HomeMy WebLinkAboutPre-LegislationCity of Miami
Legislation
Resolution: R-13-0089
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01444 Final Action Date: 3/14/2013
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE FIFTEEN (15) JOB ORDER
CONTRACTS ("JOC"), IN SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE
MAINTENANCE AND CONSTRUCTION SERVICES CITYWIDE, ON AN
AS -NEEDED BASIS, FOR CAPITAL PROJECTS; ALLOCATING FUNDS FROM
VARIOUS CAPITAL IMPROVEMENT PROJECTS AND DEPARTMENTAL BUDGETS,
SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER
AUTHORIZING THE CITY MANAGER TO ADD OR REPLACE JOC CONTRACTORS
ON AN AS -NEEDED BASIS.
WHEREAS, the Capital Improvements Program ("CIP") identified a need to continue the
implementation of a Job Order Contracting ("JOC") system to achieve the timely and cost effective
delivery of maintenance and construction services for capital projects; and
WHEREAS, CIP issued Invitation to Bid No. 11-12-017 on April 10, 2012, soliciting JOC contracts
for horizontal (right-of-way) and vertical (building) construction, and thirty-three (33) bids were received
on May 11, 2012; and
WHEREAS, the JOC contracts will have an initial term of two (2) years with the option to renew for
two (2) additional one (1) year periods; and
WHEREAS, all JOC contracts provide a firm fixed price and a multiplier for an indefinite quantity of
individual construction projects upon which assignments are made to selected contractors based on
quantities derived from completed construction drawings; and
WHEREAS, the City Manager and CIP recommend that the fifteen (15) lowest responsive and
responsible bidders identified in "Exhibit A", attached and incorporated, be awarded contracts, in
substantially the attached form, for said purposes in the annual maximum capacities of $2,000,000 for
horizontal construction and $2,500,000 for vertical construction; and
WHEREAS, this Resolution furthers authorizes the City Manager to add or replace JOC
contractors on an as -needed basis;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute fifteen (15) JOC contracts, in
substantially the attached form, to provide maintenance and construction services Citywide, on an as
needed basis, for capital projects, with funds allocated from various Capital Improvements projects
and departmental budgets, subject to budgetary approval at the time of need.
City of Miami Page 1 of 2 File Id: 12-01444 (Version: 1) Printed On: 1/10/2015
File Number• 12-01444 Enactment Number: R-13-0089
Section 3.
basis.
Section 4.
the Mayor.{2}
The City Manager is authorized{1 } to add or replace JOC contractors on an as -needed
This Resolution shall become effective immediately upon its adoption and signature of
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 12-01444 (Version: 1) Printed On: 1/10/2015
Exhibit A
Job Order Contracting (JOC)
Bid No. 11-12-017
Award Summary
Jo i..c ther t ontracting r
Program (JOC) ., 9 s y �
Contractor . . `nosi,n° 2 -
r � r r ' t y
F' S
Award, Amount , z r
1 r
JOC - Horizontal
FHP Tectonics Corp.
$2,000,000 yearly*
JOC - Horizontal
H & J Asphalt, Inc..
$2,000,000 yearly*
JOC.- Horizontal
Metro Express, Inc.
$2,000,000 yearly*
JOC - Horizontal
Team Contracting, Inc.
$2,000,000 yearly*
JOC - Horizontal
H.A. Contracting, Corp.
$2,000,000 yearly*
JOC - Horizontal
Harbour Construction, Inc.
$2,000,000 yearly*
JOC - Horizontal
JB Builders & Contractors, Inc. d/b/a
Ballarena Construction
$2,000,000 yearly*
JOC - Vertical
FHP Tectonics Corp.
$2,500,000 yearly*
JOC - Vertical
Thornton Construction Co.
$2,500,000 yearly*
JOC - Vertical
Allied Contractor's, Inc.
$2,500,000 yearly*
JOC - Vertical
Harbour Construction, Inc.
$2,500',000 yearly*
JOC - Vertical
H.A. Contracting, Corp.
$2,500,000 yearly*
JOC - Vertical
M.A.C. Construction, Inc.
$2,500,000 yearly*
JOC - Vertical
GEC Associates, Inc.
$2,500,000 yearly*
JOC - Vertical
JB Builders & Contractors, Inc. d/b/a
Ballarena Construction
$2,500,000 yearly*
*Maximum yearly contract
amount
BID NO.11-12-017
JOB ORDER CONTRACTS (JOC) FOR HORIZONTAL AND VERTICAL
CONSTRUCTION
Due Date: May 11, 2012
Due Time: 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
This Page intentionally Left Blank
2
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No,: 11-12-017
TABLE OF CONTENTS
Notice To Contractors 7
Section 1 - Instructions for Submission 9
1. Intention of City 9
2. Scope of Work 9
3. Location of Project(s1 9
4. Performance of the Work 10
5. Examination of Contract Documents 10
6. Addendum 10
7. Bid Submission 11
8. Bid Guaranty 11
9. Preparation of Bid 11
10. Pre -Bid Conference 12
11. Postponement of Bid Opening Date 12
12. Acceptance or Rejection of Bids 12
13. Environmental Regulations 12
14. Bid Award 12
15. Bid Protest 14
16. Local Workforce Participation 14
17. Community Small Business Enterprise 15
18. Cone of Silence 16
19. Public Entity Crime 16
20. Fraud and Misrepresentation 16
21. Collusion 16
22. Contractor in Arrears or Default 17
23. Cancellation of Solicitation 17
Section 2 - General Terms and Conditions 18
1. Definitions 18
2. Time is of the Essence 22
3. Contract Term 23
4. Notices 23
5. Priority of Provisions 23
6. Indemnification 24
7. Insurance 25
8. Performance and Payment Bond 28
9. Qualification of Surety 29
10. General Requirements 30
11. Method of Performing the Work 29
12. Work Staging and Phasing 31
13. Site Investigation and Representation 32
14. Contractor to Check Plans, Specifications and Data 32
15. Contractor's Responsibility for Damages and Accidents 32
16. Accidents 33
17. Safety Precautions 33
18. Occupational Health and Safety 34
19. Labor and Materials 34
20. Rules, Regulations, and Licenses 34
21. Consultant Services 35
3
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
22. Project Management 35
23. Superintendence and Supervision 35
24. Subcontractors 36
25. Authority of the Project Manager 37
26. Inspection of Work 38
27. Taxes 38
28. Separate Contracts 39
29. Lands of Work 39
30.- Coordination of.Work 39
31. Differing Site Conditions 40
32. Existing Utilities 39
33. Contractor's Responsibility for Utility Properties and Service 39
34. Interfering Structures 41
35. Field Relocation 41
36. Contractor's Use of Project Site(s) 41
37. Warranty of Materials and Equipment 42
38. Material and Equipment Shipment, Handling, Storage and Protection 42
39. Manufacturer's Instructions 44
40. Manufacturer's Warranty 43
41. Reference Standards 43
42. Submittals 43
43. Shop Drawings 44
44. Product Data 47
45. Samples 47
46. Record Set 47
47. Supplemental Drawings and Instructions 48
48. Contractor Furnished Drawings 48
49. Substitutions 48
50. City Furnished Drawings 49
51. Interpretation of Drawings and Documents 49
52. Product and Material Testing 50
53. Field Directives 50
54. Changes in the Work or Contract Documents 49
55. Continuing the Work 49
56. Change Orders (Supplemental Job Orders) 49
57. Change Order (Supplemental Job Order) Procedure 51
58. No Oral Changes 52
59. Value of Change Order (Supplemental Job Order) for Extra Work 52
60. Extra Work Directive 52
61. As -Built Drawings 53
62. Worker's Identification 54
63. Removal of Unsatisfactory Personnel 54
64. Substantial Completion, Punch List, & Final Completion 54
65. Acceptance and Final Payment 55
66. NDPES Requirements 56
67. Force Majeure 56
68. Extension of Time 56
69. Notification of Claim 57
70. Extension of Time not Cumulative 58
71. Contractor's Damages for Delay 58
4
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
72. Excusable Delay, Non-Compensable 58
73. Lines and Grades 59
74. Defective Work 59
75. Acceptance of Defective or Non -Conforming Work 59
76. Uncovering Finished Work 59
77. Correction of Work 60
78. Maintenance of Traffic and Public Streets 59
79. Location and Damage to Existing Facilities, Equipment or Utilities 62
80. Stop Work Order 62
81. Hurricane Preparedness 63
82. Use of Completed Portions 63
83. Cleaning Up; City's Right to Clean Up 64
84. Removal of Equipment 64
85. Set -offs, Withholdings, and Deductions 64
86. Event of Default 64
87. Notice of Default -Opportunity to Cure 65
88. Termination for Default 65
89. Remedies in the Event 'of Termination for Default 66
90. Termination for Convenience 66
91. Resolution of Disputes 67
92. Mediation -Waiver of Jury Trial 68
93. City May Avail Itself of All Remedies 68
94. Permits, Licenses and Impact Fees 68
95. Cornpliance with Applicable Laws 69
96. Independent Contractor 69
97. Third Party Beneficiaries 69
98. Successors and Assigns 69
99. Materiality and Waiver of Breach 70
100. Severability 70
101. Applicable Law and Venue of Litigation 69
102. Amendments 69
103. Entire Agreement 69
104. Nondiscrimination, Equal Employment Opportunity, and Americans with
Disabilities Act • 69
105. Evaluation 71
106. Commodities Manufactured, Grown, or Produced in the City of Miami, Miami -
Dade County and the State of Florida 71
107. Royalties and Patents 71
108. Continuation of the Work 71
109. Review of Records 71
110. No Interest 72
111. Payments Related to Guaranteed Obligations 72
112. Consent of City Required for Subletting or Assignment 72
113. Agreement Limiting Time in Which to Bring Action Against the City 72
114. Defense of Claims 73
115. Contingency Clause 73
116. Mutual Obligations 73
117. Contract Extension 73
118. Non -Exclusivity 73
119. Nature of the Agreement 72
5
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
120. Contract Documents Contains all Terms 74
121. Appliable Laws and Venue of Litigation(Attorneys Fees) 74
122. Survival 74
123. Additional Terms and Conditions 74
Section 3 — Supplemental Terms and Conditions 76
1. Contract Term 76
2. Non-Prepriced Items 76
3. Job Orders 76
4. Economic Price Adjustment 79
5. Computer Requirements and Software 80
6. Character of the Work 80
7. Inspection of Project Site 81
8. Standards and Specifications 80
9. LEED Certification 81
10. Progress Payments 83
11. Liquidated Damages 84
12. Schedule of Values 84
13. Project Schedules 85
14. Release of Liens/Subcontractor's Statement of Satisfaction 86
15. Progress Meetings 86
16. Request for Information 87
17. Substitutions 87
18. Project Site Facilities 88
19. Temporary Facilities, Utilities, and Construction 88
20. Security 89
21. Construction Signage 89
22. Construction Photographs 90
23. Permit Fees 90
24. Projects Funded with Federal Funds 90
25. JOC System License and Owner Furnished Software 901
Section 4 — Bid Form 93
Section 5 — Attachments 103
Bid Bond Form 103
Questionnaire 107
Customer Reference Listing 113
Reference Letter (form of) 115
Office Location Affidavit 117
Local, Small, & Disadvantaged Business Enterprise Particpation (for info only)119
Section 6 — Contract 121
Corporate Resolution 123
Form Of Performance Bond 125
Form Of Payment Bond 127
Certificate AsTo Corporate Prinicpal 129
Performance And Payment Guaranty Form - Unconditional/Irrevocable Letter Of
Credit. 131
Joint Venture Form 133
6
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
vIL
➢LATE➢
INVITATION TO BID NO. 11-12-017
NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami, Office of the City Clerk, City Hall, 15t Floor, 3500 Pan
American Drive, Miami, Florida 33133-5504 for:
JOB ORDER CONTRACTS `JOC)
FOR HORIZONTAL AND VERTICAL CONSTRUCTION
Bids Due: May It 2012 AT 2:00 P.M.
Purpose: The City is seeking to establish a pool of contractors for the Capital Improvements Program (CIP)
for use on various horizontal and vertical projects.
Scope of Work: The Work consists of furnishing all management, materials, labor, equipment and Incidental
Scope Development Services necessary to complete projects which may include the following:
Horizontal Prolects include, but are not limited to: new construction repair, maintenance, and/or
reconstruction of underground storm and/or sanitary sewer systems and components such as pump
stations, force mains, injection wells and disposal outfalls; rights -of -way and streetscape improvements
(roads, sidewalks and swale areas) including, without limitation, street grading, pavement milling, paving,
curb and gutter installation, striping, sidewalks, pavers, irrigation systems, lighting and landscaping; and
waterway improvements and maintenance.
Vertical P rojects include, but are not limited to: new construction, alteration, renovation and
rehabilitation of City property and facilities; capital maintenance; expansion of park and recreational
facilities, community and day care centers, administrative offices and facilities, fire stations and support
facilities, police facilities, , other performance venues, marinas, etc.
Projects that will be awarded under the JOC Contracts will typically be less than $1,000,000 and may
cover a wide variety of projects.
Bidder is not required to self -perform a certain percentage of the physical construction Work for vertical
contracts. Bidder must be capable of self -performing at least thirty percent (30%) of the physical
construction Work for horizontal contracts, .
GIP anticipates awarding six (6) contracts for horizontal construction, each with an estimated annual
value of $2,000,000, and six (6) contracts for vertical construction, each with an estimated annual value
of $2,500,000. The City reserves the right to award fewer contracts or additional contracts if determined
to be in the best interest of the City. The City reserves the right to limit the number of contracts held by a
Contractor, if in the best interest of the City.
The term of this Contract shall be for two (2) years commencing on the effective date hereof. The City,
by action of the City Manager, and the Contractor shall have the bilateral option to extend the term for
two (2) additional periods of one (1) year each, subject to continued satisfactory performance as
determined by the Director, and subject to the availability and appropriation of funds.
7
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
CIP has scheduled a non -mandatory pre -bid conference which will be held at the following date, time
and location:
Location: City Hall, City Commission Chambers, 1st Floor
3500 Pan American Way
Miami, FI. 33133
Date/Time: April 23, 2012 / 9:30 am — 11:30 am
Although attendance is not mandatory, the City strongly encourages prospective bidders to attend.
Minimum Requirements: To be awarded a Contract for vertical construction Bidders shall hold a current
active State of Florida Certified General Contractor license or a Certified Building Contractor license. To be
awarded a Contract for horizontal Construction a bidder shall hold a current active State of Florida Certified
General Contractor license or General Engineering Contractor's Certificate of Competency issued by Miami -
Dade Couhty's Construction Trades Qualifying Board.
Bidders must have a minimum of five (5) years experience under its current business name, in the
construction of. similar Projects as described for the applicable Contractherein, including six (6) separate
project references valued at $200,000 or 'greater in the last two years: The Bidder must meet all the
minimum requirements as stated above, no exceptions.
The ITB Documents can be obtained on or after April 10, 2012, by visiting the Department of Capital
Improvements Program's website:
http://www.m iamloov.com/Capitallmprovements/pages/Procure mentOpportunities/Default.asp
There will be CD's containing these the Bid documents, available at the City of Miami -Capital Improvements
Program Office at 444.SW 2nd Avenue, 8th Floor, Miami, Florida 33130 on weekdays between 9:00 AM-12:00
PM ONLY beginning on April 10, 2012. There is a $25.00 non-refundable cost for the Bid CD's. Payment
must be in, the form of a check, money order, or exact cash. Please Contact Cecelia Wilson
(cwilson(cr�miamigov.com).
It is the sole responsibility of all firms to ensure the receipt of any addendum and it is recommended
that firms periodically check the CIP webpaqe for updates and the issuance of addenda
All bids shall be submitted in accordance with the Instructions for Submission. Bids must be submitted in
duplicate originals at the time, date, and place above and will be publicly opened. Any bids received after
the time and date specified will not be considered. The responsibility for submitting a bid/proposal before
the stated time and date is solely and strictly that of the Bidder. The City is not responsible for any delay,
late or mis-delivered Bids, no matter the cause.
YOU ARE H EREBY ADVISED T HAT THIS I NVITATION TO BI DISS UBJECT TO THE " CONE 0 F
SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271 CODIFIED AS CITY CODE 18-74, MIAMI
CITY CODE.
City Manager
Johnny Martinez, P.E. DP# 009115
8
Job Order Contracts (JOC) For Horizontal .
And Vertical Construction Bid No.: 11-12-017
Section 1 — Instructions for Submission
9. Intention of City
It is the intention of City to describe in this Invitation to Bid ("ITB") the Job Order Contracts
(JOC) and related JOC program administered by the City that will be used to procure
Project(s) to be completed in accordance with all codes and regulations governing all the
Work to be performed under the Contract. Any work, labor,' materials and/or equipment,
and management that may reasonably be inferred from the Contract as being required to
produce' the intended results shall be supplied by Contractor whether or not specifically
called for in the Contract Documents. Where words, which have 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 specified in this ITB consists of furnishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials, and management and other services, and
incidentals necessary to perform the following Work at a rate of progress that will ensure
completion of the Work within the stipulated Job Order Completion Time.
A Job Order Contract (JOC) is an indefinite delivery, indefinite quantity contract pursuant to
which the Contractor will perform an ongoing series of individual Projects at different
locations, often simultaneously, at various City owned or controlled locations. The ITB
Documents include a Construction Task Catalog® (CTC) containing construction tasks with
pre -established Unit Prices. All Unit Prices are based on local labor, material and
equipment prices and are intended to reflect the direct cost of construction (excludes
overhead and profit). Individual Projects are awarded on an as needed basis. JOC is one
method used by the City to award construction Projects and the City reserves the right to
use any method, including JOC that is available to the City. The award of a JOC Contract
does not provide any guarantee, exclusivity, or right to the award of any Project(s) from the
City.
• Horizontal Proiects include, but are not limited to: new construction repair, maintenance,
and/or reconstruction of underground storm and/or sanitary sewer systems and
components such as pump stations, force mains, injection wells and disposal outfalls;
rights -of -way and streetscape improvements (roads, sidewalks and swale areas)
including, without limitation, street grading, pavement milling, paving, curb and gutter
installation, striping, sidewalks, pavers, irrigation systems, lighting and landscaping; and
waterway improvements and maintenance.
• Vertical Proiects include, but are not limited to: new construction, alteration, renovation,
and rehabilitation of City owned or leased property and facilities; capital maintenance;
expansion of park and recreational facilities, community and day care centers,
administrative offices and facilities, fire stations and support facilities, police facilities,
other performance venues, marinas, etc.
