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AGREEMENT INFORMATION AGREEMENT NUMBER 23056 NAME/TYPE OF AGREEMENT HARBOUR CONSTRUCTION, INC. DESCRIPTION CONSTRUCTION CONTRACTNERTICAL CONSTRUCTION/RFP-18-19-001/FILE ID: 6547/R-19-0386/#52 EFFECTIVE DATE February 4, 2020 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/4/2020 DATE RECEIVED FROM ISSUING DEPT. 3/12/2020 NOTE CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Todd Hannon City Clerk FROM: Luis Caseres Construction Procurement Assistant DATE: March 11, 2020 SUBJECT: RFP 18-19-001 — Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 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: Harbour Construction Co. Program/Purpose: Job Order Contracting (JOC) for Horizontal and Vertical Construction Services Effective Date: 02/04/20 REQUEST FOR PROPOSAL ("RFP") NO. 15-19-001 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 TABLE OF CONTENTS NOTICE TO CONTRACTORS..........................................:.......... ................................ 7 SECTION 1 - INSTRUCTIONS FOR SUBMISSION 9 1. Intention of City 9 2. Scope of Work 9 3. Location of Project(s) 10 4. Performance of the Work10 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 17. Local Workforce Participation 18 18. Responsible Wage and Benefits 20 20. Public Entity Crime............................................................................................... 21 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. Definitions ............. ...............................................................................................23 2. Time is of the Essence 28 3. Contract Term 28 4. Notices 28 5. Priority of Provisions 30 6. Indemnification 30 7. 8. 9. 10. 11. 12. 13. Insurance..................................................................................................................31 Performance and Payment Bond ..............................................................................34 Qualification of Surety 35 General Requirements 36 Method of Performing the Work 36 Work Staging and Phasing 37 Site Investigation and Representation - 37 14. Contractor to Check Plans, Specifications, and Data38 15. Contractor's Responsibility for Damages and Accidents ........... 38 ....................... 16. Accidents �;: 38 17. Safety Precautions �ta3 38 18. Occupational Health and Safety 39 19. Labor and Materials t9� 40 20. Rules, Regulations, Laws, and Licenses. avii Job Order Contracting (JOC) for Horizontal and Vertical Construction Services IVIV Ivy 20. :01 Dlz 40 21. Consultant Services.............................................................:.....................................40 c 3 n 303� 2 RFP No. 18-19-001 22. Project Management.............................................................................................. 41 23. Superintendence and Supervision 41 24. Authority 6f 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 Work44 30. Differing Site Conditions 44 31. Existing Utilities 45 32. Contractor's Responsibility for Utility. Properties and Service 45 33. Interfering Structures 46 34. Field Relocation 46 35. Contractor's Use of Project(s) Site(s)46 36. Warranty of Materials and Equipment46 37. Material and Equipment Shipment, Handling, Storage and Protection 47 38. Manufacturer's Instructions 48 39. Manufacturer's Warranty 49 40, Reference Standards 49 41. Submittals 49 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. Substitutions 53 49. City Furnished Drawings54 50. Interpretation of Drawings and Documents54 51. Product and Material Testing 54 52. Field Directives 54 53. Changes in the Work or Contract Documents 55 54. Continuing the Work 55 55. Supplemental Job Orders 55 56. Supplemental Job Order Procedure56 57. No Oral Changes 56 58. Value of Supplemental Job Order for Extra Work 57 59. Extra Work Directive 57 60. As -Built Drawings 57 61. Worker's Identification 58 62. Removal of Unsatisfactory Personnel59 63. Substantial Completion, Punch List, and Final Completion59 64. Acceptance and Final Payment 60 65. NPDES Requirements 60 66. Force Majeure 60 67. Extension of Time 61 68. Notification of Claim 62 69. Extension of Time not Cumulative62 70. No Damages for Delay................................................................:62. 71. Excusable Delay, Non -Comp ensable 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 VfDefective orNon-Cunform/ngWork 03 75. Uncovering Finished Work 04 76. Correction ofWork 64 77. Maintenance ofTraffic and Public Streets 64 78. Location and Damage boExisting Facilities, Equipment, orUtilities 66 79. Stop Work Order 66 GD, Hurricane Preparedness 87 81. Use ofCompleted Portions 07 82. Cleaning Up; CKx'oRight hoClean Up 68 83. Removal ofEquipment 60 84. Gat-uffo,Withholdings, and Deductions 68 85. Event ofDefault 68 OO. Notice ofDefault-Opportunity t¢Cure ....... .................. ............................... O0 87. Termination for Default ....................................... OQ 88. Remedies inthe Event ofTermination for Default' 70 89. Termination for Convenience 70 90. Resolution ofDisputes 71 91. Med|atiUn'VVaiverofJury Trial 72 92. City May Avail Itself ofAli 'Rennodies 72 93. Permits, Licenses and Impact Fees ...............,..........'..~.~-.--.'.........-78 94. Compliance with Applicable LevVm ...........,..........._...-......,.........-78 95. Independent Contractor 73 SO. Third Party Beneficiaries 74 97. Successors and Assigns /4 98. Materiality and Waiver ofBreach 74 99, SaVenabiihv....... ............................ ..~,.,.,._.,__,,..^`,..,,.,,,,,.,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, GrVvvO. or Produced |Dthe City UfMiami, Miami -Dade County, and the State ofFlorida -..........-.............-..-...............-_.-.j6 Royalties and Patents ....~......'..................._......~-................. Continuation ofthe Work 0 Review ofRecords 70 No Interest 77 Payments Related tnGuaranteed Obligations 77 Consent nfCity Required for Subletting nrAssignment 77 Agreement Limiting Time /nWhich toBring Action against the City 77 78 78 78 78 78 .-.....-.-TQ 7S Contingency Clause Mutual Obligations Contract Extension Non -Exclusivity Nature of the Agreement Contract Oocun�entncontain aUTemns Survival Oim�oyunenfState Fund�o,�aookmb�. ^^^^^~-^^^^^-^ Job Order 4 Hohzont�and Vo�oa Construction Services 7S ������.-...--.-- 78 n°~- ��'~'-' ������ �I 8011/ w� [�3 U�/``.2~-- SECTION 3 - SUPPLEMENTAL TERMS AND CONDITIONS ...................................... 81 1. Contract Term81 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 Package3 7. Review of the Proposal Package and Issuance of the Job Order85 8. Economic Price Adjustment 86 9. Computer Requirements 86 10. Progress Payments 86 11. Liquidated Damages 87 12. Schedule of Values 88 13. Construction Schedules ......................... ....... ......................................................<88 14. Release of Liens/Subcontractor's Statement of Satisfaction89 15. Progress Meetings 89 16. Request for Information 90 17. Project Site Facilities 90 18. Inspection of Work 90 19. Security 91 20. Construction Signage............................................. ........ ........................ ........ .<91 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 Use 93 27. Job Order Contracting Software and License Fee94 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 Customer Reference Listing 123 Reference Letter for Vertical Project ...............................<. ...... ............ ....... ..... ........ 125 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 FORM .................. 149 CorporateResolution150 Form Of Performance Bond 152 Certificate As To Corporate Principal 157 Form A - Information For Determining Joint Venture Eligibility 161 Job Order Contracting (JOC) 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 REQUEST FOR PRO("RFP")NO. 18-19~001 NOTICE TO CONTRACTORS Sealed Proposals will be received by the City of Miami, Office wfthe City Clerk, City Hall, 1m Flomr, 3500 Pan American Drive, Miami, Florida 33133'55O4for: ' JOB ORDER CONTRACTING (JOC) FOR HORIZONTAL AND VERTICAL CONSTRUCTION SERVICES Proposals Due: Wednesdav,&Yav, 22,2019mt 2:00 P.M. This Notice to Contractors |ofor the award of Job Order Contract (JO<]. AJOC is m competitively awarded, firm, and fixed priced, indefinite quantity contract. 1. Scope of Work: Includes a oo||act/nn of detailed repair and construction bnokn and specifications that have established unit prices. It is placed with the "Contrantor"for the accomplishment of repair, a|ternaUon, modernizet|on, nmaintanonoe, rehabU\totion, demo|ition, and construction of infnaotruntura, buUdingm, utructuree, and/or other real property. Under the J(]C Concept, the Contractor furnishes all management, materials, labor, equipment and incidental scope development services necessary to complete projects, unonamneededbamio.forthafo||ovving: A. Horizontal Construction Proiects \nn|ude, but are not limited to: new construction repoir, maintenance, and/or reconstruction, and may also include underground storm and/or sanitary sewer systems and components such as pump stationm, force mains, injection wells and disposal outfalls; rights -of -way and streetscape improvements (roads, sidewalks and swale areas) including, without limitation, street grading, pavement mi|/ing, pmVing, curb and gutter installation, etriping, sidewalks, pavers, irrigation systems, lighting and landscaping; and waterway improvements and maintenance. B. Vertical Construction Pru7ecte ino|ude, but are not limited to: new construction, alteration, renovation and rehabilitation of City of Miami (the "Qb/') property and facilities; capital project maintenance; expansion of pork and vucnamUona\ fanUitiea, community and day cone centers, administrative offices and facilities, fire stations and support facilities, poli.ce facilities, performance venues and marinas. Work shall be accomplished by means of issuance of a task order against the JOC. The projects avvardedunderJubC)rderContnycUng(JOO)forHo`izmnto|ondVertica|Conntruotinn8en/inem (JOC Contracts) will typically be less than $1,000,000.00, and may cover a wide variety of projects. Selected Proposers must be capable of self -performing at least thirty percent (30Y6) of the physical construction labor for horizontal projects. Forhor|zon1o/p 'ectnthethirtypencent(3O%)ne|f-parfnrmanoe is applicable toeach and every phase separato}y, if)tia a phased project. However, selected Proposers are not requiredto seif-perform a certain percentage of the physical construction labor for vertical projects. The Office of Capital Improvements ([)C|) anticipates awarding ten (10) J[)C Contracts for horizontal construction services with annual maximum capacities of $2.500.000.00 each, and tan (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 beat 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 Pnopuoero, if determined to be in the best interest of the City. The term of the Contracts awarded pursuant to this RFP shall be for an initial period of two (2) years commencing on the effective dote hereof.The City, by action of the City Manager, and the Selected Proposers, hereafter referred to as Contractor(s), shall have the bilateral option to extend the term of each Job Order Contracting (JOC)for 7 RFPNo. 1848'0O1 Horizontal and Vertical Construction Services Contract for two �> additional periods of one (1) year each, toContractor'soContractor'scontinued satisfactory as determined by the Director of [)CL and subject to the availability and appropriation offunds. 2. Minimum Requirements: Proposers shall possess all of the following minimum requirements: A. Horizontal Construction PrmUemto - Hold -a currently active State of Florida Certified General Contractor |ioenoe.ora General Engineering Contractor's Ceddfiosto of Competency issued 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 ||cenoe, or a State of Florida Certified Building Contractor ||omnum, as of the Proposal due date. C. Have mminimum offive /O\years' experience, under its current business nome,inthe construction of a/nni|ar projects a described for the applicable JOC Contract herein, supported by references for six (0) separate projects oornp|ob»d 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 a continuing condition of ovvmrd. an 8o|aoted Proposers must maintain these minimum qualifications throughout the duration of the Contract. The Department qfProcurement has scheduled mVOLUNTARY PRE'PROPOSALCONFE0iENCE to be held atthe following date, time, and location: Location: yWiom| Riverside Center nu m 444�VV�mAvonua.