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AGREEMENT INFORMATION AGREEMENT NUMBER • 23044 NAME/TYPE OF AGREEMENT LEGO CONSTRUCTION CO. DESCRIPTION , CONSTRUCTION CONTRACTNERTICAL CONSTRUCTION/RFP-18-19-001/FILE ID: 6547/R-19-0386/ MATTER ID:19-3143 #57 EFFECTIVE DATE February 4, 2020 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/4/2020 DATE RECEIVED FROM ISSUING DEPT. 3/9/2020 NOTE CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Todd Hannon DATE: March 6, 2020 City Clerk SUBJECT: RFP 18-19-001 — Job Order Contracting (JOC) for Horizontal and Vertical Construction Services FROM: Luis Caseres Construction Procurement Assistant Enclosed for your records is an original document described below, which was duly executed by all appropriate parties. Should you have any questions, please contact me at 305-416-1923. Thank you. Document Type: Construction Contract First Party: City of Miami Second Party: Lego Construction Co. Program/Purpose: Job Order Contracting (JOC) for Horizontal and Vertical Construction Services Effective Date: 02/04/20 REQUEST FOR PROPOSAL ("RFP'°) NO. 18-19-001 JOB ORDER CONTRACTING ("JOC") FOR HORIZONTAL AND VERTICAL CONSTRUCTION SERVICES OFFICE OF CAPITAL IMPROVEMENTS Proposal Due Date: Wednesday, May 22, 2019 Proposal Due Time: 2:00 P.M. Mayor Francis Suarez Commissioner Wifredo "Willy" Gort, District 1 Commissioner Ken Russell, District 2 Commissioner Joe Carollo, District 3 Commissioner Manolo Reyes, District 4 Commissioner Keon Hardemon, District 5 City Manager, Emilio T. Gonzalez Issued By: City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 01 CD r � v m TABLE OF CONTENTS NOTICE TO CONTRACTORS 7 SECTION 1 - INSTRUCTIONS FOR SUBMISSION 9 1. Intention of City 9 2. Scope of Work g 3. Location of Project(s) 10 4. Performance of the Work ................10 5. Examination of Contract Documents10 6. Addenda 10 7. Proposal Submission 11 8. Proposal Guaranty 11 9. Preparation of Proposal 11 10. - Pre -Proposal Conference 15 11. Postponement of Proposal Due Date15 12. Acceptance or Rejection of Proposals15 13. Environmental Regulations and Building Codes 16 14. RFP Evaluation/Selection Process and Contract Award 16 16. Small Business Enterprise ("SBE") Participation 18 1.7. Local Workforce Participation 18 18. Responsible Wage and Benefits 20 20. Public Entity Crime21 21. Fraud and Misrepresentation 21 22. Collusion 21 23. Contractor in Arrears or Default 21 24. Cancellation of RFP 22 25. Job Order Contracting Software and License Fee 22 SECTION 2 - GENERAL TERMS AND CONDITIONS .................................................. 23 1. Definitions23 2. Time is of the Essence 28 3. Contract Term 28 4. Notices 28 5. Priority of Provisions 30 6. Indemnification30 7. Insurance31 8. Performance and Payment Bond34 9. Qualification of Surety 35 10. General Requirements 36 11. Method of Performing the Work 36 12. Work Staging and Phasing 37 13. Site Investigation and Representation37 14. Contractor to Check Plans, Specifications, and Data38 15. Contractor's Responsibility for Damages and Accidents 38 16. Accidents 38 17. Safety Precautions 38 18. Occupational Health and Safety 39 19. Labor and Materials 40 20. Rules, Regulations, Laws, and Licenses40 21. Consultant Services40 Job Order Contracting (JOC) for 2 RFP No. 18-19-001 Horizontal and Vertical Construction Services 22. Project Management 41 23. Superintendence and Supervision 41 24. Authority of the Project Manager (City. of Miami) 42 25. Inspection of Work 43 26. Taxes ...................... .43 27. Separate Contracts..................................:43 28. Lands of Work 44 29. Coordination of Work 44 30. Differing Site Conditions 44 31. Existing Utilities 45 32. Contractor's Responsibility for Utility Properties and Service 45 33. Interfering Structures46 34. Field Relocation46 35. Contractor's Use of Project(s) Site(s) 46 36. Warranty of Materials and Equipment 46 37. Material and Equipment Shipment, Handling, Storage and Protection 47 38. Manufacturer's Instructions 48 39. Manufacturer's Warranty 49 40, Reference Standards49 41. Submittals49 42. Shop Drawings 50 43. Product Data 51 44. Samples 52 45. Record Set 52 46. Supplemental Drawings and Instructions 52 47. Contractor Furnished Drawings ...................... 52 48. Substitutions53 49. City Furnished Drawings 54 50. Interpretation of Drawings and Documents 54 51. Product and Material Testing 54 52. Field Directives 54 53. Changes in the Work or Contract Documents 55 54. Continuing the Work55 55. Supplemental Job Orders55 56. Supplemental Job Order Procedure 56 57. No Oral Changes 56 58. Value of Supplemental Job Order for Extra Work 57 59. Extra Work Directive 57 60. As -Built Drawings57 61. Worker's Identification58 62. Removal of Unsatisfactory Personnel 59 63. Substantial Completion, Punch List, and Final Completion 59 64. Acceptance and Final Payment 60 65. NPDES Requirements 60 66. Force Majeure 60 67. Extension of Time61 68. Notification of Claim62 69. Extension of Time not Cumulative 62 70. No Damages for Delay 62 71. Excusable Delay, Non-Compensable 63 72. Lines and Grades 63 73. Defective Work 63 Job Order Contracting (JOC) for 3 RFP No: 18-19-001 Horizontal and Vertical Construction Services 74. Acceptance of Defective orNon-Conforming Work 63 75, Uncovering Finished Work 64 76, Correction ofWork 64 77, Maintenance ofTraffic and Public -Streets 64 78. Location and Damage toExisting Facilities, Equipment, orUtilities 68 79. Stop Work Order .................................~-.~.~^.-'.^^...^..~~.....^~.'.^......~....'00 00. Hurricane Preparedness 87 81. Use ofCompleted Portions 67 82. Cleaning Up; Cib/'o Right to Clean Up 68 88. Removal ofEquipment 68 84. Get-offs.Withholdings, and Deductions 68 85. Event ofDefault 08 OO. Notice ofDefault-Opportunity bo Cure ..---.-.-..-,^~__,^_____,,____.__,__,.,,__ 69 87. Termination for Default MB 88. Remedies inthe Event nfTermination for Default 70 80. Termination for Convenience 70 SO' Resolution ofDisputes 71 91' Mediation -Waiver ofJury Trial 73 92. City May Avail Itself ofAll Remedies 72 93. Permits, Licenses and Impact Fees .-...................-~~^---...-_-.---.-..'-..'73 94. Compliance with Applicable Laws 73 95. Independent Contractor 73 96. Third Party Beneficiaries � 74 87. Successors and Assigns 74 98. Materiality and Waiver ofBreach .....................................`....,74 98. Severability ...............^^....~........,..^................-.....,75 100. Applicable Law and Venue ofLitigation 75 101. Amendments 75 102. Entire Agreement 75 103. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act 75 104. Evaluation ..................................... ;.............................. 75 105. Commodities Manufactured, Grown, or Produced in the City of Miami, Miami -Dade County, andthe State of Florida -.'..-..-..-..-.-..-'...._....... 108. Royalties and Patents 78 107. Continuation ofthe Work 76 108. Review ofRecords 76 109. No Interest 77 110. Payments Related toGuaranteed Obligations 77 111. Consent nfCity Required for Subletting orAssignment 77 112. Agreement Limiting Time inWhich toBring Action against the City '-.'-..-,................'77 113.Defense ofClaims 78 114. Contingency Clause 78 115. Mutual Obligations .70 116. Contract Extension 78 117.Non-Exclusivity 78 118. Nature ofthe Agreement .--.-....-----.----.-..-,.-..~....-..-...-------.-',.'7D 119. Contract Documents contain all Terms 79 120. Survival 79 121. Disclosure of State Funding, if applicable 79 Job Order 4 RFPNo. 184Q-0Ui i Horizontal and Vertical Construction Services SECTION 3 - SUPPLEMENTAL TERMS AND CONDITIONS ...................................... 81 1. Contract Term 81 2. Non-Prepriced Items 81 3. Job Orders 81 4. Bid Safe 81 5. Initiation of a Job Order 82 6. Preparation of the Proposal Package83 7. Review of the Proposal Package and Issuance of the Job Order 85 8. Economic Price Adjustment 86 9. Computer Requirements 86 10. Progress Payments 86 11. Liquidated Damages 87 12. Schedule of Values.........88 13. Construction Schedules88 14. Release of Liens/Subcontractor's Statement of Satisfaction 89 15. Progress Meetings 89 16. Request for Information 90 17. Project Site Facilities 90 18. Inspection of Work 90 19. Security.................................................................................................. , 91 20. Construction Signage91 21. Construction Photographs 91 22. City Furnished Property 91 23. Geotechnical Testing 91 24. Field Layout of the Work and Record Drawings for Drainage Projects 92 25. Permit Fees 93 26, E-Verify - Mandatory Use93 27. Job Order Contracting Software and License Fee .......................... 94 28. Tax Exempt Transactions/Direct Materials Purchasing 94 SECTION 4 — SCHEDULE OF PRICES 101 SECTION 5 — ATTACHMENTS 113 Certificate as to Corporate Principal 115 Supplement to Schedule of Prices 117 CustomerReference Listing123 Reference Letter for Vertical Project125 Reference Letter for Horizontal Project 127 Office Location Affidavit 129 Certificate of Compliance with § 18-87, 18-89, 18-120 of the City Code 133 Local, Small, And Disadvantaged Business Enterprise Participation 135 Local Workforce Participation Proposal Question 137 SECTION 6 - CONTRACT EXECUTION FORM149 Corporate Resolution 150 Form Of Performance Bond 152 Certificate As To Corporate Principal 157 Form A - Information For Determining Joint Venture Eligibility 161 Job Order Contracting (JOG) for 5 RFP No. 18-19-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 6 RFP No, 18-19-001 Horizontal and Vertical Construction Services ����KU����������� �"���°����� ����~��� ~~~~~-~~~~~~` FOR PROPOSAL v ^~ ^ x ~~~~^ ^~ ^� ~~^ NTRACTORS NOTICE TO COSealed Proposals will be received by the City of Miami, Office �the City Clerk, City Hall, list Floor,3500 Pan American Drive, Miami, Florida 33133-6504 for: JOB ORDER CONTRACTING (JOC) FOR HORIZONTAL AND VERTICAL CONSTRUCTION SERVICES Proposals Due: Wednemdam'O8av, 22,2019 at 2:00 P.M. This Notice to Contractors is for the award of Job Order Contract (JQC), A JOC is a competitively ewarded, 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 p|onad with the "Contractor' for the accomplishment of repair, alternation, 'modernization, maintenance, rehabilitation, demolition, and construction of infrastructure, buildings, otruotureo, and/or other nae| property. Under the J(]C Concept, the Contractor furnishes all management, nnater/m|o. |mbur, equipment and incidental scope development services necessary to complete projects, onanaonaedadbaoio'forthafnUowing: A. Horizontal Construction Proleots |no|ude, but are not limited to: new construction repair, ma[ntenaUce, and/or reconstruction, and may also include underground storm and/or sanitary sewer systems and components such as pump stations, force nnaino, injection wells and d|npomm| mutfaUe| rights -of -way 'and streetscape improvements (roads, sidewalks and swale areas) including, without ||rnitoUon, street grading, pavement nni|||nQ, pev|ng, curb and gutter installation, atriping, sidewalks, pavers, irrigation systems, lighting and landscaping; and waterway improvements and maintenance. B. Vertical Construction Prm|ects |nc|udo, but are not Unnibad to: new oonetruot|on, a|terot|on, renovation and rehabilitation ofCity of Miami (the "C|b/'\propmrtv and tooiUbma; capital project maintenance; expansion of park and recreational fmci|itima, nonnnnunbv and day care oenbaro, administrative offices and facilities, fire stations and support facilities, police facilities, performance venues and marinas. Work shall baaccomplished bvmeans ofissuance ofatask order against the J(]C. The projects awarded under Job Order Contracting (JOC) for Horizontal and Vertical Construction Services /JOC Contracts) will typically baless than $1.00O.00O.0O.and may cover awide variety ofprojects. Selected Proposers be capable of self -performing at least thirty percent (30%) of the physical construction labor for horizontal projects. Forhodzonta!pr 'acto1heth|rtvpercent(80%)ne|f-performonoa is applicable to each and every phase separately, |fitia a phased project. However, selected Proposers are not required to self�perform a certain percentage of the physical construction labor for vertical projects. The Office of Capital Improvements >\ anticipates awarding ton (10) JOO Contracts for horizontal construction services with annual maximum capacities of $2,500,000.00 each, and ten (10) 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. Proposers may submit Proposals for one or both Services; however, the City reserves the right to limit the number of contracts held by each Selected Proposers, if determined to be in the best interest of the City. The term of the Contracts awarded pursuant to this RFP ohmU be for an Initial period of two (2) years commencing on the effective date hereof. The Cih/, by action of the City Manoger, and the Ga|autad Proposers, hereafter referred toao(Jontrootor(s)'shall have the bilateral option tuextend the term ofeach Job Order Contracting (JOC)for 7 RFPNo. 18'18'OO1 Horizontal and Vertical Construction Services Contract for two (2) additional periods ofone / each, subject to the Contractor's continued satisfactory performance andetermined bvthe Director ofOO|'and subject to the availability and appropriation of funds. 2. Minimum Requirements: Proposers shall possess all of the following minimum requirements: A. Horizontal Construction Projects - Hold a currently active State of Florida Certified General Contractor license, or General Engineering Contractor's Certificate ofCompetency |omuad by Miami -Dade County's Construction Trades Qualifying Board, as of the Proposal due date. B. Vertical Construction Projects - Hold a currently active State of Florida Certified General Contractor Ucenae, or a State of Florida Certified Building Contractor license, as of the Proposal 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 (0)separate projects completed within the past three /3>years. D. Meet all minimum requirements as stated above for the applicable JOC Contract, as of the Proposal due date, ' Note: The licensing/certification requirements are e continuing condition of ovvand. as 0e|eobyd Proposers must maintain these minimum qualifications throughout the duration of the Contract. The Department ofProcurement has scheduled a VOLUNTARY PRE -PROPOSAL CONFERENCE to be Me7W mtthe following date, time, and location: Location: PNiom| Riverside Center 444GVV2no Avanue.6 m Floor South Conference Room Miami, FL3313O Date/Time: Friday, 'April 26, 2019ed10:00a.mm. ALTHOUGH ATTENDANCE IS NOT MANDATORY, THE CITY STRONGLY ENCOURAGES PROSPECTIVE PROPOSERS TO ATTEND. The RFP documents may be obtained by visiting the C)C|'m vvaboite: hftp://www.miami.qov.com/MiamiCapitaI/NewBidsandProposals.htmi on or after Friday, April 19, 2019. It Is the sole responsibility of all Proposers to ensure their receipt of any addendum. It is recommended that firms periodically check the OCIxnmbpoqefor updates and the issuance of addenda. All Proposals shall be submitted in accordance with the Instructions to Proposers identified in Section1. Instructions for Submission. Proposals must be submitted in printed dup|/oedm originals and on CD wrUSBDrive inSEARCHABLE P[}Fformat etthe time, date and location stated, where Proposals will bepublicly opened. Any Proposals received after the time and date specified will not be considered. The responsibility for submitting m Proposal before the stated time and date is solely and strictly the responsibility of the Proposer. The City is not responsible for any delay no matter what the cause. Proposer assumes any risk of any delay or mistake. PROPOSER IS HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT TO THE "CONE OF SILENCE,`, IN ACCORDANCE WITH ORDINANCE NO.12271 Section 18~74,CITY OF8U{AK0ICITY CODE, maamended. Job Order 8 RFpNo. 1D19-OO1 Horizontal and Vertical Construction Services SECTION I ~ INSTRUCTIONS FOR SUBMISSIONIntention of City It is the intention ofCity to describe in this RFP Job Order Contracts L�}C\for Horizontal and Vertical Construction (JOC Contracts) and related JOC programs administered by the City for the procurement of Project(s) to be nnnnp|ebad in mccVn1anma with all nndan' |avvn, rules applicable standards, specifications, manuals, and regulations -governing all the Work to be performed under the Contraot(n). Contractor(s) oUaU supply any work, |abor, nnatoho|o and/or equ(prnant, and management that may reasonably be inferred from the Contract as being required to produce the intended results, whether ornot specifically called for inthe Contract C)oounoenhn. VVheno words have a well-known technical, or trade meaning is used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Flefenanom to standard epacif|omUonm, manuals, or codes nfany technical uooietv, organization or association, orhothe |avvo or regulations of any governmental outhordx, whether such rehynanoo 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 Proposals 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, nnach\nery, tooh;, nnuana of transportation, aupo|iea, 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. J[){} is an indefinite de||very, indefinite quantity contract pursuant to which the Contractor mhmU perform an ongoing oodaa of individual Projects at different |ooet|onn, often oimu|taneoua|y, at various City owned or controlled locations.'The FKFP documents include o Construction Task Coto|ngw(CTC) containing construction tasks with pna-am1ob|iohad 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 boat interest of the Qty. The ovvand of J[JC Contract does not provide any Quorontem, exc|um\vity, or right to the award ofany P'ect(o)fromtheC|tv. ° Horizontal Construction Projects include, but are not limited to: new construction nepa|r, ma|ntanonca, and/or nenonstruot|on, and may also include underground storm and/or sanitary sewer systems and components such as pump stations, force mains, i'ectionvve|lm and disposal outfoUs; rights -of -way and atnostooapo improvements /nuado, o/dovvn/ho and swale areas) including, without limitation, street grading, pavement milling, paving, curb and gutter installation, otr|ping, e|devvo|ka, pavers, irrigation oyotenna. 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 foo||iUen' community and day ooro centers, administrative offices and hsoU{tien, fire stations and support facilities, police facilities, performance venues and marinas. ! | | Job Order for 9 RFPNo. 1&49-0O1 ' 3 Location of Project(s) will be located anywhere within the boundaries of the City. 4. Performance of the Work Contractor mhoU self -perform at least thirty percent (30Y6) of the physical construction labor for horizontal contracts. If such contract is pheoed, segmented or otherwise incrementally performed this self -performance requirement will apply to each and every phooe, segment, or increment. If Contractor has more than one (1) contract pursuant to this RFP this self -performance requirement will apply jointly and severally to each and every contract the Contractor is awarded under this RFP. By submitting n Proposal, the Proposer certifies that it will utilize its uvvn employees to meet this requirement. As port of the Proposal, the Proposer must include the form titled "Questionnaire." Failure to complete and submit this fornn, or to meet this nequiremnent, ohoU result In the Proposal being deemed non -responsive. VVhen+ the City dotnnninmo that Contractor is deemed as not meeting this requirement during the performance of the Work, then the Contractor shall be in default ofthe Contract. Contractor shall not be required to self -perform a certain percentage of the physical construction labor for vertical contracts. 5 Examination ofContract Documents It is the responsibility of each Proposer, before submitting a Proposal, to: 0 Carefully review the F{FP Oocunnerda, including any Addenda and notify the City of all oonf|(o1s, annno. or discrepancies. . 0 Take into account federal, state and local (City and Miami -Dade County including, without limitation, the Cjb/'a Procurement Ordinance and Florida Building Code) |avva, regulations, ordinances that may affect oProponer'eability toperform the Work. = Sign and return all required RFPforms and/or addenda, ooapplicable. In addition to the documents identified in Article 1, Definitions, of the General Terms & Conditions the RFPDocuments include: VOLUK8E|: Project Manual VOLUMEII: Construction Task Cato|ngO VOLUME III: Technical Specifications The submission of a Proposal shall constitute an incontrovertible representation by Proposer that it will onnnp|y with the requirements of the Contract Documents and that without exoeption, the naVpnnnm is premised upon performing and furnishing Work required under the Contract Documents and that the Contract Documents are sufficient in datm|\ to indicate and oonvey understanding of all terms and conditions for performance and furnishing of the Work. 0. Addenda Only questions answered via written addendum will be binding. C}na| and other interpretations or clarifications will bewithout legal binding effect and should not be relied upon in preparation of Proposal response. All questionsabout 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 annUeCdmiom|Oov.00m, with a copy to the Office of the City Clerk at nnoatiUoft.rn|ann|Oov.onrn. Interpretations or clarifications considered naoaaoory by Pnzcunannant 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 Friday, May 3,2019etZ:ODP.YN. Job Order 1O RFPNo. 1O49-001 Horizontal and Vertical Construction Gamlceo 7. Proposal Submission All Proposals 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 Proposal opening, enclosed in a sealed envelope, legibly marked on the outside: PROPOSAL NO.: 18-19-001 NAME: Job Order Contracting (JOC) for Horizontal and Vertical Construction Services Proposers must submit two (2) original Proposal Packages and one electronic Proposal Package on a CD in SEARCHABLE PDF format. Failure to submit two originals may result in the Proposal being deemed non -responsive. 8. Proposal Guaranty All Proposals shall be accompanied by either an original Bid bond executed by a surety meeting the requirements of the City, or by cash, money order, certified check, cashier's check, Unconditional/Irrevocable Letter of Credit, Bid Bond Voucher (for projects less than $200,000) 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 for vertical contracts and $100,000 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 Proposers will be returned after award of the Contract(s). A PERSONAL CHECK OR A COMPANY CHECK OF A PROPOSER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Proposer 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 Proposal Proposers may choose to propose 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). Proposers shall prepare and submit their Proposal in accordance with the following: All Proposals must be made upon the blank City forms provided herein and herewith. The Proposal must be signed and acknowledged by the Proposer in accordance with the directions on the RFP. Failure to utilize the City's forms, or fully complete said forms, may result in a determination that the Proposal is non -responsive. The Proposer shall be considered non -responsive if Proposal is conditioned on modifications, changes, or revisions to the terms and conditions of the RFP. Tab 1: Cover Letter The cover letter shall be signed by an authorized representative of the company(s). The letter shall include a brief narrative description of the company and its services. The cover letter must contain a commitment to: 1) to the Proposer's ability to provide the services described in the Contract Documents, 2) to participate in any Joint Scope Meetings to which Proposer is invited, 3) to ensure sufficient staffing capacity to procure individual projects through the issuance of the Job Order and to manage construction through project close-out, and 4) to quick resolution of any procurement or construction related issues negatively impacting the performance of the Work. Job Order Contracting (JOC) for 11 RFP No. 18-19-001 Horizontal and Vertical Construction Services Tab2/ Comparable Construction Experience The City is seeking to obtain the services of m Proposer with comparable project experience. Proposers are tnsubmit five (5)projects fqreaohofthefo/lovvngthnoe(3)oateoohesforatoto|of fifteen (15) projects |no||.Eaohoubm|ttedproject must have final acceptance date after January 1' 2013. Projects that have a final acceptance before January 1' 2013 or do not yet have ofino| acceptance date will not be considered. If submitting m Proposal for vertical construction, submit vertical projects as comparable construction experience. If submitting o Proposal for horizontal construction, submit vertical projects anoompormb|aconatructionexper|mnoe. ° Five (5) projects vvhomefino\va|umlno!udingchangeondaroinaque\hmnr|amsthmn$5V'0OU. Complete aseparate Proposal Form 1(Section 5\for each project underthiooetegoryamd attach anadditional sheet describing the scope ufwork. • Five (5) projects vvhooeOnm\vo|ua|nniud|ngohongeordaraiogreotarthan$5U.00Obut}eeo than orequal to $250,000. Complete a separate Proposal Form 2(Seotion 5) for each project under this category and attach an additional sheet describing the scope of work. ° Five (5) repair and rehabilitation projects whose final value including change orders is greater than $250,000. Complete a separate Proposal Form 3 (Section 5) for each project under this category and attach mnadditional sheet daooribingthe scope ufwork. Tab 3- Key Pmrowmme| The City is seeking to obtain the oem|uea of a Proposer whose proposed staff has extensive construction experience. For each position below, complete the appropriate attachment and attach mreeume. ° Contractor Project Manager: Complete Proposal Form 4 (Section O) for the proposed Contractor Project K8anagerihotwi||beasoignedtotheContractandattooharoaume. ° General Field Superintendent: Complete Proposal Form 5 (Section 5) for the proposed General Field Superintendent that will be assigned to the Contract and attach a resume. In addition to identifying the Key F,ecoonna| assigned to the Contract above, insert narrative detailing the Pnoposer'm staffing plan for administering the Contract and providing high quality service to the City. Be specific in regards to the Proposers ability to assign additional staff if the volume nfwork requires it. The key personnel submitted with the Proposal shall be assigned to the Contractforthe full duration of the Contract, The Contractor must obtain the City's prior approval before substituting any of the key personnel proposed with this Contract. . Tab 4: Safety Attach o letter from the Propnaer'e insurance company, on the insurance carrier's letterhead, stating the Propoaar'a ExperienceModification Rate (EN1F) for the past three calendar years: 2O18' 2017, and 2016. If, during any year, the EMR is greater than 1.0, attach an explanation as to why the EyWR|agreater than 1.0and steps taken toreduce the EK8R. Tab 5: SBE and Local Workforce Participation Plan The Proposer will supply with its Proposal, its plan to meet or exceed the SBE and Local Workforce participation goals set forth /n this RFP. Specifically include details about prior |ava|oof G8E and Local Workforce participation and how the Proposer plans to meet or exceed the goals on this Contract. TabG: Price (Adjustment Factors) The Schedule of Prices requires that Proposers submit two (2) Adjustment Factors for this Contract. The AdUatnmmOtFaotmraareappUgdtothaUM|tPhcesinthmCnnmtruotionTaokC|mto|ogm /[TC\. /Job Order Contracting (JOO)for 12 RFPNo. 1848-OO1 Horizontal and Vertical Construction Services / i | When preparing aJob Order Price Proposal, the Contractor shall select the appropriate Adjustment Factor for each task. Each Proposer 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. All Unit Prices listed in the Construction TaukCedn|oge are priced at net value of 1.0000. The Adjustment Factor(s) must be expressed as a percentage increase to or decrease from the Construction Task CatalogO. The Adjustment Factors shall be to the fourth decimal place (i.e. a five percent (5Y6)increase would beexpressed ooanAdjustment Factor nf1.O5O0and ofive percent (5Y6) decrease would be expressed an on Adjustment Factor ofU.S5OO\. Proposers who submit separate Adjustment Factors for separate.Unit Prices will be considered non -responsive and their Propoaa|vvU/be rejected. One set ofAdjustment Factors shall apply to the horizontal contract and one set to the vertical contract, depending on what Contract the Proposer is submitting a Proposal. The Adjustment Factors are to include the furnishing of all labor, materials, overhead expense and prof|t, equipment inc|udin8, but not limited to, tools, aervicee, permit feeo, applicable toxeo, overhead, and profit for the completion of the Work except as may be otherwise expressly provided inthe Contract Documents. ,'`�ha|_—|_usoo o� '--�—+"'pene'^-�n -`inm- n` ' ,or�va|uo1on purpoem� �O�._'naTox-`.mgyyo�`,m|a�-_npnoo,- -,� proposed 0rlcP',' Adjustment %Meight ������ =,=="~�,===,'== '- - -`% � foA{i The Proposer's Adjustment Factors must take into account all the costs associated with completion of the Work as outlined be/ow and all other costs that the Proposer anticipates. Therefore, it is expected that the Normal Working Hours Adjustment Factor will be equal to or greater than 1.0000, Proposers that submit proposals with amAdjustment Factor ofless than 1.UUOOare required to attach a separate narrative describinn / certifving to the satisfaction of the Cltv that: 1 All Unit Prices for all sections in the CTCvvana evaluated. 2 All costs not considered as part of the Unit Prices have been adequately considered and Incorporated Into the Adjustment Footoro, including but not limited to: a\ Business costs as outlined ba|ovv and including overhead costs of maintaining the key personnel project staff as required herein is a major overhead cost for which the Proposer must supply detailed information. b\ Construction related costs oeoutlined below. c\ Price variations between 'the published Unit Prices /n the CTCand the actual cost for purchasing and installing those tasks. Job Order for 13 RFPNo. 1&49-0O1 Horizontal and Vorfloo Construction Services � 3 All other costs associated with the complete performance of the Contract have been taken into consideration and incorporatedinto the Adjustment Factors. 4 The numerous business and construction related costs not included in the Unit Prices that have been considered and incorporated into the Adjustment Factors. Following is n synopsis of some of these costs, which are shown more completely, and in more detail in the Construction Task C;�ta|ogO pageeOO4 toOO-0. a) Bueinamocosts, including but not limited to: 1\ Overhead costs such as: home office overhead; insurance; bonds; training; management; supervision; project office staff; and mobilization, 2> Profit 3) Subcontractor's overhead and profit 4\ All taxes which are not waived 5> Payroll taxes, worker's compensation and insurance costs 0\ J[>C System License Fee b\ Construction related oosto, including but not limited to: 1> Services n*qu|n8d to obtain filings, building penn|to, and the cont of the permits 2\ Costa incurred toinvestigate work sites, develop work scopes, preparation and modification of proposals sketches, drgvvnge, submittals, as -built drawings and other records. 3\ Engineering and architectural services other than those required for stamped drawings 4) Construction vehicles 5\ Personnel safety equipment 0) Protection ofall surfaces during construction 7) Daily clean-up and professional final project clean-up 8\ Difficult and extreme working conditions Q) Complexity ofindividual projects o> Price variations: 1\ Any other phoa variations or fluctuation anticipated must be taken into account inthe Proposer'oAdjustment Factors. 2\ The Proposer is strongly encouraged to review pages 00-01 to 00-08of the {}TC to get o better understanding of hnvv the Unit Prices were developed and to fully understand costs one considered port of the Unit Prices and what costs are considered part ofthe Adjustment Factor. Failure to provide adequate justification that all costs described above have been taken into account may result iothe Proposal being declared npn'rmspsmsivw. Any change in the applicable minimum hourly rates of wages, and any increases or decreases in the material prices, during the performance of the Contract shall not affect the Unit Price tobepaid bythe City for Work performed under the Contract. Job Order 14 RFPNo. 184gf01 ! Horizontal and Vertical Construction Services i The Proposer, when proposing its Adjustment Factors, must understand that the City will evaluate the Contractor's Price Proposal in great detail and will accept only those tasks and quantities that are directly related to an individual P'ooyo Detailed Scope of Work in aoonndanoa with the Contract Documents. The Contractor Is expected to provide an accurate Price Proposal on its first aubrninoion, failure to do no may result in termination of the Contract. Tab. 7: Other Documents Required with the Proposal Joint venture firms must complete and submit with their Proposal, the form titled "Information for Determining Joint Venture Eligibility" (Form A)'and submit ocopy of the formal agreement between all joint venture parties. This joint venture agreement must indicate their respective rn|am' responsibilities, and levels ofparticipation for the Project. Fai|uretoaubmitFnrmA.m|onQvvithon attached written copy of the joint venture agreement may result in disqualification of the Proposal. All joint venture firms must meet the requirements stipulated in the Florida Statutes. Remainder ofthe Section OAttachments, including: • Bid Bond Form ° Questionnaire • Customer Reference Listing • Office Location Affidavit " Certificate of Compliance " Local Workforce Participation Proposal Question 10. Pre -Proposal Conference A VOLUNTARY PRiE-PR�0P��S��LC�C�0FERiEN��EvviUbeheld unFriday, April 2G,2O19at10;0g m o A.M. at the K8|amn\ Riverside Center, 6 Floor, South Conference ��mmnm, �44 ��/ 2n Avenue, K0immn|, FL 33130. to discuss this RFP. Since opoom is limited, it is recommended that one representative of each firm attend in order to become familiar with the RFP. Attendees are requested tobring this RFPPackage tothe conference, Although attendance is voluntary, the City strongly encourages prospective Proposers to attend. 11. Postponement of Proposal Due Date The City reserves the right topostpone the date for receipt through issuance ofaddenda, and will make a reasonable effort to provide at least five (5) calendar days'notice of any such postponement tuprospective Proposers. 12. Acceptance or Rejection of Proposals The City nsoen/eo the right to reject any or all Proposals prior to avvand, to re -advertise for Proposals, and not award any Contract, inthe sole discretion nfthe City. The City reserves the right to vvoiva any minor or non -material technicality, |nfornna|ity, variance, deviation, omission orthe like up1omrprior tnaward ofthe Contract. Reasonable efforts will be made to either award the Contract nrreject all Proposals within ninety (90) calendar days after Proposal due date. A Proposer may not withdraw its Proposal unilaterally nor change the Adjustment Factors before the expiration of one hundred eighty (180) calendar days from the Proposal due dote. A Proposer may withdraw its Proposal after the expiration of one hundred eighty (180) calendar days from the date of Proposal due date by delivering written notice of withdrawal to the OC}| to award of the Contract bvthe City Commission. Job Order 15 RFPNo. 1848-001 Horizontal and Vertical Construction Services | 13. Envir#nmentayRequilations and BWDdUnqCodes The City reserves the rightt000neidaraPropoaer'mh|otoryofuitaUona.cJaims.ond/orxio|mUonsnf environmental |awm, ru|ea, and/or regulations (Regulations) and/or Florida Building Code in determining o Pnopoaer'u nsuponoibiUb/, and further reserves the right to declare m Proposer not responsible if the history or frequency of violations warrant such determination in the opinion of the City. Proposer shall submit with Its Ppopooa|, 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 Proposer that there are no citations or violations. Proposers shall notify the City immediately of notice of any citation orviolation which Proposer may receive after the Proposal due date and during performance of the Work under this Contract. This inquiry will cover all violations of Regulations in the United Gbytau. its possessions or territories. Proposer for purposes of the section mheU mean the actual Proposer, any business entity that Is o ouboidiory, wholly or in which a majority of equity is owned by the Proposer, or its principals vvh|oh for these purpnoeesha\\mmononyoffioer.d|rectororatookho|darowninghlonathonfive(596)peroentnfitn stock orafive (5%) percent equivalent interest. 14. FKFP Eva|uatiam/@wYect|oh Process and Contract Award The City anticipates awarding up to ten /10\ Contracts for horizontal construction and ten (10) Contracts for vertical construction, The City reserves the right to award fewer contracts or additional contracts if determined to be in the bast interest of the O|b/. Proposers may submit Proposals for one or both Contracts; however, the City reserves the right to limit the number of contracts held by m Cuntrmntor, if in the bent interest of the Qh/. The City will issue the award of the Contracts tothe responsive and responsible Proposer(s) whose Proposal offers the City the best value in terms of taohn|oo| quo|if|ooUnno and price. When evaluating Proposals, the City shall utilize the following evaluation criteria: Comparable Project Experience Key Personnel Assigned 10the Contract SBE and Local Workforce Participation Plan Schedule of Prices (Adjustment Factors) 30% TOTAL: The price will be evaluated subjectively in combination with the technical proposal, including an evaluation of how well it matches Propooer'u understanding of the City's needs described in this Solicitation, the Proposer's assumptions, and the value of the proposed services. The City na8en/eo the right to negotiate the final terms, conditions and pho|Og of the contract as may be in the best interest Cfthe City. Upon completion of the technical criteria evaluation indicated above, rating and ranking, the Committee may choose to conduct oral presentations with the Pnopooar(s) which the Committee Job Order for 16 Horizontal and Vertical Construction Services deems towarrant further consideration based on, among other considerations,scores inclusters and/or maintaining competition. The purpose of these presentations and discussions will be to clarify and nooune Prnposer'o full understanding of, and responsiveness to, the solicitation requirements. Upon completion of the oral pneoentation(s). the Committee will re-evaluate, re -rate, and re -rank the proposals remaining in consideration based upon the written documents combined with the oral presentation. Upon completion ofthe final scoring, the Evaluation Committee will determine the 'unnbernffirms to be recommended for negotiations for the Horizontal and Vertical Construction Contracts by determining and voting on m minimum percentage threshold of evaluation points. For example, all firms with 70% and above will be recommended for a Horizontal Construction Contract. For those Proposers ovvordad m Contract, the City. intends to average the Normal Construction Working Hours and the Other Than Normal Construction Working Hours Adjustment Factors of the Proposers being awarded a Contract 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 VVnrh)ng Hours and the Other Than Normal Construction Working Hours Adjustment Factors of the Proposers being awarded o Contract for vertical construction to determine the actual Adjustment Factors that the City will pay/award for ye�ioa|construction. Vfthe City e|emtmtoamerngethe��d'ustmnmntFactors as described obpnm,each wfthe successful Proposers, 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 abmwe, by calculation of the City. The City reserves the right topanYmvvardthe contracts based onactual Adjustment Factors received, instead of the averages described above. The City may require demonstration ofcompetency and, at its un|e and absolute diocnetion, may conduct site visits at the Pnupooe/n office, require the Proposer hofurnish documentation and/or roqu|rethePropnsertoattendomneeUngtodoternninothePropone/oquu|ifinaUunaendabUibbo 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 beperformed, the quantity ofWork being performed, and past performance onCity projects bythe Proposer. The Proposer must be able to demonstrate n good record of performance and have sufficient financial resources toensure that |tcan satisfactorily provide the goods and/or services required herein. The City, at its sole diaoreUOD, may determine o Proposer to be non -responsible where the Proposer has failed to perform in accordance with other contracts with the City. Any Proposer 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 trustee or receiver has been appointed over all or a substantial portion of the property of the Proposer under federal bankruptcy law orany state insolvency, may bodeclared noM'rggpona|va. Any Proposer who may have filed mlawsuit against the City orwhere the City has filed olawsuit or won a court judgment against the Proposer may be declared non -responsive. 15. Protest Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of contract may protest /n writing to the Chief Procurement Officer, in Accordance with the procedures contained in Section 18-104. Resolution of protested solicitations and avvando, 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 ohm|\ NOT be accepted. Job Order Contracting (JOC)for 17 RFPNo. 18'1g'UO1 Horizontal and Vertical Construction Services FmUuna of o party to timely file eho|| constitute an absolute waiver of such party'm rights to fi|o e protest. NO EXCEPTIONS TO THIS REQUIREMENT. 16. SnNaUY Business Enterprise ("SBE'/) Participation The Contractor must comply with the following GBE participation requirements. All inmtnunUona, required fornnn, and other information necessary for complying with the GBE participation requirements are available nnthe [>C|vvebpege. o\ The Contractor must assign o minimum offifteen percent (1596) of the Contract value to a respondent or to a construction related enterprise currently certified by Miami- Dade County as o GrnoU Business Enterprioo.(8BE) as set forth in Sec. 10-33.01 and Sec. 10-33.02 of the Miami -Dade County Code; b\ Five percent (5Y6) of the Pmnpoam/ amount uho|| be retained by the City for the SBE requirements until said requirements are fulfilled and verified within six (0) months of Contract completion pursuant to Section 18-89 of the City Code. Failure to comply with the SBE requirements within six/O\ months ofContract completion shall result in the forfeiture of the retained -amount to the Cib/. This five percent (5%) reta|naga is included within the ten penoent(1UY6) nmto/nagenormally withheld bythe City; o> c) The Contractor shall retain the services of an independent third party to veNfy 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 |ioonoad under the provisions of Section 454' 471. 473. or4O1 of the Florida Statutes. The person performing the verification shall have m minimum of two /2\ years of prior professional experience incontracts compliance, auditing, personnel administration, or field experience in poyno\i' enforcement, or investigative environment. The cost for this verification shall boincluded inthe related contract costs. The following link is to the Miami -Dade County website where Proposers can view the current listing of certified G8E contractors by trade. Contractors will be required to submit Monthly Utilization Reports (yNUR)todemonstrate 8BEcompliance: http://\wvmw.mimmidode.qov/omm||buoinesn/|/brorv/reports/oert|fv-oobe-bv-firmn.pdf 17. Local Workforce Participation a\ Contractor must employ the following minimum percentage requirements for on -site labor from persons residing within yW|mrni-Ooda County (an individual vvhnee primary place of residence is within Miami -Dade County).for the duration ofthe project: 1. Construction contracts with a construction cost of up to $250.000 oho|| have no local vvnrhfonoe participation requirement. 