3. Location of Proiect(s)
Project(s) will be located anywhere within the boundaries of the City.
9
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
4. Performance of the Work
Bidder must be capable of self -performing at least thirty percent (30%) of the physical
construction Work for horizontal contracts. No brokering of Work or construction licenses
will be permitted. Brokering of a construction licenses is not permitted under the Florida
Statutes. By submitting a Bid the Bidder certifies that it will utilize its own employees to
meet this requirement. Where the City determines that Contractor is not meeting this
requirement during the performance of the Work on any Project the Contractor shall be
deemed in default of the Contract and the City reserves the right to not award any future
Project(s) to the Contractor or take any other necessary and appropriate action permitted
by law or by the Contract Documents.
As part of the Bid the Bidder must submit the form entitled "Questionnaire". Failure to
complete and submit this form or to meet this requirement shall result in the Bid being
deemed non -responsive.
Bidder is not required to self -perform a certain percentage of the physical construction Work
for vertical contracts.
5. Examination of Contract Documents
It is the responsibility of each Bidder, before submitting a response to this ITB to:
• Carefully review the Bid Documents, including any Addendum and notify the City of
all conflicts, errors or discrepancies.
• 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.
In addition to the documents identified in Article 1, Definitions, of the General Terms &
Conditions the ITB Documents include:
VOLUME I: Project Manual
VOLUME II: Construction Task Catalog®
VOLUME III: Technical Specifications
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, theresponse 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 shall 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 Capital Improvements Program (CIP) in
writing, to the attention of Cecelia Wilson, cwilson(a�miamiciov.com.
Interpretations or clarifications considered necessary by CIP in response to such questions
will be issued by the City by means of Addendum posted on the CIP webpage. Written
questions should be r eceived no I ess than ten (10) calendar days prior to the date
Bids are due. There shall be no obligation on the part of CIP to respond to questions
received less than ten (10) calendar days prior to Bid opening.
10
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
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:
BID NO.: 11-12-017
BIDS FOR: Job Order Contracts (JOC) For Horizontal and Vertical Construction
Bidders must submit two originals. Failure to submit two originals may result in the reject of
the Bid as non -responsive.
8. Bid Guaranty
All Bids shall be accompanied by either an original Bid 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 drawn on a local bank, treasurer's check or bank
• draft of any national or state bank (United States), in the amount of $125,000 for vertical
contracts and $100,000 for horizontal contracts, payable to City of Miami, Florida, and
conditioned upon the successful Bidder(s) executing the Contract and providing the
required insurance within fifteen (15) calendar days after notification of award of the
Contract. The time for execution of the Contract and provision of the Certificate(s) of
Insurance may be extended by the City's Capital Improvements Program at its sole
discretion. Bid securities of the unsuccessful Bidders will be returned after award of the
Contract(s). 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, Payment Bond and Certificate(s) of Insurance.
9. Preparation of Bid
Bidders may choose to bid a set of Adjustment Factors for the horizontal construction
contract or the vertical construction contract, or both contracts (provided they meet the
minimum requirements applicable to both the horizontal and vertical contracts).
The Bid Form requires that Bidders submit two (2) Adjustment Factors. The Adjustment
Factors are applied to the Unit Prices in the Construction Task Catalog® (CTC). Each
Bidder shall submit the following Adjustment Factors for Work to be performed:
• During Normal Construction Working Hours;
• During Other Than Normal Construction Working Hours;
The Adjustment Factor(s) must be expressed as a percentage increase to or decrease from
the Construction Task Catalog®. The Adjustment Factors shall be to the fourth decimal
place (i.e. a 5% increase would be expressed as an Adjustment Factor of 1.0500 and a 5%
decrease would be expressed as an Adjustment Factor of 0.9500).
One set of Adjustment Factors shall apply to the horizontal contract and one to vertical
contract.
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 Bid
is non -responsive
A Bid will be considered non -responsive if it 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, transportation,. management,
equipment including, but not limited to, tools, services, applicable taxes, overhead and profit
11
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
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 ail 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 non -mandatory conference will be held on April 23`d, 2012, 9:30 am — 11:30 am at City of
Miami, City Hall Commission Chambers, 3500 Pan American Drive, 1st floor, Miami, FL
33133, to discuss this solicitation. Since space is limited, it is recommended that no more
than 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. Copies of the solicitation will not be available at the pre -bid conference.
Although attendance is not mandatory, the City strongly encourages prospective bidders to
attend.
11. Postponement of Bid Opening Date
The City reserves the right to postpone the date for receipt and opening of submissions and
will make a reasonable effort to give prospective Bidders at least five (5) calendar day's
notice of any such postponement.
The City shall make reasonable efforts to issue addenda within five (5) calendar days prior
to the due date.
12. Acceptance or Rejection of Bids
The City reserves the right to reject any or all Bids prior to award. The City reserves the
right at its sole discretion to waive minor informalities or irregularities in the Bid.
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 Bid amount (Adjustment Factors) 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 Capital Improvements Program prior to
award of the Contract by the City Commission. Once the City Commission approves the
award, the Bid cannot be withdrawn under this Article.
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 failure to submit 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 anticipates awarding up to six (6) Contracts for horizontal construction and six (6)
Contracts for vertical construction. The City reserves the right to award fewer contracts or
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Job Order. Contracts (JOC) For Horizontal
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Bid No.: 11-12-017
additional contracts if determined to be in the best interest of the City. The City reserves the
right to limit the number of contracts held by a Contractor, if in the best interest of the City.
The City will issue the award of the Contracts to the lowest responsive and responsible
Bidder(s). The City shall utilize the Adjustment Factors submitted by the Bidders for
determining the lowest responsive and responsible Bidder(s).
The City will rank the bidders based on their award criteria figures. The City intends to
average the Normal Construction Working Hours and the Other Than Normal Construction
Working Hours Adjustment Factors of the six (6) lowest responsive and responsible bidders
for horizontal construction to determine the actual Adjustment Factors that the City will
pay/award for horizontal construction. The City intends to average the Normal Construction
Working Hours and the Other Than Normal Construction Working Hours Adjustment
Factors of the six (6) lowest responsive and responsible bidders for vertical construction to
determine the actual Adjustment Factors that the City will pay/award for vertical
construction. If t he City elects to average t he bids as descr ibed above, each of the
lowest r esponsive and r esponsible b idders as i dentified abov e f or v ertical and
horizontal construction will' be offered the 'opportunity to enter into a Contract with
the City at the average Adjustment Factors (calculated on the basis as described
immediately above) calculated by the City. The City reserves the right to pay/award
the cont racts based • on act ual b ids r eceived, instead of t he av erages descr ibed
above.
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 Bidder 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 by the Bidder and past performance on
City projects.
In accordance with City Code Section 18-85(a), when a responsive, responsible non -local
bidder submits the lowest bid price, and the bid submitted by one or more responsive,
responsible local bidders who maintain a local office, as defined in City Code Section 18-
73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that
non -local bidder and each of the aforementioned responsive, responsible local bidders shall
have the opportunity to submit a best and final bid equal to or lower than the amount of the
low bid previously submitted by the non -local bidder. Contract award shall be made to the
lowest responsive, responsible bidder submitting the lowest best and final bid. In the case
of a tie in the best and final bid between a local bidder and a non -local bidder, contract
award shall be made to the local bidder. For the purpose of complying with this Code, the
15% differential shall be calculated on the basis of the Adjustment Factors submitted by
Bidders (not the average Adjustment Factor calculated by the City).
A Post Office box or working from a private residence will not be considered as maintaining
a local office, unless the owner of the private residence possesses a current and valid City
of Miami Occupation Licenses / Certificates of Use for the -business at the address of the
private residence.
Where the solicitation contains multiple line items for separate projects or where the
solicitation requires a Bidder to submit detailed price information or multiple line item pricing
a Bid may be rejected as an unbalanced bid.
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.
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Job Order Contracts (JOC) For Horizontal
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The City, at 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 or any other
public agency affiliated with the City or which has contracted with the City in the past.
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 a Bidder, such Bidder may be declared non -responsible.
15. Bid Protest
Any actual or prospective contractual party who feels aggrieved in connection with the
solicitation or award of a contract may protest in writing to the Director of Purchasing/Chief
Procurement Officer who shall have the authority, subject to the approval of the City
Manager and the City Attorney, to settle and resolve a protest with 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 of the City Code 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.
NOTE: Paragraphs 16. Local, Small and Disadvantaged Firm Participation,
17, First Source Hiring Agreements and 18. Local and Minority/Woman
Participation Reporting in Contract Section 1 — Instructions for Submission are
hereby deleted and shall have no force or effect with respect to this
Project.
i) The New Paragraph 16. in Contract Section 1 — Instructions for Submission is
as follows:
1.6. Local Workforce Participation
a) Respondents must employ a minimum of fifteen percent (15%) of on -site
labor from persons residing within the municipal boundaries (e.g. city limits)
of the City. The City residency of the onsite labor component will be subject
to verification by the issuing department.
b) Five percent (5%) of the bid amount shall be retained by the City for the
requirements until said requirements are fulfilled and verified within six (6)
months of Contract completion pursuant to Ordinance No. 13332. Failure to
comply with the Local Workforce requirements pursuant to Ordinance No.
13332 within six (6) months of Contract completion shall result in the
forfeiture of the retained amount to the City.
c) These requirements are applicable to the Job Order Contracts for Horizontal
and Vertical Construction project.
d) The Contractor will be required to hold one (1) job fair within the local
community for projects with a bid amount between $1,000,000 and
$2,000,000.
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Job Order Contracts (JOC) For Horizontal
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e) The Contractor will be required to hold two (2) job fairs within the local
community for projects with a bid amount greater than $2,000,000.
f) The Contractor shall coordinate job fairs and hiring initiatives with South
Florida Workforce.
• g) The Contractor shall retain the services of an independent third party to
verify and certify compliance with these requirements on a quarterly basis in
accordance. with Ordinance No. 13332. Said third party shall be unaffiliated
with the respondent and be properly licensed under the provisions of F.S.
454, 471, 473, or 481. The person performing the verification shall have a
minimum of two (2) years of prior professional experience in contracts
compliance, auditing, personnel administration, or field experience in payroll,
enforcement, or investigative environment. The cost for this verification shall
be included in the related Contract costs.
h) The Local Work Force Participation requirements are applicable on work
orders greater than $100,000 and for projects with a duration time longer
than 120 days, at the discretion of the CIP Director and/or his designee.
ii) The New Paragraph 17. in Contract Section 1 — Instructions for Submission is
as follows:
17. Community Small Business Enterprise ("CSBE")
a) Respondents must assign a minimum of fifteen percent (15%) of the
Contract value to a respondent or to a construction . related enterprise
currently certified by Miami -Dade County as a Community Small Business
Enterprise (CSBE) as set forth in Sec. 10-33.01 and Sec. 10-33.02 of the
Miami -Dade County Code.
b) Five percent (5%) of the bid amount shall be retained by the City for the
CSBE requirements until saidrequirements are fulfilled and verified within
six (6) months of Contract completion pursuant to Ordinance No. 13331.
Failure to comply with the CSBE requirements pursuant to Ordinance No,
13331 within six (6) months of Contract completion shall result in the
forfeiture of the retained amount to the City. This five percent (5%) retainage
is included within the ten percent (10%) retainage normally withheld by the
City.
c) Respondents who are deemed responsive and responsible to the
requirements of the Invitation to Bid and subsequently awarded a Contract
shall retain the services of an independent third party to verify and certify
compliance with these requirements on a quarterly basis in accordance
with Ordinance No. 13331. Said third party shall be unaffiliated with. the
respondent and be properly licensed under the provisions of F.S. 454, 471,
473, or 481. The person performing the verification shall have a minimum of
two (2) years of prior professional experience in contracts compliance,
auditing, personnel administration, or field experience in payroll, enforcement,
or investigative environment. The cost for this verification shall be included in
the related contract costs.
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Job Order Contracts (JOC) For Horizontal
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d) These requirements are applicable to the Job Order Contracts for Horizontal
and Vertical Construction project.
e) The Small Business Enterprise Participation requirements are applicable on
work orders greater than $100,000.and for projects that have a duration time
longer than 120 days, at the discretion of the CIP Director and/or his
designee.
18. Cone of Silence
Pursuant to Section 18-74 of the City of Miami 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 be submitted 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
marciamiamiqov.com.
This language is only an overview of the requirements of the Cone of Silence. Please
review Section 18-74 of the City of Miami 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.
19. Public Entity Crime
Any person, individual, corporation, entity, 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 Twofor a period of 36 months from the date of being placed on the convicted
Bidder / Bidder list.
20. Fraud and Misrepresentation
Any person, individual, corporation, entity or affiliate 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. 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.
21. Collusion
Where two (2) or more related parties, as defined in this Article, 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.
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Job Order Contracts (JOC) For Horizontal
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22. Contractor in Arrears or Default
The Contractor represents and warrants that the Contractor is not in arrears to the City and
is not a defaulter as a surety or otherwise upon any obligation to the City. In addition the
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 to the City or otherwise in
debt or default to the City at the time and date Bids are due.
23. 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.
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Job Order Contracts (JOC) For Horizontal
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Section 2 — General Terms and Conditions
1. Definitions
.Adjustment Fact or means the Contractor's bid price adjustment to the unit prices as
published in the Construction Task Catalog®. The Adjustment Factors cover all overhead,
profit, including all direct and indirect administrative costs, depreciation of equipment and
materials, and the fixed capital cost of money.
Basis of ID esign 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.
Bid D ocuments or ITB D ocuments means all documentation issued to Bidders as
described in Article 6 of the Instructions for Submission, and any addendum thereto.
Change Order or Supplemental Job 0 rder means a Job Order issued to add, delete or
modify the Detailed Scope of Work, Job Order Amount or Job Order Completion Time
related to an existing Job Order.
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 of Miami.
City Manager means the duly appointed chief administrative officer of the City of Miami.
Commissioning means the employing total building commissioning practices tailored to
the size and complexity of the building site, building and its system components in order to
verify performance of all components and systems and help ensure that design
requirements are met. This includes a designated commissioning authority a
commissioning plan, verification of the installation and performance of systems ,to be
commissioned, and a commissioning report.
Construction Task Catalog® or CTC means Volume II of the ITB Documents containing a
comprehensive listing of specific construction or construction related tasks together with a
specific unit of measurement and a unit price.
Completed P roject(s) means a project for which the applicable regulatory authority has
issued a Temporary Certificate of Occupancy or Completion, or a Final Certificate of
Occupancy or Completion.
Consultant means a firm that has entered into a separate agreement with the City for the
provision of architectural and/or engineering services for a Project.
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Job Order Contracts (JOC) For Horizontal
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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.
Contract A mount means the maximum amount the City may pay the Contractor each
year, under this Contract, for all tasks assigned under a Job Order Book.
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 a Contract awarded through this ITB.
Contract D ocuments means the Contract as may be amended from time to time, ITB
Documents and all related addenda and clarifications, Job Order Books, Job Orders,
Detailed Scopes of Work including any plans and drawing, directives, Supplemental Job
Orders, purchase orders, payments, performance and payments bonds, certificates of
insurance and other such documents issued under or relating to the Contract.
Construction Change Directive means a written directive to effect changes to the Work,
issued by the • Project Manager that may affect the ' Job Order Amount or Job Order
Completion Time.
Construction Schedule or Progress Schedule means a critical path schedule or other
construction schedule, as defined and required by the Contract Documents,
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, to 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
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 P eriod 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.
Days means calendar days unless otherwise stated.
Design Documents means the construction plans and specifications that may be included
as part of a Detailed Scope of Work prepared by the Consultant for any Project(s) under a
separate Agreement with the City.
Detailed Scope of Work means the document and related drawings, Specifications, and
writings referenced therein which together set forth the specific requirements and items of
Work and effort to be accomplished by the Contractor in connection with a specific Job
Order.
Director means the Director of the Capital Improvements Program or designee, who has
the authority and responsibility for managing the Project(s) under this Contract.
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 D irective means a written approval for the Contractor to proceed with Work
requested by the City, which is minor in nature and typically should not involve additional
cost.
Final Completion means the date subsequent to the date of Substantial Completion at
which time the Contractor has completed all the Work in accordance with the Contract
Documents as certified by the Consultant and/or the City and submitted all documentation
required by the Contract Documents.
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Job Order Contracts (JOG) For Horizontal
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Guaranteed Maximum Cost means the sum established by these Contract Documents as
the maximum cost to the City of performing the specified Work on the basis of the cost of
labor and materials plus overhead expenses and profit.
Incidental S cope D ocumentation S ervices means the Contractor provided services
assisting in the development and. documentation of the Detailed Scope of Work, which
includes sketches, minor calculations, shop drawings, maintenance of traffic drawings, and
material specifications. Incidental Scope Documentation Services specifically exclude
signed and stamped drawings.
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.
Integrated Design or IDP means the use of a collaborative, integrated planning and design
process consistent with ASTM E 2348, Standard Guide for Framework for a Consensus -
based Environmental- Decision- making Process that initiates and maintains an integrated
project team in all stages of a project's planning and delivery; establishes performance
goals for siting, energy, water, materials, and indoor environmental quality along with other
comprehensive design goals; and, ensures incorporation of these goals throughout the
design and lifecycle of the building; and considers all stages of the building's lifecycle,
including deconstruction.
Job Order means the process through which the City requests a Job Order price proposal
and awards a Project to the Contractor. The Job Order, at a minimum, includes the
detailed Scope of Work for the Project, any plans and specifications, the schedule, any
special contractual provisions, the Job Order Price Proposal, the Job Order Book and the
purchase order.
Job Order Amount means the amount indicated on each specific Purchase Order,
Job 0 rder B ook means the book prepared by the City that contains the approved
Contractor Price Proposal, Job Order Amount, Detailed Scope of Work, Job Order
Completion Time, approved Progress Schedule and Job Order Completion Time, amount of
Liquidated Damages (if any) and any other documents necessary for the City to approve
the Job Order and issue a Purchase Order to the Contractor for a Project.
Job Order Completion Time means the period of time allotted for the Contractor to
achieve Final Completion of a Job Order.
Job 0 rder C ontract means a competitively bid, indefinite quantity Contract for
accomplishing construction and construction related services. Work is accomplished
through the issuance of individual Job Orders against the Contract. Each Job Order issued
under the JOC will be a firm fixed priced order for accomplishing specific Construction
Tasks enumerated in a Detailed Scope of Work.
Joint Scope M eeting means the joint activity that takes place with the City's Project
Manager and the Contractor to review the Detailed Scope of Work related to a specific Job
Order before it is finalized and Issued to the 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.