� Floor South Conference. Room' Miami, FL 33130 Date/Time: Friday, April 26.2010ad10:00a.no. ALTHOUGH ATTENDANCE IS NOT MANDATORY, THE CITY STRONGLY -ENCO'RAGES PROSPECTIVE PROPOSERS TO-ATTEKUD. The RFP, documents may be obtained by visiting the OC|'o vvebaite: hftio:/Iwww.miamiqov.com/MiamiCapitaI/NewBidsandProposals,htmI on or after Friday, April 19, 2019. It is the sole respnmmlb||itV of all Ppmpooana to ensure their receipt of aov addendum. It is recommended that firms pmModioa||v check the 0CUwebma0e for updates and the issuance of addenda. All Proposals shall be submitted in accordance with the Instructions to Proposers identified in Section 1. Instructions for Submission. Proposals must bmsubmitted in printed duplicate originals and omCD or LJSB Or|xw in SEARCHABLE PDF format mtthe time, date and location stated, where Proposals will bepublicly opened. Any Proposals received after the time and date specified will not baconsidered. The responsibility for submitting m Proposal before the stated time and date in oo(ek/ 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 TOTHE "CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271 Section 18~74, CITY<JP M]A8OU CITY CODE, as amended. 8 RFPNn 1O4O�� Job Order Contracting 'Horizontal and Vertical Construction Services . SECTION I . INSTRUCTIONS FOR SUBMISSION 1. Intention of Citv It is the intention of City to describe /n this RFP job Order Contracts (JOC) for Horizontal and Vertical Construction (J<)C Contracts) and related J{}C programs administered by the City for the, procurement of Project(s) to be completed in accordance with all codes, |ovve, rules opp|ioob|a mtondnrda, specifications,mnanua|o'andre8u|otinnognvern|ngo||theVVnrktobepodbrnnedunder the Contract(o). Contractor(s) shall supply any work, \obur, materials and/or equipment, and management that may reasonably be inferred from the Contract as being required to produce the intended raou|tn, whether nrnot specifically called for in the Contract Documents. VVhmro vvnndo have o well-known henhnioe|, or trade meaning is used to describe worh, rnetaria|a or equipment, such vvonde shall be interpreted in accordance with that meaning. Referonca to standard opec|f|uationo, manuals, or nodes ofany technical society, organization or association, or to the |avvo or regulations of any governmental outhority, whether such reference be specific or by innpUombun, shall mean the latest standard upeuifiooUon, rnanua\, ooda, ru{e, regu|oUon, orlaws nr regulations ineffect ot 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, machinery, tools, means of transportation, supplies, equipment, materials, and management and other services, and incidentals necessary to complete projects at a rate of progress that will ensure completion of the Work within the stipulated Job Order Completion Time. J{}C is on indefinite do|km,y, indefinite quart itycontract pursuant bowhich the Contractor ohoU perform an ongoing series ofindividual Projects, at different |nomdnno, often oimu|tmneoum|y, at various City owned or controlled locations. The RFP documents include a Construction Task Cato|ng'(CTO) containing construction tasks with pre -established Unit Prices. All Unit Prices are based on local labor, material, and equipment prices, and are intended to reflect the direct cost of construction (excluding overhead and profit). Individual Projects are awarded on an as needed basis. JO{:)none procurement method used bythe City toaward construction Projects, huvvnvar, the City reserves the right to use alternative procurement methods if determined to be in the best, interest of the City. The award of J<]C Contract does not provide any guoranhse, exo|oaiv\tv' or right to the ovvord of any Project(s) from the City, • Horizontal Construction Pnoiectoino|ude. but are not limited to: new construction n»pair, maintenance, and/or reconstruction. and may also include underground storm end/or sanitary nevversystems andcomponents such aspump stations, force mains, injection vve|\m and disposal VuthaUn; rights -of -way and ntreetocopm improvements (roado, sidevvm|ha and swale areas) including, without limitation, street grading, pavement milling, paving, curb and gutter inotaUoUon, otripinQ, n/devYa|ho' povwno. irrigation oymterno. lighting and |endouop|nQ| and waterway improvements and maintenance. * Vertical Construction Proleots include, but are not limited to: new construction, o|bynation, renovation, and rehabilitation of City owned or leased property and facilities; capital project nno|nb*nonne| expansion of pork and recreational fau||itioo, community and day care nentmra, administrative offices and fecUiUas, fire stations and support facilities, police facilities, performance venues and marinas. Job Order 9 RFPNo. 1O4g-0O1 Horizontal and Vertical Construction Services 3 Location of Project(s) will be located anywhere within the boundaries of the City. 4. Performance of the Work Contractor shall se[f-perform at least thirty percent (30%) ofthe- physical construction labor for horizontal contracts. If such contract is ohaoed, segmented or otherwise Incrementally performed this self -performance requirement will apply to each and every phase, segment, or increment. If a Contractor has more than one (1) contract pursuant to this RFP this self -performance requirement will apply jointly and severally to each and every contract the Contractor is awarded under this RFP. By submitting o Proposal, the Proposer certifies that it will utilize its nvvn employees to meet this requirement. As port of the Proposal, the Proposer must include the form titled "Questionnaire." Failure to complete and submit this form, or to meet this nequirement, shall namu/t in the Proposal being deemed non -responsive. Where the City determines that Contractor is deemed as not meeting this requirement during the performance of the Work, then the Contractor shall be in default ofthe Contract. Contractor shall not be required to self -perform a certain percentage of the phya|oo| construction labor for vertical contracts. 5. Examination of Contract Documents. It is the responsibility of each Proposer, before submitting a Proposal, to: • Carefully review the RFP Documents, including any Addenda and notify the City of all conf|ioto, errors, or discrepancies. ° Take into account federal, state and local (City and Miami -Dade County including, without limitation, the Qtv'a Procurement Ordinance and Florida Building Code) |owm, regulations, ordinances that may affect aPropoae/eability tnperform the Work. • Sign and return all required RFPforms and/or addenda, oaapplicable. In addition to the documents identified in Article 1, Definitions, of the General Terms & Conditions the RFPDocuments include: VOLUK8E|: Project Manual ' VOLUME It: Construction Task VOLUME III: Technical Specifications The submission ofeProposal shall constitute on incontrovertible representation bvProposer that it will ounnoly with the requirements of the Contract Documents and that without axnooUon, the response is premised upon performing and furnishing Work required under the Contract Dnounnnnto and that the Contract Documents are sufficient in detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Addenda Only questions answered vie written addendum will be binding. Oral and other interpretations or clarifications will be without legal binding effect and should not be relied upon in preparation of a Proposal response. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Department of Procurement (Procurement) in writing, to the attention of Sade Chaney at oroUeOm|anmiOov.00m' with a copy to the Office ' of the City Clerk at roemtiUoamiann|,qov.conn. Interpretations or clarifications considered necessary by Procurement in response to such questions will be issued by the City by means of an Addendum. All Addenda will beposted onthe {]C|webpoge.Written questions must bareceived bythe City, oolater than Friday, May 3' 2019 mt5:00P.M. Job Order 10 RFPNo, 1849-OO1 Horizontal and Vertical Construction Services 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 Tab 2: Comparable Construction Experience The City is seeking to obtain the services of a Proposer with comparable project experience. Proposers are hosubmit five (5) projectsfor each ofthe following three (8) categories for atotal of fifteen (15)projects ina||.Emohoubnnittedp 'nntrnuothovemfino}onoeptancedmbamftorJonuary 1.2013.P 'ectoUlathmveofina(mcoeptoncebeforoJonuary1.2U13ordonotyethavaafina| acceptance date will not be considered. If submitting n Proposal for vertical oonotruotion, submit vertical projects as comparable construction experience. If submitting a Proposal. for horizontal construction, submit vertical projects oaconnpanab|aoonotruoUonexpndenoe. ° Five /5\projects vvhooefinm|vo|ueino|udingchanOenndenaiaequa|toor|emathan$50.UO0. Complete a separate Proposal Form I (Section 5) for each project under this category and attach anadditional sheet describing the scope nfwork. • Five /5\projects vvhomefina|ve|ueinc|udingchongoorderoisgneotorthan$50'OOObut|eoe than or equal to $250.000. Complete a separate PropVaa} Form 2 (Section 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 an additional sheet describing the scope of work. Tab3: Key Personnel. The City is seeking to obtain the services of Proposer whose proposed staff has extensive nonotruotionaxperinnno.Foremohpoa|Uonbe|ovv.00mp|etetheopprnpriateattoohnnantandottaoh nremume. � Contractor Project Manager: Complete Proposal Form 4 (Section 5> for the proposed Contractor Project Manager that will be assigned to the Contract and attach a resume. ° General Field Superintendent: Form 5) for the proposed General Field Superintendent that will boassigned tothe Contract and attach aresume. In addition to identifying the Key Personnel assigned tuthe Contract above, insert narrative detailing the Pnnpnae�n staffing plan for administering the Contract and providing high quality service to the Qty. Be ypao/fio in regards to the Pnopomer'a ability to assign additional staff if the volume of work requires it. The key personnel submitted with the Proposal shall be assigned<othoContrauct for the full duration of the Contract.TheContnyutormuotubta|ntheCity'ophorapprmvo|befonaoubntitutingonyofthe key personnel proposed with this Contract. Tsb4/ Safety Attach a letter from the Pnopooer's insurance oon`pony, on the insurance carrier's letterhead, stating the Proposer's Experience Modification Rate (EMR) for the past three calendar years: 2018, 2017, and 2016. If, during any year, the EMR is greater than 1.0, attach an explanation as to why the EMIR iagreater than 1.Oand steps taken toreduce the EK4R. Tab 5: SBEand 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 in this RFP. Specifically include details about prior levels nf8BE and Local Workforce participation and how the Proposer plans to meet orexceed the goals on this Contract. Tsb0: Price (Adjustment Factors) The Schedule of Prices requires that Proposers submit two (2) Adjustment Factors for this Contract. The Adjustment Factors are applied tothe Unit Prices in the Construction Task Cata\oOe <CTC\. 12 RFPNo i81SOV1 JobO,do,Contm�ing(JOC)fnr . ' ' When preparing a Job 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 Task Catalog® are priced at a net value of 1.0000. The Adjustment Factor(s) must be expressed as a percentage increase to or decrease from the Construction Task Catalog®. The Adjustment Factors shall be to the fourth decimal place (i.e. a five percent (5%) increase would be expressed as an Adjustment Factor of 1.0500 and a five percent (5%) decrease would be expressed as an Adjustment Factor of 0.9500). Proposers who submit separate Adjustment Factors for separate Unit Prices will be considered non -responsive and their Proposal will be rejected. One set of Adjustment 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 profit, equipment including, but not limited to, tools, services, permit fees, applicable taxes, overhead, and profit for the completion of the Work except as may be otherwise expressly provided ' in the Contract Documents. 'For evaluation purposes only, the following work distributions shall be used to determine the proposed price: [Pm] The Proposer's Adjustment Factors must take into account all the costs associated with completion of the Work as outlined below 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 an Adjustment Factor of Tess than 1.0000 are required to attach a separate narrative describing / certifying to the satisfaction of the City that: 1 All Unit Prices for all sections in the CTC were evaluated. 