2. Construction contracts with a construction cost of $250,000 or more, but less than $500,000 shall have minimum local workforce participation requirement often pennent/1UY6\ O. Construction contracts with a construction cost of $500,000 or more, but less than $750,000 shall have a minimum local workforce participation requirement of fifteen percent (15%). 4. Construction contracts with o construction cost of $750.000 or more, but |emg than $4'000'000 ShoU have o minimum |Vna( workforce port|o|poDuO requirement of twenty pencort(2D96). 5. Construction contracts with oconstruction cost Cf $4'DO0.UOOormore shall have ominimum local workforce participation requirement offorty percent (4Of6). All local workforce participation percentage requirements listed above shall be applied on the construction p 'ect'eon'oito|aborfonue.The County residency ofthe oMsitelabor component shall basubject toverification bvthe OC|. Job Order Contracting 18 RFPNo. 18'19'O01 Horizontal and Vertical Construction Services b)The Contractor shall strive toemploy aminimum offifty percent (50%)of the aforementioned minimum local workforce participation percentage naquinannonta from within the City commission district where the project is located. Five percent (5Y6) of the Proposal amount ohmU 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 nuboinad amount in 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. cU 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 o value between $1.000.000ond $2.000.000. the Contractor shall be required to hold one job fair within the local onnnOlun|h/. 2. For contracts with a value greater than $2,000,000, the Contractor shall be required to hold two job fairs within the local community. e\ Proposal and response documents bawhich o local workforce participation requirement goal has been applied ahoU require the Contractor to develop and submit to the Chx. 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 [:itv, proof of adherence to the Cib/'a 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 abrief description ofwork; 2. Total dollar value of the contract; 3. Dates covering the term ofthe 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 bytrade and uotegory\| O. 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. !fthe project VVaooverOn8nD||UondnUaro($1.000'DOO)didtheContnaotorholda'obfnir'if yes, provide the date and location ofthe job hyir(o).number of attendees; 8. Was e third party hired to verify and certify compliance with the |nCo| vvVrK force � requirements,- if yes. were all requirements met, what was the third 9arty's name and provide their current contact information; A. Was the five percent (5%) retainage fee released to the Contractor by the City upon project completion; and 10.(fthe Contractor did not meet the goal, did you seek a waiver ofthe program requirements ! from any City official, and provide mdetailed explanation. The plan shall identify bvname, address, and trade category Ofall 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'aproject nlanogeronanlonth|yb@sie.and|nthaaventth8tdUhngtheContnactp8hoda new hire or a person identified in the p}m0 as meeting the local workforce participation Job Order Contracting (JOC)for 19 RFPNo. 1848'OO1 Horizontal and Vertical Construction Services i / requirement goal ioreplaced, the City may require the Contractor toimmediately identify the replacement. f) 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 Unanaad under the provisions of Florida Statute Chapters 454, 471. 473, or481. The firm performing the verification shall have a minimum of two (2) years of prior professional experience in contracts compliance, auditing. personnel administration, orfield experience |n payroll, enforcement, or investigative environment. The cost for this verification and certification ahe|| be included in the related Contract costs. These local workforce participation requirements shall apply bz any competitively procured Contract under this section unless: 1. The City Manager or designee deems the requirements unfeasible prior to issuance of the RFP document; 2. It is disallowed byfederal orstate law orgrant requirements; 3. Funding sources require a|barnote, contradictory or specifically exclude or d|aa||nvv local workforce participation requirements; 4. These requirements are waived by the City Commission by resolution, prior to issuance of the RFP ducument, upon written recommendation of the City Manager or City Manager's designee. Proposers should refer to Section 18-89(' of the C\hv of Miami Procurement Code for further clarification. This language is only o summary of the key provisions of the Loco} workforce participation rnquinementa. 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| C]nd, No. 13275. §2. 7-14-11;C)nd. 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 ofthe Local workforce participation requirements. You may contact the City Clerk at(305) 250-5800. to obtain a copy ofthe same. 18. Responsible Waqe and Benefits Pursuant to Section 18-120 of the City of Miami Procurement Code, entitled "Responsible Wage Construction Contracts," Prime Contractors and subcontractors mhnU be required to pay Miami - Dade County Responsible VVaQem and Benefits rates to all labors and rneohon{on for any construction contract with an award value in excess of $250,000. Miami -Dade County Responsible Wages and Benefits rate schedules can befound at: hftp:/k^mvvv.mn|om|dade.qov/buninoae/renorto'woqeo.anp Proposers shall incorporate in their Adjustment Factors Responsible Wages and Benefits for bui/d)ng, heavy, and/or highway construction to comply with the requirements of this RFP for horizontal and/or vertical construction The only exception to this requirement is for construction projects which are federally funded or which the State of Florida is paying fifty percent /50Y6\ or more of the cost of the construction project, or when orpneoo|y prohibited by state or federal law or an applicable grant requirements. Federally assisted construction contracts must adhere to Davis -Bacon Act nvagao and benefits naba 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 ofSilence" is imposed upon this RFP after advertisement and terminates otthe Job Order Contracting 38 RFP No. 1&49-00 Horizontal and Vertical CunntrunbonServices time the City Manager issues owritten recommendation to the Miami City Commission. The Cone ofSilence prohibits any verbal communications regarding this RFP. Any communication concerning this RFP must be submitted /n writing to Procurement at ARo|\e(c-Dm|anniqov.com. Proposers must also file e copy of such written communications with the Office of the City Clerk. Written communications may be in the form of e'nno||, with a copy to the CdfoeuftheQh/C|erhmtRCnoti||o(&m|amiqnv.com. This language is only an overview of the requirements of the Cone of Silence. P|mnan noviovv Section 18-74 of the City's Procurement Code for a complete and thorough description of the Cone ofSilence. You may also contact the City Clerk ot/3U5\250-530O.toobtain acopy. 20. Public Entity Crime A person or affiliate who has been placed on the convicted Proposer list following a conviction for n public entity nhnna may not submit a proposal on a contract to provide any goods nrservices tu a public entity, may not submit a Response on a contract with a public entity for the construction or repair of public building or public works project, may not submit a Response on o (ease 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 anUh/ in excess of the threshold amount provided in Section 287,017 of Florida Statutes for Category Two for period of thirty-six (36) months from the date of being placed on the convicted Proposer list. 21' Fraud and Misrepresentation Any individual, corporation, orother entity that attempts tomeet its contractual obligations with the City through fraud, misrepresentation or material minetctement, or omission of any mnoteriml foot. 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 aoa 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 eeonoietmd with termination or cancellation. 22' Collusion Where two (2) or more related parties, as defined herein, each submit a Response to onRFP 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, oortro|, and management of such related parties in preparation and submission under such RFP. Related parties shall mean employees, offiuerm, owners or the principals thereof vvh\oh have a direct or indirect ownership interest in another firm or in which a parent company or the principals thereof of one Proposer have a direct nrindirect ownership interest inanother Proposer for the same p 'eot(a).RFPreoponaeofoundto becollusive shall be rejected.OvvnaronhoUmeanthomeperennaxvhoovvn5Y6ornmoreofmn|ntana&t in related parties. 23, Contractor in Arrears or Default The Proposer represents and warrants that the Proposer is not in arrears to the C\h/ and is not m defaulter as a surety or otherwise upon any obligation to the City. In addition, the Proposer warrants that the Proposer has not been declared "not roapnnoib(a" or "disqualified" by or debarred from doing business with any federal, otate, regional or local government entity in the State of Florida, the Fodmno| Government or any other State/local governmental entity in the United States of Annar)oa, nor is there any proceeding pending pertaining to the Froposar'a responsibility or qualification to receive public agreements. The Proposer considers this warrant aastated in this Article to be a continual obligation and ohoU inform the City of any change during the term of the Contract. Job Order OnnrooUng O) for 21 KFPNo. 18'19-OO1 Horizontal and Vertical Construction Gem|000 The City shall not consider, and shall deem nn submitted bvProposers where the City has determined that the Proposer is in monetary arrears, or otherwise in debt or in default tothe City, at the time and date Proposals are due. 24. Cancellation ofPKFP The Qh/ naoen/oo the right to cancel, in whole or in pod. any F!FPvvhen It is in the baod |ntenyod of the City. This determination will be at the discretion of the City and there will be no recourse from such cancellation. 25, Job O7derC«»Mtractinq Software and License Fee The City selected The Gordian Group'o (Gordian) Job Order Contracting /JC){}\ Solution (Gordian JOC Solution TM) for their JOC program. The Gordian JOC SolutjonTm includes Gordian's proprietary software aGordion' and Bid GofeO. JCJC information management applications, and the Construction Took Cetn|og' | which aho|| be used by the Contractor to prepare and submit Job Order Proposals, subcontractor lists, and other requirements specified by the City. The Contractor shall barequired tmexecute Gprdiam'aJOC System License and Fee Agreement, and pay a one percent (11%) JOC System License Fee to obtain access to the Gordian JOC Solution. < Job Order 20 RFPNo, 184g-0O1 Horizontal and Vertical Construction Services ` SECTION 2~GENERAL TERMS AND CONDITIONS �. Definitions priceAdjustment Factor means the Contractor's competitively proposed adjustment tothe unit prices as published in the Construction Task CatalogO. 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 ofProject. Aumnnd Criteria Figure nneono the amount determined in the Award Criteria Figure Calculation section of the Schedule of Priceo, which in used for the purposes of determining the lowest proposed price, Basis of Design means opedUo manufacturer's product that is named; including the make or model number nrother designation, establishing the significant qualities related to type, function, dinnena|on, in'oan/|oe performanca, physical propertieo, appeanannm, and other characteristics for purposes ufevaluating comparable products ofother manufacturers. plFP Documents means all documentation issued to Proposers as described in Artio|e�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 nfMiami 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 K4iomi. Florida, a F|6rida municipal corporation. In all naapeoto heneunder. Citv'a performance is pursuant tothe C|tv'u capacity as Owner. |nthe event the City exercises its regulatory authority as a governmental body. the exercise of such regulatory authority and the enforcement ofany ru|em, regulations, codes, |owm and ordinances oho|| be deemed to have occurred pursuant to {}itv'a authority as o governmental body and ohmU not be attributable in any manner to the C|h/ as a party to this Contract. For the purposes of this Contract. "City" without modification shall mean the City Manager orDirector, aaapplicable, City Commission means the legislative body ofthe City ofMiami. City Manager means the duly appointed chief administrative officer of the City of Miami. Small Business Euterpr\me('^SEBE``)nneonaaconatnuotiunre(mtodanterphee'ino(ud|nOodaaign- bui|dfi[nl.ondanyfir,nproVid|ngt[adenmnd/oroerv|Ceoforthgnornp/etionof@nonmtnu{t|onp 'ect. as defined in Section 10-33.02 of the Code of Miami -Dade County. SBE is additionally referenced |nSection 1G'8Softhe City Code and inthese Contract Documents. Completed Project(s) means a p'ectforvvh|nhthnapp|ioab|enagu|otoryauthoritvhaoinauedo Temporary Certificate of (JoCupgnoy or Completion, or a Final Certificate of Occupancy or Completion. Construction Task Cata|ogO or CTC means Volume )| of the RFP Documents containing e oonnp[ahen8}veUntingnfapeoihouonstrWoUonoroonotrU(tiohre|otedtankstOgathervNthaopoc|fic unit nfmeasurement and aunit price. Construction Change Directive means awritten directive to effect changes to the Work, issued bvthe Consultant or -the Director that may affect the Job Order Amount orJob Order Completion Job Order 0C) for 23 RFPNo. 184S-0O1 Horizontal and vertical Construction Services Construction Engineering Inspection (Cmeans anIndividual nrmn organization assigned by the Director ofQC| responsible for maainbng the Citvo Project and Construction Managers in contract administration, site inmpeotiona, material unmpUnQ, and project close-out. � Construction Manager (CM) means the individual or organizationassigned bythe Director ofC)Q whose duties *|no|ude 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 []onunnanto. . Consultant means a firm that has entered into a separate agreement with the City for the provision ofdesign/engineering services for oProject; mndifapp|ioab|e.mmnnatheAnnh|toctorEngineerof Record contracted bythe City toprepare the plans and specifications for the Projects. Conau|tant may also bereferred toomArchitect orEngineer ofRecord. Contract means the Request for Proposal (FlFP) solicitation and the RFP documents that, have been executed by the Proposer 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 RFP. Contract Documents means the Contract as may be amended from time to time, RFP 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 Linder orrelating tothe Contract and Pro]aot(o). Contractor/Selected Proposer means the person, firm, or corporation with vvhprn the City.has contracted and who will be responsible forth* acceptable performance of anyVVnrk and for the payment of all legal debts pertaining to any Work issued under this Contract through the award of anRFP. Cure means the action taken by the Contractor promptly after receipt of written notice from the City of breach of the Contract Documents which shall be performed at no cost huthe City' to repo)r, rep(ace, correct, or remedy all nneteria|, equipnnent, or other e\annonte of the Work orthe Contract Documents affected by such bnaach, or to otherwise make good and eliminate such breach, including, without |imitot[on, napairing, nap|mninO or correcting any portion of the Work or the Project(s) site(s) disturbein performing such cure, Cure Period means the period of time /n which the Contractor is naqu|nad 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 toCurb. Days mean ncalendar day, unless otherwise stated herein. of a Detailed Design Documents means the construction plans and specifications that may be included as part Scope Agreement with the City. \ Detailed Scope of Work means the document and related drawings, Specifications,ond writings . referenced therein.vhkch together set forth the specific requirements and items ofWork and effort to be accomplished by the Contractor in connection with a specific Job Order. K3|nmm%mr means the Director of the Office of Capital Improvements -or the Director's authorized dasignee(m), who has the authority and responsibility for managing the Project(s) under this Contract. Job Order 24 RFPNo. 1&49'001 Horizontal and Vurfioa Construction Services ' Drawings means the graphic and pictorial portions of the Work, which serve to -show -the design.-. location and dimensions ofthe Work to be performed, including, without |imitaUon, all notes, schedules and legends onsuch Drawings. Engineer of.Record (EOR) also referred to as Consultant, means a designation reserved, usually by law for a. person or organization professionally qualified and licensed in the State of Florida, and commissioned bythe City tnconduct engineering services. Field Directive means a written approval for the Contractor to proceed with Work request ed by the City or the Consultant, which is minor in nature -and should not involve additional costi Final Completion of the Job Order rnoone the data subsequent to the dat6uf'Substantial Completion at which time the Construction Manager has completed all the Work inaccordance with the Agreementt-em certified by the Architect or Engineer of BenonJ or the Chv, and submitted all documentation requited 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 perfnnnnnonofthenpocifiedJobC}rdernnthebaoiaofm|||abnrandnnotnrio|'|nc|uo|veofoverh6ad 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 be|nvv thaGK4P in evaluating the Contractor for eubme*quent 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 on authorized representative of the Oih/ assigned to conduct necessary inspections of materials furnished by Contractor, and of the Work performed by Contractor. ` JohKJrdmrmeanathe process through which the City requests aJnb Order price proposal mnd� awards mProject hotheCnntraotor.TheJobOndar.atom>nirnurn.ino|udeathedotaUndScopeof Work for the Project, anyp|onnan6npac)f)cmtiono,theachndu|m,onynpeo|a|oontnyotVe|provieiono. the Job Order Price Pnopooa\.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 oneach specific Purchase Order, Job Order Book means thebook preparedbvthe City that contains the approved CnntnaotorPrice roved ' Proposal, Job- Order Amount, Detailed Scope of Work, Job Order Completion Time, app . Construction Schedule and Job Order Completion Time, amount nfLiquidated Oannagmo (if any) and any other documents necessary for the City to approve the Job Order and issue n Purchase Order tothe Contractor for aProject. Job OrderCompletion Time means the period of time allotted for the Contractor to achieve Final Completion of Job Order. Job Order Contract means m competitively proposed, indefinite quantity Contract for accomcJ{nNng:conatnuoUon and construction related services. Work |aaccomplished through the issuance of individual Job Orders against the Contract, Each Job Order issued under the JC}C will be a firm fixed priced order -for accomplishing specific Construction Tasks enumerated in a Detailed Scope ofWork. Joint Scope Meeting means the joint activity that takes place with the City'mProject K8anagerond the Contractor -to review the Oeby||ed Scope of Work related to a specific Job Order before it is finalized and issued tothe Contractor. Job Order Contracting 25 RFPNo. 1849-OU1 Horizontal and Vertical Construction Services � | Local Workforce Participation Requirements shall mean the requirements set forth in §.18-8B ofthe City Code that (unless determined inapplicable orexempted 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 /a.g.,County |imitn\ _ 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 bo exceeded except, due hn extraordinary and unforeseen circumstances requiring an amendment to the Job Order Amount. Generally, the City will have noliability- to -pay any sum, fee, orcost inexcess nfthe Lump Sum. ' 88mtaMm{m mean goods or equipment incorporated in o P 'oct(n). or used or consumed in the performance ofthe Work. Notice of Award means the vvhtten|e�erhothe <�ontnoob�r'noUfvingthe {�ontraotorthat they have boenovvondudtha<�ontneot. ^ Non-Prepriced Tasks mean Work tasks required to complete a Detailed Scope of Work that are not included |nthe Construction Task Cata/og' but are within the general scope and intent ofthe 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 one normally oUovvmd within the City of K8iom/ as stipulated by the most recent CityCodo |ri effect. Presently, 8:U0a.nn.-O:O0p.m..Monday through FMdayandnon-C(tvrecognized holidays. ' Notice To,Pnocwwd means a written.letter or directive issued by the Director or d*m/gnan .acknowledging 'that all conditions precedent have been met and directing that the Contra6tor may begin Work on the Pr 'eot/o\. Other Than Normal Construction Working Hours nieonu the hours where construction operations are not OorDe||y m|}ovYed within (the City of M|8nni as stipulated by the most recent City Code in effect. Presently, 6:00 PM - 8:00AyW. Monday through Fridey, and sn\t|nle Saturday, Sunday and City -recognized holidays. Physical Construction Labor means the onnovation, movement of earth, erection of forms or structures, orsimilar activity for the Project orVVork. Plans and/or Drawings means the official graphic representations of P'eot(a).Pre-Priced Task means a task included with in the Construction Task ` O I nit 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 becompleted |nPrnQen5. Proposal means the response submitted by a Proposer to this solicitation, which includes the price, authorized signature and all other information or documentation naqu|nod at by- the Contract Documents otthe time ofsubmittal. Ppopwmo| Package means set cfdocuments including at least: (1) o Price Proposal; (2) o proposed Construct/on Schedule;(3) a Uof ofpropooad Subcontractors indicating; (4) okmtohos, drawings, or layouts; and any other products of the Incidental Scope Development 8erv|oae and /5\ required Submittals, including but not limited to, technical data or information on proposed materials or equipment. ' . Proposer means any individue/, finn, incorporated, or unincorporated business entity. or corporation tendering o Subnnitta|, acting directly or through a duly authorized representative. /\ Proposer once selected and awarded work under this RFP would become a Contractor. Job Order Contracting (JDO)for %O RFPNo. 18'19'OO1 Horizontal and Vertical Construction Services Project or Work as -used herein refers to all reasonably necessary and inferable construction and services noqu)nad by the Contract Documents whether completed or porUo|h oomp|ebad, and includes all other |obnr, nnatehe|o, 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 orapart ofthe P 'aot(s). Project Manager means the City employee assigned bythe Director of[)C!hnmanage project(s) that may inc(udm, but is not limited to, coordination of design, pnocunannant, and construction activities; assigning management tasks to EOR, CM, or CEI (hereby known as designee), establish lines of communication and reaponoibU!ties to ensure that the project is completed in o timely OnonOar. Request for Information /RFDmeans mrequest from the Proposer seeking an interpretation or clarification relative to the Contract Documents. The RF|.which shall boclearly Marked RF|.nh�| n|eadyand concisely set 8o�hthe |aauo/o\or|hnmkAnaquihngo|ar0ootionor|nterpretoUnna�dwhy the response is needed. The RP| must set forth the Propunor'o interpretation or Understanding of the document(s) in question, along with the reason for such understanding.. Risk Administrator means the Qb/'o Risk Management Director who is also known as the Risk Adm)n|atrator, or dasignee, or the individual named by the City Manager to administer matters relating toinsurance and risk ofloss for the City, Request for Price Proposal (FCFPP) means the document issued by the C}ih/, 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 aomay bndesignated aasuch byCity'oProject W1anager. 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 RFP documents and any modifications or supplement thereto. The Specifications are numbered and organized in the Construction Specification |naUtute'o (C8\) master format and are filed per [;S| guidelines. Subcontractor means a penoon, firm or corporoUon, other than employees of the Contmaot/r, having m direct contract with Contractor including one who furnishes material worked to m special design according tnthe Contract Oocunnentm, but does not include one who merely furnishes Materials not soworked, Submittal nneona documents prepared and submitted by the Proposer to pre -qualify under this solicitation. Substantial Completion means that point at vvh/oh 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 ahmU not ba theoo|e determining factor in determining whether Substantial Completion has been mohievad, unless o temporary certificate ofoccupancy has been issued. Superintendent means the representative of the'Contnaotor at the construction site, who io authohzedtVreceive instructions hnmthe Qty.and vvhoisouthohzedtndirect the pe�ornnonoeof Work on the behalf nfthe Contractor. Supplemental Job Order means a Job Order issued to add, delete, or modify the Detailed Scope nfVVork'JobOndarAmountorJobOrdmrCump|etionTknmne/otedtoonex|mtingJob{)ndec Technical Specifications means the written noquinannontn for nmotario|o, equipment, systems, standards, and workmanship for the Work, and performance of related services. Job Order 27 RFPNo. 1&49-OU1 Unit Price means the price published in the Construction Task CatalogO for mspecific construction or construction related bmah. 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 bythe Contract Documents, including all labor necessary toproduce such construction and all materials, uupp||es.and equipment incorporated or tobeincorporated insuch construction. 2. Time is of the Essence CuntrootorvviUpromptly perform itadutieoundartheContnantondwiUgive theVVnrkaomuch priority as is neumaaoryto cause the Work to be completed on a timely basis in accordance with the Contract Doou[nanta. All Work shall be performed otdoHy (not substantially) Within ��he timeUno/tebononeoeooarytomointointhaoriUca/path and all deadlines established inthe Contract, Documents. ' All dates and periods of time set forth in the Contract Documents, including tho�e for the commencement, prosecution, interim milestones, milestones, and completion of the Work, and for the delivery and installation ofmaterials and equipment, were|ndudodbecauaaofthe/r|rnportonoe to the City. Contractor acknowledges and nmooOn(zem that the City is entitled to fu!|and beneficial unoupenoyenduaaofthecomp|ntedVYorkfoUovvipgenp/raUVnoftheJobOrdorComp(etionTinne. 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 orcontract with the Contractor shall include but are not limited to material persons, 8uboontrootoro, suppliers, and laborers. The Contractor acknowledges that the City is purchasing the right to have the Contractor continuously vvn,k/ny at the Project(s) site(s) for the full duration of the Project(s) to ensure the timely completion ofthe Work. 3 Contract Term The term of this Contract shall be for two (2) years commencing upon execution of the Contract by the City. The City, by written 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 0|nootor, and subject to the availability and appropriation of funds. The tots/ tnnn, with both extens|ono, would be for five (5) years. The Contract shall terminate upon notice by the City that the Contract has been closed -out after Final Completion of all Projects awarded under the Contract or otherwise terminated by the City pursuant to the terms and conditions herein set forth. 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 orwithin three /3\daym of mailing, if mailed through the United Gtotao Postal Service. Notice shall be deemed given on the date sent via e-mail or facsimile. Notice ohoU be deemed given via nourie�delivery mnn/iuo upon the initial delivery date by the nourio�do|ivery service. For the pneeent, the parties designate the following anthe respective places for giving ofnotice: Job Order 28 RFPNo. 1840-0O1 Horizontal and Vertical Construction Services For City mfMiami: Emilio T.GPh.D. City Manager Office ofthe City Manager City of Miami 4448VV2»«Avenue, 1OmFloor Miami, Florida 33130-101O Enna||:ETGonza|ez(cD-miamiqov.00m Phone:3U5-41O4O25 Annie Perez, CpPO Director Department ofProcurement City of Miami 444SVV2m'Avenue, 0m Floor Miami, Florida O3130481U Ennai|:AnnkyPenez(d)miomionv.cnm Phone:3O5~41U'191O Victoria M6nde Cit~ Attorney~ Office of the City Attorney City of Miami 444GVV31Avenue, SmFloor Miami, Florida 8O13O-1Q1O Email: Victoria yWendez(a-)miomigov.00m Phona:805-418-1832 With Copies to - Steven C.WiUianmsom Director Office ofCapital Improvements City of Miami 444 8VV2»^Avenue, 81h Floor Miami, Florida 38130-1910 Email: 8VViUiamuon(cDrnjam|qnY.nonn Phone: 305-416-1225 For Contractor: Luis Garcia President LEGC)Construction Co. 1011Sunny Brook Road Suite 905 Miami, Florida 33130 /Oorc)a(&/eOunc.onrn (305)381-8421 During the Work, the Contractor shall maintain continuing communications with Consultant 0fany\ and the Project Manager. The Contractor shall keep the C|h/ fully informed as to the progress o' the P ject(s) at ail times through ongoing communications with the ProjectK8onager. Job Order 28 RFPNo, 1848-0U1 Horizontal and Vertical Construction Services i 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. 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 RFP shall govern over the RFP. 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 Job Order Contracting (JOC) for 30 RFP No. 18-19-001 Horizontal and Vertical Construction Services no way limit the responsibilityto indemnify, kaoo and nave harmless and defend the City or its officers, employees, agents and instrumentalities asherein provided. The indemnification provided above shall obligate Contractor to defend, at its own expense, to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor, This Indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the |ovvo of the State of Florida, including without limitation and interpretation, which conforms tothe limitations of§725.O6and/or §725.O8. Florida Statutes aaapplicable. This Indemnity is divisible and each sentence stands separately and apart. If sentences are invalidated, they shall be severed, the remainder shall be saved and will continue in operative force and effect. CnntnaotorshoUrequinaoUSubcuntnaotoraQramnlentmtoindudeeprovinionthattheyvvi|||ndemonifu. hold harmless, and defend the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any n|ainoa which may result from any actions or omissions of the Contractor in which the Qh/ participated either through review or concurrence of the Contractors 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 |ndemniOce1ion, hold harmless and duty to defend the receipt and sufficiency ofwhich iaacknowledged bythe 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 VVV[k to be performed Under this Contract has been uornp|oled 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 "VVorkere'Compensation Law" ofthe State nfFlorida and all applicable federal laws. In addition, the po|iuyUmm\ must include: 0 Waiver ofSubrogation w Statutory State ofFlorida � Limits of Liability 7.2 Employers' Liability with a fimit of One Million Dollars ($1,000,000) Dollars each bodily injury caused by an anuident, each accident. One 8MDUwn Dollars ($1,008.000) OoUono each bodily injury caused by disease, each onnp\oyaa. One Million Dollars ($1'000.000) Dollars each bodily injury caused by disease, policy limit. 7.3 Commercial General Liability (Primary and Non~Contributony)(CG 201011/85) (CGL)with minimum limits of One 88O|lwn Dollars ($1.000,000) per occurrence combined singleUmit for Bodily Injury Liability and Property Damage Liability, with a general aggregate limit of Two Million Dollars ($2'000/00[). 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, Job Order Contracting 31 RFPNo. 1&49-001 Horizontal and Vertical Construction Services � | without restrictive endorsements, aafiled by the Insurance Services Office, and must include: " Products and/orCo for contracts with onAggregate Limit of One Million Dol|mrs($1,0O0.800) per project. Contractor shall maintain in force until at least three years after completion of all Work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. ° Personal and Advertising Injury with an aggregate ||nn}t of One K0UQon 0ollars($1.000,O00). CGLRequired Endorsements x Employees included ominsured x Contingent Liability/independent Contractors Coverage x Contractual Liability x Wavier nfSubrogation x Premises and/or Operations Liability x Explosion, Collapse and Underground Hazard x Loading and Unloading x Mobile Equipment (Contractor's Equipment) whether owned, leased, borrowed orrented byContractor oremployees nfthe Contractor City is toboexpressly included aaanAdditional Insured pursuant endorsement number CG201011/O5orits equivalence. 7/4 Business Automobile Liability with minimum limits of One K8O|7on C)o||mms ($1,000j000) 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 ofthe Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Auto/All Owned Auto sXSuheduied; " Hired, Borrowed, and Non -Owned Vehicles; w Employers' Non -Ownership; • Employees included as insured; • City ofMiami amAdditional Insured. 7.� Umbrella Policy (Excess Pp||wwim0 Pornn/Truw'Excess Fw|7ovvio0 Form/True Umbrella) * Bodily injury and property damage liability with limits of Three K80l|mn Dollars ($3'000'000) each occurrence and an aggregate limit of Three Million Dollars ($3.0D0.0O0)' Excess follow form over all applicable Uahi|Uv p0|k:|as oVrd3|ned herein. City of Miami ialisted aoaDadditional insured. 7.6 Builder's Risk (if appU'abUe\ Causes of loss: All Risk -Specific Coverage Project Location. Job Order 82 RFPNo. 1849-0O1 Horizontal and Votoo Construction Services Valuation: Replacement Cost Deductible: $2,500, All other Perils 5% maximum on Wind, City of Miami included as an Additional Insured. As provided by Carrier: • Materials, supplies, and similar property owned by others for which you are responsible • Full coverage up to policy limits for equipment breakdown • Temporary storage/transit coverage • Full coverage up to policy limits for site preparation, re -excavation, re - preparation and re -grade in the event of a loss ■ Fences, scaffolding, construction forms coverage and signs • Valuable papers coverage for blueprints, site plans, and similar documents. • . Trees, shrubs, sod, plants while at premises • Earthquake • New ordinance or law; reimbursement for any resulting loss of value to the undamaged portion, and required demolition expenses, including construction necessary to repair, rebuild or re -construct damaged parts ■ Temporary structures, cribbing and false work built or erected at construction site • Unintentional errors and omissions in reporting clause • Full coverage up to policy limits for testing including physical loss caused by pneumatic and hydrostatic testing • Debris Removal • Applicability shall be determined (solely by the City) on a Project -by -Project basis and communicated to the Contractor in the RFPP. The Contractor shall provide insurance 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 Flood Program. Applicability shall be determined (solely by the City) on a Project -by -Project basis and communicated to the Contractor in the RFPP. The Contractor shall provide insurance certificates evidencing required coverage's in a timely manner. 7.9 Pollution Liability Insurance (If applicable) Job Order Contracting (JOC) for 33 RFP No. 18-19-001 Horizontal and Vertical Construction Services When the Work b»beperformed for aProject includeambotemant.enuepnulaUon.or other activities involving hazardous motahn|a, certificates of insurance evidencing appropriate coverages U.e., Pollution Liability Insurance) with coverage amounts, endonaennento, additional named inouredw, etc., deemed satisfactory' (in the sole judgment of the City), The appropriately qualified and licensed Subcontractor may provide the insurance coverage. Applicability shall be determined (solely by the City) onoProject-by`P 'mctbasioondoomnnun|uatedhutheCuntraotor/nthaF{FPP.Th* 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 mmdfpr 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 Imsu�mnce/m\ will be at the Contractor's expense. However, all such oumto 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 tminclude the applicable line items from the Construction Task Catalog' in their Price Proposal, supported by documented reue[pts, to receive dml|wr-for~dp|larreimbursement (no markup). The above policies mhoU provide the'Citvof K8ienni 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 |n|bm| insurance expires prior to the completion of the Work, r,nevv�\ nop\eo of po\}oieo shallbnfurniohedat|eantthidx/3O\doyspriortothedatoofthe|rexpinot|on. Notice ofCancellation and/or Restriction --The po|}oy()en) must beendorsed 10 provide City with at least thirty (30) days' notice ofcancellation and/or restriction. Contractor shall furnish tmthe Office mfCapital Improvements the Certificates. mfInsurance or endorsements evidencing the insurance coverage for Worker's Compensation, EnmplmVems' Liability, Commercial General Liab|Yity, Business Automobile Llmbi|itV, and the Umbrella PolynV above within fifteen (15) calendar days after notification of mvvmrd of the � Contract. The required Certificates ofInsurance shall name the h/poo of policies provided, refer specifically to this Contnact, and state that such insurance is on required by this Contract. The mfOoim| title of the Owner in the City of Miami, Florida. This off|oie| title nMa|| be used in all insurance documentation. The City of Miami ohmU be listed as on additional insured vvheno Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above tothe Contractor. The company must berated noless than "A- aubJmanagement, and noless than "Class Vpmato Financial Etnangth, by the latest edition Of Bests Insurance Guide, published by A.M. Best Company, (]/dvyick. New Jersey, or its equivalent. All pn|io(em and /orcertificates ofinsurance are subject to review and verification by Risk Administrator prior to insurance approval. The Risk Administrator or authorized designee reserves the right to ngqu|no nnod|fiootiona, inunaeoeo, 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 othmmWoo stated). 8. Performance and Pav00ent Bond Job Order Contracting 34 RFPNo. 18'18-0O1 Horizontal and Vertical Construction Services � � 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. 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 Proposal submission. 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, and/or Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000) each, 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. Job Order Contracting (JOC) for 35 RFP No. 18-19-001 Horizontal and Vertical Construction Services The Surety shall hold o current certificate of authority aoacceptable Surety onfederal bonds in accordance with United States Department of Treasury Circular 570. Current Revisions, If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the exoaeo risks must be protected by uo!nouronua, na/nsunonoe, orother methods in accordance with Treasury Circular 207. revised September 1' 1978 /31 DFFlSection 223.10. Section 228.111>. Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk has been protected lnanacceptable manner. 10' Gmoeom7 Requirements The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not anemployen(s)orngent(e)ofthe City orany ofits departments. The Contractor agrees that the Contractor will at all times emp|Vy, nnaintain, and assign to the performance of Project a sufficient number ofcompetent and qualified professionals and other personnel tomeet the requirements ofthe Work tobaperformed. The Contractor agrees toadjust staffing levels ortoreplace any staff ifaorequested bythe Project Manager, should the Project Manager make a determination that said staffing Is unacceptable or that any individual is not performing /n a manner consistent with the requirements for such a position. The Contractor represents that its staff have the proper ak!Um, tns|ning, beokoround, knnvv|edQe, experience, rights, outhorizaUnno, integrity, character, and licenses as necessary to perform the Work, |nacompetent and professional manner. The Contractor shall provide temporary facilities and controls necessary to perform the Work and toensure safe and proper access and use ofthaeitebythe Project Manager and the Consultant. The Contractor shall at all times cooperate with the City and the Conau|bant, and coordinate its respective Work efforts to most effectively and efficiently progress the performance of the Work. The Qh/. the Consultant and other agencies authorized by the Qty, ahmU have full access buthe Project(s) site(s) etall times, The Contractor nhoU be responsible for the good condition of the Work or materials until formal release from his obligations under the terms ofthe 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 Ummn conduct the Work in such manner and In such sequence as will ensure the least practicable local Interference. Contractor shall not open upWork to the prejudice ofWork already started, and the Project PWonagernnayraquire\hoContnaotnrtofininhanecbonon 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 nfthe best quality are tobmused inthe performance ofthe Work. 11. Method of Perfornninq the Work If the Project Manager reasonably determines the rate of progress ofthe Work is not such as to ensure its oonnp\eUnn within the designated completion time, or if, in the opinion of the Project Manager, the Contractor is not proceeding with the Work diligently or anpediUouo\y. or is not 00 RFPNo 1818OO1 JohDndnrContro�|ngUOC)hnr � ' ' 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 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 excavation of Job Order Contracting (JOC) for 37 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 toCheck 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 P Manager onogar and the Consultant of all errors' omios)ona, and discrepancies found therein within three (3)calendar days ofdiscovery. Contractor will not beallowed totake 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 ennr, omianion` or discrepancy and knowingly failed toreport (ttoProject K4anoger. 15. Contractor's Responsibility for Da0Oaqes 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 C|h/, and to the ontinfooUwn of the Project K8enagar, any Work, motehe|n, 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 app||oob|o section. Fences ' Any fence, or part thereof, that indamaged or removed during the course ofthe 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, vva|)s, ohnubbery, grass ntripn, or area must be removed or destroyed incident to the construction operation, the Contractor ahoU, after completion of the vvork, replace or restore to the original condition all such destroyed or damaged landscaping and improvements. 16' Accidents The Contractor nhoU'providm such equipment and facilities as are necessary orrequired, in the case of accidents, for first aid service boperson who may beinjured during the Project(s) duration. The Contractor ahoU 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 odd|UVn. the Contractor 0UsL report |nn0edieto|y to the Project yWa,nager every accident to p8[aOna ordamage tn prnpodv. and shall furnish in vv[0ng full infoFnosdion, including testimony of witnesses regarding any and all accidents. ! . 