Non-Prepriced Tasks mean Work tasks required to complete a Detailed Scope of Work
that are not included in the Construction Task Catalog® but are within the general scope
and intent of the Contract Documents. Non-Prepriced Work tasks shall be separately
identified and submitted in the Price Proposal.
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Job Order Contracts (JOC) For Horizontal
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. Normal Construction Working Hours means the hours where construction operations are
normally allowed within the City of Miami as stipulated by the most recent City Code in
effect. Presently, 8:00 AM - 6:00 PM, Monday through Friday and non -City -recognized
holidays.
Notice To P roceed 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).
Other Than Normal Construction Working Hours means the hours where construction
operations are not normally allowed within the City of Miami as stipulated by the most
recent City Code in effect. Presently, 6:00 PM - 8:00 AM, Monday through Friday, and
anytime Saturday, Sunday and City -recognized holidays.
Plans and/or Drawings means the official graphic representations of a Project(s).
Pre -Priced Task means a task included in the Construction Task Catalog® for which a Unit
Price has been established.
Price Proposal means the Contractor prepared document quoting fixed price and schedule
for the completion of the Detailed Scope of Work referenced in the Request for Price
Proposal that must be completed in Progen®.
Price P roposal P ackage means a set of documents including at least: (1) a Price
Proposal; (2) a proposed Progress Schedule; (3) a list of proposed Subcontractors
indicating ; (4) sketches, drawings, or layouts; and any other products of the Incidental
Scope Development Services and (5) required Submittals, including but not limited to,
technical data or information on proposed materials or equipment.
Project S chedule or Progress S chedule means a critical path or bar chart schedule
submitted by the Contractor and subject to approval by the City showing the overall Job
Order CompletionTime and subdivided for each critical operation therein.
Project or Wo rk as used herein refers to all reasonably necessary and inferable and
necessary 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 (RFl) 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 or interpretation 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.
Request f or P rice P roposal ( RFPP) means the document issued by the City which
formally requests the Contractor to prepare a Price Proposal for a Detailed Scope of Work.
Site means the area upon or in which the Contractor's operations are carried on, and such
other areas adjacent thereto as may be designated as such by City's Project Manager.
Specifications mean all of the directions, requirements and standards of performance
applying to the Work as detailed and designated in the Volume III of the ITB documents and
any modifications or supplement thereto. The Specifications are numbered and organized
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Job Order Contracts (JOC) For Horizontal
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in the Construction Specification Institute's (CSI) master format and are filed per CSI
guidelines.
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.
Unit P rice means the price published in the Construction Task Catalog® for a specific
construction or construction related task. The Unit Prices are fixed for the duration of the
Contract. Each unit price is comprised of the labor, equipment and materials costs to
accomplish that specific task.
Work means the completed construction required by the Contract Documents, including all
labor necessary to produce such construction and all materials, supplies and equipment
incorporated or to be incorporated in such construction.
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 Project following completion of the Work.
In agreeing to bear the risk of delays for completion of the Work except for extensions
approved in accordance with Article 72, Excusable Delays, Non-Compensable, 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 Job Order Completion 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 material persons, Subcontractors, suppliers, 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(s) to ensure
the timely completion of the Work.
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Job Order Contracts (JOC) For Horizontal
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3. Contract Term; Contract Price
The term of this Contract shall be for two (2) years commencing upon execution of the
Contract by the City. The City, by action of the City Manager, and the Contractor shall have
the bilateral option to extend the term for two (2) additional periods of one (1) year each,
subject to continued satisfactory performance as determined by the Director, and subject to
the availability and appropriation of funds. The Contract shall terminate upon notice by the
City that the Contract has been closed -out after Final Completion of all Projects awarded
under the Contract or otherwise terminated by the City pursuant to the terms and conditions
herein set forth. The Contract Amount shall not exceed an annual maximum of $2,000,000
for horizontal construction and $2,500,000 for vertical construction.
4. Notices
Whenever either party desires to give written notice unto the other relating to the Contract,
such must 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 deemed given on the
date received or within 3 days of mailing, if mailed through the United States Postal
Service. Notice shall be deemed given on the date sent via e-mail or facsimile. Notice
shall be deemed given via courier/delivery service upon the initial delivery date by the
courier/delivery service. For the present, the parties designate the following as the
respective places for giving of notice:
For City of Miami:
Mr. Mark Spanioli, P.E.
Director
Capital Improvements Program
City of Miami
444 S.W. 2nd Avenue, - 8th Floor
Miami, Florida 33130
Mr. Jeovanny Rodriguez, P.E.
Assistant Director
Capital Improvements Program
City of Miami
444 S.W. 2nd Avenue, - 8th Floor
Miami, Florida 33130
For Contractor:
(Various)
During the Work the Contractor shall maintain continuing communications with Consultant
(if any) 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;
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Job Order Contracts (JOC) For Horizontal
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• Revisions and Change Orders to the Contract shall govern over the Contract
• The Contract Documents shall govern over the Contract
• Addendum to an ITB shall govern over a ITS
. 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
• Specifications of the City, state or federal governments shall prevail over the
Technical Specifications, Volume III
• Job Order shall prevail over the Technical Specifications, Volume III
• Schedules, when identified as such shall govern over ail 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 and hold harmless the City, its officials, officers, agents,
directors, and/or employees, from liabilities, damages, judgments and costs, including, but
not limited to reasonable attorney's fees, to the extent caused by the, recklessness or
intentional wrongful misconduct of Contractor and persons employed or utilized by
Contractor in the performance of this Contract. The Contractor shall, further, hold the City,
it's officials and/or employees, harmless for, and defend the City, its officials, and/or
employees against, any civil actions, statutory or similar claims, injuries or damages arising
or resulting from the permitted work, 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
interpretation, which conforms to the limitations of §725.06 and/or §725.08, Fla. Statutes,
as applicable.
Contractor shall r equire all S ub-Contractor a greements t o include a pr ovision t hat
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
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Job Order Contracts (JOC) For Horizontal
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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 (all insurance premium costs to be considered overhead necessary, to be
covered in Bidder's Adjustment Factor), 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's set forth herein.
7.1 Workers' C ompensation 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
7.2 Employers' Li ability with a limit of One M illion D ollars ($1,000,000.00)
Dollars each bodily injury caused by an accident, each accident. One
Million D oilers ( $1,000,000.00) Dollars each bodily injury caused by
disease, each employee. One Million Dollars ($1,000,000.00 Dollars each
bodily injury caused by disease, policy limit.
7.3 Commercial General Liability (CGL) (Primary & Non Contributory) with
minimum limits of One Million D oilers ( $1,000,000.00) per occurrence
combined single limit for Bodily Injury Liability and Property Damage Liability,
with a 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 Employees included as insured
o Contingent Liability/independent Contractors Coverage
o Contractual Liability
o Waver of Subrogation
o Premises and/or Operations
o Explosion, Collapse and Underground Hazards
o Loading and Unloading
o Mobile Equipment (Contractor's Equipment) whether owned,
leased, borrowed or rented by Contractor or employees of the
Contractor.
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Job Order Contracts (JOC) For Horizontal
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City is to be expressly included as an Additional I nsured pursuant to
endorsement number CG 2010 11/85 or its equivalence.
7.4 Business Automobile Liability,with minimum limits of One Million Dollars
($1,000,000.00) per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Business Automobile
Liability policy, without restrictive endorsements, as filed by the Insurance
Services Office, and must include:
• Auto/All Owned Autos/Scheduled.
• Hired, Borrowed, and Non -Owned Vehicles.
• Employers' Non -Ownership.
■ Employees included as insured
■ City of Miami as 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) each occurrence and an aggregate limit of
Three Million Dollars ($3,000,000).
Excess coverage over the policies as follows:
• Commercial General Liability
■ Business Automobile Liability
• Employer's Liability
City of Miami is listed as an additional insured.
7.6 Builder's Risk (if applicable)
Causes of Toss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost Deductible: $2,500, AII other Perils 5%
maximum on Wind, City.of Miami included as an Additional Insured.
A. As provided by Carrier
• Materials, supplies and similar property owned by others for which you are
responsible.
• Full coverage up to policy limits for equipment breakdown.
• Temporary storage/transit coverage.
• Full coverage up to policy limits for site preparation, re -excavation, re -
preparation and re -grade in the event of a loss,
• Fences, scaffolding, construction forms coverage and signs
• Valuable papers coverage for blueprints, site plans and similar documents.
• Trees, shrubs, sod, plants while at premises.
• Earthquake
• New ordinance or law; reimbursement for any resulting loss of value to the
undamaged portion, and required demolition expenses, including
construction necessary to repair, rebuild or re -construct damaged parts.
• Temporary structures, cribbing and false work built or erected at
construction site.
• Unintentional errors and omissions in reporting clause
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Job Order Contracts (JOC) For Horizontal
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• Full coverage up to policy limits for testing including physical loss caused
by pneumatic and hydrostatic testing.
• Debris Removal.
• Applicability shall be determined (solely by the City) on a Project by Project
basis and communicated to the Contractor in the RFPP. The Contractor
shall provide insurance certificates evidencing required coverage's in'a
timely manner.
7.7 Installation Floater (if applicable)
Required for the installation of machinery and/or equipment into an existing
structure is required. The coverage shall be "All Risk' coverage 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
Five Thousand Dollars ($5,000.00) each claim. Applicability shall be
determined (solely by the City) on a Project by Project basis and
communicated to the Contractor in the RFPP. The Contractor shall provide
insurance certificates evidencing required coverage's in a timely manner.
7.8 Flood Insurance (If applicable)
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. Applicability shall be determined (solely
by the City) on a Project by Project basis and communicated to the Contractor in the
RFPP. The Contractor shall provide insurance certificates evidencing required
coverage's in a timely manner.
7.9 Pollution Liability Insurance (If applicable)
When the Work to be performed for a Project includes abatement, encapsulation, or
other activities involving hazardous materials, certificates of insurance evidencing
appropriate coverages (i.e., Pollution Liability Insurance) with coverage amounts,
endorsements, additional named insureds, etc., deemed satisfactory (in the sole
judgment of the City). The insurance coverage may be provided by the appropriately
qualified and licensed Subcontractor. Applicability shall be determined (solely by the
City) on a Project by Project basis and communicated to the Contractor in the RFPP.
The Contractor shall provide insurance certificates evidencing required coverage's in a
timely manner.
The City may require the Contractor to provide Builder's Risk Insurance, Installation
Floater, FI ood 1 nsurance, P ollution LI ability Insurance and /or any other addi tional
insurance required by t he City, as det ermined by the C ity on a J ob 0 rder by Job
Order Basis. The cost of all activities required to obtain the insurance(s) will be at the
Contractor's expense. However, all such costs incurred by the Contractor to acquire
and pr ovide t he addi tional insurance(s) will be treated as a cont ract cos t
reimbursable. T he C ontractor will be al lowed t o i nclude t he app Iicable I ine i tems
from the Construction Task Catalog' in their Price Proposal, supported by
documented receipts, to receive a dollar -for -dollar reimbursement (no markup).
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.
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Job Order Contracts (JOC) For Horizontal
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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 shal I furnish t o the C apital I mprovement Program t he Certificates o f
Insurance or endor sements evidencing t he i nsurance coy erage for W orker's
Compensation, E mployers' LI ability, C ommercial General Li ability, B usiness
Automobile Liability and the Umbrella Policy 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
Contractor in accordance with Section 2, General 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.
8. Performance and Payment Bond
The Contractor, with the submission of its first Price Proposal, shall furnish a Performance
Bond and Payment Bond ("Bond") containing all the provisions of the attached Performance
Bond and Payment Bond forms. Failure to provide the Bonds shall result in removal of the
Contractor from the JOC Program.
The initial Bond shall be in the amount equal to 50% of the estimated annual value of each
contract (i.e. $1,000,000 for the horizontal construction contract and $1,250,000 for the
vertical construction contract) 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 for Project(s) issued under the JOC Program. Each Bond
shall be with a Surety, which is qualified pursuant to Article 9, Qualification of Surety.
The Bonds shall continue in effect for one year after Final Completion and acceptance of
each Project with liability equal to one hundred percent (100%) of the dollar value of
Purchase Orders issued under the Contract, 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).
If for any reason, such bond amounts cease to be adequate to cover the dollar value of Job
Orders issued and/or uncompleted Work, the Contractor shall, at its own expense, furnish
an additional bond or bonds. In such event, no further payments to the Contractor shall be
deemed to be due, or new Job Orders issued under the Contract until such new or
additional security for faithful performance and payment is furnished by the Contractor in
amount, manner and form satisfactory to the City.
The Contractor shall incorporate all costs for complying with the Payment and Performance
Bond requirements of the Contract in its overhead assumptions and calculations
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Job Order Contracts (JOC) For Horizontal
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Bid No.: 11-12-017
incorporated into its Adjustment Factor at the time of Bid. No other means of compensation
shall be provided to the Contractor for the compliance with the Contract's bonding
requirements.
The City must be listed as an Obligee.
Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as 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 $2 million, provided, however, that if any surety company appears on the
watch list that is published quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the City shall review and either accept or reject the surety company
based on the financial information available to the City. A surety company that is
rejected by the City may be substituted by the Bidder or proposer with a surety
company acceptable to the City, only if the bid amount does not increase. The following
sets forth, in general, the acceptable parameters for Bonds:
Amount of Bond (U$).
Bonding Company Rating
Size Category
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
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Job Order Contracts (JOC) For Horizontal
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Bid No.: 11-12-017
25,000,001 to 50,000,000
A
Class VI
50,000,001 or more
A
Class VII
More stringent requirements of any grantor agency are set forth within the RFP. 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 shall perform the work complete, in place, and ready for continuous service,
and shall include repairs, testing, permits, clean-up, replacements, and restoration required
as a result of damages caused during this construction.
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.
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.
All newly constructed work shall be carefully protected from injury in any way. No wheeling
or walking or.,placing of heavy loads on it shall be allowed and the Contractor at its own
expense shall reconstruct all portions damaged.
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
will ensure the least practicable local interference. Contractor shall not 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
section.
Contractor is to take necessary precautions and use caution when working in or around
overhead transmission lines and underground utilities.
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.
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Job Order Contracts (JOC) For Horizontal
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The apparent silence of the Contract Documents as to any detail, or the apparent omission
from there 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
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 the best general practice is to
prevail and that only material and workmanship of the best quality is to be used, and
interpretation of the Contract Documents shall be made upon that basis.
When measurements are affected by conditions already established or where items are to
be fitted into constructed conditions, it shall be the Contractor's responsibility to verify all
such dimensions at the site and the actual job dimensions shall take precedence.
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 Job Order 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.
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 Subcontractor can be 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 Work is
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 Cityoperations 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
Consultant prior to the start of construction and issuance of the Notice to Proceed. Such
staging plan shall be revised and resubmitted as necessary during construction.
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Job Order Contracts (JOC) For Horizontal
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13. Site Investigation and Representation
Prior to the submission of a Price Proposal, Contractor shall satisfy itself as to the nature
and location(s) of the Work under the Contract Documents, the general and local
conditions, particularly 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 and
all other matters which can in any way affect the Work or the cost thereof under the
Contract Documents.
The Contractor shall also satisfy 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.
If applicable, the 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 that may be required 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 any plans,
specifications or other data received from Project Manager or Consultant as part of a
Detailed Scope of Work or other documentation associated with a Job Order, 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
by 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.
16. 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 re -sodded, or the area where sod has been
removed shall be restored with new sod in the manner described in the applicable section.
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Job Order Contracts (JOC) For Horizontal
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Fences - Any fence, or part thereof, that is damaged or removed during the course of the
work shall be replaced or repaired by the Contractor, 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 Contractor shall, after completion of the work,
replace or restore to the original condition all such destroyed or damaged landscaping and
improvements.
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,
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Job Order Contracts (JOC) For Horizontal •
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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 with good 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 ail federal state and local regulations.
All 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 non -working 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 in the Detailed Scope of Work, 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
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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, at 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 25, Authority of the
Project Manager, of the General Terms and Conditions.
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 Project, 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(s) during its progress, a full-time competent English speaking superintendent and
any necessary assistants, all satisfactory to Project Manager. The superintendent shall not
be changed except with the written consent of Project Manager, unless the superintendent
proves to be unsatisfactory to Contractor and ceases tobe 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 upon the written request of Contractor. Contractor shall give efficient supervision
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Job Order Contracts (JOC) For Horizontal
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to the Work, using its best skill and attention. The Project Manager 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 Project(s) in excess on thirty (30) calendar days the Contractor's superintendent shall
record, at a minimum, the following information in a bound log: the day; date; weather
conditions and how any weather condition affected progress of the Work; time of
commencement of Work for the day; the Work being performed; materials, labor, personnel,
equipment and Subcontractors at the Project(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
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. Subcontractors
Contractor is solely responsible for all acts and omissions of its Subcontractors. Nothing in
the Contract Documents shall create any contractual relationship between any
Subcontractor and the City. Contractor is responsible for the timely payment of its
Subcontractors and suppliers as required by Florida Stature. Failure to comply with these
payment requirements will place the Contractor in default of the Contract.
As part of each Price Proposal Package, the Contractor must submit a written statement to
the City (see Local Small, Disadvantaged Business Enterprise Participation Form contained
in the ITB Documents) providing the names of the Subcontractors, the Work to be
performed by each Subcontractor, the value and percentage of the Work to be performed
by the Subcontractor, and the number of personnel the Subcontractor will utilized whom are
working under H2B visas and other information required on the form (i.e. business
designation status). The City reserves the right to modify the required information on the
aforementioned form, as it deems necessary, at any time during the term of the Contract.
Third tier subcontracting is only permitted with the prior written approval of the Project
Manager. This submission shall constitute a request for Subcontractor approval.
The City will notify the Contractor within ten (10) Days of receipt of the list of the
Contractor's anticipated Subcontractors whether the proposed Subcontractor is approved. If
the City does not respond within the ten (10) Days, its inaction will constitute its approval of
the Subcontractor. If the proposed Subcontractor is disapproved, the Contractor shall
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Job Order Contracts (JOC) For Horizontal
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thereupon submit another proposed Subcontractor unless he decides to do the Work
himself.
Contractor shall not employ any subcontractor against whom City and or Program Manager
may have a reasonable objection. Contractor shall not be required to employ any
subcontractor against whom Contractor has a reasonable objection.