2 All costs not considered as part of the Unit Prices have been adequately considered and incorporated into the Adjustment Factors, including but not limited to: a) Business costs"as outlined below 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 as outlined below. c) Price variations between the published Unit Prices in the CTC and the actual cost for purchasing and installing those tasks. Adjustment Factor %Weight (For Evaluation Only) Normal Working Hours 80% Other than .Normal. Working Hours 20% Job Order Contracting (JOC) for 13 RFP No. 18-19-001 Horizontal and Vertical Construction Services 3 All other costs associated with the complete performance nfthe Contract have been taken into consideration and incorporated into 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 o synopsis ofsome nfthese onsto, which are shown more oomp|ete|y, and in more detail inthe Construction Task Cota|ogO pages O0-1toUO'O. a) Business costs, 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\ Ali taxes which are not waived 5\ Payroll taxes, worker's compensation and insurance costs 8) JO{}System License Fee b) Construction related ooatm. including but not limited to: 1> Services required to obtain fi|ings, building pernlita, and the cost of the permits 2\ Costs incurred to investigate work sites, develop work scopes, preparation and modification of proposals sketches, drawings, submittals, as -built drawings and other naoordu. 3\ Engineering and architectural services other than UlVae required for stamped drawings 4\ Construction vehicles 6\ Personnel safety equipment 0) Protection ofall surfaces during construction _ 7> Daily clean-up and professional final project okean'up Q\ Difficult and extreme working conditions Q\ Complexity of individual projects d Price variations: 1\ Any other pr�e variations or fluctuation must be taken into account inthaPnopoear'sAdjustment Factors. 2\ The Proposer is 8tnnDgk/ encouraged to review pages 00-01 to 00-08 of the CTC to get a better understanding of how the Unit Prices were developed and to fully understand costs are 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 |nthe Proposal being declared non'nmopomsive' 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 to be paid bythe City for Work performed under the Contract. Job Order 14 RFPNo. 18-19-0V1 Horizontal and Vertical Construction Services 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 Project's Detailed Scope of Work in accordance with the Contract Documents. The Contractor is expected to provide an accurate Price Proposal on its first submission, failure to do so 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 a copy of the formal agreement between all joint venture parties. This joint venture agreement must indicate their respective roles, responsibilities, and levels of participation for the Project. Failure to submit Form A, along with an attached written copy of the joint venture agreement may result in disqualification of the Proposal. All joint venture firms must meet the requirements stipulated in the Florida Statutes. Remainder of the. Section 5 Attachments, 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 PRE -PROPOSAL CONFERENCE will be held on Friday, April 26, 2019 at 10:00 A.M. at the Miami Riverside Center, 6th Floor, South Conference Room, 444 SW 2nd Avenue, Miami, FL 33130, to discuss this RFP. Since space is limited, it is recommended that one representative of each firm attend in order to become familiar with the RFP. Attendees are requested to bring this RFP Package to the conference. Although attendance is voluntary, the City strongly encourages prospective Proposers to attend. 11. Postponement of Proposal Due Date The City reserves the right to postpone the date for receipt through issuance of addenda, and will make a reasonable effort to provide at least five (5) calendar days' notice of any such postponement to prospective Proposers. 12. Acceptance or Rejection of Proposals The City reserves the right to reject any or all Proposals prior to award, to re -advertise for Proposals, and not award any Contract, in the sole discretion of the City. The City reserves the right to waive any minor or non -material technicality, informality, variance, deviation, omission or the like up to or prior to award of the Contract. Reasonable efforts will be made to either award the Contract or reject all 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 date. 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 OCI to award of the Contract by the City Commission. Job Order Contracting (JOC) for 15 RFP No. 18-19-001 Horizontal and Vertical Construction Services 13. Environmental Regulations and Building Codes The City reserves the right to consider a Proposer's history of citations, claims, and/or violations of environmental laws, rules, and/or regulations (Regulations) and/or Florida Building Code in determining a Proposer's responsibility, and further reserves the right to declare a Proposer not responsible if the history or frequency of violations warrant such determination in the opinion of the City. Proposer shall submit with its Proposal, 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 or violation 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 States, its possessions or territories. Proposer for purposes of the section shall mean the actual Proposer, any business entity that is a subsidiary, wholly or in which a majority of equity is owned by the Proposer, or its principals which for these purposes shall mean any officer, director or stockholder owning more than five (5%) per cent of its stock or a five (5%) percent equivalent interest. 14. RFP Evaluation/Selection 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 best interest of -the City. Proposers may submit Proposals for one or both Contracts; however, the City reserves the right to limit the number of contracts held by a Contractor, if in the best interest of the City. The City will issue the award of the Contracts to the responsive and responsible Proposer(s) whose Proposal offers the City the best value in terms of technical qualifications and price. When evaluating Proposals, the City shall utilize the following evaluation criteria: Evaluation :Criteria ' Weight Comparable Project Experience 25% Key Personnel Assigned to the Contract 20% Safety 15% SBE and Local Workforce Participation Plan 10% Schedule of Prices (Adjustment Factors) 30% TOTAL: 100% The price proposal will be evaluated subjectively in combination with the technical proposal, including an evaluation of how well it matches Proposer's understanding of the City's needs described in this Solicitation, the Proposer's assumptions, and the value of the proposed services. The City reserves the right to negotiate the final terms, conditions and pricing of the contract as may be in the best interest of the City. Upon completion of the technical criteria evaluation indicated above, rating and ranking, the Committee may choose to conduct oral presentations with the Proposer(s) which the Committee Job Order Contracting (JOC) for 16 Horizontal and Vertical Construction Services RFP No. 18-19-001 deems to warrant further consideration based on, among other considerations, scores in clusters and/or maintaining competition. The purpose of these presentations and discussions will be to clarify and assure Proposer's full understanding of, and responsiveness to, the solicitation requirements. Upon completion of the oral presentation(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 of the final scoring, the Evaluation Committee will determine the number of firms to be recommended for negotiations for the Horizontal and. Vertical Construction Contracts by determining and voting on a 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 awarded a 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 Working Hours and the Other Than Normal Construction Working Hours Adjustment Factors of the Proposers being awarded a Contract for vertical construction to determine the actual Adjustment Factors that the City will pay/award for vertical construction. If the City elects to average the Adjustment Factors as described above, each of the 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 above, by calculation of the City. The City reserves the right to pay/award the contracts based on actual Adjustment Factors received, instead of the averages described above. The City may require demonstration of competency and, at its sole and absolute discretion, may conduct site visits at the Proposer's office, require the Proposer to furnish documentation and/or require the Proposer to attend a meeting to determine the Proposer's qualifications and ability to meet the terms and conditions of this Contract. The City shall consider, but not be limited to; such factors as financial capability, labor force, equipment, experience, knowledge of the trade work to be performed, the quantity of Work being performed, and past performance on City projects by the Proposer. The Proposer must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that it can satisfactorily provide the goods and/or services required herein. The City, at its sole discretion, may determine a 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 a trustee or receiver has been appointed over all or a substantial portion of the property of the Proposer under federal bankruptcy law or any state insolvency, may be declared non -responsive. Any Proposer who may have filed a lawsuit against the City or where the City has filed a lawsuit 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 a contract may protest in writing to the Chief Procurement Officer, in Accordance with the procedures contained in Section 18-104, Resolution of protested solicitations and awards, as amended, of the City Code, Ordinance No. 12271 (the City of Miami Procurement Code) describing the protest procedures. Protests failing to meet the requirements for filing shall NOT be accepted. Job Order Contracting (JOC) for 17 RFP No. 18-19-001 Horizontal and Vertical Construction Services Failure of a party to timely file shall constitute an absolute waiver of such party's rights to file a protest. NO EXCEPTIONS TO THIS REQUIREMENT. 16. Small Business Enterprise ("SBE") Participation TheContractor must comply with the following SBE participation requirements. All instructions, required forms, and other information necessary for complying with the SBE participation requirements are available on the OCI webpage. a) The Contractor must assign a minimum of fifteen percent (15%) of the Contract value to a respondent or to a construction related enterprise currently certified by Miami- Dade County as a Small Business Enterprise (SBE) as set forth in Sec. 10-33.01 and Sec. 10-33.02 of the Miami -Dade County Code; b) Five percent (5%) of the Proposal amount shall be retained by the City for the SBE requirements until said requirements are fulfilled and verified within six (6) months of Contract completion pursuant to Section 18-89 of the City Code. Failure to comply with the SBE requirements within six (6) months of Contract completion shall result in the forfeiture of the retained amount to the City. This five percent (5%) retainage is included within the ten percent (10%) retainage normally withheld by the City; c) c) The Contractor shall retain the services of an independent third party to verify and certify compliance with these requirements on a quarterly basis in accordance with Section 18-89 of the City Code. Said third party shall be unaffiliated with the respondent and be properly licensed under the provisions of Section 454, 471, 473, or 481 of the Florida Statutes. The person performing the verification shall have a minimum of two (2) years of prior professional experience in contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this verification shall be included in the related contract costs. The following link is to the Miami -Dade County website where Proposers can view the current listing of certified SBE contractors by trade. Contractors will be required to submit Monthly Utilization Reports (MUR) to demonstrate SBE compliance: http://www.miamidade.gov/smallbusiness/library/reports/certify-csbe-by-firms.pdf 17. Local Workforce Participation a) Contractor must employ the following minimum percentage requirements for on -site labor from persons residing within Miami -Dade County (an individual whose primary place of residence is within Miami -Dade County), for the duration of the project: 1 Construction contracts with a construction cost of up to $250,000 shall have no local workforce participation requirement. 2. Construction contracts with a construction cost of $250,000 or more, but less than $500,000 shall have a minimum local workforce participation requirement of ten percent (10%). 3. 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 a construction cost of $750,000 or more, but less than $4,000,000 shall have a minimum local workforce participation requirement of twenty percent (20%). 