17_ Safety Precautions Contractor shall be solely responsible for initiating. maintaining, and supervising all safety | pnaomubono and programs in connection with the YVnrh. Contractor shall hahm all necessary � precautions for the safety of, and shall provide the necessary protection toprevent damage, injury, ! Vrloss to: 0 All employees on the Project(s) site(s) and other persons who may be affected thereby; Job Order for �30 RFP No. 1849-001 Horizontal and Vertical Construction Services • All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project(s) site(s); and ■ Other property at the Project(s) Site(s) or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. Contractor shall designate a responsible member of its organization at the Project(s) site(s) whose duty shall be the prevention of accidents. This person shall be Contractor's Superintendent unless otherwise designated in writing by Contractor to Project Manager. Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury, or loss to any property caused directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Project Manager has issued the Contractor a notice of Final Acceptance. Contractor must adhere to the applicable environmental protection guidelines for the duration of a Project. If hazardous waste materials are used, detected, or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades; steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed 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 because of a Project, must be accompanied by a Material Safety Data Sheet (IVISDS), 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: » The potential for fire, explosion, corrosion, and reaction; Job Order Contracting (JOC) for 39 RFP No. 18-19-001 Horizontal and Vertical Construction Services » The known acute and chronic health effects of risks from exponum, including the medical conditions which are generally recognized as being aggravated by exposure to the substance; x The primary routes ofentry and symptoms nfoverexposure. • 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 |ncase ofoverexposure, ° The emergency procedure for spills, fire, disposal, and first aid; ° A description In Jay terms of the known specific potential health risks posed. by the substance intended toalert 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 M6tedalls Unless otherwise provided |nthe Detailed Scope ofWork, Contractor shall provide and pay for all materials, labor, water, tno|a, aquipmeDt, nVpp|iea, 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 \Dthe Work. Contractor shall at all times enforce strict discipline and good order among its employees and Subcontractors otthe Pr 'eot(a)oita(n)ondshaUnntemp|oyonthePr 'oot(m)mnyunfitpereonor anyone not skilled |nthe Work tnwhich they are assigned. 20. RW|es, Re-qW|ations, Laws, and Licenses The Contractor shall comply with all laws, rules, regulations, permits, licenses, standards, manuals, epecifioo0onn, public agency consents and approvals relative to the provision of services . equ|pmment, supplies and/or materials specified in the Contract Donumentm, 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 e Consultant who ohe|| oan/e as the Citv'a 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 }ood point ofcontact, the Consultant or the Project Manager. Where e 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. Onthe basis ofthe 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 toensure faithful performance byboth the Project PNanagerdndthoControotorondvvU|notnhovv partiality toeither. The Project yWonogervviUoea|sttheConau|tontinnonductinginspaotionetodeterm|nathedoteor dates of Substantial Completion and Final Acceptance and will receive and review written warranties and related documents required by the Contract and the Contract Documents. The Consultant will be responsible for receiving all documentation for review and acceptance. Upon Job Order Contracting (JOC)for 40 RFPNo. 18'1O'0Oi Horizontal and Vertical Construction Services ! � ! ' i acceptance, Such documentation will be forwarded to the Project Manager. The Project Manager in conjunction with the Consultant will approve Schedules of Values, Construction 8ohedulen, Subcontractors, and invoices. The City may contract for additional consultant oen/ines, including but not limited to construction examination and observation aervioen. Such services are intended tobeadditional services and are not intended to and shall not be construed to supplant or alter the role and responsibilities of the Consultant. ' In ooae of the termination of employment of the Consultant, the City may, at its sole diooraUon, appoint another Conou|tmnt', vvhnae status under the Contract shall be as that of the terminated Consultant.. 22' F»rCimc%yNamacienment VVhara o Contractor is awarded VVnrk. the Contractor shall be responsible for all Project menagament, including any and all subcontracts necessary to ensure that the Work is performed in accordance with the Contract Documents. Project Management nhsU |nn\ude, but ionot limited to: obtaining bids from Subcontractors and suppliers; coordinating the securing of all permits; obtaining licenses and inspections; ensuring that Subcontractors comply with all City requirements; performing the Work in accordance with the Contract Documents to the satisfactionof the Project Manager; paying all Subcontractors; obtaining release of liens/claims fees; and obtaining temporary and final Certificates ofOccupancy nrCompletion. 23. Superintendence and Supervision The orders of the City are given through Consultant or City of Miami Project Manager, vvh|oh instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project(s) during Its pnograao, efu||'bme competent English speaking Superintendent and any neoauaorY asmiatantn, all satisfactory to the C|h/ of yW/am| Project Manager. The Superintendent shall not be replaced except with the written consent of the City of Miami ProjectK8ahoger.un/eao the Superintendent proves to be unsatisfactory to Contractor and ceases to be in Contractor's employment. The Superintendent ohoU 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 City of Miami Project Manager upon the written request ofContractor. Contractor shall give efficient supervision to the Work, using Contractors best skills and attention. The City of K8ionni 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. {}nP ject(s) in excess of thirty (30) calendar days, the Contractor's Superintendent shall record, at m|n|nnurD, the hn||ovving information in o 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, |obor, pe,annne|, equipment and Subcontractors at the Project(s) aite(o)| 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 oheU be kept on the Project(s) site(s) and shall be available ntall times for inspection and copying bvthe City ofMiami Project [WonngerandCmnmu|tonL The City nfMiami Project Manager, Contractor, and Consultant shall meet at least every two /2\ weeks oraaotherwise determined bythe City ofMiami Project Maneger.duringthanouneaoftha Work to review and agree upon the Work performed and outstanding issues. The Contractor shall publish, keep, and distribute minutes and any comments thereto of each such meeting. . If Contractor, inthe course ofperforming the Work, fin dnany discrepancy between the (�ontnant Documents and the physical cnnditionoofthe |ooa\)b/, orony errorm, nmima|ona. or discrepancies Job Order Contracting (JOC)for 41 RFPNo. 18'iB'0D1 Horizontal and Vertical Construction Services / / i � in the Plans, it shall be the Contractor's duty to immediately inform the City of Miami Project Manager and Consultant, in writing, and City of Miami 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 (City of Miami) 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. The Project Manager and Consultant will not be responsible for the acts or omissions of the Contractor, any Subcontractor, or any of their agentsor employees, or any other persons performing any of the Work. Job Order Contracting (JOC) for 42 RFP No. 18-19-001 Horizontal and Vertical Construction Services �5. 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 orProject K8onager'o|nstruntiona.ony(avYo. 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 ProjectK8onmger. it muet, if required by the Project Mona0or, be uncovered for examination and properly restored at Contractor's expense. Unless otherwise provided, the Contractor shall make arrangements for such tooto, inopeut|ono, 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 nrConsultant may bepresent 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 Supplemental Job Order. |fsuch 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 nonotruot|on, whether completed or partially oomp|eted, ofthe' 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 Dooumento, or to delay the Work by failure to inspect the materials and Work with reasonable promptnano, without the written permission or instruction of the Project Manager or Consultant. The payment ofany nompensetion, whatever may be its character. or,form. or the giving of any gratuity or the granting of any favor by the Contractor to any |napeotor, directly or indinantk/, in strictly prohibited, and any such act on the port of the Contractor will constitute o 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 esoamn them. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 27. Separate Contracts Prior tmthe commencement nythe Work, the Project Manager or the Consultant will notify the Contractor of all ongoing projects or projects scheduled to onnnnnenne during the Work that may require coordination. The Contractor shall be responsible for coordinating the Work with any other project tominimize any potential adverse impact. Contractor shall not buentitled tnany days uf delay for failure to properly coordinate the Work. The Consultant and the Project Managerwill assist the Contractor in coordinating the Work; however, the sole responsibility for coordination rests with the Contractor. Job Order Contracting 43 RFPNo. 1U4S-0O1 Horizontal and Vertical Construction Services 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 Protect 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 referred to the Director for Job Order Contracting (JQC) for 44 RFP No. 18-19-001 Horizontal and Vertical Construction Services determination. Should the Director determine that the conditions 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 /nwriting, stating the reaaono, 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 oUovvad 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 mode after the date certified by Consultant or Project Manager amthe date ofsubstantial completion. 31. Exlstinq0tilit\ms Known utilities and structures adjacent to or encountered in the Work will be shown on the Drawings provided for oProject. The|ocotinnsahnvvnore taken from existing records and the best information available from existing plans and ut|Uh/ investigations; howevar, it is expected that there may be some discrepancies, vorimtionn, 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 orJob 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 ufFlorida, Ino',''who shall becontacted ominimum � 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 roUway, ta|ephona, fiber optio, television, electrical power, oU, gon, vvoter, novvor, or irrigation systems, the Contractor shall make all arrangements necessary for the protection of these utilities and services or any other known utilities, NoUfvall ub|dxcompanies that are ofhectedbythe oonobuutionope�d\pnatleast fodx+a)ght(48) hour' 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 nhm|| be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, |ooa, innonvenienom, da|ay, auito, aoUona, or claims of any character brought because of any injuries or dannage, which may result from the construction operations under the Contract Documents. Neither the City nor its officers or agents ehoU be reopono|b|o to the Contractor for damages as e result of the Contractor's failure to protect utilities encountered in the Work. In the event of interruption to domestic water, oovver, storm dny(n, or other utility eon/inaa because of accidental breakage due to construction operotiono, 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 ofthe vvotar ut|||tv, cut the oen/ioe, dig through, and restore the service with similar and equal materials at the Contractor's expense and as approved by the Project Manager. Job Order Contracting (JOC)for 45 RFPNo. 18'1S'OO1 Horizontal and Ver{uo|Construction Services i | / 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 Contractor's use of the Project(s) Site(s) and such limitations will be identified by the Project Manager. In addition to such limitations, the Project Manager may make storage available to the Contractor, at his sole discretion, based on availability of space. The Contractor shall also coordinate and schedule deliveries so as to minimize disruptions to City day- to-day operations. The Contractor shall limit its use of the Project(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. 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 Job Order Contracting (JOC) for 46 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 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. Job Order Contracting (JOC) for 47 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 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 Job Order Contracting (JOC) for 48 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 ■ 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 Job Order Contracting (JOC) for 49 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 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 all submittals by the Project Manager 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. After the approval of the list of items required in above, Contractor shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Job Order Contracting (JOC) for 50 RFP No. 18-19-001 Horizontal and Vertical Construction Services Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show its approval thereon. Some Shop Drawings, as denoted either in the Contract Documents or by the Florida Building Code (Code) or Florida Statute such as structural drawings, require that a licensed engineer prepare them. 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, 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 Job Order Contracting (JOC) for 51 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 tomodify 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. The Project Manager shall, after review of the drawings, initial and mark the drawings in one of the following manners: Job Order Contracting (JOC) for 52 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 substitute. No substitute shall be ordered, installed or utilized without the City's and the Consultants prior written acceptance which shall be evidenced by either a Supplemental Job Order or an Job Order Contracting (JOC) for 53 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 performedby 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 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 Job Order Contracting (JOC) for 54 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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. 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 Job Order Contracting (JOC) for 55 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 RFP Documents and receipt of the Notice to Proceed with the Extra Work. Upon receipt of the Notice to Proceed, the Contractor is required to start the Extra Work immediately. 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 RFP 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 enforceable unless it is in writing and signed by the parties charged, therewith.or their duly authorized representative. • Job Order Contracting (JOC) for 56 : RFP No. 18-19-001 Horizontal and Vertical Construction Services 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, 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; • All underground piping and ductwork with elevations and dimensions and locations of valves, pull boxes, etc. Job Order Contracting (JOC) for 57 RFP No. 18-19-001 Horizontal and Vertical Construction Services • 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 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 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 that 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. Job Order Contracting (JOC) for 58 RFP No, 18-19-001 Horizontal and Vertical Construction Services | ' 62. Removal ofUnsatsfactmry Personnel The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contnaotnr, orany orSubcontractor 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 [|ih/ shall moha the final determination metothe 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 nnotedm\ 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 tocomplete 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 requestfor Substantial Completion inspection is to be submitted until the Contractor has obtained a Certificate(s) of Occupancy, Certificate ofCompletion or Completion or oTennporury Certificate nfOccupancy orany 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 neneanery. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The Punch List shall besigned bythe Project yNonager'andtheCnntnactor:onfirmingthatthePunch List contains the item(s) necessary to complete the Work. The failure or refusal of the Contractor to sign the ProjectSubstantial Completion Inspection Form or Punch List shall not relieve the Contractor from complying with the findings of the Project, Gubobard(u\ Completion Inspection and completing the Project tothe satisfaction ofthe City Where the Punch List iolimited tominor omissions and defects, the Project KAanegeraha|\indioate 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 PndeotyWanagerohaUprovide alist ofaUopen ibannonecessary hoachieve Substantial (�onnp|ebon. Upon completion ofsuch Work, the Contractor shall request another Substantial Completion inspection. The Project ManagerandtheCnntnaotorohaUogneaunthetimenaanonab|yrequiredtnoomp|oto all remaining Work included in the Punch List. Upon the receipt of all douumentation, resolution of any outstanding iaoumo and issuance of final payment, the Project K8anagereho|)nnt/fvtheContnaotorinvvr|t|ngofthec|uaeoutofthePnojent. The City will prepare m Certificate of Substantial Completion in the forrn, vvh|oh nho|| establish the Date of Substantial Completion. Once substantial oonnp|aUon is achieved, the City shall be responsible for security, maintenmnoo, heat, uti|itiom, damage to the Project site, and insurance, and oho|| list all Work yet to be oonnp/ehad 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 Job Order 59 RFPNo. Y&48'0M Acceptance completion of the Work or designated portion thereof unless otherwise provided in the Contract Documents. 64. Acceptance and Final Payment Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Project Manager 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 Adjustment Factors. For further information on compliance, requirements for NPDES and SWPPP contact the City of Miami Public Works Department at (305) 416-1200 or visit the State of Florida website at http://www.dep.state.fl.us/water/stormwater/npdes/. Contractor is responsible for obtaining, completing, and paying for any required NPDES application or permits that may be required. 66. Force Majeure Should any failure to perform on the part of Contractor be due to a condition of force majeure as that term is interpreted under Florida law, then the City may allow an extension of 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. Job Order Contracting (JOC) for 60 RFP No, 18-19-001 Horizontal and Vertical Construction Services 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 that 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 Job Order Contracting (JOC) for 61 RFP No. 18-19-001 Horizontal and Vertical Construction Services City's rights under the Contract, including but not limited to the assessment of liquidated damages or declaring Contractor in default. 68. Notification of Claim Any claim for a change in the 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 because 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 Job Order Contracting (JOC) for 62 RFP No. 18-19-001 Horizontal and Vertical Construction Services manner. Contractor shall not receive monetary compensation for City delay. Time extensions may be authorized, in writing, by the City in certain situations. 71. Excusable Delay, Non-Compensable Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its Subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its Subcontractors, suppliers or vendors and by the City or Consultant. Then Contractor shall be entitled only to a 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 that 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 that 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 amount is Job Order Contracting (JOC) for 63 RFP No. 18-19-001 Horizontal and Vertical Construction Services determined after final payment, any difference in the amount shall be paid to the -City by the 75. Uncoverinq Finished Work The Project yWonoAer'o.|nooentur'm.and/or Consultant's righttomake/nopentionoohoUindudethm 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, 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 ofJob Order Completion Time. Should the Work examined prove unsatisfactory, such uncovering, taking down, replacing and restoration shall bantthe expense nfthe Contractor. Such expenses shall also include repayment tothe City for any and all expenses or costs incurred by /t, including employee oo|oriwo or related ouet. in connection with such uncovering, taking down, replacing, and restoration at the Pndeot/n\S|te/a\. 76. Correction of Work The Contractor shall promptly correct all Work rejectedbythe Project K8onagarorConmu|tenton defective or as failing to conform to the Contract Dooumento, 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 VVorh' including the cost of the Citv'a additional oen/ioeo 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, on determined by the Project yNmnegmr or Connultant, 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 coede. including reasonable attorneys' feem, nmoeoamrUy 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 \\canoaoo. the City may undertake. at the Contractor's expense, without prior not)ca, 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 offinal completion ofthe Project orvvith\nouch|ongmrperiod/o\ oftime anmay 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 ofthe condition. All such defective or non -conforming Work shall be removed from the site if necessary and the Work oho\| be corrected to comply with the Contract Documents without cost tnthe City. 77. Maintenance of Traffic and Public Streets Scope nfWork 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 inthe Contractor's Price Proposal applicable toeach Job Order. Job Order Contracting 64 RFP No. 1849-001 Regulations As used herein, any reference to Miami -Dade County, its departments, or its published regulations, permits and data, shall be synonymous and interchangeable with other recognized governing bodies over particular areas or streets, or their departments, published regulations (Le., 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 arrange for the employment of uniformed off -duty police officers to maintain and regulate the flow of traffic through the work area. The number of men required and the number of hours on duty necessary for the maintenance and regulation of traffic flow shall be provided by the City of Miami Police Department. ■ The Contractor shall provide all barricades with warning lights, necessary arrow boards, and signs, to warn motorists of the Work throughout the Project. Adequate approved devices shall be erected and maintained by the Contractor to detour traffic. • Excavated or other material stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. The Contractor shall provide necessary access to all adjacent property during construction. The Contractor shall be responsible for the provision, installation, and maintenance of all MOT and safety devices, in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and FDOT Roadway and Bridge Standards index drawing book. In addition, the Contractor shall be responsible for providing the Consultant or Project Manager with MOT plans for lane closures and/or detours for approval. These plans (sketches) shall be produced, signed and sealed by a professional Engineer registered in the State of Florida, employed by the Contractor and certified under FDOT Procedure NPIL No. 625-010-010. • Where excavations are to be made in the vicinity of signalized intersections, attention is directed to the fact that vehicle loop detectors may have been embedded in the pavement. Verify these locations by inspecting the site of the Work and by contacting the Sunshine State One -Call Center (1-800-432-4770), 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. Job Order Contracting (JOC) for 65 RFP No. 18-19-001 Horizontal and Vertical Construction Services ■ Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be routed over swale or median areas. When the temporary pavement for routing traffic is no longer necessary, it shall be removed and the swale or median areas restored to their previous condition. ■ Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. Maintenance of Traffic for Bypass Pumping • The Contractor shall take appropriate steps to ensure that all temporary pumps, piping and hoses are protected from vehicular traffic and pedestrian traffic. Lane Closures • Where construction of the Project shall involve lane closures public streets, the following shall apply: • 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 loss of time or delay. All overhead, surface, or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 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 Job Order Contracting (JOC) for 66 RFP No. 18-19-001 Horizontal and Vertical Construction Services ninety (90) days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, and for any further period to which the parties may agree. Any such order shall be specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed the City shall either: ■ Cancel the Stop Work Order; or ■ Terminate the Job Order or Contract covered by such order as provided in Article 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 tirne specified by Project Manager on the Certificate of Substantial Completion, as Job Order Contracting (JOC) for 67 RFP No, 18-19-001 Horizontal and Vertical Construction Services specified |nthe Punch List and request final inspection and final acceptance ofthe portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Project Manager shall issue Certificate ofFinal Payment relative bothe 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 Vrcompanies tosuch occupancy or use shall not be unreasonably 82' CUeeninq_ Up; Citv's Riqht 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 name|n on site for more than twenty-four /24> hours. At the oonnp/aUun of the P 'oct(o)' Contractor shall remove all its waste materials and rubbish from and about the Project(s) as well as its too\a, construction equipmant, machinery and surplus materials. If Contractor fails to n|amn up during the prosecution of the Work or at the completion ofthe Work, City may do so and the cost thereof shall be charged to Contractor. If 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) otthe end of each day. Cleaning operations should be controlled to limit dust and other particles adhering toexisting ourfecea. 83. ReMnova! of Equipment In case of termination of this Contract before completion for any cause whatsoever, Contractor, if notified to do so by {}ih/, ahmU promptly remove any part orall nfContractor'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, Wythho|d;Mqs. and Deductions, The City may set-off, deduct, or withhold from any payment due the Contractor, such sums as may be opeu|f|oa||y a||uvved in the Contract or by applicable |avv including, without |innitmUoP, the following: • Any amount of any o|oinn by nthind party; ° Any Liquidated Damages. and/or; " Any unpaid legally enforceable debt owed bvthe Contractor bothe City. The City shall notify the Contractor iUwriting mfany such withholdings. Any withholding, which is ultimately held to have been vvnungfu|, nho|\ be paid to the Contractor in accordance with the Local Government Prompt Payment Act. 85. Event of Default An event of default shall rnomn o breach of the Contract by the Contractor. Without limiting the generality of the foregoing and in addition to those instances referred to herein as o breach, an Event ofDefault, ohmU include, but not limited to, the following: ° The Contractor has not performed the Work under a Job Order in a timely manner; Job Order 08 RFPNo. f84Q-001 Horizontal and Vertical Construction Services • 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: » Treat such failure as a repudiation of the Contract and/or; » Resort to any remedy for breach provided herein or by taw, 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 Job Order Contracting (JOC) for 69 RFP No. 18-19-001 Horizontal and Vertical Construction Services Contractor.was in default shall be immediately returned to the City. The Director may also suspend any payment or part thereof or order a Work stoppage until such time as the issues concerning compliance are resolved. Contractor understands and agrees that termination of a Job Order or this Contract under this Article shall not release Contractor from any obligation accruing prior to the effective date of termination. A finding of default and subsequent termination for cause may include, without limitation, any of the following: ■ Contractor fails to obtain the insurance or bonding herein required by the Contract. ■ Contractor fails to comply with any of its duties under a Job Order or the Contract Documents, with any terms orconditions 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 as of the date of notification of the termination and immediately' remove all labor, equipment, and materials (not owned or paid for by the City) from the Work Site. The City assumes no liability for the Contractor's failure to remove such items from the Project(s) Site(s) as required. The Contractor shall also remain liable for any liabilities and claims related to the Contractor's default. As an alternative to termination, the City may bring suit or proceedings for specific performance or for an injunction. 89. Termination for Convenience In addition to cancellation or termination as otherwise provided for in the Contract, the City may at any time, in its sole discretion, with or without cause, terminate 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; Job Order Contracting (JOC) for 70 RFP No. 18-'19-00'1 Horizontal and Vertical Construction Services Assign to the City and deliver to the site, or any other location specified by the Project Manager, any non -cancelable orders for materials and equipment that can not otherwise be used except for Work under the Contract and have been specifically fabricated for the sole purpose of the Work and not incorporated in the Work; • Take no action that shall increase the amounts payable by the City under the Contract Documents; and • Take reasonable measures to mitigate the City's liability under the Contract Documents. • All charts, sketches, studies, drawings, reports and other documents, including electronic documents, related to Work authorized under the Contract, whether finished or not, must be turned over to the City. Failure to deliver the documentation timely, 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. Job Order Contracting (JOC) for 71 RFP No. 18-19-001 Horizontal and Vertical Construction Services - 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 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 Job Order Contracting (JOC) for 72 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 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 Job Order Contracting (JOC) for 73 RFP No. 18-19-001 Horizontal and Vertical Construction Services status, that the Contractor will not claim to be an officer or employee of the City for any right or privilege applicable to an officer or employee of the City, including, but not limited to: worker's compensation coverage; unemployment insurance benefits; social security coverage; retirement membership, or credit. The Contractor's staff shall not be employees of the City, and the Contractor alone shall be responsible for their Work, the direction thereof, and their compensation and benefits of any kind. Nothing in the Contract shall impose any liability or duty on the City on account of the Contractor's acts, omissions, liabilities or obligations of those of any person, firm, company, agency association, corporation, or organization engaged by the Contractor as a Subcontractor, expert, consultant, independent contractors, specialist, trainee, employee, servant or agent or for taxes of any nature, including, but not limited to: unemployment insurance; worker's compensation and anti- discrimination, or workplace legislation of any kind. The Contractor hereby agrees to indemnify and hold harmless the City against any such liabilities, even if they arise from actions directed or taken by the City. 96. Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 97. Successors and Assigns The performance of this Contract shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Contractor without the written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale, 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 Job Order Contracting (JOC) for 74 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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. 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 lie in Miami -Dade County, Florida. The parties waive any objections to venue. 101. Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City Manager, Director, or designee. 102. Entire Agreement The Contract Documents, as they may be amended from time to time, represent the entire and integrated Contract between the City and the Contractor and supersede all prior negotiations, representations, or agreements, written or oral. This Contract may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of the Contract Documents shall not be deemed to be a waiver of any other breach of any provision of the Contract Documents. 103. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under the Contract Documents shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 104. Evaluation 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 Job Order Contracting (JOC) for 75 RFP No. 18-19-001 Horizontal and Vertical Construction Services Contractor. The performance evaluations will bgkept in City files for evaluation on future solicitations. 105, Commodities Manufactured, Grown, or Produced in the C|tv of Miami,, Miami -Dade Countv, and the State of Florida Whenever two /2\ or more competitive sealed bids are received, one or more of which na(abag to commodities manufactured, grown, orproduced 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 mnmnufocturad, grovvn, or produced within the City of Miami, Miami -Dade County and the State ofFlorida shall begiven preference. 106. Rovaltles and Patents All feen, royalties, intellectual property rights related fees, and claims for any invention, or pretended invenUnno, or patent ofany article, moterio|, arrangement, opp|ionna, 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 AnyWork that commences priorto and will extend beyond the expiration date of the current contract period mha||, 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 re|oh» |nany way tothe PrV/oot(s), and toany 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 o|airO 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 huthe Contract. Records subject tothe provisions of Public Record Lovv, Florida Statutes Chapter 110, oho|\ be kept in accordance with such statute. Otherwise, Contractor shall retain and make available to City all such books and records and accounts, financial orotherwise, which relate tuthe Project(s) and toany claim for eperiod offive (5) years following Final Completion ofthe P 'oot(n). Contractor shall additionally comply with GeoUVn 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 Gtatuton, or as otherwise provided by law; ( ensure that public records that are exempt orconfidential and exempt from disclosure are not disclosed except aaauthorized by law; (4) meet all requirements for retaining pub\|nronnrdn and transfer, at no coet, to the City all public records inits possession upon termination of this Agreement and destroy any duplicate public records that are ouonnpt or confidential and exempt from disclosure requirements; (5) All electronically stored public nauonja must be provided to the City in aformat compatible with the C|tv'a 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 ufthe Contract Documents. Job Order 76 RFP No. 1848'00 Horizontal and Vertical Construction Services 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 DIVISION OF PUBLIC RECORDS AT (305) 416 - .1800, VIA EMAIL AT PUBLICRECORDS(Z MIAMIGOV.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 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. Job Order Contracting (JOC) for 77 ' RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 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 Proposers 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. Job Order Contracting (JOC) for 78 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 thesatisfaction 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 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. Job Order Contracting (JOC) for 79 RFP No: 18-19-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 80 RFP No. 18-19-001 ' Horizontal and Vertical Construction Services 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 workload (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. 3.9. The City reserves the right to utilize Bid Safe on a Job Order by Job Order basis. 3.10. The City will consider several factors when. determining the applicability of Bid Safe to a Job Order including, but not limited to, the following: 3.10.1. Estimated Job Order Amount; 3.10.2. Scope Documentation, including but not limited to Architectural and Engineering (NE) design; 3.10.3. Nature and complexity of the Work; Job Order Contracting (JOC) for 81 RFP No. 18-19-001 Horizontal and Vertical Construction Services 3.10.4. Contractors' abilities to self -perform the Work; 3.10.5. Contractors' proven capabilities on similar Work; 3.10.6. Schedule; and 3.10.7. Other appropriate criteria as deemed in the best interest of the City. 3.11. The Detailed Scope of Work will be developed by City personnel and included with the Request for Price Proposal. 3.12. The City may conduct one or more Site visits with all Contractors designated to receive the Request for Price Proposal. 3.13. 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. 3.14. 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. 3.15. 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. 3.16. The NTE Offer is valid for one hundred twenty (120) Days from the date of opening unless stated otherwise in the Job Order. 3.17. 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. 3.18. The Job Order Amount shall be equal to the lessor of the NTE Offer and the Job Order Price Proposal amount. 3.19. Where the NTE Offer is less 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. 3.20. If the City exercises its right to award a Job Order utilizing Bid Safe, collaboration between Contractors is specifically prohibited. Contractor collaboration undermines 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 3.21. 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. 3.22. The Contractor shall attend the Joint Scope Meeting and discuss, at a minimum: 3.22.1. The general scope of the work; Job Order Contracting (JOC) for 82 RFP No. 18-19-001 Horizontal and Vertical Construction Services 3.22.2. Alternatives for performing the work and value engineering; 3.22.3. Access to the site and protocol for admission; 3.22.4. Hours of operation; 3.22.5. Staging area; 3.22.6. Requirements for catalog cuts, technical data, samples and shop drawings; 3.22.7. Requirements for professional services, sketches, drawings, and specifications; 3.22.8. Construction duration; 3.22.9. Liquidated damages; 3.22.10. The presence of hazardous materials; and, 3.22.11. Date on which the Proposal Package is due. 3.23. 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. 3.24. 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 3.25. The Contractor's Proposal Package shall include, at a minimum: 3.25.1. Price Proposal; 3.25.2. Required drawings or sketches; 3.25.3. List of anticipated Subcontractors and Materialmen; 3.25.4. Construction schedule; and, 3.25.5. Other requested documents. 3.26. The Job Order Price shall be the value of the approved Price Proposal. 3.27. 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. 3.28. The Contractor will prepare Price Proposals in accordance with the following: 3.28.1. 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. Job Order Contracting (JOC) for 83 RFP No. 18-19-001 Horizontal and Vertical Construction Services 3.28.2. Non-Prepriced Task: A task that is not set forth in the CTC®. 3.28.3. Information submitted in support of Non-Prepriced Tasks shall include, but not be limited to, the following: 3.28,3.1. Catalog cuts, specifications, technical data, drawings, or other information as required to evaluate the task. 3.28.3.2. 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. If three quotes or bids cannot be obtained, the Contractor will provide the reason in writing for the City's approval. If approved, less than three quotes or bids will be allowed. 3.28.3.3. 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 CTC®) 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% Total Cost of Non-Prepriced Task = A + B + C + D + E + F 3.28.3.4. After a Non Pre -priced 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 3.28.3.5. 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. 3.29. 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 is not reimbursable. To compensate the Contractor for the cost of the JOC System License Fee on reimbursable tasks, the adjustment applied to reimbursable tasks shall be a 1.0101. 3.30. The Contractor shall provide incidental engineering and architectural services required in .• connection with a particular Job Order, including drawings and information required for filing. Job Order Contracting (JOC) for 84 RFP No. 18-19-001 Horizontal and Vertical Construction Services 3.31 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. 3.32. 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. 3.33. 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 3.34. 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. 3.35. 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: 3.35.'1. Will constitute or create a hazard to the work, or to persons or property; 3.35.2. Will not produce finished Work in accordance with the terms of the Contract; or, 3.35.3. Unnecessarily increases the price of the Job Order when alternative means and methods are available. 3.36. 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. 3.37. 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. 3.38. 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. 3.39. 