The replacement, addition, or deletion of any Subcontractor(s) shall be subject to the prior
written approval of the Project Manager and the Contractor shall request said approval by
resubmitting a completed Local Small, and Disadvantaged Business Enterprise
Participation Form contained in the ITB Documents indicating the replacement, addition or
deletion of any Subcontractor
No Subcontractor shall be permitted on the Site unless it is approved. Before entering into
any subcontract hereunder, the Contractor shall inform the Subcontractor fully and
completely of all provisions and requirements of this Contract relating either directly or
indirectly .to the .Work. to be . performed and.. the materials tobe. furnished under such
subcontract, and every such Subcontractor shall expressly stipulate that all labor performed
and materials furnished thereunder shall strictly comply with the requirements of the
Contract.
25. Authority of the Project Manager
The Director hereby authorizes the Project Manager and 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 the 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 Documents, unless otherwise modified in writing 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
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
Project Manager and Consultant will have authority to require special inspections or testing
of the Work, whether or not such Work is fabricated, installed or completed. Neither the
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
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Job Order Contracts (JOC) For Horizontal
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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.
26. Inspection of Work
The Project Manager, Consultant, Inspectors, and other City representatives 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 a
City contracted firm, 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 and Consultant, it
must, if required by the Project Manager and 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. All testing
reports are to be sent directly to the Project Manager by the testing firm, with a copy to the
Contractor.
Re-examination of any of the Work may be ordered by the Project Manager and 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 and Consultant.
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 of the Contractor will 'constitute .
a breach of this Contract.
27. 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.
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28. Separate Contracts
Prior to the commencement of the Work the Project Manager 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.
29. 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, without liability to City, any additional land and access thereto that
may be required for temporary construction facilities, or for storage of materials. The
appropriate tasks and quantities from the CTC, in accordance to all rules established in the
CTC can be included in Contractor's Price Proposal (subject to review and approval by the
City) to address such needs. Contractor shall furnish to City copies of written permission
obtained by Contractor from the owners of such facilities.
30. 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.
During progress of Work under this Contract, it may be necessary for other contractor's and
persons employed by the City to Work in or about the Project. The City reserves the right to
put such other contractors to work and to afford such access to the Project site of the Work
to be performed hereunder at such times as the City deems proper.
If this Contract requires a portion of the Work to be tied into work done under other
contractor(s), it will be necessary for Contractor to plan its Work and cooperate with other
contractors insofar as possible to prevent any interference and delay.
The Contractor shall not impede or interfere with the work of other contractors engaged in
or about the Work and shall so arrange and conduct its Work that such other contractors
may complete their work at the earliest date possible.
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Job Order Contracts (JOC) For Horizontal
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31. 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 of the character called for in the Contract Documents; 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 Job Order Amount or Job Order Completion Time, or both. If the Project Manager and
Contractor cannot agree on an adjustment in the Job Order Amount or Job Order
Completion 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 in strict accordance
with the provisions of this Article. No request for an equitable adjustment or change to the
Job Order Amount or Job Order Completion 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.
32. Existing Utilities
Known utilities and structures adjacent to or encountered in the Work may be shown on
Drawings provided for a Project. 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 or its
officials/employees for their accuracy or completeness. No request for additional
compensation or Job Order Completion 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.
33. 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
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Job Order Contracts (JOC) For Horizontal
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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 its 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 may result 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
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
34. interfering Structures
An attempt will be made to show major structures on 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.
35. 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
and 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.
36. 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.
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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 dear 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
while performing Work for the City and/or whileparked 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.
37. 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.
38. 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
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Job Order Contracts (JOC) For Horizontal
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contents. Delivery of spare parts and special tools shall be made prior to the time
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 concerning equipment items and material items of critical importance to the
Progress Schedule.
Receiving
The Contractor shall unload and record the receipt of all equipment and materials at the
jobsite.
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 Contractor's Adjustment Factor 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
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
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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.
39. 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 for the
performance of the Work, to the extent that these instructions and recommendations are
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 bestpossible 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.
40. 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).
41. 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
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Job Order Contracts (JOC) For Horizontal
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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.
42. Submittals
Contractor shall check and approve all shop drawings, samples, product data, Schedule of
Values, and any and all other submittals required for a Job Order to make sure they comply
with the Contract Documents prior to submission to the Project Manager and Consultant.
Contractor by approving and submitting any submittals, represents that they have verified
the accuracy of the submittals, and they have verified all of the 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 to advise 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.
Each shop drawing submittal shall contain a title block containing the following information:
• Number and title of drawing, including Job Order 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 compliedwith 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 and Consultant has returned approved
submittals to the Contractor.
Project Manager and Consultant shall make every effort to review submittals within fourteen
(14) calendar days from the date of receipt by the Project Manager and Consultant. Project
Manager and 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
and 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 and 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.
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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,
Subcontractor, 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 Project Manager's and Consultant's review of Shop Drawings, Submittals
and Samples shall be construed as authorizing additional work or increased cost to the
City.
43. 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
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 a Project, 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 in 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.
In addition to all shop drawings required by the Contract Documents the Contractor must
provide shop drawings for; all drainage structures including catch basins, drainage pipe,
ballast rock, and exfiltration trench filter fabric.
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.
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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 submitted in a neat
clear and easy format to follow.
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.
44. 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.
45. 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.
46. 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 (as they relate to each
specific Project), 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
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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 or exterior 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. Tlhe 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 Mai payment, the record documents shall be
delivered to the Project Manager or Consultant by the Contractor. The Record Set of
Drawing shall Abe submitted in both hard copy and as electronic plot files.
47. Supplemental Drawings and Instructions
The Project Manager or Consultant shall have the right to approve and issue supplemental
instructions setting forth written orders, instructions, or interpretations concerning the
Contract Documents or its performance, provided such Supplemental Instructions involve
no change in the Job Order Amount or the Job Order Completion Time. •
Project Manager or Consultant shall have the right to modify the details of the plans and
specifications, to supplement the plans and specifications with additional plans, drawings or
additional information as the Work proceeds, all of which shall be considered as part of the
Contract Documents. In case of disagreement between the written and graphic portions of
the Contract Documents, the written portion shall govern.
48. Contractor Furnished Drawings
The 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 the different 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.
49. Substitutions
Whenever materials or equipment are specified or described in the Detailed Scope of Work
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 Consultant if sufficient information is submitted by
Contractor to allow Consultant to determine that the material or equipment proposed is
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Job Order Contracts (JOC) For Horizontal
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equivalent or equal to that named. Requests for review of substitute items of material and
equipment will not be accepted by City and Consultant 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 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 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 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 Consultant in evaluating the
proposed substitute. The 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 Contract Documents, Contractor may furnish or utilize a substitute means,
method, technique, sequence or procedure of construction acceptable to the Consultant, if
the Contractor submits sufficient information to allow the 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 Consultant shall be the same as those
provided herein for substitute materials and equipment.
The Consultant shall be allowed a reasonable time within which to evaluate each proposed
substitute. The Consultant 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
Consultant's prior written acceptance which shall be evidenced by either a Change Order or
an approved submittal. The City and the 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 Consultant 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.
50. City Furnished Drawings
The City, at its sole discretion, may furnish design drawings, which shall comprise all or part
of a Detailed Scope of Work. 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 (RFD. 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.
51. Interpretation of Drawings and Documents
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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 Price Proposal the best materials suitable for the purpose and/or
methods of construction.
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.
52. Product and Material Testing
AII tests will be performed by the Contractor, except where otherwise specifically stated in
the Job Order. All costs for testing performed by the Contractor shall be at the Contractor's
and shall be included in the Price Proposal (in accordance with the rules of the CTC. In
such instances where the City performs the testing the Contractor shall reimburse the City
for each re -test conducted by the City.
53. 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.
54. 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 (in the form of a Supplemental Job Order).
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.
55. 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 ih the Job Order Amount or Job Order Completion
Time. The Work shall not be delayed or postponed pending resolution of any disputes or
disagreements.
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56. Change Orders (Supplemental Job 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 Job Order Amount or the Job Order Completion Time,
shall be authorized only by Change Orders (in the form of Supplemental Job Orders)
approved in advance and issued in accordance with the procedures set forth in Article 3-
Job Orders, of Section 3-Supplmental Terms and Conditions, of the ITB Documents.
In the event satisfactory adjustment cannot be reached for any item requiring a change in
the Job Order Amount or Job Order Completion, and a Change Order has not been issued,
City reserves the right at its sole option to either terminate the Job Order 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 91,
Resolution of Disputes. During the pendency of the dispute, and upon receipt of a Change
Order approved by City, Contractor shall promptly proceed with the change in the Work
involved and 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 Job Order
Amount or Job Order Completion Time.
On approval of any Change Order increasing the Job Order Amount, Contractor shall
ensure that the performance bond and payment bond (if applicable) are increased (if
blanket bond previously provided is insufficient to cover all issued and uncompleted Job
Orders) so that each reflects the total Job Order Amount, as increased.
Under circumstances determined necessary by City, Change Orders may be issued
unilaterally by City.
Unforeseen/latent conditions, additions to and deletions from the Detailed Scope of Work
will be addressed via Supplemental Job Orders. 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 Job Order and which are within the general scope of the Detailed
Scope of Work. 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 Tight of such
disputed Work.
57. Change Order (Supplemental Job Order) Procedure
Extra Work shall result in a Supplemental Job Order 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 Job Order Completion Time 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 and issuing a RFPP for a Supplemental Job Order. Upon completion
of the procedures for ordering work as set forth in Article 3-Job Orders, of Section 3-
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Supplmental Terms and Conditions, of the ITB Documents and 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 Price Proposal
which shall include requested revisions to the Job Order Amount and Job Order Completion
Time. The Job Order Amount for the Extra Work shall be calculated using the Unit Prices
set forth in the Construction Task Catalog® or as Non-Prepriced Tasks (only if the
applicable tasks, do not exist in the CTC). The Price Proposal Package for the Extra Work
must include an explanation of the schedule impact and a request for a revised Job Order
Completion Time supported with a related, updated Project Schedule. 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 request for a revised Job
Order Amount shall follow the procedures set forth in Article 3-Job Orders, of Section 3-
Supplmental Terms and Conditions,. of the ITB Documents. The request for a revised Job
Order Completion Time related to Extra Work 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 related documentation in the form of a Change Order
(Supplemental Job Order). The execution by the Contractor of the Change Order
(Supplemental Job 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
any prior acts, neglect or default of the City relating to the Extra Work.
Upon execution of a Change Order (Supplemental Job Order) that affects the Job Order
Completion Time the Contractor shall, within five (5) business days submit a revised Project
Schedule reflecting the changes against the baseline schedule.
58. 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.
59. Value of Change Order (Supplemental Job Order) for Extra Work
The Job Order Amount for the Extra Work shall be calculated using the Unit Prices set forth
in the Construction Task Catalog® or as Non-Prepriced Tasks (only if the applicable tasks
do not exist in the CTC) multiplied by the appropriate quantity multiplied by the appropriate
Adjustment Factor(s).
60. 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 91, 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 the disputed item 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
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otherwise advised by the Project Manager's written instructions. In the event there is a
dispute as to price related to the Extra Work, the Contractor will be paid in accordance with
the Article 59, Value of Change Order (Supplemental Job Order) for Extra Work . This
payment(s) will be in full satisfaction of the Contractor's claim for an adjustment to the Job
Order Amount.
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.
Payment of any amount under this Article shall be subject to subsequent audit and
approval, disapproval, modification or revision by representatives of the City.
61. 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 of foundation in relation to finish first floor datum.
• All underground piping and ductwork with elevations and dimensions and
locations of valves, pull boxes, etc. Changes in location. Horizontal and vertical
locations of underground utilities and appurtenances, referenced to permanent
surface improvements. Actual installed pipe material, class, 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
periodic maintenance.
• 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,
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Job Order Contracts (JOC) For Horizontal
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electrical system and instrumentation system.
As -built documents shall be updated monthly as a condition precedent to payment.
Contractor shall.provide complete as -built information relative to location, size, and depth of
new pipes, manholes, inlets, etc. Identify grading; include locations of fittings, valves, fire
hydrants, changing in pipe materials, water sampling points, thrust blocks, benchmarks, etc.
The information shall be accurately recorded by the Contractor and submitted (signed and
sealed by a Florida Professional Surveyor and Mapper (P.S.M.) to the City of Miami prior
final acceptance of the Work. All recorded information on existing utility crossing
encountered during construction, included but not limited to pipes, inlets, manholes, etc.,
shall be recorded by a Florida Registered Surveyor and shown on the record drawings.
The Project's as -built set of drawings shall Include GPS coordinates (X, Y, and 'Z) for all
new and/or existing vacuum cleaned drainage system openings (i.e. catch basins, inlets,
manholes, etc.) Contractors will be reimbursed for certified (stamped and sealed drawings)
as-builts, based o.n.the.City's request and the.detailed scope of work issued.
For construction of new building or building additions as -built drawings signed and sealed
by a Florida licensed Registered Land Surveyor.
62. 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 Contractor's 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 Job Order Completion Time.
63. 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
Subcontractor 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).
64. Substantial Completion, Punch List, & Final Completion
The Work on a Project 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 shall sign 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
Occupancy or any other approvals from agencies having jurisdiction over the Work. The
Project Manager or Consultant shall schedule the date and time for any inspection and
notify the Contractor and any other parties deemed necessary. During this inspection, the
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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.
65. 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 Contractor's 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.
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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.
66. 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.
67. 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, the City may allow an • extension of
Job Order Completion 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
Subcontractors.
68. Extension of Time
Any reference in this section to the Contractor shall be deemed to include suppliers, and
permitted Subcontractors, 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 Job
Order Completion Time and/or Notice to Proceed (NTP) by the neglect or failure of the City
or by a Force Majeure, then the Job Order Completion Time set forth in the Job Order 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 shall only consider weather related delays where adverse weather directly impacts
the critical path of the Project Schedule. However, the City will also factor in other factor in
considering an extension of time, including the length of the weather delay, and the adverse
weather conditions as they relate to typical weather patterns during the period the Work is
being performed.
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The City reserves the right to rescind or shorten any extension previously granted if
subsequently, the 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, was submitted in good faith by the Contractor.
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 and its 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 Job Order (as such date may have been extended by a Supplemental Job 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.
69. Notification of Claim
Any claim for a change in the Job Order Completion Time or Job Order Amount 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 Job Order Completion Time or Job Order Amount shall be
determined by the Project Manager or Consultant in accordance with Article 71,
Contractor's Damages for Delay hereof, if City and Contractor cannot otherwise agree. It is
expressly and specificallyagreed that any and all claims for changes to the Job Order
Completion Time or Job Order Amount shall be waived if not submitted in strict accordance
with the requirements of this Article.
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The Job Order Completion Time will be extended in an amount equal to time lost on critical
Work items due to delays beyond the control of and through no fault or negligence of
Contractor if a claim is made therefore as provided in this Article. Such delays shall
include, but not be limited to, acts or neglect by any separate contractor employed by City,
fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God.
70. 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 in Article 72, Excusable, Delays, the Contractor shall not be entitled to a
separate extension for each one of the causes; only one period of extension shall be
granted for the delay.
71. Contractor's Damages for Delay
No claim for damages or any claim, other than for an extension of Job Order Completion
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 Job Order Amount 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 Job Order
Completion Time for completion of the Work as the sole and exclusive remedy 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 by the City in certain situations.
72. 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 Job Order Completion Time extension and no compensation for the
delay.
Contractor is entitled to a time extension of the Job Order Completion 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 69, Notification of Claim, hereof.
Failure of Contractor to comply with Article 69, 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.
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73. 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.
74. 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 shall bear all direct,
indirect and consequential costs of such removal or corrections including cost of testing
laboratories and personnel.
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 repairs as may be
necessary at Contractor's expense. Any expense incurred by City in making such
removals, corrections or repairs, shall be paid for out of any monies due or which may
become due to Contractor, or may be charged against the Performance Bond,. In the event
of failure of Contractor to make all necessary repairs promptly and fully, City may declare
Contractor in default.
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.
75. Acceptance of Defective or Non -Conforming 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 Supplemental
Job Order will be issued to reflect an appropriate reduction in the Job Order Amount, or, If
the amount is determined after final payment, any difference in the amount shall be paid to
the City by the Contractor.
76. 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 Job Order Completion 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.
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77. 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 Work, including
the cost of the City's additional services thereby made necessary.
The Contractor further agrees that after being notified in writing by the Project Manager or
Consultant of any Work not in accordance with the requirements 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 to so comply, the Contractor does hereby authorize the City to proceed: to
have such Work done at the Contractor's expense and that the Contractor will pay the cost
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.
78. 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 Price Proposal applicable to each
Job Order.
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 completion of the Work.
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, as necessary to complete the
Work, as required by the Manual of Uniform Traffic Control Devices (MUTCD), and
FDOT Roadway and Bridge Standard Index drawing Book. Traffic shall be
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Job Order Contracts (JOC) For Horizontal
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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 men 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.
• 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. •
• 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.
• 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 or Project Manager 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).
• 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.
• 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
• Where construction of the Project shall involve lane closures public streets, the
following shall apply:
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• 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.
79. 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 utility lines or equipment affecting or affected by the Project.
No additional payment will be made to the Contractor because .of discrepancies in actual
and plan location of utilities, and damages suffered as a result thereof.
The Contractor shall notify each utility :company involved at least fourteen (14) calendar
days prior to the start of construction to arrange for positive underground location,
relocation or support of its utility where that utility may be in conflict with or endangered by
the proposed construction. Relocation. of water mains or other utilities for the convenience
of the Contractor shall be paid by the Contractor. All charges by utility companies for
temporary support of itsutilities shall be paid for by the Contractor. All costs of permanent
utility relocation to avoid conflict shall be the responsibility of the utility company involved.
No additional payment will be made to the Contractor for utility relocations, whether or not
said relocation is necessary to avoid conflict with other lines.
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 backfilling
80. 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 pertaining to one or more Job Orders or the Contract 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 Job Order or Contract covered by such order as provided in
Article 90, 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 Manager or Consultant, the
Contractor may have been delayed by such suspension. In the event the Project Manager
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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.
81. 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 of the Work caused by a threatened or actual storm event, regardless of
whether the City has directed such suspension, will entitle the Contractor to additional Job
Order Completion Time as non-compensable, excusable delay, and shall not give rise to a
claim for compensable delay.
82. Use of Completed Portions
City shall have the right, at 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 Job Order Completion 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.
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83. 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 byits operations. At the completion of the Work, Contractor shall remove
all its waste materials and rubbish from and about the Project(s) Site 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.
84. 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.
85. 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, Chapter 218,
Part VII of Florida Statutes (2011), and any subsequent amendments thereto ("Prompt
Payment Act").
86. Event of Default
An event of default shall mean a breach of the Contract 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 under a Job Order 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 Documents;
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
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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.