5. Construction contracts with a construction cost of $4,000,000 or more shall have a minimum local workforce participation requirement of forty percent (40%). All local workforce participation percentage requirements listed above shall be applied on the construction project's on -site labor force. The County residency of the onsite labor component shall be subject to verification by. the OCI. Job Order Contracting (JOC) for 18 RFP No. 18-19-001 Horizontal and Vertical Construction Services b)Tho����ro����emc�m��m��������\���e���d ' minimum iooe\ workforce participation percentage requirements from within the City commission district where the project is located. n� Five percent (5Y�) of the Proposal amount shall be retained by the City for the \nno) ' u until said requirennantnanmfu|�Uodondvor�iedbyth�Qh/��anager requirementsn u . or authorized designee as being fulfilled within throe (3) months of contract completion. Failure to satisfactorily meet the requirements ahnU result in the forfeiture of the retained amount to the 0tv,this five percent (5Y�)rntm}naQeioincluded vV|thiDthe ten percent (1QY6)not8|naganornna||y withheld bythe City and `will comply with percentages specified inF.8.8218.73G. d\ The Contractor shall coordinate job fairs and hiring Initiatives with South Florida Workforce or ' a similar state chartered regional workforce development board acceptable to the City Manager. 1. For contracts with a value between $1,000.000 and $2.000'000. the Contractor shall be required to hold one job fair within the |Ona| o0nl[nUnity. 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 howhich o local workforce participation requirement goal ' h*n been applied shall require the Contractor to develop and submit to the Chv, within thirty /3U)days ofnoti�oaUonofmvvandnfthe construction contract, ovvorkfo[Ceplan /p|an>VuUining `o'thegoa|vvi||bamet.andcnntaiOingthefoUnvVing|nfornoot|onaDde|ementonaqu|redbythia section. The Contractor shall provide to the City, proof of adherence to the City'e Lnoo| 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 obrief description ofwnrk;' 3. Total dollar value ofthe 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 ofpersons broken down bvtrade and ; If the Contractor was unable to meet the local workforce participation requirements, explain the reason why, and what efforts, if any, were utilized by the Contractor to attempt to meet these requirements; 7. If the project was over one million dollars ($1,000,000) did the Contractor hold a job fair, if yes, provide the date and location ofthe job hair(s).number ofattendees; 8. Was a third party hired to verify and certify compliance with the |000| work force requiramanto, if yes, were all requirements nned, what was the third pmdy'a,nanne and provide their current contact infomnaUon| 0. Was thefive percent (5Y6)peto|nogefee released hothe Contractor bythe City upon project completion; and 10. |fthe Contractor did not meet the goal, did you seek awaiver ofthe program requirements from ony.Qtyoffin|e|. and provide odetailed explanation. The plan shall identify by name, address, and trade category of all persons proposed to perform work under the Contract currently on the contractor's poyroi|, or positions to be hired by the Contractor, who reside within Miami -Dade County. An updated plan shall be submitted to the C\ty'oproject manogeronmmonth|yboeia'and}nthoaventthatdurinUtheOontroctperioda now hire or m person identified in the plan as meeting the local'workforce participation Job Order Contracting (JOC)for 18 RFPNo. 184g'OV1 Horizontal and Varioa|Construction Services O. � | � | requirement goal is replaced, the City may require the Contractor to immediately 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 licensed under the provisions of Florida Statute Chapters 454, 471, 473, or 481. The•firm performing the verification shall have a minimum of two (2) years of prior professional experience in contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this verification and certification shall be included in the related Contract costs. These local workforce participation requirements shall apply to any competitively procured Contract under this section unless: 1. The City Manager or designee deems the requirements unfeasible prior to issuance of the RFP document; 2. It is disallowed by federal or state law or grant requirements; 3, Funding sources require alternate, contradictory or specifically exclude or disallow local workforce participation requirements; 4. These requirements are waived by the City Commission by resolution, prior to issuance of the RFP document, upon written recommendation of the City Manager or City Manager's designee. Proposers should refer to Section 18-89(f) of the City of Miami Procurement Code for further clarification. This language is only a summary of the key provisions of the Local workforce participation requirements. Please review City of Miami Ordinance No. 12271, § 2, 8-22-02; Ord. No. 12654, § 2, 2-10-05; Ord. No. 12780, § 2, 3-9-06; Ord. No, 13275, § 2, 7-14-11; Ord. No. 13331, § 2, 7-26-12; Ord. No. 13332, § 2, 7-26-12; Ord. No. 13493, § 2, 1-22-15 for a complete and thorough description of the Local workforce participation requirements. You may contact the City Clerk at (305) 250-5360, to obtain a copy of the same. 18. Responsible Wage and Benefits Pursuant to Section 18-120 of the City of Miami Procurement Code, entitled "Responsible Wage Construction Contracts," Prime Contractors and subcontractors shall be required to pay Miami - Dade County Responsible Wages and Benefits rates to all labors and mechanics for any construction contract with an award value in excess of $250,000. Miami -Dade County Responsible Wages and Benefits rate schedules can be found at: http://www.miamidade.cov/business/reports-wages.asp Proposers shall incorporate in their Adjustment Factors Responsible Wages and Benefits for building, 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 (50%) or more of the cost of the construction project, or when expressly prohibited by state or federal law or an applicable grant requirements. Federally assisted construction contracts must adhere to Davis -Bacon Act wages and benefits rate schedules. Submission of weekly Certified Payroll Reports will be required to demonstrate responsible wage and benefits compliance. 19. Cone of Silence Pursuant to Section 18-74 of the City's Procurement Code, a codification of Miami Ordinance No. 12271, a "Cone of Silence" is imposed upon this RFP after advertisement and terminates at the Job Order Contracting (JOC) for 20 RFP No, 18-19-001 Horizontal and Vertical Construction Services - time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence prohibits any verbal communications regarding this RFP. Any communication concerning this RFP must be submitted in writing to Procurement at ARolle(a�miamiciov.com. Proposers must also file a copy of such written communications with the Office of the City Clerk. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk at RCastillo(a�miamigov.com. This language is only an overview of the requirements of the Cone of Silence. Please review Section 18-74 of the City's Procurement Code for a complete and thorough description of the Cone of Silence. You may also contact the City Clerk at (305) 250-5360, to obtain a copy. 20. Public Entity Crime A person or affiliate who has been placed on the convicted Proposer list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a Response on a contract with a public entity for the construction or repair of a public building or public works project, may not submit a Response on a lease of real property to a public entity, may not be awarded or perform work as a contractor, supplier, Subcontractor, or Consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted Proposer list. 21. Fraud and Misrepresentation Any individual, corporation, or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement, or omission of any material fact, may be debarred for up to five (5) years in accordance with the applicable provisions of the City of Miami Procurement Ordinance codified in the City Code. The City as a further sanction may terminate or cancel any other contracts with such individual, corporation, or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation. 22. Collusion Where two (2) or more related parties, as defined herein, each submit a Response to an RFP such submissions shall be presumed to be collusive. The foregoing presumption may be rebutted by the presentation of evidence as to the extent of ownership, control, and management of such related parties in preparation and submission under such RFP. Related parties shall mean employees, officers, owners or the principals thereof which have a direct or indirect ownership interest in another firm or in which a parent company or the principals thereof of one Proposer have a direct or indirect ownership interest in another Proposer for the same project(s). RFP responses found to be collusive shall be rejected. Owners shall mean those persons who own 5% or more of an interest in related parties. 23. Contractor. in Arrears or Default The Proposer represents and warrants that the Proposer is not in arrears to the City and is not a defaulter as a surety or otherwise upon any obligation to the City. In addition, the Proposer warrants that the Proposer has not been declared "not responsible" or "disqualified" by or debarred from doing business with any federal, state, regional or local government entity in the State of Florida, the Federal Government or any other State/local governmental entity in the United States of America, nor is there any proceeding pending pertaining to the Proposer's responsibility or qualification to receive public agreements. The Proposer considers this warrant as stated in this Article to be a continual obligation and shall inform the City of any change during the term of the Contract. Job Order Contracting (JOC) for 21 RFP No, 18-19-001 Horizontal and Vertical Construction Services The City shall not consider, and shall deem as non -responsible Proposals submitted by Proposers where the City has determined that the Proposer is in monetary arrears, or otherwise in debt or in default to the City, at the time and date Proposals are due. 24. Cancellation of RFP The City reserves the right to cancel, in whole or in part, any RFP when it is in the best interest of the City. This determination will be at the discretion of the City and there will be no recourse from such cancellation. 25. Job Order Contracting Software and License Fee The City selected The Gordian Group's (Gordian) Job Order Contracting (JOC) Solution (Gordian JOC SolutionT"') for their JOC program. The Gordian JOC SolutionTM includes Gordian's proprietary software 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. Job Order Contracting (JOC) for 22 RFP No. 18-19-001 Horizontal and Vertical Construction Services SECTION 2 - GENERAL TERMS AND CONDITIONS 1. Definitions Adjustment Factor means the Contractor's competitively proposed price adjustment to the unit prices as published in the Construction Task Catalog®. The Adjustment Factors cover all overhead, profit, including all direct and indirect administrative costs, depreciation of equipment and materials, and the fixed capital cost of money. Architect means a designation reserved, usually by law, for a person or organization professionally qualified and licensed in the State of Florida to perform architectural services commissioned by the City for the design of Project. Award Criteria Figure means the amount determined in the Award Criteria Figure Calculation section of the Schedule of Prices, which is used for the purposes of determining the lowest proposed price. Basis of Design means a specific manufacturer's product that is named; including the make or model number or other designation, establishing the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of other manufacturers. RFP Documents means all documentation issued to Proposers as described in Article 5 of the Instructions for Submission, and any addenda thereto. Capital Improvement Project means any planned or unforeseen fixed capital outlay activity authorized by the City of Miami Commission. Change Order means a written document ordering a change in the Contract. A change order must comply with the Contract Documents. City means the City of Miami, Florida, a Florida municipal corporation. In all respects hereunder, City's performance is pursuant to the City's capacity as Owner. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Contract. For the purposes of this Contract, "City" without modification shall mean the City Manager or Director, as applicable. City Commission means the legislative body of the City of Miami. City Manager means the duly appointed chief administrative officer of the City of Miami. Small Business Enterprise ("SBE") means a construction related enterprise, including a design - build firm, and any firm providing trades and/or services for the completion of a construction project, as defined in Section 10-33.02 of the Code of Miami -Dade County. SBE is additionally referenced in Section 18-89 of the City Code and in these Contract Documents. Completed Project(s) means a project for which the applicable regulatory authority has issued a Temporary Certificate of Occupancy or Completion, or a Final Certificate of Occupancy or Completion. Construction Task Catalog® or CTC means Volume II of the RFP Documents containing a comprehensive listing of specific construction or construction related tasks together with a specific unit of measurement and a unit price. Construction Change Directive means a written directive to effect changes to the Work, issued by the Consultant or the Director that may affect the Job Order Amount or Job Order Completion Time. Job Order Contracting (JOC) for 23 RFP No. 18-19-001 Horizontal and Vertical Construction Services Construction Engineering Inspection (CEI) means an individual or an organization assigned by the Director of .00I responsible for assisting the City's Project and Construction Managers in contract administration, site inspections, material sampling, and project close-out. Construction Manager (CM) means the individual or organization assigned by the Director of OCl whose dutiesinclude reviewing, project documents during the design phase and managing the construction phase that include but not limited to directing and coordinating construction activities associated with the project. Construction Schedule means a critical path schedule or other construction schedule, as defined and required by the Contract Documents. Consultant means a firm that has entered into a separate agreement with the City for the provision of design/engineering services for a Project; and if applicable, means the Architect or Engineer of Record contracted by the City to prepare the plans and specifications for the Projects. Consultant may also be referred to as Architect or Engineer of Record. Contract means the Request for Proposal (RFP) 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 under or relating to the Contract and Project(s). Contractor/Selected Proposer means the person, firm, or corporation with whom the City has contracted and who will be responsible for the acceptable performance of any Work and for the payment of all legal debts pertaining to any Work issued under this Contract through the award of an RFP. . Cure means the action taken by the Contractor promptly after receipt of written notice from.the City of a breach of the Contract Documents which shall be performed at no cost to the City, to repair, replace, correct, or remedy all material, equipment, or other elements of the Work or the Contract Documents affected by such breach, or to otherwise make good and eliminate such breach, including, without limitation, repairing, replacing or correcting any portion of the Work or the Project(s) site(s) disturbed in performing such cure. Cure Period means the period of time in which the Contractor is required to remedy deficiencies in the Work or compliance with the Contract Documents after receipt of written Notice to Cure from the City identifying the deficiencies and the time to Cure. Days mean a calendar day, unless otherwise stated herein. Design Documents means the construction plans and specifications that may be included as part of a Detailed Scope of Work prepared by the Consultant for any Project(s) under a separate Agreement with the City. Detailed Scope of Work means the document and related drawings, Specifications, and writings referenced therein which together set forth the specific requirements and items of Work and effort to be accomplished by the Contractor in connection with a specific Job Order. Director means the Director of the Office of Capital .improvements or the Director's authorized designee(s), who has the authority and responsibility for managing the Project(s) under this Contract. Job Order Contracting (JOC) for 24 RFP No. 18-19-00'I Horizontal and Vertical Construction Services Drawings means the graphic and pictorial portions of the Work, which serve to show the design, location and dimensions of the Work to be performed, including, without limitation, all notes, schedules and legends on such Drawings. Engineer of Record (EOR) also referred to as Consultant, means a designation reserved, usually by law for a person or organization professionally qualified and licensed in the State of Florida, and commissioned by the City to conduct engineering services. Field Directive means a written approval for the Contractor to proceed with Work requested by the City or the Consultant, which is minor in nature and should not involve additional cost. Final Completion of the Job Order means the date subsequent to the date of Substantial Completion at which time the Construction Manager has completed all the Work in accordance with the Agreement as certified by the Architect or Engineer of Record or the City, and submitted all documentation required by the Contract Documents. Guaranteed Maximum Price /Guaranteed Maximum Price ("GMFk") means the sum established in the Job Order Amount /Job Order Book, which will serve as the maximum not to exceed cost for performance of the specified Job Order on the basis of all labor and material, inclusive of overhead and profit. The City will never be liable to pay any sum in excess of the GMP. The City may consider the Contractors reduction of its price below the GMP in evaluating the Contractor for subsequent work. Incidental Scope Documentation Services means the Contractor provided services assisting in the development and documentation of the Detailed Scope of Work, which includes sketches, minor calculations, shop drawings, maintenance of traffic drawings, and material specifications. Incidental Scope Documentation Services specifically exclude signed and stamped drawings. Inspector means an authorized representative of the City assigned to conduct necessary inspections of materials furnished by Contractor, and of the Work performed by Contractor. Job Order means the process through which the City requests a Job Order price proposal and awards a Project to the Contractor. The Job Order, at a minimum, includes the detailed Scope of Work for the Project, any plans and specifications, the schedule, any special contractual provisions, the Job Order Price Proposal, the Job Order Book, and the purchase order. Job Order Amount means the amount a Contractor will be paid for completing a Job Order, as indicated on each specific Purchase Order. Job Order Book means the book prepared by the City that contains the approved Contractor Price Proposal, Job Order Amount, Detailed Scope of Work, Job Order Completion Time, approved Construction Schedule and Job Order Completion Time, amount of Liquidated Damages (if any) and any other documents necessary for the City to approve the Job Order and issue a Purchase Order to the Contractor for a Project. Job Order Completion Time means the period of time allotted for the Contractor to achieve Final Completion of a Job Order. Job Order Contract means a competitively proposed, indefinite quantity Contract for accomplishing construction and construction related services. Work is accomplished through the issuance of individual Job Orders against the Contract. Each Job Order issued under the JOC will be a firm fixed priced order for accomplishing specific Construction Tasks enumerated in a Detailed Scope of Work. Joint Scope Meeting means the joint activity that takes place with the City's Project Manager and the Contractor to review the Detailed Scope of Work related to a specific Job Order before it is finalized and issued to the Contractor. Job Order Contracting (JOC) for 25 RFP No. 18-19-001 Horizontal and Vertical Construction Services Local Workforce Participation Requirements shall mean the requirements set forth in § 18-89 of the City Code that (unless determined inapplicable or exempted by the City Manager pursuant to this Code. Section) the Respondent Contractor will employ on -site labor from persons who reside within the Miami -Dade County boundaries (e.g., County limits). Lump Sum or Stipulated Sum means fixed price where the Contractor assumes the responsibility for executing the complete Job Order work for the stated total sum of money (Job Order Amount). This fixed price cannot be exceeded except due to extraordinary and unforeseen circumstances requiring an amendment to the Job Order Amount. Generally, the City will have no liability to pay any sum, fee, or cost in excess of the Lump Sum. Materials mean goods or equipment incorporated in a Project(s), or used or consumed in the performance of the Work. Notice of Award means the written letter to the Contractor notifying the Contractor that they have been awarded the Contract. Non-Prepriced Tasks mean Work tasks required to complete a Detailed Scope of Work that are not included in the.Construction Task Catalog® but are within the general scope and intent of the Contract Documents. Non-Prepriced Work tasks shall be separately identified and submitted in the Price Proposal. Normal Construction Working Hours means the hours where construction operations are normally allowed within the City of Miami as stipulated by the most recent City Code in effect. Presently, 8:00 a.m. - 6:00 p.m., Monday through Friday and non -City recognized holidays. Notice To Proceed means a written letter or directive issued by the Director or designee acknowledging that all conditions precedent have been met and directing that the Contractor may begin Work on the Project(s). Other Than Normal Construction Working Hours means the hours where construction operations are not normally allowed within the City of Miami as stipulated by the most recent City Code in effect. Presently, 6:00 PM - 8:00 AM, Monday through Friday, and anytime Saturday, Sunday and City -recognized holidays. Physical Construction Labor means the excavation, movement of earth, erection of forms or structures, or similar activity for the Project or Work. Plans and/or Drawings means the official graphic representations of a Project(s). Pre -Priced Task means a task included with in the Construction Task Catalog® for which a Unit Price has been established. Price Proposal means the Contractor prepared document quoting fixed price and schedule for the completion of the Detailed Scope of Work as requested by the City, referenced in the Request for Price Proposal that must be completed in Progen ®. Proposal means the response submitted by a Proposer to this solicitation, which includes the price, authorized signature and all other information or documentation required at by the Contract Documents at the time of submittal. Proposal Package means a set of documents including at least: (1) a Price Proposal; (2) a proposed Construction Schedule; (3) a list of proposed Subcontractors indicating; (4) -sketches, drawings, or layouts; and any other products of the Incidental Scope Development Services and (5) required Submittals, including but not limited to, technical data or information on proposed materials or equipment. Proposer means any individual, firm, incorporated, or unincorporated business entity, or corporation tendering a Submittal, acting directly or through a duly authorized representative. A Proposer once selected and awarded work under this RFP would become a Contractor. Job Order Contracting (JOC) for 26 RFP No. 18-19-001 Horizontal and Vertical Construction Services Project or Work as used herein refers to all reasonably necessary and inferable construction and services required by the Contract Documents whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the (its) obligations, including completion of the construction in accordance with the Drawings and Specifications. The Work may constitute the whole or a part of the Project(s). Project Manager means the City employee assigned by the Director of OCI to manage project(s) that may include, but is not limited to, coordination of design, procurement, and construction activities; assigning management tasks to EOR, CM, or CEI (hereby known as designee), establish lines of communication and responsibilities to ensure that the project is completed in a timely manner. Request for Information (RFI) means a request from the Proposer seeking an interpretation or clarification relative to the Contract Documents. The RFI, which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s) requiring clarification or interpretation and why the response is needed. The RFI must set forth the Proposer's interpretation or understanding of the document(s) in question, along with the reason for such understanding. Risk Administrator means the City's Risk Management Director who is also known as the Risk Administrator, or designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. Request for Price Proposal (RFPP) means the document issued by the City, which formally requests the Contractor to prepare a Price Proposal for a Detailed Scope of Work. Site means the area upon or in which the Contractor's operations are carried on, and such other areas