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. Job Order Contracting (JOC) for 85 RFP No. 18-19-001 Horizontal and Vertical Construction Services 8. Economic Price Adjustment 8.1. The CTC issued with this RFP will be in. effect for the first year of this contract. 8.2. On February 1, 2020 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 Job Orders issued after the effective date of that specific renewal option and shall have no impact on Job 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 Job Order is issued. However, the Contractor cannot delay the issuance of a Job 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. 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 Job Order Price per month for the first four (4) months. In no event shall more than fifty percent (50%) of the Job Order 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 Job Order Proposal, 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 completionof 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 Job Order Contracting (JOC) for 86 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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. ■ 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. Job Order Contracting (JOC) for 87 • •• RFP No. 18-19-001 . Horizontal and Vertical Construction Services Job Order Amount Daily Charge per Calendar Day $50,000 and under $836 Over $50,000 but Tess 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 Tess than $15,000,000 $4,624 $15,000,000 but less than $20,000,000 $5,563 $20,000,000 and over $9,788* *Plus 0.00005 of any amount of over $20M (rounded to the nearest 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. 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. Job Order Contracting (JOC) for 88 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 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 understand clearly. During these meetings, Contractor shall identify the party or parties responsible for following up on any problems, delay items, or questions, and Contractor shall note the action to be taken by such party or parties. Contractor shall revisit each pending item at each subsequent meeting until resolution is achieved. Contractor shall attempt to obtain from all present any potential problems or delaying event known to them for appropriate attention and resolution. Contractor shall be responsible for keeping minutes of the meeting and distribution of the minutes to all parties in attendance. The Contractor shall arrange for the participation of its Subcontractors and/or vendors when the Project Manager requires their presence. Job Order Contracting (JOC) for .89 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 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 Job Order Contracting (JOC) for 90 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 Toss 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 over mounted 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. ■ 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 reinstall 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 Job Order Contracting (JOC) for 91 RFP No. 18-19-001 Horizontal and Vertical Construction Services comply with the latest publication and/or entity having jurisdiction. In addition, Contractor ,shall submit any, and all, Quality Control/Quality Assurance (QC/QA) 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 Projects 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 fines, stakes at corners, centers and centerlines, auxiliary lines and a benchmark 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 (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 Adjustment Factors. 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 one (1) length on both sides plus the face. end. Record the elevation, deviation from horizontal and vertical alignment and the inclination for these items. Job Order Contracting (JOC) for 92 RFP No. 18-19-001 Horizontal and Vertical Construction Services • Maintain -records of all pipeline Project and on -mite Project deviations from Drawings and Specifications by a Florida Registered Professional Surveyor and Mapper (P.S.M.). ° For Pipe Installation inAll Pipeline Projects andOn-oiteP 'ecto:OuhngenUnononstruction operation retain the services ufo State of Florida Registered Land Surveyor /FRLG>who shall, maintain records of the instoUat|un, 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, ' wafer 'sampling point, and also for above ground piping and other appurtenances along the pipeline. Specific locations and elevation ofequipment, the buildings, and miscellaneous items installed inside them shall berecorded aoapplicable. ° 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 KAy|ar as specified hereinafter. Record Drawings and three (3) blue line copies ehmU be signed and sealed by the Surveyor and uhoU 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 all 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 (1O)calendar days tocorrect all exceptions taken bythe Project Manager or Consultant and resubmit as -built record drawings tothe Consultant for final acceptance. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings oras-built drawings acceptable tothe Project K4aOager. 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 permito, other pmrmits, governmental fees, licenses and inspections necessary for proper execution and completion of the Work including the preparation of all dravvingw, oketchoo, 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 ootuo| permit fees paid � by the Contractor will be treated as a Contract cost reimbursable, The Contractor shall bepermitted tninclude the qppUoab|eUneitems fronnthe Construction Task {�atm|og'intheir Phce 'Proposal, supported by documented necmipto, to receive a dollar -for -.dollar reimbursement (no markup). 26. E-Verifv~MawdatonKUse Contractor shall utilize the U.G. Department of Homeland Security's E'Verif/syntenn to verify the employment eligibility nfall new employees h|redbythe {�ontractorduring the term ofthe Contract, and shall expressly require any subnontractoraperforming work orproviding services pursuant tb the Contract to likewise utilize the U.G. Department of Homeland Security's E'Vohfv system to. verify the employment eligibility of all new employees hired by the subcontractor during the Contract Job Order 93 RFPNo. 184$-0O1' 27. Job Order Contracting Software and License Fee The City selected The Gordian Group's (Gordian) Job Order Contracting (JOC) Solution (Gordian JOC SolutionTM) fortheirJOC program. The Gordian JOC SolutionTM includes Gordian's proprietary software Gordian Cloud, eGordian® and Bid Safe®, JOC 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 JOC 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 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 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. Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 94 • . • RFP No. 18-19-001 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. 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. Job Order Contracting (JOC) for 95 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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;. 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. Job Order Contracting (JOC) for 96 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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. 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 Job Order Contracting (JOC) for 97 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 that the 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 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 Job Order. Contracting (JOC) for 98 RFP No. 18-19-001 Horizontal and Vertical Construction Services forth in the Job Order for all materials, products and equipment to be incorporated into the Nohc 20.The City shall innoway baliable for. interruption nrdelay inthe Project, for any defects or any other problems with the Project, nrforanyextraohargnorooetreau0ngfronnde|oyin the delivery of, or defects in City -Purchased K4ahsrio|n' and the Contractor and its Subcontractors expressly accept all risks and responsibilities for incomplete, improper or untimely delivery of these nnotar|a|n. 27.Contrmctor shall be responsible for the removal and proper disposal of any vvoete City - Purchased Materials delivered to the site that were not used to complete the Project. The Cib/, at its option, may take possession of any City -Purchased yWatedn\a delivered to the site that were not incorporated into the Work by the Contractor. Job Order 99 RFPNo. 1U48-0O1 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK , Job Order Contracting (JOC) for 100 RFP No, 18-19-001 Horizontal and Vertical Construction Services Section 4 — SCHEDULE OF PRICES SCHEDULE OF PRICES (Page 1 of 11) Submitted: Date City of Miami, Florida Office of the City Clerk City Hall, 1st Floor 3500 Pan American Drive Miami, Florida 33133-5504 The undersigned, as Proposer, hereby declares that the only persons interested in this Proposal as principal are named herein- and that no person other than herein mentioned has any interest in this Proposal or in the Contract to be entered into; that this Proposal is made without connection with any other person, firm, or parties making a Proposal; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Proposer 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 Proposals, 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 Proposal; and that this Proposal is submitted voluntarily and willingly. The Proposer agrees, if this Proposal 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: RFP No: 18-19-001 Title: Job Order Contracting (JOC) for Horizontal and Vertical Construction Services The Proposer 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 RFP Documents, and to furnish the required Certificates) of Insurance. The undersigned further agrees that the Bid Guaranty accompanying the Proposal shall be forfeited if Proposer fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond in the time frame as provided in the RFP 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 Proposer agrees that these errors are errors that may be corrected by the City. In the event of a discrepancy between the price proposed in figures and the price proposed in words (if any), the price in words shall govern. Job Order Contracting (JOC).for 101 RFP No. 18-19:001 Horizontal and Vertical Construction Services SCHEDULE OF PRICES: (Page 2 of 11) Schedule of Prices Note: Proposers shall propose a set of Adjustment Factors, which will be evaluated. 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 (4th) 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 Proposers: A Proposer may choose to propose 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). Job Order Contracting (JOC) for 102 ' . RFP No. 18-19-001 • Horizontal and Vertical Construction Services SCHEDULE OF PRICES: (Page 3 of 11) 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 and negotiating a 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 Job Order Contracting (JOC) for 103 RFP No. 18-19-001 Horizontal and Vertical Construction Services SCHEDULE OF PRICES: (Page 4 of 11) 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 and negotiating a 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. r (Specify to four decimal places) Written Amount Job Order Contracting (JOC) for 104 RFP No. 18-19-001 Horizontal and Vertical Construction Services SCHEDULE OF PRICES: (Page 5 of 11) DIREC', PLIES; i i�lTRARTS'11t AND"IV____— Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part II: Part III: No addendum was received in connection with this RFP. Certifications The Proposer, by virtue of signing the Schedule of Prices form, affirms that the Proposer is aware of the following, and shall comply with all the stated requirements. 1. Small Business Enterprise ("SBE") Requirements Proposer 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 "Small Business Enterprise" requirement. Evaluation of Proposer's responsiveness to Ordinance Section 13331 shall be a consideration in the award of a contract. 2. Non -Collusion Proposer certifies that the only persons interested in this RFP are named herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this RFP is made without connection or arrangement with any other person. Proposer certifies that the selected independent third -party verifier will verify and certify compliance data and reports honestly and accurately; and 3. Drug Free Workplace The undersigned Proposer 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 Proposer'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 Proposer'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); Job Order Contracting (JOC) for 105 RFP No. 18-19-001 Horizontal and Vertical Construction Services SCHEDULE OFPRICES: (Page 6 of 11) . (4) Notifying all mmp|oyeem, in writing, of the statement required by subparagraph (1)' that. as a condition ofemployment onacovered Contract, the employee shall: U> Abide bvthe terms ofthe statement and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the vvorkp|oms 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) (11) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title ofthe 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 inthe workplace: O\ Taking appropriate personnel action against such mmolovam, up to and including termination; or U|\ Requiring such employee to participate maUufmotodk/ in a drug abuse aon(otonoe or rehabilitation program approved for such purposes byofederal, state, orlocal health, law enforcement, orother appropriate agency; and (7) Making a good faith effort to maintain m drug -free workplace program through implementation ofaubporagraphu(l)through (0);and 4. Lobbvinq The undersigned certifies tVthe best ofhis orher knowledge and belief, that /1\ NoFederal mppnophmhadfunds have been paid, urwiUbopaid, byoronbehalf ofthe undersigned, � to any personfor Influencing or attempting to influence on officer nremployee of any agency, a W4mnnbor of {}ongreos, an officer or employee of Congress, or an ennp|uyaa of e yNonnbar of Congress }nconnection with the awarding ofany Federal contract, the making ofany Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, oonUnuat{on, ronewo|, omondnnent, or modification of any Federal contract, grant, loan, or cooperative agreement. (�\(fonyfundootherthaMFmdero\apprnpriatadfundahavebeenpaidhoonyperaonforinf|uenningor � 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 cVntnaot, grant, loan, or cooperative agreennent, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3\ This undersigned ohoU'nequ|re that the language of this certification be included in the award' ' documents for'All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, |osno' and cooperative ognannnenLs\ and that all sub -recipients mho|| certify and disclose accordingly. This certification is a material representation of fact upon vvh|oh reliance was placed when this transaction was made or entered into. Submission of this certification -is o pre-requisite.for nnoNng or entering into this transaction imposed by Section 1352.Title 31' U.S. Code. Any person who fails to file the required certification shall be subject to m u|v|| penalty of no \aso than $10,000. but not more than $1OD.000for each such failure. Job Order 106 RFPNo. 104S-0U1 Horizontal and Vertical Construction Services ` SCHEDULE OF PRICES: (Page 7 of11) Note: In these instances, "All" in the Final Rule -is expected to be clarified to show that itapplies ho covered contract/grant transactions over $1OO'OUU(per C\KAB). 5. Debarment, Suspension and Other Responsibility Matters The Proposer certifies tothe best ofits knowledge and belief, that |tand 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 UlFeo year period preceding this RFP, been convicted Oforhad apk/i| judgment rendered against them for commission of fraud or @ criminal offense in oonnauUVD with obtaining, attempting to obtain, or performing a public (Federal, Stnte. Orlocal) transaction or contract under a public transaction; violation of Fmdany| or EUmtn 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 ofthis certification; and /d\ Have not within a three-year period preceding this RFP had One or more public transactions (Feden8|'State, o[local) terminated for cause o[default. /e\ In addit(on, fgntuno to be considered in determining responsibility of prospective contractual parties shall include but not belimited to: /1\ Proposer does have availability ofappropriate financia|. material, eqU|pmBent, foci|Uv, and personnel resources, and eXpertisa, or the ability to obtain tha[D, to meet all contractual requ|nornaDto| , (2)Proposer does have asatisfactory record of performance; kBProposer does have o satisfactory record ofintegrity; (4) Proposer does possess qualified legal standing to contract with the City; (5) Proposer shall comply with supplying all requested information connected with the inquiry coDcenlingFempOno|bUitv; Al Proposer has not had a termination, suspension, or cancellation ofa City contract, in whole or in pad, for cause, due to a default by the Proposer, within the past five (5) yeanS, which has not been reversed oOappeal by ncourt ofcompetent jurisdiction; or (g)Pnopmner has not withheld g payment or nonpayment of moneys due the City- from the Proposer, within the past five (5) years, unless the full amount of such moneys due the City; /h\ Have been deposited with a court ofcompetent jurisdiction in K4|monADade County, Florida, pursuant to the pnoV|miVn8 of Fla. R. [)/v. P. 1.600 titled "Deposits in Court", as aOnehded. or other applicable Federal, State or Local F(u|e8 of Court, and are subject to distribution to the City nrwithdrawal bythe City bvorder Vfthe court; U\ The Proposer shall provide any information requested by the Chief Procurement Officer or contracting officer concerning responsibility. If such oonbontuo| party fails to provide the requested inforVat|oO, the datemn|nEd|oO of naspono|bUhx may be nleda *UpQn oVaUgb|e information orthe prospective contractual party may befound non'ree o |b|e.Th*Pnopoaer May demonstrate the availability ofnecessary financial, equipment, facility, and personnel resources by submitting: Job Order 107 RFP No. 1848-0O1 SCHEDULE OF PRICES: (Page 8 of 11) (1) Proposer furnishes, upon request, evidence that the contractual party possesses such necessary resources; (2) Proposer affirms it has acceptable plans to subcontract for such necessary resources; or, (3) Proposer will, upon request, submit a documented commitment for, or explicit arrangement with, satisfactory sources to provide such necessary resources. Where the prospective Proposer is unable to certify to any of the statements in this certification, such Proposer shall submit an explanation to the City of Miami in writing. 6. Local Workforce Participation Requirements The Proposer certifies to the best of its knowledge and belief, that it and its principals: 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; 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 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 Proposer, by virtue of signing the Schedule of Prices form, affirms that the Proposer 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 Proposer and its Subcontractors. The Proposer is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. Proposer 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 items in the schedule of prices, nor be considered additional Work. Job Order Contracting (JOC) for 108 RFP No. 18-19-001 Horizontal and Vertical Construction Services SCHEDULE OF PRICES: (Page 9 of 11) 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 for Dollars ($ ) for the Vertical Construction Contract. NOTE TO PROPOSERS: 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 Proposer 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.: If a partnership, names and addresses of partners: Dun and Bradstreet No.: (If applicable) Job Order Contracting (JOC) for 109 RFP No. 18-19-001 Horizontal and Vertical Construction Services SCHEDULE OF PRICES: (Page 10 of 11) HEREBY CERTIFY of . held onthe __ authorizing (Name) bids on behalf ofthe ration and oorponadon, shall bathe official act and force and effect. CERTIFICATE OF AUTHORITY (IF CORPORATION) that at a meeting of the Board of Directors of .acorporation organized and existing under the laws cfthe State .day of . . m naoo|uUun was duly passed and adopted as (Title) ofthe oorpuraMnnhoexecute providing that his/her execution thereof, attested by the secretary of the deed of the corporation. | further certify that said resolution remains in full |NWITNESS WHEREOF, | have hereunto oetmyhanddh|o_____dayof .20____ Secretary: CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) | HEREBY CERTIFY that et a meeting of the Board of Directors of .apartnership organized andexisting under the laws ofthe State of 'held onthe —day of . .aresolution 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 |nfull force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _, day of 20 Partner: Print: CERTIFICATE OF AUTHORITY IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Bid is authorized hasign Bid documents onbehalf ofthe joint venture, Uthere io no joint ventureagreement, each member ofthe joint venture must sign the Bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OFAUTHORITY (IF INDIVIDUAL) | HEREBY CERTIFY that, | (Name)doing business an (dVb/a) (if Applicable) have executed and ambound bythe terms ofthe Bid hzwhich this attestation |aattached. \NWITNESS WHEREOF, Ihave hereunto set myhand this day of .20____. Signed: Job Order 110 RFPNo. 1O49-0O1 Horizontal and Vertical Construction Services SCHEDULE OF PRICES: (Page 11 of 11) NOTARIZATION STATE OF ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by , who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Job Order Contracting (JOC) for 111 RFP No. 18-19-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 112 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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, RFP No. 18-19-001 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 prescribe 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. Job Order Contracting (JOC) for 113 RFP No. 18-19-00'1 Horizontal and Vertical Construction Services 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 State Zip Job Order Contracting (JOC) for 114 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 SS ). (Corporate Seal) Before me, a Notary Public duly commissioned, and qualified, personally appeared . to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney -in -fact, for the and that he/she has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami, Florida. Subscribed and sworn to before me this INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions for Submission day of , 20. Notary Public, State of Florida at Large My Commission Expires: Job Order Contracting (JOC) for 115 RFP No. 18-19-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 116 RFP No. 18-19-001 Horizontal and Vertical Construction Services SUPPLEMENT TO SCHEDULE OF PRICES: QUESTIONNAIRE (Page 1 of 5) ****Important**** If Proposer is submitting 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 Proposal. The City may, at its sole discretion, require that the Proposer 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 Proposal as non -responsive. Additional pages may be used following the same format and numbering. By submitting its Proposal, the Proposer certifies the truth and accuracy of all information contained herein. A. Business Information 1. How many years has the Proposer 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 Proposer was licensed by State of Florida Department of Professional Regulation: c. Qualified Business License: 0 Yes❑ No If Yes, Date Issued: d. What is the Proposer'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 Proposer: f. Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to the Proposer and years serving as qualifier for the Proposer: 2. Name and Licenses of any prior companies: Name of Company License No. Issuance Date Job Order Contracting (JOC) for 117 ' RFP No. 18-19-001 Horizontal and Vertical Construction Services | QUESTIONNAIRE (Page 2 of 5) 3. Type cfBusiness Entity: [-1 EDL�0 ��h� —Corporation (Corporations will be required to n,vwu* onpnvof their corporate resolution prior toexecuting acontract) 4. Business Entity Ownership. m.Identify all owners ofthe Business Entity: Name Title %ofownership b. |sany owner identified above, gnowner hlanother El Yen n No If yes, identify the name of the owner, other company names, and % ownership for o, Identify all individuals authorized hosign fo[the Business Entity, indicating the level of their authority (check applicable boxes and for other provide specific levels of authority) Title Signatory Authority All Cost No -Cost Other Fl Fl El 7 [� [� [] [� ^� `� ^� ^� Explanation for Cther: �m��hu ufdooume�indud\ butm�hmdadb000n�od�.amendmentchange � (Note:requests (CPR), change orders (CO), notimm, claims, disputes, etc, "Cost" refers \nCPRe' COx. No -cost refers hoRFls.Notices, and other similar dooumonts). 5Employee Information Total N (� Employees: ' Nunnb�r��K8oD�g�ri@K/��noiO Employees: �. nnp(oyeee. . . Number nfTrades Personnel and total number per classification: (Apprentices must helisted separately for each cbmoifioativn) | i ` Job Order for 118 RFPNo. 1&48-0O ' Horizontal and Vertical Construction Services QUESTIONNAIRE (Page 3 of 5) How many employees are working under H2B visas? 6. Has any owner or employee of the Proposer 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 Proposer 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 Proposer in last five (5) years and value: 8. Have any claims lawsuits been filed against the Proposer in the past five (5) years. If yes, identify all where the Proposer has either settled or an adverse judgment has been issued against the Proposer. Identify the year basis for the claim or judgment and settlement unless the value of the settlement is covered by a written confidentiality agreement. • Job Order Contracting (JOC) for 119 RFP No. 18-19-001 Horizontal and Vertical Construction Services QUESTIONNAIRE (Pape 4 of 5) 9. The Proposer or any officers of the Proposer currently under investigationby any law enforcement agency or public entity? If yes, provide details: 10. Has the Proposer been assessed liquidated damages or defaulted on a project in the past five (5) years? ❑Yes ❑ No (If yes, provide an attachment that provides an explanation of the project and an explanation). 11. Has the Proposer 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 Proposer. B. Project Management and Subcontract Details 1. Project Manager for this Project: a. Name: b. Years Employed by Proposer: c. Licenses/Certifications: d. Last three (3) projects with the Proposer including role, scope of work, and value of project: 2. Subcontractors: Name Trade % of Work License No. Certification* (*active certifications of community small business enterprise & name of certifying entity) Job Order Contracting (JOC) for 120 RFP No: 18-19-001 Horizontal and Vertical Construction Services QUESTIONNAIRE (Pape 5 of 5) 3. Scope of physical construction labor to be performed by the Proposer 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 determining the Proposer's responsiveness and responsibility. This attachment must include the minimum number of projects required herein for the Proposer 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 Proposal submission. D. Proposer's References Proposers 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 Proposal submission. The City, at its sole discretion may allow the Proposer to submit the references after the specified date for Proposal submission. Job Order Contracting (JOC) for 121 RFP No. 18-19-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 122 RFP No. 18-19-001 SUPPLEMENT TO SCHEDULE OF PRICES: CUSTOMER REFERENCE LISTING (Pape 1 of 1) Proposers may furnish the names, addresses, and telephone numbers of firms and/or government organizations for which the Proposer 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. Job Order Contracting (JOC) for 123 RFP No. 18-19-001 Horizontal and Vertical Construction Services 1 I THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 124 RFP No. 18-19-001 Horizontal and Vertical Construction Services Cit of Atianti To Whom It May Concern Subject: Reference Letter for Vertical Project folyor Emilio T. Gonzalez, Ph.D. City Manager feted' by the Proposer.; Name of Proposer: The above referenced Proposer is responding to a Bid that has been issued by the City of Miami. The City requires that the Proposer provide written references with their Bid submission. By providing you with this document, the Proposer 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: iry d�lowmg Section to ie 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 Proposer: Was project completed on time and within budget: ❑ Yes ❑ No If no, was the Proposer 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: Job Order Contracting (JOC) for 125 RFP No; 18-19-001 Horizontal and Vertical Construction Services Telephone: Sincerely, Annie Perez, CPPO, Director Department of Procurement E-mail: THIS SECTION INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 126 RFP No, 18-19-001 Horizontal and Vertical Construction Services City- of gilianti Emilio T. Gonzalez, Ph.D. City Manager To Whom It May Concern Subject: Reference Letter for Horizontal Project ez ollowing Section to be Coil ptetect by the.Proposer_ Name of Proposer: The above referenced Proposer is responding to a Bid that has been issued by the City of Miami. The City requires that the Proposer provide written references with their Bid submission. By providing you with this document, the Proposer 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: e,F`ollowing Section; to be Completed by thProject OwnerOwner. 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 Proposer: Was project completed on time and within budget: ❑ Yes ❑ No If no, was the Proposer at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Name of Project Owner: Signature of Project Owner's Representative: Title: Date: Ok Job Order Contracting (JOC) for 127 RFP No. 18-19-001 Horizontal and Vertical Construction Services Telephone: Sincerely, Annie Perez, CPPO, Director Department of Procurement E-mail: THIS SECTION INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 128 RFP No. 18-19-001 Horizontal and Vertical Construction Services SUPPLEMENT TO THE SCHEDULE OF PRICES: 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 Proposer): 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 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 Tess than twelve (12) months been in effect for no less than the twelve (12) months immediately preceding the date 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 Tess than the twelve (12) months immediately preceding the date proposals were received, a prior fully executed lease within the corporate limits of the City that documents in writing continuous business residence within the corporate limits of the City for a term of no less than twelve (12) months immediately preceding the date proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for Job Order Contracting (JOC) for 129 RFP No. 18-19-001 Horizontal and Vertical Construction Services � OFFICE LOCATION AFFIDAVIT (Page 2 of 3) review and approval by the chief officer its designee; further' 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; mnd 3)Has had for ominimum oftwelve (12)months immediately preceding the date proposals were received for the purchase orcontract at issue, ocurrent Business Tax Receipt issued by both the City and Miami -Dade County, ifapplicable; and 41 Has had, for a minimum of twelve (12) months immediately preceding the date proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the Cih/ or K0|omi~Dmdo County that authorizes the performance ofsaid business operations; and 6) Has certified in writing its compliance with the foregoing at the time of submitting its proposal 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 bythe business applicant submitting oproposal. According to Section 18'85(a) of the City of Miami Cmdm, as amended: .'when anaaponaive. responsible non -local bidder submits the |wvvemt bid pdca, and the bid submitted by one or more responsive, responsible local bidders who maintain a local nff}oo, as defined |nCity Code Section 18'73.|ewithin fifteen percent 596\ofthe price submitted bvthe non -local bidder, then that non'inuo\ bidder and each of the aforementioned reopona\ve, responsible local bidders shall have the opportunity to submit a best and final bid equal to'or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made tothe lowest neopons/ve, responsible bidder submitting the lowest best and final bid. /n the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall bemade tothe local hidder." Job Order ContrmnU for 130 RFPNo. 1048-0O1 Horizontal and Vertical Construction Services , OFFICE LOCATION AFFIDAVIT (Page 3 of 3) The intention of this section is to benefit bona fide local Proposers 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 Proposer has not been established with the sole purpose of obtaining the advantage granted bona fide local Proposers by this section. Authorize Signature Authorized Signature Print Name Print Name Title Title (Corporate Seal) (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 Proposal 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 Proposer's office. Job Order Contracting (JOC) for 131 RFP No. 18-19-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 132 RFP No. 18-19-001 Horizontal and Vertical Construction Services CERTIFICATE OF COMPLIANCE WITH SECTIONS 18-87, 18-89, 18-120 OF THE CITY CODE l hereby certify that: I) I am the (President/Secretary or Principal) of (Proposer) ii) I have read Sections 18-87,18-89 and 18-120 of the City of Miami Procurement Code; a. Proposer hereby acknowledges that the awarded contract has an on -site labor component greater than or equal to twenty-five percent (25%), 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 Small Business Enterprise ("SBE"); OR b. Proposer hereby is certified by Miami -Dade County as a SBE firm and will self -perform to meet the minimum fifteen percent (15%) SBE requirement. An active copy of the respondent's SBE certification must be included in the RFP document. iii) Proposer hereby agrees to comply with the Local Workforce Participation Requirements stated in Section 18-89 of the City of Miami Procurement Code. Iv) Proposer 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) Proposer hereby agrees to make assignments pursuant to Item ii), above, to certified SBE 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 Proposer named therein in favor of the City. Subscribed and Sworn to before me this day of , 20 My commission expires: Bonded by Notary Public, State of Florida at Large Job Order Contracting (JOC) for 133 RFP No. 18-19-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 134 RFP No, 18-19-001 Horizontal and Vertical Construction Services 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 thls 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 Finn (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 ❑ Local 0 SBE 0 DBE 0 None r ❑ SBE 0 Other ❑ Local ❑ SBE 0 DBE -❑ None $ ❑ SBE 0 Other 0 Local 0 SBE 0 DBE 0 None $ ❑ SBE 0 Other 0 Local 0 SBE ❑ DBE 0 None $ 0 SBE 0 Other ❑ Local 0 SBE 0 DBE 0 None $ ❑ SBE 0 Other ❑ Local 0 SBE 0 DBE 0 None $ ❑ SBE 0 Other LEGEND Types of Firm Certifying Entities DBE — Disadvantaged Business Enterprise CM — City of Miami SBE — Small Business Enterprise BC — Broward County Local — Local Firm (within City of Miami city limits) FDOT — Florida Department of Transportation None — no special designation FG — Federal Government MD — Miami -Dade County Other — please identify COPIES OF CERTIFICATIONS MUST BE ATTACHED. LOCAL FIRMS SHALL ATTACH THE LOCAL OFFICE AFFIDAVIT, Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 135 RFP No. 18-19-001 THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 136 RFP No, 18-19-001 Horizontal and Vertical Construction Services REQUIRE© SUBMISSION WITH YOUR PROPOSAL LOCAL WORKFORCE PARTICIPATION PROPOSAL QUESTION: List all contracts the Proposer has performed for the City of Miami for the past three (3) years that included Local Workforce Participation Requirements. The City will review all contracts the Proposer 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 Proposer'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 Proposer's past compliance with these requirements of the City." As such, the Proposer 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 Proposer; (v) breakdown of local workforce used to meet the requirements (number of persons broken down by trade and category); (vi) if the Proposer was unable to meet the Local Workforce Participation Requirements, explain the reasons why, and what efforts, if any, were utilized by the Proposer to attempt to meet these requirements; (vii) if the project was over one million dollars ($1,000,000.00), did the Proposer hold a job.fair(s), if yes, provide the date and location of the job fair(s), number of attendees; (viii) 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 Proposer by the City upon project completion, and (x) If the Proposer did not meet the goals, did you seek a waiver of the program requirements from any City officials? Please explain in detail. Job Order Contracting (JOC) for 137 RFP No. 18-19-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 138 - RFP No.-18-19-001 Horizontal and Vertical Construction Services PROPOSAL FORM 1 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS EQUAL TO OR LESS THAN $50,000 1) Proposer's Name: 2) Agency/Client Name: 3) Project Name: 4) Project Number: 5) Project Value: 6) Achieved or Anticipated Final Acceptance after January 1, 2013 ❑ Yes 0 No 7) Company Role: ❑ Sub Contractor 0 Prime Contractor 8) Agency: ❑ Public ❑ Private ❑ Other: 9) Percentage of Self Performed Work with the Company's Trades: 10) Project Type: ❑ Vertical Construction ❑ Horizontal 11) Attach a separate sheet describing the scope of work: 0 Yes 0 No 12) Client Reference for Construction: (It is your responsibility to assure that the contact information listed is correct. If your reference can not be contacted, this project may not be considered.) Reference's contact: Name Title Telephone: Email Address: 12) Description of Any Problems or Major Issues Encountered During the Project (If Any) and What Was Done to Resolve: (Attach Additional Information as Necessary) Job Order Contracting (JOC) for 139 RFP No. 18-19-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 140 RFP No. 18-19-001 Horizontal and Vertical Construction Services PROPOSAL FORM 2 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS GREATER THAN $50,000 AND EQUAL TO OR LESS THAN $250,000 1) Proposer's Name: 2) Agency/Client Name: 3) Project Name: 4) Project Number: 5) Project Value: 6) Achieved or Anticipated Final Acceptance after January 1, 2013 0 Yes 0 No 7) Company Role: 0 Sub Contractor 0 Prime Contractor 8) Agency: ❑ Public ❑ Private ❑ Other: 9) Percentage of Self Performed Work with the Company's Trades: cyo 10) Project Type: 0 Vertical Construction 0 Horizontal 11) Attach a separate sheet describing the scope of work: ❑ Yes 0 No 12) Client Reference for Construction: (It is your responsibility to assure that the contact Information listed is correct. If your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Title Telephone: Email Address: 13) Description of Any Problems or Major Issues Encountered During the Project (If Any) and What Was Done to Resolve: (Attach Additional Information as Necessary) Job Order Contracting (JOC) for 141 RFP No. 18-19-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 142 RFP No. 18-19-001 Horizontal and Vertical Construction Services PROPOSAL FORM 3 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS GREATER THAN $250,000 1) Proposer's Name: 2) Agency/Client Name: 3) Project Name: 4) Project Number: 5) Project Value: 6) Achieved or Anticipated Final Acceptance after January 1, 2013 ❑ Yes 0 No 7) Company Role: ❑ Sub Contractor 0 Prime Contractor 8) Agency: 0 Public 0 Private 0 Other: 9) Percentage of Self Performed Work with the Company's Trades: 10) Project Type: 0 Vertical Construction 0 Horizontal 11) Attach a separate sheet describing the scope of work: ❑ Yes 0 No 12) Client Reference for Construction: (It is your responsibility to assure that the contact information listed is correct. If your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Title Telephone: Email Address: 13) Description of Any Problems or Major Issues Encountered During the Project (If Any) and What Was Done to Resolve: (Attach Additional Information as Necessary) Job Order Contracting (JOC) for 143 RFP No. 18-19-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 144 RFP No. 18-19-001 Horizontal and Vertical Construction Services PROPOSAL FORM 4 KEY PERSONNEL PROJECT MANAGER 1) Proposer's Name: 2) Project Manager's Name: 3) # of Years with the Firm: 4) Experience: ❑ Vertical Construction ❑ Horizontal 5) # of Years' Experience: 6) ATTACH RESUME ❑ Yes 7) Client Reference #1 for Construction: (It is your responsibility to assure that the contact information listed is correct. If your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Title Telephone: Email Address: • 8) Client Reference #2 for Construction: (It is your responsibility to assure that the contact Information listed is correct. If your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Title Telephone: Email Address: Job Order Contracting (JOC) for 145 RFP No. 18-19-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 146 • RFP No. 18-19-001 Horizontal and Vertical Construction Services PROPOSAL FORM 5 KEY PERSONNEL GENERAL FIELD SUPERINTENDENT 1) Proposer's Name: 2) Superintendent's Name: 3) # of Years with the Firm: 4) Experience: ❑ Vertical Construction ❑ Horizontal 5) # of Years' Experience: 6) ATTACH RESUME ❑ Yes 7) Client Reference #1 for Construction: (It is your responsibility to assure that the contact information listed is correct. If your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Title Telephone: Email Address: 8) Client Reference #2 for Construction: (It is your responsibility to assure that the contact information listed is correct. If your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Title Telephone: Email Address: Job Order Contracting (JOC) for 147 RFP No. 18-19-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 148 RFP No, 18-19-001 Horizontal and Vertical Construction Services SECTION 6 - CONTRACT EXECUTION FORM THIS Contract # 18-19-001-V-9 made this day of in the year 2019 in the amount of $2,500,000.00 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and LEGO CONSTRUCTION CO., hereinafter called the "Contractor" for the Job Order Contract for Vertical Construction for the following awarded Adjustment Factors: Normal Construction Working Hours: 1.0410 Other Than Normal Construction Working Hours: 1.0577 IN WITNESS WHEREOF, the parties have executed .this Agreement as of the day and year first above written. WITNESS/ATTEST LEGO CONSTRUCTION CO., a Florida corporation Signature _Signature Print Name, Title Luis Garcia, President ATTEST: CONTRACTOR Secretary (Corporate Seal) (Affirm CONTRACTOR Seal, if available) ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida Todd B. Hannon, City Clerk Emilio T. Gonzalez, PhD., City Manager APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: Ann -Marie Sharpe, Director Victoria Mendez, City Attorney Risk Management Department Job Order Contracting (JOC) for 149 RFP No. 18-19-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 150 RFP No, 18-19-001 Horizontal and Vertical Construction Services 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) Job Order Contracting (JOC) for 151 RFP No. 18-19-001 Horizontal and Vertical Construction Services FORM OF PERFORMANCE BOND (P.age,1 of 3) 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, RFP No: 18-19-001, 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: Job Order Contracting (JOC) for 152 RFP No. 18-19-001 • Horizontal and Vertical Construction Services FORM OF PERFORMANCE BOND (Page 2 of 3) 4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 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 Proposer, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Proposer, arrange for a Contract between such Proposer 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 Job Order Contracting (JOC) for 153 RFP No. 18-19-001 Horizontal and Vertical Construction Services FORM OF PERFORMANCE BOND (Page 3 of 3) WITNESSES: Secretary By: (CORPORATE SEAL) (Name of Corporation) (Signature) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: (Agent and Attomey-in-Fact) Address: (Street) (City/State/Zip Code) Telephone No.: Job Order Contracting (JOC) for 154 RFP No. 18-19-001 Horizontal and Vertical Construction Services FORM OF PAYMENT 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, RFP No. 18-19-001 , 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. Job Order Contracting (JOC) for 155 RFP No. 18-19-001 Horizontal and Vertical Construction Services FORM OF PAYMENT BOND (Page 20f2) 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 i2.