87. Notice of Default -Opportunity to Cure
In the event that the City determines that the Contractor is in default of their obligations
under a Job Order or under the Contract, the City may at its sole discretion notify the
Contractor, specifying the basis for such default, and advising the Contractor that such
default must be cured within a specified time frame or the Job Order and/or the Contract
with the City may be terminated. The City is under no obligation to issue such notification.
The City may grant an extension to the Cure period if 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.
88. Termination for Default
If Contractor fails to comply with any term or condition of a Job Order or the Contract
Document, 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 a Job Order or 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 a Job Order or 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 the following:
■ Contractor fails to obtain the insurance or bonding herein required by the Contract.
• Contractor fails to comply with any of its duties under a specific Job Order or 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 on a Job Order within the timeframes
provided or contemplated herein, or fails to complete the Work on a Job Order
within the Job Order Completion Time.
If a Job Order or 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
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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 90,
Termination for Convenience. The City in its sole discretion may terminate a Job Order or
the Contract without providing the Contractor a written Notice to Cure.
89. 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 Iiability.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
90. 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 a Job Order or the
Contract by written notice to the Contractor. Such Written Notice shall state the date upon
which Contractor shall cease all Work under the Job Order or 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 under the Job Order(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 materialsand 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 increase the 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 a Job Order or the Contract
pursuant to the Contract Documents, the City will pay the Contractor:
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• 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 Job
Order Amount(s) and supporting details contained in the Contractor's Price
Proposal(s). In no event, shall any payments under this Paragraph exceed the
applicable Job Order Amount(s).
• 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.
91. 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
in the following manner.
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 submit any further 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
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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 Job Order
Amount or Job Order Completion 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.
92. 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),
the parties to this Contract agree all unresolved disputes between them shall be submitted
to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in
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 Subcontractors retained for the Work,
thereby providing for non -binding mediation as the primary mechanism for dispute
resolution.
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.
93. 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.
94. 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
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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.
95. 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.
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 Subcontractor doing business anywhere in the City.
96. Independent Contractor
The Contractor is engaged as 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.
97. 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
98. 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
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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.
99. 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.
100. Severability
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.
101. 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.
102. 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.
103. 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
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Documents shall not be deemed to be a waiver of any other breach of any provision of the
Contract Documents.
104. Nondiscrimination, E qua! E mployment 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 otherfactor which cannot be lawfully used as a basis for service delivery.
105. Evaluation
Contractor acknowledges that upon completion of the of the Work applicable to each Job
Order and/or at any other time deemed appropriate by the City a performance evaluation
report will be completed by the City. A copy of each performance evaluation shall also be
forwarded to the Contractor. The performance evaluations will be kept in City files for
evaluation on future solicitations.
106. 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.
107: 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.
108. 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.
109. 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.
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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.
110. 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.
111. 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 Project(s) 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
112. 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.
113. 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
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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.
114. 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.
115. Contingency Clause
—Funding for. this Contract is contingent on the availability of funds and continued
authorization for program activities and the Contract is subject to amendment or termination
due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days
notice.
116. 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.
117. Contract Extension
The City reserves the right to extend the Contract for up to ninety (90) additional calendar
days beyond the completion of any Contract term. In such event, the City will notify the
Contractors in writing of such extension.
118. 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.
119. 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 the
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Work. 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 management, labor, materials, tools, supplies and other
items required for the completion of the Work. All Work shall be accomplished at the
direction of and to the satisfaction of the Project Manager.
120. 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.
121. Applicable Law and Venue of Litigation (Attorneys Fees
In any litigation•or action between the parties related to orarising by virtue of this contract,
each party shall bear its own attorneys fees.
122. 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.
123. Additional Terms and Conditions
No additional terms and conditions included with the solicitation response shall be
evaluated or considered, and any and all such additional terms and conditions shall have
no force or effect and are inapplicable to this solicitation. If submitted either purposely,
through intent or design, or inadvertently, appearing separately in transmittal letters,
specifications, literature, price lists or warranties, it is understood and agreed that the
General and Special Conditions in this solicitation are the only conditions applicable to this
solicitation and that the. bidder's/proposer's authorized signature affixed to the
bidder'slproposer's acknowledgment form attests to this.
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Section 3 — Supplemental Terms and Conditions
1. Contract Term
The Contractor shall furnish all management, Tabor, materials, equipment, tools, services,
and incidentals necessary to complete all Work at a rate of progress that will ensure
completion of the Work within the Job Order Completion Time applicable to each Job Order
issued under the Contract.
Where the Contract Term expires prior to the completion of Job Orders issued prior to the
expiration the Contract, the Contract shall remain in full force and effect until the Final
Completion of such Job Orders. No new Job Orders (other than Supplemental Job Orders)
will be issued during this time.
2. Non-Prepriced Items
Some Work contained in a Detailed Scope of Work may include tasks that are within the
general scope of work but werenot specificallyincluded in the CTC at the time of Contract
award. These tasks are referred to as "Non-Prepriced Items". Non-Prepriced (NPP) items
may require the establishment of specifications and drawings and may subsequently be
incorporated into the CTC. The cost of any itern(s) of Work not covered by a specific CTC
unit price shall be treated as a Non-Prepriced item and the procedure for ordering these
tasks are outlined in Article 3 below.
3. Job Orders
3.1. Initiation of a Job Order
3.1.1. As the need exists for performance by the Contractor under the terms of this
Contract, the City will notify the Contractor of a Joint Scope Meeting.
3.1.2 The City will assign the Work based on the Contractor's performance history
and current Contractor workload.
3.2. Upon this notification of a Joint Scope Meeting, the Contractorshall respond to the
needs of City within one (1) working day by:
3.2.1. Establishing verbal contact with City to further define the scope of the
requirement, and
3.2:2. Visiting the proposed work site in the company of a City representative, and
participating in a Joint Scope Meeting which will include discussion and
establishment of the following:
• project number and title
• the detailed scope of the Work
• access to the site and protocol for admission
• existing site conditions
• methods and alternatives for accomplishing the Work
• access to the Site and protocol for admission
• hours of operation
• staging area
• requirements for catalog cuts, technical data, samples and shop
drawings
• requirements for Incidental Scope Documentation services including
sketches, minor calculations, shop drawings, maintenance of traffic
drawings, and material specifications
• preliminary quantity estimates
• construction duration
• liquidated damages
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• specific quality requirements for equipment and material
• the presence of hazardous materials
• date on which Price Proposal is due
3.3. After the Joint Scoping process, the Contractor and the City will agree on a Detailed
Scope of Work, together with a tentative schedule, any sketches, Drawings and
Specifications required to adequately document the Work to be accomplished. The
Detailed Scope of Work, unless modified by both the Contractor and the City, will be
the basis on which the Contractor will develop its Price Proposal and the City will
evaluate such Price Proposal.
3.4. Upon completion of the Joint Scope Meeting and the final Detailed Scope of Work,
the City will issue a RFPP which requires the Contractor prepare a Price Proposal
for the Work under consideration by the date indicated on the RFPP.
3.5. The Contractor will prepare the Price Proposal using the Progen® software provided
by the City (through a third party at no cost to the Contractor) in accordance with the
following:
3.5.1. Pre -Priced Work requirements. For Pre -Priced Tasks the Contractor shall
identify the tasks and quantities required from the Construction Task
Catalog® necessary to perform the Work and include them in its Price
Proposal.
3.5.2. Non-Prepriced Work Requirements: Non-Prepriced work requirements
necessary to perform the Work shall be separately identified and included in
the Contractor's Price Proposal. The City's determination as to .whether an
item is a Prepriced Task or a Non-Prepriced Task shall be final, binding and
conclusive as to the Contractor. Information submitted in support of Non-
Prepriced work shall include, but not be limited to, the following:
3.5.2.1. Complete specifications and technical data, including work unit
content, support drawings, work task cost data, quality control and
inspection requirements.
3.5.2.2. Costing data, submitted in support of Non-Prepriced Tasks shall
include a cost' analysis report, establishing the basis for selecting
the approach proposed .for accomplishment of the requirements.
Unless otherwise directed by the City, costing data will be
submitted demonstrating that the Contractor sought and received
three quotes. The Contractor shall provide an installed unit price
(or demolition price if appropriate) which shall include all costs
required to accomplish the Non-Prepriced Task.
3.5.2.3. The final price submitted for Non-Prepriced Tasks shall be
according to the following formula:
A = Direct Labor Cost (up through the foreman level and including
fringe benefits)
B = Direct Material Costs (supported by quotes)
C = Direct Equipment Costs (supported by equipment
amortization data)
D = Subcontractor Costs (supported by quotes)
E = Fixed Mark -Up =A+B+C+Dx10%
Total Cost of Non-Prepriced Task = A + B + C +D + E
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3.5.2.4. Following approval by the City of a Non-Prepriced Task and unit
price, the Non-Prepriced Task unit price will be loaded into the
Progen° software.
3.5.2.5. The total extended price for the Non Pre -Priced Task will be
determined by multiplying the unit price by the quantity required.
The price offered in the Price Proposal will be determined by
multiplying the total extended price by an Adjustment Factor of
1.0000.
3.5.2.6. After using a Non-Prepriced item on one Job Order, the City
reserves the right to include the unit price for the Work item as a
Pre -Priced item into the CTC which would become a permanent
item and no longer require price justification
3.5.3. The Contractor's Price Proposal Package shall include, at a minimum:
3.5.3.1. Price Proposal:
3.5.3.2. Catalog cuts, technical data or samples required
3.5.3.3. List of anticipated Subcontractors including MWBE, Local and
Materialmen
3.5.3.4. Progress Schedule;
3.5.3,5. Certificates for any special insurance required;
3.5.3.6. Sample warranties or guarantees for materials, equipment or
systems proposed;
3.5.3.7 Schedule of Values if required.
3.5.3.8 Sketches, calculations and or quantity take -offs if required.
3.5.4. The Contractor's Price Proposal Package shall be submitted in accordance
with the date indicated on the RFPP. Unless otherwise stated on the RFPP,
the Price Proposal Package will be due no longer than seven (7) working
days after the issuance of the RFPP. The City may allow additional time for
preparation of the Contractor's Price Proposal Package for complex Job
Orders and approvals and permits. Allowance will be made to provide
adequate time for preparation and submittal of the necessary documents
and the Price Proposal Package, and will be so reflected in the Price
Proposal Package due date entered on the RFPP. In emergency work
situations and minor maintenance and repair Job Orders requiring immediate
completion, the Contractor's Price Proposal Package may be required
quickly and the due date will be so indicated on the RFPP.
3.6. Review of the Price Proposal Package and Issuance of a Purchase Order
3.6.1. The City shall evaluate the entire Price Proposal Package. The City will
evaluate the Price Proposal and tasks contained therein and compare these
with the City's cost estimate of the Detailed Scope of Work to determine the
reasonableness of approach, including the nature and quantity of tasks
proposed.
3.6.2. City reserves the right to reject a Contractor's Price Proposal based on
unjustifiable quantities, unacceptable performance periods, inadequate
documentation, other unacceptable components of the Contractor's Price
Proposal Package, or other inconsistencies on the Contractor's part, orfor
any other reason. The City also reserves the right to not approve a Job
Order if City's requirement is no longer valid or the Price Proposal exceeds
the City's estimate. In these instances, the Contractor has no right of claim
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to recoup Price Proposal preparation expenses. The City may pursue the
performance of such Work by other means.
3.6.3 By submitting a signed Price Proposal to the City, the Contractor agrees to
accomplish the Work set forth in the Detailed Scope of Work in accordance
with the Request for Price Proposal at the price(s) submitted and in
accordance with the Contract Documents. It is the Contractor's
responsibility to include the proper Adjustment Factor(s) and the necessary
tasks and quantities in the Price Proposal prior to delivering it to the City.
The risk associated with incorrect Adjustment Factor(s), missing tasks and
missing quantities from the Price Proposal shall be borne by the Contractor.
3.6.4 Each Job Order Book provided to the Contractor shall reference the Detailed
Scope of Work and set forth the Job Order Amount and the Job Order
Completion • Time with components thereof signed by the Contractor
evidencing agreement to the Detailed Scope of Work, Job Order Amount,
Job Order Completion Time, Subcontractor utilization, etc.. A Purchase
Order will then be issued by the City.
3.6.5. In the event that immediate emergency response is necessary the
Contractor shall be required to follow alternative procedures as established
by the City. The Contractor shall begin Work as directed, notwithstanding
the absence of a RFPP, Detailed Scope of Work, or Job Order. The
Contractor shall be compensated in accordance with the CTC and Non-
Prepriced Tasks as if the Work had been ordered under the standard
procedures.
3.6.6. If the City finds inconsistencies with the Contractor's Price Proposal, then the
• City may request the Contractor to re -submit its Price Proposal or cancel the
Job Order. If the Contractor consistently submits Price Proposals which are
rejected by the City, the City may declare the Contractor in default and take
any necessary and appropriate action including termination of the Contract.
3.6.7. After the City has reviewed the Contractor's Price Proposal and an
agreement has been reached as to the nature of the revisions, if any, the
Contractor is not allowed to make any changes to the revised Price Proposal
other than the changes agreed to.
3.7 Method of Payment
Unless otherwise stated in the Request for Price Proposal (RFPP) the City shall pay
for Work based on the following
3.7.1. Horizontal Work will be paid based on actual Work performed.
3.7.2 ' Vertical Work will be paid based on the lump sum Job Order Amount.
4: Economic Price Adjustment
4.1 The Adjustment Factors shall be valid for a one (1) year period beginning with the
effective date of the Contract. Thereafter, the Contractor's Adjustment Factors , at
the City's sole discretion, may adjust oneach anniversary date of the Contract to
account for construction escalation or de-escalation. See article 6.8
4.2 A Base Year Index shall be calculated by averaging the twelve (12) month
Construction Cost Indices (CCI) for the U.S. Twenty City Average published in the
Engineering News Record (ENR) for the twelve (12) months immediately prior to the
month of the effective date of the Agreement.
4.3 A Current Year Index shall be calculated by averaging the twelve (12) month
Construction Cost Indices (CCI) for the U.S. Twenty City Average published in the
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Engineering News Record (ENR) for the twelve (12) months immediately prior to the
month of the latest Contract anniversary.
4.4. Economic Price Adjustment shall be calculated by dividing the Current Year Index
by the Base Year Index
4.5. The Contractor's original Adjustment Factors shall be multiplied by the Economic
Price Adjustment to obtain the Contractor's new Adjustment Factors effective for the
next twelve (12) months.
4.6. Averages shall be obtained by summing the twelve (12) month indices and dividing
by twelve (12),
4.7 All calculations in this Section shall be carried to the fifth decimal place and rounded
to the fourth decimal place. The following rules shall be used for rounding:
,6.7.1 The fourth decimal place shall be rounded up when the fifth decimal place is
five (5) or greater.
6.7.2 The fourth decimal place shall remain unchanged when the fifth decimal
place is less than five (5).
4:8 ENR occasionally revises indices. ENR CCIs used in the calculations described
above shall be those currently published at the time the Economic Price Adjustment
calculation is performed. No retroactive adjustments will be made as a result of an
ENR revision. Revised CCI indices, if any, shall be used in subsequent
calculations.
4.9 The City reserves the right to extend an offer to renew to the Contractor without an
economic price adjustment.
5. Computer Requirements and Software
5.1 The Contractor must maintain a minimum of one (1) operational computer system
that complies with the Specifications listed below:
7.1.1 1.0 GHz processor, 512MB of RAM, 40 GB Hard drive, Microsoft Windows
2000 or later operating system,
7.1.2 a laser printer.
7.1.3 a broadband, DSL, or satellite high speed Internet connection
5.2. City Furnished Software
The City will furnish software to the Contractor for use as a tool to assist with
expedient preparation of Price Proposals in response to City needs. The Contractor
will be required to access this software over the Internet. The software will contain
an electronic version (copy) of the Construction Task Catalog® (CTC), in which the
Contractor can locate and select desired items from the CTC. Once the desired
items are selected; the software provides for selection of quantities and based on
the selected quantities, will extend and total price for each Price Proposal. The
software will permit introduction of Non-Prepriced items and the application of the
Contractor's Adjustment Factors.
6. Character of the Work
Any materials or operations required under the Contract Documents shall comply, as they
pertain, with the specifications and instructions of a manufacturer, the established
standards of The American Society for Testing Materials (ASTM). The American Institute
of Steel Construction (AISC), The American Standards Association (ASA), The, American
Welding Society (AWS), or other industry recognized standards. In the case of conflict
between recognized standard Specifications and those specifications contained in the
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Contract Documents, the most stringent shall govern. In case standards for materials and
operations are not listed, the City reserves the right to cite those accepted by the
profession involved and require that such standards be adhered to in the performance of
the Work.
7. Inspection of Project Site
7.1 The Contractor is required to inspect the site of the Work of each Job Order and to
examine and become familiar with the Detailed Scope of Work, plans, specifications
and all other contract documents pertaining to the proposed work. The submission
of a Price Proposal shall be sufficient to establish the presumption that the
Contractor has investigated the site of the work and is satisfied as to all reasonable
conditions to be encountered, quantity and quality of the work to be performed and
materials furnished in the completion thereof.
7.2. Unless otherwise directed, City will furnish subsurface information through the use
of borings. .If,.in the course of the Work, subsurface conditions vary materially from
the record indicated by the borings, the Contractor shall give immediate notification,
in writing, of such variation to the City and the Job Order Amount shall be adjusted
by Unit Prices established in the CTC, as appropriate.
7.3. Contractor is required to examine and be familiar with existing contracts and work
being constructed. Before ordering any material or performing any Work, the
Contractor shall verify all measurements at the site of a specific Job Order, and shall
be responsible for the correctness of same. No extra charge or compensation will
be allowed on account of difference between actual dimensions and the
measurements indicated in the RFPP. Any difference, which may be found, shall be
submitted to City for consideration before proceeding with the work.
8. Standards and Specifications
Other documents and standards referenced in the Contract Documents. Whenever
standards or specifications of other agencies or departments, authorities, etc. are referred
to, they shall be the version in effect at the time of receiving price proposals, unless the
date of a specific version is contained in the reference.
8.1. Design and Specification References:
8.1.1. Florida Department of Transportation Standard Specification For Road and
Bridge Construction 2000 excluding Division I.
8.1.2. City Standards -Public Works
Any material or operation required under this Contract shall comply, as they
pertain, with the specifications and instructions of a manufacturer, the
established standards of The American Society for Testing Materials
(ASTM). The American'Institute of Steel Construction (AISC), The American
Standards Association (ASA), The American Welding Society (AWS), or
other industry recognized standards. In the case of conflict between
recognized standard Specifications and those specifications contained in the
Contract Documents, the most stringent shall govern. In case standards for
materials and operations are not listed, the CITY reserves the right to cite
those accepted by the profession involved and require that such standards
be adhered to in the performance of the Work.
