source Hiring Agreement". Evaluation of bidder's responsiveness to Ordinance Section 18-110 may be a consideration in the award of a contract 3_ Non -Collusion Bidder certifies that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and 4. Drug Free Workplace The undersigned Bidder hereby certifies 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 Bidder's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; Establishing a continuing drug -free awareness program to inform its employees about: (i) The dangers of drug abusein the workplace; r`.Pntral r..fiitlori Wafer Plant and r.nnlinn flncw,n 78 BID FOEM: (Page 4 of 8) (ii)The Bidder's policy of maintaining a drug free workplace; (iii )Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving 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 the City 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; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs (1) through (6); and 5. Lobbying The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 79 r.ontral rhillorl Wator Plant and rl,nlinn nocinn BID FORM: (Page 5 of 8) (3)This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at'all tiers (including subcontracts, sub -grants, and contracts under grants, loans; and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not Tess than $10,000 and not more than $100,000 for each such failure; and * Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per QMB). 6. Debarment, Suspension and Other Responsibility Matters The Bidder certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder shall submit an _explanation to the City of Miami. Part IV; Certification — Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the Trench Safety 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 various items of the proposal and in the total Bid price are costs for complying with the Florida Trench Safety Act. These items are a breakout of the respective items involving trenching and will not be paid separately. They are not to be confused with bid items in the schedule of prices, nor be considered additional Work. r`.Pntral (`hiHAri Watsar Plant and Ciu,linn Ploclnn 80 BID FORM: (Page 6 of 8) ,The Bidder further identifies the costs and methods summarized below: Quantity Unit Description Unit Price Price Total $ Extended . Method Attached is a Bid Bond [X], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ] No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this Bid and certifies to the above stated in Part III and IV by signing and completing the spaces provided below. Firrn's Name: Kerney and Ass sates, Inc. Signature: /1 v x Printed Name/Title: Patrick Kerney President City/State/Zip: 4611 SW 28th Avenue Dania Beach, FL 33312 Telephone No.: (954) 987-7929 Facsimile No.: (954) 987-7922 E-Mail Addre_44: nat@kerneyandassociates.com Social Security No. or Federal Dun and I.D.No.: 650433429 Bradstreet No.: 825290534 (if applicable) If a partnership, names and addresses of partners: 81 ro., i rr,:uo.+ Wohar [Mary onri r,.,,li..., neaci,,n BED FORM: (Page 7 of 8) CERTIFICATE OF AUTHORITY (IF CORPORATION) 1 HEREBY CERTIFY that at a meeting of the Board of Directors of Kerney and Associates, Inc. , a corporation organized and existing under the laves of the State of Florida , held on the 4 day of February , 1993 , a resolution was duly passed and adopted authorizing (Name) Patrick Kerney as (Title) President of the corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation_ I further certify that said resolution remains in full force and effect. IN WITNESS WHEREQ, I have hereunto set my hand this ci , day of 'vdG 20 7/ . Secretary Print: /) N47-Pica / y CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of . Directors of , a partnership organized and existing under the laws of the State of , held on the _day of , a resolution was duly passed and adopted authorizing (Name) as (Title) of the to execute bids on behalf of the partnership and provides that his/her execution thereof, attested by a partner, shall be the official act and deed of the partnership. further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Partner. Print CERTIFICATE OF AUTHORITY IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Bid is authorized to sign Bid documents on behait of the joint venture. !T there is no joint venture agreement each member of the joint venture must sign the Bid and submit the appropriate Certificate of Authority (corporate, partnership, or individua!). CERTIFICATE OF AUTHORITY (IF INDMDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Bid to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Signed: Print: 82 C`.antral e.hi(lori Watar Plant anti C.nnlinn nacinn BID FORM: (Page 8 of 8) NOTARIZATION STATE OF de-L.,/ ) / ) SS: COUNTY OF �(/L�- ) eV' , The foregoing instrument was acknowledged before me this day of 20 I /, by f/�* , who is personally known to me or who has produced asridentification and who (did / did not) take an oath. „ rh SITURE OF -NOTARY PUBLIC ST�TE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC EULABETH KIRKLAND ? Noary Public - State of Florida 41 My Comm. Expires May 3, 2015 i> 9 ,;;, `' Commission €1F EE D0400 ('.antral (`.hillcxt Wator Pinnt and C ..rwdinn naeinn 83 BID BOND FORM (Page 1 of 3) State of . Florida County of Dade ) SS City of Miami KNOWN ALL PERSONS BY THESE PRESENTS, that Kerney & Associates. Inc. as Principal, Hartford Fire Insurance Company as Surety, are held and firmly bound unto The City of Miami, in the penal sum of Five percent of amount bid---- Dollars ($ —5%-- ) lawfui money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated December 9 2011 , for: Hyatt Regency Miami HVAC Upgrade -Chiller and Cooling Tower NOW THEREFORE: (c) If the principal shall not withdraw said bid within sixty (60) days after date of opening the same, and shall within ten (10) days after the prescribed forms are•presented to him for signature, enter into a written contract with the City, in accordance with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as may be required, for the faithful performance and proper fuifillment of such contract; or, (d) In the event if the withdrawal of said bid within the period specified, or the failure to enter into such contract and give such bond within the time specified, if the principal shall pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. 159 Bid No.: 00410. BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this 9th day of December , A. D., 2011 , the name and corporate seal of each party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership, Partnership, or Joint Venture, two (2) Witnesses are required. If Corporation, Secretary only will attest and affix seal.) By: By: PRINCIPAL: Kerney & Associates, Inc. (Name of Fir Affix Seal (Signer of authorized officer) (Tit ) 4811 S`WA8th Ave. (Business Address) Dania Beach FL 33312 City State Surety: Hartford Fire Insurance Compan (Corporate Surety) AS PER ATTACHED. POWER OF ATTORNEY Brett Rosenhaus Surety Zip Affix Seal (Signature of Authorized Officer) Attorney -in -Fact (Title) One Hartford Plaza Hartford (Business Address) CT 06155 City` Nielson,Rosenhaus & Associates (Name of Local Insurance Agency) 4000 South 57th Avenue, Suite 201 Address Lake Worth FL 33463 160 Bid No.: Telephone Number 00410. BID BOND FORM (Page 3 of 3) i CERTIFICATE AS TO CORPORATE PRINCIPAL I, I l ��(��� 12/J , certify that I am the Secretary of the Corporation named as. Principal in the within bond; that fW Uf.-> of said corporation; that I know his signature, and the signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body. (Corporate Seal) STATE OF FLORIDA ) COUNTY OFeencH. ) SS City OF LAKE WORTH ) Before me, a Notary Public duly commissioned, and qualified, personally appeared Brett Rosenhaus to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney -in -fact, for the Hartford Fire Insurance Company and that he/she has been authorized by Hartford Fire Insurance Company to execute the foregoing bond on behalf of the Contractor named therein in favor of The City of Miami, Florida. Subscribed and sworn to before me this 9th day of December A. D., 2011 INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions to Bidders 42.011;,Ji c' Notary Public, State of Florida at Large EliCommission Expires: °trY?o� Elizabeth Ta • __� R_• • COMMISSION#DD987439 nrrY EXPIRES: MAY 03, 2014 WWW.AARONNOTARYcom 161 Bid No.: POWhR OF ATTORNFW KNOW ALL PERSONS BY THESE PRESENTS THAT: Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 Agency Code: 21-229752 X X X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida - having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Brett Rosenhaus, Jason Katz of . Lake Worth, FL. their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary, Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Paul A. Bergenholtz, Assistant Secretary STATE O F C O N N E CTI CU T ss. Hartford COUNTY OF HARTFORD On this 1' day of February, 2004, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of•said corporations and that he signed his name thereto by like authority. M. Ross Fisher, Assistant Vice President CERTIFICATE Scott E. Paseka Notary Public My Commission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct • copy.of the Power of Attdmey executed by said Companies, which is still in full force effective as of December 9; 2011:': Signed and sealed at the City of Hartford. Gary W. Stumper, Assistant Vice President Project No. B- 40181 CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM SUBCONTRACTOR UTILIZATION Project Title: Hyatt Regency Chilled Water Plant & Cooling Tower Sheet No. 1 of 2 This Form must be submitted with a Bidder's Bid submission. Failure to submit this Exhibit with the Bid will result in the bid being rejected as non -responsive. The City in its sole discretion allow the Bidder to submit the Exhibit after Bids are due. Provide the following information for each subcontractor regardless of tier.* Attach additional sheets if necessary. Name of Business Portion of Work Dollar Amount Percent Address/City/State/Zip License Information** Business SBE Certification**** CSBE DBE Type Number Universal Electric Electrical $464,900.00 13 1540 NW 65th Ave State of Florida EC13002093 ♦ ♦ ♦ Plantation, FI Electrical Contr. ♦ MN NI Sheet Metal Experts Duct Work $130,700.00 04 8986 NW 105 Way State of Florida CSC037024 I♦ ♦ ♦ Medley, FI 33178 Sheet metal Contr MN NI NI Bramble Group Pipe Installation $846,400.00 23 15684 NE 10th Court State of Florida CFC1427991 CI ID MI North Miami Bch FL 33162 Plumbing Contr ♦ ♦ ♦ Deck Tight Roofing $43,000.00 02 6680NW 17th Ave State of Florida CCC050447 ♦ ♦ ♦ Fort Lauderdale FI Roofing Contr ♦ ♦ ♦ Parta Insulation Pipe/Duct Insulation $163,400.00 05 PO Box 22146 State of Florida ♦ ♦ ♦ Fort Lauderdale FI 33335 Specilty Contr ♦ ♦ ♦ Merchant Crane Hoisting $250,000.00 08 533 Bunker Road ♦ ♦ INI West Palm Bch, FI ♦ • • IN ♦ n * All tiers must be shown, including multiple sub -tiers, if permitted by the Contract Documents. **List only those relevant to this Project. *** Must be certified by either Miami -Dade County, State of Florida, or the Federal Government Form SU Project No. B- 40181 CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM SUBCONTRACTOR UTILIZATION Project Title: Hyatt Regency Chilled Water Plant and Cooling Tower Sheet No. 2 of 2 This Form must be submitted with a Bidder's Bid submission. Failure to submit this Exhibit with the Bid will result in the bid being rejected as non -responsive. The City in its sole discretion allow the Bidder to submit the Exhibit after Bids are due. Provide the following information for each subcontractor regardless of tier.* Attach additional sheets if necessary. Name of Business Portion of Work Dollar Amount Percent Address/City/State/Zip License Information'* Business SBE Certification"'*' CSBE DBE Type Number Engel Consruction Concrete / Steel $380,000.00 12 1523 SW 21st Ave Stae of Florida CGC015973 IN III III Fort Lauderdale FI 33312 NI NI IN Trane Commercial Systems Controls $168,200.00 06 2884 Corporate Way Ili M M Miramar FI 33025 NIII NI III GFS Consulting Test and Balance $24,200.00 01 10421 SW 64th Stret M NI NI f♦ INI III 1. IIII NI i♦ M _ II • 0 • • • 0 CI 0 MI IIIIII _ * At tiers must be shown, including. multiple sub -tiers, if permitted by the Contract Documents. "List only those relevant to this Project. "** Must be certified by either Miami -Dade County, State of Florida, or the Federal Government Form SU Local, Small, Disadvantaged and Minority/Women Business Enterprise Participation Project No.: B-40181 Title: Hyatt Regency Chill Water Plant & Cooling Tower Bidder/Contractor: Kerney and Associates, Inc. As previously stated in the Contract Documents, the City encourages the participation of local, small and minority owned businesses. Based on this ongoing effort the City requires that with the submission of the Bid, first payment requisition, and at the request of City representative, the Contractrr shall submit this report entitled. Failure to submit the report may delay the Issuance of payment to the Contractor. Contractor shall submit an updated report when a subcontractor has been added or changed. The following certified local, small, disadvantaged, minority or women owned firms have been awarded subcontracts for this Project The legend is to be used in completing the appropriate columns. Name of Firm (Bidder and Subcontractors) Bramble Group ❑ BBE Business Designation (check all that apply) El CSBE or SBE ❑ DBE ❑FteE ❑ Local ❑ BBE 0 MBE ❑ CSBE or SBE ❑WBE ❑ DBE ❑ None OHBE Certifying Agency (Agencies) List all applicable Miami -Dade Small Busines Development Q Local ❑ MBE ❑WBE ❑ None Value of Work Assigned/ Awarded $ 846,400 Percentage of Total Work or Contract 23% ❑ BBE 0 CSBE or SBE 0 DBE ❑HBE 0 Local ❑ MBE ❑WBE ❑ None $ ❑ BBE 0 CSBE or SBE ❑ DBE ❑HBE 0 Local ❑ MBE ❑WBE 0 None 0 BBE 0 CSBE or SBE ❑ DBE ❑HBF ❑ Local ❑ MBE QWBE 0 None $ ❑ BBE 0 CSBE or SBE 0 DBE DHBE 0 Local 0 MBE 0 WBE None LEGEND Types of Firm CertIfvino Entities Black- (African -American) owned Business Enterprise CM - City of Miami BBE — CSBE Community Small Business BC - Broward County — DBE Disadvantaged Business Enterprise FOOT — Florida Department of Transportation — HBE Hispanic Owned Business Enterprise FG — Federal Government — Local Local Firm (within City of Mami city limits) MD - Miami Dade County — MBE - Minority Business Enterprise ---- MDPS —Miami Dade Public Schools .. : None — no special designation _ Other — please identify SBE— Srnall Business Enterprise --- ,_::..:................ ...._ _. WBE Business Enterprise -.Woman-OHmed Hm 1 nre► =mu l4A1 I_ ATTACH THE NOTE: COPIES OF CERTIFICATIONS,wue1 BE,4FTiA C• LOCAL OFFICEAFFIDAVIT 96 Central Chilled Water Plant and Cooling Design ITB No.: 11-12-008 / B-40181 SUPPLEMENT TO BID FORM: QUESTIONNAIRE This Completed Form Must Be Submitted With The Bid, The City May, At its Sole Discretion, Require That The Bidder Submit Additional Information Not Included In The Submitted Form. Such Information Must Be Submitted Within Seven (7) Calendar Days Of The City's Request. Failure To Submit The Form Or Additional Information Upon Request By The City Shall Result In The Rejection Of The Bid As Non -Responsive. Additional Pages May Be Used Following The Same Format And Numbering. By submitting itsBid the Bidder certifies the truth and accuracy of all information contained herein. A. Business Information 1. How many years has your company been in business under its current name and ownership? 17 a. Professional Licenses/Certifications (include name and number)* Issuance Date State Mechanical CMC056790 6/9/2Q10 State General Contractor CGC058342 8/11/2010 State Plumbing CFC056849 6/4/2010 (*include active certifications of small or disadvantage business & name of certifying entity) b. Date company licensed by Dept. Of Professional Regulation: 3 /23 /1996 c. Qualified Business License: IYes ❑No If Yes, Date Issued: 3/15/2011 c. What is your primary business? Mechanical Retrofit (This answer should be specific. For example: paving, drainage, schools, interior renovations, etc.) d. Name of Qualifier, license number, and relationship to company: Deborah Gomez CGC058342 Managing Di rertnr e. Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to company and years as qualifier for the company N/A 2. Name and Licenses of any prior companies Name of Company License No. 3. Type of Company: ❑ Corporation D"S" CorporationDLLC0Sole ProprietorshippOther: (Corporations will be required to provide a copy of their corporate resolution prior to executing a contract) Issuance Date 87 Central Chilled Water Plant and Cooling Design ITB No.: 11-12-008 / B-40181 4. Company Ownership a. identify all owners of the company Name Title Patrick Kerney % of ownership President inns b. Is any owner identified above an owner in another company? 111 Yes ❑ No If yes, identify the name of the owner, other company names, and % ownership Patrick Kerney Green Team Pluutina 100 c. identify all individuals authorized to sign for the company, indicating the level of their authority (check applicable boxes and for other provide specific levels of authority) Name Title Signatory Authority James Rogers VP All Cost No -Cost Other ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ D ❑ ❑ ❑ ❑ ❑ ❑ 0 Explanation for Other: (Note: °All" refers to any type of document including but not limited to contracts, amendment, change proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. 'Cost' refers to CPRs, COs. No -cost refers to RFIs, Notices, and other similar documents) 5. Employee Information Total No. of Employees: 39 Number of ManageriaVAdmin. Employees: 9 Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) _L______Apprent ices .6..;:.` -Hat-,any oWrier oremployee"of the company ever been convicted of a federal'offense or moral turpitude: If yes, please explain: Central Chilled Water Plant and Cooling Design ITB No.: 11-12-008 / B-40181 88 NO 7. Insurance & Bond Information a. Insurance Carrier name & address: Furman Insurance 1314 E Atlantic Blvd Pompano Beach, FL 33060 b. Insurance Contact Name, telephone, & e-mail: Rob Foote (954) 609-0820 c. Insurance Experience Modification Rating (EMR): .89 Of no EMR rating, please explain why) d. Number of Insurance Claims paid out in last 5 years & value: 0 e. Bond Carrier name & address: Nielson, Rosenhaus & Associates 4000 S 57th Avenue Suite # 201 Lake Worth. FL 33463 f. Bond Carrier Contact Name, telephone, & e-mail: Brett Rosenhaus (561)432-5550 g. Number of Bond Claims paid out in last 5 years & value: 0 8. Have any claims lawsuits, been file against your company in the past 5 years, If yes, identify all where your company has either settle or an adverse judgment has been issued against your company. Identify the year basis for the claim or judgment & settlement unless the value of the settlement is covered by a written confidentiality agreement. NO 9. To the best of your knowledge is your company or any officers of your company currently under investigation by any law enforcement agency or public entity. If yes,. provide details: NO 10. Has your company been assessed liquidated damages or defaulted on a project in the past five (5) years? 0 Yes 0 No (If yes, provide an attachment that provides an explanation of the project and an explanation. Has your company been cited for any OSHA violations in the past five (5) years.. If yes, please provide an attachment including all details oneachcitation, 12: • Provide an attachment listing all of the equipment, with a value of $5,000 or greater, owned by your company. 89 Central Chilled Water Plant and Cooling Design iTB No.: 11-12-008 / 8-40181 Kerney & Associates, lace 320 SE 16th Avenue - Fort Lauderdale, Florida 33301 Phone (954) 987-7929 - Fax (954) 987-7922 Equipment List Over 5K 5000 LBS Forklift 1 Victalic Grooving Machines 2 One Ton Welding Trucks Fully Loaded 10. Pipe Freezing Machine 1 Pipe Threading Machines 3 Welding Machines 5 • B. • Project RRanagement-& Subcontract Details 1. Project Manager for this Project: a. Name: James Rogers b. Years with Company: 6 c. Licenses/Certifications: State Plumbing d. Last 3 projects with the company including role, scope of work, & value of project: Diplomat PM & Estimator, Installation of Boiler Plant Chill Mater pipping 2,500,000 Baptist Health PM & Estimator. Replace Chillers PHU units 1,700,000 UM Chilled Water PM & Estimator, Chilled Water Di,Gtrihntinn 1 SM fLl0 2. Subcontractors: Name Trade % of Work License No. Certification* Universal Electrical Services 10% EC130020923 Electrical Sheet Metal Experts 4% CSCO37024 Sheetmetal Bramble Group Plumbing 23% CFC142791 Plumbing Sparta Insulation 5% 165747-8 Specialty Merchant Transport Hoisting 8% N/A N/A ('active certifications of small or disadvantage business 1£ name of certifying entity) 3. Scope of actual construction work to be performed by your company and the corresponding percentage of the work: (This does not include such items as insurance • bonds, dumpsters, trailers, and other similar non -construction work items) Mechanical C. Current and Prior Experience: 1. Current Experience including projects currently under construction, recently awarded, or pending award (Provide an attachment to this questionnaire that lists all such projects, including the owner's name, title and value of project, scope of work, projected or actual start date, projected completion date, and number of company trades personnel assigned to the project) 2. Prior Projects of a similar size, scope and : Provide an attachment to this Questionnaire that includes projects the Proposer considers of a similar, size, scope and complexity that the -:City —should consider in determining :the Bidders ,.: responsiveness and responsibility: This attachment must include the project that meets the minimum number of projects identified by the bid solicitation. -Information :provided must Include 'the owner's name , address and contract person, including telephone & e-mail, title of -project, location of project, scope, initial value and final cost of the project, projected and final timeframes for completion in calendar days and the number of company trades "personnel; °by dassification, that were assigned to the project. The delivery method, 90 Central Chilled Water Plant and Cooling Design ITB No.: 11-12-008 / B-40181 including, but not limited to; design -build, CM©Risk, Design -Bid -Build, etc. is to be identified for each Project. If there is a difference between the initial and final cost or initial and actual timeframe provide details on why the differences exist. A reference letter is to be completed by the owner of the Project and submitted as part of the Bid submission. D. Bidder's References Bidder's are to include a minimum of five (5) references from projects listed in C.2 above. The attached form is to be used and is to be included with the Bid submission. The City, at its sole discretion may allow the Bidder to submit the references after the specified date for Bid submission. 91 Central Chilled Water Plant and Cooling Design ITB No.: 11-12-008 1 B-40181 Kerney & Associates, into 320 SE 16thAvenue - Fort Lauderdale, Florida 33301. Phone (954) 987-7929 - Fax (954) 987-7922 Current Projects Bascom Palmer Eye Institute Chilled Water Upgrade University of Miami Ron Bouge V.P. Facilities Service $850,000.00 Start Date: 11/1/2011 Completion Date: 5/1/2012 Install new 24" chilled water service to existing building from central energy plant. Kerney Personnel Committed: 4 Jackson Hospital North CEP Plant Upgrade Public Health Trust Michael Drenta Facilities Director $775,000.00 Start Date: 11/15/2011 Completion Date: 1/1/2012 Replace two 300 ton chillers and one 500 ton cooling tower including 6 new pumps. Kerney Personnel committed: 4 Convention Center Geothermal Project City of Miami Beach Sam Fitzwater AMERESCO $2,340,000.00 Start Date: 6/7/2011 Completion Date: 2/15/2012 Installation of complete geothermal well system to by-pass cooling towers in 4000 ton chiller plant. Kerney Personnel committed: 3 Jackson Hospital Boiler Plant Upgrade Public Health Trust Scott Evans the Trane Company $450,000.00 Start Date: 10/2/2011 Completion. Date:;.12/31/2011; Install -=two 1200 HP boilers to replace existing boilers and upgrade piping in the plant. Kerney Personnel committed: 8 Kerney & Associates, Inc. 320 SE 16tAvenue - Fort Lauderdale, Florida 33301 Phone (954) 987-7929 - Fax (954) 987-7922 Past Projects Jackson Hospital Cooling Towers Installation of eight 1000 Ton Cooling Towers 1611 NW 12th Avenue Miami, Fl 33136 Michael Drenta Director of Facilities Services drentam@jhsmiarni.org (786) 295-2721 Initial Cost $850,000 Final Cost $925,000.00 Price increase for additional piping and valves requested by the owner. Calendar days for completion: 112 Calendar days by contract: 240 Public Bid Plans and Specifications Pipefitters/Welders average number on project: 6 Mount Sinai Medical Center Chiller Plant Upgrade Replace existing 2500 ton chiller and reconfigure piping to primary/secondary system. 4300 Alton Road Miami, Fl 33140 Keith Liken Director of Facilities kliken@msmc.com . (561) 254-2604 Initial cost $1,250,000.00 Final Cost.$1,250,000.00 Calendar days for completion: 118 Calendar days by contract: 180 Negotiated Private Bid Plans & Specifications Pipefitters/Welders average number on project: 4 Westin Diplomat Resort Relocate existing boiler plant and replace 24" chilled water mains. guyd@gsdcontracting.com (954) 961-4222 3555 South Ocean Hollywood, F133022 Guy DeJohn President GSD Contracting Corporation Initial Cost: $2,400,000.00 Final Cost $2,520,000.00 Price -increase' was' for delays associated with a contaminated site and dewatering problems. Calendar days for completion 238 Calendar days by_contract;, 24 Private Bid Plans & Specifications Pipefitters/Welders. average number on project: 8 I Hemispheres Condominiums Replacement of chilled water outside and hallway pressurization air handling units and piping. 1980 S Ocean Drive Hallandale, Fl 33309 Joseph Tocci Chief Engineer (954) 445-0227 jtoccihemispheres @earthlink net Lnitial Cost $3,000,000.00 Final Cost $3,000,000.00 Calendar days for completion: 225 Calendar days by contract: 360 Negotiated Private Bid Plans & Specifications Pipefitters/Welders average number on project: 8 Broward Sherriff's Main Jail Generator Project Install a structural additional to existing jail facility and install three 1 Meg generators with electrical distribution. 555 Se 1st Avenue, Fort Lauderdale, Fl 33061 Michael Cahill Director of Facilities Services Broward Sheriffs Office. Michael Cahill (954) 275 8983 michael cahill@sheriff.org Initial Cost $2,000,000.00 Final Cost $2,433,000.00 Additional cost was incurred due to a complete structural revision which added stair and walls to the addition. Calendar days for completion: 155 Calendar days by contract: 180 Public Bid Plans and Specifications Carpenters average number on project: 6 To Whom Subje Name The above City of and following below Name Scope Value Was If no, If yes ettp of Sittamt ',.