%1 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 iDSection 255.O5/2\.or Section Q5-11.Florida Statutes. 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 Contractor the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of .20____. Contractor Job Order Contracting (JOC) for Horizontal and Vertical Construction Services (Name of n) (Signature) ' (Print Name and Title) day of .2O INSURANCE COMPANY: (Agent and Attorney -in -Fact) Address: Cod e Telephone No.: � 158 RFPNn 1848-001 | THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 157 RFP No.18-19-001 Horizontal and Vertical Construction Services CERTIFICATE AS TO CORPORATE PRINCIPAL 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 CITY OF MIAMI SS 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: Notary Public, State of Florida at Large Bonded by Job Order Contracting (JOC) for 158 RFP No. 18-19-001 Horizontal and Vertical Construction Services PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2) Date of Issue Issuing Bank Routing No. Beneficiary: Applicant: City of Miami 444 S.W. 2nd Avenue Miami, Florida 33130 Amount: in United States Funds Expiration: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) by order (Branch address) of and for the account of (Contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part of (contractor, applicant, customer) agreed upon by and between the City of Miami, Florida and (contractor, applicant, customer), pursuant to Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (Expiration date) Job Order Contracting (JOC) for 159 RFP No. 18-19-001 Horizontal and Vertical Construction Services PERFORMANCE AND P4YMEN7['GUA�ANTY FORMTER OF CREDIT: (Page 2 of 2) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter ofCredit shall barenewed for successive periods ofone M\year each unless vve 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 Lotter ofCredit will expire prior to performance ofthe Contractor's obligations will bodeemed odefault. 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 in referred or this Letter of Credit na|atau, and any such reference ohoU not bedeemed to incorporate herein by reference any document, inatrument, or agreement. We hereby agree with the dravverm, andoruero, 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 ofCommerce /1993 revision), Publication No. 500 and to the provisions of Florida law. If m conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. {fa conflict between the law ofanother state or country and Florida law should arise, Florida law shall prevail. Authorized Signature Job Order Oon 160 RFPNo. 1849-001 Horizontal and Vertical Construction Services FORM A - INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY If the Proposer is submitting as a joint venture, please be advised that this form (2 pages) MUST be completed and the REQUESTED written joint venture agreement MUST be attached and submitted with this form. 1. Name of joint venture: 2. Address of joint venture: 3. Phone number of joint venture: 4. Identify the firms that comprise the joint venture: 5. Describe the role of the MBE firm (if applicable) in the joint venture: 6. Provide a copy of the joint venture's 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: Job Order Contracting (JOC) for 161 RFP No, 18-19-001 Horizontal and Vertical Construction Services NOTE: If, after filing this form and before the completion of the joint venture's work on the subject Contract, there Is any significant change in the Information submitted, the joint venture must Inform the City In writing, within ten (10) calendar days of event. 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 Proposer: Name of Proposer: Signature: Signature: Name: Name: Title: Title: Date: Date: Job Order Contracting (JOC) for 162 RFP No. 18-19-001 Horizontal and Vertical Construction Services Tik EThi# ADDENDUM NO. 1 May 17, 2019 REQUEST FOR PROPOSAL ("RFP"): 18-19-001 JO= O DER CONTRACTING (n"JOCH) FOR HORIZONTAL AND V'E:"TIC A L CONST 't UCTION SERVICES TO: ALL PROSPECTIVE PROPOSERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Request For Proposals, and shall become an integral part of the Proposals submitted, and the Contracts to be executed for Job Order Contracting ("JOC") for Horizontal and Vertical Construction Services — Request for Proposal ("RFP") No.:18-19.001 (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 are revisions to the RFP document. 1. The Proposal Submission Due Date has been extended to May 29, 2019, by 2:00 p.m. (local time); 2. Section 1 — Instructions for Submission, Article 8. Proposal Guaranty: The following language is hereby deleted: " rizontal contracts," and replaced with this language: "and $125,000 for horizontal contracts," B. The following are the inquiries received and the corresponding responses: Q1. Is a responder required to provide factors for both horizonal and vertical? AI: No. As stated in the Notice to Contractors on page 7, "Proposers may submit Proposals for one or both Services." Also, please refer to Section 1— Instructions for Submission, Article 9. Preparation of Proposal, which states "Proposers may choose to propose 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)." Q2. On page 12 of the RFP, Tab 2: Comparable Construction Experience, it is requiring the responder to submit (5) projects Tess than 50K, (5) ranging from $50K-$250K and (5) greater Job Order Contracting ("JOC") for Horizontal and Vertical Construction Services RFP No.: 18-19-001 Addendum 1 than $250K. What if the responder only has performed projects greater than $250K? Can we submit 15 projects greater than $250K? A2: No. Proposers shall submit and not exceed the number of projects specified for each of the respective dollar ranges specified. Proposers with no experience in a certain dollar range(s) will still be evaluated and scored accordingly. Q3. On page 17 of the RFP it states that the City intends to average the Factors for proposers being awarded contracts and In bold It also states, "If the City elects to Average the Adjustment Factors." This paragraph contradicts itself, please clarify. A3: While the City intends to average the Adjustment Factors, as stated, this is not guaranteed and the City may elect not to average the Adjustment Factors. The RFP further states on page 17 that "The City reserves the right to pay/award the contracts based on actual Adjustment Factors received, instead of the averages described above." Q4. On page 18, Article 16. Small Business Enterprise ("SBE") Participation, subparagraph c) states the contractor shall retain the services of an independent third party to verify and certify compliance with the SBE requirements. Will this cost be reimbursable for this third - party compliance to contractor or does it have to be included in our. factor? A4: No, the costs of independent third partyverification and certification of Contractor SBE compliance shall not be reimbursed. Accordingly, Proposers shall include the cost of such third party verifications and certifications in their proposed Adjustment Factors. Q5. On page 18, Article 17. Local Workforce Participation states the Contractor must employ minimum percentages for local workforce based on project value and If these minimum values are not met, then the City will retain 5%. It also states that the Contractor must hold job fairs based on contract values. In order to verify compliance, the RFP states the Contractor shall retain services of an independent third party to verify and certify Contractor compliance requirements. Will this cost for a third -party compliance and job fairs be reimbursable to Contractor or does it have to be included in our Adjustment Factors? A5: No, the costs of independent third party verification and certification of Contractor Local Workforce compliance and job fairs shall not be reimbursed. Accordingly, Proposers shall include the costs of such third party verifications and certifications and job fairs in their proposed Adjustment Factors. Q6. The documents request that Proposers submit a list of subcontractors. How are we able to do so when the scope of work is not known at this time? Please clarify. A6: The Contractor will submit a list of Subcontractors with each Job Order, not with the Proposal for RFP 18-19-001. However, Section 1 — Instructions For Submission, Article 9. "Preparation of Proposal," Tab 5: SBE and Local Workforce Participation Plan Is a requirement. Q7. Do the respondents include the 1% Gordian license fee in our Adjustment Factors?. A7: Yes. Proposers shall include within their proposed Adjustment Factors the 1% license fee to be paid to Gordian with respect to all Job Order Tasks. Job Order Contracting ("JOC") for Horizontal and 2 Addendum 1 Vertical Construction Services RFP No.: 18-19-001 Q8. If respondents are submitting for both horizontal and vertical contracts, are we required to submit two separate bid bonds? A8: Yes. In accordance with Section 1 — Instructions for Submission, Article 8. Proposal Guaranty, (As amended by Section A., Item 2, above) Proposers shall submit a Bid Bond "in the amount of $125,000 for vertical contracts and $125,000 for horizontal contracts." Q9. Page 81 of the RFP states the City may request for price proposals from two or more contractors for a job order. If the City averages the factors to awarded Contractors, won't all the prices be the same? Please clarify the City's Intent. A9: Article 4. Bid Safe, on page 81, will apply to instances where the City utilizes Bid Safe to procure a project. In those cases, the City will follow the procedures set forth In the Bid Safe Article where two or more Contractors will first submit a Not -to -Exceed Offer that is independent from the Contractor Adjustment Factors. Q10. On page 84 of the RFP, Subparagraph 3,28.3.3 states the Contractor is allowed 15% for Overhead and profit for NPP, Does this include the 1% fee the Contractor needs to pay Gordian for licensing? A10: Yes. Subparagraph 3.28.3.3 provides the formula detailing the calculation of the final Non-Prepriced Task amount, and the Contractor will be required to pay the 1% license fee on all Job Order Tasks, Prepriced and Non-Prepriced. Q11. Is the respondent required to account for the Miami -Dade heavy wages per the RFP in our Adjustment Factor? All: Yes. Q12. VVIII payment and performance bonds for each job order be reimbursable on individual job orders or do we need to account for them in our Adjustment Factors? Al2: Contractors will be required to submit a Performance and Payment bond equal to the estimated annual value. The cost of all bonds shall be included in the Adjustment Factors. The costs of the required performance and payment bonds shall not be reimbursed. Contractors will not be required to submit a performance and payment bond for each Job Order Task assignment. Q13. The RFP states the horizontal construction projects pertain to underground utilities. It is my understanding that in order to perform utility work within a ROW that the contractor must hold a State of Florida Underground Utility License, The RFP does NOT require this, please clarify. A13: The Contractor or the subcontractor performing the work shall have the required license(s). Q14. The term for the is RFP is 2 years with an option for two additional 1 year periods. Will these options to extend the contract include an increase of factors due to Miami Dade heavy wage Increases annually? A14: Please refer to Section 3 —Supplemental Terms and Conditions, Article 8. "Economic Price Adjustment," 8.3. which states that "The Adjustment Factors submitted with Job Order Contracting ("JOC") for Horizontal and Vertical Construction Services RFP No.: 18-19-001 Addendum 1 the bid shall be used for the full term of the contract." A Contractor's Adjustment Factors shall remain constant throughout the entire term of the contract, including the extensions. In lieu of updating the Adjustment Factors, a new Construction Task Catalog® will be provided each year. Q15. The title of this RFP indicates the JOC for Horizontal and Vertical Construction Services. We have no intentions on pursuing the Vertical component of this RFP. Should the title be revised to "JOC for Horizontal and/or Vertical Construction Services" as discussed in the Pre-Bld last week. This will help our bonding company with the perception that we are pursuing vertical work. A15: Please refer to the Notice to Contractors, page 7, which states "Proposers may submit Proposals for one or both Services." See also Section 1 — instructions for Submission, Article 9. Preparation of Proposal, which states "Proposers may choose to propose 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). Q16. In Page 8 of the RFP it indicates the requirement of providing 6 projects completed within the past 3 years; however, under Page 12 Tab 2 it indicates the following requirements: - 5 Projects of $50K or less; - 5 Projects between $50K and $250K - 5 Projects- greater than $250K Please clarify. A16: Please include the "6 projects completed within the past 3 years" within the 15 projects required by Tab 2: Comparable Construction Experience, ail of which must have a final acceptance date after January 1, 2013. Q17. Page 10 requires that we self -perform at least 30% of the work. Do we have to submit our equipment list with personnel availability to prove that we are capable of performing this work, I don't see it as one of the requirements. A17: No list of equipment or personnel is required at this time. Q18. Page 12 requires the proposer to meet or exceed with SBE and Local Workforce participation goal of 15%. Since we are unable to determine what project we will actually receive, it will be very difficult to identify the percentage of work. It was discussed In the pre - bid meeting that we should be able to provide typical small business firms that we intend on using with the value and percentages to be placed as to be determined. Please confirm or clarify.. A18: The SBE and Local Workforce participation goals remain as stated in the RFP. Contractors must meet the SBE and Local Workforce participation goals with respect to each Job Order Task assigned. However, please refer to A6, above. Q19. The RFP states that the bidder must be in business under the same name for at least five (5) years. We are a newly incorporated company under our present name, but our staff has been in the underground and general contracting business for nearly three decades. In fact, our key staff have worked in both state, and municipal governments as well as the Job Order Contracting ("JOC') for Horizontal and Vertical Construction Services RFP No.: 18-19-001 4 Addendum .1 | notruuUonomutorforthaoame thirty years. Ad (superintendents, quo|lfi&e.and project ynonaooro) have successfully completed ovar$30 K8U||oD cf''JVC' contracts in past 12yaans and presently hold a 8oVroaVVeU }C)OC contract |Mthe State of Florida, Finally, we have secured over $50 Million in bonding capacity to provide you with the insurance that w/ecan and will complete all projects aoaignedtoUs.Ou[|ioennoho\dero (GC and UG\ both have well over 6 years of business and toshn(om| experience requested, Therefore, my question is, "Can the 5 years' experience of the quoUfiere, be considered as or in leu of the 5 years' experience under the business name." A1g,The minimum requirements must bmmet bythe Proposer, and not hy staff mnemmbcna. 020.CEG has been providing construction services since 2006 13 under Certified General Contractor License No. 15128O6.From 2OOO'201a,it did aoosCEGConsultants Inc., and haQ|nO|ng in 2018. aoCES Construction, LLC. Please confirm that CE8, with a term of experience in excess of the required five (5) yeGrs, will be considered to have noGd the 5'yearexperience requirement bythe F|FPdespite the name change. #20: The rnlnimnonu requirements must be met bythe Propose. Q21. Please confirm the firm may include relevant experience and references from proposed staff members hxsatisfy the experience requirement ofsix 8Bseparate projects xvith\nUlgpaa1 three 0>years. A21: Please refer to Al 9, above. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT �*�������UU ��U����� �������F, ...~---~^~'__--__'--_''''-'' THEREOF. Contracting ("JOC7for Hohzonta|and Vertical Construction Services RFPNo.;i8'19-0O1 City ofMiami Department ofProcurement Addendum TABLE OF CONTENTS TAB 1: COVER LETTER.........,... ..... ...... . ........... ..... ..... TAB 2: COMPARABLE CONSTRUCTION EXPERIENCE 2 1. Five (5) projects whose final value including change orders is equal to or less than $50,000. 2 2. Five (5) projects whose final value Including change orders is greater than $50,000 but less than or equal to $250,000. 8 3. Five (5) repair and rehabilitation projects whose final value including change orders is greater than $250,00014 TAB 3: KEY PERSONNEL 20 TAB 4: SAFETY 24 TAB 5: SBE AND LOCAL WORKFORCE PARTICIPATION PLAN29 TAB 6: PRICE (ADJUSTMENT FACTORS) 30 TAB!: OTHER DOCUMENTS REQUIRED WITH THE PROPOSAL 40 1, Bid Bond40 2. Questionnaire 44 3. Customer Reference Listing 57 4, Office Location Affidavit65 5. Certificate of Compliance 68 6. Local Workforce Participation Proposal 70 TAB 8: SUBCONTRACTOR ULTILIZATION FORM, COMPANY LICENCES AND LOCAL BUSINESS TAX RECEIPT 71 • City of Miami - Request for Proposal RFP #18-19-001 Job Order Contract for Horizontal and Vertical Construction Services r114*' LEGO CONSTRUCTION CO. "Building the Future with Intergrity and Quality° May 22, 2019 CITY OF MIAMI Department of Procurement 444 S.W. 2nd Avenue - 6th Floor Miami, Florida 33130 To Whom it may Concem: HUBZone - SBA U.S. Small Business Adrninistrafion 8(a) Certified Firm - SBA U.S. Small Business Administration DBE (Disadvantage Business Enterprise) CSBE (Community Small Business Enterprise) & Section 3 by Miami Dade County Florida State Certified General Contractor Florida State Certified Roofing Contractor MDC Certified General Engineering Contractor It is the intent of LEGO Construction to participate in the selection process for this solicitation be a chosen Construction Management firm for the Job Order Contract for Horizontal and Vertical Construction Services, With over 12 years of experience performing renovation, repair and new construction services. We are a certified SBE contractor specializing in Construction Management at Risk project, Design -Build, Design -Bid -Build delivery methods. We have had in the past, and currently have worked in continuing contracts with, Miami Dade College, the School Board of Broward County, Miami -Dade Public Schools, United Army Corps of Engineers, Miami -Dade Aviation Department and Jackson Health System. Since its inception LEGO has successfully performed over 250 construction and renovation projects within various active and high -risk facilities, across various counties. We have performed whole floor renovations, complete exterior facade renovations and improvements, correcting municipal code violations, installing and/or replacing infrastructure equipment and new construction. LEGO is committed in performing projects such as new construction, alteration, renovation and rehabilitation of City owned or leased property and facilities. Apart from capital maintenance, expansion of park and recreation facilities, community and daycare centers, administrative offices, fire stations and support facilities, police facilities, performance venues and Marinas. We understand the training, coordination, detail, timeliness, organization and care that is tied with the modernization of systems and facilities that are occupied, such as administrative offices, fire stations and support facilities, police facilities.. We understand the importance of participating in joint scope meetings, meeting budgets, schedules, minority goals and safety, quality and facility's regulations. As a local resident of the City of Miami, LEGO understands how to successfully develop, execute and conclude projects while complying with the City's regulations and procedures. All of our staff is equipped in handling multiple projects at the same time in various stages and can ensure to have sufficient capacity to procure individual projects through the Job Order Contract and manage the construction through Close Out. LEGO Construction prides itself in having a zero litigation policy since inception and is committed in resolving any procurement or construction related issue negatively impacting the performance of work. Sincerely, Luis Garcia President Igarcia anlegocc.com 786.385.7956 1011 Sunnybrook Rd Suite 905 Miami FL 33136 — Tel: 305.381.8421— Fax: 305.857.9916 WWW.LEG000.COM City of Miami - Request for Proposal RFP #18-19-001 Page 1 PROPOSAL FORM 1 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS EQUAL TO OR LESS THAN $50,000 1) Proposer's Name: LEGO Construction 2) Agency/Client Name: The School Board of Broward County 3) Project Name: North Fork Elementary 4) Project Number: P.001901 5) Project Value: $45,861 6) Achieved or Anticipated Final Acceptance after January 1, 2013 El Yes 0 No 7) Company Role: D Sub Contractor Ea Prime Contractor 8) Agency: 2 Public El Private 0 Other: 9) Percentage of Self Performed Work with the Company's Trades: 40 10) Project Type: Ed Vertical Construction ED Horizontal 11) Attach a separate sheet describing the scope of work: Ea Yes 0 No 12) Client Reference for Construction: (It is your responsibility to assure that the contact information listed is correct, If your reference can not be contacted, this project may not be considered.) Reference's contact: Name Joseph Avon Title Project Manager Telephone: (305) 216-2991 Email Address: ioseph.aoun@browardschools.com 12) Description of Any Problems or Major Issues Encountered During the Project (If Any) and What Was Done to Resolve: (Attach Additional Information as Necessary) None Job Order Contracting (JOC) for Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 139 RFP No. 18-19-001 Page 2 PROPOSAL FORM 1 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS EQUAL TO OR LESS THAN $50,000 1) Proposer's Name: LEGO Construction Co. 2) Agency/Client Name: Miami Dade Aviation Department 3) Project Name: MIA Executive Offices Painting 4) Project Number: MDADPW-008 5) Project Value: $41,674 6) Achieved or Anticipated Final Acceptance after January 1, 2013 Eit Yes ❑ No 7) Company Role: ❑ Sub Contractor ® Prime Contractor 8) Agency: II Public 0 Private 0 Other: 9) Percentage of Self Performed Work with the Company's Trades: 100 % 10) Project Type: ® Vertical Construction ❑ Horizontal 11) Attach a separate sheet describing the scope of work: I31 Yes 0 No 12) Client Reference for Construction: (It Is your responsibility to assure that the contact information listed is correct. If your reference can not be contacted, this project may not be considered.) Division Director for Facilities Maintenance Planning, Reference's contact: Name Ana Finol Title Engineering and Construction Telephone: 305.876.8310 Email Address: afinol@miami-airport.com 12) Description of Any Problems or Major Issues Encountered During the Project (If Any) and What Was Done to Resolve: (Attach Additional Information as Necessary) None Job Order Contracting (JOC) for 139 RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 3 PROPOSAL FORM 1 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS EQUAL TO OR LESS THAN $50,000 1) Proposer's Name: LEGO Construction Co. 2) AgencylCUent Name: Miami Dade Aviation Department 3) Project Name: MIA Building 727 and 728 Painting 4) Project Number: MDADPW-008 5) Project Value: 6) Achieved or Anticipated Final Acceptance after January 1, 2013 [31 Yes 0 No 7) Company Role: ❑ Sub Contractor IJ Prime Contractor 8) Agency: ® Public 0 Private ❑ Other: 9) Percentage of Self Performed Work with the Company's Trades: 100 % 10) Project Type: ® Vertical Construction ❑ Horizontal 11) Attach a separate sheet describing the scope of work: [if Yes 0 No $34,582 12) Client Reference for Construction: (It Is your responsibility to assure that the contact information listed is correct. If your reference can not be contacted, this project may not be considered.) Division Director for Facilities Maintenance Planning, Reference's contact: Name Ana Finol Title Engineering and Construction Telephone: 305.876.8310 Email Address: afinol@miami-airport.com 12) Description of Any Problems or Major Issues Encountered During the Project (If Any) and What Was Done to Resolve: (Attach Additional Information as Necessary) None Job Order Contracting (JOC) for 139 RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 4 PROPOSAL FORM 1 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS EQUAL TO OR LESS THAN $50,000 1) Proposer's Name: LEGO Construction 2) Agency/Client Name: Jackson Health System 3) Project Name: JHM OR Room sheet Vinyl 4) Project Number: P016042484-0-EMR 5) Project Value: $42,120 6) Achieved or Anticipated Final Acceptance after January 1, 2013 ® Yes ❑ No 7) Company Role: ❑ Sub Contractor ® Prime Contractor 8) Agency: ® Public ❑ Private ❑ Other: 9) Percentage of Self Performed Work with the Company's Trades: 15 10) Project Type: ❑x Vertical Construction ❑ Horizontal 11) Attach a separate sheet describing the scope of work: ® Yes ❑ No 12) Client Reference for Construction: (It is your responsibility to assure that the contact Information listed is correct. If your reference can not be contacted, this project may not be considered.) Reference's contact: Name Ise Nunez Title Vice President, Facilities Design & Construction Telephone: 786.277.5077 Email Address: isa.nunez(gnsmiami.orq 12) Description of Any Problems or Major Issues Encountered During the Protect (If Any) and What Was Done to. Resolve: (Attach Additional Information as Necessary) None Job Order Contracting (JOC) for 139 RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 5 PROPOSAL FORM 1 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS EQUAL TO OR LESS THAN $50,000 1) Proposer's Name: LEGO Construction 2) Agency/Client Name: Jackson Health System 3) Project Name: JHM Trauma DTC OR Repairs 4) Project Number: P01605143-0-EMR 5) Project Value: $34,137 6) Achieved or Anticipated Final Acceptance after January 1, 2013 ® Yes ❑ No 7) Company Role: ❑ Sub Contractor ® Prime Contractor 8) Agency: © Public ❑ Private ❑ Other: 9) Percentage of Self Performed Work with the Company's Trades: 15 % 10) Project Type: ® Vertical Construction ❑ Horizontal 11) Attach a separate sheet describing the scope of work: ® Yes ❑ No 12) Client Reference for Construction: (It is your responsibility to assure that the contact information listed is correct. If your reference can not be contacted, this project may not be considered.) Reference's contact: Name Ise Nunez Title Vice President, Facilities Design & Construction Telephone: 786.277.5077 Email Address: isa.nunezejhsmiami.org 12) Description of Any Problems or Major Issues Encountered During the Project (If Any) and What Was Done to Resolve: (Attach Additional Information as Necessary) Job Order Contracting (JOC) for 139 RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 6 City of Miami - Request for Proposal RFP #18-19-001 LE. _, CONSTRUCTION at City of Miami - JOC Contract for Vertical Construction Projects equal to or Tess than $50,000 wrier _ The School Board of Broward County �P. ofec•k�Name and = - Location • North Fork Elementary Ft. Lauderdale, FL Scope of Work New entrance, new covered walkway, fences and gates for a single point of entrance g p Construction �;, Cast. � $45,861 ' Comp`(etion . Date 6/6/2018 Owner Pro ect Mana er 1 9 Joseph Avon 305.216.2991 joseph.aoun@browardschoois.com Miami Dade Aviation Department p MIA Executive Offices Painting Miami, FL Exterior painting and stucco repair for the existing cracks on the executive offices building of the Miami Dade International Airport $41,674 9/21/2015 Ana Finol 305.876.8310 afinol@miami-airport.com • Jackson Health System y JHM OR Room sheet Vinyl Miami, FL The project involved vinyl floor repairs in three ORS located on Jackson main west wing where ICRA was used. $42,120 4/5/2017 Isa Nunez 786.277.5077 isa.nunez@jhsmiami.org Jackson Health System JHM Trauma and DTC OR re airs p Miami, FL The project involved vinyl floor repairs in three ORS located on Jackson main west wing where ICRA was used. $34,137 2/28/2017 Isa Nunez 786.277.5077 isa.nunez@jhsmiami.org Miami Dade Aviation Department MIA Building 727 and 728 Painting Miami, FL Miami Dade Aviation Department, Exterior painting of buildings 727 and 728, miscellaneous stucco repairs and replacement of existing construction joints $34,582 4/14/2016 Ana Finol 305.876.8310 afinol@miami-airport.com PROPOSAL FORM 2 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS GREATER THAN $50,000 AND EQUAL TO OR LESS THAN $250,000 1) Proposer's Name: LEGO Construction Co. 2) Agency/Client Name: Miami Dade County Public Schools 3) Project Name: Eugenia B. Thomas K-8 Center 4) Project Number: 01331100 5) Project Value: $192.101.41 6) Achieved or Anticipated Final Acceptance after January 1, 2013 El Yes El No 7) Company Role: 0 Sub Contractor 2 Prime Contractor 8) Agency: 2 Public 121 Private El Other: 9) Percentage of Self Performed Work with the Company's Trades: 38 10) Project Type: E] Vertical Construction 0 Horizontal 11) Attach a separate sheet describing the scope of work: El Yes 0 No 12) Client Reference for Construction: (It is your responsibility to assure that the contact Information listed is • correct. If your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Blanca Bazan Title Project Manager Telephone: 786.229.4336 Email Address: 911801ndadeschools.net 13) Description of Any Problems or Major issues Encountered During the Project (If Any) and What Was Done to Resolve: (Attach Additional Information as Necessary) None Job Order Contracting (JOC) for 141 RFP No. 1B-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page PROPOSAL FORM 2 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS GREATER THAN $50,000 AND EQUAL TO OR LESS THAN $250,000 1) Proposer's Name: LEGO Construction Co. 2) Agency/Client Name: The School Board of Broward County 3) Project Name: Olsen Middle School 4) Project Number: P.001833 5) Project Value: $176,588 6) Achieved or Anticipated Final Acceptance after January 1, 2013 ® Yes D No 7) Company Role: ❑ Sub Contractor ® Prime Contractor 8) Agency: ® Public ❑ Private ❑ Other: 9) Percentage of Self Performed Work with the Company's Trades: 53 10) Project Type: x❑ Vertical Construction ❑ Horizontal 11) Attach a separate sheet describing the scope of work: ® Yes ❑ No 12) Client Reference for Construction: (It is your responsibility to assure that the contact information listed is correct. If your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Joseph Avon Title Project Manager Telephone: 305.216.2991 Email Address: joseph.aounQbrowardschools.com 13) Description of Any Problems or Major Issues Encountered During the Project (If Any) and What Was Done to Resolve: (Attach Additional Information as Necessary) None Job Order Contracting (JOC) for 141 RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 •Page 9 PROPOSAL FORM .2 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS GREATER THAN $50,000 AND EQUAL TO OR LESS THAN $250,000 1) Proposer's Name: LEGO Construction Co. 2) Agency/Client Name: Miami Dade Public Housing 3) Project Name: Housing Re -roofing Hurricane Irma 4) Project Number: 19320 5) Project Value: $147.263.55 6) Achieved or Anticipated Final Acceptance after January 1, 2013 E] Yes 0 No 7) Company Role: 0 Sub Contractor 111 Prime Contractor 8) Agency: El Public El Private 0 Other: 9) Percentage of Self Performed Work with the Company's Trades: 50 10) Project Type: E Vertical Construction El Horizontal 11) Attach a separate sheet describing the scope of work: El Yes 0 No 12) Client Reference for Construction: (It is your responsibility to assure that the contact information listed is correct. If your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Gicelle Castillo Title Project Manager Telephone: 786.469.4146 Email Address: gcastil@miamidade.gov 13) Description of Any Problems or Major Issues Encountered During the Project (If Any) and What Was Done to Resolve: (Attach Additional Information as Necessary) None Job Order Contracting (JOC) for Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 141 • RFP No, 18719-001 Page 10 PROPOSAL FORM 2 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS GREATER THAN $50,000 AND EQUAL TO OR LESS THAN $250,000 1) Proposer's Name: LEGO Construction Co. 2) Agency/Client Name: The School Board of Broward County 3) Project Name: Dave Thomas Education Center 4) Project Number: P.001876 5) Project Value: $68,968 6) Achieved or Anticipated Final Acceptance after January 1, 2013 ® Yes LI No 7) Company Role: ❑ Sub Contractor ® Prime Contractor 8) Agency: ® Public ❑ Private 0 Other: 9) Percentage of Self Performed Work with the Company's Trades: 18 10) Project Type: x❑ Vertical Construction ❑ Horizontal 11) Attach a separate sheet describing the scope of work: ® Yes 0 No 12) Client Reference for Construction: (It is your responsibility to assure that the contact information listed is correct. if your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Joseph Avon Title Project Manager Telephone: 305.216.2991 Email Address:►oseph.aoun(cr�browardschools.com 13) Description of Any Problems or Major Issues Encountered During the Project (If Any) and What Was Done to Resolve: (Attach Additional Information as Necessary) None Job Order Contracting (JOC) for 141 RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 11 PROPOSAL FORM 2 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS GREATER THAN $50,000 AND EQUAL TO OR LESS THAN $250,000 1) Proposer's Name: LEGO Construction Co. 2) Agency/Client Name: Jackson Health System 3) Project Name: New Pharmacy at West Wing Jackson Hospital 4) Project Number: 5100946 5) Project Value: $217.350 6) Achieved or Anticipated Final Acceptance after January 1, 2013 2 Yes 0 No' 7) Company Role: 0 Sub Contractor 2 Prime Contractor 8) Agency: 2 Public El Private El Other: 9) Percentage of Self Performed Work with the Company's Trades: 41 10) Project Type: ID Vertical Construction 0 Horizontal 11) Attach a separate sheet describing the scope of work: EZI Yes 0 No 12) Client Reference for Construction: (It is your responsibility to assure that the contact information listed Is correct, if your reference cannot be contacted, this project'may not be considered.) Nunez Reference's contact: Name isa Title Vice President, Facilities Design & Construction Telephone: 786.277.5077 Email Address: isa.nunez@ihsmiami.org 13) Description of Any Problems or Major issues Encountered During the Project (If Any) and What Was Done to Resolve: (Attach Additional Information as Necessary) None Job Order Contracting (JOC) for 141 RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 12 PROPOSAL FORM 2 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS GREATER THAN $50,000 AND EQUAL TO OR LESS THAN $250,000 1) Proposer's Name: LEGO Construction Co. 2) Agency/Client Name: The School Board of Broward County 3) Project Name: Henry D. Perry Educational Center Child Care & Clinic Restrooms Renovations 4) Project Number: P.001734 5) Project Value: $251.482 6) Achieved or Anticipated Final Acceptance after January 1, 2013 ® Yes ❑ No 7) Company Role: ❑ Sub Contractor ® Prime Contractor 8) Agency: ® Public ❑ Private ['Other: 9) Percentage of Self Performed Work with the Company's Trades: 15 10) Project Type: x❑ Vertical Construction ❑ Horizontal 11) Attach a separate sheet describing the scope of work: ® Yes ❑ No 12) Client Reference for Construction: (It is your responsibility to assure that the contact information listed is correct. If your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Joseph Avon Title Project Manager Telephone: 305.216 2991 Email Address: Joseph.aounabrowardschools.com 13) Description of Any Problems or Major Issues Encountered During the Project (if Any) and What Was Done to Resolve:, (Attach Additional Information as Necessary) None Job Order Contracting (JOC) for 141 RFP No. 18-19-001 - Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 13 EGO City of Miami ~JOC Contract for Vertical Construction Projects $50,000 and equal to or less than $250,000 Miami Dade County Public Schools Eugenia D.Thomas K-8 Center Dono(.FL The project involved uplayground upgrades, opa0nQconcrete apal(ingrestoration, paint application, and other finishes. Repairs ofthe Eugenia B.Thomas K,8Center involved almost m total of77.072stwhich was completed ontime during anactive and occupied facility during the regular course ofthe school year. $192.10141 9/30/2015 8bmuoBozun 786-229.4336 911801@dadesobods.net The School Board of B�v�nd County Olsen Middle School Don�Beach, FL New Single point »fentry and interior renovations ofthemu�cmumondien�ng $1TO.5O8iUV 9n�O17 Joseph Avon 305.218.2991 joaeph.00un@Unmanduobmds'nom Miami Dade Public Housing Housing Re-mo�mgRemove Hurricane Irma Miami, FL and ��oceoh�g�s�r11houses � homes�ad.Remove and �p�cop�vwx��bad condition, including facia and soffit repairs. $147�O3m5 1�7�U18 G�eUmCoo@� ` 7ea489.414O ' goaatl@m|amidoda.gov. Jackson ,Health System New Pharmacy at West Wing Jackson Hospital Miami, FL New pharmacy for Jackson Hospital. Scope of work involves +/-3.VOOafofrenovation for anew phannacy.ACHAProject. $ 88.968.00 10/1912013 |saNunez 786.277'5077 |oa.nunez@jhsmiamiuqg The School Board of 8mvmud County Dave Thomas Education Center New Single point ufentry, new covered walkway, handnQondQa�u' * 217.J5O.00 4/1S�O10 Joseph Avon 3V521O.2991 jooeph.aoun@hmwavdsohoo|s.00m The School Board of 8nn�`nd County Henry D.Perry Educational Center CbUUCare &Qinio Rastmoma Renovations of5 resUnnmsand conversion cf open space into new child care development oem�«VVu�invohadnewm|oc�ium|«m»k. plumbing work, and mechanical renovations. $251.4M2.On _ 0/17�U18 � Joseph Avon 305.216.2881 ]oa*ph.aoun@bnxwmrdsohonls.00m PROPOSAL FORM 3 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS GREATER THAN $250,000 1) Proposer's Name: LEGO Construction 2) Agency/Client Name: Miami Dade Pubiic Schools 3) Project Name: EWF Stirrup Elementary School 4) Project Number: 01635400 5) Project Value: $716,409.94 6) Achieved or Anticipated Final Acceptance after January 1, 2013 0 Yes 0 No 7) Company Role: D Sub Contractor 0 Prime Contractor 6) Agency: 2 Public El Private El Other: 9) Percentage of Self Performed Work with the Company's Trades: 15 10) Project Type: 0 Vertical Construction El Horizontal 11) Attach a separate sheet describing the scope of work: Et Yes El No 12) Client Reference for Construction: (It Is your responsibility to assure that the contact Information listed is correct. If your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Mike Silva Telephone: 305.995.4275 Title Project Manger Email Address: msilva@dadeschools.net 13) Description of Any Problems or Major Issues Encountered During the Project Of Any) and What Was Done to Resolve: (Attach Additional Information as Necessary) None Job Order Contracting (JOC) for 143 RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 15 PROPOSAL FORM 3 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS GREATER THAN $250,000 1) Proposer's Name: LEGO Construction 2) Agency/Client Name: Miami Dade County/ Port of Miami 3) Project Name: Port of Miami Shed C demolition 4) Project Number: 2018.1163.01 5) Project Value: $1,311,824,64 6) Achieved or Anticipated Final Acceptance after January 1, 2013 El Yes 0 No 7) Company Role: 0 Sub Contractor E1 Prime Contractor 8) Agency: [i] Public El Private 1:1 Other: 9) Percentage of Self Performed Work with the Company's Trades: 25 10) Project Type: E1 Vertical Construction El Horizontal 11) Attach a separate sheet describing the scope of work: g Yes 1:1 No 12) Client Reference for Construction: (It Is your responsibility to assure that the contact information listed Is correct. If your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Gycelle Pino Title Chief, Contracts, Procurement & Materials Mgmt. Telephone: 305,347.4833 Email Address: Gycelle.Pino@Miamidade.gov 13) Description of Any Problems or Major Issues Encountered During the Project (If Any) and What Was Done to Resolve: (Attach Additional Information as Necessary) None Job Order Contracting (JOC) for 143 . RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 16 PROPOSAL FORM 3 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS GREATER THAN $250,000 1) Proposer's Name: LEGO Construction 2) Agency/Client Name: Miami Dade County Vizcaya Museum and Gardens 3) Project Name: Vizcaya Museum & Gardens Structural Historic Restoration 4) Project Number: VZ-MH001-13-R 5) Project Value: $1,705,000 • 6) Achieved or Anticipated Final Acceptance after January 1, 2013 j] Yes 0 No 7) Company Role: 0 Sub Contractor J Prime Contractor 8) Agency: ® Public ❑ Private ❑ Other: 9) Percentage of Self Performed Work with the Company's Trades: 24.69 % 10) Project Type: ® Vertical Construction ❑ Horizontal 11) Attach a separate sheet describing the scope of work: ® Yes ❑ No 12) Client. Reference for Construction: (It is your responsibility to assure that the contact information listed is correct. If your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Alice Arguelles Title Project Manager Telephone: (305) 527-3625 Email Address: alice.arguelles@miamidade.gov 13) Description of Any Problems or Major Issues Encountered During the Project (If Any) and What Was Done to Resolve: (Attach Additional Information as Necessary) None Job Order Contracting (JOC) for 143 RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 17 PROPOSAL FORM. 3 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS GREATER THAN $250,000 1) Proposer's Name: LEGO Construction 2) Agency/Client Name: Miami Dade Public Schools 3) Project Name: Palmetto Elementary School 4) Project Number: 01542200 5) Project Value: $801,198 6) Achieved or Anticipated Final Acceptance after January 1, 2013 Z Yes ❑ No 7) Company Role: 0 Sub Contractor x❑ Prime Contractor 8) Agency:12 Public 0 Private 0 Other: 9) Percentage of Self Performed Work with the Company's Trades: 19 10) Project Type: ® Vertical Construction 0 Horizontal 11) Attach a separate sheet describing the scope of work: ® Yes 0 No 12) Client Reference for Construction: (It is your responsibility to assure that the contact information listed is correct. If your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Peter de la Horra Title Project Manger Telephone: 305.562.0047 Email Address: pHorra@dadeschools.net 13) Description of Any Problems or Major Issues Encountered During the Project (If Any) and What Was Done to Resolve: (Attach Additional Information as Necessary) None Job Order Contracting (JOC) for 143 RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 18 City of Miami - Request for Proposal RFP #18-19-001 121 D:t C.Ct CD -a. CO LEGO coNsr.eucreceuc. • ob City of Miami - JOC Contract for Vertical Construction Projects greater than $250,000 ";:1"4.4';','-'15-`-- • -'-'-owrier - - - •:-., . • • - Miami Dade Public Schools Proiect.Ma the • - - ' ' - ' -and'Liocation ' Palmetto Elementary School Renovation Miami, FL .. . . '''''1. -,:,4-t- „..,..z.,.