9. LEED Certification
Projects may contain requirements for sustainable design or LEED/Green Globe
Certifications (Certification). This Article shall apply where sustainable design or
Certification requirements have been included in the RFPP.
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The intent is to design and construct Projects that promotes environmental quality,
economic vitality and creates an environment that provides the highest level possible of
operational efficiency. This should be accomplished through energy, water, and materials
efficiency that provides a healthy, productive and comfortable park environment with long-
term benefits. The Contractor shall perform all work and incorporate into the construction of
the Project the requirements contained in the Contract Documents and LEED protocols to
ensure that the City obtains the LEED specified rating. The requirements are to be based
on the Federal Leadership in High Performance and Sustainable Buildings Memorandum of
Understanding's five Guiding Principles, which are:
I. Employing integrated design;
II. Optimizing energy performance;
III. Protecting and conserving water;
IV. Enhancing indoor environmental quality; and
V. Reducing the environmental impact of materials.
Design and .construction must be to the most current. LEEDS (rating 1 evel) rating
requirements in effect at time of design of the Project.
Work included as part of the LEEDS certification includes, but is not limited to;
a. Contractor must use the DP during the entire design process, which includes
the use a collaborative, integrated planning and design process consistent with
ASTME 2348, Standard Guide for Framework for a Consensus -based
Environmental Decision making Process.
b. Contractor shall delegate responsibility to one of its employees the responsibility
to lead the commissioning efforts for the Contractor on this Project. This
individual will be required to work closely with the Consultant, the LEED-AP and
the Commissioning Authority to collect all data during the performance of the
Work required for LEED certification and to ensure all of the LEED Certification
requirements are met in the performance of the Work, materials incorporated
into the Work, and the recycling and disposal of waste or excess materials.
c. The tracking, collecting, and assembling, and includes all information on
recycled materials disposed of and recycled content used in construction to
determine the overall percentage of recycled content used on the Project.
d. Ensuring that the building system is installed and tested to ensure that they
perform in conformance with the design intent, the City's operational needs, and
the Contract Documents
e. Delays or changes in construction required to meet the LEED's rating will not be
considered Excusable Delays nor will the costs be compensable.
f. Create a LEED checklist to be used during construction to ensure that the
Contractor and Subcontractors comply with the LEED Certification requirements.
g. Provide the Consultant, LEED-AP the commissioning authority the
documentation necessary for the Consultant to create a re -commissioning
management manual. The LEED Reference Guide Version 2.0 lists the
components that must be included in this manual, such as as -built sequences of
operation for all equipment, descriptions of energy and water saving features,
seasonal start-up and shut down procedures, a list of diagnostic tools, etc. This
Manual is intended to provide the City with in-depth tools and strategies for
keeping the building running in optimal condition.
Contractor in conjunction with the Consultant shall conduct a post occupancy review ten
(10) months after the completion of the construction of the Project to review and inspect the
Project for warranty issues. This task includes, but is not limited to; both a review of current
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operation to identify any potential warranty related problems before the typical 12 month
warranty expiration, and an interview with building and facility operating staff to identify their
concerns.
Should the Project fail to obtain the stipulated LEED Certification as a result of the
Contractor acts, omissions, or negligence the Contractor shall be liable to the City for the
. increased costs of construction incurred by the City in its effort to obtain the stipulated
LEED Certification.
10. Progress Payments
Contractor may make application for payment for Work completed 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 paymentshall include, but is not limited• to, an updated Progress Schedule
as required by Article 15 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.
For Projects that are to be completed within 30 calendar days the City shall issue payment
upon completion of the Project.
Contractor shall submit a separate Application(s) for Payment for each Project.
When the above grounds are removed or resolved satisfactory to the Project Manager,
payment shall be made in whole or in part.
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
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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
11. Liquidated Damages
The Contractor is obligated and guarantees to complete the Project within the Job Order
Completion Time or any approved extension of time. Where the Contractor 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 Job Order for Final Completion the
Contractor shall pay to the City for each and every calendar day of unexcused delay, the
appropriate sum stipulated in the chart below, which is hereby agreed upon not as a penalty
but as liquidated damages.
Job Order Amount
Daily Charge Per
Calendar Day
$50,000 and under
$642.00
Over $50,000 but less than $250,000
$758.00
Over $250,000 but less than $500,000
$966.00
Over $500,000 but Tess than $2,500,000
$1,532.00
$2,500,000 but less than $5,000,000
$2,374.00
Over $5,000,000 but Tess than $10,000,000
$3,226.00
The Contractor will be notified of any approved exceptions or extensions. The total amount
of liquidated damages shall not exceed the Job Order Amount.
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.
Liquidated Damages may be applied on a Job -Order -by -Job -Order basis at the sole
discretion of the City. The City shall notify the Contractor that it is incurring liquidated
damages.
12. 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 of Award. 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 information from the Contractor as may be 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.
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13. Project Schedules
Contractor shall submit a proposed Project schedule (Schedule) as follows:
a. 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.
b. The Schedule shall be prepared in the form of a horizontal bar chart with
separate horizontal bars for each design task, construction task in the critical
path in chronological order. Provide horizontal time scale in weeks from the start
of construction and identify the first work day of each month. Identify listings of
any major equipment installation milestones.
c. 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 Job Order Completion Time for completion.
Failure to submit such Schedules shall result in the rejection of any submitted
payment application. -
d. All Schedules shall be prepared in Microsoft Project 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 a pdf format and shall be capable of being incorporated in to the
City's master Project schedule.
e. 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..
At a minimum the contents of the Baseline Schedule shall show or indicate the following:
a.' Complete sequence of design by activity reflecting the Subcontractor
responsible for the activity.
b. Complete sequence of construction by activity reflecting the Contractor (self
performance) or Subcontractor responsible for each activity.
c. Dates for the beginning and completion of each major element of construction in
no more than a two -week incremental scale.
d. Items of work that must be accomplished to achieve substantial completion.
1). Major disciplines or trades of work
2). Filter downtime
3). Time required for submittals, fabrication and deliveries,
4). Time required by the City to review all submittals.
5). Time required by the City to support any pre -operational and start-up
testing.
6). Time required for the relocation of utilities, if required.
7). Activities performed by Contractor.
e. Percentage of completion for each item as of the date the schedule was
prepared.
f. Dates for Contractor's submittals.
g. Dates for any required City -furnished materials or equipment.
h. Dates accepted submittals will be required from the City.
In addition the Contractor shall provide:
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a. Provide a list of all long lead items and their anticipated dates of delivery
(equipment, materials, etc.) Monthly updates shall reflect actual versus
projected, and any revised projections
b. Provide a projected dollar cash flow spend down for each month of construction.
Monthly updates shall reflect any change orders as well as actual versus
projected, and any revised projections.
14. 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 a Consent of
Surety to Requisition Payment.
15. Progress Meetings
The City may conduct a pre -construction conference prior to the commencement of the
Work respective to a Job Order. Contractor shall hold progress and coordination meetings
as required by the Project Manager to provide for the timely completion of the Work.
Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with
the Project Manager and/or Consultant as required by the Project Manager. 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 these meetings, Contractor shall identify the
party or parties responsible for following up on 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 shall be responsible for keeping
minutes of 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.
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16. 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 (as applicable)
and City shall respond in writing.
17. 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
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
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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 fullcompliance with and meet all the requirements of
the Contract Documents.
18. 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, Subcontractor'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 Subcontractors 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
Subcontractors' 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.
19. Temporary Facilities, Utilities, and Construction
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 Contractor shall make all arrangements with the local utility companies. The
Contractor shall also be responsible for furnishing all materials and equipment necessary
for the installation and maintenance of any temporary utilities. 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.
Contractor shall furnish, install and maintain temporary facilities required for construction,
and shall remove them upon completion of the Work. All facilities shall comply with the
respective federal, state and local codes and regulations and with utility company
requirements. Materials for temporary facilities may be new or used, but must be adequate
in capacity for the required usage, must not create unsafe conditions, and must not violate
requirements of applicable codes and standards.
The Contractor shall be required to obtain all necessary permits required for any Project(s)
site facilities and utilities. Contractor shall also be responsible to maintain such facilities in
a safe and working condition. The Contractor must pay for all utility costs associated with
new lines, new hook ups, new utility accounts, and so forth which were necessitated by the
Project itself. Contractor shall pay all changes, fees, costs, or other impositions for utilities,
including, without limitation, electric, water, sewer, telecommunications and other utilities of
whatever nature arising from the Project or the Work as herein defined.
All such direct utility costs, with no mark ups, paid by the Contractor will be treated as a
Contract cost reimbursable. The Contractor will be allowed to include the applicable line
items from the Construction Task Catalog® in their Price Proposal, supported by
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documented receipts, to receive a dollar -for -dollar reimbursement (no markup).All such
facilities and utilities remain the property of the Contractor and the Contractor shall be
responsible for removal and disposal of such facilities prior to Final Acceptance.
Temporary fences: If, during the course of the Work, it is necessary to remove or disturb
any fencing, the Contractor shall, at his own expense, provide a suitable temporary fence
which shall be maintained until the permanent fence is replaced. The Project Manager will
be solely responsible for the determination of the necessity for providing a temporary fence
and the type of temporary fence to be used.
Responsibility for Temporary Structures: In accepting this Contract, the Contractor assumes
full responsibility for the sufficiency and safety of all temporary structures or work and for
any damage which may result from their failure or their improper construction, maintenance
or operation and will indemnify and save harmless the City from all claims, suits or actions
and damages or costs of every description arising by reason of failure to comply with the
above
20. 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.
21. Construction Signage
Where required by the Contract Documents the Contractor shall provide construction
signage.
The City shall provide the Contractor the wording and layout for the signs at the pre -
construction conference. The Contractor shall furnish the two City signs at the Project(s)
Site(s) as follows:
■ The first sign must be manufactured by Image 2000, 45 East 9th Court, Hialeah,
Florida (305) 884-2240 or approved equal. The sign shall be 4 feet wide and 8 feet
high and constructed of pressure sensitive 2 mil cast vinyl over mounted with 3 mil
Mylar and mounted to 9 MDO with painted. back. The sign shall be mounted on 4
inch square wood or perforated "U" channel metal posts painted white, and be
readable at eye level. The colors to be used on the sign are as follows: the
background shall be white with blue lettering; the seal shall be white and gold with
blue lettering form.
• The second sign shall reflect other funding sources for the Project and shall reflect
the Project information. The sign shall be 4 feet wide by 8 feet high by 3/ inch
(thick) exterior plywood, suitably mounted and readable at eye level. The colors
shall be blue and white. The background shall be white and all lettering shall be
blue Helvetica. All paint shall be rated outdoor enamel. The City will provide the
City Seal in decal form.
• The Contractor shall also post appropriate construction site warning signs at the
Work Site. Such signs shall be posted to warn pedestrian and vehicle traffic.
Signage shall also be placed waterside to alert boater to the construction zone,
requiring idle speed and a minimum clearance distance. Contractor shall provide
drawings for the signage,. which shall be subject to approval by the Consultant.
• The Project Manager and the City shall approve the locations for all signage.
The cost for construction. signage is not included in the Contractor's Adjustment Factor(s).
The Contractor will be allowed to include the applicable line items from the Construction
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Task Catalog® in their Price Proposal(s) to charge for construction signage required by the
City.
22. Construction Photographs
Prior . to commencement of the Work the . Contractor will take digital photographs to
document existing conditions and submit copies as required herein prior to the
commencement of Work. Contractor shall submit with each application for payment
photographs that accurately reflect the progress of all aspects the Work. The number of
photographs to be taken will be based on the magnitude of work being performed.
Contractor shall submit one copy of each photograph in print and digitally. The
photographs shall be printed on 8"X10" high resolution glossy commercial grade and weight
color photographic print paper. Each photograph shall be imprinted on its face with the title
of the Project, the date, and time the picture was taken. Digital photographs shall be taken
using .jpeg format and will be submitted on a CD-ROM clearly identifying the name of the
Project, the name of the Contractor, and the timeframe in which the pictures were taken.
Initial set up prints will be submitted in a three ring binder with each picture protected by a
clear plastic sleeve. Subsequent prints are to be submitted in clear plastic sleeves that can
be added to the binder. The three ring binder shall be of such size to be able to hold all
print pictures.
23. Permit Fees
Unless otherwise provided in the Contract Documents, incidental to the Job Order, the
Contractor will be responsible for conducting all activities necessary to obtain all required
building permits, other permits, governmental fees, licenses and inspections necessary for
proper execution and completion of the Work including the preparation of all drawings,
sketches, calculations and other documents and information that may be required. The
cost of all activities required to obtain the permits (including expediting) will be at the
Contractor's expense. However, all such actual permit fees paid by the Contractor will be
treated as a Contract cost reimbursable. The Contractor will be allowed to include the
applicable line items from the Construction Task Catalog® in their Price Proposal, supported
by documented receipts, to receive a dollar -for -dollar reimbursement (no markup).
24. Projects Funded with Federal Funds
Federal funds may be used on some Job Orders under this Contract. When Federal funds
are used, the Contractor must pay the wage rates established by the U.S. Secretary of
Labor in accordance with the stipulations contained in the Davis -Bacon Act, as amended,
and have been established as being the rates for the corresponding classes of workmen
employed for projects of a similar character in the locality where the Work is to be
performed. The Contractor shall be notified by the City during the Joint Scope Meeting
should Work be required that falls under the Minimum Wage Rates or a different wage
determination.
All laborers and mechanics employed by contractors and subcontractors on Job Orders
funded directly by or assisted in whole or in part by and through the Federal Government
shall be paid wages at rates not less than those prevailing on Projects of a character similar
in the locality as determined by the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code.
The required prevailing wage rates shall are herein established as those set forth in the
Davis Bacon Wage Decision, applicable to the location and type of Work, issued by
Secretary of Labor and in effect as of the date the Work Order is issued to the Contractor.
The Davis Bacon Wage Decisions in effect at any given time can be found at
www.wdol.gov. Once a Job Order Is issued, the prevailing wages contained in the
applicable Davis Bacon. Wage Decision remain in effect, relative to that Job Order and all
related Supplemental Job Orders, until the Job Order and all related Supplemental Job
Orders are complete and the Work accepted. It is the Contractor's responsibility to be
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knowledgeable regarding the prevailing wage rates necessary to be paid on each Job
Order,
The Contractor shall submit certified payrolls to the City applicable to each Job Order on a
monthly basis or as otherwise directed by the City. The City may monitor compliance by
performing labor standard interviews of the Contractor and Subcontractor personnel. The
City may hold retainage in sufficient amount as may be considered necessary for any
underpayments of wages and/or fringes until any underpayment issues are resolved in
accordance with the requirements of this Contract. Pursuant to the revised regulations
contained in 29 CFR 3.5, full social security numbers and addresses are not to be reported
on certified payrolls. A unique identifying number is to be used to associate each employee
to their full information, which the employer must continue to maintain. The last four digits of
the social security number may be used for this purpose, or an employer internal number
may be used.
Federal Disadvantaged Business Enterprise ("DBE') requirements may be established for
• various projects. DBE requirements will be assigned on a Job Order -by -Job Order basis.
Nondiscrimination, .Equal Employment Opportunity, and Americans with Disabilities Act
• The Contractor shall not unlawfully discriminate against any employee or applicant for
employment because of race, religion, age, color, sex or National origin, sexual
orientation, marital status, political affiliation, or physical or mental disability if qualified.
The Contractor shall take affirmative action to ensure that applicants are employed, and
that employees are treated during their employment without regard to their race,
religion, color, sex or National origin, sexual orientation, marital status, political
affiliation, or physical or mental disability. Such actions 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 of training, including apprenticeship. The Contractor
agrees to post in conspicuous places available to employees and applicants for
employment, notices setting forth the provisions of this non-discrimination clause.
Subcontractors, if any, will be made aware of and will comply with this nondiscrimination
clause. Failure to comply with above requirements is a material breach of the Contract,
and may result in the termination of this Contract or such other remedy as the City
deems appropriate.
• The Contractor shall comply with Executive Order 11246 of September 24, 1965 30 FR
12319, 12935, 3 CFR, 1964-1965 Comp., p. 339 (Equal Employment Opportunity), Title
VI and Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.), Section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), Title IX of the Education
Amendments of 1972 (20 U.S.C. 1681-1688), the. Age Discrimination Act of 1975 (42
U.S.C. 6101-6107), and other civil rights laws applicable to recipients of Federal
financial assistance.
• The Contractor shall comply with Title I of the Americans with Disabilities Act regarding
nondiscrimination on the basis of disability in employment and further shall not
discriminate against any employee or applicant for employment because of race, age,
religion, color, gender, sexual orientation, national origin, marital status, political
affiliation, or physical or mental disability. In addition, the Contractor shall take
affirmative steps to ensure nondiscrimination in employment against disabled persons.
Such actions shall include, but not be limited to, the following: employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, •layoff, termination, rates of
pay, other forms of compensation, terms and conditions of employment, training
(including apprenticeship), and accessibility.
Miscellaneous Other Applicable. Laws Rules and Regulations: On Job Orders funded
directly by or assisted in whole or in part by and through the Federal Government, the
Contractor shall comply with the following:
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• The Copeland "Anti -Kickback" Act (18 U.S.C. Section 874) as supplemented in
Department of Labor regulations (29 CFR part 3).
• The "Anti -Kickback" Act of 1986 (41 U.S.C. Section 51 et seq.).
• Sections 103 and 107 of the Contact Work Hours and Safety Standards Act (40 U.S.C.
327-330) as supplemented by Department of Labor regulations (29 CFR part 5).
• The Federal Fair Labor Standards Act (29 U.S.C. Section 201 et seq.).
• All other applicable Federal laws, rules and regulations, including but not limited to:
• The Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.);
• The Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.);
• The Clean Water Act (33 U.S.C. 1368 et seq.);
• The Clean Air Act, as amended (42 U.S.C. 7401 et seq.); and
• The Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962).
25. JOC System License and Owner Furnished Software
The City shall provide the Contractor with access to the Job Order Contracting software,
PROGEN®, under a license provided by The Gordian Group, Inc. PROGEN® is a Job Order
Contract management tool that expedites the ordering and execution of work. The
Contractor shall use PROGEN® to prepare and submit Price Proposals, Subcontractor lists,
and other requirements as determined by the City. PROGEN® contains an electronic
version of the Construction Task Catalog® for the Contractor's use in preparation of Price
Proposals. Use, in whole or in part, of PROGEN®, the Construction Task Catalog®, or any
other Proprietary Information provided under the license from The Gordian Group, Inc, for
any purpose other than to order and execute work under this Contract for the City is strictly
prohibited unless otherwise stated in writing by The Gordian Group, Inc.
