HomeMy WebLinkAboutExhibitAttachment A
In accordance with Invitation to Bid (ITB) No. 15-16-033, Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services, the six (6) lowest responsive and responsible Bidders for Horizontal
Construction and Vertical Construction Services, and the respective average Adjustment Factors are
identified below.
For Horizontal Construction Services, the six (6) lowest responsive and responsible Bidders are as
follows:
1. Harbour Construction, Inc.
2. GEC Associates, Inc.
3. Metro Express, Inc.
4. H&J Asphalt, Inc.
5. H.A. Contracting Corp.
6. EnviroWaste Services Group, Inc,
The Horizontal Adjustment Factors have been calculated in the table below:
Adjustment Factors for Horizontal Construction Services
Normal Working Hours
0.8676
Other Than Normal Working Hours
0.8917
For Vertical Construction Services, the six (6) lowest responsive and responsible Bidders are as
follows:
1. Harbour Construction, Inc.
2. JCI Construction, Inc.
3. H.A. Contracting Corp.
4, The Terracon Group, Inc.
5. Lee Construction Group, Inc.
6. GEC Associates, Inc.
The Vertical Adjustment Factors have been calculated in the table below:
Adjustment Factors for Vertical Construction Services
Normal Working Hours
0.8413
Other Than Normal Working Hours
0.8728
BID FORM: (Page 4 of 10)
VERTICAL CONSTRUCTION SERVICES
Harbour Construction, Inc
Adjustment Factor for Vertical Construction performed during Normal Construction Working
Hours:
0
8
1
0
0
(Specify to four decimal places)
Zero Point Eighty One
Written Amount
Adjustment Factor for Vertical Construction performed during Other Than Normal
Construction Working Hours:
0
8
0
(Specify to four decimal places)
Zero Paint Eighty One
Written Amount
VERTICAL CONSTRUCTION AWARD CRITERIA FEGURE
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 0.8100
Line 2. Multiply Line 1 by 0.80 0.648
Line 3. Adjustment Factor for Other Than Normal Construction Working Hours 0.8100
Line 4. Multiply Line 3 by 0.20 0.162
Line 5. Summation of lines 2 and 4 0.8100
(Award Criteria Figure)
Write in numbers and words the Award Criteria Figure in the spaces below.
Zero Point Eighty One
0 � -
8 1 0
0
(Specify to four decimal places
Written Amount
98
Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
BID FORM: (Page 3 of 10)
HORIZONTAL CONSTRUCTION SERVICES
Harbour Construction. Inc
Adjustment Factor for Horizontal Construction performed during Normal Construction
Working Hours:
Zero Point Eighty One
0
8
1
0
(Specify to four decimal places)
Written Amount
Adjustment Factor for Horizontal Construction performed during Other Than Normal
Construction Working Hours:
0
8
1
0
0
(Specify to four decimal places)
Zero Point Eighty One
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 0.8100
Line 2. Multiply Line 1 by 0.80 0.648
Line 3. Adjustment Factor for Other Than Normal Construction Working Hours 0.8100
Line 4 Multiply Line 3 by 0.20 0.162
Line 5. Summation of lines 2 and 4 0.8100
(Award Criteria Figure)
Write in numbers and words the Award Criteria Figure in the spaces below.
Zero Point Eighty one
0 I
8 1 0 0
(Specify to four decimal places)
Written Amount
97
Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
BID FORM: (Page 3 of 10) GEC Associates, Inc.
HORIZONTAL CONSTRUCTION SERVICES
Adjustment Factor for Horizontal Construction performed during Normal Construction
Working Hours:
5-
(Specify to four decimal places)
Written Amount
Adjustment Factor for Horizontal Construction performed during Other Than Normal
Construction Working Hours:
0
2j>04 (1 l
(Specify to four decimal places)
Written Amount
HORIZONTAL CONSTRUCTION AWARD CRITERIA FIGURE
The following formula has been developed for the sale purpose of evaluating Bids and
awarding the contract. Complete the following calculation.
Line 1. Adjustment Factor for Normal Construction Working Hours 0.2 d
Line 2. Multiply Line 1 by 0.80 • ((dl 2XD
Line 3. Adjustment Factor for Other Than Normal Construction Working Hours 0.2 50
Line 4, Multiply Line 3 by 0.20 0, Fr .0
Line 5. Summation of lines 2 and 4 ' -g 5C3
(Award Criteria Figure)
Write in numbers and words the Award Criteria Figure in the spaces below.
z
(Specify to four decimal places)
_-Vfi%v ti ll 1 j?\
Written Amount
97
Job Order Contracting (HOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
BID FORM: (Page 4 of 10) GEC Associates, Inc.
VERTICAL CONSTRUCTION SERVICES
Adjustment Factor for Vertical Construction performed during Normal Construction Working
Hours:
ae,cc tc
(Specify to four d cimal places)
Written Amount
Adjustment Factor for Vertical Construction performed during Other Than Normal
Construction Working Hours:
0
3
5
(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 0.I
Line 2. Multiply Line 1 by 0.80H 2-0
Line 3. Ad ustment Factor for Other Than Normal Construction Working Hours 0 g So
Line 4. Multiply Line 3 by 0.20 0.1730
Line 5. Summation of lines 2 and 4 lC 50
(Award Criteria Figure)
Write in numbers and words the Award Criteria Figure in the spaces below.
(Specify to four decimal laces)
611 1- cf,l ��� �X `2�ro
Written Amount
98
Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
Metro Express, Inc.
BID FORM: (Page 3 of 10)
HORIZONTAL CONSTRUCTION SERVICES
Adjustment Factor for Horizontal Construction 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 C , Si. ] -3 ,Z
Line 2. Multiply Line 1 by 0.80
Line 3, Adjustment Factor for Other Than Normal Construction Working Hours L
Line 4. Multiply Line 3 by 0.20
Line 5. Summation of lines 2 and 4
C, 11
(Award Criteria Figure)
Write in numbers and words the Award Criteria Figure in the spaces below.
(Specify to four decimal places)
s A. '� (� sE e . `v 4 )lc_ S I K
Written Amount
97
Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
BID FORM: (Page 3 of 10) H&J Asphalt, Inc.
HORIZONTAL CONSTRUCTION SERVICES
Adjustment Factor for Horizontal Construction performed during Normal Construction
Working Hours:
0
P2
0
(Specify to four decimal places)
l b PtYL t b ^ [ t( ��� � . t� c f 16 01 11)108e6 b
Written Amount
Adjustment Factor for Horizontal Construction performed during Other Than Normal
Construction Working Hours:
0
0
(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. 0
Line 1. Adjustment Factor for Normal Construction Working Hours . V L)
Line 2. Multiply Line 1 by 0.80 0 , 0 (/ Q
Line 3. Adjustment Factor for Other Than Normal Construction Working Hours 0 100o
Line 4. Multiply Line 3 by 0.20 0 • t Q2 V r)
Line 5. Summation of lines 2 and 4 0 ' La uI O`
(Award Criteria Figure)
Write in numbers and words the Award Criteria Figure in the spaces below.
11
0
(Specify to four decimal places)
;ti wr -nrim (44+7 '- C e o,
Written Amount
97
Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
BID FORM: (Page 3 of 10)
HORIZONTAL CONSTRUCTION SERVICES
H.A. Contracting Corp.
Adjustment Factor for Horizontal Construction performed during Normal Construction
Working Hours:
(Specify to four decimal places)
zero point eight eight two five
Written Amount
Adjustment Factor for Horizontal Construction performed during Other Than Normal
Construction Working Hours:
L)
)
(Specify to four decimal places)
zero point nine seven zero zero
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 f , `` 5
Line 2. Multiply Line 1 by 0.80 L 1
Line 3. Adjustment Factor for Other Than Normal Construction Working Hours O+ q 700
Line 4. Multiply Line 3 by 0.20 , j I LI'
Line 5. Summation of lines 2 and 4 €. Z7 0
(Award Criteria Figure)
Write in numbers and words the Award Criteria Figure in the spaces below.
0
0
(Specify to four decimal places)
L-a.-v Fog E tJ I 2.e 0 1G
Written Amount
97
Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
BID FORM: (Page 4 of 10)
VERTICAL CONSTRUCTION SERVICES
H.A. Contracting Corp.
Adjustment Factor for Vertical Construction performed during Normal Construction Working
Hours:
(Specify to four decimal places)
Written Amount
Adjustment Factor for Vertical Construction performed during Other Than Normal
Construction Working Hours:
L
(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 t 4-f
Line 4. Multiply Line 3 by 0.20
Line 5. Summation of lines 2 and 4 E..
(Award Criteria Figure)
Write in numbers and words the Award Criteria Figure in the spaces below.
(Specify to four decimal places)
i• ► (-R 1.1.4_
Written Amount
98
Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
BID FORM: (Page 3 of 10) EnviroWaste Services Group, Inc.
HORIZONTAL CONSTRUCTION SERVICES
Adjustment Factor for Horizontal Construction performed during Normal Construction
Working Hours:
0
8
9
4
9
(Specify to four decimal places)
Written Amount
Adjustment Factor for Horizontal Construction performed during Other Than Normal
Construction Working Hours:
0
9
1
4
9
(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 0.8949
Line 2. Multiply Line 1 by 0.80 .71592
Line 3. Adjustment Factor for Other Than Normal Construction Working Hours .9149
Line 4. Multiply Line 3 by 0.20 .18298
Line 5. Summation of lines 2 and 4 .8989
(Award Criteria Figure)
Write in numbers and words the Award Criteria Figure in the spaces below.
0
8
9
8
9
(Specify to four decimal places)
zero point eight nine eight nine
Written Amount
97
Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
BID FORM: (Page 4 of 10)
VERTICAL CONSTRUCTION SERVICES
JCI Construction, Inc
Adjustment Factor for Vertical Construction performed during Normal Construction Working
Hours:
s
4
4-5
(Specify to four decimal places)
Written Amount
Adjustment Factor for Vertical Construction performed during Other Than Normal
Construction Working Hours:
Line 1.
Line 2. Multiply Line 1 by 0.80 0, G) G7
Line 3. Adjustment Factor for Other Than Normal Construction Working Hours C t Q 4 t
Line 4. Multiply Line 3 by 0.20 0 j C7 Cl
Line 5. Summation of lines 2 and 4
2 671
0
4
(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. r�
Adjustment Factor for Normal Construction Working Hours O Ls25.
(Award Criteria Figure)
Write in numbers and words the Award Criteria Figure in the spaces below.
iJ
c1
0
(Specify to four decimal places)
Written Amount
98
Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
BID FORM: (Page 4 of 10) The Terracon Group, Inc.
VERTICAL CONSTRUCTION SERVICES
Adjustment Factor for Vertical Construction performed during Normal Construction Working
Hours:
8
5
l
0
(Specify to four decimal places)
Zero Point Eight Five One Zero
Written Amount
Adjustment Factor for Vertical Construction performed during Other Than Normal
Construction Working Hours:
0
9
5
0
0
(Specify to four decimal places)
Zero Point Nine Five Zero Zero
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 0.8510
Line 2. Multiply Line 1 by 0.80 0.6808
Line 3. Adjustment Factor for Other Than Normal Construction Working Hours 0.9500
Line 4. Multiply Line 3 by 0.20 0.1900
Line 5. Summation of lines 2 and 4 0.8708
(Award Criteria Figure)
Write in numbers and words the Award Criteria Figure in the spaces below.
0
8
7
0
8
(Specify to four decimal places)
Zero Pcinl Eighl Seven Zero Eight
Written Amount
98
Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
BID FORM: (Page 4 of 10) Lee Construction Group, Inc.
VERTICAL CONSTRUCTION SERVICES
Adjustment Factor for Vertical Construction performed during Normal Construction Working
Hours:
0
8
5
4
4
(Specify to four decimal paces)
ZERO POINT EIGHT FIVE FOUR FOUR
Written Amount
Adjustment Factor for Vertical Construction performed during Other Than Normal
Construction Working Hours:
0
8
5
4
4
(Specify to four decimal places)
ZERO POINT EIGHT FIVE FOUR FOUR
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 0.8544
Line 2. Multiply Line 1 by 0.80 0.6835
Line 3, Adjustment Factor for Other Than Normal Construction Working Hours 0.8544
Line 4. Multiply Line 3 by 0.20 0.1709
Line 5. Summation of lines 2 and 4 0.8544
(Award Criteria Figure)
Write in numbers and words the Award Criteria Figure in the spaces below.
0
8
5
4
4
(Specify to four decimal places)
ZERO POINT EIGHT FIVE FOUR FOUR
Written Amount
98
Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITS No.: 15-16-033
('ITY 01 III.»II
ADDENDUM NO. 1
April 21, 2017
INVITATION TO BID NO.: 15-16-033
JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL AND VERTICAL
CONSTRUCTION SERVICES
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications, and/or deletions amend the above -captioned Invitation to Bid,
and shall become an integral part of the Bid submitted, and the Contract to be executed for Job Order
Contracting ("JOC") for Horizontal and Vertical Construction Services — Invitation To Bid ("ITB") No.: 15-
16-033 (the "Services"). Please note the contents herein and affix same to the documents you have on hand.
All attachments (if any) are available on the Office of Capital Improvement's (OCI) website and are part
of this Addendum.
A. The following includes revisions to the ITB.
1. Notice to Contractors, Number 1, last paragraph, page 6 of the ITB, is hereby deleted in its entirety and
replaced with the following, to remove the stricken words:
The term of the Contracts awarded pursuant to this ITB shall be for an initial period of three (3)41,942) years
commencing on the effective date hereof. The City. by action of the City Manager, and the Selected Bidders.
hereafter referred to as Contractor(s), shall have the bilateral option to extend the term of each Contract for
two (2) additional periods of one (1) year each subject to the Contractor's continued satisfactory performance
as determined by the Director of OCI, and subject to the availability and appropriation of funds.
2. Section 1, instructions for Submission, Article 7, Bid Submissions of the ITB, is hereby deleted in its
entirety and replaced with the following:
All Bids must be received by the City of Miami, Office of the City Clerk, located at City Hall, First Floor, 3500
Pan American Drive, Miami, FL 33133, before the time and date specified for Bid opening. enclosed in a
sealed envelope. leaibly marked on the outside:
BID NO.: 15-16-033
BID NAME: Job Order Contracting (JOC) For Horizontal and Vertical Construction Services
SERVICE: Horizontal or Vertical
Bidders must submit two (2) original Bid Packages and one electronic Bid Package on a CD in PDF
Job Order Contracting ("JOC") for Horizontal and Vertical Construction Services Addendum 1
Bid No.: 15-16-033
format for each Service in which the Bidder is submitting a Bid. Failure to submit two originals may result in
the Bid being deemed non -responsive.
3. Section 2, General Terms and Conditions, Article 1, Definitions of the ITB, is hereby revised to include
the following definition:
Construction Costs means the total or estimated cost to the owner for all elements of the project being
awarded, including, at current market rates, with reasonable and customary allowance for overhead and
profit, the costs of labor and materials, and any equipment or supplies that have been specified in the Job
Order.
4. Section 3, Supplemental Terms and Conditions of the ITB, is hereby revised with the addition of Article
29, Addition/Deletion of Contractors, to include the following conditions:
Although this ITB identifies specific Contractors, it is hereby agreed and understood that any Contractor may
be added/deleted to/from this Contract at the option of the City. After award, if additional Contractors are
needed, all remaining responsive and responsible Bidder(s) under this ITB shall be invited to submit
Adjustment Factors. The City shall utilize the most recent Adjustment Factors submitted by the Bidders for
determining the lowest responsive and responsible Bidder(s). if the Adjustment Factors are comparable with
market rates. the lowest responsive and responsible Bidder(s) shall be added to the Contract if in the best
interest of the City.
B. The following are the inquiries received and the corresponding responses:
Q1. Could you please provide the Adjustment Factors for current JOC Contracts with City of Miami?
Al. The current Adjustment Factors are as follow:
Horizontal Construction
Normal Construction Working Hours - 0.9129
Other Than Normal Construction Working Hours - 0.9785
Vertical Construction
Normal Construction Working Hours - 0.9116
Other Than Normal Construction Working Hours - 0.9157
Q2. Please specify if the existing Adjustment Factors include the Gordian Group one percent (1 %) additional
administrative fee.
A2. No, the Adjustment Factors do not include the Gordian Group's one percent (1%) JOC System License
Fee.
Q3. In the ITB page 13, Section 16, b, states that five percent (5%) of the bid amount shall be retained by
the City for the Community Small Business Enterprise (CSBE) requirement until said requirement is
fulfilled and verified within six (6) months of Contract completion.
On page 14, Section 17, lil, states that five percent (5%) of the bid amount shall be retained by the City
for local workforce requirement until said requirement is fulfilled and verified within three (3) months of
Contract completion.
Our understanding is that the CSBE and the local workforce goals are aggregate to the overall contract,
which contains multiple Job Orders and not necessarily to each Job Order individually. Please clarify
whether the City's intent is to retain five percent (5%) of each individual Job Order individually until above
Job Order Contracting ("JOC") for Horizontal and Vertical Construction Services
Bid No.: 15-16-033
Addendum 1
requirements are met or it would apply only after a certain percentage of the overall contract which may
be up to $2,500,000.00 per year for Vertical Construction, for a minimum of two (2) years as stated in
the ITB, are completed and goals for CSBE and local workforce are not still not met. If the five percent
(5%) retainage would apply towards the overall contract amount, please clarify at what percentage of
overall contract completion, the five percent (5%) retention would be applicable in the event CSBE and
local workforce are not met.
A3. A five percent (5%) retainage for CSBE requirements and a five percent (5%) retainage for local
workforce participation requirements are included within the ten percent (1O%) retainage normally
withheld by the City. Retainage will be released by the City after compliance, as applicable, and once
CSBE and local workforce participation measures have been verified by the City. Compliance measures
will be determined on a project by project basis.
Q4. In the ITB, page 6 states that the Contract awarded pursuant this ITB shall be for an initial period of two
(2) years. On page 23, Section 3 states that the term of this Contract shall be for three (3) years. Please
clarify the Contracts initial term duration.
A4. Please refer to Section A, Number 1, of this Addendum for further clarification.
Q5. In the ITB page 27, Section 2, Article 7.6, Builder's Risk, states that some provisions for Builder's Risk
Insurance may be applicable. Please clarify if the Builder's Risk Insurance premium should be included
in the Adjustment Factor or will it be treated as a reimbursable cost.
A5. If applicable to a specific Job Order, the Builder's Risk Insurance Premium shall be a reimbursable cost.
Q6. Please clarify who is responsible for payment of the following costs:
• Permit Fees (Master an Sub -Permits)
• Temporary Utilities
• Maintenance of Traffic (MOT)
If Contractor is responsible for payment of any of the costs above, please clarify whether they will be
treated as a reimbursable cost or included in the Adjustment Factor,
A6. Reimbursement for permit fees to Contractors shall be for the actual amount of the permit and shall in
no event include profit or overhead of Contractors. Permit fees related to the Contractors' operations
(e.g., permits for dumpsters, job trailers, etc.) are not reimbursable.
All charges by utility companies for temporary support of utilities shall be paid by Contractors, with no
additional charge beyond the construction tasks required to complete the Work.
Contractors 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 shalt be included in the
Contractor's Price Proposal using the appropriate tasks and quantities applicable to each Job Order.
Q7. Bid Form page 3 of 10 contains fields for Horizontal Construction Services and 4 of 10 for Vertical
Construction Services. If the Bidder's intent is to submit a Bid just for Vertical Construction Services,
please confirm that fields for Horizontal Construction Services in the Bid Form shall be left blank, and
clarify how the Bid Envelope shall be labeled to identify if Bid is for Vertical or Horizontal Construction
Services. The Bid Submission Instructions on pages 9 and 10, Item 7 states that Bid Name: "Job Order
Contracting (JOC) For Horizontal and Vertical Construction Services" shall be legibly marked on the
outside of envelope, implying that both (Vertical and Horizontal) Construction Bids shall be submitted.
Please clarify how the envelope shall be identified for submission of Vertical Construction only.
3
Job Order Contracting ("JOC") for Horizontal and Vertical Construction Services
Bid No.: 15-16-033
Addendum 1
A7. Bidders shall complete the Bid Form applicable to each JOC service, Vertical and/or Horizontal
Construction, for which the Bidder is submitting a Bid. in addition, please refer to Section A, Number 2,
of this Addendum for further clarification.
THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE
A PART THEREOF.
Annie Perez, CPPO, Director
City of Miami Department of Procurement
4
Job Order Contracting ("JOC") for Horizontal and Vertical Construction Services
Bid No.: 15-16-033
Addendum 1
INVITATION TO BID ("ITB") NO.: 15-16-033
JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL AND
VERTICAL CONSTRUCTION SERVICES
OFFICE OF CAPITAL IMPROVEMENTS
Bid Due Date: May 1, 2017
Bid Due Time: 2:00 P.M.