=,,,-,5,-:::::-.— - --4.--4-5.4..,..k.,-:.:"., ' • •• ' i .. - -oponstruction , -„ - &list ,- ' 1- t'',. ' -i'-'^...:P-a'f-4:ZK''.:,--2'... :Cbmpletion-, - -,-.-• .,riit . .. .. .- ''.'"7'.4.-,1- - , r._ .• - •••• • , - Pwrner.Project fYil,anager , ' The project consists of 22,000 sqft interior and exterior renovation. The scope of work includes new storefront window system for the entire school, Asbestos abatement, Demolition of portable buildings, New ADA bathrooms, Electrical upgrades, New intake/relief ventilators, roofing repairs, exterior glass doors, ceramic tile, drywall, plumbing work, play court resurfacing, newscoreboards and sod. $801,198 3/2012018 Peter de la Horra 305.562.0047 pHon-a@dadeschools.com Miami Dade Public Schools EWF Stirrup Elementary School Miami, FL Project involved the interior and exterior renovation of (40,600 SF) school areas. Project was completed in phases affecting classrooms and administrative areas which required multiple coordination with school $716,410 10/2J2018 Mike Silva 305.995.4275 msilva@dadeschoots.com personnel in order to maintain school operation without affecting classes and activities. Scope of work involved MEP shutdowns, complete renovation of two bathrooms, new HVAC equipment, plumbing and electrical upgrades, fire alarm and finishes, new CCTV cameras system, new soundscape panels to alleviate noise in cafeteria room. Exterior work included new concrete slab, new gutter roofing system, and water intrusion repairs. Miami Dade County/ Port of Miami Port of Miami Shed C demolition Building 879 is a design -build renovation to accommodate a new office space, supply room and tool room of an existing tool shed for the nearby hangar of the (FANG). LEGO encountered mold and lead in the existing office prior to the demolition, therefore performed mold and lead abatement in addition to the scope of work. The scope of work encompassed a complete interior renovation including a new HVAC . system, electrical system, fire alarm system, and modifications to the fire suppression system. It also included new interior walls, floors, and restrooms, and demolition and rework of the roof. $1,311,824.64 1/29/2018 Gycelle Pino • 305.347.4833- Gycelle.Pino@Miamidade.gov Miami Dade County Vizcaya Museum and Gardens Vizcaya Museum & Gardens Structural Historic Restoration Miami, FL Scope of work involved renovation and restoration of the east, west and south loggias, and renovation of the historic pool. Renovation work involved the following trades: structural concrete repairs, new concrete and reinforcing steel, structural steel, new glazing system, store front doors and windows, new doors and hardware, electrical, mechanical, engineered shoring, architectural precast, stucco, and paint. The project had to be performed in multiple phases. $1,705,000 9/30/2016 ' Alice Arguelles (305) 860-8449 alice.arguelles@miamidade.gov ount Sina Mi Medical Center . • Lowenstein Outpatient Rehab Renovation Phase 2. Miami Beach, FL Renovation of Lymphedema room, (2) ADA toilet rooms, Nourishment area, reconfiguration of all physical therapy areas, (3) exam rooms, Implementation of Cardiac Rehab areas, arid Pediatric room. The scope of work included reconfiguration of walls, new finishes such as acoustical gypsum wall partitions, acoustical ceilings, special rubber flooring, tiles, cabinetry, new doors including frame and hardware, paint entire area, relocation of domestic and sanitary piping, new plumbing fixtures, relocation of fire sprinkler system, replacement of (2) AHUs including condensing units and refrigerant lines, new LED light fixtures, new wall and floor outlets, relocation of new fire alarm devices, and fire alarm certification. Non-AHCA project $623,743.72 12/27/2018 Edith Catulo (305) 298-7455 edith.catulo@msmc.com PROPOSAL FORM 4 KEY PERSONNEL PROJECT MANAGER 1) Proposer's Name: LEGO Construction Co. 2) Project Manager's Name: Merida Lobo 3) # of Years with the Firm: 6 4) Experience: ® Vertical Construction ❑ Horizontal 5) # of Years' Experience: 8 6) ATTACH RESUME ® Yes 7) Client Reference #1 for Construction: (It is your responsibility to assure that the contact information listed is correct, If your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Blanca Bazan Title Project Manager Telephone: 786.229.4336 Email Address: 911801@dadeschools.net 8) Client Reference #2 for Construction: (It is your responsibility to assure that the contact information listed is correct. If your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Bernard Eugene TitleProject Manager Telephone: 954.385.2000 Email Address: beugene@westonfl.org Job Order Contracting (JOC) for Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 145 RFP No. 18-19-001 Page 20 university of _Miarni:� Master;+of,Science in nglneering Emphasis In Structure EG T T S RA O�N S Tor!_ Ida'{State.e .G neral'ContractocGGC1523570 iSFiA 3 `Hour ,_-': `fa IN off:: SH'A 40'�Fi AZN%OPER�� o" _ li ealthcare'Co` `struc "on Certifition` ca$- i ��•�nt:, ...r.k? ..:�..., tt ( H CC);b ty{AS Qnstraction Quality; Management: for;. Contractor. 7SACE • CQM C.784) : f #18-19-001 ,[fit:.', , .Y,zi.s; "Yf::Y= ,.. : f, '.:1,: .•.U,y.v - :iJ, fT:�i:jl:''r° �.:f}':ijy`it Pr en LEVAN. '��• 'in: � , +. ,1�J:.. L: hi �- v.,."�' �.+V` ,x: ,3 s,.v!'/,:'• �Fi ndian:Ridge MiddlejScho`.i:�'l. School:Board b Broward:Cowl,,.,. ompleteRe=Roofing'Gightin'g EP:,Upgrades :Pairi'tiri tenor Finisfies'=�CooiingTower_&Chiller>Purrip Rep,laceri ,.. ..i'e.-rnent:Senio. ,oje:��t.Ma, ;.....t.. m lo• ee s' Invo v n dFrb ect �ypress:Elemenary: SchoolRenovation't; choo1BoardofBrowardCounty '2018 $29M FFP: o ete•Re `MEP'U rad ss= Music & [nR n nti ,Snpl.....=Rogfing:= :... Pg `Art,Roo e'- atioii"''In`terior'FriisFes:='hai n .•.,r ewFloorin ewCeflri ye Ivemerit: Project. a a :m p, to es�n , l vo ylVl n, gerii'�f""`�'t�"�^'.� TScan.'Room Renovation. acksonSouth'Comrnuni `Hos`ito _tY, , P. ( 017��=°$836K:=-�J.Q:C.. ter,:.:.:-•...,: orn Iete eovatioti' Ez ansion' sbesfos'Ab'ate' P p. „A es- HVAC antl IpgradesBatlirooSri:Renovation`s ADA°Corn liance 'IVledicalrGas` Shut=��`�:`•'; Towns`= infection Control`Level IV.;r-Flre`SprinklerSystem.`Nurse:Call System °ro ployee's lrivolveme0..Project Manager/ Quality:.Control_- efeterla ;Renovation; �NIEP.Upg.. 5, enovation'&7ADAComp4nce ;:Painting'_ mployee's'.Involvement Prgject Maria all* lementaly Scfjoof enovato:. Iiam, D_ ade.County Public Schools;00 er'ior;F,inislies h* Win'do'w Replacement .F. Sfirrulements Schoo .�Ren' VlJ:! 4 iam7`Ddde`Cou - r:- . ry;Pu. !c hbglsv; ;�201`6., ;$'866f! ireAIarm;System Replacement: -;MEP Upgrades-_FIVA �S' — •'tl .c ,[v,•%CIF ntertpr.Fiishes` Painti n , ,. ng,,Batliro,om`IrripkoVeinents�' mfo ees`� Invol verve ritcP':o ' . P .Y.-. r j� t`Ma e: PROPOSAL FORM 5 KEY PERSONNEL GENERAL FIELD SUPERINTENDENT 1) Proposer's Name: LEGO Construction Co. 2) Superintendent's Name: Nicholson Pierre 3) # of Years with the Firm: 5 4) Experience: 0 Vertical Construction Ei Horizontal 35 5)# of YearsExperience: 6) ATTACH RESUME t:3 Yes 7) Client Reference #1 for Construction: (It is your responsibility to assure that the contact Information listed is correct, If your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Eli Wright Title Construction Coordinator Telephone: 305:968.6977 Email Address: ewright@browardschools.com 8) Client Reference #2 for Construction: (It is your responsibility to assure that the contact information listed is correct. If your reference cannot be contacted, this project may not be considered.) Reference's contact: Name Spiros Dimitropoulos Telephone: 754.321.0505 Title Project Manager Email Address: sdimitropoulos@browardschools.com Job Order Contracting (JOG) for 147 RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 22 ?almetto,:Elerner /I1arp Dade.`Cgiintji"Pirb(c'Sctiools;:' -24; :afeteria'Renovation ?MEP Up rages' Inn enmploovation'&'ADA Compliance'=..Painting? Eyee's involvements Su eririten -:11VF v Stirr,up.Elementar iaml `Dade:Co`unty;Pi bhc Sci oois;1 ter;: ! -. =:�4,=;-:=•r.::': Alarrii:5ystem Repiaceii%ent;:MEP iitesior Finishes y Painting=Bathrov ?mployee's lnvoivement::'Su Jose' artiMAST;6.-I2 vllam,Dade`CauntyPubiicschools'> ire Alarm Recs tification 'MEP -Upgrades AC;Upgrades:- New:Acous eil n+ STEM i ab lm rdvements - Painting ow`Repiacement`:t l" 's.lnvolvement:'Su eri"niesiclent° ::t=, i;s `ri .,s; East'..Tower th'.06,Or`Moder' ackson`Flealth yst �; ?:=�:; 4m `le'to:De olition:= Occu' ied Durip' Co''nstructio'n=,,infection Coat't'ai'' 'lass IV Eritergency Power; Fire';Supprress on & F larm' ,Life:Safety Syster .'I;-... :R. h� •:w< .. .,F»t�.. 4 ;,<, a�.�i tE(i V<iirse Call`5y"ste_rTrasitipp, Spaee"_.Nrilse lvljt getiaa 'Medical Gases -:_.: estos Abatement ;:Multiple MEP Shutdowns Transition'Spacei:• : ' :mpioyee's;ln 01!i.e nent;;Superinteriderft „ u }' n ;s` ; �, zk;a si:_ •'"4rit„'7 � _ .;y, '>t:`- ;4.4:�5, ':«f,i i-,,-, ,�^� Vie, .z,4 ('• .,, - >:k. ;} "'s.t .7}r .•h'•( :`ry,,; .4: 'Ik".A�tt ,T'i;�.''�>,:xy +4$.a;': : :r. ��i � '�� et; ;.c-:'�.n�..'< -���t. :n�a ys•,>, .#,., .dr; .;a,i�[y��f `f^'��",�•Y`;�; New MRI Room:Build 3roward-Health'Norffi'. asipg;Project : [ rr ergency Power' F}re Suppres & Alarr %ystem Trasitiori Space ;.,_N Miitipie'MEP�;S•i�utdoi,ins" Tratsition5pae+ Employee's Invotvo ent ,;Supe �nteric1f ELwANT R2JECT EX?ER� 2'': 'jiF�. _ - _;(' ',:i s "=?:i'v' .'^ioi ` :ei',`:, ;^`a=•:='ir:J''4:i;Y3�;-#u?�. r ear eRidge°!;Middle• S ct ool Renovatric ctiool'Board'af eroward omptete Re=Roofing` `.Lighting== M> P=.Upgrades ;`:P_ainting'.,, ciaiin . Tower:'&`ChiUe'r.',=Pum ;Re • lace,.• e: t ` s '~`y '.: r :mployee's lnvoIveriient� Su erintendent; . ess:Elerr ent'a' +School R'enovati a chool Board,'of '8roi Jar,"d County :� ; -2O18 ri - = = oVmple'te,:Re-Roofing-`MEP;Upgrades'. `Music;& AttRoom, iterior,Finishes" _Painting;,;^ New Flooring;: ;f ew Ceiling; i :mplayee's Involvement:'`Superintendent==` 's= ``='' k. Eagle Ridge'•Elementa`ry Sch`oolFReno ch'ool,Qoard.of Browa"rd:County -. 2O1$, =,:; ; .,•.; _; , ire'Alarrn System Replacement MEPupgrades» Cafeteri "?oling Tower„New_Undergrou d Chilletl_V±Iati=i Pip ri 'ork:Replacernent 'Erriployee'sdlrivolverent Si _=*.t'•�':r,;� ;ifr} ;y; i; '�=.�i`.�r�;; -.ti+ :t�_t* �:ii'.`3'0' Reraovati ccupiedFp iritigGon " sion ; oise Mit�gat�on'MedicalGases:. TAB 4: SAFETY ��7,li.Nsws a • LEGO Construction's current EMR is 1.36 as stated on the letter of our insurance company, However it does not reflect LEGO's safety practices and procedures, LEGO Construction has had only two incidents since it founding in 2006 and has never had nay OSHA violations. In 2014 LEGO only had two worker compensation claims and since then no others have occurred. LEGO Construction has a strong history of good safety practices have increased even more since 2014 by having a safety officer on site conducting tool box meeting, and creating workshops and safety reviews with our employees to implement safety best practices on the field. Every employee that is assigned to the field is certified in OSHA 30 and every capable/ labor is certified in OSHA10 City of Miami - Request for Proposal RFP #18-19-001 Job Order Contract for Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 24 Collinsworth, Alter, Fowler'& French, LLC Insurance February 25, 2019 Luis E. Garcia Lego Construction Co. 1011 Sunnybrook Road, Ste. 905 Miami, FL 33136 Policy Description: Worker's Compensation Experience Modification Rate Dear Luis, Please be advised our agency provides the insurance services for Lego Construction. The current worker's compensation 1.36 EMR is an aberration and not a true reflection of Lego Construction's safety policies and culture. Lego Construction has a history of strong job site training and safety procedures and has never had any OSHA violations. Over the past five years, Lego Construction has had only two worker's compensation claims, however, one significant claim caused the EMR to increase. Lego does not have a history of frequent worker's compensation claims. We trust this information is helpful and please feel free to contact us with any questions or if you need any additional information. Shawn Burton, CIC 8000 Governors Square Blvd • Suite #301 • Miami Lanes, FL 33016 • (305) 822.7800 • Fax (305) 362.2443 City. of Miami, Request for Proposal .. REP.#.18...1.9-Q01....... Page 25 WORKERS COMPENSATION EXPERIENCE RATING NCCI Risk Name: LEGO CONSTRUCTION CO Risk ID: 091917629 Rating Effective Date: 05/03/2019 Production Date: 01/15/2019 State: FLORIDA tr, e., ; ; ••�Tri't�;A .,rijlV.t. „ ;` r;..i • �Eirgess. � ; �`{�,; ;� �Ex�ecte ,, . ;�.�-E�i+ "r in,f� ` .�,�„i. � - _cox 7A�c 'Eii�' Lose '?`-t3alta �;. � i�, .,,�: ? •� ,,�;� r.. �.'�r,gr�*r.+.�'+4*4±ryY:�. r.,, .-+.,a.Kwi �,Aht-trlc-tTos�lfs�, cf: � ,� �,.�-.. x. e 'r Iz. = „qa, ^:Jt�ii t, ' ,J '";, 3,.p55! .z, �:d ,.y )"i 3'05�05'€ 2G. Ky ..._N.1t'M"G.( yt QA ' , t �i,'?"�.'Z'. 1Un fa 5 i,,r'4 ?"s°'fi} 3iyS ,eAAt't a P4+ _ as"."�'yi-cri�.�:'Y.'�„�a, :jai :-7 .'rt' ' " 3` � es$es. ,uF\ a:*`.z" FL .'�. .08 ..�... 14,002 20,802 6,800 72,826 '" 24,000 91,204 18,378 jy- - ki y : r S}'E''y`y[�}ryy'##•,Eistc ss ; ' .. i.``; 'z ac{{4ad: ' E}>Ezp' �'.: r_. •rir'ri. ..y, ++:::fqqf4`{Faai,Aat�€ tcf. ;�`(G}t al asti a , , }?A;tt ;; "• i ; 2.` H t (ij:fAl` grim `'` - !:lt ' �, ', ti "sAd.f.':Sr.�4r.,�`.tgwe{.,,:,�.rvIvy�cY :Os a (D -• c} f kr,rxixk.�t,�+? i �33 C,ostes: y,m4 ; [: .%n ; s t t1..F,lxti`'`ft•4' . Os§.9#1;�,�tzd " iia:'iz,n'l3+:b.gy ' !PAseS?G3?> ) " i^1i`r+F: 4 -..'n.vg.4 1 a�£ s #. �' , r ,?d,,eiQ' 4sses4^>' l'i .08 14,002 20,802 6,800 72,826 24,000 91,204 18,378 18 ,378 f.1 =$s-53+'�a�t5s�`'X-rxniR" .Y��`-}.�`'1'fc�,+�3. r;„„,F[(.t..1!.oy•fi�;s '}4yyQ�in!a '.x., 3-�w:>}�•t•w„a'"y>„-�T.i`�'�`[`+nf8��:rF,�',l.t�;w'K0.5•`r.5. $ny.�a&j.,,.'�•'"5,�3�''.i[[;y,,W4iM?� ��',`%-; L:A>'�•�z�.s..)$,vr':,°`:.�}� F.�- e< , nl- y,,�;i=S.ir,'�I��...�. <4k r - ... +r.,�'}I-�.�'' •i(�-ib,y#*: (I) C*(1-A)+G (A)*(F) (J) Actual 18,378 36,882 5,826 61,086 (E) C*(1-A)+G (A)*(C) (K) Expected 6,800 36,882 1,120 44,802 �-� ?i:f.�r-, .; S ... : .+a a`'3-.. fic. �� � °;,r. yarbR%1Pn:: �-dye','���„�ityrf7,�:)-r`�'::�»n. ,,. �.fir�fi�.r`+r�,s,r` ref i,*.:'v;}y ,iY,`<h� f ' Ir;,."Jr„e. r.-,rtt,�; s�Ft»i4RiAi?r;tt�' .$ �,,t.�Fe ,. .,�:c..;..�.wr.7,�� :t JJ,,.S}it. K' ¢:1 : ',ai: ,;``t�r,''�3,,S,IARAF?., .,i. ,�, ,, .,. ; r�..�(._�;-,r�' iY S „r°4q'._R,.:001iii E,ADd :. ry��..�1;�..�, pl.y ..r .n!i � .s.:>-.i��e:��p.� , ,-,;.r,�igtsn.! ,�`.,.n,.-:.- ...,...v�, t.'�..� € � .�: ..;,�. (J)I(K) Factors 1.34 1.36 THIS RATING CONTAINS ALL UNIT REPORT DATA EXPECTED TO BE RECEIVED BY NCCI. NO UNIT REPORT DATA IS EXPECTED TO BE SUBMITTED TO NCCI FOR THE FOLLOWING PERIOD(S): 09/06/2016 TO 05/03/2017. © Copyright 19952g19, An rights reserved. This product Is comprised of compilations and Information which are the pmpdetary and exclusive properly of Ihe,Natlonal Council on Compensation Insurance, Inc. (NCCI). No further use, dissemination, sale, Transfer, assignment or disposition of this product, In whole or In part, may be made without the priorwrltten consent of NCCI. Thls product Is furnished "As Is"As available° "With ell defects' and Includes Information available at the time of publication only. NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express, statutory, or Implied warranties, Including the Implied warranty of merchanlablllty, fitness for a particular purpose, accuracy, completeness, currentness, or correctness of the product or Information contained therein. Thls product and the information contained therein are to be used exclusively for underwriting, premium calculation end other Insurance purposes and may not be used for any other purpose Including but not limited to safely scodng for project bidding purposes. An responsibility for the use of and for any and an results derived or obtained Through the use of the product • and Information are the end user's and NCCI shall not have any liability thereto. City of Miami - Request for Proposal RFP #18-19-001 Page 1 of 3 Page 26 WORKERS COMPENSATION EXPERIENCE RATING Risk Name: LEGO CONSTRUCTION CO Rating Effective Date: 05/03/2019 Risk ID: 091917629 Production Date: 01/15/2019 State: FLORIDA 09-FLORIDA Carrier: 24570 Firm ID: Firm Name: LEGO CONSTRUCTION CO Policy No. 001WC14A72618 Eff Date: 09/07/2014 Exp Date: 09/06/2015 ti0 9:'Y• :ts,,;� =" -r, : } .��. � ��k,.�. a` l:;>w �a.s , ,��l� Ratio. Reg ,.F. t, a roll � �; }]j WWW. µ ,.sa . �',rz°'fil:rar, t.:ni;,t. r:;r , !t`i, 4�> Ex ecte � �1i1'. i'fi ff'�� c :Losses 'k��•S.c.. ..,,. i x,h� eZ :i ...,: +;.h • '•}T- ;.� .t�X..�nm-�, `u p, , �M losses'S4 ',-a' itE1N.�F 'i�'. w:'s i$�j? :k`?S. , ....(=n: ' 2 �t:• .. •". .. CWM baa°� � YR�N `tit i�'iv� ,r, -1 �l „NtrXau"r;i;. r, , ..ef t,.' : ; I� ; t r �`�i "; S Q, F: •1 gig:..f.�.,, "*ui '�-S :. .r,,t..;,?�Ks'[ ^ e;J�; -,s: a Opp f •�?� ` n 3E`i}.t-, s't :s ~ °.}r�'^*,.L as eS , f§L+,' •.'�c�:s. iro,..�. (•��f P�,r�(� {�- ��" .� i 1!-`,.v5 ,r. )�1 �i" . a'g4,4Sgf,W i,,t..'s �''a .., .^Hart 17,000 5020 4.22 .36 25,418 1,073 386 C00140744 05 F 89,826 5403 3.43 .32 57,355 1,967 629 5445 2.80 .32 22,956 643 206 5474 3.34 .32 39,495 1,319 422 5606 .54 .32 267,303 1,443 462 8742 .14 .36 51,058 71 26 8810 .08 ,43 110,684 89 38 9765 WORKPLACE SAFETY ( -132 -43 9812 EMPLOYERS LIABILIT 0 0 9841 DRUG -FREE WORKPLAC -324 -106 Policy Total: 574,269 Subject Premium: 21,849 Total Act Inc Losses: 89,826 09-FLORIDA Carrier: 24570 Firm ID: Firm Name: LEGO CONSTRUCTION CO Policy No. 001WC15A72618 Eff Date: 09/07/2015 Exp Date: 09/06/2 `Code` ,... tt; -: ,, ` l4Lft 4i � 6?r ' , l s, s3 ., ., ,'aD .,� _ , , , . f a .�; f Y «t'PaYr.Il::.w,;Ei(pected`a,?5 , s: .r r r:, . r,, , ,,, � •_{ • s L'•dss s ! s5.. � e .'�: .5` 4.• £. ti7 i Exp,Prtxi:G ter f 1: � s'Loss` $r<<: .x*„a.l:.,..».>�-n.r+,i.f.as.*tH. l 1. ' , (,. E aimsbata , ; , , .;cf,;:..,z e 1';:p a : x .t.�,,.a � ..Ak .: �} ;mAcI c�f�;'.:,....::;: ; . �.1.. ss . �. e -�� fl;< ct.P i!1.1 4 3 . � $... �'.. 5348 1.78 .36 28,761 512 184 5403 3.43 .32 105,687 3,625 1,160 5474 3.34 .32 30,515 1,019 326 5606 .54 .32 .395, 728 2,137 684 8742 .14 .36 105,613 148 53 8810 .08 .43 94,810 76 33 9812 EMPLOYERS LIABILIT 0 0 Policy Total: 761,114 Subject Premium: 24,775 Total Act Inc Losses: 0 ©Copyright 1993-2019, All rights reserved. This product Is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc. (NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this product, In whole or In part, may be made without the prior written consent of NCCI. Thls product Is furnished "As is° "As available" "With all defects' end includes Informatkm available at the time of publication only. NCCI makes no representations or warranties of any kind relating to the product end hereby expressly disclaims any and all express, statutory, or Implied warranties, Including the implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, currentness, or correctness of the product or information contained therein. This product and the Information contained therein are to be used exclusively for underwriting, premium calculation and other insurance purposes end may not be used for any other purpose Including but not limited to safety scoring for project bidding purposes. Ali responsibility for the use of and for any and all results derived or obtained through the use of the product end Information are the end usefs and NCCI shall not have any liability thereto. • Total by Policy Year of all cases $2000 or less. D Disease Loss X Ex^Medical Coverage U USL&HW C Catastrophic Loss E Employers Liability Loss # Limited Loss Page 2 of 3 Page 27 City of Miami - Request for Proposal RFP #18-19-001 WORKERS COMPENSATION EXPERIENCE RATING Risk Name: LEGO CONSTRUCTION CO - Risk ID: 091917629 Rating Effective Date: 05/03/2019 Production Date: 01/15/2019 State: FLORIDA 09-FLORIDA Firm ID: Firm Name: LEGO CONSTRUCTION CO Carrier: 15660 Policy No. WC210505800 Eff Date: 05/03/2017 Exp Date: 0 .(`lode: ; Lf2.: ,-fb i 'Pa"r:Qit. .y, .: s .*.recta ,, ;.y: t ;s...p.,;1. . y e f •- x• Losses . .. �i �'., .5 �..�,�,3r:.. EI s: ? 1. , P {�:rir►l� { i? ihs:a., a".( > � 1,o5ses _�.#ry}ty .i::.Mc.3fTCPi!: : ;Claim Data'ae a r rz. , it si. , �%{� ^i�: ,. ,;- s, 'Y -,N�+�1`"fn•. _tJ.��i. iJ. r is; Y` a l�a^O�Jse..S'�''' Q -1.. r '1 Orbit p .;r, A�t;Jncalr;` €• a�u .'lv,(${�.��`l �:.§`s ,..srt..:y.'sys. �_. 1,378 5348 1.78 .36 2,188 39 14 2111495 09 F 1,378 5348 1.78 .36 19,691 350 126 5403 3.43 .32 6,334 217 69 5403 3.43 .32 57,002 1,955 626 5445 2.80 .32 2,912 82 26 5445 2.80 .32 26,206 734 235 5474 3.34 .32 3,333 111 36 5474 3.34 .32 29,993 1,002 321 5606 .54 .32 42,897 232 74 5606 .54 .32 386,060 2,085 667 8742 .14 .36 44,875 63 23 8742 .14 .36 477,788 669 241 8810 .08 .43 . 15,697 13 6 8810 .08 .43 141,278 113 49 9765 WORKPLACE SAFETY( -15 -5 9765 WORKPLACE SAFETY ( -138 -45 9812 EMPLOYERS LIABILIT 0 0 9812 EMPLOYERS LIABILIT 0 0 9841 DRUG -FREE WORKPLAC -37 -12 9841 DRUG -FREE WORKPLAC -339 -111 Policy Total: 1,256,254 Subject Premium: 27,840 Total Act Inc Losses: 1,378 © Copyright 1993-2019, All rights reserved. Thls product is comprised of compilations and Information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc. (NCO!). No further use, dissemination, sale, transfer, assignment or disposition of this product, In whole or In part, may be made without the prior written consent of NCCI. This product Is furnished "As Is -"As available" "With all defects' and Includes Information available et the time of publication only. NCCI makes no representations or warranties of any kind relating to the product end hereby expressly declaims any and all express, statutory, or implied warranties, Including the Implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, currentness, or correctness of the product or Information contained therein. This product and the information contained therein are to be used exclusively for underwriting, premium calculation and other Insurance purposes and may not be used for any other purpose Including but not limited to safety scoring for project bidding purposes. All responsibility for the use of and for any end all results derived or obtained through the use of the product • and Information are the end user's and NCCI shall not have any liability thereto. Total by Policy Year of all cases $2000 or less. D Disease Loss C Catastrophic Loss E Employers Liability Loss City of Miami - Request for Proposal RFP #18-19-001 X Ex -Medical Coverage # Limited Loss U USL&HW Page 3 of 3 Page 28 TAB 5: SBE AND LOCAL WORKFORCE PARTICIPATION PLAN In the past, LEGO Construction has successfully met each and every single small business participation goal that has been specified by the owner. On average, LEGO contracts 57% of its subcontracting work to SBE or MBE firms and is constantly working to increase that number year after year, To encourage subcontractor bid participation LEGO will: • Host between 2.3 Subcontractor Outreach Workshops prior to the broadcasting of the bid opportunity. This will help engage subcontractors prior to the due date because: o During these outreach events we bring staff that can help prequalify subcontractors so that we are able to ensure that subcontractors meet the minimum requirements imposed by the City of Miami, so that we are proactive in meeting those requirements rather than discovering, after they have submitted their bid, that they do not meet the minimum requirements. o During this outreach we are able to meet with the contractor in person and develop an in -person relationship with them which typically results in a higher response rate on bid day. o During these outreaches our attending Estimators take the opportunity to review any drawing/specifications with the subcontractors so that the subcontractors can address any concerns early on and help encourage the submission of bids from attendees. • Utilize the Miami Dade County Certified vendors list to identify eligible subcontractorslvendors. u 1-2 days before bid day our team of Estimators will contact local subcontractors and encourage then to submit their bids and to answer any questions that the subcontractor may have. We will reach out to manufacturing companies of the specified materials and request that they provide us with information to any local subcontractors they have successfully worked with in the past. LEGO advertises its invitation to bld and outreach events through various outlets to help ensure that It reaches as many subcontractors as possible. Some of those outlets include ISgFt and BlueBook. City of Miami - Request for Proposal RFP #18-19-001 Job Order Contract for Horizontal and Vertical Construction Services 29 City of Miami - Request for Proposal RFP #18-19-001 Page 29 Section 4 — SCHEDULE OF PRICES SCHEDULE OF PRICES (Page 1 of 11) Submitted: 05/29/2019 Date City of Miami, Florida Office of the City Clerk City Hall, 1st Floor 3500 Pan American Drive Miami, Florida 33133-5504 The undersigned, as Proposer, hereby declares that the only persons interested in this Proposal as principal are namedherein and that no person other than herein mentioned has any interest in this Proposal or in the Contract to be entered into; that this Proposal is made without connection with any other person, firm, or parties making a Proposal; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Proposer 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 Proposals, 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 Proposal; and that this Proposal is submitted voluntarily and willingly. The Proposer agrees, if this Proposal 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: RFP No: 18-19-001 Title: Job Order Contracting (JOC) for Horizontal and Vertical Construction Services The Proposer 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 RFP Documents, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the Bid Guaranty accompanying .the Proposal shall be forfeited if Proposer fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond in the time frame as provided in the RFP 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 Proposer agrees that these errors are errors that may be corrected by the City. In the event of a discrepancy between the price proposed in figures and the price proposed in words (if any), the price in words shall govern. Job Order Contracting (JOC) for 101 RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 30 SCHEDULE OF PRICES: (Page 2 of 11) Schedule of Prices Note: Proposers shall propose a set of Adjustment Factors, which will be evaluated. 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 (4th) decimal place using conventional rounding methodology (Le., 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 Proposers: A Proposer may choose to propose 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). Job Order Contracting (JOC) for 102 RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 31 SCHEDULE OF PRICES: (Page 3 of 11) HORIZONTAL CONSTRUCTION SERVICES Adjustment Factor for Horizontal Construction performed during Normal Construction Working Hours: NOT BIDDING (Specify to four decimal places) Written Amount Adjustment Factor for Horizontal Construction performed during Other Than Normal Construction Working Hours: NOT BIDDING (Specify to four decimal places) Written Amount HORIZONTAL CONSTRUCTION AWARD CRITERIA FIGURE The following formula has been developed for the sole purpose of evaluating and negotiating a 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 Job Order Contracting (JOC) for 103 RFP No.-18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 32 SCHEDULE OF PRICES: (Page 4 0111) VERTICAL CONSTRUCTION SERVICES Adjustment Factor for Vertical Construction performed during Normal Construction Working Hours: 1.0800 (Specify to four decimal places) One point zero eight zero zero Written Amount Adjustment Factor for Vertical Construction performed during Other Than Normal Construction Working Hours: 1 (Specify to four decimal places) One point zero eight zero zero Written Amount Adjustment Factor for Vertical Construction performed during Other Than Normal Construction Working Hours: 1 0 8 0 0 (Specify to four decimal places One point zero eight zero zero Written Amount VERTICAL CONSTRUCTION AWARD CRITERIA FIGURE The following formula has been developed for the sole purpose of evaluating and negotiating a Contract. Complete the following calculation. Line 1. Adjustment Factor for Normal Construction Working Hours 1.0800 Line 2. Multiply Line 1 by 0.80 0.864 Line 3. Adjustment Factor for Other than Normal Construction Working Hours 1.0800 Line 4. Multiply Line 3 by 0.20 0.2160 Line 5. Summation of lines 2 and 4 1.0800 (Award Criteria Figure) Write in numbers and words the Award Criteria Figure in the spaces below. 1 0 8,00 (Specify to four decimal places) One point zero eight zero zero Written Amount Job Order Contracting (JOC) for 104 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 33 RFP No. 18-19-001 ' SCHEDULE OFPRICES: (Page 5 of 11) - D|RET�OR'-P-ART-Yi�WH'tr.H Part 1: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No. 1.Dated MAY 17 ' 3019 Addendum No. 2.Dated Addendum No. 3.Dated Addendum No. 4.Dated Addendum No. O.Dated Noaddendum was received |nconnection with this RFP. Certifications The Proposer, by virtue of signing the Schedule of Prices form, affirms that the Proposer is aware of the fh|lovvng, and ahmU comply with all the obstad requirements. 1. Small Business Enterprise ("8BE")Requirements Proposer certifies that it has read and understood the provisions ofCity of Miami Ordinance 13331' codified as Section 18-89 of the C)b/ Code, pertaining to the implementation of o "Small Business Enterprise" requirement, Evaluation ofProponar'a responsiveness to Ordinance Section 13331 shall be a consideration in the avvond of contract. 2. Non -Collusion Proposer certifies that the only persons interested in this RFP are named herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this RFP Is made without connection orarrangement with any other person. Proposer certifies that the selected independent third -party verifier will verify and certify compliance data and reports honestly and accurately; and 3. Oruq Free Workplace The undersigned Proposer'hereby certifies that it will provide a drug -free workplace program by: (1) Publishing a statement notifying its anOp|Vyeeo that the unlawful n1anVfadurm, diatribution, dispensing, possession, or use of a controlled substance is prohibited in the Proposer'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 ofdrug abuse inthe workplace; (U) The Pnopoaer'o policy ufmaintaining adrug-free workplace; UU\ Any available drug counseling, rehabilitation, and employee assistance programs; and 0v\ The penalties that may be imposed upon employees for drug abuse violations qonun|ng in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); Job Order .fox 105 RFPNo. 1048f01 Horizontal and Vertical Construction ServicesCity of Miami - Request for Proposal RFP #18-19-001 Page 34 ' . ! / SCHEDULE OF PRICES: (Page 6 of 11) (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs(1) through (6); and 4. Lobbying The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission ofthis certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of no less than $10,000, but not more than $100,000 for each such failure. Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 106 RFP No. 18-19-001 City of Miami - Request for Proposal RFP #18-19-001 Page 35 SCHEDULE OF PRICES: (Page 7 of 11) * 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 Proposer 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 RFP, 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 RFP 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) Proposer 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) Proposer does have a satisfactory record of performance; (3) Proposer does have a satisfactory record of integrity; (4) Proposer does possess qualified legal standing to contract with the City; (5) Proposer shall comply with supplying all requested information connected with the inquiry concerning responsibility; (f) Proposer 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 Proposer, within the past five (5) years, which has not been reversed on appeal by a court of competent jurisdiction; or (g) Proposer has not withheld a payment or nonpayment of moneys due the City from the Proposer, 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 Proposer shall provide any information requested by the Chief Procurement Officer or contracting officer concerning responsibility. If such contractual party fails to provide the requested information, the determination of responsibility may be made upon available information or the prospective contractual party may be found non -responsible. The Proposer may demonstrate the availability of necessary financial, equipment, facility, and personnel resources by submitting: Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 107 RFP No. 18-19-001 City of Miami - Request for Proposal RFP #18-19-001 Page 36 SCHEDULE OF PRICES: (Page 8 of 11) (1) Proposer furnishes, upon request, evidence that the contractual party possesses such necessary resources; (2) Proposer affirms it has acceptable plans to subcontract for such necessary resources; or, (3) Proposer will, upon request, submit a documented commitment for, or explicit arrangement with, satisfactory sources to provide such necessary resources. Where the prospective Proposer is unable to certify to any of the statements in this certification, such Proposer shall submit an explanation to the City of Miami in writing. 6. Local Workforce Participation Requirements The Proposer certifies to the best of its knowledge and belief, that it and its principals: 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; 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 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 Proposer, by virtue of signing the Schedule of Prices form, affirms that the Proposer 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 Proposer and its Subcontractors. The Proposer is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. Proposer 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 items in the schedule of prices, nor be considered additional Work. Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 108 RFP No. 18-19-001 City of Miami - Request for Proposal RFP #18-19-001 Page 37 SCHEDULE OF PRICES: (Page 9 of 11) 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 [ j, 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 $125,000 Contract. for the sum of for Dollars ($ 125,000 ) for the Vertical Construction NOTE TO PROPOSERS: 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 Proposer 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: LEGO Construction Co. Signature: Printed Name/Title: Luis Garcia / President City/State/Zip: 1011 Sunnybrook Rd, Suite 905 Miami, FL 33136 Telephone No.: 305.381.8421 Facsimile No.: E-Mail Address: IgarciaAIegocc.com Social Security No. or Federal Dun and 1.D. No.: 20-4245999 Bradstreet No.: 825708287 (If applicable) If a partnership, names and addresses of partners: Job Order Contracting (JOC) for 109 RFP No, 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 38 SCHEDULE OF PRICES: (Page 9 of 11) 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 Bld Bond [A, 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 $125,000 for Dollars ($ 125,000 ) for the Vertical Construction Contract. NOTE TO PROPOSERS: 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 Proposer 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: LEGO onstruction Co. Signature: Printed Na it Luis Garcia / President City/State/Zip: 1011 Sunnybrook Rd, Suite 905 Miami, FL 33136 Telephone No.: 305.381.8421 Facsimile No.: E-Mail Address: Igarcia(c'D.legoco.com Social Security No. or Federal Dun and • I.D. No.: 20-4245999 Bradstreet No.: 825708287 (If applicable) If a partnership, names and addresses of partners: Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 109 RFP No. 18-19-001 City of Miami - Request for Proposal RFP #18-19-001 Page 39 SCHEDULE OF PRICES: (Page 10 of 11) I HEREBY CERTIFY LEGO Construction Co. of Florida , held on the 2 authorizing (Name) Luis Garcia bids on behalf of the corporation and corporation, shall be the official act and force and effect. that CERTIFICATE OF AUTHORITY (IF CORPORATION) at a meeting of the Board of Directors of , a corporation organized and existing under the laws of the State day of January , 2019 , a resolution was duly passed and adopted as (Title) President of the corporation to execute providing that his/her execution thereof, attested by the secretary of the deed of the corporation. l further certify that said resolution remains In full IN WITNESS WHEREOF,1 have hereunto set my hand this 22 , day of May , 2019 . Secretary: Print: Luis G CERTIFICATE OF AUTHORITY N/A (IF PARTNERSHIP) 1 H :Y 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 day of , a resolution was duly passed and adopted authorizing (Name) Title) of the to execute bids on behalf of the partnership and provides that his/her exec - ereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains In full fo d effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day • 20 Partner: Print: Joint ventures must submit a Joint venture to sign Bid documents on behalf of the Joint venture. If there Is no Joint ve venture must sign the Bid and submit the appropriate Certificate of Authority (corporate, partners CERTIFICATE OF AUTHORITY N/A IF JOINT VENTURE) tin • that the person signing this Bid Is authorized each member of the Joint CERTIFICATE OF AUTHORITY N/A (IF INDIVIDUAL) I HEREBY FY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Bid which this attestation Is = ed. IN WITNESS WHEREOF, I have hereun ..t my hand this , day of , 20 . Signed: Print: Job Order Contracting (JOG) for Horizontal and Vertical Construction Services 110 • •RFP No. 18-19-001 City of Miami - Request for Proposal RFP #18-19-001 Page 40 SCHEDULE OF PRICES: (Page 11 of 11) STATE OF Florida ) SS: COUNTY OF Miami Dade NOTARIZATION The foregoing instrument was acknowledged before me this 22 day of May �(11:5 c. 4. , who is personally known to me or who has produced as Identification and who (did / did not) take an oath. YLLe- SIGNATURE OF OTARY PUBLIC STATE OF FLORIDA ',(mil�i� PRINTED, STAMPED R TYPED NAME OF NOTARY PUBLIC Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 111 • •i?„'''':.,, RUSA RIPOLL '� Notary Public • 5t4u of Florida Commission ti CiG 1 B/840 ' My Comm. Expires Feb 20, 2022 ' Bonded through National Notary Assn. ,2019 , by RFP No. 18-19-001• City of Miami - Request for Proposal RFP #18-19-001 Page 41 SCHEDULE OF PRICES: (Page 10 of 11) CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY CERTIFY that at a meeting of the Board of Directors of LEGO Construction Co. , a corporation organized and existing under the laws of the State of Florida , held on the 2,aday of January , 2019 , a resolution was duly passed and adopted authorizing (Name) Luis Garcia as (Title) President of the corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains In full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 22 , day of May , 2019 Secretary: Print: Luis G - • CERTIFICATE OF AUTHORITY N/A (IF PARTNERSHIP) Y 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 day of , a resolution was duly passed and adopted authorizing (Name) Itie) of the to execute blds on behalf of the partnership and provides that his/her execu = ereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains In full fo - d effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day 20 Partner: Print: Joint ventures must submit a Joint venture to sign Bid documents on behalf of the Joint venture. If there is no Joint ve venture must sign the Bid and submit the appropriate Certificate of Authority (corporate, partners CERTIFICATE OF AUTHORITY N/A IF JOINT VENTURE) tin; that the person signing thls Bid Is authorized each member of the joint CERTIFICATE OF AUTHORITY N/A (IF INDIVIDUAL) 1 HEREBY FY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Bld o which thls attestation Is ed IN WITNESS WHEREOF, I have hereun ;t my hand this , day of , 20 Signed: Print: Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 110 RFP No. 18-19-001 City of Miami - Requestfor Proposal RFP #18-19-001 Page 42 - SCHEDULE OF PRICES: (Page 11 of 11) . STATE OF Florida SS: COUNTY OF Miami Dade NOTARIZATION The foregoing Instrument was acknowledged before me this 22 day of May �iAltai 4 , who Is personally known to me ,20 19 , by or who has produced as Identification and who (did / did not) take an oath. SIGNATURE OFNOTARY PUBLIC STATE OF FLORIDA 'Rroq golf PRINTED, STAMPED R TYPED NAME OF NOTARY PUBLIC HOSARIPOLL Noldry Public • Shim of Florida • Commission p GO 181848 • My Comm. Expires Fub 20, 2022 "'''tlondud through Ulundi Notary Assn. Job Order Contracting (JOC) for 111 RFP No, 18-19-001 Horizontal and Vertical Construction Services SECTION 5 - ATTACHMENTS BID BOND FORM (Page 1 of 3) State of Florida County of Miami -Dade City of Miami SS Lego Construction Co. KNOWN ALL PERSONS BY THESE PRESENTS, that as • Hartford Casualty Insurance Company Principal, as Surety, One Hundred Twenty Five Thousand and are held and firmly bound unto The City of Miami, in the penal sum of 00/100 Dollars 125,000.00 ($ ) 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 May22 , 2019 , for: JOB ORDER CONTRACTING (JOC) FOR HORIZONTAL AND VERTICAL CONSTRUCTION SERVICES, RFP No. 18-19-001 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. Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 113 • RFP No,18-18.001 City of Miami - Request for Proposal RFP #18-19-001 Page 43 BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this 22nd day of May , 2019 , 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 an affix seal.) Surety'•Secretary Gicelle Pajon Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 114 PRINCIPAL: Lego Construction Co. : U . •6� LAL ame of Fir c 2006 O ff1K :00 (Title) 1011 Sunnybrook Rd. Ste. 905 (Business Address) Miami, Plorida 33136 City State Zip Surety: Hartford Casualty Insurance Company (Corporate Surety) I7 ignature of Authorized 0 Charles J. Nielson, Attorney -in -fact icer Affix Seal (Title) One Hartford Plaza (Business Address) Hartford, CT 06155 City State Zip RFP No, 18-19-001 City of Miami - Request for Proposal RFP #18-19-001 Page 44 BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL I, LVt,s G: e1 the Corporation named Z' a. , certify that 1 am the Secretary of as Principal in the within bond; that of said corporation; that I know Ns 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 Before me, a Notary appeared Charles J. Nielson sworn upon oath, says Hartford Casualty Insurance Company ) SS _____zfti________(CO110k ti? �0 /. w eCpURA)F•'• ; C�-1.� y J70 ) Public duly commissioned, and qualified/itRersdially to me well known, who being by me first duly that he/she is the attorney -in -fact, for the and that he/she has been authorized by Hartford Casualty Insurance Company to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami, Florida. Subscribed and sworn to before me this 22nd ,d y of May �q,6\�`0�LFi p�iJ f /f/// i INSTRUCTIONS: Bid Bond ti �\ .iciN•,'N '`�Bs G;;,.- must be accompanied by ; c,0.. PRy4,?ti���„ j. Notary' ul 8fate of Florida at Large a Power of Attorney, in °�o w Gicelle Pajon compliance with Instructions for Submission #GGO58858 y : MyCommission Expires: `< <%` "fv Q°tided ��'a `�Q • y� January 4, 2021 r pi..' ••• ithiic usA, .?