The Consultant, through its agreement with Owner, grants to Contractor, and Contractor
hereby accepts from The Consultant for the term of this Contract, a non-exclusive right,
privilege, and license to utilize the Consultant's Job Order Contracting System and other
related proprietary materials (collectively referred to as "Proprietary Information") to be used
for the sole purpose of executing Contractor's responsibilities to Owner under this Contract.
The Contractor hereby agrees that the Consultant's Proprietary Information shall include,
but is not limited to, the PROGEN® software and support documentation, Construction Task
Catalog®, training materials, and other proprietary materials provided to the Contractor by
the Consultant or Owner. In the event this Contract expires or terminates as provided
herein, this Job Order Contracting System License shall terminate and the Contractor shall
return all Proprietary Information in its possession to the Consultant.
The Contractor acknowledges that disclosure of Proprietary Information will result in
irreparable harm to the Consultant for which monetary damages would be an inadequate
remedy and agrees that no such disclosure shall be made to anyone without first receiving
the written consent of the Consultant. The Contractor further acknowledges and agrees to
respect the copyrights, registrations, trade secrets, and other proprietary rights of the
Consultant in the Proprietary Information during and after the term of this Contract and shall
at all times maintain complete confidentiality with regard to the Proprietary information
92
Job Order Contracts (JOC) For Horizontal
And Vertical Construction
Bid No.: 11-12-017
provided to the Contractor, subject to federal, state, and local laws related to public records
disclosure.
In the event of'a conflict in terms and conditions between this JOC System License and any
other terms and conditions of this Contract or any purchase order or similar purchasing
document issued by Owner, this JOC System License shall take precedence.
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Job Order Contracts (JOC) For Horizontal
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BID FORM: (Page 1 of 10)
Section 4 — BID FORM
Submitted:
Date
City of Miami, Florida
Office of the City Clerk
City Hall, lst Floor
3500 Pan American Drive
Miami, Florida 33133-5504
The undersigned, as Bidder, hereby declares that the only persons interested in this Bid as
principal are named herein and that no person other than herein mentioned has any
interest in this bid or in the Contract to be entered into; that this Bid is made without
connection with any other person, firm, or parties making a.Bid; and that it is, in all respects,
made fairly and in good faith without collusion or fraud.
The Bidder further declares that it has examined the 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
furnish all necessary materials, equipment, machinery, tools, apparatus, means of
transportation, and all labor necessary to construct and complete within the time limits
specified the Work covered by the Contract Documents for the Project(s) entitled:
Bid No: 11-12-017
Title: Job Order Contracts (JOC) for Horizontal and Vertical Construction
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or
alternative form of security, in the amount and in the form as indicated in the ITB
Documents, and to furnish the required Certificate(s) of Insurance.
The undersigned further agrees that the Bid guaranty accompanying the Bid shall be
forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance
Bond and Payment Bond in the time frame as provided in the ITB Documents 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 (if any), the price in words shall govern.
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Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
BID FORM: (Page 2 of 10)
Schedule of Prices
Note: B idders are bidding a set of Adjustment Factors, which will be used as the
basis for determining the lowest responsive and responsible bidder.
The Adjustment Factor(s) must be expressed as a percentage increase or decrease from
the Construction Task Catalog®. The Adjustment Factors shall be to the fourth decimal
place using conventional rounding methodology (i.e., if the number in the 5th decimal place
is 0-4, the number in the 4t" decimal remains unchanged; if the number in the 51" decimal
place is 5-9, the number in the 41" decimal is rounded upward). As example, a 5% increase
would be expressed as an Adjustment Factor of 1.0500 and a 5% decrease would be
expressed as an Adjustment Factor of 0.9500).
EXAMPLE: Write the Adjustment Factor to four decimal places as the following examples
illustrate.
1
1
5
5
2
One Point One Five Five Two
Or
0
9
5
0
0
Zero Point Nine Five Zero Zero
Note to Bidders: A Bidder may choose to Bid an Adjustment Factor for the horizontal
construction contract or the vertical construction contract, or both (provided they meet the
minimum requirements applicable to both the horizontal and vertical contracts).
95
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
BID FORM: (Page 3 of 10)
HORIZONTAL CONSTRUCTION
Adjustment Fact or for H orizontal C onstruction performed during Normal
Construction Working Hours:
(Specify to four decimal places)
Written Amount
Adjustment Factor for Horizontal Construction performed during Other Than Normal
Construction Working Hours:
(Specify to four decimal places)
Written Amount
HORIZONTAL CONSTRUCTION AWARD CRITERIA FIGURE
The following formula has been developed for the sole purpose of evaluating Bids
and awarding the contract. Complete the following calculation.
Line 1. Adjustment Factor for Normal Construction Working Hours
Line 2. Multiply Line 1 by 0.80
Line 3. Adjustment Factor for Other Than Normal Construction Working Hours
Line 4. Multiply Line 3 by 0.20
Line 5. Summation of lines 2 and 4
(Award Criteria Figure)
Write in numbers and words the Award Criteria Figure in the spaces below.
(Specify to four decimal places)
Written Amount
96
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
BID FORM: (Page 4 of '10)
VERTICAL CONSTRUCTION
Adjustment Factor for Vertical Construction performed during Normal Construction
Working Hours:
(Specify to four decimal places)
Written Amount
Adjustment Fact or f or Vertical C onstruction .per formed dur ing Other T han N ormal
• Construction Working Hours:
(Specify to four decimal places)
Written Amount
VERTICAL CONSTRUCTION AWARD CRITERIA FIGURE
The following formula has been developed for the sole purpose of evaluating Bids
and awarding the Contract. Complete the following calculation.
Line 1. Adjustment Factor for Normal Construction Working Hours
Line 2. Multiply Line 1 by 0.80
Line 3. Adjustment Factor for Other Than Normal Construction Working Hours
Line 4. Multiply Line 3 by 0.20 •
Line 5. Summation of lines 2 and 4
(Award Criteria Figure)
Write in numbers and words the Award Criteria Figure in the spaces below.
(Specify to four decimal places)
Written Amount
97
Job Order Contracts (JOC) For Horizontal
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BID FORM: (Page 5 of 10)
DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS III
AND IV.
Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid:
Addendum No. 1, Dated
Addendum No. 2, Dated
Addendum No. 3, Dated
Addendum No. 4, Dated
Part II: 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 Affirmative 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. 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
3. 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;
(2) Establishing a continuing drug -free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
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Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
BID FORM: (Page 6 of 10)
(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
4. 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.
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Job Order Contracts (JOC) For Horizontal
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BID FORM: (Page 7 of 10)
(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 less
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 ail applicable trench safety standards. Such assurance shall be legally
binding on all persons employed by the Bidder and its 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 its Adjustment Factor(s)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.
Y
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Job Order Contracts (JOC) For Horizontal
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BID FORM: (Page 8 of 10)
Bid Guaranty:
Attached is a Bid Bond [ ], Cash [ ], Money Order [ ), Unconditional/Irrevocable Letter of Credit [ ],
Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ]
No. drawn on Bank of for the sum
of for Dollars ($ ) for the Horizontal
Construction Contract.
Bid Guaranty:
Attached is a Bid Bond [ ], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ],
Treasurer's Check [ ], Bank Draft [ j, Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ]
No. drawn on Bank of for the sum
of for Dollars ($ ) for th e Vertical
Construction Contract.
Not To Bidders: A Separate Bid Guarantee is required for Each of the Contracts being bid. See Article 9,
the Instructions for Submission for the applicable amounts required for each contract.
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.
Firm's Name:
Signature:
Printed Name/Title:
City/State/Zip:
Telephone No.:
Facsimile No.: E-Mail Address:
Social Security
No. or Federal Dun and
I.D. No.: Bradstreet No.:
(if applicable)
If a partnership, names and addresses of partners:
101
Job Order Contracts (JOC) For Horizontal
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BID FORM: (Page 9 of 10)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at .a meeting of the Board of Directors of
a corporation 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
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 WHEREOF, I have hereunto set my hand this , day of ,.20
Secretary:
Print:
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.
I 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 behalf of the joint venture. If 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 individual).
CERTIFICATE OF AUTHORITY
. (IF INDIVIDUAL)
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:
102
Job Order Contracts (JOC) For Horizontal
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BID FORM: (Page 10 of 10)
NOTARIZATION
STATE OF )
SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20 , by , who is personally known to me or who has produced
as identification and who (did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
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Job Order Contracts (JOC) For Horizontal
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Section 5 — Attachments
BID BOND FORM (Page 1 of 3)
State of Florida
County of Dade ) SS
City of Miami )
KNOWN ALL PERSONS BY THESE PRESENTS, that as
Principal, as Surety,
• are held and firmly bound unto The City of Miami, in the penal sum of
Dollars ($ ) lawful 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 , 20 for:
JOB ORDER CONTRACTS (JOC) FOR HORIZONTAL AND VERTICAL CONSTRUCTION,
CIP Project No. 11-12-017
NOW THEREFORE:
(a)
If the principal shall not withdraw said Bid within one hundred twenty (120) 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 fulfillment of such contract; or,
(b) 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.
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Job Order Contracts (JOC) For Horizontal
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BID BOND FORM (Page 2 of 3)
IN WITNESS WHEREOF, the above bound parties have executed this instrument under
their several seals, this
day of , A. D., 20,
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.)
PRINCIPAL:
(Name of Firm)
Affix
Seal
(Signature of authorized officer)
(Title)
(Business Address)
City State . Zip
Surety:
(Corporate Surety)
Affix
Seal
Surety Secretary (Signature of Authorized Officer)
(Title)
(Business Address)
City
105
State Zip
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No,: 11-12-017
BID BOND FORM (Page 3 of 3)
CERTIFICATE AS TO CORPORATE PRINCIPAL
certify that I am the Secretary of
the Corporation named as Principal in the within bond; that
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.
STATE OF FLORIDA )
COUNTY OF DADE
City OF MIAMI
SS
(Corporate Seal)
Before me, a Notary Public duly commissioned, and qualified, personally
appeared to me well known, who being by me first duly
sworn upon oath, says that he/she is the attorney -in -fact, for the
and that he/she has been authorized by
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
INSTRUCTIONS: Bid Bonds
must be accompanied by
a Power of Attorney, in
compliance with
Instructions for Submission
day of A. D., 20.
Notary Public, State of Florida at Large
106
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Job Order Contracts (JOC) For Horizontal
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107
Job Order Contracts (JOC) For Horizontal
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SUPPLEMENT TO BID FORM:
QUESTIONNAIRE
****Important**** If you are bidding both the horizontal and vertical construction contracts, submit a
separate Questionnaire for Each Contract.
This C ompleted For m Must Be S ubmitted With T he B id, The C ity M ay, At I is S ole
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 its Bid 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?
a. Professional Licenses/Certifications (include name and number)* Issuance Date
(*include active certifications of small or disadvantage business & name of certifying entity)
b. Date company licensed by Dept. Of Professional Regulation:
c. Qualified Business License: [T'es alo If Yes, Date Issued:
c. What is your primary business?
(This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.)
d. Name of Qualifier, license number, and relationship to company:
e. Names of previous Qualifiers during the past five (5) years including, license numbers,
relationship to company and years as qualifier for the company
2. Name and Licenses of any prior companies
Name of Company License No.
Issuance Date
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Job Order Contracts (JOC) For Horizontal
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3. Type of Company:
❑ Corporation ❑ "S" Corporation QLC aore Proprietorship Either:
(Corporations will be required to provide a copy of their corporate resolution prior to executing a contract)
4. Company Ownership
a. identify all owners of the company
Name Title % of ownership
b . Is any owner identified above an owner in another company? ❑ Yes ❑ No
If yes, identify the name of the owner, other company names, and % ownership
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
All Cost No -Cost Other
❑ ❑ ❑ 0
❑ ❑ ❑ ❑
❑ ❑ ❑ 0
❑ 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: Number of Managerial/Admin. Employees:
Number of Trades Personnel and total number per classification: •
(Apprentices must be listed separately for each classification)
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Job Order Contracts (JOC) For Horizontal
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6. Has any owner or employee of the company ever been convicted of a federal offense or
moral turpitude: If yes, please explain:
7. Insurance & Bond Information
a. Insurance Carrier name & address:
b. Insurance Contact Name, telephone, & e-mail:
c. Insurance Experience Modification Rating (EMR):
(if no EMR rating please explain why)
d. Number of Insurance Claims paid out in last 5 years & value:
e. Bond Carrier name & address:
f. Bond Carrier Contact Name, telephone, & e-mail:
g. Number of Bond Claims paid out in last 5 years & value:
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.
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:
10. Has your company been assessed liquidated damages or defaulted on a project in the
past five (5) years? ❑ Yes ❑ No (If yes, provide an attachment that provides an
explanation of the project and an explanation.
11. Has your company been cited for any OSHA violations in the past five (5) years. If yes,
please provide an attachment including all details on each citation,
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Job Order Contracts (JOC) For Horizontal
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12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater,
owned by your company.
B. Project Management & Subcontract Details
1. Project Manager for this Project:
a. Name:
b. Years with Company:
c Licenses/Certifications:
d. Last 3 projects with the company including role, scope of work, & value of project:
Subcontractors:
Name
Trade
% of Work License No. Certification*
(*active certifications of small or disadvantage business & 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)
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, and scope: Provide as an attachment to this
Questionnaire six (6) separate completed project references for similar projects valued
at $200,000 or greater completed within the last two (2) years that can be supported by
the owner's references required in "D" below that the City should consider in determining
the Bidders responsiveness and responsibility. This attachment must include the
minimum .number of projects required herein for the Bidder to be considered responsive.
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Job Order Contracts (JOC) For Horizontal
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Reference 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 classification, that were
assigned to the project. The delivery method, 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
Bidders are to include a minimum of six (6) references from completed 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.
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113
Job Order Contracts (JOC) For Horizontal
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SUPPLEMENT TO BID FORM:
CUSTOMER REFERENCE LISTING (Page 1 of 1)
Bidders may furnish the names, addresses, and telephone numbers of firms or government
organizations for which the Contractor has provided services in addition to the minimum Six (6)
projects.
• 1)
Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
2) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
3) Company Name
•Address
Contact Person/Contract Amount
Telephone No. /Fax No.
4) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
5) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
114
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No,: 11-12-017
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115
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
City of jtiatiti
Johnny Martinez, P.E.
City Manager
To Whom it May Concem
Subject: Reference Letter for Vertical Projects
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 by
providing . you with this document the Contractor is requesting that you provide the following
reference information. We would appreciate you providing the information requested below as well
as any other information your feel is pertinent:
Name of Project:
Scopeof work:
Value of project: $ Date Completed:
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:
Comments:
Thank you for your assistance in helping us in evaluating our bid solicitation.
Name of individual completing this form: Date:
Signature: Title:
Telephone: - E-mail:
Sincerely,
Mr. Jeovanny Rodriguez, P.E.,
Assistant Director
116
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
City of ifliami
Johnny Martinez, P.E.
City Manager
To Whom it May Concern
Subject: Reference Letter for Horizontal Projects
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 by
providing you with this document the Contractor is requesting that you provide the following
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: $ Date Completed:
Percentage of work self -performed by Contractor:
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:
Comments:
Thank you for your assistance in helping us in evaluating our bid solicitation.
Name of individual completing this form: Date:
Signature: Title:
Telephone: E-mail:
Sincerely,
Mr. Jeovanny Rodriguez, P.E.,
Assistant Director
117
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No,: 11-12-017
SUPPLEMENT TO BID FORM:
OFFICE LOCATION AFFIDAVIT (Page 1 of 2)
Please t ype or pr int clearly. T his Affidavit m ust be co mpleted i n f ull, s igned and
notarized ONLY IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE
CITY OF MIAMI.
Legal Name of Firm:
Entity Type: (Check One) 0 Partnership ❑ Sole Proprietorship 0 Corporation
Corporation Document No: Date Established
Occupational License No: Date of Issuance
Office Location (Establishment of the bidder/Bidder):
PRESENT
Street Address:
City:
State: How long at this location:
PREVIOUS
Street Address:
City:
State How long at this location:
According to Section 18-85 (a) of the City of Miami Code, as amended:
The "City Commission may offer to a responsible and responsive local bidder, who maintains an
office in. the City of Miami, the opportunity of accepting a Bid at the low bid amount, if the
original bid amount submitted by the local bidder does not exceed 15 percent of the lowest other .
responsible and responsive bidder."
The intention of t his section i s to benef it I ocal bona f ide b idders/Bidders to promote
economic development within the corporate limits of the City of Miami.
(we) certify, under penalty of perjury, that the office location of our firm has not been
established with the sole purpose of obtaining the advantage granted bona fide local
bidders/Bidders by this section.
118
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No,: 11-12-017
OFFICE LOCATION AFFIDAVIT (Page 2 of 2)
Authorize Signature Authorized Signature
Print Name Print Name
(Corporate Seal) Title
Title
Authorized Signature Authorized Signature
(Must be signed by the corporate secretary of a Corporation or one general partner of a
partnership or the proprietor of a sole proprietorship or all partners of a joint venture.)
NOTARIZATION
STATE OF FLORIDA, COUNTY OF DADE
That: personally appeared
before me and acknowledged the foregoing instrument as his/her act and deed.
That he/she has produced as identification.
NOTARY PUBLIC:
My Commission Expires:
Please subm it with your Bid copies of Occupational License, professional and/or trade
License to verify local status. The City of Miami also reserves the right to request a copy
of the corporate charter, corporate income tax filing return and any other documents(s)
to verify the location of the firm's office.
119
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
LOCAL, SMALL, & DISADVANTAGED BUSINESS. ENTERPRISE PARTICIPATION
**** Contractor will submit info below on a Job -Order -by -Job Order basis with their Price
Proposal Package applicable to each Job Order****
Local, Small, and Disadvantaged Business Enterprise Participation
Project No.: Title:
Bidder/Contractor:
As previously stated in the Contract Documents, the City encourages the participation of local, small and
• disadvantaged 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 Contractor shall submit this report. 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, 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)
Business Designation
(check all that apply)
Certifying
Agency
(Agencies)
List all
applicable
Value of Work
Assigned/Awarded
Percentage
of Total
Work or
Contract
❑ CSBE
0 DBE
0 None
$
• Local
❑ SBE
❑ Other
D. Local
0 CSBE
0 DBE
0 None
$
0 SBE
0 Other
❑ Local
0 CSBE
0 DBE
0 None
$
❑ SBE
0 Other
❑ Local
❑ CSBE
0 DBE
0 None
$
❑ SBE
0 Other
D Local
0 CSBE
0 DBE
❑ None
$
❑ SBE
❑ Other
.