� ; Johnny Martinez, P.E. ;:' City Manager It May Concern t: Reference Letter of Bidder, referenced contractor is submitting on a bid solicitation that has been issued by the Miami. We require that the Bidder provide written references with their Bid submission by providing you with this document the Contractor is requesting that you provide the reference information. We would appreciate you providing the information requested as well as any other information your feel .is pertinent: 1 of Project A� �; ' of work: .A1u -6S-i- haul & is iy'ej- CL S t 5` Yi S C l ► R,tf i. } : 9 of project $ 1, QO0100 Q - ttb Date Completed: 2_0i ( project completed on time & within budget 2r Yes ❑ No was the contractor at fault or contribute to the delay(s) or increased cost? ■ Yes ❑ No please provide details: Comments:•j v-ey-r �i\ka G,rt c Cam` - 9 lkSS c 15 tin x C �- t t � u ai t d- uocX ytansL D c S 5 f-e-arta+ L 51 40 nocuL . Vexi (10-ti? elk '0XtniCut.0 -,,,. Lt..AN24-x. V.\-) ) ' — - Thank Name Signature* ,.....a.......... you for your assistance of indivi al completing in helping us in evaluati our bid solicitation. t, p is. form: t--O-�t T C(Q ` , Date: 1Eb [ID Title: t `V LSD T a CI -1_4t = L-.- 4 11- C_moio• 1 ..1-1ri krro 1 r t-^yrnt , !(orek kf)r..1 Sin eiy, Jeo nny.Rodriguez, P.E. Assi nt Director we-S Central hilted Water Rant and Cooling Design ITB No 11-12-008 1 B-40181 93 To W 5ubj Nam The City and folio belo Namil Scop Va[u Was If no, If yes ✓ (({k,r p .W ,. C bt f ' ` tarot ` . Johnny Martinez, P.E. .. , :: Cif: Manager om It May Concern t Reference Letter of Bidder: ove referenced contractor is submitting on a bid solicitation that has been issued by the Miami. We require that the Bidder provide written references with their Bid submission y providing you with this document the Contractor is requesting that you provide the ng reference information. We would appreciate you providing the information requested as well as any other information your fees is pertinent: of Project _.�' f of work: C7jir 1f`-v..;�.� Ffrr, ztF.&-' I';� f'a'1y: s +Ch3 � =' -� Date Completed: .I.� ' `r'r^#' GE'-" -.'(r f of project $ " l f No _ / roject completed on time & within budget -' Yes ❑ No was the cot iti actor at fault or contribute to the delay(s) or increased cost? ❑ Yes please provide details: Comments: � �F='7 t o 1'L 'f / ci. s h.' ! t"'-0 Acii-' "F,vb / �'- i tF� 6-/C:-74 .=' A?..' S -. - //, tJ .i t, f , E Ei3_. lr Than Nam Sign Tele Sinc Jeov R§sis Central IT8 No you for your assistance in helping us in evaluating bid solicitation. individual this fount it=.`de. (/ -e, Date: �°G f 'e` of completing ,� -r. ure: Jf -:- �' --%""_ Title: - f�'. z � '. r c� F ,- . one: - :-/ �-- f : *' 5' ' E-mail: !,?#‘/: -f . - , -7- _- = f; 9: ely, nny Rodriguez, P.E. ant Director fled Water Plant and Gaoling Design 11-12-008 /' .8-40181 Telepttone: Zi ' '2)4¢- Sincerely, JeovE nny Rodriguez, P.E. Mssis.ant Director Central Chilled water Plant and Cooling Design 1713 No. 11-12-O08 / 8-40181 Name of individ Signature:1.2 4 `%' \ Title: E-mail: nip of J' ``tatni Johnny Martinez, P.E. City Manager To Whom it May Concern Subjeot Reference Letter Name of Bidder The above referenced contractor is submitting on a bid solicitation that has been issued by the City ct Miami. We require that the Bidder provide written references with their Bid submission and ty providing you with this document the Contractor is requesting that you provide the foliovrrng reference information. We vuouid appreciate you providing tie information requested below as well as any other information your feel Is pertinent Name of Project: Stop of work: r 1) \ t )tv C h \ 1(-br C i)-)C-n Valu4 of project: $ z , C Date feted: PD111 Was project completed on time & within budget [ Yes ❑ No if no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No if yes please provide details: ett `-i } -) (h t 1_1 _L 4-t li 0 Comments: c'e. t I i C4e.1.1('.r r f ,11/ i()19 biaLLEIlhie rtt t 4 i (-IL{r lr nn L)L- i- I O (y L.1 Thank you for your assistance in helping us in evaluating our bid sok:Ration ting�yttis farm: i t Date: t. -1 t I I (31 trylc L 93 To Whom Subject: Name The above City of and by following below Name Scope Value Was If no, If yes aitp of ffitanti !� "`1 Johnny Martinez, P.E. Mana er h' Manager It May Concern Reference Letter of Bidder: referenced contractor is submitting on a bid solicitation that has been issued by the Miami. We require that the Bidder provide written references with their Bid submission providing you with this document the Contractor is requesting that you provide the reference information. We would appreciate you providing the information requested as well as any other information your feel is pertinent: of Project: /7 d N / fir` g// L�{� f%i,.� 4 4rp/ox= / 2F df ` / 1/ of work: c�� /' Date Completed: /62/-5—( I/ of project: $ i project completed on time & within budget: Iii-j/ Yes ❑ No was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No . please provide details: % �J (")Q 7,D,�/0% "��v/fe ''s1 �: Comments: f /. 1 ,24,,,- k/ Y. �i--s ffi-fly frift, / AI ' 9 )r'7 4 ,r--- 4:__- 4 7iC✓rt e.� 4 L f� `` ' / Thank Name Signature: Telephone: Sincerely, Jeove Assis Central ITB No. () if 6 you for your assistance in ifelping us in 4valuating our id solicitation. / this form: h-,/,`� %w / Date: /2/7 f !/ of individual completing tt—, Title: //,`r! U ." 1/hee`'°� - p%2 2 E-mail: i`o-,. 7 / 41,/,'? 4 4 7 € /7 e / .3--i- nny Rodriguez, P.E. :ant Director Sr.: Chilled Water Plant and Cooling Design 11-12-008 / B-40181 City of Mutt Johnny Martinez, P.E. City Manager To Whom It May Concern Subjet: Reference Letter Name of Bidder: The above referenced contractor is submitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder provide written references with their Bid submission and t y providing you with this document the Contractor is requesting that you provide the folloWng reference information. We would appreciate you providing the Information requested below as well as any other information your feel is pertinent: Name of Project: Scope of work: Value of project: $ 1.3 iY% crtzltt, kJ( N'cH c Date Completed: 20&8 - am 1 Was •roject completed on time & within budget: ® Yes ❑ No If no, as the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No If yes please provide details: %1hA aw` ✓4 P �'� �♦ valwia VE ,w-ete41-/nae Signature: , Telephone: -/, - (i & /t Sincerely, Jeovanny Rodriguez, P.E. Assis :ant Director T • - n you for your assistance in he ing us in evaluating ouubid solicitation. Name of indivi al om le in this rm: /�fON74 4. /k6CI' ! .. Date: e 93 Central Chilled Water Plant and Cooling Design ITB No 11-12-008 t B-40181 CITY OF MIAMI Capital Improvements Program BID NO.: 11-12-008 Central Chilled Water Plant and Cooling Design CIP PROJECT NO.: B-40181 ADDENDUM NO. 1 November 14, 2011 TO: ALL PROSPECTIVE BIDDERS: The following changes, revisions, additions, clarifications, and deletions amend the above -captioned Bid/Contract documents, and shall become an integral part of the Invitation to Bid responses and the subsequent Contract. Please note the contents herein and affix same to the documents you have on hand. PRE -BID CONFERENCE REQUIREMENT: Failure to attend the mandatory pre -bid conference and site visit on November 17, 2011 at 2:00 p.m., will disqualify a prospective Bidder from being considered eligible for this award. The dates listed below are considered additional dates available to prospective Bidders for site visit assessments: November 21, 201 1 Sam-12 noon November 2S, 201 1 Sam-12 noon November 30, 201 1 8 am-12 noon his z Jeovanf • • o riguez, ' - , Assistant Director Capital m' ►vement• •gram This Addendum should be signed and dated by the Bidder and submitted as proof of receipt with the submission of bids. The Bidder by identifying the Addendum number in their Bid proposal and by signing and submission of their bid shall serve as proof of receipt of this Addendum. NAME OF FIRM: SIGNATURE: DATE: Central Chilled Water Plant and Cooling Tower Design Addendum No. 1 ITB No. 11-12-008 CITY OF MIAMI Capital Improvements Program BID NO.: 11-12-008 Central Chilled Water Plant and Cooling Design CIP PROJECT NO.: B-40181 ADDENDUM NO. 2 November 17, 2011 TO: ALL PROSPECTIVE BIDDERS: The following changes, revisions, additions, clarifications, and deletions amend the above -captioned Bid/Contract documents, and shall become an integral part of the Invitation to Bid responses and the subsequent Contract. Please note the contents herein and affix same to the documents you have on hand. REVISIONS TO THE INSURANCE REQUIREMENTS: INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE- REPLACEMENT OF CHILLERS AND COOLING TOWERS AT HYATT REGENCY MIAMI I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence SI,000.000 General Aggregate Limit S2,000.000 Products/Completed Operations S 1,000,000 Personal and Advertising Injury S 1,000,000 B. Endorsements Required . City of Miami and Hyatt Corporation, as agent of Hyatt Equities. LLC. a Delaware Limited Company, d/b/a Hyatt Regency Miami listed as an additional insured with respect to their interest in written contract Contingent Liability & Contractual Liability Premises/Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement li. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage:Liability • Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Auto Any One Accident S 1,000,000 Endorsements Required Central Chilled Water Plant and Cooling Tower Design Addendum No. 2 ITB No. 11-12-008 City of Miami & Hyatt Corporation, as agent of Hyatt Equities, LLC, a Delaware Limited Company, d/b/ia Hvan Regency Miami listed as an additional insured with respect to their interest in written contract. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability S I,000.000 for bodily injury caused by an accident. each accident. S 1,000,000 for bodily injury caused by disease. each employee S 1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Policy (Excess Follow Form) A. Limits of Liability Bodily injury and Property Damage Liability Each Occurrence S 3.000,000 Aggregate S 3,000,000 City of Miami and the Hyatt Corporation, as agent of Hyatt Equities.. LLC a Delaware limited Company. d/bla Hyatt Regency Miami listed as an additional insured with respect to their interests in written contract. V. Owners & Contractor's Protective Each Occurrence • General Aggregate S 1,000,000 S 1,000.000 City of Miami and the Hyatt Corporation. as agent of Hyatt Equities. LLC.. a Delaware Limited Company, d/b/ai Hyatt Regency Miami listed as named insured. • VI. Payment and Performance Bond (if applicable) S TBD City of Miami and Hyatt Corporation, as agent of Hyatt Equities. LLC, a Delaware Limited Company, d/b/a Hyatt Regency Miami listed as obliges. VIi. installation Floater/Equipment Floater Special Form- RC Valuation/S2,500 Deductible City of Miami included as loss payee S TBA The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer hi accordance to policy provisions. 'Conipanres, authorized 'to do business in the= State of Florida `with the following qualificatio_ ns shall rssue.,all insurance policies required above: The company' niust be 'rated no less than"A-" as to management, and' no less than "Class V" as to Financial Strength, by the latest edition'of Best's Insurance Guide, published by A.Jyt._Best Company, Oldwick.N'ew Jersey, or, its equivalent. All policies 'and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Central Chilled Water Plant and Cooling Tower Design 4rrrianrium tin 9 ITR Air, 1 o_nnO2 Jeovanny Rodriguez, P.E., Assistant Director Capital Improvements Program This Addendum should be signed and dated by the Bidder and submitted as proof of receipt with the submission of bids. The Bidder by identifying the Addendum number in their Bid proposal and by signing and submission of their bid shall serve as proof of receipt of this Addendum. NAME OF FIRM: SIGNATURE: DATE: Central Chilled Water Plant and Cooling Tower Design . . _ F * mutt min u u C R,O 'CITY OF MIAMI Capital Improvements Program BID NO.: 11-12-008 Central Chilled Water Plant and Cooling Design CIP PROJECT NO.: B-40181 ADDENDUM NO. 3 November 18, 2011 TO: ALL PROSPECTIVE BIDDERS: The following changes, revisions, additions, clarifications, and deletions amend the above -captioned Bid/Contract documents, and shall become an integral part of the Invitation to Bid responses and the subsequent Contract. Please note the contents herein and affix same to the documents you have on hand. Please delete Article 6, Indemnification, Section 2 — General Terms and Conditions, and replace with the following revised language: REVISIONS TO THE INDEMNIFICATION CLAUSE: Contractor shall indemnify hold harmless and defend the City and/or Hyatt Equities and its officials, shareholders, agents, directors, employees and affiliates from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's 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 Contract, Contractor's failure to comply with any applicable laws, codes, rules or regulations applicable to the performance of this work and the contract documents, and will indemnify, hold harmless and defend the City and/or Hyatt Equities and its officials, shareholders, agents, directors, employees and affiliates against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, inclusive of the chiller plant and cooling tower, even if it is alleged that the City and/or Hyatt Equities and its officials, shareholders, agents, directors, employees and affiliates were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against the City and/or Hyatt Equities and its officials, shareholders, agents, directors, employees and affiliates by reason of any such