Mayor Tomas P. Regalado
Commissioner Wifredo "Willy" Gort, District 1
Commissioner Ken Russell, District 2
Commissioner Frank Carollo, District 3
Commissioner Francis Suarez, District 4
Commissioner Keon Hardemon, District 5
City Manager, Daniel J. Alfonso
Issued By:
City of Miami
Department of Procurement
444 SW 2nd Avenue, 6th Floor
Miami, FL 33130
TABLE OF CONTENTS
Notice To Contractors 6
Section 1 - Instructions for Submission 8
1. Intention of City 8
2. Scope of Work 8
3. Location of Project(s) 8
4. Performance of the Work 9
5. Examination of Contract Documents 9
6. Addendum 9
7. Bid Submission 9
8. Bid Guaranty 10
9. Preparation of Bid 10
10, Pre -Bid Conference 11
11. Postponement of Bid Opening Date 11
12. Acceptance or Rejection of Bids 11
13. Environmental Regulations 11
14. Bid Award 12
15. Bid Protest 12
16. Community Small Business Enterprise ("CSBE") Participation 13
17. Local Workforce Particpation 13
18. Responsible Wages 15
19. Cone of Silence 16
20. Public Entity Crime 16
21. Fraud and Misrepresentation 16
22. Collusion 16
23. Contractor in Arrears or Default 16
24. Cancellation of ITB 17
25. Job Order Contracting Software and License Fee..... 17
Section 2 - General Terms and Conditions 18
1. Definitions 18
2. Time is of the Essence 23
3. Contract Term 23
4. Notices 23
5. Priority of Provisions 24
6. Indemnification 25
7. Insurance 26
8. Performance and Payment Bond 29
9. Qualification of Surety 30
10. General Requirements 31
11. Method of Performing the Work 31
12. Work Staging and Phasing 32
13. Site Investigation and Representation 32
14. Contractor to Check Plans, Specifications and Data 33
15. Contractor's Responsibility for Damages and Accidents 33
16. Accidents 33
17. Safety Precautions 33
18. Occupational Health and Safety 34
19. Labor and Materials 35
20. Rules, Regulations, and Licenses 35
Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No: 15-16-033
21. Consultant Services 35
22. Project Management 36
23. Superintendence and Supervision 36
24. Authority of the Project Manager 37
25. Inspection of Work 38
26. Taxes 38
27. Separate Contracts 38
28. Lands of Work 39
29. Coordination of Work 39
30. Differing Site Conditions 39
31. Existing Utilities 40
32. Contractor's Responsibility for Utility Properties and Service 40
33. Interfering Structures 41
34. Field Relocation 41
35. Contractor's Use of Project(s) Site(s) 41
36. Warranty of Materials and Equipment 41
37. Material and Equipment Shipment, Handling, Storage and Protection 42
38. Manufacturer's Instructions 43
39. Manufacturer's Warranty 44
40. Reference Standards 44
41. Submittals 44
42. Shop Drawings 45
43. Product Data 46
44. Samples 47
45. Record Set 47
46. Supplemental Drawings and Instructions 47
47. Contractor Furnished Drawings 47
48. Substitutions 48
49. City Furnished Drawings 49
50. Interpretation of Drawings and Documents 49
51. Product and Material Testing 49
52. Field Directives 49
53. Changes in the Work or Contract Documents 50
54. Continuing the Work 50
55. Change Orders (Supplemental Job Orders) 50
56. Change Order (Supplemental Job Order) Procedure 51
57. No Oral Changes 51
58. Value of Change Order (Supplemental Job Order) for Extra Work 52
59. Extra Work Directive 52
60. As -Built Drawings 52
61. Worker's Identification 53
62. Removal of Unsatisfactory Personnel 53
63. Substantial Completion, Punch List and Final Completion 54
64. Acceptance and Final Payment 55
65. NDPES Requirements 55
66. Force Majeure 55
67. Extension of Time 56
68. Notification of Claim 57
69. Extension of Time not Cumulative 57
70. Contractor's No Damages for Delay 57
3
Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
71. Excusable Delay, Non-Compensable 58
72. Lines and Grades 58
73. Defective Work 58
74. Acceptance of Defective or Non -Conforming Work 58
75. Uncovering Finished Work 59
76. Correction of Work 59
77. Maintenance of Traffic and Public Streets 59
78. Location and Damage to Existing Facilities, Equipment or Utilities 61
79. Stop Work Order 61
80. Hurricane Preparedness 62
81. Use of Completed Portions 62
82. Cleaning Up; City's Right to Clean Up 63
83. Removal of Equipment 63
84. Set -offs, Withholdings, and Deductions 63
85. Event of Default 63
86. Notice of Default -Opportunity to Cure 64
87. Termination for Default 64
88. Remedies in the Event of Termination for Default ... 65
89. Termination for Convenience 65
90. Resolution of Disputes 66
91. Mediation -Waiver of Jury Trial 67
92. City May Avail Itself of All Remedies 67
93. Permits, Licenses and Impact Fees 67
94, Compliance with Applicable Laws 68
95. Independent Contractor 68
96. Third Party Beneficiaries 69
97. Successors and Assigns 69
98. Materiality and Waiver of Breach 69
99. Severability 69
100. Applicable Law and Venue of Litigation 69
101. Amendments ,..70
102. Entire Agreement 70
103. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities
Act 70
104. Evaluation 70
105. Commodities Manufactured, Grown, or Produced in the City of Miami, Miami -Dade
County and the State of Florida 70
106. Royalties and Patents 70
107. Continuation of the Work 71
108. Review of Records 71
109. No Interest 71
110. Payments Related to Guaranteed Obligations 72
111. Consent of City Required for Subletting or Assignment 72
112. Agreement Limiting Time in Which to Bring Action Against the City 72
113. Defense of Claims 72
114. Contingency Clause 72
115. Mutual Obligations 73
116. Contract Extension 73
117. Non -Exclusivity 73
118. Nature of the Agreement 73
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Job Order Contracting (JOC) for Horizontal
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119. Contract Documents Contains all Terms 73
120. Survival 73
121. Disclosure of State Funding, if applicable 73
Section 3 - Supplemental Terms and Conditions 76
1. Contract Term. .76
2. Non-Prepriced Items 76
3. Job Orders 76
4. Bid Safe 76
5. Initiation of a Job Order 78
6. Preparation of the Proposal Package 78
7. Review of Proposal Package and Issuance of the Job Order 80
8. Economic Price Adjustment 81
9. Computer Requirements 81
10. Progress Payments 82
11. Liquidated Damages 83
12. Schedule of Values 84
13. Construction Schedules 84
14. Release of Liens/Subcontractor's Statement of Satisfaction 84
15. Progress Meetings 85
16. Request for Information 85
17. Project Site Facilities 85
18. Inspection of Work 86
19. Security 86
20. Construction Signage 86
21. Construction Photographs 87
22. City Furnished Property 87
23. Geotechnical Testing 87
24. Field Layout of the Work and Record Drawings for Drainage Projects 87
25. Permit Fees 89
26. E-Verify - Mandatory Use 89
27. Job Order Contracting Software and License Fee 89
28. Tax Exempt Transactions/Direct Materials Purchasing 89
29. Addition/Deletion of Contractors 89
Section 4 - Bid Form 96
Section 5 - Bid Bond Form 107
Questionnaire 111
Customer Reference Listing 117
Reference Letter 119
Office Location Affidavit 122
Certificate of Compliance 125
Local, Small and Disadvantage Business Enterprise Participation 126
Local Workforce Participation 127
Section 6 - Contract Execution Form 129
Corporate Resolution 130
Form of Performance Bond 132
Form of Payment Bond 134
Certificate as to Corporate Prinicpal 136
Performance and Payment Guaranty Form - Letter of Credit 138
Joint Venture Form 140
5
Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
INVITATION TO BID ("ITB") NO. 15-16-033
NOTICE TO CONTRACTORS
Sealed Bids will be received by the City of Miami, Office of the City Clerk, City Hall, 1st Floor, 3500 Pan
American Drive, Miami, Florida 33133-5504 for:
JOB ORDER CONTRACTING (JOG)
FOR HORIZONTAL AND VERTICAL CONSTRUCTION SERVICES
Bids Due: May 1, 2017 at 2:00 P.M.
This Notice to Contractors is for the award of a Job Order Contract (JOC). A JOC is a competitively
bid, firm and fixed priced, indefinite quantity contract.
1. Scope of Work: Includes a collection of detailed repair and construction tasks and specifications
that have established unit prices. It is placed with the "Contractor" for the accomplishment of
repair, alternation, modernization, maintenance, rehabilitation, demolition and construction of
infrastructure, buildings, structures, and/or other real property. Under the JOC Concept, the
Contractor furnishes all management, materials, labor, equipment and incidental scope
development services necessary to complete projects, on an as needed basis, for the following:
A. Horizontal Construction 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, lighting and landscaping; and waterway improvements
and maintenance.
B. Vertical Construction Projects include, but are not limited to: new construction, alteration,
renovation and rehabilitation of City of Miami (the "City") property and facilities; capital project
maintenance; expansion of park and recreational facilities, community and day care centers,
administrative offices and facilities, fire stations and support facilities, police facilities,
performance venues and marinas.
Work shall be accomplished by means of issuance of a task order against the JOC.
The projects awarded under Job Order Contracting (JOC) for Horizontal and Vertical Construction
Services (JOC Contracts) will typically be less than $1,000,000.00, and may cover a wide variety of
projects.
Selected Bidders are not required to self -perform a certain percentage of the physical construction
labor for vertical projects. However, Selected Bidders must be capable of self -performing at least
thirty percent (30%) of the physical construction labor for horizontal projects.
The Office of Capital Improvements (OCI) anticipates awarding six (6) JOC Contracts for horizontal
construction services with annual maximum capacities of $2,000,000.00 each, and six (6) contracts
for vertical construction services with annual maximum capacities of $2,500,000.00 each. The City
reserves the right to award fewer contracts or additional contracts if determined to be in its best
interest. Bidders may submit Bids for one or both Services; however, the City reserves the right to
limit the number of contracts held by each Selected Bidder, if determined to be in the best interest
of the City.
The term of the Contracts awarded pursuant to this ITB shall be for an initial period of three (3) years
commencing on the effective date hereof. The City, by action of the City Manager, and the Selected
Bidders, hereafter referred to as Contractor(s), shall have the bilateral option to extend the term of
each Contract for two (2) additional periods of one (1) year each, subject to the Contractor's
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Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
continued satisfactory performance as determined by the Director of OCI, and subject to the
availability and appropriation of funds..
2. Minimum Requirements: Bidders shall:
A. Horizontal Construction Projects - Hold a currently 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, as of the Bid due date.
B. Vertical Construction Projects - Hold a currently active State of Florida Certified General
Contractor license, or a State of Florida Certified Building Contractor license, as of the Bid
due date.
C. Have a minimum of five (5) years' experience, under its current business name, in the
construction of similar projects as described for the applicable JOC Contract herein,
supported by references for six (6) separate projects valued at a minimum of $200,000.00
each, completed within the past three (3) years.
D. Meet all minimum requirements as stated above for the applicable JOC Contract, as of the
Bid due date.
Note: The licensing/certification requirements are a continuing condition of award, as Selected
Bidders must maintain these minimum qualifications throughout the duration of the Contract.
The Department of Procurement has scheduled a VOLUNTARY PRE -BID CONFERENCE to be
held at the following date, time and location:
Location: Miami Riverside Center
444 SW 211d Avenue, 6'h Floor - South Conference Room
Miami, FL 33130
Date/Time: April 6, 2017 at 10:00 a.m.
ALTHOUGH ATTENDANCE 15 NOT MANDATORY, THE CITY STRONGLY ENCOURAGES
PROSPECTIVE BIDDERS TO ATTEND.
The Bid documents may be obtained by visiting the OCI's website:
http://www..miamigov.com/CITP/ProcurementOpp.html, on or after March 30, 2017.
It is the sole responsibility of all Bidders to ensure their receipt of any addendum. It is
recommended that firms periodically check the OCI webpaqe for updates and the issuance
of addenda.
All Bids shall be submitted in accordance with the Instructions to Bidders identified in Section 1,
Instructions for Submission. Bids must be submitted in duplicate originals and on CD or USB
Drive in PDF format at the time, date and location stated, where Bids will be publicly opened. Any
Bids received after the time and date specified will not be considered. The responsibility for
submitting a Bid before the stated time and date is solely and strictly the responsibility of the Bidder.
The City is not responsible for any delay no matter what the cause. Bidder assumes any risk of any
delay or mistake. BIDDER IS HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT
TO THE "CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271 Section 18-
74, CITY OF MIAMI CITY CODE, as amended.
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Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
Section 1 — Instructions for Submission
1. Intention of City
It is the intention of City to describe in this ITB Job Order Contracts (JOC) for Horizontal and
Vertical Construction (JOC Contracts) and related JOC programs administered by the City
for the procurement of Project(s) to be completed in accordance with all codes, laws, rules
applicable standards, specifications, manuals, and regulations governing all the Work to be
performed under the Contract(s). Contractor(s) shall supply 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, whether or not specifically called for in the Contract
Documents. Where words have a well-known technical or trade meaning are used to describe
work, materials or equipment, such words shall be interpreted in accordance with that
meaning. Reference to standard specifications, manuals, or codes of any technical 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, rule, regulation, or laws or regulations in effect at the time of
opening of bids and Contractor shall comply therewith. City shall have no duties or
obligations other than those duties and obligations expressly set forth within the Contract
Documents.
2. Scope of Work
The Work will consist of furnishing all labor, machinery, tools, means of transportation,
supplies, equipment, materials, and management and other services, and incidentals
necessary to complete projects at a rate of progress that will ensure completion of the Work
within the stipulated Job Order Completion Time.
JOG is an indefinite delivery, indefinite quantity contract pursuant to which the Contractor
shall 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 (excluding overhead and profit). Individual
Projects are awarded on an as needed basis.
JOC is one procurement method used by the City to award construction Projects, however,
the City reserves the right to use alternative procurement methods if determined to be in the
best interest of 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 Construction 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 outfails; 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 Construction Projects include, but are not limited to: new construction,
alteration, renovation, and rehabilitation of City owned or leased property and facilities;
capital project maintenance; expansion of park and recreational facilities, community and
day care centers, administrative offices and facilities, fire stations and support facilities,
police facilities, performance venues and marinas.
3. Location of Proiect(s)
Project(s) will be located anywhere within the boundaries of the City.
Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
4. Performance of the Work
Contractor shall self -perform at least thirty percent (30%) of the physical construction labor
for horizontal contracts. If such contract is phased, segmented or otherwise incrementally
performed this self -performance requirement will apply to each and every phase, segment or
increment. If a Contractor has more than one (1) contract pursuant to this ITB this self -
performance requirement will apply jointly and severally to each and every contract the
Contractor is awarded under this ITB. By submitting a Bid, the Bidder certifies that it will utilize
its own employees to meet this requirement. As part of the Bid, the Bidder must include the
form titled "Questionnaire". Failure to complete and submit this form, or to meet this
requirement, shall result in the Bid being deemed non -responsive. Where the City determines
that Contractor is deemed as not meeting this requirement during the performance of the
Work, then the Contractor shall be in default of the Contract.
Contractor shall not be required to self -perform a certain percentage of the physical
construction labor for vertical contracts.
5. Examination of Contract Documents
It is the responsibility of each Bidder, before submitting a Bid, to:
• Carefully review the ITB Documents, including any Addenda 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's Procurement Ordinance and Florida Building Code) laws,
regulations, ordinances that may affect a Bidder's ability to perform the Work.
• Sign and return all required ITB forms and/or addenda, as applicable.
In addition to the documents identified in Article 1, Definitions, of the General Terms &
Conditions the ITB Documents include:
VOLUME I:
VOLUME II:
VOLUME III:
Project Manual
Construction Task Catalog®
Technical Specifications
The submission of a Bid shall constitute an incontrovertible representation by Bidder that it
will comply with the requirements of the Contract Documents and that without exception, the
response is premised upon performing and furnishing Work required under the Contract
Documents and that the Contract Documents are sufficient in detail to indicate and convey
understanding of all terms and conditions for performance and furnishing of the Work.
6. Addenda
Only questions answered via written addendum will be binding. Oral and other interpretations
or clarifications will be without legal binding effect and should not be relied upon in
preparation of a Bid response. All questions about the meaning or intent of the Contract
Documents are to be directed to the City's Department of Procurement (Procurement) in
writing, to the attention of Sade Chaney at schaney cr miamiciov.com, with a copy to the Office
of the City Clerk at rcastillo a�7,miamigov.com. Interpretations or clarifications considered
necessary by Procurement in response to such questions will be issued by the City by means
of an Addendum. All Addenda will be posted on the OCI webpage. Written questions must
be received by the City, no later than April 17, 2017 at 5:00 P.M.
7 Bid Submission
All Bids must be received by the City of Miami, Office of the City Clerk, located at City Hall,
First Floor, 3500 Pan American Drive, Miami, FL 33133, before the time and date specified
for Bid opening, enclosed in a sealed envelope, legibly marked on the outside:
BID NO.: 15-16-033
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Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
BID NAME: Job Order Contracting (JOC) For Horizontal and Vertical Construction
Services
SERVICE: Horizontal or Vertical
Bidders must submit two (2) original Bid Packages and one electronic Bid Package on
a CD in PDF format for each Service in which the Bidder is submitting a Bid. Failure to
submit two originals may result in the Bid being deemed 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, cashiers check,
Unconditional/Irrevocable Letter of Credit, Bid Bond Voucher (for projects less than
$200,000.00) issued to City of Miami by certified check, treasurer's check or bank draft of
any national or state bank (United States), in the amount of $125,000.00 for vertical contracts
and $100,000.00 for horizontal contracts, payable to City, and conditioned upon the
Contractor executing the Contract and providing the required Performance and Payment
Bond, and evidence of 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
Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by the
City at its sole and absolute 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 Contractor fail to execute the Contract, and
provide the required Performance and Payment Bond. Any form of Bid Guaranty shall be in
a form acceptable to the City of Miami Risk Management Director and the City Attorney, as
to legal form.
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 horizontal and vertical construction).
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® (OTC). 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 "Other Than Normal Construction Working Hours" Adjustment Factors must be greater
than or equal to the "Normal Construction Working Hours" Adjustment Factors.
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 five percent (5%) increase would be expressed as an Adjustment Factor of 1.0500 and
a five percent (5%0) decrease would be expressed as an Adjustment Factor of 0.9500).
One set of Adjustment Factors shall apply to the horizontal contract and one set to the vertical
contract.
All Bids must be made upon the blank City forms provided herein and herewith. 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, may result in a determination
that the Bid is non -responsive.
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Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
The Bidder shall be considered non -responsive if Bid is conditioned on modifications,
changes, or revisions to the terms and conditions of the ITB.
The Bid is to include the furnishing of all labor, materials, overhead expense and profit,
equipment including, but not limited to, tools, services, permit fees, applicable taxes,
overhead and profit for the completion of the Work except as may be otherwise expressly
provided in the Contract Documents.
Joint venture firms must complete and submit with their Bid, the form titled "Information for
Determining Joint Venture Eligibility" (Form A), and submit a copy of the formal agreement
between all joint venture parties. This joint venture agreement must indicate their respective
roles, responsibilities and levels of participation for the Project. Failure to 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 VOLUNTARY PRE -BID CONFERENCE will be held on April 6, 2017 at 10:00 A.M. at the
Miami Riverside Center, 6th Floor South Conference Room, 444 SW 2nd Avenue,
Miami, FL 33130, to discuss this ITB. Since space is limited, it is recommended that one
representative of each firm attend in order to become familiar with the ITB. Attendees are
requested to bring this ITB Package to the conference.
Although attendance is voluntary, 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
through issuance of addenda, and will make a reasonable effort to provide at least five (5)
calendar days' notice of any such postponement to prospective Bidders.
12. Acceptance or Rejection of Bids
The City reserves the right to reject any or all Bids prior to award, to re -advertise for Bids,
and not award any Contract, in the sole discretion of the City.
The City reserves the right to waive any minor or non -material technicality, informality,
variance, deviation, omission or the like up to or prior to award of the Contract.
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 Price before the expiration of one hundred eighty (180) calendar days from the
date of Bid opening. A Bidder may withdraw its Bid after the expiration of one hundred eighty
(180) calendar days from the date of Bid opening by delivering written notice of withdrawal to
the OCI to award of the Contract by the City Commission.
13. Environmental Regulations and Building Codes
The City reserves the right to consider a Bidder's history of citations, claims, and/or violations
of environmental laws, rules, and/or regulations (Regulations) and/or Florida Building Code
in determining a Bidder's responsibility, and further reserves the right to declare a Bidder not
responsible if the history or frequency of violations warrant such determination in the opinion
of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations,
notices and dispositions thereof. The non -submission of any such documentation shall be
deemed to be an affirmation by the Bidder that there are no citations or violations. Bidders
shall notify the City immediately of notice of any citation or violation which Bidder may receive
after the Bid opening date and during performance of the Work under this Contract. This
inquiry will cover all violations of Regulations in the United States, its possessions or
territories. Bidder for purposes of the section shall mean the actual Bidder, any business
entity that is a subsidiary, wholly or in which a majority of equity is owned by the Bidder, or
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Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
its principals which for these purposes shall mean any officer, director or stockholder owning
more than five (5%) per cent of its stock or a five
( 5%) percent equivalent interest.
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
additional contracts if determined to be in the best interest of the City. Bidders may submit
bids for one or both Contracts; however, 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 Normal Construction
Working Hours will be weighted eighty percent (80%). The Other Than Normal Construction
Working Hours will be weighted twenty percent (20%). 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 the City elects to
average the bids as described above, each of the lowest responsive and responsible
Bidders, as identified above for vertical and horizontal construction, will be offered the
opportunity to enter into a Contract with the City at the average Adjustment Factors
as calculated on the basis described immediately above, by calculation of the City.
The City reserves the right to pay/award the contracts based on actual bids received,
instead of the averages described above.
The City may require demonstration of competency and, at its sole and absolute discretion,
may conduct site visits at the Bidder's office, 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, and past
performance on City projects by the Bidder.
The Bidder must be able to demonstrate a good record of performance and have sufficient
financial resources to ensure that it can satisfactorily provide the goods and/or services
required herein.
The City, 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.
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 may have filed a lawsuit against the City or where the City has filed a lawsuit
or won a court judgment against the Bidder may be declared non -responsive.
15. Bid Protest
Any actual or prospective contractual party who feels aggrieved in connection with the
solicitation or award of a contract may protest in writing to the Chief Procurement Officer, in
Accordance with the procedures contained in Section 18-104, Resolution of protested
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Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
solicitations and awards, as amended, of the City Code, Ordinance No. 12271 (the City of
Miami Procurement Code) describing the protest procedures. Protests failing to meet the
requirements for filing shall NOT be accepted. Failure of a party to timely file shall constitute
an absolute waiver of such party's rights to file a protest, NO EXCEPTIONS TO THIS
REQUIREMENT.
16. Community Small Business Enterprise ("CSBE") Participation
The Contractor must comply with the following CSBE participation requirements. All
instructions, required forms and other information necessary for complying with the CSBE
participation requirements are available on the OCI webpage.
a) The Contractor 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 said requirements are fulfilled and verified within six (6) months of
Contract completion pursuant to Section 18-89 of the City Code. Failure to comply
with the CSBE requirements 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) c) 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
Section 18-89 of the City Code. Said third party shall be unaffiliated with the
respondent and be properly licensed under the provisions of Section 454, 471, 473,
or 481 of the Florida Statutes. 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.
The foilowing link is to the Miami -Dade County website where Bidders can view the current
listing of certified CSBE contractors by trade. Contractors will be required to submit Monthly
Utilization Reports (MUR) to demonstrate CSBE compliance.
httc://www.miamidade,gov/srnallbusiness/librarylreports!certify-csbe-by-firms.pdf
17. Local Workforce Participation
Contractor must employ the following minimum percentage requirements for on -site labor
from persons residing within Miami -Dade County (an individual whose primary place of
residence is within Miami -Dade County), for the duration of the project:
1. Construction contracts with a construction cost of up to $250,000.00 shall have no
local workforce participation requirement.
2. Construction contracts with a construction cost of $250,000.00 or more, but less than
$500,000.00 shall have a minimum local workforce participation requirement of ten
percent (10%).
3. Construction contracts with a construction cost of $500,000.00 or more, but less than
$750,000.00 shall have a minimum local workforce participation requirement of fifteen
percent (15%).
4. Construction contracts with a construction cost of $750,000.00 or more, but less than
$4,000,000.00 shall have a minimum local workforce participation requirement of
twenty percent (20%).
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Job Order Contracting (JOC) for Horizontal
and Vertical Construction Services ITB No.: 15-16-033
5. Construction contracts with a construction cost of $4,000,000.00 or more shall have
a minimum local workforce participation requirement of forty percent (40%).
All local workforce participation percentage requirements listed above shall be applied
on the construction project's on -site labor force. The County residency of the onsite
labor component shall be subject to verification by the OCI.
II. The Contractor shall strive to employ a minimum of fifty percent (50%) of the
aforementioned minimum local workforce participation percentage requirements from
within the City commission district where the project is located.
111. Five percent (5%) of the bid amount shall be retained by the City for the local
requirements until said requirements are fulfilled and verified by the City Manager, or
authorized designee as being fulfilled within three (3) months of contract completion.
Failure to satisfactorily meet the requirements 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 and will comply with percentages specified
in F.S. § 218.735.
IV. The Contractor shall coordinate job fairs and hiring initiatives with South Florida
Workforce or a similar state chartered regional workforce development board acceptable
to the City Manager.
1. For contracts with a bid amount between $1,000,000.00 and $2,000,000.00, the
Contractor shall be required to hold one job fair within the local community.
2. For contracts with a bid amount greater than $2,000,000.00, the Contractor shall be
required to hold two job fairs within the local community.