❑ Local
0 CSBE
❑ DBE
0 None
0 SBE
0 Other
LEGEND
Types of Firm
Certifying Entities
CSBE - Community Small Business
CM - City of Miami
DBE - Disadvantaged Business Enterprise
BC - Broward County
SBE - Small Business Enterprise
FDOT - Florida Department of Transportation
Local - Local Firrn (within City of Miami city limits)
FG - Federal Government
None - no special designation
MD - Miami Dade County
Other - please identify
NOTE: COPIES OF CERTIFICATIONS MUST BE ATTACHED. LOCAL FIRMS SHALL ATTACH THE LOCAL
OFFICE AFFIDAVIT
120
Job Order Contracts (JOC) For Horizontal
And Vertical Construction
Bid No.: 11-12-017
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121
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
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), hereinafter called the "CONTRACTOR" for the Job Order Contract for
(HorizontalNertical) Construction for the following awarded Adjustment Factors:
Normal Construction Working Hours:
Other Than Normal Construction Working Hours:
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
above written.
WITNESS/ATTEST (CONTRACTOR NAME)
Signature Signature
Print Name, Title Print Name, Title of Authorized Officer or Official
ATTEST: (Corporate Seal)
CONTRACTOR Secretary
(Affirm CONTRACTOR Seal, if available)
ATTEST: Cityof Miami, a municipal corporation of the
State of Florida
Priscilla Thompson, City Clerk Johnny Martinez, P.E., City Manager
122
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
Calvin Ellis, Director Risk Management Julie O. Bru, City Attorney
123
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
CORPORATE RESOLUTION
WHEREAS, , 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
(Corporate Seal)
124
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
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125
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
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
No: 11-12-017, awarded the day of , 20 , with City which
Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and City for construction of
, 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:
4.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
126
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
FORM OF PERFORMANCE BOND (Page 2 of 2)
l
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
though there should be a default or a succession of defaults under the Contract
or Contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion .less the balance of the Job Order Amount; 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 Job Order Amount," as used in this paragraph, shall mean the
total amount payable by City to . Contractor under the Contract and any
amendments thereto, less the amount properly paid by City to Contractor.
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 hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20
WITNESSES:
Secretary
(CORPORATE SEAL)
By:
(Name of Corporation)
(Signature)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
127
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
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. ITB 11-12-017 ; 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 performance of the
labor or delivery of the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding
conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the longer of
the applicable Notice and Time Limitations provisions prescribed in Section
255.05(2), or Section 95-11, Florida Statutes.
128
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
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:
129
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the
corporation named as Principal in the foregoing Performance and Payment Bond (Performance
Bond and Payment Bond); that who signed the Bond(s) on behalf
of the Principal, was then of said corporation; that I know his/her signature; and
his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behalf of said corporation by authority of its governing body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA
) SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
to me well known, who being by me first duly
sworn upon oath says that he/she has been authorized to execute the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in
favor of City.
Subscribed and Sworn to before me this day of , 20
My commission expires:
130
Notary Public, State of Florida at Large
Bonded by
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
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131
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2)
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
City of Miami
444 SW 2`d Avenue
Miami, Florida 33130
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(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)
132
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
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
133
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
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 firms that comprise the joint venture:
5. Describe the role of the MBE firm (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:
(c)Supervision of field operations:
134
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
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 affirm that the foregoing statements are correct and include all material
information necessary to identify and explain the terms 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 and any 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: Name of Firm:
Signature: • Signature:
Name: Nanie:
Title: Title:
Date: Date:
135
Job Order Contracts (JOC) For Horizontal
And Vertical Construction Bid No.: 11-12-017
CITY OF MIAMI
Capital Improvements Program
BID NO,: 11-12-017
Job Order Contracts for Horizontal and Vertical Construction
ADDENDUM NO.1
April 17, 2012
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.
Request for Information
Q4. The minimum requirement mandates among other items that the bidder have six (6) separate
project references valued at $200,000.00 or greater in the last two years. Can the City consider
either extending the two year limit to four years or lowering the amount of jobs from six to three?
This will still ensure qualified recent experience.
• Al. The Bid document has been revised to read as follows:
Notice of Contractors — Minimum Requirements:
"Bidders must have a minimum of five (5) years experience under its current business name, in the .
construction of similar Projects as described for the applicable Contract herein, including four (4) six-(C)
separate project references valued at $200,000 or greater in the last four (4) t years. The Bidder
must meet all the minimum requirements as stated above, no exceptions."
Supplement to Bid Form -Questionnaire:
C. Current and Prior Experience:
"Prior Projects of a similar size, and scope: Provide as an attachment to this Questionnaire four (4) sib
separate completed project references for similar projects valued at $200,000 or greater completed within
the last four (4) two-(2 years that can be supported by the owner's references required in "D" below that
the City should consider in determining the Bidders responsiveness and responsibility. This attachment
must include the minimum number of projects required herein for the Bidder to be considered responsive."
D. Bidder's References
"Bidders are to include a minimum of four (4) six-(6-} references from completed 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
subrission."
THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENTS AND SHALL
BE MADE A PART THEREOF.
IA NI
Jeova Ro• • uez, P, ssitant Director
Capi Impr. ements ; ••ram
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:
Job Order Contract Page 2 ITD No. 11-12-017
CITY OF MIAMI
Capital Improvements Program
BID NO.: 11-12-017
Job Order Contracts for Horizontal and Vertical Construction
ADDENDUM NO. 2
May 4, 2012
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.
List of Potential Bidders
This document is included as part of this Addendum.
Request for Information
Q1. Can one Bidder be awarded both a horizontal and vertical contract?
Al. You may bid on both contracts. Section 1, "Instructions for Submission", Article 14 "Bid Award", states the
following: "The City anticipates awarding up to six (6) Contracts for horizontal construction and six (6)
Contracts for vertical construction. The City reserves the right to award fewer contracts or additional
contracts if determined to be in the best interest of the City. The City reserves the right to limit the number
of contracts held by a Contractor, if in the best interest of the City".
Q2. Section 1, Item 9 on page 11 indicates that "All bids must be made upon the blank City forms
provided herein" Please advise if it is acceptable tolist-"see attached" for questions asked where
all of the information requested will not fit in the space provided, and provide the complete
information on additional pages for the following:
Questionnaire:
• A4a — Company Ownership
• A4c — Authorized Signers
• A8 — Claims Lawsuits
• B3 — last 3 project subcontractors
A2. Yes. Use the City's same format in the bid documents for the additional information listed above. For
clarity purposes, identify on the documents that it is a continuation by including the corresponding number
and/or letter of the form and section.
Q3. Can the City consider allowing the contract to be awarded to a bidder with an inactive state of
Florida Certified Contractor license, who is in the process of activating it; or, if the bidder is in the
process of registering a State of Florida Certified general Contractor as the qualifier for their
company? This bidder can be mandated to hold an active license prior to award of the first project
under this contract, please advise.
A3. No, the City will not consider awarding a contract to a bidder unless they have a current, active license as
stated in the bid document.
THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENTS AND SHALL
BE MADE A PART THEREOF.
Jeovannez, P.E,, As ' a Director
Capital mpro ments Prog
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.
Job Order Contract
NAME OF FIRM:
SIGNATURE:
DATE:
Page 2 Addendum No. 2. ITB No. 11-12-017
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Johnny Martinez, P.E. DATE: February 26, 2013 FILE:
City Manager
FROM: Mark Spanioli, P.E.
Director
to je___,,c
apital Improvements Program
SUBJECT: Recommendation of Award
Job Order Contract for
Horizontal & Vertical
Construction
REFERENCES:. !TB 11-12-017
ENCLOSURES: Bid Security List,
Best and Final letters
& bid forms, Acceptance letters
Recommendation
Based on the findings below, Capital improvements Program has determined the seven (7) lowest
responsive and responsible Bidders for the Horizontal Construction category; and the eight (8) lowest
responsive and responsible Bidders for the Vertical Construction category; (including four (4) Bidders in
both categories), for ITB 11-12-017, Job Order Contracts for Horizontal and Vertical Construction and
hereby recommends that contracts be awarded to each of these eleven (11) firms.
Background
Capital Improvements Program (CIP) received thirty three (33) bids on May 11, 2012, in response to
the solicitation for the Job Order Contracts for Horizontal and Vertical Projects ("JOC"). Seventeen (17)
firms submitted for Horizontal; sixteen firms (16),submitted .for Vertical and among these firms, twelve
(12) firms submitted for both Contracts, which are reflected on the attached Bid Security List.
Minimum Requirements: To be awarded a Contract for Vertical Construction Bidders shall hold a
current active State of Florida Certified General Contractor license or a Certified Building Contractor
license. To be awarded a Contract for Horizontal Construction a bidder shall hold a current active State
of Florida Certified General Contractor license or General Engineering Contractor's Certificate of
Competency issued by Miami -Dade County's Construction Trades Qualifying Board.
The Scopes of Work for the Projects to be awarded under the JOC contracts are as follows:
Horizontal Projects
Include, but are not limited to: new construction repair, maintenance,' and/or reconstruction of
underground storm and/or sanitary sewer systems and components such as pump stations, force
mains, injection wells and disposal outfalls; rights -of -way and streetscape improvements (roads,
sidewalks and swale areas) including, without limitation, street grading, pavement milling, paving, curb
and gutter installation, striping, sidewalks, pavers, irrigation systems, supplement lighting and
landscaping; and waterway improvements and maintenance.
1
Vertical Projects
Include, but are not limited to: new construction, alteration, renovation and rehabilitation of City property
and facilities; capital maintenance; expansion of park and recreational facilities, community and day
care centers, administrative offices and facilities, fire stations and support facilities, police facilities,
other performance venues, marinas, etc.
Terms of Award
Projects that will be awarded under the JOC Contracts will typically be less than $1,000,000 and may
cover a wide variety of projects.
Bidders were able to bid on either the horizontal or vertical projects or on both. However, Bidders were
required to submit separate Adjustment Factors for Horizontal Work and Vertical Work if they were
bidding on both types of Work.
The method of award stipulated that Adjustment Factors of the. six (6) lowest responsive bidders will be
averaged to determine the factor to be paid by the City for all Work under the JOC Contracts. The Bid
Form requires that Bidders submit two (2) Adjustment Factors. The Adjustment Factors are applied to
the Unit Prices in the Construction Task Catalog® (CTC). Each Bidder shall submit the following
Adjustment Factors for Work to be performed:
• During Normal Construction Working Hours (as stipulated by City Code)
• During Other Than Normal Construction Working Hours
CIP will be awarding seven (7) Contracts for Horizontal Construction Work with an estimated
annual value of $2,000,000; and eight (8) contracts for Vertical Construction, each with an
estimated annual value of $2,500,000. The ITB also allows the City to award additional
Contracts should CIP determine there is an increased need. CIP had originallyintended to
award these contracts to the four (4) lowest responsive and responsible bidders in each
category, using the averaged Adjustment Factors of these four (4) firms, but upon further
review, CIP has determined that a larger pool of contractors is beneficial to the City. In order to
include these additional firms and accommodate the City, CIP has elected to utilize the
averaged Adjustment Factor amounts of the four (4) lowest bidders in both categories as
originally proposed for all awarded JOC contracts. The City reserves the right to pay/award the
contracts based on actual bids received, but instead, has chosen to utilize averaged Adjustment
Factor amounts as an alternate to contracting at the individual rates offered by each bidder.
Findings
CIP has completed its review of the bid submittals.
In the Horizontal category, the seven (7) lowest bidders are in order, as follows:
1. FHP Tectonics Corp.*
2. H & J Asphalt, Inc.
3. Metro Express, Inc.
4. Team Contracting, Inc.
5. H.A. Contracting, Corp.*
6. Harbour Construction, Inc.*
7. JB Builders and Contractors, Inc., d/b/a Ballarena Construction*
The averaged Adjustment Factors will be: 0.8472 for Construction Working Hours and 0.9080 for Other
Than Normal Construction Working Hours.
In the Vertical category, the eight (8) lowest bidders are in order, as follows:
2
1. FHP Tectonics Corp.* -
2. Thornton Construction Co., Inc.
3. Allied Contractor's, Inc.
4. Harbour Construction, Inc.*
5. H.A. Contracting, Inc.*
6. M.A.C. Construction, Inc.
7. GEC Associates, Inc.
8. JB Builders and Contractors, Inc., d/b/a Ballarena Construction*
The averaged Adjustment Factors will be: 0.8464 for Construction Working Hours and 0.8502 for Other
Than Normal Construction Working Hours.
Each of the above listed Bidders in both categories was sent a letter of compliance and given the
opportunity to accept or reject these averaged Adjustment Factors. All the bidders listed in both
categories above accepted. One additional firm in the horizontal• category did not respond to the letter
and was removed from the list of potential awardees.
The City's staff had determined with the vertical submittals, that FHP Tectonics Corp. ("FHP");
is a responsible, non -local bidder; and Thornton Construction Co., Inc., ("Thornton") the fifth lowest
bidder had submitted a responsive bid within fifteen percent (15%) of FHP's bid and maintains a local
office, as defined in City Code Section 18-73.
In accordance with Section 18-85(a) of the City of Miami Code, as amended, any responsible local
bidder(s) who have submitted responsive bids within fifteen percent (15%) of the non -local low bidder
are granted the opportunity to submit their Best and Final bid, equal to or lower than the non- local low
bidder's original bid amount.
Both Bidders were sent a letter and a blank duplicate bid form, dated June 5, 2012, instructing them to
complete the bid form and submit it in a sealed, addressed and dated envelope to CIP no later than
June 12, 2012 at 5:00 p.m., to comply with the City's request.
Both Bidders submitted a Best and Final bid within the seven day period. FHP's was again the lowest
bidder with an averaged Factor amount of 0.6252. Thornton's averaged Factor amount was 0.8253,
which moved them up to the second lowest responsive and responsible bidder position in the ranking.
On July 26, 2012, Chapter 18, Article III of the City of Miami Code, Section 18-89 entitled "Contracts for
Public Works and Improvements", was amended and approved at City Commission, establishing both
Local Workforce Participation and Community Small Business Enterprise ("CSBE") requirements for
competitively procured contracts. These requirements will be applicable on work orders with a value
greater than $100,000 and for projects with a duration time of more than 120 calendar days, at the
discretion of the CIP Director and/or his designee.
Upon approval of this recommendation, CIP will prepare the necessary legislation to have this award
brought before the City Commission.
Approved by: - Date: %.- G ✓ 1,
Jo nny Marti ez, P.E.
C4 Manager
*Firms awarded contracts in both categories
ice Bravo, P.E., Assistant City Manager/Chief of Infrastructure
Jeovanny Rodriguez, P.E., Assistant Director, CIP
Pedro Beltran, JOC Program Coordinator, CIP
3
CITY OF MIAMI OFFICE OF THE CITY CLERK
BID SECURITY LIST
BID ITEM: Job Order Contracting for Horizontal and Vertical Construction
BID NUMBER: ITB No. 11-12-017
DATE BID OPENED: Friday, May 11, 2012
TIME:
2:OOPM
BIDDER
AWARD •
BID BOND
AWARD
BID BOND •
CRITERIA
CASHIER'S
CRITERIA
CASHIER'S
CHECK
CHECK
FIGURE
FIGURE
(Horizontal)
(Vertical)}
(Horizontal)
(Vertical)
Acosta Tractors, Inc.
1.2080
5% Bid Bond
A
N/A
N/A
Allied Contractors Inc.
0.9249 •
$100,00.00
0.8671
$125,000,00
BDI Construction
1.1097
$100,00.00
0.9997
$125,000,00
Carivon Construction Company
1.0493
$100;00..00
1.0383
$125,000,00 .
Cityworks Construction LLC
N/A
N/A
1.2200
$125,000.00
Coastland Construction, Inc.
1.0100
$100,00.00
1.0100
$125,000,00
FI-[P Tectonics Corp.
0,8254
$100,00.00
0.8254
$125,000,00
Florida Engineering & Development
Corp.
1.1161
$100,00.00
N/A
N/A
GEC Associates Inc.
0.9156
$100,00,00
0.8946
$125,000.00
1- & 1 Asphalt
0.8627
$100,00.00
N/A
N/A
H.A.Contracting Corp.
0.8908
$100,00.00
0.8730
$125,000,00
I-larbour Construction Corp,
0,8930
$1.00,00.00
0.8710
$125,000.00
J.B. Builders & Contractors Inc. dba
Ballarena Construction
0,9330
$100,00.00
0.9030
$125,000,00
;1VA Engineering Contractor, Inc.
0.9497
$100,00.00
1.2497
No Bond
Submitted
Lanzo Construction Co., Florida
1.0100
$100,00.00
N/A
N/A
Lego Construction Company
N/A
NIA
0.9799
5% Bid Bond
M.A.C. Construction In •
N/A
N/A.
0.8860
$125,000.00
Metro Express Inc.
0.8694
5% l3id Bond
1.0027
5% Bid Bond
Ric -Man International Inc.
1.0280
5% Bid Bond
N/A
N/A
Team Contracting, Inc.
0.8798
$100,00.00
0.9195
•$125,000.00
CITY OIL MIAMI OFFICE OF THE CITY CLERK
BID SECURITY LIST
BIDDER
AWARD
BID BOND
AWARD
BID 130ND
•
CRITERIA
CASHIER'S
CRITERIA
CASHIER'S
CHECK
CHECK
FIGURE
FIGURE
(Horizontal)
(Vertical))
(Horizontal)
(Vertical)
Thornton
•
N/A
N/A
0.8840
$125,O00.00
Unitech
Builders Corp.
N/A
N/A
1.0540
5% Bid Bond
"Offers from tho 've ncic:
recnI ocl fc.rlel7. as c•I ,n.
1,1li cl hirers
, r•1y,3 or;.�.''":im;I-
are the only
rlrrrrt rrnclerse
offers
tAl!
other offers Eithrs'tl--tl. :,.
hereby re;ecled SCSI I:;-'.4.''~
- .-..__::.) b t-
z lta roii�tion,
if any,ewer
•
•
•
•
•
•
Qfi(fin_ i'-A)
Person Receiving Bid(s)
on
Today's Date
t.tk•-•\
receSrd (22) liis(s) on behalf Capital Improvements
C' ' Department
PREPARED BY:
Deputy City Clerk