claim or demand, Contractor shall, upon written notice from the City and/or the Hyatt, resist and defend such action or proceeding by counsel satisfactory --to the City. The Contractor expressly understands and agrees that any insurance protection -required by this Contract or otherwise provided by Contractor shall in no: way limit the 'responsibility -to indemnify,"keep"-and- save harmless and defend the City and/or its officers, employees, agents and instrumentalities and/or Hyatt Equities and its officials, shareholders, agents, directors, employees and affiliates herein provided. The inderrtnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental orbankruptcy proceeding, or to provide for such defense, at City's or Hyatt's Central Chilled Water Plant and Cooling Tower Design Addendum No. 3 ITB No. 11-12-008 option, as applicable, any and all claims of liability and all suits and actions of every name and description which may be brought against the City and/or Hyatt Equities and its officials, shareholders, agents, directors, employees and affiliates whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes, as amended from time to time, and as may be applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City and/or Hyatt Equities and its officials, shareholders, agents, directors, employees and affiliates. The Contractor agrees and recognizes that the City and/or Hyatt Equities and its officials, shareholders, agents, directors, employees and affiliates, shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City and/or City and/or Hyatt Equities and its officials, shareholders, agents, directors, employees and affiliates, participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City and/or Hyatt Equities and its officials, shareholders, agents, directors, employees and affiliates, in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. Ten dollars (610) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the voluntary and informed receipt and sufficiency of which is acknowledged by the Contractor. LI r Jeovanny Rodriguez, P.E., Assistant Director Capital Improvements Program This Addendum should be signed and dated by the Bidder and submitted as proof of receipt with the submission of bids. The Bidder by identifying the Addendum number in. their Bid proposal and by signing and submission of their bid shall serve as proof of receipt of this Addendum. NAME OF FIRM: SIGNATURE: DATE: Central Chilled Water Plant and Cooling Tower Design ITS Al.. 11 1,1 nno i CITY OF MIAMI Capital Improvements Program BID NO.: 11-12-008 Central Chilled Water Plant and Cooling Design CIP PROJECT NO.: B-40181 ADDENDUM NO. 4 November 18, 2011 Invoices for Payments The awarded Contractor vwill be required to submit ALL invoices separately for Base Bid A components • (Chiller Plant installation and all work related thereto) and Base Bid B components (Cooling Tower installation and all work related thereto). Each and every payment requisition will be independent of each component of work for Base Bid A and Base Bid B. Important Replacements: Included in this Addendum are documents that will replace the referenced documents issued with this solicitation: Please replace Exhibit 1 — Pre -Purchase Chiller Submittal found in the Exhibit and Technical Specs Part I pdf with M-01 Centrifugal Chillers pdf. Pre -bid Meeting Minutes: 1. Al Butkus introduced Grumman/Butkus Associates (G/BA) as the mechanical and plumbing engineer and Building Consultants, Inc. as the structural engineer for the project. 2. The chillers are prepurchased by the City of Miami (chillers C-1, C-2, and C-3); Jose Perez is the Trane contact (cell phone: 786-255-1169). The cooling tower was prepurchased by Hyatt Hotels; the Evapco contact is Kurt Bullock (847-434-120Q). This equipment will be assigned to the successful bidder. 3: • There are two base bids for the project. Base Bid Ais aenerally'for the chiller plant end Base'Bid B is generally for the cooling tower. The drawings are largely separated between Base Bid A and Base'Bid.B; however, there is the occasional note cross-referencing Base Bid A or B. -,The contractorswereencouraged to entirely read the specifications and drawings to learn all the project requirements. Central Chilled Water Plant and Cooling Tower Design nAin A ..... ITR KIn 11 _1'J_nno • .<vovV. opal 0 RHO 5. All domestic water and secondary chilled water hydronics shall be rated at 250 psig. 6. Nalco or Ecolab are the only two acceptable vendors for chemical treatment. 7. All piping in the plant shall be on springs. 8. No grooved piping, except on the roof (see future addenda). 9. BTU metering shall remain as -is, except there is an intent to read the flow signal through the EMS and the sensor(s) must be relocated due to piping changes. 10. For all sections that so indicate, specification section 01400, 1.4 requires that the manufacturer or vendor visit the site to confirm that the product has been correctly installed and applied. 11. All control items made obsolete by this work must be removed. 12. All motors provided on the project must be premium efficiency motors with a 5-year warranty. 13. If you purchase a variable speed drive for the project, purchase a card that interfaces with the EMS. 14. Read the specification regarding extra parts and stock, especially with respect to pumps. 15. In the existing chiller room, the doors are to be changed to swing out and be provided with self- closers. 16. The domestic water storage tank will be drained for the hotel to inspect the lining. 17. Provide piping and sheet metal shop drawings as well as equipment shop drawings for the project. 18. Please see the detail on the drawings regarding temporary heat rejection for the kitchen refrigeration loop. Please coordinate with Phil.Hymanson on this work. 19. Install filter separator piping at the bottom of the pipe. 20. Please observe the dock regarding clearances, types of trucks that will fit, etc. Additional Information: 1. PARKING: Parking will be made available to all contractors daily based on the Hyatt Hotel and JLK .Center business needs. LOADIiNG DOCK: The loading dock must be kept clean and free of all construction materials. Any loading and offloading must be coordinated with the Hyatt Hotel and JLK Center. 3. ENTRANCE: All contractors are required to enter and exit the_Hvatt Regency Hotel and JLK Center thru the loading dock. 4. :SECURITY: All contractors are required to register with Hyatt Hotel Security before entering and exiting the Hyatt Hotel -or JLK Center. UNIFORMS AND BADGES: A11 contractors are required to wear logoed company uniforms with Hyatt Hotel's Contractor badge while working in the Hyatt Hotel or JLK Center. Central Chilled Water Plant and Cooling Tower Design ITS AI.. n nnn U-' OFd• . 72 * unu umi * II II 0 R,O 6. WORK HOURS: Working hours are set forth in the contract. Any changes must be submitted to Hyatt Hotel and JLK Center 48 hours prior to changes. 7. ELEVATORS: All contractors are required to use Hyatt Hotel service elevators. At no time should contractor impede or disrupt the daily operation of the Hyatt Hotel or JLK Center by means of the elevators. 8. BATHROOMS: All contractors are required to use Hyatt Hotel Employee Bathrooms located on the Terrace level of the Hyatt Hotel. 9. CAFETERIA: All daily registered contractors will be granted access to the Hyatt Hotel Employee cafeteria for lunch. 10. PUBLIC AREAS OF Hyatt Hotel and JLK CENTER: All public areas are off limits to all contractors without permission. Access to public areas must be submitted to Hyatt Hotel and JLK Center 48 hours prior to access of public areas. 11. STORAGE: Storage is limited and should not impede or disrupt the operation of the Hyatt Hotel or JLK Center. Storage areas must be approved by Hyatt Hotel and JLK Center prior to use. 12. DISRUPTION OF BUSINESS: Any construction related events -that would cause disruption to the Hyatt Hotel or JLK Center must be submitted to Hyatt Hotel and JLK Center 48 hours prior to the event and coordinated with the Hyatt Hotel and JLK Center. 13. CLEANING AND COVERING OF HYATT HOTEL AND JLK CENTER SURFACES: All back of house and public area surfaces, finished and non -finished, which will be used as means of egress or storage will be properly covered and cleaned daily. Requests for Information Q1. Can you confirm that the additional site visit dates will satisfy the mandatory pre -bid meeting requirements? Al. A prospective bidder can visit the site during the additional dates and times listed however, the prospective bidder is required to have attende4 the pre -bid conference on November 17, 2011 at 2:00 p.m. Jeovanny Rodriguez, P.E.. Assistant Director Capital Improvements Program -.. -This Addendum should be signed and dated by the Bidder and submitted as proof of receipt with_ the submission of bids The. = Bidder -by -identifying the'Addendum number in Their Bid proposal and bysigning and -submission of theirbidshall serve as proof of receipt of this Addendum. NAME OF FIRM: ff(7Z 6(7-45s0'c(-1-;k7S SIGNATURE: DATE: Central Chilled Water Plant and Cooling Tower Design CITY OF MIAMI Capital Improvements Program BID NO.: 11-12-008 Central Chilled Water Plant and Cooling Design CIF PROJECT NO.: B-40181 ADDENDUM NO. 5 December 6, 2011 TO: ALL PROSPECTIVE BIDDERS: The following changes, revisions, additions, clarifications, and deletions amend the above -captioned Bid/Contract documents, and shall become an integral part of the Invitation to Bid responses and the subsequent Contract. Please note the contents herein and affix same to the documents you have on hand. 1. Requests for Information Q1. Will the freight elevator be available for use? If so. are there any restrictions? Al. Hyatt Hotel service elevators are available for use 9 am to 11:30 am and 1 pm to 4 pm M-F. Restricted times (i.e, use is limited to hotel) are 8 am-9 am; 11:30 arn-1 pm; and 4 pm-5 pm M-F and all other times due to hotel traffic. Q2. Are there any work time restrictions? A2. The answer to this question is in the Notice to Contractors, Section 3. Supplemental Terms and Conditions, item 1. Q3. Will parking be provided for the Contractors performing the work? A3. Per addendum 4 summary of pre -bid meeting, parking will be made available to all Contractors daily based on the Hyatt Hotel and JLK Center business needs, The Contractor may assume that two automobile parking spaces will be made available in the loading dock area. All other parking is the responsibility of the Contractor. Q4:- Is there a Hazardous Material Report available for the demolition of the work? A4. Yes, it is available at the hotel for observation only. Contact Phil Hymanson at 305-679-3072. " Q5. -Can you please provide the roof manufacturer and current warranty holder for the roof? A5. There is no known warranty. The roof construction is shown on the structural drawings. Central Chilled Water Plant and Cooling Tower Design AriAonriiim Mn 5 ITR Nn I1-12-nns * unmi * � n u `, 0 R 10 1. The expected ship date for the prepurchased chillers is 1/24/12. B. DRAWINGS 1 CS a. Delete Note 2 under General Project Notes. b. Delete "including passivation of stainless steel cooling towel" part of Note 3A under General Project Notes. c. Delete Note 4 under General Project Notes on sheet CS. d. Delete the sentence "Controls shall be by the Trane Company" under Base Bid B (Note 11) 2. M1-4 (drawing not issued) a. Note 8 reference in chilled water bypass piping should be Note "8 I." 3. M1-6 a. Modify cooling tower 16" piping as it exits the penthouse to provide (1) flange connection and 16" valved connection during period when temporary cooling is being provided. b. EF-15 shown in correct location. c. Cooling tower enclosure size and location modified to match structural drawings. d. Revised equalizer piping for CT-1. 4. M2-2 a. Modify cooling tower 16" piping as it exits the penthouse to provide (1) flange connection and 1G" valved connection during period when temporary cooling is being provided. b. Note 13 reference in chilled water bypass piping should be Note "13 I." 5. M4-1 a. Updated chiller schedule for C-1, 2, 3. 6. M4-2 a. Revised fan air flows for SF-1 and EF-24 (part of Base Bid A). Model numbers remain unchanged. b, Revised Chiller Roo•m. Ventilation Schedule (part of Base Bid A Revised control sequence for Mechanical Room Ventilation- Sequence with revised'' supply and exhaust flow rates. 7. M5-1 8. EO-1 a. Updated chillers C-1, 2, 3 amperage information. C. SPECIFICATIONS Central Chilled Water Plant and Cooling Tower Design • Q6. Is there a site plan available for distribution? A6. Drawings are available in the hotel engineering department for observation: contact Phil Hymanson at 305-679-3072. Q7. Can additional site meetings be scheduled? A7. No. Q8. Please confirm if permit costs to be included in the bid proposal. A8. On the Bid Form, page 2 of 8, number 3 there is an allowance in the amount of $31,500 to he included in the bid price. All bids should only include the $31,500 amount in their bids. The allowance given is to be used exclusively for permit fees and therefore the Contractor is not entitled to use the allowance for any other reason. In the event that the permit fees are in excess of $31,500, a change order will be issued to cover the shortage. Q9. Are Base Bid A & Base Bid B to be performed phased or concurrently? A9. Base Bid A and B can be performed concurrently as long as other contract requirements are met. The new chillers can operate with the old cooling tower until the new tower is operational. See Attachment B, Scope of Work and Notice to Contractors, Section 3, Supplemental Terms and Conditions, item 1. Q10. Please provide the contact name & number for the building's current Energy Management Systems contractor. A10. Jose Perez — Trane Company. Cell: 786-255-1169. jperezatrane.com; this is listed under Scope of Work, Base Bid B item 11 and Addendum 4 item 2. Q11. Please provide a Building Elevation, depicting the height of the structure. Alt See attached mechanical detail from hotel drawing AC-3 dated 9/15/80. Other drawings are available at the hotel for observation; contact Phil Hymanson at 305-679-3072. Q12. Can the Mechanical be the prime Contractor? Al2; No'. The''GO'.must be the prime. The mechanical contractormust: be listed on -Form SU. "Both ..the c mechanical:contractor and'the GOmust provide:5 separate reference letters.Either the `GC or the mechanical -contractor must -have been present -at the pre -bid conference held on November 17, 2011 at 2:00 p.m., est. 2. ADDITIONAL INFORMATION A. GENERAL Central Chilled Water Plant and Cooling Tower Design 15510 2.9 B — modify as follows: "Used grooved pipe only for temporary chilled water and rooftop locations." 