V. Bid and response documents to which a local workforce participation requirement goal
has been applied shall require the Contractor to develop and submit to the City, within
thirty (30) days of notification of award of the construction contract, a workforce plan (plan)
outlining how the goal will be met, and containing the following information and elements
required by this section. The Contractor shall provide to the City, proof of adherence to
the City's Local Workforce Participation Requirements within the past three (3) years, and
the Contractor's past compliance with these requirements. The Contractor's response
must include:
1. Contract number, name, and a brief description of work;
2. Total dollar value of the contract;
3. Dates covering the term of the contract;
4. Percentage of Local Work Participation Requirements met by the Contractor;
5. Breakdown of local workforce used to meet requirements (number of persons broken
down by trade and category);
6. If the Contractor was unable to meet the local workforce participation requirements,
explain the reason why, and what efforts, if any, were utilized by the Contractor to
attempt to meet these requirements;
7. If the project was over one million dollars ($1,000,000) did the Contractor hold a job
fair, if yes, provide the date and location of the job fair(s), number of attendees;
8. Was a third party hired to verify and certify compliance with the local work force
requirements, if yes, were all requirements met, what was the third party's name and
provide their current contact information;
9. Was the five percent (5%) retainage fee released to the Contractor by the City upon
project completion; and
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10. If the Contractor did not meet the goal, did you seek a waiver of the program
requirements from any City official, and provide a detailed explanation.
The plan shall identify by name, address, and trade category of all persons proposed to
perform work under the Contract currently on the contractor's payroll, or positions to be
hired by the Contractor, who reside within Miami -Dade County. An updated plan shall be
submitted to the City's project manager on a monthly basis, and in the event that during
the Contract period a new hire or a person identified in the plan as meeting the local
workforce participation requirement goal is replaced, the City may require the Contractor
to immediately identify the replacement.
VI. The Contractor shall have a third party independently verify and certify compliance with
these requirements on a quarterly basis. Said third party shall be unaffiliated with the
respondent, and be properly licensed under the provisions of Florida Statute Chapters
454, 471, 473, or 481. The firm 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 and certification shall be included in the related Contract
costs.
These local workforce participation requirements shall apply to any competitively
procured Contract under this section unless:
1. The City Manager or designee deems the requirements unfeasible prior to issuance
of the ITB document;
2. It is disallowed by federal or state law or grant requirements;
3. Funding sources require alternate, contradictory or specifically exclude or disallow
local workforce participation requirements;
4. These requirements are waived by the City Commission by resolution, prior to
issuance of the ITB document, upon written recommendation of the City Manager or
City Manager's designee.
Bidders should refer to Section 18-89(f) of the City of Miami Procurement Code for further
clarification. This language is only a summary of the key provisions of the Local workforce
participation requirements. Please review City of Miami Ordinance No. 12271, § 2, 8-22-
02; Ord. No. 12654, § 2, 2-10-05; Ord. No. 12780, § 2, 3-9-06; Ord. No. 13275, § 2, 7-
14-11; Ord. No. 13331, § 2, 7-26-12; Ord. No. 13332, § 2, 7-26-12; Ord. No. 13493, § 2,
1-22-15 for a complete and thorough description of the Local workforce participation
requirements. You may contact the City Clerk at (305) 250-5360, to obtain a copy of the
same.
18. Responsible Wage and Benefits
Pursuant to Section 18-120 of the City of Miami Procurement Code, entitled "Responsible
Wage Construction Contracts", Prime Contractors and subcontractors shall be required to
pay Miami -Dade County Responsible Wages and Benefits rates to all labors and mechanics
for any construction contract with an award value in excess of $250,000.00.
Miami -Dade County Responsible Wages and Benefits rate schedules can be found at:
http://www.miamidade.00v/business/reports-waoes.aso
Bidders shall incorporate in their bid Responsible Wages and Benefits for building, heavy,
and/or highway construction to comply with the requirements of this ITB for horizontal and/or
vertical construction
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The only exception to this requirement is for construction projects which are federally funded
or which the State of Florida is paying fifty percent (50%) or more of the cost of the
construction project, or when expressly prohibited by state or federal law or an applicable
grant requirements. Federally assisted construction contracts must adhere to Davis -Bacon
Act wages and benefits rate schedules. Submission of weekly Certified Payroll Reports will
be required to demonstrate responsible wage and benefits compliance
19. Cone of Silence
Pursuant to Section 18-74 of the City's Procurement Code, a codification 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 Procurement at
schaney(miamigov.com. Bidders must also 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 rcastillo(c�miamigov.com.
This language is only an overview of the requirements of the Cone of Silence. Please review
Section 18-74 of the City's Procurement Code for a complete and thorough description of the
Cone of Silence. You may also contact the City Clerk at (305) 250-5360, to obtain a copy.
20. Public Entity Crime
A person or affiliate who has been placed on the convicted Bidder list following a conviction
for a public entity crime may not submit a proposal on a contract to provide any goods or
services to a public entity, may not submit a Response on a contract with a public entity for
the construction or repair of a public building or public works project, may not submit a
Response on a lease of real property to a public entity, may not be awarded or perform work
as a contractor, supplier, Subcontractor, or Consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of Florida Statutes for Category Two for a period of thirty-six (36)
months from the date of being placed on the convicted Bidder list.
21. Fraud and Misrepresentation
Any individual, corporation or other entity that attempts to meet its contractual obligations
with the City through fraud, misrepresentation or material misstatement, or omission of any
material fact, may be debarred for up to five (5) years in accordance with the applicable
provisions of the City of Miami Procurement Ordinance codified in the City Code. The City as
a further sanction may terminate or cancel any other contracts with such individual,
corporation or entity. Such individual or entity shall be responsible for all direct or indirect
costs associated with termination or cancellation.
22. Collusion
Where two (2) or more related parties, as defined herein, each submit a Response to an ITB
such submissions shall be presumed to be collusive. The foregoing presumption may be
rebutted by the presentation of evidence as to the extent of ownership, control and
management of such related parties in preparation and submission under such ITB. Related
parties shall mean employees, officers, owners 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 Bidder have a direct or indirect ownership interest in another Bidder for the
same project(s). ITB responses found to be collusive shall be rejected. Owners shall mean
those persons who own 5% or more of an interest in related parties.
23. Contractor in Arrears or Default
The Bidder represents and warrants that the Bidder 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 Bidder
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warrants that the Bidder has not been declared "not responsible" or "disqualified" by or
debarred from doing business with any federal, state, regional 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 Bidder's
responsibility or qualification to receive public agreements. The Bidder 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 shall deem as non -responsible Bids submitted by Bidders
where the City has determined that the Bidder is in monetary arrears, or otherwise in debt or
in default to the City, at the time and date Bids are due.
24. Cancellation of ITB
The City reserves the right to cancel, in whole or in part, any ITB 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.
25. Job Order Contracting Software and License Fee
The City selected The Gordian Group's (Gordian) Job Order Contracting (JOC) Solution
(Gordian JOC SolutionTM) for their JOC program. The Gordian JOG Solution' includes
Gordian's proprietary software eGordian° and Bid Safe°, JOC information management
applications, and the Construction Task Catatog®; which shall be used by the Contractor to
prepare and submit Job Order Proposals, subcontractor lists, and other requirements
specified by the City. The Contractor shall be required to execute Gordian's JOC System
License and Fee Agreement, and pay a one percent (1%) JOC System License Fee to obtain
access to the Gordian JOC Solution.
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Section 2 — General Terms and Conditions
1. Definitions
Adjustment Factor means the Contractor's competitively 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.
Architect means a designation reserved, usually by law, for a person or organization
professionally qualified and licensed in the State of Florida to perform architectural services
commissioned by the City for the design of Project.
Award Criteria Figure means the amount determined in the Award Criteria Figure
Calculation section of the Bid Form, which is used for the purposes of determining the lowest
Bid
Basis of Design means a specific manufacturer's product that is named; including the make
or model number or other designation, establishing the significant qualities related to type,
function, dimension, in-service performance, physical properties, appearance, and other
characteristics for purposes of evaluating comparable products of other manufacturers.
Bid means the response submitted by a bidder to this solicitation, which includes the price,
authorized signature and all other information or documentation required at by the Contract
Documents at the time of submittal.
Bidder means any individual, firm, incorporated or unincorporated business entity, or
corporation tendering a Submittal, acting directly or through a duly authorized representative.
A bidder once selected and awarded work under this ITB would become a Contractor
Bid Documents or ITB Documents means all documentation issued to Bidders as described
in Article 5 of the Instructions for Submission, and any addenda thereto.
Capital Improvement Project means any planned or unforeseen fixed capital outlay activity
authorized by the City of Miami Commission.
Change Order means a written document ordering a change in the Contract. A change order
must comply with the Contract Documents.
City means the City of Miami, Florida, a Florida municipal corporation. In all respects
hereunder, City's performance is pursuant to the City's capacity as Owner. In the event the
City exercises its regulatory authority as a governmental body, the exercise of such regulatory
authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be
deemed to have occurred pursuant to City's authority as a governmental body and shall not
be attributable in any manner to the City as a party to this Contract. For the purposes of this
Contract, "City" without modification shall mean the City Manager or Director, as applicable.
City Commission means the legislative body of the City of Miami.
City Manager means the duly appointed chief administrative officer of the City of Miami.
Community Small Business Enterprise ("CSBE") means a construction related
enterprise, including a design -build firm, and any firm providing trades and/or services for the
completion of a construction project, as defined in Section 10-33.02 of the Code of Miami -
Dade County. CSBE is additionally referenced in Section 18-89 of the City Code and in these
Contract Documents.
Completed Project(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.
Construction Costs means the total or estimated cost to the owner for all elements of the
project being awarded, including, at current market rates, with reasonable and customary
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allowance for overhead and profit, the costs of labor and materials, and any equipment or
supplies that have been specified in the Job Order.
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.
Construction Change Directive means a written directive to effect changes to the Work,
issued by the Consultant or the Director that may affect the Job Order Amount or Job Order
Completion Time.
Construction Engineering Inspection (CEI) means an individual or an organization
assigned by the Director of OCI responsible for assisting the City's Project and Construction
Managers in contract administration, site inspections, material sampling and project close-
out.
Construction Manager (CM) means the individual or organization assigned by the Director
of OCI whose duties include reviewing project documents during the design phase and
managing the construction phase that include but not limited to directing and coordinating
construction activities associated with the project.
Construction Schedule means a critical path schedule or other construction schedule, as
defined and required by the Contract Documents.
Consultant means a firm that has entered into a separate agreement with the City for the
provision of design/engineering services for a Project; and if applicable, means the Architect
or Engineer of Record contracted by the City to prepare the plans and specifications for the
Projects. Consultant may also be referred to as Architect or Engineer of Record.
Contract means the Invitation to Bid (ITB) solicitation and the Bid documents that have been
executed by the Bidder and the City subsequent to approval of award by the City.
Contractor means the person, firm, or corporation with whom the City has contracted and
who will be responsible for the acceptable and timely performance of any Work and for the
payment of all legal debts pertaining to any Work issued under this Contract through the
award of an ITB.
Contract Documents means the Contract as may be amended from time to time, 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 and Project(s).
Contractor/Selected Bidder means the person, firm, or corporation with whom the City has
contracted and who will be responsible for the acceptable performance of any Work and for
the payment of all legal debts pertaining to any Work issued under this Contract through the
award of an ITB.
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 Period means the period of time in which the Contractor is required to remedy
deficiencies in the Work or compliance with the Contract Documents after receipt of written
Notice to Cure from the City identifying the deficiencies and the time to Cure.
Days mean a calendar day, unless otherwise stated herein.
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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 Office of Capital Improvements or the Director's
authorized designee(s), 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.
Engineer of Record (EOR) also referred to as Consultant, means a designation reserved,
usually by law far a person or organization professionally qualified and licensed in the State
of Florida, and commissioned by the City to conduct engineering services.
Field Directive means a written approval for the Contractor to proceed with Work requested
by the City or the Consultant, which is minor in nature and should not involve additional cost.
Final Completion of the Job Order means the date subsequent to the date of Substantial
Completion at which time the Construction Manager has completed all the Work in
accordance with the Agreement as certified by the Architect or Engineer of Record or the
City, and submitted all documentation required by the Contract Documents.
Guaranteed Maximum Price /Guaranteed Maximum Price ("GMP") means the sum
established in the Job Order Amount /Job Order Book which will serve as the maximum not
to exceed cost for performance of the specified Job Order on the basis of all labor and
material, inclusive of overhead and profit. The City will never be liable to pay any sum in
excess of the GMP. The City may consider the Contractors reduction of its price below the
GMP in evaluating the Contractor for subsequent work.
Incidental Scope Documentation Services 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 conduct necessary
inspections of materials furnished by Contractor, and of the Work performed by Contractor.
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 a Contractor will be paid for completing a Job Order,
as indicated on each specific Purchase Order.
Job Order Book 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 Construction 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.
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Job Order Contract 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 Meeting 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.
Local Workforce Participation Requirements shall mean the requirements set forth in §
18-89 of the City Code that (unless determined inapplicable or exempted by the City Manager
pursuant to this Code Section) the Respondent Contractor will employ on -site labor from
persons who reside within the Miami -Dade County boundaries (e.g., County limits).
Lump Sum or Stipulated Sum means fixed price where the Contractor assumes the
responsibility for executing the complete Job Order work for the stated total sum of money
(Job Order Amount). This fixed price cannot be exceeded except due to extraordinary and
unforeseen circumstances requiring an amendment to the Job Order Amount. Generally the
City will have no liability to pay any sum, fee or cost in excess of the Lump Sum.
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 notifying 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 Catog® 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.
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 A.M. - 6:00 P.M., Monday through Friday and non -City -recognized holidays.
Notice To Proceed means a written letter or directive issued by the Director or designee
acknowledging that all conditions precedent have been met and directing that the Contractor
may begin Work on the Project(s).
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.
Physical Construction Labor means the excavation, movement of earth, erection of forms
or structures, or similar activity for the Project or Work.
Plans and/or Drawings means the official graphic representations of a Project(s).
Pre -Priced Task means a task included with 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 as requested by the City, referenced in the
Request for Price Proposal that must be completed in Progen °.
Proposal Package means a set of documents including at least: (1) a Price Proposal; (2) a
proposed Construction 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.
Job Order Contracting (JOC) for Horizontal
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Project or Work as used herein refers to all reasonably necessary and inferable construction
and services required by the Contract Documents whether completed or partially completed,
and includes all other labor, materials, equipment and services provided or to be provided by
the Contractor to fulfill the (its) obligations, including completion of the construction in
accordance with the Drawings and Specifications. The Work may constitute the whole or a
part of the Project(s).
Project Manager means the City employee assigned by the Director of OCf to manage
project(s) that may include, but is not limited to, coordination of design, procurement and
construction activities; assigning management tasks to EOR, CM or CEI (hereby known as
designee), establish lines of communication and responsibilities to ensure that the project is
completed in a timely mariner.
Request For Information (RFI) means a request from the Bidder 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 RFl must set forth the Bidder'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 Director who is also known as the
Risk 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 for Price Proposal (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 in
the Construction Specification Institute's (CSI) master format and are filed per CSI guidelines.
Subcontractor means a person, firm or corporation, other than employees of the Contractor,
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.
Superintendent means the representative of the Contractor at the construction site, who is
authorized to receive instructions from the City, and who is authorized to direct the
performance of Work on the behalf of the Contractor.
Supplemental Job Order 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.
Technical Specifications means the written requirements for materials, equipment,
systems, standards and workmanship for the Work, and performance of related services.
Job Order Contracting (JOC) for Horizontal
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Unit Price 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 complete 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 Work following expiration of the Job Order Completion
Time.
In agreeing to bear the risk of delays for completion of the Work except for extensions
approved in accordance with Article 71, Excusable Delays, the Contractor understands that,
except and only to the extent provided otherwise in the Contract Documents, the occurrence
of events of delay within the Contractor's control, the Work shall not excuse the Contractor
from its obligation to achieve full completion of the Work within the 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.
3. Contract Term
The term of this Contract shall be for three (3) 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 total term, with both extensions, would be for
five(5) years. The Contract shall terminate upon notice by the City that the Contract has been
dosed -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.
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 three (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
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courier/delivery service. For the present, the parties designate the following as the respective
places for giving of notice:
For City of Miami:
Daniel J. Alfonso
City Manager
Office of the City Manager
City of Miami
444 S.W. 2nd Avenue, 10th Floor
Miami, Florida 33130
Email: djalfonsoramiamigov.com
Phone: (305) 416-1025
Annie Perez, CPPO
Director/Chief Procurement Officer
Department of Procurement
City of Miami
444 S.W. 2nd Avenue, 6th Floor
Miami, Florida 33130
Email: AnniePerez(miamigov.com
Phone: (305) 416-1910
Jeovanny Rodriguez, P.E.
Director
Office of Capital Improvements
City of Miami
444 S.W. 2' Avenue, 8th Floor
Miami, Florida 33130
Email: jeovannyrodriguez(a�miamigov.com
Phone: (305) 416-1225
For Contractor:
TBD
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.
The Contractor shall notify the Miami Police Department and Fire Department about the
construction schedule(s). The Contractor is required to obtain a current list of contact persons
and phone numbers from the City of Miami's Project Manager prior to Construction.
The Contractor must notify residents living within five -hundred (500) feet of the Project in
writing as least one week in advance prior to commencing work in the general area.
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5. Priority of Provisions
All Work shall be constructed in accordance with the latest edition of the City of Miami's
Contract Documents and Specifications. The City of Miami's Standards for design and
construction as well as the Miami -Dade County Public Works Manual, Miami -Dade County's
Standards Details, and the 2016 Edition of the Florida Department of Transportation
Specifications Road and Bridge Construction.
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;
• Amendments to the Contract shall govern over the Contract;
• The Contract Documents shall govern over the Contract; and,
• Addenda to an ITB shall govern over the ITB.
In the event of conflicts within the Contract Documents the priorities stated below shall
govern:
• Scope of Work and Specifications shall govern over plans and drawings;
• 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 all other portions of the plans;
• Specific notes shall govern over all other notes, and all other portions of the plans,
unless specifically stated otherwise;
• Larger scale drawings shall govern over smaller scale drawings;
• Figured or numerical dimensions shall govern over dimensions obtained by scaling;
and
• 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, defend (at its own cost and expense), save and hold harmless
City, its officers, agents, directors, and employees, from all liabilities, damages, losses,
judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent
caused by the negligence, recklessness, negligent act or omission, or intentional wrongful
misconduct of Contractor and persons employed or utilized by Contractor in the performance
of this Contract. Contractor shall, further, hold the City, its officials and employees, harmless
for, and defend the City, its officials and/or employees against, any civil actions, statutory,
warranty, tort, contract, property damage or loss, 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. This indemnification, hold harmless and duty to defend shall
survive the cancellation and 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
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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, Florida Statutes
as applicable.
Contractor shall require all Subcontractor agreements to include a provision that they will
indemnify, hold harmless, and defend 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
Subcontractor, under this Agreement.
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and
independent consideration for the granting of this Indemnification, hold harmless and duty to
defend the receipt and sufficiency of which is acknowledged by the Contractor.
7 Insurance
Without limiting any of the other obligations or liabilities of Contractor, Contractor shall
provide, pay for, and maintain in force until all of its Work to be performed under this Contract
has been completed and accepted by City (or for such duration as is otherwise specified
hereinafter), the insurance coverage's set forth herein.
7.1 Workers' Compensation insurance to apply for all employees in compliance
with the Statutory "Workers' Compensation Law" of the State of Florida and
all applicable federal laws. In addition, the policy(ies) must include:
• Waiver of Subrogation
• Statutory State of Florida
• Limits of Liability
7.2 Employers' Liability with a limit of One Million Dollars ($1,000,000.00)
Dollars each bodily injury caused by an accident, each accident. One Million
Dollars ($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 (Primary & Non Contributory)
(CG 2010 11/85)
(CGL) with minimum limits of One Million Dollars ($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
noncontributory 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.
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■ Personal and Advertising Injury with an aggregate limit of One Million
Dollars ($1,000,000.00).
■ CGL Required Endorsements
o Employees included as insured
o Contingent Liability/Independent Contractors Coverage
o Contractual Liability
o Wavier of Subrogation
o Premises and/or Operations Liability
o Explosion, Collapse and Underground Hazard
o Loading and Unloading
o Mobile Equipment (Contractor's Equipment) whether owned,
leased, borrowed or rented by Contractor or employees of the
Contractor
City is to be expressly included as an Additional Insured 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:
o Auto/All Owned Autos/Scheduled;
o Hired, Borrowed, and Non -Owned Vehicles;
o Employers' Non -Ownership;
o Employees included as insured;
o 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 ($3,000,000.00) each occurrence and an aggregate limit of
Three Million Dollars ($3,000,000.00).
Excess follow form over all applicable liability policies contained herein.
City of Miami is listed as an additional insured.
7.6 Builder's Risk (if applicable)
Causes of loss: All Risk -Specific Coverage Project Location.
Valuation: Replacement Cost Deductible: $2,500, All other Perils 5°/0
maximum on Wind, City of Miami included as an Additional Insured.
As provided by Carrier:
o Materials, supplies and similar property owned by others for
which you are responsible.
o Full coverage up to policy limits for equipment breakdown.
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o Temporary storage/transit coverage.
a Full coverage up to policy limits for site preparation, re -
excavation, re -preparation and re -grade in the event of a loss.
o Fences, scaffolding, construction forms coverage and signs
o Valuable papers coverage for blueprints, site plans and similar
documents.
o Trees, shrubs, sod, plants while at premises.
o Earthquake
o 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.
o Temporary structures, cribbing and false work built or erected at
construction site.
o Unintentional errors and omissions in reporting clause
o Full coverage up to policy limits for testing including physical loss
caused by pneumatic and hydrostatic testing.
o Debris Removal.
o 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.
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 one hundred percent (100%) 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 Hood 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)
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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 installation Floater, Flood Insurance,
Pollution Liability Insurance, Owners and Contractors Protective (OCP) Liability
Coverage andlor any other additional insurance required by the City, as determined
by the City on a Job Order 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 provide the additional insurance(s) will be
treated as a contract cost reimbursable. The Contractor shall 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).
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer not less than (30) days prior to any such cancellation or
material change. If the initial insurance expires prior to the completion of the Work, renewal
copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration.
Notice of Cancellation and/or Restriction --The policy(ies) must be endorsed to provide City
with at least thirty (30) days' notice of cancellation and/or restriction.
Contractor shall furnish to the Office of Capital Improvements the Certificates of
Insurance or endorsements evidencing the insurance coverage for Worker's
Compensation, Employers' Liability, Commercial General Liability, Business
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. The City of Miami shall be listed as an additional insured where
applicable.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above to the Contractor.
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 for certificates of
insurance are subject to review and verification by Risk Administrator prior to insurance
approval.
The Risk Administrator or 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. For insurance bonding issues and decisions, the City shall act through its Risk
Administrator (unless otherwise stated).
S. Performance and Payment Bond
The Contractor, with the submission of its first Price Proposal, during the initial term or any
subsequent option to renew periods, 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,
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The initial Bond shall be in the amount equal to one hundred percent (100%) of the estimated
annual value of each contract (horizontal construction contract and 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 Payment and
Performance Bond shall be substantially in the form prescribed by Section 255.05, Florida
Statutes, and shall be subject to the review and approval of the City Manager or Director of
Risk Management. Any material deviation from the prescribed form or amount of bond or
required amount of the bond will be rejected.
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, in the event the City increases the dollar value of the contracts, 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 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
irrevocable/ unconditional letter of credit in the form attached. Such alternate forms of security
shall be subject to the prior approval of City Manager or the Director of Risk Management,
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. The
security furnished must be from a surety or bank authorized to transact business in Florida.
Personal checks or promissory notes or their equivalent are NOT acceptable alternate forms
of security.