adjacent thereto as may be designated as such by City's Project Manager. Specifications mean all of the directions, requirements and standards of performance applying to the Work as detailed and designated in the Volume III of the RFP documents and any modifications or supplement thereto. The Specifications are numbered and organized in the Construction Specification Institute's (CSI) master format and are filed per CSI guidelines. Subcontractor means a person, firm or corporation, other than employees of the Contractor, having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. Submittal means documents prepared and submitted by the Proposer to pre -qualify under this solicitation. Substantial Completion means that point at which the Work is at a level of completion in substantial compliance with the Agreement such that the City can use, occupy, and/or operate the facility in all respects to its intended purpose. Substantial Compliance shall not be deemed to have occurred until any and all governmental entities, which regulate or have jurisdiction over the Work, have inspected, and approved the Work. Beneficial use or occupancy shall not be the sole determining factor in determining whether Substantial Completion has been achieved, unless a temporary certificate of occupancy has been issued. Superintendent means the representative of the Contractor at the construction site, who. is authorized to receive instructions from the City, and who is authorized to direct the performance of Work on the behalf of the Contractor. Supplemental Job Order means a Job Order issued to add, delete, or modify the Detailed Scope of Work, Job Order Amount, or Job Order Completion Time related to an existing Job Order. Technical Specifications means the written requirements for materials, equipment, systems, standards, and workmanship for the Work, and performance of related services. • Job Order Contracting (JOC) for 27 RFP No. 18-19-001 Horizontal and Vertical Construction Services Unit Price means the price published in the Construction Task Catalog® for a specific construction or construction related task. The Unit Prices are fixed for the duration of the Contract. Each unit price is comprised of the labor, equipment, and materials costs to accomplish that specific task. Work means the complete construction required by the Contract Documents, including all labor necessary to produce such construction and all materials, supplies, and equipment incorporated or to be incorporated in such construction. 2. Time is of the Essence Contractor will promptly perform its duties under the Contract and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with the Contract Documents. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in the Contract Documents. All dates and periods of time set forth in the Contract Documents, including those for the commencement, prosecution, interim milestones, milestones, and completion of the Work, and for the delivery and installation of materials and equipment, were included because of their importance to the City. Contractor acknowledges and recognizes that the City is entitled to full and beneficial occupancy and use of the completed Work following expiration of the Job Order Completion Time. In agreeing to bear the risk of delays for completion of the Work except for extensions approved in accordance with Article 71, Excusable Delays, the Contractor understands that, except and only to the extent provided otherwise in the Contract Documents, the occurrence of events of delay within the Contractor's control, the Workshallnot excuse the Contractor from its obligation to achieve full completion of the Work within the Job Order Completion Time, and shall not entitle the Contractor to an adjustment. All parties under the control or contract with the Contractor shall include but are not limited to material persons, Subcontractors, suppliers, and laborers. The Contractor acknowledges that the City is purchasing the right to have the Contractor continuously working at the Project(s) site(s) for the full duration of the Project(s) to ensure the timely completion of the Work. 3. Contract Term The term of this Contract shall be for 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 Director, and subject to the availability and appropriation of funds. The total term, with both extensions, would be for five (5) years. The Contract shall terminate upon notice by the City that the Contract has been 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 or within three (3) days of mailing, if mailed through the United States Postal Service. Notice shall be deemed given on the date sent via e-mail or facsimile. Notice shall be deemed given via courier/delivery service upon the initial delivery date by the courier/delivery service. For the present, the parties designate the following as the respective places for giving of notice: Job Order Contracting (JOC) for 28 RFP No. 18-19-001 Horizontal and Vertical Construction Services For City of Miami: Emilio T. Gonzalez, Ph.D. City Manager Office of the City Manager City of Miami 444 SW 2nd Avenue, 10th Floor Miami, Florida 33130-1910 Email: ETGonzalez(@,miamigov.com Phone: 305-416-1025 Annie Perez, CPPO Director Department of Procurement City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130-1910 ' Email: AnniePerezmiamigov.com Phone: 305-416-1910 Victoria Mendez City Attorney Office of the City Attorney City of Miami 444 SW 2nd Avenue, 9th Floor Miami, Florida 33130-1910 Email: VictoriaMendez(a�miamigov.com Phone: 305-416-1832 With Copies to: Steven C. Williamson Director Office of Capital Improvements City of Miami 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130-1910 Email: SWilliamsonRmiamigov.com Phone: 305-416-1225 For Contractor: Leyla De La Espriella Vice President Harbour Construction, Inc. 7340 SW 48 Street Suite 102 MIAMI, FL 33155 LdeLae(cr�HarbourConstruction.com (305) 603-9944 During the Work, the Contractor shall maintain continuing communications with Consultant (if any) and the Project Manager. The Contractor shall keep the City fully informed as to the progress of the Project(s) at all times through ongoing communications with the Project Manager. Job Order Contracting (JOC) for 29 RFP No; 18-19-001 Horizontal and Vertical Construction Services 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 responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend, at its own expense, to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This Indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes as applicable. 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. Contractor shall require all Subcontractor agreements to include a provision that they will indemnify, hold harmless, and defend the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Subcontractor, under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, hold harmless and duty to defend the receipt and sufficiency of which is acknowledged by the Contractor. 7. Insurance Without limiting any of the other obligations or liabilities of Contractor, Contractor shall provide, pay for, and maintain in force until all of its Work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverage's set forth herein. 7.1 Workers' Compensation insurance to apply for all employees in compliance with the Statutory "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: ■ Waiver of Subrogation ■ Statutory State of Florida ■ Limits of Liability 702 Employers' Liability with a limit of One Million Dollars ($1,000,000) Dollars each bodily injury caused by an accident, each accident. One Million Dollars ($1,000,000) Dollars each bodily injury caused by disease, each employee. One Million Dollars ($1,000,000) Dollars each bodily injury caused by disease, policy limit. 7_3 Commercial General Liability (Primary and Non -Contributory) (CG 2010 11/85) (CGL) with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit for Bodily Injury Liability and Property. Damage Liability, with a general aggregate limit of Two Million Dollars ($2,000,000). 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 (JOC) for 31 RFP No. 18-19-001 Horizontal and Vertical Construction Services without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Products and/or Completed Operations for contracts with an Aggregate Limit of One Million Dollars ($1,000,000) per project. Contractor shall maintain in force until at least three years after completion of all Work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. Personal and Advertising Injury with an aggregate limit of One Million Dollars ($1,000,000). • CGL Required Endorsements » Employees included as insured » Contingent Liability/Independent Contractors Coverage » Contractual Liability » Wavier of Subrogation » Premises and/or Operations. Liability » Explosion, Collapse and Underground Hazard » Loading and Unloading » Mobile Equipment (Contractor's Equipment) whether owned, leased, borrowed or rented by Contractor or employees of the Contractor City is to be expressly included as an Additional Insured pursuant to endorsement number CG 2010 11/85 or its equivalence. 7.4 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Auto/All Owned Autos/Scheduled; ▪ Hired, Borrowed, and Non -Owned Vehicles; • Employers' Non -Ownership; • Employees included as insured; • City of Miami as Additional Insured. 7_5 Umbrella Policy (Excess Following Form/True Excess Following Form/True Umbrella) Bodily injury and property damage liability with limits of Three Million Dollars ($3,000,000) each occurrence and an aggregate limit of Three Million Dollars ($3,000,000). Excess follow form over all applicable liability policies contained herein. City of Miami is listed as an additional insured. 7.6 Builder's Risk (if applicable) Causes of loss: All Risk -Specific Coverage Project Location. Job Order Contracting (JOC) for 32 RFP No. 18-19-001 Horizontal and Vertical 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 to be performed for a Project includes abatement, encapsulation, or other activities involving hazardous materials, certificates of insurance evidencing appropriate coverages (i.e., Pollution Liability Insurance) with coverage amounts, endorsements, additional named insureds, etc., deemed satisfactory (in the sole judgment of the City). The appropriately qualified and licensed Subcontractor may provide the insurance coverage. Applicability shall be determined (solely by the City) on a Project -by -Project basis and communicated to the Contractor in the RFPP. The Contractor shall provide insurance certificates evidencing required coverage's in a timely manner. The City may require the Contractor to provide Installation Floater, Flood Insurance, Pollution Liability Insurance, Owners and Contractors Protective (OCP) Liability Coverage and/or any other additional insurance required by the City, as determined by the City on a Job Order by Job Order Basis. The cost of all activities required to obtain the insurance(s) will be at the Contractor's expense. However, all such costs incurred by the Contractor to acquire and provide the additional insurance(s) will be treated as a contract cost reimbursable. The Contractor shall be allowed to include the applicable line items from the Construction Task Catalog® in their Price Proposal, supported by documented receipts, to receive a dollar -for -dollar reimbursement (no markup). The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not Tess than (30) days prior to any such cancellation or material change. If the initial insurance expires prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. Notice of Cancellation and/or Restriction --The policy(ies) must be endorsed to provide City with at least thirty (30) days' notice of cancellation, and/or restriction. Contractor shall furnish to the Office of Capital Improvements the Certificates of Insurance or endorsements evidencing the insurance coverage for Worker's Compensation, Employers' Liability, Commercial General Liability, Business Automobile Liability, and the Umbrella Policy above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The official title of the Owner is the City of Miami, Florida. This official title shall be used in all insurance documentation. The City of Miami shall be listed as an additional insured where applicable. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above to the Contractor.. The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Administrator prior to insurance approval. The Risk Administrator or authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles or other insurance obligations by providing a thirty (30) day written notice to the Contractor in accordance with Section 2, General Conditions, Article 4, Notices. Contractor shall comply with such requests unless the insurance coverage is not then readily available in the national market. An additive or deductive change order will be issued to adjust the contract value as necessary. For insurance bonding issues and decisions, the City shall act through its Risk Administrator (unless otherwise stated). 