17200 3.6 F — delete in its entirety. 15755 Heat Exchangers a. Add 2.2G — All heat exchangers shall be ARI certified. lj I Jeovanny Rodriguez, P.E., Assistant Director Capital Improvements Program This Addendum should be signed and dated by the Bidder and submitted as proof of receipt with the submission of bids. The Bidder by identifying the Addendum number in their Bid proposal and by signing and submission of their bid shall serve as proof of receipt of this Addendum. NAME OF FIRM: �iZ,r y SIGNATURE: DATE: /i/q / Central Chilled Water Plant and Cooling Tower Design ITfI A 1.. 4 4 .1 ('1. f1f10 Acilspiebr CERTIFICATE OF LIABILITY INSURANCE 7/5/2011YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES IELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED --REPRESENTATIVE OR. PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Frank H. Furman, Inc. 1314 East Atlantic Blvd. P. O. Box 1927 Pompano Beach FL 33061 CONTACT NAME: PHONE (NC No Ext)• (954) 943-5050 I (rA/c No): (954)943-5417 E-MAIL ADDRESS: CUSTOMPRODUCERR ID K. 90007855 INSURER(S) AFFORDING COVERAGE NAIC # INSURED Kerney & Associates, Inc. 320 SE 16th Avenue Ft Lauderdale FL 33301 INsuRERA•N6aiden Specialty Insurance Co 37745 INsuRERBNational Trust Insurance Co 20141 INSURER C:Commerce & Industry Ins CO 19410 iNsuRERDBridgefield Employers Ins Co 10701 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION ' THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POUCY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL LIABILITY GENERAL X LIABILfTY OCCUR X NAX001105/1100 7/16/2011 7/16/2012 EACH OCCURRENCE $ 1,000,000 XCOMMERCIAL DAMAGE TO RENTED PREMISES (Ea occurrence) S 50,000 CLAIMS -MADE MEDEXP(Anyoneperson) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMfT APPLIES PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 1 POLICY X jE -- $ `— B AUTOMOBILE LIABILITY ANY AUTO ALL OWNEDAUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 001643402 7/16/2011 7/16/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) 5 X 5 $ C — UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE E080665587 7/16/2011 7/16/2012 EACH OCCURRENCE s .20,000,000 A AGGREGATE s 20,000,000 DEDUCTIBLE None RETENTION $ None 5 S D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS Y / N N / A - 083042575 7/16/2011 7/16/2012 WC STATU-S I TH- O Xf TORY LIMITER N E.L EACH ACCIDENT $ 1,000,000 $ 1,000,000 $ 1,000,000 E.L DISEASE - EA EMPLOYEE below E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) State of Florida Plumbing & Mechanical Services City of Miami is named as Additional Insured as respects to General Liability. CERTIFICATE HOLDER CANCELLATION City of Miami Building_ Department_ _.. 444 SW 2nd Ave. Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE 'DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Frank Furman, Jr/JC 2 ACORD 25 (2009/09). , . IAI en7C rnnnnnn, _. ©1988-2009 ACORD CORPORATION. All rights reserved. Tho Arnon-.,.,......,...r STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL CONSTRUCTION• INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 GOMEZ, DEBORAH ANN KERNEY & ASSOCIATES INC 4811 SW 28TH AVENUE DANIA BEACH FL 33312 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and leam more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE REGULATION. (850) 487-1395 SS # 7058 STATE of FLORIDA- ACC` 51 ; :r ti 1 DEPARTMENT OF BUSINESS`:AND PROFESSION `:REGULATION: C_Gc05a342 b"1413I 1 .10.8QT3763 CERTIFIED. SAL. '$ACTOR GOMSZ`, D $ KERNEY & �bl ve 11.*:. IS. CERTIFIED. ananr thir4ii vieioae of ch.489 PS piratiou dat.t ` AUG-;3T,. 20,I2. L1008310359.3 AU- r a _ STATE OF FLORIDA DEPARTMENT. OF BUSINESS .AND PROFESSIONAL: REGULATION CONSTRUCTION INDUSTRY LICENSING `BOARD` SEF#Lzoo$3io3s93 ': �Ai'E p ATCHfiiciaitko LICENSE NBR 0.8/3`1/201.0: 10a01376a . CGC0-58:342:.., The. GENERAL: CONTRACTOR Nasnaed below 1$: CERTIFIED: Underr the. .provisions of. Chapt } 81 . 7,6, Expiration datee AUG 31, 2012 1,<; GQBEZ',:. DEBORA. - ANN;:. KERNEY_-&ASSOCIATES:INC 4811 SW 28TH--AVENUE: DANIA' BEACHFL CHARLIE:. CRIST , OF BUSfNESg'A-ND P.120FESSSOIIAL c/32E.GtTLATS CONSTRUCTION INDUSTRY LICEIbSING BOARD ATCHYNIJMBER. 05J0442010 09.:81!7.1:7.09'2 LiCENSE::..NBR r Fz . , CNICD 56.79 Tiie i1ECHAN3" CONTRALTO Named below IS CERTIFIED x Under t1 e pro n sions of Chapters Expiration date ';AUG 31.,(2012 r'. iERNEY PATRICK JOSEPH 3tEPIiEY &` AS'SOCIATES`•%'INC 320 SE,:1 'TH AVE' FT .=ILP_UDERDAILE. • • FL::3.33`01=:23. U IS P LAY: ;4 .1REQU! RED'8 Y.:LA! li1QD6b4DL973: � 5 , STATE )DF FLORIDA , DEPARTMENT OF BUS1NE38 AND%}i�ROi7 $SS�I ALc�iEG LATI CONSTRUCTIQN NDUSTRY LICENSING BOARD /044/21)10 098�7a708 Tl � PLUMBING ":CONTi ati Named below i5 CERTIFI•ED Under the provisions of : Chapte Expiration `date `AITG 31;'. 2012?, CERNEY1 PATRICIC JOSEP] 10ERNEY :& ;ASSQ:CIATES "I] 3 2 0- SE :-16Tii:`.`AVE FT iLAUDERDALE''. . Executive Order 11246, As Amended Executive Order 11246 - Equal Employment Opportunity SOURCE: The provisions of Executive Order 11246 of Sept. 24, 1965, appear at 30 FR 12319, 12935, 3 CFR, 1964-1965 Comp., p.339, unless otherwise noted. Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows: Part I - Nondiscrimination in Government Employment [Part I superseded by EO 11478 of Aug. 8, 1969, 34 FR 12985, 3 CFR, 1966-1970. Comp.; p: 803] Part II - Nondiscrimination in Employment by Government Contractors and Subcontractors Subpart A - Duties of the Secretary of Labor SEC. 201. The Secretary of Labor shall be responsible for the administration and enforcement of Parts II and III of this Order. The Secretary shall adopt such rules and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of Parts II and III of this Order. [Sec. 201 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Subpart B - Contractors' Agreements SEC.- 202. Except in contracts exempted in accordance with Section 204 of this Order,- all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions: During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are .treated during g employment; without regard to their race =- _ •_ _color, religion, -sex or _national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion. or transfer; recruitment or .recruitment advertising; layoff or termination; -rates of pay -or -other forms -of -- compensation; and selection for training, including apprenticeship. The ontractoragrees to post in conspicuous places, available to employees and licants for employment, noticestobe pr4.ovided by the contracting officer ing forth the provisions of this nondiscrimination clause. ........ ... .... . Central Chilled Water Plant and Cooling Design (2) The Contractor will, in all solicitations or advancements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall.post.copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with afl provisions of Executive Order No. 1.1246 of Sept. 24, 1965, and of the rules, • regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The Contractor win take such action with respect to any subcontract or purchase order as may be directed by the Secretary -of Labors a -means of enforcing such provisions including sanctions for L. noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or vendor -as _a _ -- result of such direction, the Contractor may .request .the United. States -to enter, -- into such litigation to protect the interests of the United States." [Sec 202 amended by EO .11375 of Oct. 13, 1967, 32 FR 14303;'3 CFR, 1966-1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501,,3 CFR, 1978 Comp., p. 230] Central Chilled Water Plant and Cnnlinn flacinn SEC. 203. Each Contractor having a contract containing the provisions prescribed in Section 202 shall file, and shall cause each of his Subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the Contractor and each Subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. (b) Bidders or prospective Contractors or Subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed Subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract...._, (c) Whenever the Contractor or Subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the Contractor, the Contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. (d) The Secretary of Labor may direct that any bidder or prospective Contractor or Subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective Contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of -the,order.>in the event:that the union, or the agency shall refuse, to execute such a statement, the Compliance Report shall so certify and_ set forth what efforts have : been :made to secure such a statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO.11375 of Oct. 13, 1967, 32 FR 14303, 3 `CFR, 1966=1970 Comp:, p ; 684; EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Central Chilled Water Plant and Cooling Design 99 SEC. 204 (a) The Secretary of Labor may, when the Secretary deems that special circumstances in the national interest so require, exempt a contracting agency from the requirement of including any or all of the provisions of Section 202 of this Order in any specific contract, subcontract, or purchase order. (b) The Secretary of Labor may, by rule or regulation, exempt certain classes of contracts, subcontracts, or purchase orders (1) whenever work is to be or has been performed outside the United States and no recruitment of workers within the limits of the United States is involved; (2) for standard commercial supplies or raw materials; (3) involving less than specified amounts of money or specified numbers of workers; or (4) to the extent that they involve subcontracts belowa specified tier. (c) Section 202 of this Order shall not apply to a Government Contractor or Subcontractor that is a religious corporation, association, educational institution, or society;with respect to the employment of individuals of a particular religion to perform_ work connected with the carrying on by such corporation, association, educational institution, or society of its activities. Such Contractors and Subcontractors are not exempted or excused from complying with the other requirements contained in this Order. (d) The Secretary of Labor may also provide, by rule, regulation, or order, for the exemption of facilities of a Contractor that are in all respects separate and distinct from activities of the Contractor related to the performance of the Contract: provided, that such an exemption will not interfere with or impede the effectuation of the purposes of this Order: and provided further, that in the absence of such an exemption all facilities shall be covered by the provisions of this Order." [Sec. 204 amended by EO 13279 of Dec. 16, 2002, 67 FR 77141, 3 CFR, 2002 Comp., p. 77141 - 77144] Subpart C Powers and Duties of the Secretary of Labor and the Contracting Agencies SEC. 205. The Secretary of Labor shall be responsible for securing compliance by all Government Contractors and Subcontractors with this Order and any implementing rules or regulations. All contracting agencies shall comply with the terms of this Order and any implementing rules, regulations, or orders of the Secretary of Labor. Contracting agencies shall cooperate with the Secretary of Labor and shall furnish such information and assistance as the Secretary may require. Sec. 205: amended b EO 12086 of Oct. 5, 19784 =[ y_ , 3 FR 46501, 3 CFR, 1978 Comp., p. 230] ,SEC:.206. The Secretary of Labor may investigate the employment practices of any, Government _Contractor or Subcontractor to determine whether or not the contractual provisionsspecified in Section 202 of this Order have been violated. Such investigation -.. ..._ ; ..,:.... :. ,.: ::: Central Chilled Water Plant and Cooling Design � a !:v,/ r-r, shall be conducted in accordance with the procedures established by the Secretary of Labor. (b) The Secretary of Labor may receive and investigate complaints by employees or prospective employees of a Government Contractor or Subcontractor which allege discrimination contrary to the contractual provisions specified in Section 202 of this Order. [Sec. 206 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 207. The Secretary of Labor shall use his/her best efforts, directly and through interested Federal, State, and local agencies, contractors, and all other available •instrumentalities to cause any labor union engaged in work under Government contracts or any agency referring workers or providing or supervising apprenticeship or training for or in the course of such work to cooperate in the implementation of the purposes of this Order. The Secretary of Labor shall, in appropriate cases, notify the Equal Employment Opportunity Commission, the Department of Justice, or other appropriate Federal agencies whenever it has reason to believe that the practices of any such labor organization or agency violate Title VI or Title Vil of the Civil Rights Act of 1964 or other provision of Federal law. [Sec. 207 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 208. The Secretary of Labor, or any agency, officer, or employee in the executive branch of the Government designated by rule, regulation, or order of the Secretary, may hold such hearings, public or private, as the Secretary may deem advisable for compliance, enforcement, or educational purposes. (b) The Secretary of Labor may hold, or cause to be held, hearings in accordance with Subsection of this Section prior to imposing, ordering, or recommending the imposition of penalties and sanctions under this Order.. No order for debarment of any Contractor from further Government contracts under Section 209(6) shall be made without affording the Contractor an opportunity for a hearing. Subpart D - Sanctions and Penalties SEC. 209. In accordance with such rules, regulations, or orders as the Secretary of -,--;,-,-Labor may issue or adopt, the Secretary may: .