9. Qualification of Surety
Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000):
Each Bond must be executed by a surety company with a rating of (A-) and based on the
Financial Size Category of (VII). The surety company must be 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
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Job Order Contracting (JOC) for Horizontal
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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.
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 if so requested by the
Project Manager, should the Project Manager make a determination that said staffing is
unacceptable or that any individual is not performing in a manner consistent with the
requirements for such a position.
The Contractor represents that its staff 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 and the Consultant, and coordinate
its respective Work efforts to most effectively and efficiently progress the performance of the
Work.
The City, the Consultant and other agencies authorized by the City, shall have full access to
the Project(s) site(s) at all times.
The Contractor shall be responsible for the good condition of the Work or materials until
formal release from his obligations under the terms of the Contract Documents.
Contractor shall bear all losses resulting to it on account of the amount or character of the
Work, or the character of the ground, being different from what he anticipated.
The Contractor shall at all times conduct the Work in such manner and in such sequence as
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.
The apparent silence of the Contract Documents as to any detail, or the apparent omission
from them of a detailed description concerning any Work to be done and materials to be
furnished, shall be regarded as meaning that only best practices are to prevail and only
materials and workmanship of the best quality are to be used in the performance of the Work.
11. Method of Performing the Work
If the Project Manager reasonably determines the rate of progress of the Work is not such as
to ensure its completion within the designated completion time, or if, in the opinion of the
Project Manager, 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 Construction Schedule
accepted by or determined by the Project Manager, the Project Manager or the Consultant
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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. 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.
Contractor is responsible to control dust and prevent it from becoming a public nuisance or
causing off -site damage. Contractor shall take all necessary and prudent measure to control
dust.
The Contractor shall furnish to the Project Manager and the Consultant a complete listing of
24-hour telephone numbers at which responsible representatives of the Contractor and all of
the Contractor's 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, 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. All requests for such interruption or obstruction must be given in writing to the
Project Manager twenty-four (24) hours in advance of the interruption of City operations.
The Contractor shall familiarize itself with normal City operations where the Work is to be
performed so that it can conduct the Work in the best possible manner to the complete
satisfaction of the Project Manager.
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.
13. Site Investigation and Representation
Prior to the submission of a Price Proposal, the Contractor acknowledges that it has satisfied
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 further acknowledges that it has satisfied itself based on any geotechnical
reports the City may provide and inspection of the Project(s) site(s) as to the character,
quality, and quantity of surface and subsurface materials to be encountered from inspecting
the site and from evaluating information derived from exploratory work that may have been
done by the City or included in this Contract Documents.
Contractor shall examine the soil conditions at the Project site to determine if any special
shoring, sheeting, or other procedures are necessary to protect adjacent property during
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excavation of subsoil materials or during filling of any area(s), or for any operation during the
performance of the Work.
Any failure by the Contractor to acquaint itself with all the provided information and
information obtained by visiting the Project(s) site(s) will not relieve Contractor from
responsibility for properly estimating the difficulty or cost thereof under the Contract
Documents. In the event that the actual subsurface conditions vary from the actual City
provided reports the Contractor shall notify the City and this Contract Documents amount
may be adjusted up or down depending on the conditions.
14. Contractor to Check Plans, Specifications and Data
Contractor shall verify all dimensions, quantities and details shown on the plans,
specifications or other data received from Project Manager or Consultant as part of a Contract
Documents, and shall notify the Project Manager and the Consultant of all errors, omissions
and discrepancies found therein within three (3) calendar days of discovery. Contractor will
not be allowed to take advantage of any error, omission or discrepancy, as full instructions
will be furnished 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.
15. Contractor's Responsibility for Damages and Accidents
Contractor shall accept full responsibility for Work against all losses or damages of whatever
nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no
additional cost to the City, 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.
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 of 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 Regulations, including 29 Code of Federal Regulations (CFR)
1926.50.
In addition, the Contractor must report immediately to the Project Manager 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:
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o All employees on the Project(s) site(s) and other persons who may be affected
thereby;
o All the Work and all materials or equipment to be incorporated therein, whether in
storage on or off the Project(s) site(s); and
o 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 Toss 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 has issued the Contractor a notice of Final Acceptance.
Contractor must adhere to the applicable environmental protection guidelines for the duration
of a Project. If hazardous waste materials are used, detected or generated at any time, the
Project Manager must be immediately notified of each and every occurrence. The Contractor
shall comply with all codes, ordinances, rules, orders and other legal requirements of public
authorities (including OSHA, EPA, DERM, the City, Miami -Dade County, State of Florida, and
Florida Building Code), which bear on the performance of the Work.
The Contractor shall take the responsibility to ensure that all Work is performed using
adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing,
scaffolding, barricades, chain Zink 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 all 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 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:
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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;
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; and,
• 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, supplies, furnishing, fixtures, inventory, 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, Laws, and Licenses
The Contractor shall comply with all laws, rules, regulations, permits, licenses, standards,
manuals, specifications, public agency consents and approvals relative to the provision of
services , equipment, supplies and/or materials specified in the Contract Documents,
including without limitation those imposed by the federal, state, county or city agencies having
jurisdiction over the matter. The Contractor, its agents, Subcontractors and representatives
shall be familiar with and comply with all federal, state and local laws, rules, regulations and
approvals that may affect the Work, 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 a 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 22, 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
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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,
Construction 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
terminated Consultant.
22. Project Management
Where a Contractor is awarded Work, the Contractor shall be responsible for all Project
management, including any and all subcontracts necessary to ensure that the Work is
performed in accordance with the Contract Documents. Project Management shall include,
but is not limited to: obtaining bids from Subcontractors and suppliers; coordinating the
securing of al! 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 the Project Manager. The Superintendent shall not
be replaced except with the written consent of the Project Manager, unless the
Superintendent proves to be unsatisfactory to Contractor and ceases to be in Contractor's
employment. 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 to the Work, using Contractor's best skills and attention. The Project Manager
and the Consultant shall be provided telephone number(s) for the Superintendent where the
Superintendent can be contacted during normal working hours as well as after hours for
emergencies.
On Project(s) in excess of 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 the
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.
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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 the Contractor's duty to immediately inform the Project
Manager and Consultant, in writing, and Project Manager, 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. 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 persons properly
licensed for the Work being performed.
24. Authority of the Project Manager
The Director hereby authorizes the Project Manager or the Consultant designated in the
Contract Documents to determine, all questions of any nature whatsoever arising out of,
under or in connection with, or in any way relating to or on account of the Work, and questions
as to the interpretation of the Work to be performed under this Contract Documents.
The Contractor shall be bound by all determinations or orders of the Project Manager and
the Consultant and shall promptly respond to requests of the Project Manager and
Consultant, including the withdrawal or modification of any previous order, and regardless of
whether the Contractor agrees with the Project Manager's or Consultant's determination or
requests. Where requests are made orally, the Project Manager or Consultant will follow up
in writing, as soon thereafter as is practicable.
The Project Manager or Consultant shall have authority to act on behalf of the City to the
extent provided by the Contract, unless otherwise modified in writing by the City. All
instructions to the Contractor shall be issued in writing, and 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 them in
good faith either to exercise or not to exercise such authority, shall give rise to any duty or
responsibility of the Project Manager or Consultant to the Contractor, any Subcontractor,
supplier or any of their agents, employees, or any other person performing any of the Work.
All interpretations and recommendations of the Project Manager and Consultant shall be
consistent with the intent of the Contract Documents.
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The Project Manager and Consultant will not be responsible for the acts or omissions of the
Contractor, any Subcontractor, or any of their agents or employees, or any other persons
performing any of the Work.
25. Inspection of Work
Consultant, Inspectors and the City shall at all times have access to the Work during normal
work hours, and Contractor shall provide proper facilities for such access and for inspecting,
measuring and testing.
Should the Contract Documents, Consultant, Inspector or 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 the Project Manager timely notice of readiness of the Work
for testing. If the testing or approval is to be made by an authority other than City, timely
notice shall be given of the date fixed for such testing. Testing shall be made promptly, and,
where practicable, at the source of supply. If any of the Work should be covered up without
approval or consent of Project Manager, it must, if required by the Project Manager, 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 conducted so that the City or Consultant may be present for such procedures.
Re-examination of any of the Work may be ordered by the Project Manager or Consultant,
and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in
accordance with the Contract Documents, City shall pay the cost of re-examination and
replacement by means of a Supplemental Job 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 the Project
Manager or 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.
26. Taxes
Contractor shall pay all applicable sales, consumer, use and any other taxes, levies,
impositions, or assessments required by law, rule or regulation or imposed by any
governmental authority with authority to assess them. Contractor is responsible for reviewing
the pertinent state statutes involving state taxes and complying with all requirements.
27. Separate Contracts
Prior to the commencement of the Work, the Project Manager or the Consultant will notify the
Contractor of all ongoing projects or projects scheduled to commence during the Work that
may require coordination. The Contractor shall be responsible for coordinating the Work with
any other project to minimize any potential adverse impact. Contractor shall not be entitled
to any days of delay for failure to properly coordinate the Work. The Consultant and the
Project Manager will assist the Contractor in coordinating the Work, however, the sole
responsibility for coordination rests with the Contractor.
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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 the Project Manager any
defects in such work that render it unsuitable for such proper execution and results.
Contractor's failure to so inspect and report shall constitute an acceptance of the other
person's work as fit and proper for the reception of Contractor's Work, except as to defects
which may develop in other contractor's work after the execution of Contractor's 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 the Project Manager any discrepancy between
the executed Work and the requirements of the Contract Documents.
28. Lands of Work
City shall provide, as may be indicated in the Contract Documents, the lands upon which the
Work is to be performed, rights -of -way and easements for access thereto and such other
lands as are designated by City for the use of Contractor.
Contractor shall provide, at the Contractor's own expense, and without liability to City, any
additional land and access thereto that may be required for temporary construction facilities,
or for storage of materials. 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.
29. Coordination of Work
The Project(s) Site(s) may be occupied and may operate on a twenty-four (24) hour seven
(7) 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(s) Site(s) shall be
coordinated with the Project Manager and the Consultant to minimize interference to regular
and emergency operations of the facility.
Contractor may be required to coordinate the Work with other contractors performing work at
the Project(s) Site(s).
30. Differing Site Conditions
In the event that during the course of the Work Contractor encounters subsurface or
concealed conditions at the Project(s) Site(s) which differ materially from those shown in the
Contract Documents and from those ordinarily encountered and generally recognized as
inherent in work 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 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 the 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 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
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referred to the Director for determination. Should the Director determine that the conditions
of the Project(s) Site(s) are not so materially different to justify a change in the terms of the
Contract Documents, the Director shall so notify the Project Manager, Consultant, and
Contractor in writing, stating the reasons, and such determination shall be final and binding
upon the parties hereto.
No request by Contractor for an equitable adjustment to the Contract Documents under this
provision shall be allowed unless Contractor has given written notice and otherwise fully
documented altering site conditions in strict accordance with the provisions of this Article. No
request for an equitable adjustment or change to the 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.
31. Existing Utilities
Known utilities and structures adjacent to or encountered in the Work will be shown on the
Drawings provided for a Project. The locations shown are taken from existing records and
the best information available from existing plans and utility investigations; however, it is
expected that there may be some discrepancies, variations, and omissions in the locations
and quantities of utilities and structures shown. Those shown are for the convenience of the
Contractor only, and no responsibility is assumed by either the City for their accuracy or
completeness. No request for additional compensation or Job Order Completion Time
resulting from encountering utilities not shown or not known 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 forty-eight
(48) hours before the Contractor commences any digging. The Contractor is responsible for
removing all utility markings once the work is completed. Final payment to the Contractor
may be withheld until the utility marks are removed.
32. Contractor's Responsibility for Utility Properties and Service
Where the Contractor's operations could cause damage or inconvenience to railway,
telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems,
the Contractor shall make all arrangements necessary for the protection of these utilities and
services or any other known utilities.
Notify all utility companies that are affected by the construction operation at least forty-eight
(48) hours in advance. Under no circumstance expose any utility without first obtaining
permission from the appropriate agency. Once permission has been granted, locate, expose,
and provide temporary support for all existing underground utilities and utility poles where
necessary.
The Contractor and 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
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the service with similar and equal materials at the Contractor's expense and as approved by
the Project Manager.
Replace, with material approved by the Project Manager, 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.
Replace, with material approved by the Project Manager, at Contractor's expense, any
existing utilities damaged during the Work
33. Interfering Structures
An attempt will be made to show major structures on the furnished Drawings. While the
information has been compiled from the best available sources, its completeness and
accuracy cannot be guaranteed, and is presented as a guide. The Contractor shall field verify
all locations. Contractor shall coordinate with any affected companies, including utility
companies and take necessary precautions to prevent damage to existing structures whether
on the surface, above ground, or underground, including have the owner of the interfering
structures place temporary supports.
34. Field Relocation
During the process of the Work, it is expected that minor relocations of the Work may be
necessary. Such relocations shall be made only by the direction of the Project Manager at
the Contractor's expense. If existing structures are encountered that will prevent construction
as shown, the Contractor shall notify the Project Manager before continuing with the Work in
order that the Project Manager may make such field revisions as necessary to avoid conflict
with the existing structures. Where the Contractor fails to notify the Project Manager when
an existing structure is encountered, and proceeds with the Work despite this interference,
the Contractor does so at his own risk.
35. Contractor's Use of Project(s) Site(s)
Limitations may be placed on the Contractors use of the Project(s) Site(s) and such
limitations will be identified by the Project Manager. In addition to such limitations, the Project
Manager may make storage available to the Contractor, at his sole discretion, based on
availability of space. The Contractor shall also coordinate and schedule deliveries so as to
minimize disruptions to City day-to-day operations.
The Contractor shall limit its use of the Project(s) Site(s), so as to allow for the City's
continuous operation. This is necessary, as the Project(s) Site(s) may remain in operation
during the Work.
The Contractor shall:
• Confine operations at the Project(s) Site(s) to the areas permitted by the Project
Manager; 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.
• Keep existing driveways and entrances serving surrounding facilities clear and
available to the City, its employees and the public at all times; not use areas for
parking and/or storage of materials except as authorized by the Project Manager.
• o Assume all responsibility for its tools, equipment and materials, including any
materials purchased for the Work and not accepted by the City, and its vehicles while
performing Work for the City and/or while parked or stored at a City facility. The City
assumes no liability for damage or loss to the items specified in this paragraph.
Access to parking and egress from the Project(s) Site(s) shall be subject to the approval of
the Project Manager.
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36. Warranty of Materials and Equipment
Contractor warrants to City that all materials and equipment furnished under the Contract
Documents will be new unless otherwise specified and that all of the Work will be of good
quality, free from faults and defects and in conformance with the Contract Documents. All
Work not conforming to these requirements, including substitutions not properly approved
and authorized, may be considered defective. If required by the Project Manager, Contractor
shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This
warranty is not limited by any other provisions within the Contract Documents.
37. Material and Equipment Shipment, Handling, Storage and Protection
Preparation for Shipment
When practical, equipment shall be factory assembled. The equipment parts and assemblies
that are shipped unassembled shall be furnished with assembly plan and instructions. The
separate parts and assemblies shall be factory match -marked or tagged in a manner to
facilitate assembly. All assemblies are to be made by the Contractor at no additional cost to
the City.
Generally, machined and unpainted parts subject to damage by the elements shall be
protected with an application of a strippable protective coating, or other approved protective
method.
Equipment shall be packaged or crated in a manner that will provide protection from damage
during shipping, handling, and storage.
The outside of the package or crate shall be adequately marked or tagged to indicate its
contents by name and equipment number, if applicable; approximate weight; state any
special precautions for handling; and indicate the recommended requirements for storage
prior to installation.
Packaging and Delivery of Spare Parts and Special Tools
Properly mark to identify the associated equipment by name, equipment, and part number.
Parts shall be packaged in a manner for protection against damage from the elements during
shipping, handling, and storage. Ship in boxes that are marked to indicate the contents.
Delivery of spare parts and special tools shall be made prior to 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
Construction 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 Factors 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
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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 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
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, and shall remain the
property of the City. All other material shall be disposed of by the Contractor at his own
expense.
38. 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.
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
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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.
Confirm measurements and dimensions of the Work, as an integral step in starting each
portion of the Work.
Install each unit or section of Work during favorable weather conditions, which shall ensure
the best possible results in coordination with the entire Project(s) and isolate each unit of
Work from incompatible Work as necessary to prevent potential interference among each
section and/or deterioration of equipment.
Coordinate enclosure of the Work, which requires inspections and tests so as to minimize
the necessity of uncovering Work for that purpose.
When required by the Contract Documents or the manufacturer, a qualified representative
shall be present to observe field conditions, conditions of surface and installation, quality of
workmanship, and applications. Manufacturer's representative shall provide the Contractor
and the Project Manager a written report of field observations.
39. Manufacturer's Warranty
Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or
implied, shall be made available to the City for material and equipment covered by this
Contract Documents. All material and equipment furnished shall be fully guaranteed by the
Contractor against factory defects and workmanship. At no expense to the City, the
Contractor shall correct any and all apparent and latent defects that may occur within the
manufacturer's standard warranty. The Contract Documents may supersede the
manufacturer's standard warranty. Manufacturer's warranties will become effective upon
Final Acceptance of the Project(s).
40. Reference Standards
Reference to the standards of any technical society, organization or body shall be construed
to mean the latest standard adopted and published at the date of request for qualifications,
even though reference may have been made to an earlier standard. Such reference is hereby
made a part of the Contract Documents the same as if herein repeated in full and in the event
of any conflict between any of these standards and those specified, the most stringent shall
govern unless otherwise stated.
41. Submittals
Contractor shall review 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.
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 in writing of any deviations from the Contract
Documents. Failure of the Contractor to advise the Project Manager 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
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• Space above the title block for Project Manager' or Consultant's action stamp
• Submittal or re -submittal number (whether first, second, third, etc.)
Date of submittal
Contractor shall sign, in the proper block, each sheet of Shop Drawing and data and each
sample label to certify compliance with the requirements of the Contract Documents. Shop
Drawing submitted without the stamp and signature shall be rejected and it will be considered
that the Contractor has not complied with the requirements of the Contract Documents.
Contractor shall bear the risk of any delays that may occur as a result of such rejection.
City shall not be liable for any materials, fabrication of products or Work commenced that
requires submittals until the Project. Manager has returned approved submittals to the
Contractor.
Project Manager shall make every effort to review submittals within fourteen (14) calendar
days from the date of receipt by the Project Manager. Project Manager'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 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 of the specific deviations and the Consultant has issued
written approval of such deviations,
By approving and submitting Shop Drawings, Product Data and Samples, the Contractor
represents that all materials, field measurements and field construction criteria related thereto
have been verified, checked and coordinated with the requirements of the Work and have
been verified, checked and coordinated with this Contract Documents.
Contractor shall be responsible for the distribution of all Shop Drawings, copies of product
data and samples, which bear the Project Manager's or Consultant's stamp of approval.
Distribution shall include, but not be limited to; job site file, record documents file,
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 or Consultant's review of Shop Drawings, Submittals and
Samples shall be construed as authorizing additional Work or increased cost to the City.
42. Shop Drawings
Contractor shall submit Shop Drawings as required by the Contract Documents. The purpose
of the Shop Drawings is to show, in detail, the suitability, efficiency, technique of 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 the
Project Manager 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 the Project Manager 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.
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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.
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 shall review and accept or reject with comments, Shop Drawings within
fourteen (14) calendar days from the date received, Project Manager'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 the Project Manager. Approval shall not relieve Contractor
from responsibility for errors or omissions of any sort on the Shop Drawings.
No approval will be given to partial submittals of Shop Drawings for items which interconnect
and/or are interdependent where necessary to properly evaluate the design. It is Contractor's
responsibility to assemble the Shop Drawings for all such interconnecting and/or
interdependent items, check them and then make one submittal to the Project Manager 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 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 approval at
the job site at all times.
43. Product Data
Contractor shall submit four (4) copies of product data, warranty information and operating
and maintenance manuals. Each copy must be marked to identify applicable products,
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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 fifty percent (50%) completion of construction.
44. Samples
Contractor shall submit samples to illustrate the functional characteristics of the product(s).
Submittals shall be coordinated for different categories of interfacing Work. Contractor shall
include identification on each sample and provide full information.
45. Record Set
Contractor shall maintain in a safe place at the Project(s) Site(s) one record copy and one
permit set of the Contract Documents, including, but not limited to (as they relate to each
specific Project), all Drawings, Specifications, Shop Drawings, amendments, Supplemental
Job 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 Supplemental Job
Orders, Construction Change Directives, and Field Directives as well as all written
interpretations and clarifications, and all concealed and buried installations of piping, conduit
and utility services. Contractor shall certify the accuracy of the updated record documents.
As a condition precedent to City's obligation to pay Contractor, the Contractor shall provide
evidence, satisfactory to the Project Manager and the Consultant, that Contractor is fulfilling
its obligation to continuously update the record documents. All buried items, outside the
Project(s) Site(s), shall be accurately located on the record documents as to depth and in
relationship to not less than two (2) permanent features (e.g., interior 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. The record documents shall be available to the
City and the Consultant for reference. Upon completion of the Work and as a condition
precedent to Contractor's entitlement to final payment, the record documents shall be
delivered to the Project Manager by the Contractor. The Record Set of Drawing shall be
submitted in both hard copy and as electronic plot files.
46. Supplemental Drawings and Instructions
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.
47. 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.
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The Project Manager 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 prior to resubmission to the permitting agency.
Acceptance by the City shall not relieve the Contractor from responsibility for errors and
omissions in the drawings.
48. Substitutions
Whenever materials or equipment are specified or described in the 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 after sufficient information is submitted by the
Contractor to allow City and the Consultant to determine that the material or equipment
proposed is equivalent or equal to that named. Requests for review of substitute items of
material and equipment will not be accepted by City and 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
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substitute. No substitute shall be ordered, installed or utilized without the City's and the
Consultant's prior written acceptance which shall be evidenced by either a Supplemental Job
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 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.
Contractor shall maintain sole liability and responsibility for ensuring that all substitutions and
any required design of such are in full compliance with and meet all the requirements of the
Contract Documents.
49. City Furnished Drawings
The City, at its sole discretion and option , may furnish design drawings, as 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 (RFI). The City shall respond to all RFI's in writing.
The Contractor shall have no basis for any claim for additional costs resulting from their failure
to identify any required revisions, omissions and/or errors, not identified in writing to the
Project Manager prior to commencing the Work.
The drawings are to be addressed as a complete set and should not be used in parts.
Contractor shall be responsible to coordinate the set of drawings with all trades to ensure
that the Work will be performed correctly and coordinated among the trades. Contractor shall
not scale the drawings.
50. Interpretation of Drawings and Documents
Drawings and specifications are intended to be consistent, be mutually explanatory, and
should be used together and not separately, During the performance of the Project(s), should
any errors, omissions, conflicts, ambiguities or discrepancies be found in the drawings and/or
specifications, the Project Manager or the Consultant will clarify in writing the intent of the
drawings and/or specifications and the Contractor agrees to abide by the Project Manager's
or Consultants interpretation and perform the Work in accordance with the decision of the
Project Manager or the Consultant. In such event, the Contractor will be held to have included
in its Price Proposal the best materials suitable for the purpose and/or methods of
construction.