•e�,vU�•!..40/1,1141410 , 2019 _. Job Order Contracting (JOC) for . 115 Horizontal and Vertical Construction Services RFP No. 18-19-001 City of Miami - Request for Proposal RFP #18-19-001 Page 45 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: Jx X Direct inquiries/Claims to: THE HARTFORD BOND, T-12 One Hartford Plaza Hartford, Connecticut 06155 Bond.CIalmsathehartford.com oak 888-266-3488 or fax: 860-757-5835 Agency Name: NIELSON HOOVER & COMPANY INC Agonc Code: 21-229752 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana n Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut n Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois J Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : D. A. Bells, Tracey C. Brown -Boone, Natalie C. Demers, David R. Hoover, Stephanie McCarthy, Laura D. Mosholder, John R. Neu, Charles D. Nielson, Charles J. Nielson, Joseph Penichet Nielson, Daniel Frank Oaks, Brett Rosenhaus, Kevin Wojtowicz of. MIAMI LAKES, Florida their true and lawful Attorney(s)-in-Fact, each in their separate capacity If more than one is named above, to sign Its name as surety(fes) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments In the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. COUNTY OF HARTFORD On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described In and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said Instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. John Gray, Assistant Secretary STATE OF CONNECTICUT 1 ss. Hartford M. Ross Fisher, Senior Vice President CERTIFICATE Kathleen T. Maynard Notary Public My Commission Expires July 31, 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing Is a true and correct copy of the Power of Attorney executed by said Companies, which is still In full force effective as of May, 22 , 2019 Signed and sealed at the City of Hartford. Ih)A ra le Kevin Heckman, Assistant Vice President City of Miami - Request for Proposal RFP #18-19-001 Page 46. SUPPLEMENT TO SCHEDULE OF PRICES: QUESTIONNAIRE (Page I of 51 / m*^Xmnpmrtmnt'*m If Proposer is submitting on both the Horizontal and Vertical Construction Gen/icao unntnodm, submit e separate Questionnaire for each Contract service (e.g.. Horizontal or Vertical). This completed form MUST be submitted with the Proposal. The City nlay,at its sole discretion, require that the Proposer submit additional information not included in the submitted form. Such information must besubmitted within five (5)calendar days mfthe City`s request. Failure to submit the form or additional information upon request by the City shall result inthe rejectionofthe Proposal msnom-rempmnsive.Additional pages may beused following the same format and numbering. ' By submitting its Proposal, the Proposer certifies the truth and aoounooy of all information contained herein. A. Business Information 1. Hnvv many years has the Proposer been /n bVo|naae under its- current name and ownership? o.Professional Lice noea/Cadifioationm(include name and nunobar\° Issuance Date Certified General Contractor/ CGC151O788 8/31/2020 Certified Roofing Contractor/CGC1328977 8/31/2020 (Include active certifications of community small business enterprise & name of certifying entity) b. Date' Proposer was licensed by State of Florida Department of Professional Regulation: Januory23.2000 o. Qualified Business License: nxYemFlNo If Yes, Date Issued: d.What i the P r's primary business? General Contractor (This answer should be specific. For example; paving, drainage, schools, interior renovations, etc,) e.Name ofQualifier, license number, and relationship tothe Proposer: Luis Garcia, CQC151O7O8.Owner f, Names of previous Qualifiers during the past five (5) years including, license numbers, relationship tothe Proposer and years serving asqualifier for the Proposer: Luis Garcia, CQC151O788.Owner � ' 8. Name and Licenses ofany prior : � Name VfCompany License No. Issuance Date Job Order Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 117 QUESTIONNAIRE (Page 2 of 51 3. Type of Business Entity: ❑Corporation 12"S" Corporation❑LLC❑Sole Proprietorship❑Other: (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 Luis Garcia of ownership President 100% 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 Luis Garcia President ® ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Explanation for Other: (Note: "All" refers to any type of document including but not limited to contracts, amendment, change proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost" refers to CPRs, COs. No -cost refers to RFIs, Notices, and other similar documents). 5. Employee Information Total No. of Employees: 30 Number of Managerial/Admin. Employees: 10 Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) Carpenters- 5403 - MP - 4 Job Order.Contracting (JOC) for 118 RFP No. 18-19-.001 • •• Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-00.1 Page 48 ! � � ' � How many employees are working under H2Bvisas? None D. Has any owner mremployee ofthe Proposer been convicted ufefederal offense nrmoral turpitude? |fyes, please explain: 7. Insurance and Bond Information a. Insurance Carrier name and address: Colony Insurance Company Collinsworth Alter Fowler & French LLC, 800 Governs Square Suite 301 Miami Lakes, FL b. Insurance Contact Name, telephone, anda-nmo|: Wendy Aguayo woOumyo8D,noffIIc.00m 305.822J800 o. Insurance Experience Modification Rating (EMR): 1.38 (if no EMR rating please explain why) d. Number of insurance claims paid out by Proposer in last five (5) years and value: e. Bond Carrier name and address: HanjfondCasualty Insurance Company One Hartford Plaza, HO4'09.Handford.CTOO115 t Bond Carrier contact name, telephone, and e-[nmii: Charles J.Nielson Attorney |nFact Q. Number of Bond Claims paid out by Proposer in last five (5) years and value: 8. Have any claims lawsuits been filed against the Proposer in the past five (5)years. Ifyes, ' identify �aUwhere the Proposer has either settled oranadverse judgment has been issued against the Proposer. Identify the year basis for the claim orjudgment and settlement unless the value of the settlement is covered by a written confidentiality agreement. None Job Order 119 RFPNn 184S-01- Horizontal and Vertical Construction Services City u[Miami -Request for Proposal RFP#1849-001 Pago48 QUESTIONNAIRE (Page 4 of 5) 9. The Proposer or any officers of the Proposer currently under investigation by any law enforcement agency or public entity? If yes, provide details: None 10. Has the Proposer been assessed liquidated damages or defaulted on a project in the past five (5) years? ❑ Yes ® No (If yes, provide an attachment that provides an explanation of the project and an explanation). 11. Has the Proposer been cited for any OSHA violations in the past five (5) years? If yes, please provide an attachment including all details on each citation. No 12. Provide an attachment listingall of the equipment, with a value of $5,000 or greater, owned by the Proposer. B. Project Management and Subcontract Details 1. Project Manager for this Project: a. Name: Mariela Lobo b. Years Employed by Proposer: 6 c. Licenses/Certifications: CGC 1523570 d. Last three (3) projects with the Proposer including role, scope of work, and value of project: Please see attached 2. Subcontractors: Name Trade % of Work License No. Certification* Comfort Tech HVAC 12 % CAC057324 CV Ocean Plumbing 25 % CFC1427353 Superior Electrical Electrical 20 % EC0001759 WEA Electrical Electrical 5 % EC13008664 (*active certifications of community small business enterprise & name of certifying entity) Job Order Contracting (JOC) for 120 RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 50 City of Miami - Request for Proposal RFP #18-1 UEGO CONSTRUCTION CO City of Miami ~JOC Contract for Vertical Construction Proposed Project Manager for this project: ManelaLobw last 3projects with the company Mohola Lobo Role project Manager Project Manager Project Executive Project Name Jackson South CT Scan Interior Renovation MRI Suite Renovation palmetto Elementary School Location uf Pn�oct V333Syy1b2ndrNiami FL ----- '-- —�� . 2O1East Sample RdF1Louda«�JaFL �3309 124O1Syy74Ave pinenreu.FL3315G Owner Jackson Health System BmvwardHembh Miami Dade County Public Schools Value of Project $758.065 $765.573 $801.190 Completion Doha 3/24/2017 ' 4;2/2019 3/20/2018 Scope of work The CTScan project involved aninterior expansion cfanactive facility currently being used aaa reception area for the radiology department. Existing flooring contained asbestos which required meticulous abatement phased throughout the project. Installation ofanew air handling unit with duct work, dnainand vm�ersupply. Pn��talso involved -- complete 0m nvn ocomp . reform them 0oone ADAcompliance. Installation of lead drywall and the radiation leak test for new CT Scan Installation. The project consisted hnrenovating 3'UUO SFarea involving new K8R|room, Mechanical ugradao.New Ductwork and insulation, Test and Balance, major electrical upgrades, electrical panels, fire alarm upgrades, fire sprinkler upgrades, nusecall system, medical gases, ADA bodhnooms Infection . . damiUbon.AHCAproject, Drywall, new finishes and wall protection. The project consists uf22.00Ooqft interior and exterior renovation. The scope ofwork includes new storefront window system for the entire school, Asbestos abatement, Demolition cf portable buildings, NewADA b�hmomo.B��hco|upgrades, New intake/relief noo�ngne�gno . . exterior glass doors, cernmicbka. drywall, plumbing work, play court resurfacing, new scoreboards and sod. QUESTIONNAIRE (Pape 5 of 5) 3. Scope of physical construction labor to be performed by the Proposer 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) Demolition, Concrete, Roofing repairs, Division 9 ( interior and exterior finishes), Rough Carpentry 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 determining the Proposer's responsiveness and responsibility. This attachment must include the minimum number of projects required herein for the Proposer 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 Proposal submission. D. Proposer's References Proposers 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 Proposal submission. The City, at its sole discretion may allow the Proposer to submit the references after the specified date for Proposal submission. Job Order Contracting (JOC) for 121 RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 52 City ofMiami ' Request for Proposal RFP#i&4S-0O1 -0 co Ca a) 01 City of Miami - JOC Contract for Vertical Construction LEGO Construction- Current work Load , 3w,,,x,Tio—dettir pier: . ', .. ,- , • i: sy.csAre , . . . ' ' . - AT30,7.,ctig,wgro:;.. —, , 71.1 f . - .„ . k..-; ......gg' ....,..1t- , , + „. .--, ,,,,Hvaiiirffif-PF610 ' - 57.*.:i''''''-'-'-z.:•,'' ': se .‘-. , • Z -',.efit.a..Z .z.:- .: vecrt*TgSiloi ' -•'g' >?'• m:''N '9..i'alrqi.5ig* -44,:_'4"W'''''e.„.,.1V1'4,3,4"4 OA -'s • ...., ,AVf. ,z* -----q, ...k. -F" ''' ". :,-..*:,;)110144a. ''i-k-*11' ' ' ' ; *,.,5n,Lt. — v : .4), ,,, ,.z.,?. l'f0W1f.i•K*ZP:155#4164:11tA 044italfiAt9 ''''f#A14:41.19TAW1 Se ,; idg:„ -- „ --- : ..,--- .. • ' Miami DadeCcunty Public School Fairlawn Elementary School $792,389.90 Addition of new classrooms, site drainage upgrafes and basketball courts renovation. Mechanical, Electrical, Site, Stripping, TBD TBD Miami Dade County Public School South Miami Middle School $2,587,302.00 MEP upgrades,bathroom renovations, 26 classroom renovations, Lighfing, Glazing, iDoors Basket bali court improvents. Mechanical, Electrical, Plumbing Flooring ACT, Doors VVindows, Sh-ipping, Paint. Drywall 2-Dec-18 16-Jan-20 • • . . • " • ' School Board of Broward County • Castle Hill Annex $474,000.00 Renovation of existing mechanical • ' equipment, media center and Fire Alarm Mechanical, , . Electrical,Flooring, Fire Alarm painting TBD • • TBD Miami Dade County Public School Georgia Jones -Ayers Middle School $2,900,000.00 MEP upgrades, Fire Alarm interior renovation bathroom renovation, New PE Shelter, Basketball court renovation Mechanical, Electrical, Plumbing, Concrete, Masonry, Stripping, Drywall,Flooring, Fire Alarm TBD TBD . • • *. • City of Weston • - : • • • • • Fire Station Renovation #55, #67, #81 Renovations . , • • .. . $2,818,649.95 Interior renovations, bathroom renovations, New kitchen, MEP upgrades, flooring, Fire Alarm, Fire Sprinlder, and Flooring Mechanical, Electrical . ' Plumbmg,Drywall, Flooring, Fire Alarm, Fire sprinklers, painting 28-Aug-17 23-May-19 . City of Weston Police Station Renovation $1,322,603.97 Interior renovations, bathroom renovations, ,MEP upgrades, flooring, Fire Alarm, and Flooring. Mechanical, Electrical, Plumbing,Drywall, Flooring, Fire Alarm, painting 16-Apr-18 20-May-18 . • School Board of Broward County • • • Palm Cove Elementary School $2,794,956.10 Re -roofing, MEP upgrades, Glazing Mechanical, ElectricaLPIumbing, Windows 28-Sep-18 5-Aug-19 - Miami Dade Public SchoolLighting Rainbow Park Elementary School 51,950,255.00 MEP upgrades, Interior renovations, and site. Mechanical, Electrical, Plumbing,Drywall, Flooring, Concrete, windows, painting , landscaping, shipping 9-May-19 . 13-Jan-20 . - • • . • • ••itcZinni:Ll), • • • . • . .. . Miami Dade County Public School • . Lillie C Evans K-8 Center $1,999,999.00 Interior renovation , new shell construdion, site work, bathroom renovations and re- roofing Electrig:Fcrolo, ring, Concrete, windows, painting . landscaping, Stripping, TBD TBD Broward College • Cypress Creek HVAC $500,000 Remodeling of an existing mail room to new mechanical room and interior renovations. Mechanical, Plumbing, Electrical, ACT, Flooring Drywall, Conrete, Painting TBD TBD . •• . .. ,• Broward College : ••Gun • ' .•. • . . .• .• - - •• . -Vault B21 '• $104,000 Interior renovation of existing storage mom which includes removal and replacement of exiating acoustical ceiling, painting, . nstallation of security mesh above ceiling, and removal and reinstallation light fixtures and Mechanical diffusers, • . • • . . . Electrical, Mechanical, ACT, Fire spilnkJers, P Masonry, ainting .. • •17-Jun-19 • • 12-Jul-19 School Board of Broward County Silver Shore Elementary School $1,798,491.95 Re-roofing, MEP upgrades, Glazing and Rre Alarm Roo, wws, fingindoFire Alarm, Mechanical, 9-May-18 14-Feb-19 " The School District of Palm Beach •Pioneer Park Elementary School MEP upgrades, Fire Alarm and audio visual $3,960,000.00 coracles. Fire Alarm, Mechanical, Electrical,Plumbing TBD . TBD School Board of Broward County Pompano Beach Elementary School l ,p, e-roo..ng, Fire AlaArm.and Fire sprinkler $4,799,140.00 r Improvements, HV C improvements. I Mechanical, Electrical,Roofing, Fire Alarm, Fire sprinklers 2./22/2019 • 22-Apr-20 • City of Miami - JOC Contract for Vertical Construction LEGO Construction- Experience .i.", :,..cr'''. . ' r•Tratra.*.tt,fvre ., v. 90. tt- V' , * r . r 2. & kit, f „....csaier„, firainarerrid : -,„Frofict. Name . - nitial poet 4'. o ...• ' fits* ..or;.# , $765,573 aentrir ening° d'f, MIST No change cede:amber° Issued, contlgency allowance was wed. Cernpferierel29A., 4/12/2019 '',. T 06414006 Mechanical Fre Alarm. Fire Sprinklers Millwork Painting Drywall Flooring Braward Health Sandra Baena 202 ESample ad, Pompano B.d, R. 33064 New MR) Area far Broward Health North 993 2SW 152nd Street Miami, FL 33176 2017.018 Prime Contractor FFP The project consisted In renovating 3,000 SF area inwiving new MIRI room, Mechanical ugrades, NewDuctwork and insulation. Test and Balance, major electrical upgrades, electrical panels, bre alarm upgrades, fire sprinkler upgrade% nurse call system, medical 90060, ADA barthrooms, Infection control level 4, dereilitien, A.4CA project, Drywall, new finishes and wall protection. 5728,783 MiCaPm"uibaDlicaY d Stiwols Peter de la .,,,,, u14','0 NEgrlA'' 53:32MIOmI.Pl Pmel Elementary School Renovation . 74Ave Pinecrest FL 33156 0154200 Prime Contactor CM at Risk The projed consists of 22000 sot ntenor and exterior renovation. Te scope of wok incudes newstorerontwdowsystem orheentreschoolAsbestosabatement. Demoltion of portable budings, NewADA bathrooms, Eedrical upgrades, Nw intake/relief ventilators, roofing repairs, exterior glass doors, ceramic tle, drywall, plumbing work, play court resurfacing, new scoreboards and sod. 5444793 , $801,198 a Adtonal scopeoworn owner requests 3/20/2018 Plumbing Wndow Rooting Finthes Landscaping Mral Dade Public .„., „,k S`' 1410'1'7:2'7,d Ave, Miami, Ft 33132 EWF Stirrup Elementary School 330 NW 911) Ave Mlami, FL 33172 1635400.60 Prime Contractor CM at Risk The project consists of three phases for a total of 26.127 sqft involving new structural sett on tht corridors and walkway amas. Stucco application. eiderior pant. newcable tray, waterproofing system on the conidorareas, replacement of mansion jokier and concrete sealing repairs. $378,192 3716,410 Arki nal scope of work was added 018 Concrete Paint Electrical Canopy MiarraDade Seapert DePr'`""' lronk8omrlpl 1007 N. Amen, War. Suite 311 Miami, FL 33122 Port of Miami Shed C demolition 1720 Africa Way 201e-163.01 Prime Contractor Hard BM The project consists of the demolition of storage Sched C which includes asbestos removal and hauling. In addition, re-tintshing and stnicturally reinforcing an meeting FPL vault whde remaining fully operational 1,311,824.54 51,311,824.54 titrA 1129/2018 . Demolition Abatement Vizcaya Museum & Gardens , an'AM''' 32515 Miamintractor Ave,Miaml, FL 3sun ' Vizcaya Museum & Gardens Historic Presenration and Structural Restoration .,,,,, s ,,,,"`"'„ ""arn' Ave,''''' Miami, FL 33129 VZ.MH001-1 rime Desnn Bid Build Restoration of critical historic structural components at Vizcaya. East Loggia, Entrance Loggia (West), Enclosed Loggia (South), and replacement of large windows and doors at the historic archways and columns that enclose the Easr Loggia with an impact -resistant glass system. Repair of buliding pier at the svernming pool (adjacent and below the East Loggia), as well as that of structural floor gaining components above the ceiling over Warming pool and basement repaks. Arkfaional scope was added to perform a complete historic pool restoration, which required water blasting to remove the coating prior to resealing. $1,705,000 51,872,207 The discrepancy between the initial and final mires come from a change order that was made due to the owner's request to restore the pool. 11 /3/2015 Concrete Electrical Masonry Flooring Windows TheSchoof Strartiof Broward C''''''Y Joseph Avon 23072. awg5th st Bodin_'12 ..0, .., „, FL 3331.1. Indian Ridge Middle School 1355 S Nob Hill Rd. Davie. FL 33324 P.001748 Prime Contiacto FFP This project involved the complete renovation of the art and music roams (including all finishes). The replacement of furne-hoods, doors gas piping throughout the school and - painhn' g of tie exterior portion trite campus. Also involved MEP upgrades, including 2 cooling towem and replacement of 20 heat pumps, The renovation of tho school also included the complete reroofing of over 197,024SF of roofing with new SBS modified Brannen Roofing system. ,699,211.00 54,734,405.00 Unexpected field conditerns and design issues during construction 3/2 19 Concrete Electrical Roofing Lighting Mechanical Painting Plumbing Roofing TheSchoof Board of Steward County gor, 8,,,r. 230. Nw 2,,,, St ElOding 7" 0,...,,,,,,,, F133312.' Hein D. Peny Educational Center Child Care 2, Clink Restrooms Renovations 3400 Wildcat Way. DArantar, FL 33023 P.001912 Prime ContraMor FFP Renovations of 5 restrooms and conversion of open space into new chlid care development center. Work Involved new electrical work, plumbing work. and mechanical renovations. 5 11E00 - S251,482,00 , Owners rectilest and unforeseen mindere!. 6/17/2016 EDI 'wren ) Flooring Mechanical Painting Plumbing Doors mountSinal Medical ' center Bah CAM° 4300 Alton Rd, Miami BeaCh, FL 33140 Lowenstein Outpatient Rehab Renovation Phase z , 4309 Alton Road Miami Beach, FL 33140 CS017-12-17 . Prime Centred FFP Renovation of Lyrnphedema room. (2) ADA toilet rooms, Nourishment area, reconfiguration of ail physical therapy areas, (3) mom rode& Implementation of Cardiac Rehab areas, and Pediatric room. The scope of work Included reconfiguration of wails, new finishes such as acoustical gypsum wall partitions. acoustical ceilings, special rubber flooring, Nes, ralrinetry, newdoors including frame and hardware. paint entire area, relocation of domestic and sanitary piping, new plumbing fixtures, relocation of fire sprinkler system, replacement of (2) AHUs including condensing units and refrigerant lines, new LED light fixtures, newwalf and floor outlets, relocation of newEre alarm devices, and file alarm certification. NorFAHCA project 5549.48620 ,7 . abatement of asbestos, new ceiling gni', tile. new supPly aand return grill teouired piumbing changes for ADA bathrooms, additional comer guards added. 1 Plumbing Flooring Electical Frabhes Fire Alarm Fire Sprinkler Mechanical To Whom It May Concerti Subject: Reference Letter for Vertical Project olti*ngd ectl'oj LU117()�erte Emilio T, Gonzalez, Ph.D. City Manager Ike.„ P4913:9 Name of Proposer: LEGO Construction Co. The above referenced Proposer is responding to a Bid that has been issued by the City of Miami. The City requires that the Proposer provide written references with their Bid submission. By providing you with this document, the Proposer 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: Palmetto Elementary School Renovation Project # 01542200 rowing#Ser'3tiori,L F Y' TOO- �Y fl e Project Owner., Scope. of Referenced Work: The Scope of work consisted in a complete renovation of the art and music rooms including finishes, In addition to, various MEP works include raising existing plumping vents, replacement lighting protections systems to the replacement of four chiller circulating pumps. Exterior work included the complete re -roofing of 75,000 SF new SBS Modified Bitumen Roofing system and additional roof work such as a temporary roofing system, relocation of rooftop equipment, and hurricane tie -down straps at rooftop equipment , replacement of stands for rooftop equipment and rooftop ladder, and reinforcement of roof structure if needed for relocation of equipment that was performed at night and repainting the exterior of one building. Did the Scope involve the construction, installation, repair, and/or replacement of a stormwater pump station? 0 Yes © No Value of Project: $ 801,198 Date Completed: 3/20/2018 y Percentage of physical construction work self-performe •by Proposer: ICI % Was project completed on time and within budget: Yes 0 No If no, was the Proposer at fault or contribute to the delay(s) or increased cost? ❑ Yes 0 No If .yes, please provide details: Comments: Name of Project Owner: Signature of Project Owner's Representative: Date: Title: Project Manager �(,,/ ate, et ettrel Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 125 REP No, 18-19-001 City of Miami - Request for Proposal RFP #18-19-001 Page 55 Telephone: Sincerely, Annie Perez, CPPO, Director Department of Procurement E-mail: THIS SECTION INTENTIONALLY LEFT BLANK • Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 126 RFP No. 18-19-001 City of Miami - Request for Proposal RFP #18-19-001 Page 56 Emilio T. Gonzalez, Ph.D. City Manager To Whom It May Concern Subject: Reference Letter for Vertical Project • e, Following Section to be Completed by the:Proposer., . Name of Proposer: LEGO Construction Co. The above referenced Proposer is responding to a Bid that has been issued by the City of Miami. The City requires that the Proposer provide written references with their Bid submission. By providing you with this document, the Proposer 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: Port of Miami Shed C demolition 2018-163.01 4,1 e Following Section,to be Completed by the Project Owner. Scope of Referenced Work: The contractor shall provide all labor, materials, equipment and supervision necessary for the demolition of storage Shed C. Work includes asbestos removal and hauling. In addition, an existing FPL vault that Is located within Shed C will be structurally reinforced, re -finished and is to remain operational. Did the Scope involve the construction, installation, repair,. and/or replacement of a stormwater pump station? ❑ Yes © No Value of Project: $ 61,311,824.64 Date Completed: 1/29/2018 Percentage of physical construction work self -performed by Proposer: 25 Was project completed on time and within budget: ® Yes (] No If no, was the Proposer at fault or contribute to the delay(s) or increased cost? El Yes ❑ No If yes, please provide details: Comments: One of our best contractors. Great to work with. Name of Project Owner: Miami -Dade County / PortMiami Date' 16/2019 Representative: Signature of Project Owner's Re g jp Title: Chief, Contracts, Procurement, & Materials Mgmt. Job Order Contracting (JOC) for Horizontal and Vertical Construction Services • 125 RFP No. 18-19-001 City of Miami - Request for Proposal RFP #18-19-001 Page 57 Emilio T. Gonzalez, Ph.D. City Manager To Whom It May Concern Subject: Reference Letter for Horizontal Project ItigrAi.11-0i.li;Fticavel„fissr.prli 0 , litigifeqtaiaallgt6 • {,6.-474,;•Z "Pr :*-1 itql1, A111,11 qPiirl*110' ' Name of Proposer: LEGO Construction -Co. The above referenced Proposer is responding to a Bid that has been issued by the City of Miami. The City requires that the Proposer provide written references with their Bid submission. By providing you with this document, the Proposer 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: MDCPS- EWF Stirrup Elementary Project # 01635400 Itigr 'lowing SebtiOn to -be CoMpleted by the Projed Owner: , Scope of Referenced Work: The project consists of three phases for a total of 26,127 sqft involving new structural soffit on the corridors and walkway areas. Stucco application, exterior paint, new cable tray., waterproofing system on the corridor areas, replacement of expansion joints and concrete spelling repairs. Did the Scope involve the construction, Installation, repair, and/or replacement of a stormwater pump station? LIJ Yes No Value of Project: $ 716,409.94 Date Completed; 10/2/2018 Percentage of physical construction work self -performed by Proposer: 15 Was project completed on time and within budget: [311 Yes El No If no, was the Proposer at fault Or contribute to the delay(s) orincreased cost? Ej Yes Ej No If yes, please provide details: Comments: Name of Project Owner: M 0 e- P Date; r// ea Signature of Project Owner's Representative: Title: Project Manager Job Order Contracting (JOC) for 127 RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 58 Telephone: (305) 347-4833 E-mail: Gyselle.Pino@Miamidade.gov Sincerely, Annie Pere;, CPPO, Director Department of Procurement THIS SECTION INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 126 RFP No. 18-19-001 City of Miami - Request for Proposal RFP #18-19-001 Page 59 Emilio T. Gonzalez, Ph.D. City Manager •. To Whom It May Concern Subject: Reference Letter for Vertical Project he Folkkwirtg Section td be Completed fly the Proposer Name of Proposer: LEGO Construction Co. The above referenced Proposer is responding to a Bid that has been issued by the City of Miami. The City requires that the Proposer provide written references with their Bid submission. By providing you with this document, the Proposer 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:Vizcaya Museum & Gardens Structural Historic Restoration Project # VZ-MH001-13-R e j=otidwiri Scope of Referenced Work: Restoration of critical historic structural components at Vizcaya East Loggia, Entrance Loggia (West), Enclosed Loggia (South), and replacement of large windows and doors at the historic archways and columns that enclose the East Loggia with an impact -resistant glass system. Repair of building pier at the swimming pool (adjacent and below the East Loggia), as well as that of structural floor framing components above the ceiling over swimming pool and basement repairs. Additional scope was added to perform a complete historic pool restoration, which required water blasting to remove the coating prior to resealing. ectivr(to be ;Completed y the project Owner: Did the Scope involve the construction, installation, repair, and/or replacement of a stormwater pump station? ❑ Yes Q No ' Value of Project: $ 1,872,207 Date Completed: 11/3/2016 Percentage of physical construction work self -performed by Proposer: % Was project completed on time and within budget: Yes ❑ No If no, was the Proposer at fault or contribute to the delay(s) or increased cost? ❑ Yes tNo If yes, please provide details: 'Comments: V''.I ao' LD I� 4 Name of Project Owner: Lit Lc wl t PAQg' tik.►z( Signature of Project Owner's Representative: Title: eATGu.Yitioa k4,412, Job Order Contracting (JOC) for Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 ak7vvu 4 Aiorl F Olkal 125 RFP No. 18-19-001 Page 60 Telephone: Sincerely, Annie Perez, CPPO, Director Department ofProcurement E-mail: a t fee,. ' THIS SECTION INTENTIONALLY LEFT BLANK „ • •• • It r • y . • • . , „.. Job Order Contracting (JOC) for 126 RFP No. 1e.19-ool Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 61 atitg fame Emilio T. Gonzalez, Ph.D. City Manager To Whom It May Concern Subject: Reference Letter for Vertical Project ifii olloiiu neetronqo-%eic,q pleted bj+ theRroposeri Name of Proposer: LEGO Construction Co. The above referenced Proposer is responding to a Bid that has been issued by the City of Miami. The City requires that the Proposer provide written references with their Bid submission. By providing you with this document, the Proposer 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: Loweinstein Outpatient Rehab Renovation Phase 2 Pro'ect # CS01 7-12-17 Fallowing :Sectio: n tcrbe'i✓on leted;�`) he ProjectrOwri Scope of Referenced Work: Renovation of Lymphedema room, (2) ADA toilet rooms, Nourishment area, reconfiguration of all physical therapy areas, (3) exam rooms, Implementation of Cardiac Rehab areas, and Pediatric room. The scope of work Included reconfiguration of walls, new finishes such as acoustical gypsum wall partitions, acoustical ceilings, special rubber flooring, tiles, cabinetry, new doors including frame and hardware, paint entire area, relocation of domestic and sanitary piping, new plumbing fixtures, relocation of fire sprinkler system, replacement of (2) Ai-IUs including condensing units and refrigerant lines, new LED light fixtures, new wall and floor outlets, relocation of new fire alarm devices, and fire alarm certification. Non-AHCA project. Did the Scope involve the construction, installation, repair, and/or replacement of a stormwater pump station? 0 Yes J No Value of Project: $ 623,743.72 Date Completed: 12/27/2018 Percentage of physical construction work self -performed by Proposer: __- __X_ % Was project completed on time and within budget: 0 Yes G. No If no, was the Proposer at fault or contribute to the delay(s) or increased cost? ❑ Yes iX No If yes, please provide details: Comments: nsi4 V-61e'( t.65rovs\vtr Avv'b TWIAABLE , 7 t btp 1.{LceNge-b &ID kL I S • Cot twu.xN l L-f4 , µ.( 't7 (v�" CJwwiv►q¢ , Name of Project Owner: uvr JINriI 1v5P.�itc./�l�-. Come. me. Date: C/2-1 l-v19 1 Signature of Project Owner's Representative: Title: FtoS'ea t - Job Order Contracting (JOC) for 125 Horizontal and Vortical Construction Services RFP No. 18-19-001 City of Miami - Request for Proposal RFP #18-19-001 Page 62 Telephone: b2.1$- DN. s Sincerely, Annie Perez, CPPO, Director Department of Procurement E-mail: e1114 , efavLo e M.Snic • C +"1 THIS SECTION INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 126 RFP No. 18-19-001 City of Miami - Request for Proposal RFP #18-19-001 Page 63 SUPPLEMENT TO SCHEDULE OF PRICES: CUSTOMER REFERENCE LISTING (Page 1 of 1) Proposers may furnish the names, addresses, and telephone numbers of firms and/or government organizations for which the Proposer has provided services to, in addition to the . minimum six (6) projects of a similar size, scope, and complexity. 1) Company Name Miami Dade County Public Schools Address 1450 NE 2nd Ave, Miami, FL 33132 Contact Person/Contract Amount Blanca Bazan Telephone No. /Fax No. 2) Company Name Address 786.229.4336 US Air Force -Base Panama City, FL TYNDALL AIR FORCE BASE Contact Person/Contract Amount Bruce Hebert Telephone No. /Fax No. 3) Company Name Address 850.814.8042 Miami Dade Public Housing 701 NW 1st Ct, Miami, FL 33136 Contact Person/Contract Amount Lissette Martinez Telephone No. /Fax No. 4) Company Name Address 786.469.4127 Jackson Health System 1611 NW 12th Ave, Maimi, FL 33136 Contact Person/Contract Amount Ise Nunez Telephone No. /Fax No. 5) Company Name Address 786.277.5077 The School Board of Broward County 2301 NW 26th St Building 12 Oakland Park FL 33311 Contact Person/Contract Amount Trevor Martin Telephone No. /Fax No. 954.405.0114 Job Order Contracting (JOC) for 123 RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 64 SUPPLEMENT TO THE SCHEDULE OF PRICES: 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. LEGO Construction Co. Legal Name of Firm: Entity Type: (Check One) 0 Partnership ❑ Sole Proprietorship L Corporation P060000-10003 January 23, 2006 Corporation Document No: Date Established 459888-00682690 October 1, 2018 Occupational License No: Date of Issuance Office Location (Establishment of the Proposer): PRESENT Street Address: 1011 Sunnybrook Rd, Suite 905 City: Miami State: FL, 33136 How long at this location: 3 years PREVIOUS Street Address: 280 SW 20 Rd. Suite 506 City: Miami State FL, 33129 How long at this location: 8 years 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 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 Tess than the twelve (12) months immediately preceding the date 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 proposals were received, a prior fully executed lease within the corporate limits of the City that documents in writing continuous business residence within the corporate limits of the City for a term of no less than twelve (12) months immediately preceding the date proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for Job Order Contracting (JOC) for 129 RFP No. 18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 65 OFFICE LOCATION AFFIDAVIT (Page 2 of 3) 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 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, fora minimum of twelve (12) months immediately preceding the date 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 proposal 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 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 local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the Local bidder." Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 130 RFP No,18-19-001' City of Miami - Request for Proposal RFP #18-19-001 Page 66 OFFICE LOCATION AFFIDAVIT (Page 3 of 3) The intention of this section is to benefit bona fide local Proposers 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 Proposer has not been established with the sole purpose of obtaining the advantage granted bona fide local Proposers by this section. r g�ttFioze Signature ulsGarcia Print Name Print Name Authorized Signature President Title Title `�tlttrll, `N•NS*TRUG'if��r (Corporate SillS L 2006 (Must be signed coirBquANsecretary of a corporation or one general partner of a partnership or the proprietor of a 46W proprietorship or all partners of a joint venture). STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF MIAMI ) NOTARIZATION SS That: \, v \ a &tw t a personally appeared before me and acknowledged the foregoing instrument as his/her act and deed. That he/she has produced RUSH IiipULL Notary Public - Stale of Florida Commission I1 CA 18/048 My Comm. Expires Feb 20, 2022 ugh National Notary Assn. ! ran I;��l� inn NOTARY PUBLIC: as identification. My Commission Expires: F /ataa. Please submit with your Proposal 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 Proposer's office. Job Order Contracting (JOC) for 131 RFP No.18-19-001 Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 Page 67 CERTIFICATE OF COMPLIANCE WITH SECTIONS 18.87,18.89,18.120 OF THE CITY CODE Luis Garcia hereby certify that: I) I am the (President/Secretary or Principal) of I FGO Cnnstnictinn On (Proposer) II) I have read Sections 18-87,18.89 and 18-120 of the City of Miami Procurement Code; a. Proposer hereby acknowledges that the awarded contract has an on -site labor component greater than or equal to twenty-five percent (25%), 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 Small Business Enterprise ("SBE"); OR b. Proposer hereby is certified by Miami -Dade County as a SBE firm and will self -perform to meet the minimum fifteen percent (15%) SBE requirement. An active copy of the respondent's SBE certification must be included in the RFP document. III) Proposer hereby agrees to comply with the Local Workforce Participation Requirements stated in Section 18-89 of the City of Miami Procurement Code. Iv) Proposer 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) Proposer hereby agrees to make assignments pursuant to Item II), above, to certified SBE firms who maintain a "Local Office", as defined in City Code Section 18-73; STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF MIAMI SS Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly swom 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 Proposer named therein In favor of the City. Subscribed and Sworn to before me this da, day of f'A,lJ , 20 4 q My commission expires:'ttury at), 90- r . Bonded by Job Order Contracting (JOC) for 133 Horizontal and Vertical Construction Services Notary Public, State of Florida at Large ui,;;•.,, ROSARIPOLL • (. r Notary Public - Stale of Florida (:onuniscion # GG 18/848 ,!i ,',, '• My (onnn, Expires Fob 20, 2022 "'•• Rnnnral Ilunugh Natiwidl 8-19-001 City of Miami - Request for Proposal RFP #18-19-001 Page 68 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.: 18-19-001 Title: Job Order Contract for Horizontal and Vertical Construction Bidder/Contractor: LEGO Construction 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 LEGO Construction Co. [21 Local [$ SBE [A DBE ❑ None MD FG $ ❑ SBE ❑ Other ❑ Local ❑ SBE ❑ DBE 0 None $ ❑ SBE ❑ Other ❑ Local 0 SBE ❑ DBE 0 None $ ❑ SBE 0 Other ❑ Local 0 SBE ❑ DBE 0 None $ ❑ SBE ❑ Other ❑ Local 0 SBE 0 DBE 0 None ' $ ❑ SBE 0 Other ❑ Local 0 SBE 0 DBE ❑ None $ i ❑ SBE ❑ Other LEGEND of Firm Certifying Entities _Types DBE — Disadvantaged Business Enterprise CM — City of Miami SBE — Small Business Enterprise BC — Broward County Local — Local Firm (within City of Miami city limits) FDOT— Florida Department of Transportation None— no special designation FG — Federal Government MD — Miami -Dade County Other — please identify NOTE: COPIES OF CERTIFICATIONS MUST BE ATTACHED. LOCAL FIRMS SHALL ATTACH THE LOCAL OFFICE AFFIDAVIT Job Order Contracting (JOC) for ' Horizontal and Vertical Construction Services City of Miami - Request for Proposal RFP #18-19-001 135 RFP No. 18-19-001 Page 69 LEGO CONSTRUCTION CO. °Building the Future WO Integrity and Quality" May 22, 2019 CITY OF MIAMI Department of Procurement 444 S.W. 2nd Avenue - 6th Floor Miami, Florida 33130 To Whom it may Concern: Ref.: Local Workforce Participation • City of Miami `I-U8Zone-SBA U.S. Small euslnessAdministration. 8(a) Certified Firm -SBA US.'SrnaIl BuslnessAdrninisfration DBE (Disadvantage Business.Enterprisej 58E-Cons (Small Business Enterprise-.Constttiction) Florida State Ceitified General Contractor Florida State Certified Roofing Contractor LEGO Construction Co, has not preformed any contract with the City of Miami, however we have performed several projects within Miami Dade County that involved Local Workforce participation and our. Company has always complied with all the CWP requirements. We will provide any support documents and/or information upon request. Sincerely, Luis Garcia President Igarcia(a,Iegocc. com 786,385.7956 1011 Sunnybrook Rd., Suite 905 Miami, FL 33136 —Tel: 305.381.8421— Fax: 305.857.9916 WWW.LEGOCC.COM City of Miami - Request for Proposal RFP #18-19-001 Page 70 C) 0 iv 3 Project No. B- m CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM SUBCONTRACTOR UTILIZATION FORM Project Title: JOB Order Contracting for Horizontal and Vertical Construct Sheet No. 1 of 1 This Form should be submitted with a bidder's bid form submittal. Failure to submit this Form with the bid may result in the bid being rejected -gas non -responsive. The City in its reasonable discretion may allow, in the interest of the competition, the Bidder to submit the Form after bids are due (as supplemental information). 21-9 Provide the following information for each subcontractor regardless of tier.* Attach additional sheets if necessary. NamePortion of Business of Work Dollar Amount Percent Address/City/State/Zip License Information Miami-DadeCertification* CBE CSBE N/A Type Number Comfort Tech HVAC 12% 13117NW107THAVENUE BAY 6HVdEAHGARDENS, FL33018 CAC 057324 IM p MI CV Ocean Plumbing Plumbing 25% 8745 NW 107 LnHialeah Gardens, FL 33018 CFC 1427353 MI V Superior Electrical Electrical 20% 2151 NW93rdAvenue, Miami, Florida33172 EC 0001759 III M V WEA Electrical Contractor Electrical 5% 15463 SW 18TH LN MIAMI, FL 33185 EC 13008664 - ✓ I. OE MI MO I. I. MI MI D 0 IIII I• III _ . QIM MI • • - IN M * Must be certified by Miami -Dade County. All tiers must be shown, including multiple sub -tiers, if permitted by the Contract Documents. **List only those relevant to this Project. m ***Check N/A if the listed SU does not have a CBE/CSBE certification (e.g., independent third party verifier) Form SU Local Business Tax Receipt Miami -Dade County, State of Florida —THIS IS NOT A BILL —DO NOT PAY 5752531 BUSINESS NAME/LOCATION LEGO CONSTRUCTION CO 1011 SUNNYBROOK RD STE 905 MIAMI, FL 33136 OWNER LEGO CONSTRUCTION CO Worker(s) RECEIPT NO. RENEWAL 5998571 LBT EXPIRES SEPTEMBER 30, 2019 Must be displayed at place of business Pursuant to County Code Chapter 8A — Art. 9 & 10 SEC. TYPE OF BUSINESS 196 GENERAL BUILDING CONTRACTOR 1 CGC1510788 PAYMENT RECEIVED BY TAX COLLECTOR 45.00 07/19/2018 CREDITCARD-18-055539 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holder's qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles — Miami —Dade Code Sec 8a-276. MI MIOADD For more information, visit www.miamidade.gov/taxcollector City of Miami - Request for Proposal RFP #18-19-001 Page 72 Local Business Tax Receipt Miami —Dade County, State of Florida -THIS IS NOT A BILL - DO NOT PAY 6397301 BUSINESS NAME/LOCATION LEGO CONSTRUCTION CO 1011 SUNNYBROOK RD STE 905 MIAMI, FL 33136 OWNER LEGO CONSTRUCTION CO C/O LUIS GARCIA PRES Worker(s) 1 RECEIPT NO. RENEWAL 6665286 LBT EXPIRES SEPTEMBER 30, 2019 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 SEC. TYPE OF BUSINESS 196 SPECIALTY BUILDING CONTRACTOR CCC1328977 PAYMENT RECEIVED BY TAX COLLECTOR 45.00 07/19/2018 CREDITCARD-18-055539 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holder's qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles - Miami -Dade Code Sec 6a-276. MIAMMIDADE i For more information, visit www.miemidada.gov/texcoiloctor City of Miami - Request for Proposal RFP #18-19-001 Page 73 Local Business Tax Receipt Miami —Dade County, State of Florida -THIS IS NOT A BILL -DO NOT PAY 6575501 BUSINESS NAME/LOCATION LEGO CONSTRUCTION CO 1011 SUNNYBROOK RD STE 905 MIAMI, FL 33136 OWNER LEGO CONSTRUCTION CO C/O LUIS GARCIA PRES Worker(s) 1 RECEIPT NO. RENEWAL 6846142 LBT EXPIRES SEPTEMBER 30, 2019 Must be displayed at place of business Pursuant to County Code Chapter 8A — Art. 9 & 10 SEC. TYPE OF BUSINESS 196 SPECIALTY BUILDING CONTRACTOR 10BS00034 PAYMENT RECEIVED BY TAX COLLECTOR 45.00 07/19/2018 CRED ITCARD-18-055539 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holder's qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT N0. above must be displayed on all commercial vehicles —Miami—Dade Code Sec 8a-276. MIAMFDADE Far more information, visit www,minmidado govltaxcolloctor City of Miami - Request for Proposal RFP #18-19-001 Page 74 Please note that • this Business Tax Receipt expires on September 30th of the effective year listed herein. Ensuring renewal by October lst is the responsibility of the business entity. For further information you may call: (305) 416-1570 or (305) 416- 1918. Favor de tomer note que este Recibo de Impuesto pare Negocio se vence el 30 de Septiembre de ano indicado. Asegurar la renovacion pare el fro de Octubre es la responsabilidad del negocio. Para mas informacion puede Ilamar al: (305) 416-1570 o (305) 416-1918. Souple pran not ke Resi Enpo pou Biznis-sa ap exspire 30 Septan-m ane sa men-m nan lis la. Se responsablite dirijan Biznis sa pou li renouvle-1 Pwemie Oktob kap vini. SI ou bezwen plis enfomasiyon sou zafo sa , pa biiye rele nan (305) 416-1570 ou byen (305) 416-1918. COUNT Nl1M13R' CEIPT'a NUMBER] Ii E:fq �B1JSINES POST THIS:'.'; DOCUMENT; A'l ONE '35 NOT TRANSFERRABLEIOR Vi4UD ATPNOTJ ER ;A DRE7 UNLESS APPROVED B "Th03:K jNANCErDEPARTMENT CI1Y 0 ?MIAMf, 444';S;W,2 �4VE 6?".Ft00R fy11AMI FLI? ONE 1.J 305 B ..." r1 sa y...ra t' ors s:=.'vr.