(1).Pub1ish,7or cause to be published, the names of. Contractors or unions which it has' concluded_have complied or have failed to comply with the "provision`s'ofthis Order or of the rules, regulations, and orders of the Secretary of Labor. (2) Recommend to the Department of Justice that, incases in which there is substantial material violation' or the -threat of substantial; ormatenal violation of the contractual -' Central Chilled Water Plant and Coolina Desion 101 *'provisions set forth in Section 202 of this Order, appropriate proceedings be brought to enforce those provisions, including the enjoining, within the limitations of applicable law, of organizations, individuals, or groups who prevent directly or indirectly, or seek to prevent directly or indirectly, compliance with the provisions of this Order. (3) Recommend to the Equal Employment Opportunity Commission or the Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act of 1964. (4) Recommend to the Department of Justice that criminal proceedings be brought for the furnishing of false information to any contracting agency or to the Secretary of Labor as the case may be. (5) After consulting with the contracting agency, direct the contracting agency to cancel, terminate; -suspend, or cause to be cancelled, terminated, or suspended, any contract, or any portion or portions thereof, for failure of the Contractor or Subcontractor to comply with equal employment opportunity provisions of the Contract. Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditioned upon a program for future compliance approved by the Secretary of Labor.. (6) Provide that any contracting agency shall refrain from entering into further contracts, or extensions or other modifications of existing contracts, with any non -complying Contractor, until such Contractor has satisfied,the Secretary of Labor that such Contractor has established and will carry out personnel and employment policies in compliance with the provisions of this Order. (b) Pursuant to rules and regulations prescribed by the Secretary of Labor, the Secretary shall make reasonable efforts, within a reasonable time limitation, to secure compliance with the Contract provisions of this Order by methods of conference, conciliation, mediation, and persuasion before proceedings shall be instituted under subsection (a) (2) of this Section, or before a contract shall be cancelled or terminated in whole or in part under subsection (a) (5) of this Section: [Sec. 209 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 210. Whenever the Secretary of Labor makes a determination under Section 209, the Secretary shall promptly notify the appropriate agency. The agency shall take the action directed by the Secretary and shall report the results of the action it has taken to the: Secretary -of Labor within such time as the Secretary.shall specify. If.the ..contracting agency fails to take the action directed within thirty days, the Secretary may take the action directly. 210 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230] 102 Central Chilled Water Plant and Cooling Design SEC. 211. If the Secretary shall so direct, contracting agencies shall not enter into contracts with any bidder or prospective Contractor unless the bidder or prospective Contractor has satisfactorily complied with the provisions of this Order or submits a program for compliance acceptable to the Secretary of Labor. [Sec. 211 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 212. When a contract has been cancelled or terminated under Section 209(a)(5) or a Contractor has been debarred from further Government contracts under Section 209(a)(6) of this Order, because of noncompliance with the Contract provisions specified in Section 202 of this Order, the Secretary of Labor shall promptly notify the Comptroller General of the United States. [Sec. 212 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Subpart E - Certificates of Merit SEC. 213. The Secretary of Labor may provide for issuance of a United States Government Certificate of Merit to employers or labor unions, or other agencies which are or may hereafter be engaged in work under Government contracts, if the Secretary is satisfied that the personnel and employment practices of the employer, or that the personnel, training, apprenticeship, membership, grievance and representation, upgrading, and other practices and policies of the labor union or other agency conform to the purposes and provisions of this Order. SEC. 214. Any Certificate of Merit may at any time be suspended or revoked by the Secretary of Labor if the holder thereof, in the judgment of the Secretary, has failed to comply with the provisions of this Order. SEC. 215. The Secretary of Labor may provide for the exemption of any employer, labor union, or other agency from any reporting requirements imposed under or pursuant to this Order if such employer, labor union, or other agency has been awarded a Certificate of Merit which has not been suspended or revoked. Part 1I1 - Nondiscrimination Provisions in Federally Assisted Construction Contracts ,..f.,.: SEC.-301. Each executive department and agency, which administers a program :_involving Federal financial assistance shall require as a condition' for the -_ approval of anygrant, contract, loan, insurance, or guarantee thereunder, :whiich:f:. - ~ may involve a construction contract, that the applleant for Federal assistance _,._:_ undertake and -agree -to incorporate, or cause_to be incorporated, into all - construction contracts paid for in whole or in part with funds'obtained from the - Federal Government or borrowed on the credit of the Federal Government ursuant to such grant; contract, loan, insurance; or guarantee or undertake Central Chilled Water Plant and Cooling Design pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the provisions prescribed for Government contracts by Section 202 of this Order or such modification thereof, preserving in substance the Contractor's obligations thereunder, as may be approved by the Secretary of Labor, together with such additional provisions as the Secretary deems appropriate to establish and protect the interest of the United States in the enforcement of those obligations. Each such applicant shall also undertake and agree (1) to assist and cooperate actively with the Secretary of Labor in obtaining the compliance of Contractors and Subcontractors with those contract provisions • and with the rules, regulations and relevant orders of the Secretary, (2) to obtain and to furnish to the Secretary of Labor such information as the Secretary may require for the supervision of such compliance, (3) to carry out sanctions and penalties for violation of such obligations imposed upon Contractors and Subcontractors by the Secretary of Labor pursuant to Part -II, Subpart D, of this Order, -and (4) to refrain from entering into any contract subject to this Order, or extension or other modification of such a contract with a Contractor debarred from Government contracts under Part Ii, Subpart D, of this Order. [Sec. 301 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230j SEC. 302. "Construction contract" as used in this Order means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real property. (b) The provisions of Part II of this Order shall apply to such construction contracts, and for purposes of such application the administering department or agency shall be considered the contracting agency referred to therein. (c) The term "applicant" as used in this Order means an applicant for Federal assistance or, as determined by agency regulation, other program participant, with respect to whom an application for any grant, contract, loan, insurance, or guarantee is not finally acted upon prior to the effective date of this Part, and it includes such an applicant after he/she becomes a recipient of such Federal assistance. SEC. 303. The Secretary of Labor shall be responsible for obtaining the compliance of such applicants with their undertakings under this Order. Each administering department and agency is directed to cooperate with the Secretary of_Labor :and to furnish the Secretary such information and assistanceas the Secretary may require in the performance of the Secretary's functions under this Order. (b) In the event an applicant fails and refuses to comply with the applicant's undertakings pursuant to this Order, the Secretary of Labor may, after consulting With, the administering department or agency, take any or all of the following ctions (1) direct any administermg departmentor agency to cancel;=terminate, y=' Central Chilled Water Plant and Cooling Design 104 'or suspend in whole or in part the agreement, contract or other arrangement with such applicant with respect to which the failure or refusal occurred; (2) direct any administering department or agency to refrain from extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received by the Secretary of Labor from such applicant; and (3) refer the case to the Department of Justice or the Equal Employment Opportunity Commission for appropriate law enforcement or other proceedings. (c) In no case shall action be taken with respect to an applicant pursuant to clause (1) or (2) of subsection (b) without notice and opportunity for hearing. [Sec. 303 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 304. Any executive department or agency which imposes by rule, regulation, or order requirements of nondiscrimination in employment, other than requirements imposed pursuant to this Order, may delegate to the Secretary of Labor by agreement such responsibilities with respect to compliance standards, reports, and procedures as would tend to bring the administration of such requirements into conformity with the administration of requirements imposed under this Order: Provided, That actions to effect compliance by recipients of Federal financial assistance with requirements imposed pursuant to Title VI of the Civil Rights Act of 1964 shall be taken in conformity with the procedures and limitations prescribed in Section 602 thereof and the regulations of the administering department or agency issued thereunder. Part IV - Miscellaneous SEC. 401. The Secretary of Labor may delegate to any officer, agency, or employee in the Executive branch of the Government, any function or duty of the Secretary under Parts II and III of this Order. [Sec. 401 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 402. The Secretary of Labor shall provide administrative support for the execution of the program known as the "Plans for Progress." SEC.-403. Executive. Orders Nos. 10590 (January :.19,1955),;1.0722:(August 5;: 1957),-10925_(March 6, 196,1), 11114 (June 22, 1963), and 11162 (July 28, 1964), are hereby superseded and the President's Committee on Equal Employment . Opportunity established by Executive Order No. 10925 is hereby abolished. All ;records and;property-in the custody of the Committee shall be transferred to the .Office of Personnel Management and the Secretary of Labor, as appropriate. Central Chilled Water Plant and Cooling Design (b) Nothing in this Order shall be deemed to relieve any person of any obligation assumed or imposed under or pursuant to any Executive Order superseded by this Order. All rules, regulations, orders, instructions, designations, and other directives issued by the President's Committee on Equal Employment Opportunity and those issued by the heads of various departments or agencies under or pursuant to any of the Executive orders superseded by this Order, shall, to the extent that they are not inconsistent with this Order, remain in full force and effect unless and until revoked or superseded by appropriate authority. References in such directives to provisions of the superseded orders shall be deemed to be references to the comparable provisions of this Order. [Sec. 403 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p, 264] SEC. 404. The General Services Administration shall take appropriate action to revise the standard Government contract forms to accord with the provisions of this Order and of the rules and regulations of the Secretary of Labor. SEC. 405. This Order shall become effective thirty days after the date of this Order. Central Chilled Water Plant and Cooling Design 6-12.2 Source of Supply - Steel For Federal -aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melding and mixing and continuing through the bending and coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed.• If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions- apply,- except that the manufacturer may use minimal quantities of foreign steel and ironwhen the cast "of"such foreign materials does not exceed 0.1 % of the total Contract amount or $2,500, whichever is greater. These requirements are -applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $ (actual value). Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. Central Chilled Water Plant and Cooling Design ITD AI.. • 14 4n nno i n .nnw General Decision Number: FL100126 09/16/2011 FL126 Superseded General Decision Number: FL20080126 State: Florida Construction Type: Building County: Miami -Dade County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number Publication Date 0 . 03/12/2010 1 03/26/2010 2 04/23/2010 3 10/29/2010 4 07/22/2011 5 09/16/2011 CARP0079-001 04/01/2009 CARPENTER (Form Work Only) Rates Fringes $ 22.20 $6.67 ELEC0349-001 08/31/2009 ELECTRICIAN, Including HVAC Temperature Control Installation` Electrical contracts including materials that are over $2,000,000 Electrical contracts including materials that are under $2,000,000 * ELEV0071-001 01/01/2011 ELEVATOR MECHANIC - FOOTNOTE: Rates Fringes $ 29.61 $8.71 $ 27.15 $8.44 Rates Fringes $ 37:69.,...,.:,.v....:.;.......$21:985+a Employer, contributes 8%r basic,; hourly, rate for 5 years,, ors more of service or, 6%, basic lourlyrate for 6 months to 5 years of service as.Vabatiori Pay,Credit; Paid Holidays Central Chilled Water Plant and Cooling Design New Year's Day; Memorial Day; Independence Day; Thanksgiving Day; -Christmas Day, plus the Friday after Thanksgiving. E N G 10487-001 01 /01 /2010 Rates Fringes OPERATOR: Backhoe/Excavator $ 21.00 $8.75 OPERATOR: Concrete Pump Trailer Mounted $ 20.44 $8.75 Truck Mounted $ 26.21 $8.75 OPERATOR: Crane All Cranes Over 15 Ton Capacity; Boom Truck $ 28.05 $8.75 Yard Crane, Hydraulic Crane Capacity 15 Ton and Under; Boom Truck $ 21.00 $8.75 OPERATOR: Mechanic $ 21.00 $8.75 OPERATOR: Oiler $ 20.00 $8.75 I RO N0272-003 10/01/2006 Rates Fringes IRONWORKER, ORNAMENTAL, REINFORCING AND STRUCTURAL $ 26.70 $6.43 PA1N0365-003 08/01/2010 PAINTER: Steel, Spray and Roller, Excluding Drywall Finishing/Taping * SFFLO821-001 07/01/2011 SPRINKLER FITTER (Fire Sprinklers) SHEE0032-003 01/01/2009 'SHEETMETAL WORKER (HVAC Duct.. Installation Only) SUFL2009-023 05/22/2009 antral Chilled Water Plant and Cooling Design Rates Fringes $16.00 $6.20 Rates Fringes $ 25.20 $15.90 ry Rates Fringes $ 24.42 $11.36 109 Rates Fringes BRICKLAYER $ 18.93 $0.00 CARPENTER, Includes Acoustical Ceiling Installation (Excludes Drywall Hanging, and Form Work) $ 15.54 $0.00 $ 11.13 $0.00 $ 14.00 $0.57 $ 10.00 $0.00 FLOOR LAYER: Carpet $2.10 GLAZIER__ ...__ $ 16.89 $2.69 HVAC MECHANIC (HVAC Pipe Installation Only) $ 16.19 $2.48 HVAC MECHANIC (HVAC System Installation Only) $ 17.91 $2.64 INSTALLER - OVERHEAD DOOR $ 14.40 $0.00 LABORER: Asphalt Raker $ 10.40 $0.00 LABORER: Asphalt Shoveler $ 7.88 $0.00 LABORER: Common or General $ 9.85 $0.00 LABORER: Concrete Saw $ 12.63 $0.00 LABORER: Mason Tender - Brick $ 10.75 $0.00 CEMENT MASON/CONCRETE FINISHER DRYWALL HANGER FENCE ERECTOR LABORER: Mason Tender - Cement/Concrete LABORER: Pipelayer LABORER: Roof Tearoff LABORER: Landscape and Irrigation'- -. MECHANICAL INSULATOR, Including Duct and Pipe OPERATOR: Asphalt Spreader PERATOR:, Bulldozer Central Chilled Water Plant and Cooling Design $ 12.83 $1.90 $ 13.87 $1.58 $ 8.44 $0.00 $ _13:98 $2.07 ': $0.00: OPERATOR: Distributor $ 12.37 0.00 OPERATOR: Forklift $ 14.00 0.00 OPERATOR: Grader (Blade) $ 13.73 0.00 OPERATOR: Loader $ 16.00 2.82 OPERATOR: Paver $ 12.75 0.00 OPERATOR: Roller $ 10.94 0.00 OPERATOR: Screed $ 13.05 0.00 OPERATOR: Tractor $ 9.91 0.00 OPERATOR: Trencher e$ 11.75 0.00 PAINTER: Brush (Includes Drywall Finishing/Taping) PIPEFITTER (Excluding HVAC Pipe Installation) PLASTERER PLUMBER (Excluding HVAC Pipe Installation) ROOFER (Metal Roof Only) ROOFER, Including Built Up, Hot Tar, Modified Bitumen, Shake & Shingle, Single Ply and Slate& Tile (Excluding Metal Roof) SHEET METAL WORKER, Excludes Installation of HVAC Duct TILE SETTER TRUCK DRIVER: 3 Axle Truck TRUCK DRIVER: .Dump Truck TRUCK DRIVER: Lowboy Truck $ 13.72 2.22 $ 17.85 2.54 $ 15.05 0.00 $ 20.00 1.37 $ 17.10 0.00 $ 13.59 0.00 $ 15.62 2.03 $ 16.50 2.10 $ 10.50 0.80 $ 10.00=7.0.00: WELDERS Receive rate prescribed for craft performing operation to which welding is entral Chilled Water Plant and Cooling Design Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as. provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.).Has there been an initial decision in the matter? This can be: 1. an existing published wage determination, 2. a survey underlying a wage determination, 3. a Wage and Hour Division letter setting forth a position on a wage determination matter, 4. a conformance (additional classification and rate) ruling. On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 and 3 should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction. Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division ..: U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1 is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by Zan ylinforThation (wage payment data; project description, area practice material'etc) that the requester"considefs•relevant to {the issue. entral Chilled Water Plant and Cooling Design 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Central Chilled Water Plant and Cooling Design City of Miami Code of Ordinances Ch 18. Sec. 18-542. Financial Integrity Principles The following financial integrity principles are hereby adopted: (1) Structurally balanced budget. The city shall maintain a structurally -balanced budget. Recurring revenues will fund recurring expenditures. (2) Estimating conference process. The city shall adopt budgets and develop its long and short-term financial plan utilizing a professional estimating conference process. Conference principals shall include, but not be limited to: one principal from the budget office; one principal from the finance department and two non -staff principals with public finance expertise. (3) lnterfund borrowing. The city shall not borrow or use internal fund transfers to obtain cash from one fund type or reserve to fund activities of another fund type or reserve unless such use is deemed lawful, and unless the estimating conference has determined that (a) the funds to be loaned will not be needed during the lending period, and (b) the funds for repayment will be available within a two-year period. Any actions taken to borrow funds under these conditions must be separately presented to and approved by the city commission and the term of such borrowing ..:.:...- shall not extend beyond the last day of the subsequent fiscal year. Recognizing that some programs are funded by grants or other entities on a reimbursement basis, the city shall apply for such reimbursements on a timely basis to minimize the period that city funds are used as float. In the event loans/float for these reimbursements extend beyond the end of a fiscal year, such reimbursements shall be reflected as receivables in the comprehensive annual financial statements report (CAFR) to the extent allowed under accounting principles generally accepted in the United States of America (GAAP). The department of finance shall make a quarterly determination of the amount of expenses incurred which may not be reimbursable under these programs. A quarterly report of expenses incurred but not reimbursable shall be presented to the city commission, together with the actions needed to avoid project deficits. (4) For purposes of this section, city-wide surplus for any fiscal year is defined as the increase in unreserved general fund balance as reflected in the city's comprehensive annual financial report (CAFR). City-wide deficit for any fiscal year is defined as the decrease in unreserved general fund balance as reflected in the city's comprehensive annual financial report (CAFR). Budget surplus of any office, department or elected official is defined as the excess of budgeted expenses over actual expenses in any fiscal year. Notwithstanding anything to the contrary in this section, the total amount of budget surplus to be added to designated reserves and special revenue funds pursuant to this section (together, the "rollover amounts") is limited to city-wide surplus for any fiscal year. In the event the rollover amounts would result in a city-wide deficit, then each budget surplus within the rollover amounts shall be reduced proportionately so the city's comprehensive annual financial report (CAFR) will reflect no change in undesignated, unreserved general fund balance. In the event that a city-wide deficit would result before effecting the rollover amounts in any fiscal year, then no rollover amounts shall be available. a. Budget surpluses in an elected official's budget in any fiscal year shall be reflected as designated reserves at the end of the fiscal year in which such surplus arose and be appropriated for discretionary use of such elected official for the following fiscal year._:.. . _ b. Budget surpluses of the parks and recreation department shall be allocated, as of the 'end of the fiscal year in which such surplus arose, to a parks special revenue fund. Allowed expenditures from the parks special revenue fund shall be limited to the purchase of parks recreational and maintenance equipment and the direct operations of recreational programs in and for the city's parks, subject to appropriation by the city commission. c. Budgeted surpluses of the department of conferences, conventions and public facilities shall be allocated, as of the end of the fiscal year in which such surplus arose, to a public facilities special revenue fund. Allowed expenditures of the public facilities special revenue fund shall be limited to capital improvements for the city's public facilities, subject to appropriation by the city commission. d. Budgeted surpluses of the department of information technology shall be allocated, as of the end of the fiscal year in which such surplus arose, to an IT strategic plan special revenue fund. Allowed expenditures of the IT strategic plan special revenue fund_ shall be limited to expenditures, excluding those related to permanent city.staffnecessary.... for the implementation of the city's-information technology strategic plan;aubject to.appropriation by the city commission. (5) -Reserve policies -The -following three reserve policies categories are established' for the general operating fund of the city: Payment for compensated absences and other employee benefit liabilities and self -insurance -plan deficits - may be drawn from -this reserve during the fiscal year and shall be replenished each year until fifty percent (50%) if such the liabilities are funded. Other designated reserves may be drawn upon without the need for replenishment. a. Current fiscal year contingency. A "contingency" reserve level of $5,000,000.00 shall be budgeted annually. Such contingency reserve shall be available for use, with city commission approval, during the fiscal year, to fund c unantiipated budget issues which arise or potential expenditure overruns which cannot be offset through other sources or actions The unused portion of the budgeted tingency eserve in any fiscal year shall be reflected as designated reserves until such time as the cityhas funded .50percent of the liabilities of the long term liabilities 114 Central Chilled. Water Plant and Cooling Design (excluding bonds, loans, and capital lease payables) as reflected in the city's comprehensive annual financial report (CAFR). Amounts not needed to satisfy the 50 percent requirement shall be considered general fund undesignated reserve and be treated in accordance with subsection (5)b. b. General fund undesignated reserve. The city shall retain undesignated reserves equal to a threshold ten percent of the prior three years average of general revenues. Such reserves may only be used for offsetting an unexpected mid -year revenue shortfall or for funding an emergency such as a natural or man-made disaster, which threatens the health, safety and welfare of the city's residents, businesses or visitors. Any time these reserve funds fall below the ten percent threshold, the city commission shall adopt a plan to achieve the threshold within two fiscal years. Amounts in excess of the ten percent threshold may be used for capital improvements, unanticipated expenditures necessary to assure compliance with legal commitments, and for expenditures that will result in the reduction of recurring costs or the increase in recurring revenues of the city. c. Designated reserves. The city shall retain reserves equal to ten percent of the prior three years average of general revenues. Such reserves shall be used for funding long-term liabilities and commitments of the city such as: 1. Compensated absences and other employee benefit liabilities, including liabilities related to post -retirement benefits; 2. Self-insurance plan deficits (including workers compensation, liability claims and health insurance); 3. Strategic initiatives (until completed); 4. Blue Ribbon Commission Initiatives (until completed); 5. Anticipated adjustments in pension plan payments resulting from market losses in plan assets and other unanticipated