51. Product and Material Testing
All tests shall 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
expense, and shall be included in the Price Proposal and in accordance with the rules
specifically found in the CTC. The City may, in its sole and absolute discretion, test materials
and products at its own cost. However, should such materials or products fail to pass the test
and/or meet the requirements of the Contract Documents, the Contractor shall reimburse the
City for the cost of such tests and repair or replace said materials or products. In such
instances the City may deduct such cost from any payments pending to the Contractor.
52. Field Directives
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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 forty-eight (48)
hours, notify the Project Manager 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 that the Contractor reserves the right to make a claim for the time and monies based
on the Field Directive. At no time shall the Contractor refuse to comply with the directive.
Failure to comply with the directive may result in a determination that the Contractor is in
default of the Contract.
53. Changes in the Work or Contract Documents
Without invalidating the Contract Documents and without notice to any Surety, City reserves
and shall have the right, from time to time to make such increases, decreases or other
changes in the character or quantity of the Work under the Contract Documents as may be
considered necessary or desirable to complete fully and acceptably the proposed
construction of a Project in a satisfactory manner. Any extra or additional Work within the
scope of the Project(s) must be accomplished by means of appropriate Field Orders and
Supplemental Instructions or Supplemental Job Orders.
Any changes to the terms of the Contract Documents must be contained in a written
document, executed by the parties hereto. This section shall not prohibit the issuance of
Change Orders executed only by City.
54. Continuing the Work
Contractor shall carry on the Work and adhere to the Construction Schedule during all
disputes or disagreements with City, including disputes or disagreements concerning a
request for a Supplemental Job Order, a request for a change in the Job Order Amount or
Job Order Completion Time. The Work shall not be delayed or postponed pending resolution
of any disputes or disagreements.
55. 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 Supplemental Job Orders approved in advance and issued in accordance
with the provisions of the City.
In the event satisfactory adjustment cannot be reached for any item requiring a change in the
Job Order Amount or Job Order Completion, and a Supplemental Job 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 90, Resolution of Disputes. During the pendency of the dispute, and upon receipt of
a Supplemental Job 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 Supplemental Job Order for determining the proposed
adjustment in the Job Order Amount or Job Order Completion Time.
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.
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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 the Contractor deems such
Work (hereinafter "Disputed Work") to be Extra Work. Said notice is for the purposes of (1)
affording an opportunity to the Project Manager to cancel such order, direction or
requirements promptly; (2) affording an opportunity to the Project Manager to keep an
accurate record of materials, labor and other items involved; and (3) affording an opportunity
to the City to take such action as it may deem advisable in light of such disputed Work.
56. Supplemental Job Order Procedure
Unforeseen/latent conditions, additions to and deletions from the Detailed Scope of Work will
be addressed via Supplemental Job Orders.
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 Section 3, Supplemental Terms and
Conditions, Article 3, Job Orders of the ITB Documents and receipt of the Notice to Proceed
with the Extra Work. Upon receipt of the Notice to Proceed, 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 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 Construction Schedule. If the Contractor fails to notify the
Project Manager 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 Section 3, Supplemental Terms and Conditions, Article 3, Job Orders
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 Supplemental Job Order. The execution by the Contractor of
the 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 Supplemental Job Order that affects the Job Order Completion Time the
Contractor shall, within five (5) business days submit a revised Construction Schedule
reflecting the changes against the baseline schedule.
57. No Oral Changes
Except to the extent expressly set forth in the Contract, no change in or modification,
termination or discharge of the Contract or, in any form whatsoever, shall be valid or
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enforceable unless it is in writing and signed by the parties charged, therewith or their duly
authorized representative.
58. Value of 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).
59. Extra Work Directive
If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or
extenuating circumstances, the City may nevertheless issue a directive to the Contractor to
do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the
Contractor shall be obligated to proceed with the Work set forth in that directive.
Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to the
Article 90, 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 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 58, Value of
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.
60. As -Built Drawings
During the Work, Contractor shall maintain records of all deviations from the Drawings and
Specifications as approved by the Project Manager and Consultant and prepare two copies
of 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;
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• 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
Supplemental Job Order;
• Details not on original Contract Drawings;
• Equipment, conduit, electrical panel locations; and,
• 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
Supplemental Job Order.
Approved Shop Drawings: Provide record copies for each process equipment, piping,
electrical system and instrumentation system.
As -built documents shall be updated monthly as a condition precedent to payment.
For construction of new building, or building additions, field improvements, and or roadway
improvements as -built drawings signed and sealed by a Florida licensed Registered Land
Surveyor.
In addition, for projects which involve roadwork and drainage, 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
Certified P.L.S.) 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 on 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.
61. Worker's Identification
The Contractor's employees, who include any Subcontractor, shall wear an identification card
provided by the Contractor. The identification card shall bear the employee's picture, name,
title and name of the employer. Failure by a Contractor's employee to wear such identification
may result in their removal from the Work until such time as the identification card is obtained
and worn. Such removal shall not act as a basis for the Contractor to submit a claim for an
extension of the Job Order Completion Time.
62. Removal of Unsatisfactory Personnel
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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).
63. Substantial Completion, Punch List, and Final Completion
The Work shall be substantially complete when the Project Manager, in the reasonable
exercise of his/her discretion determines that the Work is complete and there are no material
and/or substantial variations from the Contract Documents and the Work is fit for its intended
purpose. Upon Substantial Completion, the Project Manager and the Contractor 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 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 shall schedule the
date and time for any inspection and notify the Contractor and any other parties deemed
necessary. During this inspection, the Project Substantial Completion Inspection Form will be
completed as necessary. Any remaining Construction Work shall be identified on this form
and shall be known as Punch List Work. The Punch List shall be signed by the Project
Manager, and 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 determines, on the appropriate form that the Work is not
substantially complete, the Project Manager 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 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 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.
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64. Acceptance and Final Payment
Upon receipt of written notice from Contractor that the Work is ready for final inspection and
acceptance, Project Manager shall, within ten (10) calendar days, make an inspection
thereof. If Project Manager finds 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 the 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 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 so certifies, City shall, upon
such certification of the Project Manager, and without terminating the Contract Documents,
make payment of the balance due for that portion of the Work fully completed and accepted.
Such payment shall be made under the terms and conditions governing final payment, except
that it shall not constitute a waiver of claims.
The acceptance of final payment shall constitute a waiver of all claims by Contractor, except
those previously made in strict accordance with the provisions of the Contract and identified
by Contractor as unsettled at the time of the application for final payment.
65. NPDES 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:lfwww.dep.state.fl.usfwater/stormwaterfnpdes/. Contractor is responsible for obtaining,
completing and paying for any required NPDES application or permits that may be required.
66. Force Majeure
Should any failure to perform on the part of Contractor be due to a condition of force majeure
as that term is interpreted under Florida law, then the City may allow an extension of the 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.
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67. Extension of Time
Any reference in this section to the Contractor shall be deemed to include suppliers, and
permitted Subcontractors, whether or not in privity 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 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 Supplemental Job 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.
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68. 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
in accordance with Article 70, No Damages for Delay, if City and Contractor cannot otherwise
agree. It is expressly and specifically agreed 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.
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.
69. Extension of Time not Cumulative
in case the Contractor shall be delayed for any period of time by two or more of the causes
mentioned in Article 71, Excusable Delay, Non-Compensable the Contractor shall not be
entitled to a separate extension for each one of the causes; only one (1) period of extension
shall be granted for the delay.
70. No 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. NO EXCEPTIONS.
Except as may be otherwise specifically provided for in the Contract Documents, the
Contractor agrees to make no claim for damages for delay of any kind in the performance of
the Contract Documents whether occasioned by any act or omission of the City or any of its
representatives (whether it is an Excusable Delay or otherwise) and the Contractor agrees
that any such claim shall be compensated solely by an extension of time to complete
performance of the Work. In this regard, the Contractor alone hereby specifically assumes
the risk of such delays, including without limitation: delays in processing or approving shop
drawings, samples or other submittals or the failure to render determinations, approvals,
replies, inspections or tests of the Work, in a timely manner. Contractor shall not receive
monetary compensation for City delay. Time extensions may be authorized, in writing, by the
City in certain situations.
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71. Excusable Delay, Non-Compensable
Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its
Subcontractors, suppliers and vendors, and is also caused by circumstances beyond the
control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its
Subcontractors, suppliers or vendors and by the City or Consultant. Then Contractor shall
be entitled only to a Job Order Completion Time extension and no compensation for the
delay.
Contractor is entitled to an 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 68, Notification of Claim, hereof.
Failure of Contractor to comply with Article 68, Notification of Claim hereof as to any particular
event of delay shall be deemed conclusively to constitute a waiver, abandonment or
relinquishment of any and all claims resulting from that particular event of delay.
72. Lines and Grades
The Contractor shall, at its own expense, establish all working and construction lines and
grades as required from the Project control points set by the City, and shall be solely
responsible for the accuracy thereof.
73. 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.
74. 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
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amount is determined after final payment, any difference in the amount shall be paid to the
City by the Contractor.
75. Uncovering Finished Work
The Project Manager's, Inspector's and/or Consultant's right to make inspections shall
include the right to order the Contractor to uncover or take down portions of finished Work,
The Project Manager 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(s) Site(s).
76. Correction of Work
The Contractor shall promptly correct all Work rejected by the Project Manager or Consultant
as defective or as failing to conform to the Contract Documents, whether observed before or
after Substantial Completion and whether or not fabricated, installed or completed. The
Contractor shall bear all cost of correcting such rejected 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(s) of time as may be prescribed by law, by the Contract Documents, or by the terms
of any applicable special warranty required by the Contract Documents, any of the Work is
found to be defective or not in accordance with the Contract Documents, the Contractor shall
correct it promptly after receipt of a written notice from the City to do so. The City shall give
such notice promptly after discovery of the condition.
All such defective or non -conforming Work shall be removed from the site if necessary and
the Work shall be corrected to comply with the Contract Documents without cost to the City.
77. Maintenance of Traffic and Public Streets
Scope of Work
The Contractor shall be responsible for the maintenance of public streets and traffic control
necessary to perform the Work under the Contract Documents. The cost of traffic control
shall be included in the Contractor's Price Proposal applicable to each Job Order.
Regulations
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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), Florida Department of
Transportation (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 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 NP1L 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), forty-eight (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 twenty-four (24)
hours in advance of the construction date or forty -either (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
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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:
• 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 (1) day or less duration will generally not be approved for major
collector streets or for arterial streets during the hours of 7am to 9am and 4pm to 6pm
weekdays.
78. Location and Damage to Existing Facilities, Equipment or Utilities
As far as possible, all existing utility lines in the Project(s) area(s) will be shown on the plans.
However, City does not guarantee that all lines are shown, or that the ones indicated are in
their true location. It shall be the Contractor's responsibility to field verify all underground and
overhead 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 its
utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid
conflict shall be the responsibility of the utility company involved. No additional payment will
be made to the Contractor for utility relocations, whether or not said relocation is necessary
to avoid conflict with other lines.
The Contractor shall schedule the Work in such a manner that the Work is not delayed by
the utility providers relocating or supporting their utilities. The Contractor shall coordinate its
activities with any and all public and private utility providers occupying the right-of-way. No
compensation will be paid to the Contractor for any Toss of time or delay.
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.
79. Stop Work Order
The City may, at any time, by written order to the Contractor, require the Contractor to stop
all, or any part, of the Work 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.
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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
89, 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, the Contractor may have been delayed
by such suspension. In the event the Project Manager determines that the suspension of
Work was necessary due to Contractor's defective or incorrect Work, unsafe Work conditions
caused by the Contractor or any other reason caused by Contractor's fault or omission, the
Contractor shall not be entitled to an extension of time as a result of the issuance of a Stop
Work Order.
80. Hurricane Preparedness
During such periods of time as are designated by the United States Weather Bureau as being
a hurricane warning, the Contractor, at no cost to the City, shall take all precautions necessary
to secure the Project site in response to all threatened storm events, regardless of whether
the Project Manager 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.
81. 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 the Project
Manager.
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
the Project Manager.
■ Upon Project Manager'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 on the Certificate of Substantial
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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 shall issue a
Certificate of Final Payment relative to the occupied area.
■ If City finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion thereof, such occupancy or use shall not commence prior to
a time mutually agreed upon by City and Contractor and to which the insurance
company or companies providing the property insurance have consented by
endorsement to the policy or policies. Insurance on the unoccupied or unused portion
or portions shall not be canceled or lapsed on account of such partial occupancy or
use. Consent of Contractor and of the insurance company or companies to such
occupancy or use shall not be unreasonably withheld.
82. Cleaning Up; City's Right to Clean Up
Contractor shall at all times keep the property free from accumulation of waste materials or
rubbish caused by its operations. No fill or clearing stockpiles to remain on site for more than
twenty-four (24) hours. At the completion of the Project(s), Contractor shall remove all its
waste materials and rubbish from and about the Project(s) as well as its tools, construction
equipment, machinery and surplus materials. If Contractor fails to clean up during the
prosecution of the Work or at the completion of the Work, City may do so and the cost thereof
shall be charged to Contractor. If a dispute arises between Contractor and separate
contractors as to their responsibility for cleaning up, City may clean up and charge the cost
thereof to the contractors responsible therefore as the Project Manager shall determine to be
just. All combustible waste materials shall be removed from the Project(s) at the end of each
day. Cleaning operations should be controlled to limit dust and other particles adhering to
existing surfaces.
83. Removal of Equipment
In case of termination of this Contract before completion for any cause whatsoever,
Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's
equipment and supplies from the property of City. If the Contractor does not comply with
City's order, the City shall have the right to remove such equipment and supplies at the
expense of Contractor.
84. Set -offs, Withholdings, and Deductions
The City may set-off, deduct or withhold from any payment due the Contractor, such sums
as may be specifically allowed in the Contract or by applicable law including, without
limitation, the following:
• Any amount of any claim by a third party;
• Any Liquidated Damages, and/or;
• Any unpaid legally enforceable debt owed by the Contractor to the City.
The City shall notify the Contractor in writing of any such withholdings.
Any withholding, which is ultimately held to have been wrongful, shall be paid to the
Contractor in accordance with the Local Government Prompt Payment Act.
85. Event of Default
An event of default shall mean a breach of the Contract 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;
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• 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
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.
86. 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.
87. Termination for Default
If Contractor fails to comply with any term or condition of a Job Order or the Contract
Documents, or fails to perform any of its obligations hereunder, then Contractor shall be in
default, Upon the occurrence of a default hereunder which is not cured within the time
specified to cure the default if one has been granted by the City, the Director in addition to all
remedies available to it by law, may immediately, upon written notice to Contractor, terminate
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.
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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 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 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 occurred under Article 89, 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.
88. Remedies in the Event of Termination for Default
If a Termination for Default occurs, the Contractor and the bond provider, if applicable) shall
be notified of the effective date of the termination and shall be Liable for all damages resulting
from the default, including but not limited to re -procurement costs and other direct damages
The Contractor shall stop Work es of the date of notification of the termination and
immediately remove all labor, equipment and materials (not owned or paid for by the City)
from the Work Site. The City assumes no liability for the Contractor's failure to remove such
items from the Project(s) Site(s) as required.
The Contractor shall also remain liable for any liabilities and claims related to the Contractor's
default.
As an alternative to termination, the City may bring suit or proceedings for specific
performance or for an injunction.
89. Termination for Convenience
In addition to cancellation or termination as otherwise provided for in the Contract, the City
may at any time, in its sole discretion, with or without cause, terminate 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 materials and property;
• Cancel all cancelable orders for materials and equipment;
• Assign to the City and deliver to the site, or any other location specified by the
Project Manager, any non -cancelable orders for materials and equipment that can
not otherwise be used except for Work under the Contract and have been
specifically fabricated for the sole purpose of the Work and not incorporated in the
Work;
• Take no action that shall increase the amounts payable by the City under the
Contract Documents; and
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• 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:
• 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. 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 under this Article, the Contractor grants
the City full use of the Work and any Work Product to complete the Project and subsequently
occupy the Project.
90. Resolution of Disputes
Contractor understands and agrees that all disputes between the Contractor 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 Section 2, 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 of
OCI, as identified in Section 2, Article 4, Notices. Upon receipt of said notification, the
Assistant Director of OCI shall review the issues relative to the claim or dispute and issue a
written finding.
Should the Contractor and the Assistant Director of OCI fail to resolve the dispute the
Contractor shall submit their dispute in writing within five (5) calendar days to the Director of
OCI. 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 of OCI 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
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prior to Contractor being entitled to seek judicial relief in connection therewith. Should the
amount of compensation hereunder exceed one hundred thousand dollars ($100,000), the
City Manager's decision shall be approved or disapproved by the City Commission.
Contractor shall not be entitled to seek judicial relief unless:
(i) it has first received City Manager's written decision, approved by the City Commission
if applicable, or
(ii) a period of sixty (60) days has expired after submitting to the City Manager a detailed
statement of the dispute, accompanied by all supporting documentation, or a period
of ninety (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.
91. Mediation -Waiver of Jury Trial
In an effort to engage in a cooperative effort to resolve conflict which may arise during the
course of the construction of a Project(s), and/or following the completion of the Project(s),
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.
92. City May Avail Itself of All Remedies
The City may avail itself of each and every remedy herein specifically given to it now or
existing at law or in equity, and each and every such remedy shall be in addition to every
other remedy so specifically given or otherwise so existing and may be exercised from time
to time and as often and in such order as may be deemed expedient by the City. The exercise
or the beginning of the exercise, of one remedy shall not be deemed a waiver of the right to
exercise, at the same time or thereafter, of any other remedy. The City's rights and remedies
as set forth in the Contract Documents are not exclusive and are in addition to any other
rights and remedies in law or in equity.
93. Permits, Licenses and Impact Fees
All applicable permit fees, including those assessed by the City, are the responsibility of the
Contractor. That includes 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
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dumpsters, job trailers, etc., which may be required by Miami -Dade County, the State of
Florida, or other governmental entities.
Except as otherwise provided within the Contract Documents, all permits and licenses
required by federal, state or local laws, rules and regulations necessary for the prosecution
of the Work undertaken by Contractor pursuant to the Contract Documents shall be secured
and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate
Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction
in which the Work is to be performed for all persons working on the Project(s) for whom a
Certificate of Competency is required.
Impact fees levied by the City and/or Miami -Dade County shall be paid by
Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied
by the public entity as evidenced by an invoice or other acceptable documentation issued by
the public entity.
Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY (e.g., Building
Department's Fees such as, Master Permit, Major Trades, Mechanical, Electrical, and
Plumbing Fees; Public Works Fees, such as Line and Grade, Excavation, Dewatering and
NPDES Fees, and Zoning Department's Fees) by virtue of 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 to the Contractor's operations (e.g., permits for dumpsters, job trailers,
etc.) are not reimbursable.
94. Compliance with Applicable Laws
All Work shall be constructed in accordance with the latest edition of the City of Miami's
contract documents and specifications, the City of Miami's Standards for Design and
Construction as well as the Miami -Dade County's Standard Details, and the 2016 Edition of
the Florida Department of Transportation Specifications Road and Bridge Construction.
The Contractor shall comply with the most recent editions and requirements of all applicable
laws, regulations, rules, building and construction, electrical, life -safety and similar 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.
95. 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,
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servant or agent or for taxes of any nature, including, but not limited to: unemployment
insurance; worker's compensation and anti -discrimination, or workplace legislation of any
kind. The Contractor hereby agrees to indemnify and hold harmless the City against any such
liabilities, even if they arise from actions directed or taken by the City.
96. Third Party Beneficiaries
Neither Contractor nor City intends to directly or substantially benefit a third party by this
Contract. Therefore, the parties agree that there are no third party beneficiaries to this
Contract and that no third party shall be entitled to assert a claim against either of them based
upon this Contract. The parties expressly acknowledge that it is not their intent to create any
rights or obligations in any third person or entity under this Contract.
97. Successors and Assigns
The performance of this Contract shall not be transferred pledged, sold, delegated or
assigned, in whole or in part, by the Contractor without the written consent of the City. It is
understood that a sale of the majority of the stock or partnership shares of the Contractor, a
merger or bulk sale, a fraudulent transfer, an assignment for the benefit of creditors, an
appointment of a receiver or trustee, a pledge of its assets, 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 City will require an assignment fee
of three (3%) percent of the construction costs paid to date to the Contractor as a condition
to approve any proposed assignment, if the assignment is not approved the City shall only
retain $500.00 as a regulatory charge to process the assignment request.
The Contractor and the City each binds one another, their partners, successors, legal
representatives and authorized assigns to the other party of this Contract and to the partners,
successors, legal representatives and assigns of such party in respect to all covenants of this
Agreement.
98. Materiality and Waiver of Breach
City and Contractor agree that each requirement, duty, and obligation set forth in this Contract
Documents is substantial and important to the formation of the Contract Documents and,
therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of the Contract Documents. A waiver of any breach
of a provision of the Contract Documents shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of the Contract
Documents.
99. Severability
In the event 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.
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100. Applicable Law and Venue of Litigation
This Contract will be interpreted under the laws of the State of Florida which will apply
regardless of choice of law principles. 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 He in Miami -Dade County, Florida. The parties waive any
objections to venue.
101. Amendments
No modification, amendment, or alteration in the terms or conditions contained herein shall
be effective unless contained in a written document prepared with the same or similar
formality as this Contract and executed by the City Manager, Director or designee.
102. Entire Agreement
The Contract Documents, as they may be amended from time to time, represent the entire
and integrated Contract between the City and the Contractor and supersede all prior
negotiations, representations or agreements, written or oral. This Contract may not be
amended, changed, modified, or otherwise altered in any respect, at any time after the
execution hereof, except by a written document executed with the same formality and equal
dignity herewith. Waiver by either party of a breach of any provision of the Contract
Documents shall not be deemed to be a waiver of any other breach of any provision of the
Contract Documents.
103. Nondiscrimination, Equal Employment Opportunity, and Americans with
Disabilities Act
Contractor shall not unlawfully discriminate against any person in its operations and activities
or in its use or expenditure of funds in fulfilling its obligations under this Agreement.
Contractor shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act (ADA) in the course of providing any services funded by City, including Titles
I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to
ensure nondiscrimination in employment against disabled persons.
Contractor's decisions regarding the delivery of services under the Contract Documents shall
be made without regard to or consideration of race, age, religion, color, gender, sexual
orientation, national origin, marital status, physical or mental disability, political affiliation, or
any other factor which cannot be lawfully used as a basis for service delivery.
104. Evaluation
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.
105. Commodities Manufactured, Grown, or Produced in the City of Miami, Miami -
Dade County and the State of Florida
Whenever two (2) or more competitive sealed bids are received, one or more of which relates
to commodities manufactured, grown, or produced within the City of Miami, Miami -Dade
County and the State of Florida, and whenever all things stated in such received bids are
equal with respect to price, quality, and service, the commodities manufactured, grown, or
produced within the City of Miami, Miami -Dade County and the State of Florida shall be given
preference.
106. Royalties and Patents
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All fees, royalties, intellectual property rights related fees, and claims for any invention, or
pretended inventions, or patent of any article, material, arrangement, appliance, or method
that may be used upon or in any manner be connected with the construction of the Work or
appurtenances, are hereby included in the prices stipulated in the Contract for said Work.
107. Continuation of the Work
Any Work that commences prior to and will extend beyond the expiration date of the current
contract period shall, unless terminated by mutual written agreement between the City and
the involved contractor, continue until completion at the same prices, terms and conditions.
108. Review of Records
City shall have the right to inspect and copy, at City's expense, the books and records and
accounts of Contractor which relate in any way to the Project(s), and to any claim for
additional compensation made by Contractor, and to conduct an audit of the financial and
accounting records of Contractor which relate to a Project(s) and to any claim for additional
compensation made by Contractor including but not limited to all payroll records, invoices for
materials, and books of accounts. Such records shall conform to Generally Accepted
Accounting Principles requirements (GAAP), and shall only address those transactions
related to the Contract.
Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall
be kept in accordance with such statute. Otherwise Contractor shall retain and make
available to City all such books and records and accounts, financial or otherwise, which relate
to the Project(s) and to any claim for a period of five (5) years following Final Completion of
the Project(s).
Contractor shall additionally comply with Section 119.0701, Florida Statutes, including
without limitation: (1) keep and maintain public records that ordinarily and necessarily would
be required by the City to perform this service; (2) provide the public with access to public
records on the same terms and conditions as the City would at the cost provided by Chapter
119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are
exempt or confidential and exempt from disclosure are not disclosed except as authorized by
law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City
all public records in its possession upon termination of this Agreement and destroy any
duplicate public records that are exempt or confidential and exempt from disclosure
requirements; (5) All electronically stored public records must be provided to the City in a
format compatible with the City's information technology systems.
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.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT (305) 416 - 1800, VIA EMAIL AT
PUBLICRECORDS(a7MIAMIGOV.COM, OR REGULAR MAIL AT CITY
OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 S.W. 2ND AVENUE,
9TH FLOOR, MIAMI, FLORIDA 33130.
109. No Interest
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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.
110. 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.
111. Consent of City Required for Subletting or Assignment
If the Contractor assigns, transfers, sublets or otherwise disposes of the Contract or its right,
title or interest in or to the same or any part thereof without the previous consent in writing of
the City, such action shall be an Event of Default. Nothing herein shall either restrict the right
of the Contractor to assign monies due to, or to become due or be construed to hinder,
prevent or affect any assignment by the Contractor for the benefit of its creditors, made
pursuant to applicable law.
112. Agreement Limiting Time in Which to Bring Action Against the City
In the event the Contractor may be deemed to have a cause of action against the City, no
action shall lie or be maintained by the Contractor against the City upon any claim arising out
of or based upon the Contract Documents by reason of any act or omission or requirement
of the City or its agents, unless such action shall be commenced within six (6) months after
the date of issuance of a final payment under the Contract, or if final payment has not been
issued within six (6) months of substantial completion of the Work or upon any claim relating
to monies required to be retained for any period after the issuance of the said certificate,
unless such action is commenced within six (6) months after such monies become due and
payable under the terms of the Contract Documents, or if the Contract is terminated or
declared abandoned under the provisions of the Contract unless such action is commenced
within six (6) months after the date of such termination or declaration of abandonment by the
City.
113. Defense of Claims
Should any claim be made or any legal action brought in any way relating hereto or to the
Work hereunder, except as is covered by the provisions of the General Terms and Conditions
§6 ("Indemnification") 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. Additional compensation will only be furnished relative to the costs of any
corrective Work as defined in the General Terms and Conditions §1 which is not the fault of
the Contractor, the Contractor will be responsible for payment of attorney's fees and costs
incurred in defense of the Contractor and of the City.
114. Contingency Clause
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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.
115. Mutual Obligations
This document, change order, field directive, and written clarifications issued under the
Contract, and the Contractor's submittals, shall constitute the Contract Documents between
the parties with respect hereto and supersedes all previous communications and
representations or agreements, whether written or oral, with respect to the subject matter
hereto unless acknowledged in writing by their duly authorized representatives.
Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any third
party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership
control or statutory control) to a party.
In those situations where the Contract Documents imposes an indemnity obligation on the
Contractor, the City may at its expense, elect to participate in the defense of the claim if the
City should so choose. Furthermore, the City may, at its own expense, defend or settle any
such claim if the Contractor fails to diligently defend such claim, and thereafter seek indemnity
for such cost from the Contractor.
116. Contract Extension
The City reserves the right to exercise its option to extend the Contract for up to ninety (90)
calendar days beyond the completion of any Contract term. In such event, the City will notify
the Contractors in writing of such extension.
117. Non -Exclusivity
It is the intent of the City to enter into a Contract with all successful Bidders that will satisfy
its needs as described herein. However, the City reserves the right, as deemed in its best
interest, to perform, or cause to be performed, the Work and services, or any portion thereof,
herein described in any manner it sees fit, including but not Limited to: award of other
contracts, use of any contractor, or perform the Work with its own employees.
118. Nature of the Agreement
The Contractor shall provide the services set forth in the Contract Documents. The Contractor
shall provide full and prompt cooperation with the City in all aspects of the Work to be
performed.
The Contractor acknowledges that the Contract Documents require the performance of all
things necessary for or incidental to the effective management and performance of a
Project(s). All things not expressly mentioned in the Contract Documents, but necessary to
carrying out its intent are required by the Contract Documents, and the Contractor shall
perform the same as though they were specifically mentioned, described and delineated.
The Contractor shall furnish all labor, materials, tools, supplies and other items required for
the completion of the Work. All Work shall be accomplished at the direction of and to the
satisfaction of the Project Manager.
119. Contract Documents Contain all Terms
The Contract Documents and all documents incorporated herein by reference contain all the
terms and conditions agreed upon by the parties hereto, and no other agreement, oral or
otherwise, regarding the subject matter of the Contract Documents shall be deemed to exist
or to bind any of the parties hereto, or to vary any of the terms contained herein.
120. Survival
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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.
121. Disclosure of State Funding, if applicable.
If State funds are being used by the City to pay for this work, the City shall document whether
payment will come from funds appropriated by the state and, if known, the amount of such
funds or the percentage of such funds as compared to the anticipated total cost of the
personal property or construction services.
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Section 3 - Supplemental Terms and Conditions
1. Contract Term
The Contractor shall furnish all labor, materials, equipment, tools, services, and incidentals
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 were not specifically included 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 item(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 6.4 below.
3. Job Orders
The City may award an individual Job Order to any Contractor, in accordance with
established City procedures, and based on one or more of the following criteria:
3.1. Rotational selection among all Contractors, unless otherwise determined by the City.
3.2. Evaluation of past and current performance on Job Orders of a similar nature, including
type of work, project size, construction management challenges, schedule
performance, design management requirements, etc.
3.3. Balancing of work load (Job Order dollar volume and construction backlog) among
Contractors.
3.4. Management of Job Order dollar volume within bonding limitations of the Contractor.
3.5. Price, as it relates to the City's independent cost estimate or to an offer from any other
Contractor.
3.6. Not -To -Exceed offers (NTE Offer) submitted by two or more Contractors through Bid
Safe®.
3.7. Contractor's responsiveness to the City on Job Orders.
3.8. Other appropriate criteria as deemed in the best interest of the City.
4. Bid Safe
The City may issue a Request for Price Proposal to two or more Contractors for a Job Order.
Selection of the Contractor and award of the Job Order will be in compliance with established
City procedures.
4.1. The City reserves the right to utilize Bid Safe on a Job Order by Job Order basis.
4.2. The City will consider several factors when determining the applicability of Bid Safe to
a Job Order including, but not limited to, the following:
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4.2.1. Estimated Job Order Amount;
4.2.2. Scope Documentation, including but not limited to Architectural and
Engineering (A/E) design;
4.2.3. Nature and complexity of the Work;
4.2.4. Contractors' abilities to self -perform the Work;
4.2.5. Contractors' proven capabilities on similar Work;
4.2.6. Schedule; and
4.2.7. Other appropriate criteria as deemed in the best interest of the City.
4.3. The Detailed Scope of Work will be developed by City personnel and included with the
Request for Price Proposal.
4.4. The City may conduct one or more Site visits with all Contractors designated to receive
the Request for Price Proposal.
4.5. All Contractors that receive the Request for Price Proposal will have the opportunity to
submit RFIs. Should the City choose to respond to any or all of the RFI, the responses,
and any changes to the Request for Price Proposal, will be provided in an addendum
to all contractors designated to receive the Request for Price Proposal.
4.6. The Contractor shall utilize the Bid Safe application in the eGordian® software to
provide an NTE Offer, along with any additional requested documentation, in response
to the Request for Price Proposal.
4.7. The City will issue an Intent to Award to the Contractor submitting the NTE Offer that
provides the best value to the City based on, but not limited to, price and any technical
factors considered,
4,8. The NTE Offer is valid for one hundred twenty (120) Days from the date of opening
unless stated otherwise in the Job Order.
4.9. The Contractor that receives an Intent to Award will submit a Job Order Price Proposal
to the City. Provided that any necessary Job Order Price Proposal modifications are
completed in a timely and thorough manner, the Job Order may be issued to the
Contractor.
4.10. The Job Order Amount shall be equal to the lessor of the NTE Offer and the Job Order
Price Proposal amount.
4.11. Where the NTE Offer is Tess than the Job Order Price Proposal, the difference between
the NTE Offer and Job Order Price Proposal shall be deemed a discount offered by the
Contractor. The discount amount shall be a percent -based discount that will be
calculated by the following equation:
Percent Discount = (Job Order Price Proposal Amount — NTE Offer) _ Job Order
Price Proposal Amount
The discount shall be applied to subsequent Job Orders (additions or deletions)
required to complete the Work, provided the Job Order contains materials, equipment
and tasks that are similar in nature to the original Detailed Scope of Work.
4.12. If the City exercises its right to award a Job Order utilizing Bid Safe, collaboration
between Contractors is specifically prohibited. Contractor collaboration undermines
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competition, and evidence of such will be considered a material breach of this Contract
and grounds for termination for cause.
5. Initiation of a Job Order
5.1. As the need arises, the City will notify the Contractor of a Project, schedule a Joint
Scope Meeting and issue a Notice of Joint Scope Meeting.
5.2. The Contractor shall attend the Joint Scope Meeting and discuss, at a minimum:
5.2.1. the general scope of the work;
5.2.2. alternatives for performing the work and value engineering;
5.2.3. access to the site and protocol for admission;
5.2.4. hours of operation;
5.2.5. staging area;
5.2.6. requirements for catalog cuts, technical data, samples and shop drawings;
5.2.7. requirements for professional services, sketches, drawings, and
specifications;
5.2.8. construction duration;
5.2.9. liquidated damages;
5.2.10. the presence of hazardous materials; and,
5.2.11. date on which the Proposal Package is due.
5.3. Upon completion of the joint scoping process, the City will prepare a draft Detailed
Scope of Work referencing any sketches, drawings, photographs, and specifications
required to document accurately the work to be accomplished. The Contractor shall
review the Detailed Scope of Work and request any required changes or modifications.
When an acceptable Detailed Scope of Work has been prepared, the City will issue a
Request for Price Proposal that will require the Contractor to prepare a Proposal
Package. 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 Proposal Package and
the City will evaluate the same. The Contractor does not have the right to refuse to
perform any task or any work in connection with a particular Project.
5.4. The City may, at its option, include quantities in the Detailed Scope of Work if it helps
to define the Detailed Scope of Work, if the actual quantities required are not known or
cannot be determined at the time the Detailed Scope of Work is prepared, if the
Contractor and the City cannot agree on the quantities required, or for any other reason
as determined by the City. In all such cases, the City shall issue a Supplemental Job
Order adjusting the quantities appearing in the Detailed Scope of Work to the actual
quantities.
6. Preparation of the Proposal Package
6.1. The Contractor's Proposal Package shall include, at a minimum:
6.1.1. Price Proposal;
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6.1.2. Required drawings or sketches;
6.1.3. List of anticipated Subcontractors and Materialmen;
6.1.4. Construction schedule; and,
6.1.5. Other requested documents.
6.2. The Job Order Price shall be the value of the approved Price Proposal.
6.3. The value of the Price Proposal shall be calculated by summing the total of the
calculations for each Prepriced Tasks (unit price x quantity x Adjustment Factor) plus
the value of all Non Prepriced Tasks.
6.4. The Contractor will prepare Price Proposals in accordance with the following:
6.4.1. Prepriced Task: A task described in, and for which a unit price is set forth in,
the CTC®. The Contractor shall select the appropriate Prepriced Tasks, and
enter the accurate quantity, and the appropriate Adjustment Factor.
6.4.2. Non-Prepriced Task: A task that is not set forth in the CTC®.
6.4.3. Information submitted in support of Non-Prepriced Tasks shall include, but not
be limited to, the following:
6.4.3.1. Catalog cuts, specifications, technical data, drawings, or other
information as required to evaluate the task.
6.4.3.2. If the Contractor performs the Work with its own forces, it shall
submit three independent quotes for all material to be installed and
shall, to the extent possible, use Prepriced Tasks for labor and
equipment from the CTC®. If the Work is to be subcontracted, the
Contractor must submit three independent quotes from
subcontractors. The Contractor shall not submit a quote or bid from
any supplier or Subcontractor that the Contractor is not prepared
to use. The City may require additional quotes and Bids if the
suppliers or Subcontractors are not acceptable or if the prices are
not reasonable.
6.4.3.3. The final price submitted for Non-Prepriced Tasks shall be
according to the following formula:
A =Hourly Labor Rate (for Trades not in the CTC®) x the Quantity
required
B =Direct Material Costs (supported by three quotes)
C =Direct Equipment Costs (for Equipment not in the CTCO) x the
Quantity required
D Subcontractor Costs (supported by three quotes)
E =Allowable Overhead and Profit = (A + B + C) x 15%
F = Subcontractor Allowance = D x 10%
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Total Cost of Non-Prepriced Task = A + B + C + D + E + F
6.4.3.4. After a Non-Prepriced Task has been approved by the City, the
Unit Price for such task will be established, and fixed as a
permanent Non Pre -priced Task which will no longer require price
justification.
6.4.3.5. The City's determination as to whether a task is a Pre -priced Task
or a Non Pre -priced Task shall be final, binding and conclusive as
to the Contractor.
6.5. Contractor shall make the necessary arrangements for and obtain all filings and permits
required for the Work, including the preparation of all drawings, sketches, calculations
and other documents and information that may be required therefor. If the Contractor
is required to pay an application fee for filing a project, a fee to obtain a building permit,
or any other permit fee to the City, State or some other governmental or regulatory
agency, then the amount of such fee paid by the Contractor for which a receipt is
obtained shall be treated as a Reimbursable Task to be paid without mark-up. The cost
of expediting services or equipment use fees are not reimbursable.
6.6. The Contractor shall provide incidental engineering and architectural services required
in connection with a particular Job Order, including drawings and information required
for filing.
6.7. The Contractor's Proposal Package shall be submitted by the date indicated on the
Request for Price Proposal. All incomplete Proposal Packages shall be rejected. The
time allowed for preparation of the Contractor's Proposal Package will depend on the
complexity and urgency of the Job Order but should average between seven (7) and
fourteen (14) days. On complex Job Orders, such as Job Orders requiring incidental
engineering/architectural drawings and approvals and permits, allowance will be made
to provide adequate time for preparation and submittal of the necessary documents.
6.8, In emergency situations and minor maintenance and repair Job Orders requiring
immediate completion, the Proposal Package may be required quickly and the due date
will be so indicated on the Request for Price Proposal or, as described below, the
Contractor may be directed to begin work immediately with the paperwork to follow.
6.9. If the Contractor requires clarifications or additional information regarding the Detailed
Scope of work in order to prepare the Proposal Package, the request must be submitted
so that the submittal of the Proposal Package is not delayed.
7. Review of the Proposal Package and Issuance of the Job Order
7.1. The City will evaluate the entire Proposal Package and compare these with the City's
estimate of the Detailed Scope of Work to determine the reasonableness of approach,
including the appropriateness of the tasks and quantities proposed.
7.2. The Contractor may choose the means and methods of construction; subject however,
to the City's right to reject any means and methods proposed by the Contractor that:
7.2.1. will constitute or create a hazard to the work, or to persons or property;
7.2.2. will not produce finished Work in accordance with the terms of the Contract;
or,
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7.2.3. unnecessarily increases the price of the Job Order when alternative means
and methods are available.
7.3. The City reserves the right to reject a Proposal Package or cancel a Project for any
reason. The City also reserves the right not to issue a Job Order if it is determined to
be in the best interest of the City. The City may perform such work by other means.
The Contractor shall not recover any costs arising out of or related to the development
of the Job Order including, but not limited to, the costs to attend the Joint Scope
Meeting, review of the Detailed Scope of Work, preparation of a Proposal Package
(including incidental architectural and engineering services), subcontractor costs, and
the costs to review the Proposal Package with the City.
7.4. By submitting a Proposal Package to the City, the Contractor shall agree to accomplish
the Detailed Scope of Work in accordance with the Request for Price Proposal at the
lump sum price submitted. It is the Contractor's responsibility to include the necessary
Pre -priced Tasks and Non Pre -priced Tasks and quantities in the Price Proposal prior
to delivering it to the City.
7.5. Each Job Order provided to the Contractor shall reference the Detailed Scope of Work,
as well as set forth the Job Order Price and the Job Order Completion Time. All clauses
of this Contract shall be applicable to each Job Order. The Job Order, delivered to the
Contractor constitutes the City's acceptance of the Contractor's Proposal Package. A
copy of the Job Order will be provided to the Contractor.
7.6. 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 fully developed Request
for Price Proposal, Detailed Scope of Work, or Job Order. The Contractor shall be
compensated for such work as if the work had been ordered under the standard
procedures.
8. Economic Price Adjustment
8.1. The CTC issued with this ITB will be in effect for the first year of this contract.
8.2. On February 1, 2017 and each anniversary thereafter, a new CTC will be furnished.
The new CTC will be effective for the following twelve (12) month period. The CTC that
accompany each anniversary shall only apply to Work Orders issued after the effective
date of that specific renewal option and shall have no impact on Work Orders issued
prior to the effective date of that specific renewal option.
8.3. The Adjustment Factors submitted with the bid shall be used for the full term of the
contract. The Contractor will be issued the new CTC for review and acceptance prior
to accepting new work. The Contractor shall use the CTC in effect on the date that the
Work Order is issued. However, the Contractor cannot delay the issuance of a Work
Order to take advantage of a scheduled update of the CTC. In that event, the Contractor
shall use the CTC that would have been in effect without the delay.
9. Computer Requirements
The Contractor shall maintain at its office, for its use, a computer with, at a minimum, a one
(1) GHz processor and an internet connection. The Contractor shall maintain individual email
accounts for each of its Project Managers.
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10. Progress Payments
City will make one (1) payment for all Job Orders that have a Job Order Completion Time of
forty-five (45) days or less, or a Job Order Amount of $25,000 or less. For all other Job
Orders, City may make partial, monthly payments based on a percentage of the Work
completed.
Mobilization Partial Payments:
When the proposal includes a separate pay item for Mobilization and the NTP has been
issued, partial payments will be made in accordance with the following:
For contracts of one hundred twenty (120) calendar days duration or less, partial payment
will be made at fifty percent (50%) of the bid price per month for the first two (2) months. For
contracts in excess of one hundred twenty (120) calendar days duration, partial payment will
be made at twenty-five percent (25%) of the bid price per month for the first four (4) months.
In no event shall more than fifty percent (50%) of the bid price be paid prior to commencing
construction on the Project(s) Site(s).
Total partial payments for Mobilization on any project, including when more than one (1)
project or job is included in the Contract, will be limited to ten percent (10%) of the original
Contract amount for that project. Any remaining amount will be paid upon completion of all
Work on the Contract.
Retainage will be applied to all partial payments.
Partial payments made on Mobilization will in no way act to preclude or limit any of the
provisions for partial payments otherwise provided for by the Contract.
Contractor may make application for payment for Work completed during the Project(s) at
intervals of not more than once a month or upon completion and Final Acceptance of the
Work. Contractor will be paid based on the line item breakdown, contained in the Contractor's
Bid Form, with payments based on actual Work performed. 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 (1) month or a
Schedule of Values is not required, the Contractor shall submit the appropriate
documentation as defined below. Supporting evidence to be included with any application for
payment shall include, but is not limited to, an updated Construction Schedule as required by
Section 3, Article 13 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. 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.
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• Liquidated damages and costs incurred by City and/or Consultant for extended
construction administration.
• Failure of Contractor to provide any and all documents required by the Contract
Documents.
In instances where multiple Projects are awarded, the Contractor shall submit separate
applications 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 Project Manager, as accepted by the City.
Contractor may be paid for materials or equipment purchased and stored at the Project(s)
Site(s) or another location. Where a payment request is made for materials or equipment not
incorporated in the Project(s), but delivered and suitably stored at the site or at some other
location agreed upon in writing, the written documentation must be submitted at the time of
request for payment. Payment shall be conditioned upon submission by the Contractor of
paid invoices and an executed Material Purchased/Stored On -Premises form to establish the
City's title to such materials or equipment, or otherwise protect the City's interest, including
applicable insurance in the name of City and transportation to the Site(s).
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.
Original Contract Amount Daily Charge Per Calendar Day
$50,000 and under $836
Over $50,000 but less than $250,000 $884
$250,000 but less than $500,000 $1,074
$500,000 but less than $2,500,000 $1,742
$2,500,000 but less than $5,000,000 $2,876
$5,000,000 but less than $10,000,000 $3,770
$10,000,000 but less than $15,000,000 $4,624
$15,000,000 but less than $20,000,000 $5,569
$20,000,000 and over $9,788 plus 0.00005 of any
amount over $20 million (Round to nearest whole dollar)
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.
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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 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 five
percent (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.
13. Construction Schedules
Contractor shall submit a proposed Construction Schedule (Schedule) as follows:
a. Schedule identifying all tasks within the critical path. The proposed Construction
Schedule shall be submitted within ten (10) calendar days of the Notice of Award
and such submittal shall be subject to the Project Manager's review. Subsequent
to such review of said Schedule the Contractor shall establish said schedule as
the baseline Schedule.
b. 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 Supplemental
Job 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.
c. All Schedules shall be prepared in Microsoft Project 2003, or later unless
otherwise approved by the Project Manager. At the time of submission of
Schedules, Contractor shall submit a hard copy as well as an electronic version.
Such electronic version shall not be submitted in a pdf format and shall be capable
of being incorporated in to the City's master Project schedule.
d. 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.
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
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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.
Contractor must use City Release of Lien, Affidavit and Consent of Surety forms, or the
Application for Payment will be rejected.
15. Progress Meetings
The City shall 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, or Engineer 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. 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 far 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.
16. Request for Information
The Contractor shall submit a 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 Consultant and/or the City's Project Manager shall
respond in writing.
17. Project Site Facilities
The Contractor shall arrange for all Project(s) Site(s) facilities as may be 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, material person's personnel shall not use the City
restrooms that may be available at the Project(s) Site(s) 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
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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 employees 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.
Contractor is required to provide any necessary temporary utilities to the site, such as electric,
water, and sanitary services to the site for new construction or additions to a facility. The
Project Manager may authorize the use of existing utilities. Such decision will be made at the
sole discretion of the Project Manager and the City.
The Contractor shall be required to obtain all necessary permits required for any Project(s)
Site(s) facilities. Contractor shall also be responsible to maintain such facilities in a safe and
working condition. All such facilities remain the property of the Contractor and the Contractor
shall be responsible for removal and disposal of such facilities prior to Final Acceptance.
18. Inspection of Work
Contractor shall notify the Project Manager at least forty-eight (48) hours prior to commencing
Work on the following:
• Storm Drain
• Subgrade — submit and have approved densities prior to placement of rock
• Limerock Base — submit and have approved densities and as-builts prior to placement
of any asphalt
19. 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(s). 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.
20. 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 (2) City signs at the Project(s)
Site(s) as follows:
• The first shall be four (4') feet wide and eight (8') feet high and constructed of pressure
sensitive two (2) mil cast vinyl overmounted with three (3) mil Mylar and mounted to
one (1) MDO with painted back. The sign shall be mounted on four (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 four (4') feet wide by eight (8') feet high by
three -fourths (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.