• Erl:,.kR 4ivr;"1�+,:�t:,'t.;w,..ei���iF���4�z=�i".e+u"Yc�id.c','�`T:;4%%t,�'�c�»ef;:,. .Otis �C cttcn y ' TQTAL?;FEEPAID t :;SUNMYBROOK M9 City of Miami - Request for Proposal RFP #18-19-001 Page 75 . .'JONATHAN ZACHEM, SECRETARY. STATE OF. FLORIDA EPARTMENT~OF"BUSINES 4 ,O�FESSIONAL REGULATIO uarmea n C UNDER THE TA. UTES. Rip .15,1 EXPIRATI •• hw GkJST 31, 2020 Always verify licenses online at MyFloridaLicense.com This is your license. It is unlawful for anyone other than the licensee to use this document. Florida STATE OF FLORIDA DEPARTMENT OF, BUSINESS. 4ND P ► OFESSIONAL REGULATION HE-ROOFIN PROVIS' • UNDER THE AT `. UTES • EXPIRATIO ID ' . .GUST' 31; 2020.. Always verify Iicensesonline at MyFloridaLicense.com Do not alter document in any form., its is, your license: It Is unlawful .for anyone other than the licensee' to use this: document:: SECTION 6 - CONTRACT EXECUTION FORM THIS Contract # 18-19-001-V-9 made this 1--t day of art) in the year 20 in the amount of $2,500,000.00 by and between THE CITY OF MIAMI, FERIDA, hereinafter called the "CITY," and LEGO CONSTRUCTION CO., hereinafter called the "Contractor" for the Job Order Contract for Vertical Construction for the following awarded Adjustment Factors: Normal Construction Working Hours: 1.0410 Other Than Normal Construction Working Hours: 1.0577 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST NA14 c Print Name, Title ATTEST: 2— knooijii CONTRACTOR Secretary (Affirm CONTRACTOR Seal, if available) ATTEST: APPROVED REQUIRE Ann-M Risk PI NCE rle Sha pe, Director n gem epartment Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 149 LEGO CONSTR CTION CO., a Florida corporatio Signature (2/ 5 42(Z-c71,9 Luis Garcia, President • I NNNNCSS 'Y,)1 • • :1./0 /'07 • 0 0 0 i — 9 ▪ LLI 2006 7. • (Corporate Sealv,,,inotov*' CITY OF MIAMI, a municipal corporation of the State of Florida -012 T. Gonzalez, PhD., C" Manager APPROVED AS TO LEGAL FORM AND ORRECTNESS: Victoria M dez, City At orne RFP No. 18-19-001 tm THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 150 RFP No. 18-19-001 Horizontal and Vertical Construction Services CORPORATE RESOLUTION WHEREAS, o c.ovtsi14.,c,i-uo✓1 C-O.,-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 thePi-esicl-cv�T' (Type title of officer) Lv , 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 2--t7 day of hotscwt=-e.-- , 20 I . Corp _�<<� �_ e�lij'. ecrrary OSEAL �p� (Corporate Seal) i 2006 1"4OR10P• Job Order Contracting (JOC) for 151 RFP No. 18-19-001 Horizontal and Vertical Construction Services SECTION 6 - CONTRACT EXECUTION FORM THIS Contract # 18-19-001-V-9 made this_{day of (-9in the year 2014in the amount of $2,500,000.00 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and LEGO CONSTRUCTION CO., hereinafter called the "Contractor" for the Job Order Contract for Vertical Construction for the following awarded Adjustment Factors: Normal Construction Working Hours: 1.0410 Other Than Normal Construction Working Hours: 1.0577 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST LEGO CONSTRUCTION CO., a Florida corporation fgnature O Q Signature A "Ri)c/26 t,eZ_ } 'col aTt i2 Print Name, Title ATTEST: CONTRACTOR Secretary (Affirm CONTRACTOR Seal, if available) ATTEST: odd B. Hannon, APPRO REQU L SURANCE n-Marie ' har • e, Director Risk Mana • - me t Department Luis Garcia, President N" " p : nzPORAT<<;.• 2 =c�: SEAL _ •�0cr. \ • .•.F40R\OP:•' (Corporate Sey,��';;,'#`,,,,+N+.` CITY OF MIAMI, a municipal corporation of the State of Florida Emi ' T. Gonzalez, PhD., Cit anager APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney a`L Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 149 RFP No. 18-19-001 THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 150 RFP No. 18-19-001 Horizontal and Vertical Construction Services CORPORATE RESOLUTION WHEREAS, L -iO CovtS-t-wcf-0-° ,-in.. 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 ?test. d-enT' (Type title of officer) L- u i s ficai-c4: c.— , 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 20 day of Ntuu•G i •— Corpor , 20 . cr ary pNsTRU�'%.,� R o ..Goy L _ate. =tu: :c)= 2006 : O e (Corporate Seal) Li -AL P Job Order Contracting (JOC) for 151 RFP No. 18-19-001 Horizontal and Vertical Construction Services FORM OF PERFORMANCE BOND (Page 1 of 3) BY THIS BOND, We Lego Construction Co. hereinafter called Contractor, and Hartford Casualty Insurance Company Bond No. 21BCSIE5831 , as Principal, , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Two Million Five Hundred Thousand Dollars and 00/100 Dollars ($ 2,500,000.00 ) 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, RFP No: 18-19-001, awarded the day of�, 20 with City which -V-9 Contract Documents are by reference incorporated herein an 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 Job Order Contracting (JOC) for Horizontal and Vertical Construction Services, 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: Job Order Contracting (JOC) for 152 RFP No. 18-19-001 Horizontal and Vertical Construction Services FORM OF PERFORMANCE BOND (Page 2 of 3) 4.1. Complete the'Project in accordance with the terms and conditions of the Contract Documents; or 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 Proposer, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Proposer, arrange for a Contract between such Proposer 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 NoJ2 b , 20 i9 . Job Order Contracting (JOC) for 153 RFP No. 18-19-001 Horizontal and Vertical Construction Services FORM OF PERFORMANCE BOND (Page 3 of 3) 4`dj1lirlfit ✓ WITNESSES,�w4��\AST et, ' ::::11:141e704R101,/: AaC F�(CORPORATi✓,S/illliiilt1,1' Dania B ks EAL 06 : Q Olga Iglesias Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 154 By: irll// Lego Construction Co.� � (Name of Cor�otatior) CTi... G- _ " 2006L o ature)i . F�OPIDP ww (Print Name and Title) INSURANCMPANY: Hartford Casu�liy-,I r � By: (Agenand Attorney-in_Fact Address: One Hartford Plaza (Street) Hartford, CT 06155 - 0001 (City/State/Zip Code) Telephone No.: (860) 547-5000 RFP No. 18-19-001 surance Company l s �Tiel'son= FORM OF PAYMENT BOND (Page 1 of 2) BY THIS BOND, We Lego Construction Co. Bond No. 21BCSIE5831 , as Principal, hereinafter called Contractor, and Hartford Casualty Insurance Company , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Two Million Five Hundred Thousand Dollars and 00/100 Dollars ($ 2,500,000.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written RFP No. 18-19-001 -V-9 , awarded the day of F- 20 7-0, with City which Contract Documents are by reference incorporated herein and made art 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. agreement entered into a Contract, Job Order Contracting (JOC) for 155 RFP No. 18-19-001 Horizontal and Vertical Construction Services FORM OF PAYMENT BOND (Page 2 of 2) 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. 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 IvW "`"' , 20 I. ATTEST: G.NS) „,� •=2.4 ' 11 oRPo, . 0-\ •`�� i 06 n R/DA *NI 11111\\‘ (Corporate Seal) By: By: Olga Iglesias The provisions and limitations of Section 255.05 Florida Statutes. including but not limited to the notice and time limitations in Sections 255.05(2) and 255.05(10) are incorporated in this bond by reference. Job Order Contracting (JOC) for Horizontal and Vertical Construction Services Le Contractor attire) ° : c� 0 LviS C—tctI-T-4: —`'J',•• cgiaenl (Print Name and Title) day of , 20 INSUJR JS10E COMPANYA arNrd ,:tsua1C Insurance"company (Ag t and Attorney -in -Fact) .Charles JNielson' Address: One Hartford Plaza (Street) Hartford, CT 06155 - 0001 (City/State/Zip Code) Telephone No.: (860) 547-5000 156 RFP No. 18-19-001 CERTIFICATE AS TO CORPORATE PRINCIPAL I, Lu 1 S , 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 Lots IA , who signed the Bond(s) on behalf of the Principal, was then pt.es i n ErtT 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 s.d corporation by authority of its governing body. Secretary I Leh' If of) �(RIJCTi //,/, Ley o COrdSTkUCTI 014 C.co . c�o�'e-4oRA7-:: n Corporation ® o les.s\- o p ®0 : y.2006 STATE OF FLORIDA w COUNTY OF MIAMI-DADE ) SS FLOR��P CITY OF MIAMI ) °'°oo,ri f ii„��N���� Before me, a Notary Public duly commissioned, qualified and acting personally, appeared Lu 1.S N-. C iA 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: OiaoILo.� (SEAL) Nota y Pu Bonded by ate of Florida at Large ote._ Notary Public State of Florida Mariela Lobo ission '?a 11 Expires 01/20/2022 Job Order Contracting (JOC) for 158 RFP No. 18-19-001 Horizontal and Vertical Construction Services POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: Direct Inquiries/Claims to: THE HARTFORD BOND, T-12 One Hartford Plaza Hartford, Connecticut 06155 Bond.Claimsna.thehartford.com call: 888-266-3488 or fax: 860-757-5835 Agency Name: NIELSON HOOVER & COMPANY INC Agency Code: 21-229752 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : D. A. Bells, Tracey C. Brown -Boone, Natalie C. Demers, David R. Hoover, Stephanie McCarthy, Jarrett Merlucci, Laura D. Mosholder, John R. Neu, Charles D. Nielson, Charles J. Nielson, Joseph Penichet Nielson, Daniel Frank Oaks, Brett Rosenhaus, Kevin Wojtowicz of MIAMI LAKES, Florida their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. John Gray, Assistant Secretary STATE OF CONNECTICUT SS. COUNTY OF HARTFORD On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Hartford M. Ross Fisher, Senior Vice President iiv•-i -h7cty-rim Kathleen T. Maynard. = = Notary,. Public' CERTIFICATE My Commission Expires']uly 3I,4202I I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true;a d correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of = — - - = Signed and sealed at the City of Hartford. — - _ R a7! e s � �i 11�915• 440 Kevin Heckman, Assistant Vice President P0A2018 CTB AGREEMENT OVERVIEC ITB TITLE: Request For Proposals (RFP) N$ 18-19-001:"Job"Order Contracting ("JOC')..for Horizontal and Vertical Construction 1. AWARD DELEGATED AUTHORITY: ❑City Commission — RESOLUTION No. R-19-0386 2. TOTAL FISCAL IMPACT IN THE AGGREGATE: 3. SOURCE OF FUNDING: $2,500,000.00 Various OCI P 4. WHAT IS THE SCOPE OF SERVICES? Maintenance and Construction services for Capital Projects 5. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? WHICH DISTRICT? Office of Capital Improvements 6. WHAT IS THE METHOD OF AWARD? Selection Process conducted under applicable Florida Statutes 7. NAME OF AWARDEE: Lego Construction Co. 8. WHAT IS THE TERM OF THE CONTRACT? Initial term of two (2) years with the option to renew for two (2) additional one_(1) year periods 9. HOW MANY BIDDERS? IF ONLY ONE BIDDER/PROPOSER, WHAT WERE THE RESULTS OF THE SURVEY? Nineteen (19) 10.OTHER INFORMATION (E )Local Preference affect the awa; was any firm deemed non- responsive; if yes which one(s) and why; was there a BAFO, and any other pertinent information): 1. Local Preference was N/A 2. One (1) Proposer deemed non -responsive for failure to meet the minimum requirement of five (5) years of experience under its own name. 3. BAFO was N/A I LEGO CONST — y ACC) REr CERTIFICATE OF LIABILITY INSURANCE `..------ DATE(MM/DDIYYYY) 11/27/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Collinsworth, Alter, Fowler & French, LLC 8000 Governors Square Blvd Suite 301 Miami Lakes, FL 33016 CONTACT NAME: P(A//CC,NNo, Ext): (305) 822-7800 FAX No):(305) 362-2443 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:HartfOrd Fire Ins Co 19682 INSURED Lego Construction Co. 1011 Sunnybrook Road, Suite 905 Miami, FL 33136 INSURER B : Trumbull Insurance Company 27120 INSURER C : Hartford Casualty 29424 INSURER D : Sentinel Insurance Co Ltd 11000 INSURER E : Indian Harbor Ins. Co. 36940 INSURER F : COVERAGES CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES D SCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID LAIMS. INSR LTR TYPE OF INSURANCE ADDL'SUBR POLICY NUMBER INSR WVD POLICY EFF P LICY EXP (MMIDD/YYYY) ( IDD LIMITS A X ' COMMERCIAL GENERAL LIABILITY X x 21UEAHN3228 �/ N 5/3/2019 I 5/3/ 0 � f EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X I OCCUR MATE -sEa NT once) $ 300,000 X I $5000. BI & PD M P (Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'LAGGREGATE I POLICY I X OTHER: LIMIT APPLIES 1 JECOT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ 2,000,000 B AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY AIT OS ONLY SCHEDULED AUTOS AUOTNOS ONLY X x ?" t� 21UEAHN3227 5/3/2019 5/3/2020 COMBINED SINGLE LIMIT (Ea accident) 1 000 000 $ ' ' BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Per PROPERTY DAMAGE $ $ C X UMBRELLA UAB L X I OCCUR EXCESS UAB I `CLAIMS -MADE X X 21 RHAHN9702 5/3/2019 5/3/2020 EACH OCCURRENCE 5,000 000 $ ' AGGREGATE $ 5,000,000 DED I X I RETENTION $ 10,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS below YIN N N / A X 21WEAAC6LEG 5/3/2019 5/3/2020 X I PERI OTH- STAER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 E E Pollution Liability Professional Liability PEC004821303 PEC004821303 9/7/2019 9/7/2019 9/7/2020 9/7/2020 Each Pollution Condu Each Occ/Agg 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Job: JOC - Horizontal and Vertical Construction Services - RFP:18-19-001 City of Miami is named additional insured with respects to General Liability and Auto Liability policies on a primary and non-contributory basis when required by written contract. Waiver of Subrogation applies in favor of the additional insureds with respects to General Liability, Auto Liability, and Workers Compensation policies when required by written contract. Excess/Umbrella Policy Follows Form. 30 Day Notice of Cancellation except 10 days for non-payment, subject to policy terms and conditions. coverage is afforded for contingent and contractual exposures and XCU hazards CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and Togo are registered marks of ACORD FORM OF PERFORMANCE BOND (Page 1 of 3) BY THIS BOND, We Lego Construction Co. hereinafter called Contractor, and Hartford Casualty Insurance Company Bond No. 21BCSIE5831 , as Principal, , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Two Million Five Hundred Thousand Dollars and 00/100 Dollars ($ 2,500,000.00 ) 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, >��i RFP No: 18-19-001, awarded the day df , 20 ,-(c)Nith City which -V-9 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 Job Order Contracting (JOC) for Horizontal and Vertical Construction Services, 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 aII 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: Job Order Contracting (JOC) for 152 RFP No. 18-19-001 Horizontal and Vertical Construction Services FORM OF PERFORMANCE BOND (Page 2 of 3) 4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 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 Proposer, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Proposer, arrange for a Contract between such Proposer 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, Tess 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 ?"1 day of Ni100 4L'611— 20 1 I . Job Order Contracting (JOC) for 153 RFP No. 18-19-001 Horizontal and Vertical Construction Services FORM OF PERFORMANCE BOND (Page 3 of 3) lttl,lr� WITNESSES: `, -Z F'/'• • � O`�PO � (CORPORATSAL:} •\\NY. icelle ajo Dania Banks Olga Iglesias Lego Construction Co. (Name of C`o ot'b( r:S i0)i ORP6,.'•Lb s'ilr� �' i! O r By: n '.IO�D 0� (Print Name/ant Title)`` • INSURANCF'cOMPANY: Hartford Casualty surance Company (Age— and Attorney -in -Fact) Chart sJ. Nielson Address: One Hartford Plaza By: (Street) Hartford, CT 06155 - 0001 (City/State/Zip Code) Telephone No.: (860) 547-5000 Job Order Contracting (JOC) for 154 RFP No. 18-19-001 Horizontal and Vertical Construction Services Bond No. 21BCSIE5831 FORM OF PAYMENT BOND (Page 1 of 2) BY THIS BOND, We Lego Construction Co. hereinafter called Contractor, and Hartford Casualty Insurance Company , as Principal, , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Two Million Five Hundred Thousand Dollars and 00/100 Dollars ($ 2,500,000.00 ) 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, RFP No. 18-19-001 -V-9 , awarded the L-I day of 20 Z�, 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. Job Order Contracting (JOC) for 155 RFP No. 18-19-001 Horizontal and Vertical Construction Services FORM OF PAYMENT BOND (Page 2 of 2) 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. 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./h�"+� Signed and sealed this '" 1 day of N- O Je4 , 20 ( . By: (Corporate Seal) By: Olga Iglesias The provisions and limitations of Section 255.05 Florida Statutes. including but not limited to the notice and tirne, limitations in Sections 255.05(2) and 255.05(10) are incorporated in this bond by reference. Job Order Contracting (JOC) for Horizontal and Vertical Construction Services Contractor (�V I S EtU C ct. — F SI Gi-C±t1� (Print Name and Title) day of , 20 INSUCE COMPANY: Hartlbrd C sualty Insurance Company 77 (Agenft and Attorney -in -Fact) Charles J. Nielson Address: One Hartford Plaza (Street) Hartford, CT 06155 - 0001 (City/State/Zip Code) Telephone No.: (860) 547-5000 156 RFP No. 18-19-001 CERTIFICATE AS TO CORPORATE PRINCIPAL I, L� tS C-I A4 _ C) A , 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 (�U1.S fiA-RCI A , who signed the Bond(s) on behalf of the Principal, was then PREs It) Fro- 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 :.id corporation by authority of its governing body. Secreta e'"alf of) LEtro CordsTRucmor4 Co. Corporation STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF MIAMI jSS (SEAL) stiet111lr��s9 rl L�p,-�PgTf . O'li m ▪ W▪ a 2000 O • • ..„s '',1„ 11111\• Before me, a Notary Public duly commissioned, qualified and acting personally, appeared LUIS 4ARCIA 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: Oiao(ao�� Job Order Contracting (JOC) for 158 RFP No. 18-19-001 Horizontal and Vertical Construction Services POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: Direcf Inquiries/Claims to: THE HARTFORD BOND, T-12 One Hartford Plaza Hartford, Connecticut 06155 Bond.Claimsi@thehartford.com call: 888-266-3488 or fax: 860-757-5835 Agency Name: NIELSON HOOVER & COMPANY INC Agency Code: 21-229752 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up fo fhe amount of Unlimited : D. A. Belis, Tracey C. Brown -Boone, Natalie C. Demers, David R. Hoover, Stephanie McCarthy, Jarrett Merlucci, Laura D. Mosholder, John R. Neu, Charles D. Nielson, Charles J. Nielson, Joseph Penichet Nielson, Daniel Frank Oaks, Brett Rosenhaus, Kevin Wojtowicz of MIAMI LAKES, Florida their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. John Gray, Assistant Secretary STATE OF C O N N ECTI CU T ss. Hartford COUNTY OF HARTFORD On this 5th day of January, 2 01 8, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. M. Ross Fisher, Senior Vice President CERTIFICATE �tu� / �1?cr cuz2 Kathleen T. Maynard Notary Public My Commission Expires July 31, 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. Kevin Heckman, Assistant Vice President POA 2018 R-19-0386 A RESOLUTION OF THE MIAMI CITY COMMISSION,,TH ATTACH... Page 1 of 2 ) tiWV� 2r }. rr r' # '3t& __,� E k _ fit♦' y OttidaIw ftnotti-scitjot3 q . pTr f j r •c; • Miami FL Resolution R-19-0386 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSALS RECEIVED ON MAY 29, 2019, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 18-19-001 FOR JOB ORDER CONTRACTING ("30C") FOR HORIZONTAL AND VERTICAL CONSTRUCTION SERVICES, TO PROVIDE MAINTENANCE AND CONSTRUCTION SERVICES CITYWIDE, THROUGH ELEVEN (11) AGREEMENTS FOR HORIZONTAL CONSTRUCTION SERVICES AND TWELVE (12) AGREEMENTS FOR VERTICAL CONSTRUCTION. SERVICES, ON AN AS -NEEDED BASIS, FOR A PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, FOR A TOTAL ANNUAL COMPENSATION LIMIT NOT -TO -EXCEED OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) PER CONTRACT; ALLOCATING FUNDS FROM VARIOUS OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS, CONSISTING OF THE RFP DOCUMENTS AND ATTACHMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, ATTACHED AND INCORPORATED AS EXHIBIT "B," WITH THE RESPONSIVE AND RESPONSIBLE CONTRACTORS IDENTIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR SAID PURPOSES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND PRIOR BUDGETARY APPROVAL, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. Information Department: Office of Capital Improvements Category: Other Attachments Sponsors: Agenda Summary and Legislation 6547 Exhibit A 6547 Exhibit B 6547 Back -Up Documents Financial Impact $57,500,000 per year for Horizontal and Vertical Construction Services Body/Legislation WHEREAS, the City of Miami ("City") Office of Capital Improvements ("OCI") identified a need to continue implementing the Job Order Contracting ("JOC") Program to achieve the timely and cost-effective delivery of maintenance and construction services for capital projects; and WHEREAS, on April 19, 2019, the City Department of Procurement ("Procurement") issued Request for Proposals ("RFP") No. 18-19-001 seeking experienced and qualified contractors for the purpose of providing Job Order Contracting ("JOC') for horizontal and vertical construction services; and WHEREAS, on May 29, 2019, twenty-three (23) responsive proposals from eighteen (18) responsive and responsible contractors ("Contractors") were received by the Office of the City Clerk; and WHEREAS, the ensuing twenty-three (23) contracts, comprised of eleven (11) agreements for horizontal construction services and twelve (12) agreements for vertical construction services will have an initial term of two (2) years with the option to renew for two (2) additional one (1) year periods; and WHEREAS, the contracts identify an Adjustment Factor payable by the City for an indefinite quantity of maintenance and construction projects assigned on an as -needed basis, to selected contractors, based on quantities derived from completed construction drawings; and WHEREAS, the City Manager requests authorization to execute the eleven (11) agreements for horizontal construction services and the twelve (12) agreements for vertical construction services with the contractors identified in Exhibit "A," attached and incorporated, for said purposes, for a total annual compensation limit of Two Million Five Hundred Thousand Dollars ($2,500,000.00) per contract; • http://miamifl.igm2.com/Citizens/Detail_LegiFile.aspx?ID=6547&highlightTerms=18-19... 11/20/2019 R-19-0386 A RESOLUTION CIF THE MIAMI CITY COMMISSION, WITH ATTACH... Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The responsive proposals received on May 29, 2019, pursuant to RFP No. 18-19-001, for JOC for horizontal and vertical construction services from the contractors identified in Exhibit "A," attached and incorporated, to provide maintenance and construction services Citywide, through eleven (11) agreements for horizontal construction services and twelve (12) agreements for vertical construction services, on an as -needed basis, for an initial term of two (2) years, with the option to renew for two (2) additional one (1) year periods, for a total annual compensation limit of Two Million Five Hundred Thousand Dollars ($2,500,000.00) per contract, are accepted. Section 3. Funds are to be allocated from the various OCI projects and departmental budgets, subject to budgetary approval at the time of need. Section 4. The City Manager is authorized[1] to execute twenty-three (23) contracts, in substantially the attached form, consisting of the RFP documents and attachments, attached and incorporated as Exhibit "B " with the contractors identified in Exhibit "A," attached and incorporated, for said purposes. Section 5. The City Manager is further authorized' to negotiate and execute all other documents, including any amendments, renewals, and extensions, subject to allocations, appropriations, and prior budgetary approval, and in compliance with applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"), including the City's Procurement Ordinance, Anti -deficiency Act, and financial integrity principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with all applicable rules and regulations, as may be deemed necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.[2] [1] The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. [2] If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Meeting History Oct 10, 2019 9:00 AM City Commission Regular Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Joe Carollo, Commissioner, District Three SECONDER: Ken Russell, Chair, District Two AYES: Ken Russell, Wifredo (Willy) Gort, Joe Carollo, Manalo Reyes, Keon Hardemon Draft http://miamifl. igm2. com/Citizens/Detail_LegiFile. aspx?ID=6 5 47&highlightTerms=1 8- 1 9... 11 /20/2019 � hl CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Emilio T. Gonzalez, Ph.D. City Manager FROM: Annie Perez, CPPO, Director Department-of-P-cocurement DATE: September 11, 2019 SUBJECT: Report of Evaluation Committee and Recommendation for Award of Multiple Contracts for Request for Proposals (RFP) No. 18-19-001, Job Order Contracting (JOC) for Horizontal and Vertical Construction Services REFERENCES: RFP No. 18-19-001 ENCLOSURES: Response Security List, Evaluation Committee Score Sheets, and Evaluation Committee Appointment Memo BACKGROUND: On April 19, 2019, the Department of Procurement ("Procurement") issued Request'for Proposals ("RFP") No. 18-19-001 for the provision of Job Order Contracting (JOC) for Horizontal and Vertical Construction Services ("Services"). On May 29, 2019, twenty-four (24) proposals from nineteen (19) contractors were received in response to this solicitation. Subsequently, the proposals were reviewed by Procurement staff, upon which twenty-three (23) proposals were deemed responsive in accordance with the minimum qualifications and submission requirements of the RFP. The one proposal submitted by Danz Contracting, LLC, was deemed non -responsive due to the contractor's lack of sufficient prior experience under its current business name. SUMMARY OF EVALUATION On September 9, 2019, the Evaluation Committee ("Committee") met and completed the evaluation of the twenty-three (23) responsive proposals following the guidelines stipulated in the solicitation. The proposals were evaluated pursuant to the five (5) evaluation criteria listed below: Evaluation Criteria Maximum Points (Per Committee Member) 1. Comparable Project Experience 25 2. Key Personnel Assigned to the Contract 20 - 3. Safety 15 4. SBE and Local Workforce Participation Plan 10 5. Schedule of Prices 30 Total Maximum Points (Per Committee Member) 100 The final scores are as follows: Proposing Firm Awarded Points (Maximum 500 Points) Awarded Points Percentage Horizontal Construction 1. Metro Express, Inc. 461 92.2% 2. Maggolc, Inc. 442 88.4% 3. Ric -Man Construction, Inc. 440 88.0% 4. David Mancini & Sons, Inc. 430 86.0% 5. Stone Concept Miami, Inc. 428 _ 85.6% 6. Terra Hyle Contractors, Inc. 408 81.6% 7. H & J Asphalt, Inc. 396 79.2% 8. Florida Engineering and Development, Corp. 386 77.2% 9. Harbour Construction, Inc. 368 73.6% 10. J.R.T. Construction, Co. 343 68.6% 11. Unitech Builders, Corp. 330 _ 66.0% Page 2 - Report of Evaluation Cori imittee, Recommendation for Award of Multiple Contracts - RFP No. 18-19-001 Emilio T. Gonzalez, Ph.D., City Manager Proposing Firm Awarded Points _ (Maximum 500 Points) Awarded Points Percentage Vertical Construction 1. Harbour Construction, Inc. 445 89.0% 2. J.R.T. Construction, Co. 444 88.8% 3. Stone Concept Miami, Inc. 440 88.0% 4. D2 Construction 439 _ 87.8% 5. Unitech Builders, Corp. 433 86.6% 6. Lee Construction Group, Inc. 425 85.0% 7. Team Contracting, Inc. 423 84.6% 8. Johnson=Laux Construction 422 84.4% 9. LEGO Construction, Co. 418 83.6% 10. BDI Construction Company 413 _ 82.6% 11. G.E.C. Associates, Inc. 408 81.6% 12. Metro Express, Inc. 360 72.0% The tabulation and individual Committee member score sheets are attached as supporting documentation. The Committee, rather than shortlist a maximum number of contractors based on percentage of points awarded, decided to allow every responsive and responsible contractor to be offered a contract opportunity. In addition, the Committee decided not to hold oral presentations, as the proposals did not require further clarification. RECOMMENDATION: The Committee hereby requests authorization for Procurement, in collaboration with the nominated Negotiations Committee, Messrs. Hector Badia and Robert Fenton (OCI), and Mr. Mark Spanioli (Village of Pinecrest) to average the adjustment factors proposed by all respondents in order to promote an equitable distribution of the available work through City projects. Upon execution of all 23 contracts, the City will offer available work based on the above rankings, driven primarily by technical qualifications, safety, and participation by small business certified firms, with the available work being offered to qualified contractors in decreasing order until every firm had the opportunity to provide services. All firms are qualified according to the specifications set forth in the RFP, and the technical evaluation completed by the Committee. Accordingly, Procurement hereby requests authorization to prepare the requisite multiple contracts for a not -to -exceed amount of $2,500,000.00 each, to be duly executed under your authority after approval by the City Commission. Your signature below indicates your approval of Procurement's recommendation. Approved: E ilio T. a onzalez, P .D.,ity Manager Date: Vq- c: Joseph F. Napoli, Deputy City Manager Nzeribe Ihekwaba, P.E., Ph.D., Assistant City Manager Sandra Bridgeman, Assistant City Manager/Chief Financial Officer Rafael Suarez -Rivas, Chief Assistant City Attorney Steven C. Williamson, Director, OCI Hector Badia, Assistant Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR19246 CITY OF MIAMI OFFICE OF THE CITY CLERK BID SECURITY LIST BID ITEM: JOB ORDER CONTRACTING (JOC) FOR HORIZONTAL AND VERTICAL CONSTRUCTION SERVICES BID IYUMBER: RFP NO. 18-19-001 DATE BID OPENED: May 29, 2019 TIME: 2:00 p.m. BIDDER BID TOTAL BID BOND (ER) AMOUNT CASHIER'S CHECK UBC - Unitech Builders Corp. (two boxes) See attached See attached Johnson Laux Construction See attached See attached Metro Express, Inc. See attached See attached Terra Hyle Contractors, Inc. See attached See attached David Mancini & Sons, Inc. See attached See attached Danz Contracting, LLC (two envelopes) See attached See attached D2Construction, Inc. (two envelopes See attached See attached HCI - Harbour Construction, Inc. (two envelopes) See attached See attached Florida Engineering & Development, Corp, See attached See attached LEGO Construction, Co. See attached See attached GEC Associates See attached See attached BDI Construction See attached See attached RIC-MAN Const., Inc. See attached • See attached Maggolc, Inc. See attached See attached LEE Construction Group, Inc. See attached See attached H&J Asphalt, Inc. See attached See attached J.R.T. Construction, Co. (two boxes) See attached See attached - TEAM Contracting See attached See attached 1 CITY OF MIAMI OFFICE OF THE CITY CLERK BID SECURITY LIST Stone Concept Miami, Inc. See attached See attached Person RVceivin,zBid On: •• t(C;1° Today's Date Received (19) bid(s PREPARED BY: 2 Detail by Entity Name �- Page 1 of 2 Florida Department of State (j? p��R ThvErioii of g an official .irate u% Fk rjtfrj ss=e%.);lte Department of State / Division of Corporations / Search Records / Detail By Document Number / DIVISION OF CORPORATIONS Detail by -Entity Name Florida Profit Corporation LEGO CONSTRUCTION CO. Filing Information Document Number P06000010003 FE1/EIN Number 20-4245999 Date Filed 01/23/2006 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 10/30/2014 Event Effective Date NONE Principal Address 1011 Sunny Brook Road Suite 905 MIAMI, FL 33136 Changed: 02/25/2016 Mailing Address 1011 Sunny Brook Road Suite 905 MIAMI, FL 33136 Changed: 02/25/2016 Registered Agent Name & Address Gutierrez, Gustavo, Esq. 11402 NW 41 ST Suite 202 MIAMI, FL 33178 Name Changed: 02/25/2016 Address Changed: 02/25/2016 Officer/Director Detail Name & Address Title PSTD GARCIA, LUIS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 11 /20/2019 Detail by Entity Name Page 2 of 2 280 SOUTHWEST 20TH ROAD SUITE 506 MIAMI, FL 33129 Title V GARCIA, LUIS 280 SOUTHWEST 20TH ROAD SUITE 506 MIAMI, FL 33129 Annual Reports Report Year__ _ ___Filed -Date 2017 01/05/2017 2018 01/15/2018 2019 01/04/2019 Document Images 01/04/2019 —ANNUAL REPORT 01/15/2018 —ANNUAL REPORT 01/05/2017 — ANNUAL REPORT 02/25/2016 — AMENDED ANNUAL REPORT 01/27/2016 —ANNUAL REPORT 02/24/2015 —ANNUAL REPORT 10/30/2014 — Amendment 03/12/2014 — ANNUAL REPORT 04/15/2013 --ANNUAL REPORT 04/07/2012 — ANNUAL REPORT 04/29/2011 — ANNUAL REPORT 02/05/2010 —ANNUAL REPORT 04/10/2009 -- ANNUAL REPORT 04/30/2008 — ANNUAL REPORT 02/04/2007 --ANNUAL REPORT 01/23/2006 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations http://search. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 11 /20/2019 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Procurement DEPT. CONTACT PERSON: Anthony Rolle/Luis Caseres NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Lego Construction co. EXT. 1914 IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ 2,500,000.00 FUNDING INVOLVED? ❑ YES ❑ NO TYPE OF AGREEMENT: —0 MANAGEMENT -AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) Cr ❑ PUBLIC WORKS AGREEMENT-; ❑ MAINTENANCE AGREEMENT~ ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT Construction Contract - Vertical Construction YESn NO PURPOSE OF ITEM (BRIEF SUMMARY) RFP No. 18-19-001 - Job Order Contractin;• (JOC for Horizonal and Vertical Construction Services COMMISSION APPROVAL DATE: 10/10/19 FILE ID: R-19-0386 ENACTMENT NO.: 6547 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING' INFORMATION " b , Date Signature/Print ' C t • 12 t pD lii Annie Perez' yy' =1 APPROVAL BY DEPARTMENTAL DIRECTOR SUBMITTED TO RISK MANAGEMENT a 4/%f Ann- rie S Cv SUBMITTED TO CITY ATTORNEY �� r 7 Victoria Me 7 A3zo th.z o@ lA v. 'e APPROVAL BY BUDGET OFFICE tk)L d'e�e �`^ --(',,. aoaLk �6t \ti-� a�'tw- a tC• 2b .O ns ' • APPR V L BY ASSISTANT// IT MANAGER '/ s , Sandra ridgema PPRIO' VAL BY ASSISTANT CITY M NAG R q Nzeribe Ihek APPROVAL BY DEPUTY CITY MANAGER //34AD Joseph F. Napoli JW490 LI RECEIVED BY CITY MANAGER Emilio T. Gonzalez, Ph.D. SUBMITTED TO AND ATTESTED BY CITY CLERK ���� Todd Hannon 1) ONE ORIGINAL TO CITY CLERK 2) ONE COPY TO CITY ATTORNEY'S OFFICE 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 20034 Beeman, Sandra To: Subject: McCray, Edith FW: LSR Bond Funding - Addendum to JOC Contraacts We will sign the JOC Contracts to allow them to move forward as recommended by Attorney Jackson. Any JOC contract used for GOB Projects, OCI will attach the required addendum. See e-mail below. From: Bridgeman, Sandra Sent: Monday, January27-2020 10:42 AM To: Ihekwaba, Nzeribe <Nlhekwaba@miamigov.com> Subject: FW: LSR Bond Funding - Addendum to JOC Contraacts Please see legal opinion below. Thanks! Snady From: Jackson, Robin Jones <RJonesJackson@miamigov.com> Sent: Friday, January 24, 2020 6:20 PM To: Williamson, Steven <SWilliamson@miamigov.com>; Ponassi Boutureira, Fernando <FPonassi@miamigov.com>; Bridgeman, Sandra <SBridgeman@miamigov.com>; Velez, Pablo <pvelez@miamigov.com>; Min, Barnaby <bmin@miamigov.com> Cc: Kelvin Kercado <kelvin.kercado@gmail.com>; Mora, Jorge <JMora@miamigov.com>; Badia, Hector <hbadia@miamigov.com>; Ujkani, Sylejman <SUikani@miamigov.com>; Lopez, Marcia <MLopez@miamigov.com>; Bailey, Deborah A <DBailev@miamigov.com> Subject: RE: LSR Bond Funding - Addendum to JOC Contraacts Respectfully: OCI has verified that the JOC Contracts are being used for bond projects so bond compliance language must be included. The originals have been signed off in our office and are moving forward with City Manager's Office; we are drafting a separate addendum to be signed separately for bond projects so that other projects can move forward under original JOC Contracts. Thanks All, Robin Jones Jackson, Division Chief of Transactions City of Miami Office of the City Attorney Telephone: 305-416-1853 Facsimile: 305-416-1801 rjonesiackson@miamigov.com Assistant: Deborah Bailey 305-416-1827 Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message. Nothing in this e-mail message shall, in and 1 of itself, create an attorney -client relationship with the sender. Under. Florida Law, e-mail addresses and the contents of the e-mail are public records. If you do not want your e-mail address, or the contents of the e-mail, released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. iF Please consider the environment before printing this e-mail. From: Williamson, Steven <SWilliamson@miamigov.com> Sent: Friday, January 24, 2020 3:59 PM To: Ponassi Boutureira, Fernando <FPonassi@miamigov.com>; Bridgeman, Sandra <SBridgeman@miamigov.com> Cc: Kelvin Kercado <kelvin.kercado@gmail.com>; Jackson, Robin Jones <RJonesJackson@miamigov.com>; Mora, Jorge <JMora@miamigov.com>; Badia, Hector <hbadia@miamigov.com>; Ujkani, Sylejman <SUikani@miamigov.com> Subject: RE: LSR Bond Funding - Addendum to JOC Contraacts I guess I'm trying to understand why the new JOC contracts would not be available to be used for bond projects... many of OCI's projects are funded by various bonds, whether the Miami Forever Bond or not. Every construction contract mechanism in the City should be written and executed to use for bond -funded projects. I certainly hope the addendums will move quickly because as we continue to wait for the new JOC contracts to be signed off on, we are hampered with the same situation we've been having... few JOC contractors with limited capacity and in some case capability resulting in poor quality construction that frequently runs over cost and schedule. Need some help on get the new Best Value JOC contracts finalized as soon as possible. Thanks, Steve From: Mora, Jorge <JMora@miamigov.com> Sent: Friday, January 24, 2020 2:10 PM To: Ponassi Boutureira, Fernando <FPonassi@miamigov.com>; Badia, Hector <hbadia@miamigov.com> Cc: Williamson, Steven <SWilliamson@miamigov.com> Subject: Re: LSR Bond Funding - Addendum to JOC Contraacts Ok. Get Outlook for IOS From: Ponassi Boutureira, Fernando <FPonassi@miamigov.com> Sent: Friday, January 24, 2020 2:08:46 PM To: Badia, Hector <hbadia@miamigov.com>; Mora, Jorge <JMora@miamigov.com> Cc: Williamson, Steven <SWilliamson@miamigov.com> Subject: FW: LSR Bond Funding - Addendum to JOC Contraacts FYI Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP Assistant Director, A&E and Construction Services 2 Department of Procurement, City of Miami 444 SW 2^d Avenue, 6th Floor Miami, FL 33130 lit (305) 416-1902 FPonassi@miamigov.com "Serving, Enhancing, and Transforming our Community" From: Bridgeman, Sandra <SBridgeman@miamigov.com> Sent: Friday, January 24, 2020 12:52 PM To: Min, Barnaby <bmin@miamigov.com> Cc: Jackson, Robin Jones <RJonesJackson@miamigov.com>; Velez, Pablo <pvelez@miamigov.com>; Ponassi Boutureira, Fernando <FPonassi@miamigov.com>; Perez, Annie <AnniePerez@miamigov.com>; Napoli, Joe <JNapoli@miamigov.com>; Rose, Christopher <crose@miamigov.com> Subject: LSR Bond Funding - Addendum to JOC Contracts Happy Friday! May this email serve as a "LSR" to please draft an addendum to JOC contracts as they may be used for Bonds funding Projects. We will sign -off on current requests and we will have the addendum ready for OCI when the addendum is executed. Effective immediately. Let me know if you need anything else, Thank you! Sandy Sandra Bridgeman, CPA Assistant City Manager/ Chief Financial Officer City of Miami 305-416- 1027 Sbridgeman@miamigov.com Visit us at: www.miamigov.com 3 ILEGO CQTR NSUCT►ON Co. LEGO Construction Company 1011 Sunnybrook Road Suite 905 Miami, Florida 33136 Phone: 3053818421 Fax: 3058579916 Transmittal #1 Project: 215 - COM-RE19-JOC-Horiz. and Vert. Construction Service Contract Execution Form and Corporate Resolution TO: Anthony Rolle CREATED DATE: 11/21/2019 COPIES TO: FROM: Mariela Lobo (LEGO Construction Company) 1011 Sunnybrook Rd Suite 905 Miami, FL 33136 Miami, Florida 33136 TRANSMIT: VIA: FOR: ACTION: Further Processing Out for Signature Transmittal Items DESCRIPTION FORMAT DATE COPIES Contract Execution Form and Corporate Resolution Document 11/21/ 2019 4 Comments BY G 0-4Vileg DATE / ' COPIES TO LEGO Construction Company Page 1 of 1 Printed On: 11/21/2019 02 :58 PM LEGO - : corvsr���rtorv:c9. LEGO Construction Company 1011 Sunnybrook Road Suite 905 Miami, Florida 33136 Phone: 3053818421 Fax: 3058579916 Transmittal #1 Project: 215 - COM-REI9-JOC-lioriz. and Vert. Construction Service Contract Execution Form and Corporate Resolution TO: Anthony Rolle CREATED DATE: 11/21/2019 COPIES TO: FROM: Mariela Lobo (LEGO Construction Company) 1011 Sunnybrook Rd Suite 905 Miami, FL 33136 Miami, Florida 33136 TRANSMIT: VIA: FOR: ACTION: Further Processing Out for Signature Transmittal Items DESCRIPTION FORMAT DATE COPIES Contract Execution Form and Corporate Resolution Document 11/21/2019 4 Comments BY • DATE COPIES TO LEGO Construction Company Page 1 of 1 Printed On: 11/21/2019 02 :58 PM NIELSON, HOOVER & COMPANY, INC. November 20, 2019 ui V Z w w u_ w 0 w 2 Re: Lego Construction Co. Bond no. 21BCSIE5831 City of Miami 444 SW 2nd Avenue Miami, FL 33136 Project: Job Order Contract for Horizontal & Vertical Construction — 18-19-001-V-9 O To Whom It May Concern; Please allow this letter to serve as formal authorization for City of Miami to date the ._ captioned bond and Power of Attorney to coincide with the Contract Date. Please advise" our office once dated. Thank you and if you have any questions or need additional information, please feel free o' W O O z O (n w z uJ F- W Gice le aj W 2 (n to contact our office anytime. Si ► ere /./ r,• Contract Bond Specialist 8000 Governors Square Boulevard Suite 101 Miami Lakes, FL 33016 P: 305.722.2663 F: 305.558.9650 www.nielsonbonds.com a3o(6, CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Anthony Rolle, Senior Procurement Contracting Officer Procurement - COM FROM: Pablo R. Velez, Assistant City Attorney DATE: December 19, 2019 RE: Lego Construction Co.- Vertical Construction- Job Order Contracting- RFP No. 18-19-001 Matter ID No.: 19-3143 Enclosed, please find the captioned agreement which has been approved by the City Attorney as to form and correctness. Once this agreement has been fully executed please file one original agreement with the City Clerk as the official record, please keep one original agreement as your Department record, and please e-mail a copy of the fully executed agreement to my assistant at tmickens@miamigov.com. We will be closing our file on this matter unless additional services are requested. If you have further questions, please feel free to contact me at 305-416-1800. ' Enclosure(s) WHEN RETURNING THIS CONTRACT TO TH IS OFFICE FOR FURTHER REVIEW, PLEASE IDENTIFY AS 19-3143 Doc. No.: 1267564