payments necessary to maintain compliance with contractual obligations. (6) Proprietary funds. The city shall establish proprietary funds only if the costs to provide the service are fully funded from the charges for the service. (7) Multi -year financial plan. The city commission shall annually adopt a five year financial plan by September 30 of each year, reflecting as the base year, the current year's budget. For fiscal year 2004 the multi -year financial plan will be adopted no later than 30 days after the completion of labor negotiations. Such plan will include cost estimates of all current city operations and pension obligations, anticipated increases in operations, debt service payments, reserves to maintain the city's officially adopted levels and estimated recurring and non -recurring revenues. This plan will be prepared by fund and reflect forecasted surpluses or deficits and potential budget balancing initiatives, where appropriate. (8) Multi -year capital improvement plan. The city commission shall annually adopt a capital improvements plan ("CIP") by November 30th of each year. The CIP shall address cost estimates for all necessary infrastructure improvements needed to support city services, including information technology, with an adequate repair and replacement ("R&R") component. Funded, partially funded and unfunded projects shall be clearly delineated The CIP shall be detailed for the current fiscal year and for five additional years and, if practicable, additional required improvements aggregated for two additional five year periods. To the extent feasible, department heads shall be required to submit independent needs assessments for their departments for use in preparing the CIP. The CIP will be detailed by fund, include recommended project prioritization rankings, identified revenue sources, planned financing options and unfunded projects. The CIP shall include estimates of the operational impacts produced for the operation of the capital improvements upon their completion. The CIP shall include a component reflecting all on- going approved capital projects of the city, the date funded, amount budgeted, amount spent since the start date, remaining budget, fiscal impact of known changes to financial assumptions underlying the project, estimated expenditures by.fiscal year. for the project and estimated completion date. Approved projects, with circumstances that arise which change the funding requirements of the project, shall be addressed in the CIP annually. (9) Debt management. The city shall manage its debt in a manner consistent with the following principles: a. Capital projects financed through the issuance of bonded debt shall be financed for a period not to exceed the estimated useful life of the project. b. The net direct general obligation debt shall not exceed five percent and the net direct and overlapping general obligation debt shall not exceed ten percent of the taxable assessed valuation of property in the city. c. The weighted average general obligation bond maturity shall be maintained at 15 years or less. d. Special obligation debt service shall not exceed 20 percent of non -ad valorem general fund revenue. e. Revenue based debt shall only be issued if the revenue so pledged will fully fund the debt service after operational costs plus a margin based on the volatility of the revenues pledged. ,.(10) :.Financial:oversight.and-reporting. Thecity shall provide for on- going_ generation and utilization of -financial:.: reports on'all funds comparing budgeted revenue and expenditureinformation to -actual ona monthly and year to date basis. The_ finance: department shall be responsible for issuing the monthly reports to departments; the mayor and city.commission,-and provide any information regarding anyTpotentially adverse trends --or conditions: These reports should be. -issued_ within 30 days after the close of each month. The annual external audit reports :(comprehensive annual financial report (CAFR), single audit, and management letter) of the city shall be prepared -and presented to the -mayor and city commission by March 31 of each year. The city commission shall convene a. workshop meeting with the external auditors to review the findings and recommendations of the'audit. Financial reports, offering statements, and other. financial related documents issued to the public, shall, provide full and complete isclosure of all material financial matters Central Chilled Water Plant and Cooling Design (11) Basic financial policies. -Die city shall endeavor to maintain formal policies, which reflect "best practices" in the areas of: a. Debt: Such policy shall address affordability, capacity, debt issuance and management. b. Cash management and investments: Such policy shall require 24-month gross and net cash -flow projections by fund and address adequacy, risk, liquidity and asset allocation issues. c. Budget development and adjustments: Such policy shall establish proper budgetary preparation procedures and guidelines, calendar of events, planning models by fund, budget adjustment procedures, establishment of rates and fees, indirect costs/interest income and the estimating conference process. The proposed budget should be scheduled to allow sufficient review by the mayor and city commission while allowing for sufficient citizen input. The city budget document reflecting all final actions as adopted by the city commission on or before September 30 of each year, shall be printed and made available within 30 days of such adoption. d. Revenue collection: Such policy shall provide for maximum collection and enforcement of existing revenues, monitoring procedures, and the adequacy level of subsidy for user fees. e. Purchasing policy: Such policy shall establish departmental policies and procedures and provide appropriate checks and balances to ensure the city departments adhere to the city's purchasing policies. (12) Evaluation committees. Such committees shall be created, to the extent feasible, and contain a majority of citizen and/or business appointees from outside city employment to review city solicitations ("requests for proposals", etc.), and all collective bargaining contract issues. The recommendations of the evaluation committee shall be provided to the mayor and city commission on all such contracts prior to presentation for official action. (13) Full cost of service The:cityshall define its core services and develop financial systems that will determine on an annual basis the full cost of delivering those services. This information shall be presented as part of the annual budget and financial plan. (Ord. No. 11890, § 4, 2-10-00; Ord. No. 12113, § 1, 9-25-01; Ord. No. 12276, § 2, 9-11- 02; Ord. No. 12353, § 2, 4-10-03; Ord. No. 12427, § 2, 10-23-03; Ord. No. 12518, § 2, 3-25-04; Ord. No. 12727, § 2, 9-22-05) Central Chilled Water Plant and Cooling Design Section 6- Contract Execution Form THIS Contract (contract number) made this day of in the year 2012 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and (name of Contractor) IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST Kerney and • Associates, Inc., a Florida corporation Signature Si nature Print Name, Title Print Name, Title of Authorized Officer or Official ATTEST: (Corporate Seal) CONTRACTOR Secretary (Affirm CONTRACTOR Seal, if available) ATTEST: City of Miami, a municipal corporation of the State of Florida Priscilla Thompson`, City Clerk Johnny Martinez, P.E., City Manager APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: -Calvin Ellis, Director Risk Management Department CORRECTNESS: Julie O. Bru, 'City Attorney Central Chilled Water Plant and Cooling Design CORPORATE RESOLUTION WHEREAS, Kerney and Associates, Inc. desires to enter into a contract with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with -the By -Laws of the corporation; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the (type title of officer) , is hereby authorized (type name of officer) and instructed to enter into a contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of , 20 Corporate Secretary FORM OF PERFORMANCE BOND (Page 1of 2) BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract , awarded the day of , 20 , with City which Contract No: Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings; that City, sustains as a result of_default by Contractor under the Contract; and 3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. 4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations hereunder, the Surety may promptly remedy the default, or shall promptly: Complete, the :Project :.in accordance: with'.the terms � d -conditions of the-:•: Contract Documents; or FORM OF PERFORMANCE BOND (Page 2 of 2) 4.2. 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 thoughthere should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto; less the'amounf'properlypaid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety herebywaives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES: Secretary By: (CORPORATE SEAL) (Name of Corporation) (Signature) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney -in -Fact (City/State/Zip Code) FORM OF PAYMENT BOND (Page 1of 2) BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No., awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has - not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, .deliver to Contractor, and to the Surety,_written notice of the,,pe formance of the labor or delivery of the materials or supplies and of the nonpayment: -;.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 longer of the applicable Notice and Time Limitations provisions prescribed in Section 5�05(2);_orySection 95,11; Florida Statutes FORM OF PAYMENT BOND (Page 2 of 2) The Surety hereby waives notice of and agrees that any changes in or under the • Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 ATTEST: By: Contractor Name of Corporation (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No.: CERTIFICATE AdSTOCORPORATE PRINCIPAL ` [ . certify that | onl the Secretary of the COrpD[8tDn named as PhOCip8| in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that .who signed the Bond/e\on behalf of the Principal, was then Of said corporation; that | know his/her signature; and, his/her signature thereto is g8OUiO8; and that said Bond(s) was (were) duly SigOed. S8@|ed and attested to on behalf of said corporation by authority of its governing body. Secretary (on behalf of) Corporation STATE OFFLORIDA ) ) G8 COUNTY [)FMIAM|-DADE \ Before [Oe' 8 Notary Public duly commissioned, qualified and acting p8nSOOa|ly. appeared to me well knDvvO, who being by 0e first dUk/ sworn upon oath says that he/she haa,been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and P8yDlBOt Bond) on behalf of Contractor OBOl8d therein in favor OfCity. Subscribed and Sworn to before me this day of . 2O � --- rhiobi6nexpiree: Notary Public, State of Florida at Large Bonded by ` PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2) Beneficiary: City of Miami 444 S.W. 2nd Avenue Miami, Florida 33130 Amount: We hereby authorize you to draw on Date of Issue Issuing Bank's No. Applicant: in United States Funds Expiry: (Date) Bid/Contract Number (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part of (contractor, applicant, customer) agreed upon by and between the City of Miami, Florida and (contractor, applicant, customer), pursuant to Bid/Contract No. for (name of project) and .Section-.255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) - PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the Contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the .terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, 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 to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY If the Proposer is submitting as a joint venture, please be advised that this form (2 pages) MUST be completed and the REQUESTED written joint -venture agreement MUST be attached and submitted with this form. 1. Name of joint venture: 2. Address of joint venture: 3. Phone number of joint venture: 4. Identify the finds that comprise the joint venture: 5. Describe the role of the MBE fihin (if applicable) in the joint venture: 6. Provide a copy of the joint venture's written contractual agreement. 7. Control of and participation in this Agreement. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision making, including, but not limited to, those with prime responsibility for: (a) Financial decisions: (b) Management decisions, such as: (1) Estimating: (2) Marketing and sales: (3) Hiring and firing of management personnel: (4) Purchasing of major items or supplies: NOTE: If, after filing this form and before the completion of the joint venture's work on the subject Contract, there is any significant change in the information submitted, the joint venture must inform the County in writing. AFFIDAVIT "The undersigned swear or affuni that the foregoing statements are correct and include all material infoiination necessary to identify and explain the teens and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to the County current, complete and accurate information regarding actual joint venture work and the payment therefore andany proposed changes in any of the joint venturer relevant to the joint venture, by authorized representatives of the County. Any material misrepresentation will be grounds for terminating any Contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Name of Firm: Signature: Name: Title: Date: Name of Firm: Signature: Name: Title: Date: Attachment A