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• 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 shall be permitted to include the applicable line items from the CTC" within
their Price Proposal(s), to compensate for construction signage required by the City.
21. Construction Photographs
Contractor shall submit with each application for payment photographs that accurately reflect
the progress of the Work. Contractor shall submit one (1) copy of each photograph in print
and digitally. The photographs shall be printed on 8"X10" high resolution glossy single weight
color print paper. Each photograph will also reflect the date, and time the picture was taken.
Aerial photographs will be taken on a bi-monthly basis.
22. City Furnished Property
Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc.,
when directed to by the Project Manager and shall reinstail or provide to the City as directed.
23. Geotechnical Testing
Contractor shall not be paid for testing new material. The cost of testing is included in the unit
costs. However, existing material, required by the technical specifications and as directed by
the Owner (record tests) shall be paid at the unit price for the appropriate task. Contractor is
responsible for all Quality Control and Quality Assurance Testing performed. All Quality
Control Testing must comply with the latest publication and/or entity having jurisdiction. In
addition, Contractor shall submit any, and all, Quality ControllQuality Assurance (QC1QA)
test reports to the appropriate Department/Authorized user and/or contracting party for
verification.
24. Field Layout of the Work and Record Drawings for Drainage Protects
The Contractor through the services of a State of Florida Registered Professional Surveyor
and Mapper (P.S.M.), shall establish the line and benchmarks and other reference points for
the installation of the pipeline or structure.
For pipelines, this will consist of establishing all points of bend (but not necessarily bevel pipe
unless in close proximity to other facilities), valves, tees, crosses and other stations not more
than one hundred (100) feet apart along the proposed centerline of the pipe, or along a
stationed offset line as shown on the Plans, marked by a nail in a metal cap if in pavement,
with the station painted nearby or by a nail in the top of a wooden stake driven flush with the
ground with the station marked on a flag stake nearby, if not in pavement.
For structures, this will consist of base lines, stakes at corners, centers and center lines,
auxiliary lines and a bench mark from which to establish the elevations.
The Contractor shall make his equipment and men available to the Inspector for spot-
checking the accuracy of the Work. The Project Manager shall require the Work to be brought
within the tolerances specified elsewhere before backfill is placed or the construction is
otherwise hidden.
The entire responsibility for establishing and maintaining line and grade in the field lies with
Contractor. Contractor shall maintain an accurate and precise record of the location and
elevation of all pipe lines, conduits, structures, maintenance access structures, handholes,
fittings and other Work and shall prepare record or "As -Built" drawings of the same which are
signed and sealed by a State of Florida Registered Professional Surveyor and Mapper
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(P.S.M.). Contractor shall deliver these records in good order to the Project Manager as the
Work is completed. The Contractor shall supply the Consultant with a copy of the Registered
Land Surveyor's layout of the Work immediately upon its availability to his own forces. The
cost of all such field layout and recording work is included in the prices bid for the appropriate
items. All record drawings shall be made on reproducible paper and shall be delivered to the
Project Manager prior to, and as a condition of, final payment.
During the entire construction operation, the Contractor shall retain the services of a State of
Florida Registered Professional Surveyor and Mapper (P.S.M.) who shall maintain records
of the installation, including all deviations from the plans and specifications by obtaining "As -
Built" dimensions and elevations. The Surveyor shall prepare record "As -Built" Drawings
showing correctly and accurately all changes and deviations made during construction,
including approved construction variances to reflect the Work as it was actually constructed.
"As -Built" Drawings shall be submitted to the City on a monthly basis.
Recording of Project Record
■ Record all information for pipeline projects and on -site projects concurrently with
construction progress.
■ Do not conceal any work until as -built information is recorded by the Contractor and
the City.
■ All locations for future connections or tie-ins shall be left unburied and uncovered until
the City's surveying forces obtain and record the as -built information. This is in
addition to the Contractor's recorded information.
• Restrained pipe, end line valves, thrust blocks need to be left uncovered for the last
complete length. Inline valves and tees shall be left exposed for 1 length on both sides
plus the face end. Record the elevation, deviation from horizontal and vertical
alignment and the inclination for these items.
• Maintain records of all pipeline Project and on -site Project deviations from Drawings
and Specifications by a Florida Registered Professional Surveyor and Mapper
(P.S.M.).
• For Pipe Installation In All Pipeline Projects and On -site Projects: During entire
construction operation retain the services of a State of Florida Registered Land
Surveyor (FRLS) who shall maintain records of the installation, including all deviations
from Drawings and Specifications.
• (FRLS) shall record as -built dimensions and elevations every twenty-five feet (25') or
portion thereof along pipeline and at every abrupt change in direction of the new line.
• (FRLS) shall record locations and elevations for each valve, fitting, service line, fire
hydrant, water sampling point, and also for above ground piping and other
appurtenances along the pipeline. Specific locations and elevation of equipment, the
buildings and miscellaneous items installed inside them shall be recorded as
applicable.
• Contractor's FRLS shall prepare as -built record drawings showing correctly and
accurately the installation, embracing all changes and deviations made during
construction, including all approved construction variances, to reflect the work as it
was constructed.
• Record Drawings shall be prepared on 4-mil mylar as specified hereinafter. Record
Drawings and three (3) blue line copies shall be signed and sealed by the Surveyor
and shall be submitted to the City for the Project Manager's or Consultant's review
within ten (10) calendar days following the completion date of successful pressure
testing of a]I mains and appurtenances under the Contract Documents
• If the Consultant determines that the Drawings are not acceptable, they will be
returned to the Contractor with a cover letter noting the deficiencies and/or reasons
for the disapproval. Contractor shall have ten (10) calendar days to correct all
exceptions taken by the Project Manager or Consultant and resubmit as -built record
drawings to the Consultant for final acceptance.
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Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City,
Contractor's record drawings or as -built drawings acceptable to the Project Manager.
25. 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 shall be permitted 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).
26. E-Verify — Mandatory Use
Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by the Contractor during the term of the
Contract, and shall expressly require any subcontractors performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees hired by
the subcontractor during the Contract term.
27. Job Order Contracting Software and License Fee
The City selected The Gordian Group's (Gordian) Job Order Contracting (JOC) Solution
(Gordian JOC Solution') for their JOC program. The Gordian JOC Solution' includes
Gordian's proprietary software eGordian® and Bid Safe®, JOG information management
applications, and the Construction Task Catalog®; which shall be used by the Contractor to
prepare and submit Job Order Proposals, subcontractor lists, and other requirements
specified by the City. The Contractor shall be required to execute Gordian's JOG System
License and Fee Agreement, and pay a one percent (1 %) JOC System License Fee to obtain
access to the Gordian JOC Solution.
28. Tax Exempt Transactions/Direct Materials Purchasing
The City, being exempt from sales tax pursuant to the authority set forth above, reserves the
right to make direct purchases of certain materials to be incorporated into the construction of
the Project by the Contractor and its Subcontractors. The direct purchase by the City of
materials implemented for the Project, and the amount of such direct purchases shall be at
the sole discretion of the City, and as further set forth herein. The Contractor shall agree to
the reasonableness of terms and conditions set forth herein for tax exempt transactions/direct
materials purchasing by the City. Any products, materials, supplies or equipment included in
the Job Order Amount directly purchased by the City shall be referred to as City -Purchased
Materials and shall be governed by the terms and conditions of the Job Order Contract
Documents. The Contractor shall remain responsible for the purchase of all materials, not
the subject of sales tax recovery, including payment of all sales tax associated therewith.
Provisions for administration of tax exempt transactions for direct materials purchasing by
the City of Miami (City), are authorized pursuant to Section 212.08(6), Florida Statutes and
Department of Revenue Rule 12A-1.094, Florida Administrative Code.
Parameters for the Tax Exempt Transactions/Direct Materials Purchasing program are as
follows:
1. The Job Order Proposal and all Subcontractor bid amounts included therein shall
include all applicable Florida State sales and other taxes, and any and all associated
and necessary costs for all products, materials, supplies and equipment required to
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complete the Work set forth in the Construction Documents as if all such items were
being purchased by the Contractor.
2. The Contractor, for all City -Purchased Materials as described herein, shall not utilize
the pricing in the Construction Task Catalog (CTC). The Contractor shall seek three
(3) quotes, and the lowest quoted price shall be submitted to the City without any
mark-up whatsoever from the Contractor except as allowed by the Job Order
Contract.
3. The approved Job Order shall clearly indicate the amount of negotiated sales tax
recovery in the form of a Guaranteed Sales Tax Recovery Amount equivalent to the
applicable sales tax that would otherwise be required to be paid if the Contractor were
purchasing the materials. All Guaranteed Sales Tax Recovery Amounts and City -
Purchased Materials Amounts shall be calculated based on the applicable sales tax
rate. The City will not be required to purchase materials exceeding the City -Purchased
Materials Amount.
4. The approved Job Order shall indicate whether or not the Job Order Amount includes
the sales tax corresponding to the Guaranteed Sales Tax Recovery Amount. The
determination of whether or not to include the sales tax in the Job Order Amount shall
be at the sole discretion of the City. If the sales tax corresponding to the Guaranteed
Sales Tax Recovery Amount has not already been deducted from the approved Job
Order Amount, the Job Order Amount will be adjusted by credit Change Order to
deduct from the Job Order Amount the Guaranteed Sales Tax Recovery Amount.
Such deductive Change Orders may be processed as an initial Change Order or as
subsequently processed Change Order(s) at such later time as deemed appropriate
by the City prior to Final Completion of the Project. The Contractor agrees to
deductive Change Orders for Guaranteed Sales Tax Recovery Amounts.
5. Once established, the Guaranteed Sales Tax Recovery Amount shall not be subject
to reduction, it being understood that the City is entitled to the full amount of such
sales tax recovery, notwithstanding the actual amount of materials purchased by the
City for the Project.
6. The Contractor agrees that the portion of the Job Order Amount anticipated for the
City -Purchased Materials Amount shall not be encumbered under the City's' purchase
order for the Contractor and shall be used by the City to purchase certain materials
for the Project. Should it be deemed appropriate by the City, the Contractor agrees to
deductive Change Orders for the City -Purchased Materials Amounts.
7. The Contractor agrees to submit Purchase Order Requests for materials, products
and equipment purchases to the City as set forth herein for the full amount of the City -
Purchased Materials Amount. If the amount of all materials actually purchased by the
City is less than the City -Purchased Materials Amount, the difference shall be
encumbered under the City's purchase order for the Contractor. If the Job Order
Amount had already been adjusted by initial credit Change Order for the City -
Purchased Materials Amount prior to the purchase of the materials, such difference
shall be returned to the Job Order Amount by additive Change Order or contingency
adjustment. The Contractor may submit its requisition for payment in the amount of
such difference only after all materials purchases have been fully completed and the
associated deductive Change Order or contingency adjustment for the City -
Purchased Materials Amount has been approved by the City. The Contractor shall
not be entitled to any refund of the Guaranteed Sales Tax Savings due to the amount
of materials actually purchased by the City being less than the City -Purchased
Materials Amount, unless the Contractor can show that it was unable to achieve the
City -Purchased Materials Amount for reasons or causes solely attributable to actions
or inactions of the City.
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8. The Contractor agrees that the sole purpose for uses of portions of the Job Order
Amount or deductive Change Orders for City -Purchased Materials, is to facilitate
purchasing of materials by the City for the Project without payment of sales tax. With
the exception of the requirements of law for qualification of the City's purchases of
materials to be exempt from payment of sales tax, the Contractor shall remain fully
responsible for the performance of all Work required to construct the Project as set
forth in the Contract Documents and Job Order, inclusive of all labor, products,
materials and equipment, whether purchased by the City or the Contractor. The
Contractor shall be responsible for the timely and proper submission of all deductive
Change Orders related to City -Purchased Materials, including allowance of sufficient
time for their processing and approval by the City.
9. Upon mutual agreement between the Contractor and the City, the City -Purchased
Materials Amount may be increased beyond that initially established in the approved
Job Order. Any subsequent City -Purchased Materials shall conform to the
requirements set forth herein for initially established City -Purchased Materials and
the Contractor agrees to appropriate deductive Change Orders for the additional
Guaranteed Sales Tax Savings corresponding to the increase in City -Purchased
Materials Amount.
10. The Contractor and Subcontractor shall be responsible for selecting all suppliers,
vendors and materialmen (collectively referred to herein as Vendors) through a
quoting process (three quotes) and based on lowest price, for all City -Purchased
Materials, as necessary for the performance of the Work. The Contractor and
Subcontractor shall include the provisions of the General Conditions of the Contract
for Construction and any Supplementary Terms and Conditions in the terms and
conditions of all Vendor Agreements and Purchase Order Requests for City -
Purchased Materials.
11. The Contractor shall advise the City of any proposed Vendors it has selected,
following a quoting process as described in Section 2 herein, no less than (10)
business days prior to the time the Contractor submits any Purchase Order Request
for any proposed Vendor. If any of Contractor's proposed Vendors are not active
Vendors with the City, the Contractor shall be responsible for ensuring that those
Vendors are established as active Vendors with the City prior to submission of any
Purchase Order Requests to the City for those Vendors. If any Vendor applications
for Contractor's or Subcontractor's proposed Vendors are incomplete or
unacceptable, Contractor shall be responsible for having such deficiencies rectified
or selecting other Vendors without any delay to the Project and without any increase
in the Job Order Amount.
12. As the Contractor and Subcontractor determine that City -Purchased Materials need
to be ordered, the Contractor shall prepare and submit to the City a standard
Purchase Order Request, in the form set forth by the City, to specifically identify the
products, materials and equipment to be purchased by the City for the project. Such
Purchase Order Requests and associated invoices shall not include materials for any
other Projects under any other Contracts or other Job Orders. Each Purchase Order
Request shall be prepared by each Contractor and/or Subcontractor and be approved
by the Contractor and Subcontractor prior to submission to the City. Each Purchase
Order Request shall include, but not be limited to the following:
a) The name, address, telephone number, contact person and the City's Vendor
Number, if applicable, for the material supplier;
b) Manufacturer or brand, model or specification number of the item;
c) Quantity needed as estimated by the Contractor and/or Subcontractor;
d) The price quoted by the Vendor for the materials identified therein;
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e) The applicable sales tax associated with such quote (as if not tax exempt) f.
Delivery dates as established by the Contractor and/or Subcontractor; and
f) Copies of the other price quotes, as requested in Section 4 above.
13. Purchase Order Requests shall include reference to any terms and conditions which
have been negotiated with the Vendor (i.e. payment terms, warranties, etc.). All
Purchase Order Requests are to be submitted to the City along with a copy of the
Vendor's quotation, no less than ten (10) business days prior to the date required for
ordering the materials. Purchase Order Requests shall not be in amounts less than -
$5,000.00, unless otherwise authorized in writing by the City. The Contractor shall
provide written notice to the City at the time the last Purchase Order Request for City-
Purchased Materials is submitted.
14. After receipt of the Purchase Order Request, the City shall prepare its Purchase
Orders for equipment, materials or supplies. Pursuant to the Purchase Order, the
Vendor will provide the required quantities of products, materials and equipment at
the price established in the Vendor's quote to the Contractor and/or Subcontractor,
less any sales tax. Upon receipt of each Purchase Order, the Contractor and/or
Subcontractor, through the Contractor, shall verify the terms and conditions of the
Purchase Order and advise the City of any discrepancies no later than three (3)
business days after receipt. A City staff member shall be the approving authority for
the City on Purchase Orders for all City -Purchased Materials. The Purchase Order
shall also require the delivery of City -Purchased Materials on the delivery date(s)
provided by the Contractor and/or Subcontractor in the Purchase Order Request and
shall indicate F.O.B. the place of destination, which is defined as the Project site. City
Purchase Orders shall contain, or be accompanied by, the City's exemption certificate
and must include the City's name, address, and exemption number with both issue
and expiration date shown.
15. The Contractor and/or its Subcontractors shall fully be each jointly and severally
responsible for all matters relating to City -Purchased Materials in accordance with
these procedures, including but not limited to, timely delivery and receipt of all City -
Purchased Materials, verification of correct quantities, verification of documentation
or orders in a timely manner, coordination of purchases, provision and obtainment of
all warranties and guarantees required by the Contract Documents, inspection and
acceptance goods at the time of delivery, and loss or damage to equipment and
materials following delivery to the site due to the negligence of the Contractor or any
of its Subcontractors. The Contractor and/or Subcontractor shall coordinate delivery
schedules, sequence of delivery, loading orientation, and other arrangements
normally required by the Subcontractor for the particular materials furnished. The
Contractor and/or Subcontractor shall provide all services required for the unloading,
handling and storage of materials through installation. The Contractor and
Subcontractor agree to indemnify and hold harmless the City from any and all claims
of whatever nature resulting from nonpayment of goods to Vendors arising from the
actions or directions of Contractor or Subcontractor.
16. As City -Purchased Materials are delivered to the Project site, the Contractor or
through its Subcontractors, shall visually inspect all shipments from the Vendors, and
approve the Vendor's invoice for materials delivered. The Contractor and/or
Subcontractor shall assure that each delivery is accompanied by documentation
adequate to identify the Purchase Order against which the purchase is made. This
documentation shall consist of a delivery ticket and an invoice from the Vendor
confirming the Purchase Order, together with such additional information as the City
or Contractor may require. The Contractor and/or Subcontractor will verify, in writing,
the accuracy of the delivery ticket.
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17. On a weekly basis, the Contractor and/or Subcontractor shall be required to review
invoices submitted by all Vendors of City -Purchased Materials delivered to the Project
site during that week and either concur or object to the City's issuance of payment to
the Vendors, based upon Contractor's and/or Subcontractor's records of materials
delivered to the site and any defects in such materials. The Subcontractor will then
forward the invoice to the Contractor for its review and approval prior to submission
to the City. All Vendor invoices shall be stamped "Approved For Payment" and be
signed by the Contractor and Subcontractor prior to submission to the City for
payment processing. The Contractor shall notify the City in writing in a timely manner
such that the City can, at its option, visit the site to verify and audit the accuracy of
the Contractor's and Subcontractor's representation that the City -Purchased
Materials indicated in the invoice, delivery ticket or bill of lading were actually
delivered to and are present on the Project site.
18. Vendor invoices shall be submitted to the City weekly and be accompanied by the
aforementioned delivery documentation and a listing of all City -Purchased Materials
that have been delivered to date in a format acceptable to the City. The City will
process the Vendor invoices and checks will be released, delivered and remitted
directly to the Vendors in the same manner that all other City Vendor invoices are
processed pursuant to applicable Florida Law. Contractor shall provide written notice
to the City when all purchases and invoicing have been fully completed for each
Purchase Order. The Contractor shall provide written confirmation from all Vendors
confirming that all materials were ordered, delivered and invoiced as set forth in the
Vendor's purchase order including confirmation of any portion of the materials and
corresponding dollar amount not to be ordered, delivered and invoiced for the Project.
19. The Contractor and its Subcontractors shall be responsible for City -Purchased
Materials being in conformance with the Contract and Construction Documents. All
shop drawings and submittals shall be made by the Contractor, in accordance with
the Job Order Contract Documents for all City -Purchased Materials. Contractor and
Subcontractor shall determine prior to incorporation into the Work if such materials
are patently defective and whether such materials are identical to the materials
ordered and match the description on the bill of lading. If the Contractor or
Subcontractor discovers defects or non -conformities in City -Purchased Materials,
upon such visual inspection, the Contractor or Subcontractor shall not utilize such
non -conforming or defective materials in the Work and instead shall promptly notify
the Vendor, in writing, of the defective or non -conforming condition in order to pursue
repair or replacement of those materials without any delay or interruption to the
Project. Additionally, the Contractor shall notify the City, in writing, of such occurrence.
If the Contractor and/or Subcontractor fails to perform such inspection, and otherwise
incorporates City -Purchased Materials, the condition of which it either knew about or
should have known about by performance of an inspection, Contractor and
Subcontractor shall promptly take action to remedy the defect or non -conformity so
as not to delay the Work.
20. The Contractor and Subcontractor shall maintain detailed records of all City -
Purchased Materials delivered to the site in a format acceptable to the City including
all City -Purchased Materials delivered into the Contractor's and/or Subcontractor's
possession and portions of all such materials which have been incorporated into the
work.
21. Each monthly Requisition for Payment shall clearly differentiate between and shall
separately show amounts Contractor is requesting for payment for Work in place, all
City -Purchased Materials Amounts established in the approved Job Order, and
amounts of all City -Purchased Materials delivered to the Project site. If any City -
Purchased Materials represented in the Requisition for Payment as having been
delivered to the site are found not to be present on the site, the City reserves the right
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to deduct amounts from the Payment Requisition as appropriate to protect the City.
Retainage shall not be withheld for City -Purchased Materials.
22. After all Purchase Order Requests and associated invoices for payment for City -
Purchased Materials have been finalized, a deductive Change Order or contingency
adjustment for City -Purchased Materials may be processed, if deemed appropriate,
and at the sole discretion of the City. The Contractor shall provide a full final
accounting and reconciliation of all City -Purchased Materials actually processed for
the Project.
23. The Contractor and Subcontractor shall be responsible for all warranty and guarantee
obligations set forth in the Job Order Contract Documents for the Project for all
materials and products incorporated therein, including all City -Purchased Materials.
All repairs, maintenance or damage repair calls related to City -Purchased Materials
shall be forwarded to the Subcontractor for resolution with the appropriate supplier or
Vendor.
24. The City shall be deemed to take Title for City -Purchased Materials from the Vendor
at the time of delivery to the Project site and approval by the Contractor and
Subcontractor. The transfer of the possession of City -Purchased Materials from the
City to the Contractor and Subcontractor shall constitute a bailment for mutual benefit
of the City and the Contractor and Subcontractor. The City shall be considered the
bailor and the Contractor and Subcontractor the bailee of the City -Purchased
Materials. City -Purchased Materials shall be considered returned to the City for
purposes of its bailment at such time as they are incorporated into the Project or
consumed in the process of completing the Project. Bailee shall have the duty to
properly safeguard, store and protect all City -Purchased Materials.
25. The City shall assume the risk of loss for City -Purchased Materials for the Project for
the period of time commencing at the time the City first takes Title to those materials
and until the time those materials have been incorporated into the Work by the
Contractor and during that period of time, the City shall be responsible for deductible
payments for any covered loss(s). Notwithstanding the City's assumption of the risk
of loss for City -Purchased Materials to the extent and for the period of time set forth
herein, the Contractor shall be responsible for providing all proper handling, storage
and protection from damage, theft or other loss for all City -Purchased Materials
delivered to the Site in the same manner as set forth in the Job Order for all materials,
products and equipment to be incorporated into the Work.
26. The City shall in no way be liable for interruption or delay in the Project, for any defects
or any other problems with the Project, or for any extra charge or cost resulting from
delay in the delivery of, or defects in City -Purchased Materials, and the Contractor
and its Subcontractors expressly accept all risks and responsibilities for incomplete,
improper or untimely delivery of these materials.
27. Contractor shall be responsible for the removal and proper disposal of any waste City -
Purchased Materials delivered to the site that were not used to complete the Project.
The City, at its option, may take possession of any City -Purchased Materials delivered
to the site that were not incorporated into the Work by the Contractor.