8. Performance and Payment Bond Job Order Contracting (JOC) for 34 RFP No. 18-19-001 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 a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current. Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 10. General Requirements The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of its departments. The Contractor agrees that the Contractor will at all times employ, maintain, and assign to the performance of a Project a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the Work to be performed. The Contractor agrees to adjust staffing levels or to replace any staff if so requested by the Project Manager, should the Project Manager make a determination that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. The Contractor represents that its staff have the proper skills, training, background, knowledge, experience, rights, authorizations, integrity, character, and licenses as necessary to perform the Work, in a competent and professional manner. The Contractor shall provide temporary facilities and controls necessary to perform the Work and to ensure safe and proper access and use of the site by the Project Manager and the Consultant. The Contractor shall at all times cooperate with the City and the Consultant, and coordinate its respective Work efforts to most effectively and efficiently progress the performance of the Work. The City, the Consultant and other agencies authorized by the City, shall have full access to the Project(s) site(s) at all times. The Contractor shall be responsible for the good condition of the Work or materials until formal release from his obligations under the terms of the Contract Documents. Contractor shall bear all losses resulting to it on account of the amount or character of the Work, or the character of the ground, being different from what he anticipated. The Contractor shall at all times conduct the Work in such manner and in such sequence as will ensure the least practicable local interference. Contractor shall not open up Work to the prejudice of Work already started, and the Project Manager may require the Contractor to finish a section on which Work is in progress before Work is started on any additional section. Contractor is to take necessary precautions and use caution when working in or around overhead transmission lines and underground utilities. The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as meaning that only best practices are to prevail and only materials and workmanship of the best quality are to be used in the performance of the Work. 11. Method of Performing the Work If the Project Manager reasonably determines the rate of progress of the Work is not such as to ensure its completion within the designated completion time, or if, in the opinion of the Project Manager, the Contractor is not proceeding with the Work diligently or expeditiously or is not Job Order Contracting (JOC) for 36 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 to Check Plans, Specifications, and Data Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Project Manager or Consultant as part of a Contract Documents, and shall notify the Project Manager and the Consultant of all errors, omissions, and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by the Project Manager or by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission, or discrepancy and knowingly failed to report it to Project Manager. 15. Contractor's Responsibility for Damages and Accidents Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the City, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Lawn Areas - All lawn areas disturbed by construction shall be replaced with like kind to a condition similar or equal to that existing before construction. Where sod is to be removed, it shall be carefully removed, and the same re -sodded, or the area where sod has been removed shall be restored with new sod in the manner described in the applicable section. Fences - Any fence, or part thereof, that is damaged or removed during the course of the work shall be replaced or repaired by the Contractor, and shall be left in as good of a condition as before the starting of the work. Where fencing, walls, shrubbery, grass strips, or area must be removed or destroyed incident to the construction operation, the Contractor shall, after completion of the work, replace or restore to the original condition all such destroyed or damaged landscaping and improvements. 16. Accidents The Contractor shall provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to person who may be injured during the Project(s) duration. The Contractor shall also comply with the OSHA requirements as defined in the United States Labor Code Regulations, including 29 Code of Federal Regulations (CFR) 1926.50. In addition, the Contractor must report immediately to the Project Manager every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. 17. Safety Precautions Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: is All employees on the Project(s) site(s) and other persons who may be affected thereby; Job Order Contracting (JOC) for 38 RFP No. 18-19-001 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 (MSDS), which may be obtained from the manufacturer. The MSDS must include the following information: • The chemical name and the common name of the substance; • The hazards or other risks in the use of the substance, including: » The potential for fire, explosion, corrosion, and reaction; Job Order Contracting (JOG) for 39 Horizontal and Vertical Construction Services RFP No. 18-19-001 »The known acute and chronic health effects of risks from exposare.including the medical conditions which are generally recognized asbeing aggravated byexposure to the substance; x The primary routes ofentry and symptoms ofoverexposure, • 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 incase ofoverexposure; " The emergency procedure for spills, fire, disposal, and first aid; ° Adeaoriptionln|ay1ermoVfthuknovvnmpeo|fiopobanUa|heo|thr|nkopusedbythe 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 nu.mbor of the manufacturer responsible for preparing the information. 19. Labor and Materials Unless otherwise provided in the Detailed Scope of Work, Contractor shall provide and pay for all materials, /obor. water, too(o, aqu|prDent, supplies, fUrniehing, 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 . � inthe Work. Contractor shall atall times enforce strict discipline and good order among its employees and Subcontractors atthe P 'ect(n)aite(n)andohaUnotennp\nyonUheP 'ect(n)enyunfitpersonor anyone not skilled \nthe Work towhich they are assigned. 20. RW|es,ReclO|ations. Laws, and Licenses The Contractor shall comply with all laws, rules, regulations, permits, licenses, standards, manuals, opeo|fiooUuno' public agency consents and approvals ns|ot|ve to the provision of aen/ioen . equ|pnnent, nupp||aa and/or materials specified in the Contract Documents, including without limitation those imposed by the federal, state, county or city agencies having jurisdiction over the matter. The Contractor, its agents, Subcontractors, and representatives shall be familiar with and comply with all fodera|, state, and local |awm, ru|es, regu|oUona, and approvals that may affect the Work, goods and/or services offered. 21. Consultant Services The City, at its sole discretion may hire a Consultant who shall serve as the City's Representative for the Project(s) to be performed under the Contract Onnunnnnho. The [}ordrod Documents will state that aQty'orapneaentabvahooboancontruotodvvithfnrthsnnonagementofthoVVorkunder the Contract Duounoonto and who will be the lead point of contact, the Consultant or the Project Manager. Where a Consultant has been identified, the Consultant and the Project Manager will have authority to act on behalf of the City to the extent provided in the Contract Documents and as outlined inArticle 22.Authority ofthe Project PWonoger.oftheGenena|TmnnsandConditione. Onthe basis ofthe on -site observations, the Consultant will keep the Project Managerinformodof the progress of the Work. In the capacity of interpreter, the Consultant will exercise the best efforts toensure faithful performance byboth the Project ManagerendtheCnntnantnrandvvi||notahovv partiality to either. The Project yWenegervv|||oomisttheConau|tantinconduct|nginspootinnntodebsrm|nothedateor dates of Substantial Completion and Final Acceptance and will receive and review written vvonmntioa 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 (&OC)for 40 RFPNo. 184S'OO1 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 Schedules, Subcontractors, and invoices. The City may contract for additional consultant services, including but not limited to construction examination and observation services. Such services are intended to be additional services and are not intended to and shall not be construed to supplant or alter the role and responsibilities of the Consultant. In case of the termination of employment of the Consultant, the City may, at its sole discretion, appoint another Consultant, whose status under the Contract shall be as that of the terminated Consultant. 22. Project Management Where a Contractor is awarded Work, the Contractor shall be responsible for all Project management, including any and all subcontracts necessary to ensure that the Work is performed in accordance with the Contract Documents. Project Management shall include, but is not limited to: obtaining bids from Subcontractors and suppliers; coordinating the securing of all permits; obtaining licenses and inspections; ensuring that Subcontractors comply with all City requirements; performing the Work in accordance with the Contract Documents to the satisfaction of the Project Manager; paying all Subcontractors; obtaining release of liens/claims fees; and obtaining temporary and final Certificates of Occupancy or Completion. 23. Superintendence and Supervision The orders of the City are given through Consultant or City of Miami Project Manager, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project(s) during its progress, a full-time competent English speaking Superintendent and any necessary assistants, all satisfactory to the City of Miami Project Manager. The Superintendent shall not be replaced except with the written consent of the City of Miami Project Manager, unless the Superintendent proves to be unsatisfactory to Contractor and ceases to be in Contractor's employment. The Superintendent shall represent Contractor and all directions given to the Superintendent shall be as binding as if given to Contractor and will be confirmed in writing by City of Miami Project Manager upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using Contractor's best skills and attention. The City of Miami Project Manager and the Consultant shall be provided telephone number(s) for the Superintendent where the Superintendent can be contacted during normal working hours as well as after hours for emergencies. On Project(s) in excess of thirty (30) calendar days, the Contractor's Superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of Work for the day; the Work being performed; materials, labor, personnel, equipment and Subcontractors at the Project(s) site(s); visitors to the Project site, including representatives of the City, Consultant, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of Work for the day. All information shall be recorded in the daily log in indelible ink. The daily log shall be kept on the Project(s) site(s) and shall be available at all times for inspection and copying by the City of Miami Project Manager and Consultant. The City of Miami Project Manager, Contractor, and Consultant shall meet at least every two (2) weeks or as otherwise determined by the City of Miami Project Manager, during the course of the Work to review and agree upon the Work performed and outstanding issues. The Contractor shall publish, keep, and distribute minutes and any comments thereto of each such meeting. If Contractor, in the course of performing the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies Job Order Contracting (JOC) for 41 RFP No. 18-19-001 Horizontal and Vertical Construction Services in the Plans, dshall be the Contractor's duty to immediately inform the City of Miami Project Manager and Consultant, |nwriting, 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 effiu(entk/, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in a000njonn8 with the Contract Documents. Contractor shall be nn|e|y responsible for the nnuena. methods, tenhn|quea/sequences, and procedures ofconstruction. All Work, including trade Work shall be performed and supervised by persons properly licensed for the Work being performed. 