29. Addition/Deletion of Contractors
Although this ITB identifies specific Contractors, it is hereby agreed and understood that any
Contractor may be added/deleted to/from this Contract at the option of the City. After award,
if additional Contractors are needed, all remaining responsive and responsible Bidder(s)
under this ITB shall be invited to submit Adjustment Factors. The City shall utilize the most
recent Adjustment Factors submitted by the Bidders for determining the lowest responsive
and responsible Bidder(s). If the Adjustment Factors are comparable with market rates, the
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lowest responsive and responsible Bidder(s) shall be added to the Contract if in the best
interest of the City.
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Section 4 — BID FORM
BID FORM: (Page 1 of 10)
Submitted:
City of Miami, Florida
Office of the City Clerk
City Hall, 1st Floor
3500 Pan American Drive
Miami, Florida 33133-5504
Date
The undersigned, as Bidder, hereby declares that the only persons interested in this Bid as principal
are named herein and that no person other than herein mentioned has any interest 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 shall examine 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 municipal corporation 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: 15-16-033
Title: Job Order Contracting (JOC) for Horizontal and Vertical
Construction Services
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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BID FORM: (Page 2 of 10)
Schedule of Prices
Note: Bidders shall bid a set of Adjustment Factors, which will be used as the basis for determining
the lowest responsive and responsible Bidder.
Note: The Other Than Normal Working Hours Adjustment Factors must be greater than or equal to
the Normal Working Hours Adjustment Factors.
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 (4'h) decimal place using
conventional rounding methodology (i.e., if the number in the fifth (5th) decimal place is 0-4, the
number in the fourth (4th) decimal remains unchanged; if the number in the fifth (5th) decimal place is
5-9, the number in the fourth (4th) decimal is rounded upward). As example, a five percent (5%)
increase would be expressed as an Adjustment Factor of 1.0500 and a five percent (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).
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BID FORM: (Page 3 of 10)
HORIZONTAL CONSTRUCTION SERVICES
Adjustment Factor for Horizontal Construction 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
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BID FORM: (Page 4 of 10)
VERTICAL CONSTRUCTION SERVICES
Adjustment Factor for Vertical Construction performed during Normal Construction Working
Hours:
(Specify to four decimal places)
Written Amount
Adjustment Factor for Vertical Construction performed during Other Than Normal
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
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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. Community Small Business Enterprise ("CSBE") Requirements
Bidder certifies that it has read and understood the provisions of City of Miami Ordinance 13331,
codified as Section 18-89 of the City Code, pertaining to the implementation of a "Community
Small Business Enterprise" requirement. Evaluation of bidder's responsiveness to Ordinance
Section 13331 shall be a consideration in the award of a contract.
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. Bidder certifies that the selected
independent third -party verifier will verify and certify compliance data and reports honestly and
accurately; and
3. Druq 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;
(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);
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BID FORM: (Page 6 of 10)
(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:
(7)
(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
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.
(3) This undersigned shall require that the language of this certification be included in the award
documents for "AII" 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
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BID FORM: (Page 7 of 10)
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).
5, 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 bid, 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 Bid had one or more public transactions
(Federal, State, or local) terminated for cause or default.
(e) In addition, factors to be considered in determining responsibility of prospective
contractual parties shall include but not be limited to:
(1) Bidder does have availability of appropriate financial, material, equipment, facility,
and personnel resources and expertise, or the ability to obtain them, to meet all
contractual requirements;
(2) Bidder does have a satisfactory record of performance;
(3) Bidder does have a satisfactory record of integrity;
(4) Bidder does possess qualified legal standing to contract with the City;
(5) Bidder shall comply with supplying all requested information connected with the
inquiry concerning responsibility;
(f) Bidder has not had a termination, suspension, or cancellation of a City contract, in whole
or in part, for cause, due to a default by the Bidder, within the past five (5) years, which
has not been reversed on appeal by a court of competent jurisdiction; or
(g) Bidder has not withheld a payment or nonpayment of moneys due the City from the
Bidder, within the past five (5) years, unless the full amount of such moneys due the City;
(h) Have been deposited with a court of competent jurisdiction in Miami -Dade County,
Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court", as
amended, or other applicable Federal, State or Local Rules of Court, and are subject to
distribution to the City or withdrawal by the City by order of the court;
(i) The Bidder shall provide any information requested by the Chief Procurement Officer or
contracting officer concerning responsibility. If such contractual party fails to provide the
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requested information, the determination of responsibility may be made upon available
information or the prospective contractual party may be found nonresponsible. The Bidder
may demonstrate the availability of necessary financial, equipment, facility, and personnel
resources by submitting:
(1) Bidder furnishes, upon request, evidence that the contractual party possesses such
necessary resources;
(2) Bidder affirms it has acceptable plans to subcontract for such necessary resources;
or,
(3) Bidder will, upon request, submit a documented commitment for, or explicit
arrangement with, satisfactory sources to provide such necessary resources.
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 in writing.
6. Local Workforce Participation Requirements
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
(a) Have read and understood the provisions of City of Miami Ordinance 13332,
codified as Section 18-89 of the City Code pertaining to the local workforce
participation requirements on a quarterly basis;
(b) Have identified in City Form Subcontractor Utilization ("SU") a third party
independent who verifies and is properly licensed under the provisions of F.S.
454,471,473, or 481 and who is not with the contractor; and
(c) The selected third party, who independently verifies compliance with this
section, must have a minimum of two (2) years of experience as required in
Ordinance No. 13332, codified as Section 18-89 of the City Code;
Part IV: Certification — Trench Safety Act
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the Trench Safety
Act, and will comply with all applicable trench safety standards. Such assurance shall be legally
binding on all persons employed by the Bidder and 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.
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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 [ ], Cashier's Check [ ], Bid Bond Voucher [] or Certified Check [ ] No. drawn
on Bank of for the sum of
Construction Contract.
for Dollars ($ ) for the Vertical
NOTE TO BIDDERS: A Separate Bid Guarantee is required for each Contract Bid. See Article 8,
Section 1, Instructions for Submission for the applicable amounts required for each contract.
The Bidder hereby acknowledges and affirms to the contents of this Bid Form and its' response(s)
thereto including without limitations Part I through IV have been, read, understood, and agree to 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
I.D. No.:
Dun and
Bradstreet No.:
If a partnership, names and addresses of partners:
(if applicable)
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BID FORM: (Page 9 of 10)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
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.
further certify that said partnership agreement remains in full force and effect.
Partner:
Print:
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
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/bla) (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:
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BID FORM: (Page 10 of 10)
STATE OF
COUNTY OF
NOTARIZATION
SS:
}
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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Section 5 — Attachments
BID BOND FORM (Page 1 of 3)
State of Florida
County of Miami -Dade
City of Miami
SS
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 CONTRACTING (JOC) FOR HORIZONTAL AND VERTICAL CONSTRUCTION
SERVICES, ITB No. 15-16-033
NOW THEREFORE:
(a)
If the principal shall not withdraw said Bid within one hundred eighty (180) 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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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 , 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
108
State Zip
Job Order Contracting (JOC) for Horizontal
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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 MIAMI-DADE
CITY OF MIAMI
(Corporate Seal)
SS
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 , 20
Notary Public, State of Florida at Large
109
My Commission Expires:
Job Order Contracting (JOG) for Horizontal
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This Page Intentionally Left Blank
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SUPPLEMENT TO BID FORM:
QUESTIONNAIRE
****Important**** If Bidder is bidding on both the Horizontal and Vertical Construction Services
contracts, submit a separate Questionnaire for each Contract service (e.g., Horizontal or Vertical).
This completed form Must be submitted with the Bid. The City may, at its sole discretion,
require that the Bidder submit additional information not included in the submitted form.
Such information must be submitted within five (5) 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 the Bidder been in business under its current name and ownership?
a. Professional Licenses/Certifications (include name and number)* Issuance Date
(*include active certifications of community small business enterprise & name of certifying entity)
b. Date Bidder was licensed by State of Florida Department of Professional Regulation:
c. Qualified Business License: ❑ Yes❑ No If Yes, Date Issued:
d. What is the Bidder's primary business?
(This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.)
e. Name of Qualifier, license number, and relationship to the Bidder:
f. Names of previous Qualifiers during the past five (5) years including, license numbers,
relationship to the Bidder and years serving as qualifier for the Bidder:
2. Name and Licenses of any prior companies:
Name of Company License No.
Issuance Date
3. Type of Business Entity:
❑ Corporation ❑ "S" Corporation❑ LLCLI Sole Proprietorship ❑Other:
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(Corporations will be required to provide a copy of their corporate resolution prior to executing a contract}
4. Business Entity Ownership
a. Identify all owners of the Business Entity:
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 for
each.
c. Identify all individuals authorized to sign for the Business Entity, 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
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
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)
How many employees are working under H2B visas?
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6. Has any owner or employee of the Bidder been convicted of a federal offense or moral
turpitude? If yes, please explain:
7 Insurance and Bond Information
a. Insurance Carrier name and address:
b. Insurance Contact Name, telephone, and e-mail:
c. Insurance Experience Modification Rating (EMR):
(if no EMR rating please explain why)
d. Number of insurance claims paid out by Bidder in last five (5) years and value:
e. Bond Carrier name and address:
f. Bond Carrier contact name, telephone, and e-mail:
g. Number of Bond Claims paid out by Bidder in last five (5) years and value:
8. Have any claims lawsuits been filed against the Bidder in the past five (5) years. If yes,
identify all where the Bidder has either settled or an adverse judgment has been issued
against the Bidder. Identify the year basis for the claim or judgment and settlement unless
the value of the settlement is covered by a written confidentiality agreement.
9. The Bidder or any officers of the Bidder currently under investigation by any law
enforcement agency or public entity? If yes, provide details:
10. Has the Bidder 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).
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11. Has the Bidder been cited for any OSHA violations in the past five (5) years? If yes, please
provide an attachment including all details on each citation.
12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater, owned
by the Bidder.
B. Project Management and Subcontract Details
1. Project Manager for this Project:
a. Name:
b. Years Employed by Bidder:
c Licenses/Certifications:
d. Last 3 projects with the Bidder including role, scope of work, and value of project:
Subcontractors:
Name
Trade
% of Work License No. Certification*
(*active certifications of community small business enterprise & name of certifying entity)
3. Scope of physical construction labor to be performed by the Bidder 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. Detail 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. Identify prior projects of a similar size, and scope. Provide as an attachment to this
Questionnaire listing six (6) separate completed project references for similar projects
valued at $200,000.00 or greater, completed within the last two (2) years, supported by
the owner's references required in subsection D below, for consideration by the City in
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determining the Bidder's responsiveness and responsibility. This attachment must include
the minimum number of projects required herein for the Bidder to be considered
responsive. Reference information provided must include the owner's name; address and
contract person; contact person telephone and email; 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 five (5) 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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SUPPLEMENT TO BID FORM:
CUSTOMER REFERENCE LISTING (Page 1 of 1)
Bidders may furnish the names, addresses, and telephone numbers of firms and/or government
organizations for which the Bidder has provided services to, in addition to the minimum six (6)
projects of a similar size, scope, and complexity.
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.
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C ttp of Silianti
Daniel J. Alfonso
City Manager
To Whom It May Concern
Subject: Reference Letter for Vertical Project
The Following Section to be Completed by the Bidder.
Name of Bidder:
The above referenced Bidder is responding to a Bid that has been issued by the City of Miami. The City
requires that the Bidder provide written references with their Bid submission. By providing you with this
document, the Bidder is requesting that you provide the following reference information. The City would
appreciate you providing the information requested below, as well as any other information you feel is
pertinent:
Name of Referenced Project:
The FollowingSection to be Corrtpleted by tree Project Owner.
Scope of Referenced Work:
Did the Scope involve the construction, installation, repair and/or replacement of a stormwater pump
station? ❑ Yes I I No
Value of Project: $ Date Completed:
Percentage of physical construction work self -performed by Bidder:
Was project completed on time and within budget: ❑ Yes ❑ No
If no, was the Bidder at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No
If yes, please provide details:
Comments:
Name of Project Owner: Date:
Signature of Project Owner's Representative:
Title:
Telephone: E-mail:
Sincerely,
Annie Perez, CPPO, Director
Department of Procurement
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eitv of ffttami
Daniel J. Alfonso
City Manager
To Whom It May Concern
Subject: Reference Letter for Horizontal Project
The Following Section to be Completed by the Bidder.
Name of Bidder:
The above referenced Bidder is responding to a Bid that has been issued by the City of Miami. The City
requires that the Bidder provide written references with their Bid submission. By providing you with this
document, the Bidder is requesting that you provide the following reference information. The City would
appreciate you providing the information requested below, as well as any other information you feel is
pertinent:
Name of Referenced Project:
The Following Section to be Completed, by the Project Owner.
Scope of Referenced Work:
Did the Scope involve the construction, installation, repair and/or replacement of a stormwater pump
station? ❑ Yes ❑ No
Value of Project: $ Date Completed:
Percentage of physical construction work self -performed by Bidder: %
Was project completed on time and within budget: ❑ Yes ❑ No
If no, was the Bidder at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No
If yes, please provide details:
Comments:
Name of Project Owner Date:
Signature of Project Owner's Representative:
Title:
Telephone: E-mail:
Sincerely,
Annie Perez, CPPO, Director
Department of Procurement
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SUPPLEMENT TO BID FORM:
OFFICE LOCATION AFFIDAVIT (Page 1 of 3)
Please type or print clearly. This Affidavit must be completed in full, signed and notarized
ONLY IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE CITY OF
MIAMI AS DEFINED BY CITY CODE SECTION 18-73.
Legal Name of Firm:
Entity Type: (Check One) ❑ Partnership ❑ Sole Proprietorship ❑ Corporation
Corporation Document No: Date Established
Occupational License No: Date of Issuance
Office Location (Establishment of the Bidder):
PRESENT
Street Address:
City:
State: How long at this location:
PREVIOUS
Street Address:
City:
State How long at this location:
According to Section 18-73 of the City of Miami Code, as amended:
City of Miami "Local Office" means a business within the City which meets all of the following
criteria:
1) Has had a staffed and fixed office or distribution point, operating within a permanent structure
with a verifiable street address that is located within the corporate limits of the City for a minimum
of twelve (12) months immediately preceding to the date bids or proposals were received for the
purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-
time, on -site employment at the local office for a minimum of forty (40) hours per calendar week,
whether as a duly authorized employee, officer, principal or owner of the local business; a post
office box shall not be sufficient to constitute a local office within the City; and
2) if the business is located in the permanent structure pursuant to a lease, such lease must be
in writing, for a term of no less than twelve (12) months been in effect for no less than the twelve
(12) months immediately preceding the date bids or proposals were received, and be available
for review and approval by the chief procurement officer or its designee; for recently executed
leases that have been in effect for any period less than the twelve (12) months immediately
preceding the date bids or proposals were received, a prior fully executed lease within the
corporate limits of the City that documents in writing continuous business residence within the
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OFFICE LOCATION AFFIDAVIT (Page 2 of 3)
corporate limits of the City for a term of no less than twelve (12) months immediately preceding
the date bids or proposals were received shall be acceptable to satisfy the requirements of this
section, and shall be available for review and approval by the chief procurement officer or its
designee; further requiring that historical, cleared rent checks or other rent payment
documentation in writing that documents local office tenancy shall be available for review and
approval by the chief procurement officer or its designee; and
3) Has had for a minimum of twelve (12) months immediately preceding the date bids or proposals
were received for the purchase or contract at issue, a current Business Tax Receipt issued by
both the City and Miami -Dade County, if applicable; and
4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or
proposals were received for the purchase or contract at issue, any license or certificate of
competency and certificate of use required by either the City or Miami -Dade County that
authorizes the performance of said business operations; and
5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or
proposal to be eligible for consideration under this section; provided, however, that the burden of
proof to provide all supporting documentation in support of this local office certification is borne
by the business applicant submitting a bid or proposal.
According to Section 18-85(a) of the City of Miami Code, as amended:
"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 focal 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."
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OFFICE LOCATION AFFIDAVIT (Page 3 of 3)
The intention of this section is to benefit bona fide local Bidders to promote economic
development within the corporate limits of the City of Miami.
I (we) certify, under penalty of perjury, that the office location of the Bidder has not been
established with the sole purpose of obtaining the advantage granted bona fide local Bidders by
this section.
Authorize Signature Authorized Signature
Print Name Print Name
Title Title
(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).
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
CITY OF MIAMI
)
NOTARIZATION
SS
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 submit 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 Bidder's office.
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CERTIFICATE OF COMPLIANCE WITH SECTIONS 18-87, 18-89, 18-120 OF THE CITY CODE
hereby certify that:
i) 1 am the (President/Secretary or Principal)
of (Bidder);
ii) I have read Sections 18-87,18-89 and 18-120 of the City of Miami Procurement Code;
a. (Bidder) hereby acknowledges that the
OR
awarded contract has an on -site labor component greater than or equal to twenty-five
percent (25°/0), and therefore agrees to assign a minimum of fifteen percent (15%) of the
contract value to firms currently certified by Miami -Dade County as a Community Small
Business Enterprise ("CSBE");
b. (Bidder) hereby is certified by Miami -Dade
County as a CSBE firm and will self -perform to meet the minimum fifteen percent (15%)
CSBE requirement. An active copy of the respondent's CSBE certification must be
included in the bid document.
iii) (Bidder) hereby agrees to comply with the Local
Workforce Participation Requirements stated in Section 18-89 of the City of Miami Procurement
Code.
iv) (Bidder) hereby agrees to comply with the
Responsible Wages and Benefits on Construction Contracts Requirements stated in Section 18-
120 of the City of Miami Procurement Code.
OPTIONAL:
v) (Bidder) hereby agrees to make assignments
pursuant to Item ii), above, to certified CSBE firms who maintain a "Local Office", as defined in
City Code Section 18-73;
STATE OF FLORIDA
COUNTY OF MIAMI-DADE ) SS
CITY OF MIAMI
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 Certificate of Compliance with Sections
18-87, 18-89 and 18-120 of the City of Miami Procurement Code on behalf of Bidder named therein in
favor of the City.
Subscribed and Sworn to before me this day of , 20
My commission expires:
Bonded by
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Notary Public, State of Florida at Large
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LOCAL, SMALL, AND DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
**** Contractor will submit information below on a Job -Order -by -Job Order basis with their
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
$
■ Local
• DBE
• None
❑ SBE
❑ Other
E CSBE
$
■ Local
1 DBE
• None
❑ SBE
0 Other
❑ DBE
0 None
$
■ Local
■ CSBE
• SBE
• Other
❑ Local
0 DBE
0 None
$
■ CSBE
❑ SBE
• Other
0 DBE
❑ None
$
1 Local
• CSBE
• SBE
■ Other
$
IN Local
• CSBE
■ DBE
• None
IN SBE
1 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 Firm (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.
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REQUIRED SUBMISSION WITH YOUR BID
LOCAL WORKFORCE PARTICIPATION BID QUESTION:
List all contracts the Bidder has performed for the City of Miami for the past three (3) years which
included Local Workforce Participation Requirements. The City will review all contracts the Bidder
has performed for the City for the past three (3) years in accordance with Section 18-89 of the
City Code, which requires that "the City shall consider the Bidder's adherence to the City's Local
Workforce Participation Requirements within the past three (3) years in making any future contract
awards. The solicitation documents will include the Bidder's past compliance with these
requirements of the City." As such, the Bidder must list and describe all work performed for the
City of Miami for the past three (3) years. Please provide factually detailed responses for each
project that address each of the important items below.
(i) contract number, name and brief description of work;
(ii) total dollar value of the contract;
(iii) dates covering the term of the contract;
(iv) percentage of Local Workforce Participation Requirements met by the Bidder;
(v) breakdown of local workforce used to meet the requirements (number of persons
broken down by trade and category);
(vi) if the Bidder was unable to meet the Local Workforce Participation Requirements,
explain the reasons why, and what efforts, if any, were utilized by the Bidder to
attempt to meet these requirements;
(vii) if the project was over one million dollars ($1,000,000.00), did the Bidder hold a job
fair(s), if yes, provide the date and location of the job fair(s), number of attendees;
(v ii) was a third party hired to verify and certify compliance with the Local Workforce
Requirements, if yes were all requirements met, what was the third party's name and
provide their current contact information;
(ix) was the five percent (5%) retainage fee released to the Bidder by the City upon
project completion, and
(x) If the Bidder did not meet the goals, did you seek a waiver of the program
requirements from any City officials? Please explain in detail.
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Section 6- Contract Execution Form
THIS Contract # Click here to enter text. made this day of in the
year 2017 in the amount of $Glick here to enter text. by and between THE CITY OF MIAMI,
FLORIDA, hereinafter called the "CITY," and Click here to enter text., hereinafter called the
"Contractor" for the Job Order Contract for (Horizontal/Vertical) 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 Click here to enter text:.., a Florida corporation
Signature Signature
Print Name, Title Print Name, Title of Authorized Officer or Official
ATTEST: (Corporate Seal)
CONTRACTOR Secretary
(Affirm CONTRACTOR Seal, if available)
ATTEST: City of Miami, a municipal corporation of the
State of Florida
Todd B. Hannon, City Clerk Daniel J. Alfonso, City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
Ann -Marie Sharpe, Director
Risk Management Department
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Job Order Contracting (JOG) for Horizontal
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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 contract to which this resolution is
attached and to execute the corresponding performance bond.
DATED this day of , 20
Corporate Secretary
(Corporate Seal)
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FORM OF PERFORMANCE BOND
(Page 1 of 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,
ITB No: 15-16-033, 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
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FORM OF PERFORMANCE BOND (Page 2 of 2)
4.2. Obtain a bid or bids for completing the Project in accordance with the terms and
conditions of the Contract Documents, and upon determination by Surety of the
lowest responsible Bidder, or, if City elects, upon determination by City and
Surety jointly of the lowest responsible Bidder, arrange for a Contract between
such Bidder and City, and make available as Work progresses (even 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 By:
(CORPORATE SEAL)
IN THE PRESENCE OF:
(Name of Corporation)
(Signature)
(Print Name and Title)
INSURANCE COMPANY:
By:
Address:
(Agent and Attorney -in -Fact)
(Street)
(City/State/Zip Code)
Telephone No.:
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FORM OF PAYMENT BOND (Page lof 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,
ITB No. 15-16-033 , 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.
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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:
(Secretary)
(Corporate Seal)
IN THE PRESENCE OF:
By:
By:
Contractor
(Name of Corporation)
(Signature)
(Print Name and Title)
day of , 20
INSURANCE COMPANY:
(Agent and Attorney -in -Fact)
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
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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
COUNTY OF MIAMI-DADE ) SS
CITY OF MIAMI
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:
136
Notary Public, State of Florida at Large
Bonded by
Job Order Contracting (JOC) for Horizontal
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This Page Intentionally Left Blank
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PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE
LETTER OF CREDIT: (Page 1 of 2)
Beneficiary:
City of Miami
444 S.W. 2nd Avenue
Miami, Florida 33130
Date of Issue
Issuing Bank Routing No.
Applicant:
Amount:
in United States Funds
Expiration:
(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
drafts at sight, accompanied by:
available by your
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)
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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
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FORM A - INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY
If the Bidder 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:
5. Provide a copy of the joint venture's executed contractual agreement.
7. Control of and participation in this Agreement. Identify by name, race, gender, 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:
NOTE: lf, 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 City in writing, within ten (10) calendar days of event.
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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 ventures in the undertaking. Further, the undersigned covenant
and agree to provide to the City current, complete and accurate information regarding actual joint
venture work and the payment therefore and any proposed changes in any of the joint venturers
relevant to the joint venture, by authorized representatives of the City. 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 Bidder: Name of Bidder:
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
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