24. Authoritv ofthe ProiectManner (CitvmfMiami) The Director hereby authorizes the Project K8anogerorthoConou\tantdom\gnatadinthoContnaot Documents to deternn|na, all questions of any nature whatsoever arising out of, under or in connection vv|th, or in any way relating to or on account ofthe Work, and questions aotothe 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 Coneu|bant, including the vvithdnavvo| or modification of any previous urdar, and noganj|aaa of whether the Contractor agrees with the Project Manager's or Consultant's determination or requests. Where naquamtn are mode orally, -` the Project Manager or Consultant will follow up in vvr|Ung, as soon � thereafter ooinpracticable. � The Project Manager or Consultant shall have authority to act on behalf ofthe 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, ProjectManoger.or the Consultant. The Project Manager and Consultant shall have access tothe Project(s) Site(s) at all times. The Contractor shall provide safe facilities for such access so the P'aotK8onogerandConoultantmay perform their functions under the Contract, The Project K8anaga,andConmultantw1||nnaKepehod|c 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 memno, methodu, techniques, sequences or pr000dureo, or for safety precautions and programs in connection with the Work, and will hot 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 tn rejectWork that does not conform tothe Contract Documents. Whenever, in his orher opinion, it is considered necessary oradvisable to ensure the proper completion of the Contract Documents the Project Manager and Consultant will have authority to require special inspections or testing ofthe Work, whether or not such Work is fabricated, installed, orcompleted. Neither the Project KAonogmr'anorConsu|tant'eou\hurihytoaot 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 ofthe Work. All interpretations and recommendations ofthe Project MenngerandConou|tantsha/|baconniotent with the intent ofthe Contract Documents. The Project Manager and Consultant will not be responsible for the o�a or omissions of tile Contractor,� any Subcontractor, or any of 'their agents or amp|nyoao, or any other persons performing any ofthe Work. Job Order Contnaob42 RFPNnn�(J��)for . 18'19'OO1 Horizontal and Vertical Construction Services ` / 25. Inspection of Work Consultant, Inspectors and the City shall at all times have access to the Work during normal work hours, and Contractor shall provide proper facilities for such access and for inspecting, measuring, and testing. Should the Contract Documents, Consultant, Inspector or Project Manager's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give the Project Manager timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than City, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of Project Manager, it must, if required by the Project Manager, be uncovered for examination and properly restored at Contractor's expense. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with the City's testing laboratory or entity. The Contractor shall give the City and the Consultant timely notice of when and where tests and inspections are to be conducted so that the City or Consultant may be present for such procedures. Re-examination of any of the Work may be ordered by the Project Manager or Consultant, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of re-examination and replacement by means of a Supplemental Job Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the City or separate contractors caused by the Contractor's correction or removal of Work, which is not in accordance with the requirements of the Contract Documents. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of the Contract Documents, or to delay the Work by failure to inspect the materials and Work with reasonable promptness, without the written permission or instruction of the Project Manager or Consultant. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by the Contractor to any Inspector, directly or indirectly, is strictly prohibited, and any such act on the part of the Contractor will constitute a breach of this Contract. 26. Taxes Contractor shall pay all applicable sales, consumer, use and any other taxes, levies, impositions, or assessments required by law, rule, or regulation or imposed by any governmental authority with authority to assess them. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 27. Separate Contracts Prior to the commencement of the Work, the Project Manager or the Consultant will notify the Contractor of all ongoing projects or projects scheduled to commence during the Work that may require coordination. The Contractor shall be responsible for coordinating the Work with any other project to minimize any potential adverse impact. Contractor shall not be entitled to any days of delay for failure to properly coordinate the Work. The Consultant and the Project Manager will assist the Contractor in coordinating the Work; however, the sole responsibility for coordination rests with the Contractor. Job Order Contracting (JOC) for 43 RFP No. 18-19-001 Horizontal and Vertical Construction Services |fonypedofCnntnaotp/mVVnrbdeoendsforpnoparexeoutionorreeuko.upnnthevvorkofanynthna persons, Contractor shall inspect and promptly report tothe Project Managerenydefeotninnuch work that render it unsuitable for such proper execution and results. Contractor's failure tu so insp ect 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 naoaonoNe steps -to coordinate the prosecution of the Work so as to onaata no interference or impact on any other contractor onthe site. Should such interference orimpact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact, To ensure the proper execution of subsequent VVork. Contractor ohoU inspect the Work already in place and shall etonce report tothe Project YWanogeranydianraponnybsbweentheexecutmdVVork 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' r|ghto'of+way, and easements for access thereto and such other lands as any designated byCity for the use ofContractor. Contractor shall provide, at the Contractor's own expmnnm, 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 {}|h/) to address such needs. Contractor ohoU furnish to City copies of written permission obtained byContractor from the owners nfsuch facilities. 29. Coordination of Work The Pr 'eot/o\3|te/o>nloybeocoUp\adondmaynpereteonatw/eD hour seven (7)day a week schedule. Contractor oheU ensure that the performance of the Work does not impact any ongoing operations at Project(s) Gito(a), which also includes the delivery of any moteho|a and equipment. Access toand egress fromtheP 'oot(o)Gite(n)nhe||be000nd|notedvviththoProject 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 nounoa of the Work Contractor encounters subsurface or concealed conditions at the Project(s) Site(s) which differ materially from those shown in the Contract Donunnonbamndfromth0000rd|nari|yanoounteredondgenara\|yracogn\zodoa|nherontinvvUrkof the character called for inthe Contract Documents; orunknown physical conditions ofthe Project(s) Site(s), of an unusual nature, which differ materially from that ordinarily encountered and generally �ainh�n*ntinvvnrknftheoha�aotercaUadforintheCo�tngotOoounnentn. Contractor, recognized' without disturbing the conditions and before performing any Work affected by such conditions, shall, within twenty-four (24) hours oftheir discovery, notify the Project yNanogorinvvdtingufthoex|stenoe ofthe aforesaid conditions. Project Manager and the Consultant shall, within two (2) business days after receipt ofContractor's written notice, investigate the Site conditions identified by Contractor. If, inthe sole opinion ofthe Project yWonmgerortheConeu|tmnt.thaoond{tionodonnaboriaUyoodiffer 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, ProjectMonegeraha|| 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 ohmU be referred to the Director for 44 RFPNn 1819001 JohDrderOontro�|ng(JOO)har � ' ' determination. Should the Director determine that the conditions of.the Project(s) Site(s) are not so materially different to justify a change in the terms of the Contract Documents, the Director shall so notify the Project Manager, Consultant, and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract Documents under this provision shall be allowed unless Contractor has given written notice and otherwise fully documented altering site conditions in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Job Order Amount or Job Order Completion Time for differing site conditions shall be allowed if made after the date certified by Consultant or Project Manager as the date of,substantial completion. 31. Existing Utilities Known utilities and structures adjacent to or encountered in the Work will be shown on the Drawings provided for a Project. The locations shown are taken from existing records and the best information available from existing plans and utility investigations; however, it is expected that there may be some discrepancies, variations, and omissions in the locations and quantities of utilities and structures shown. Those shown are . for the convenience of the Contractor only, and no responsibility is assumed by either the City for their accuracy or completeness. No request for additional compensation or Job Order Completion Time resulting from encountering utilities not shown or not known will be considered. The Contractor shall explore sufficiently ahead of the Work to allow time for any necessary adjustments The Contractor must coordinate all underground utility locations through "Sunshine State One Call of Florida, Inc.," who shall be contacted a minimum of forty-eight (48) hours before the Contractor commences any digging. The Contractor is responsible for removing all utility markings once the work is completed. Final payment to the Contractor may be withheld until the utility marks are removed. 32. Contractor's Responsibility for Utility Properties and Service Where the Contractor's operations could cause damage or inconvenience to railway, telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make all arrangements necessary for the protection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the construction operation at least forty-eight (48) hours in advance. Under no circumstance, expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The Contractor and its Subcontractors shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage, which may result from the construction operations under the Contract Documents. Neither the City nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the Work. In the event of interruption to domestic water, sewer, storm drain, or other utility services because of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly as possible and bear all costs of repair. In no event shall interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with trenching are encountered, the Contractor may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the service with similar and equal materials at the Contractor's expense and as approved by the Project Manager. Job Order Contracting (JOC) for 45 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 shalt 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 Citv 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.) i Date of submittal Job Order Contracting (JOC) for 49 RFP No. 18-19-001 Horizontal and Vertical Construction Services Contractor shall sign, inthepnoperblock.machaheatofShopDrovvngonddotmondeeohsanlole label to certify nomcd|unms with the requirements of the Contract Documents. Shop Drawing submitted without the stamp and signature nhn|| 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 ofany delays that may occur aoaresult ofsuch rejection. Cib/shoUnot beUab|afor any [nateria|o.fabrication ofproducts orVVo[knonn[nonomdthat requires submittals until the Project Manager has returned approved submittals tnthe Contractor. Project Manager shall make every effo�to navievvaubm|�a|uvvith|n fourteen (14) calendar days �o' 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 K8onagermhe||raturnthoGhnpDravvingstothaControotorforthe|ruooanddimthbuUon. 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 K4anageroftheopeoifiodeviaUonsandthnConsu|tanthnoioauedvvrittmnappnovm|of such deviations. By approving and submitting Shop Ormvvinga' Product Data and Gomp|aa. 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 aannp|eu, which bear the Project Manager or Consultant's stamp of approval. Distribution shall include, but not belimited to; job site file, record documents file, Subcontractor, suppliers, and other affected parties orentities 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 P 'ect Manager or Consultant's acceptance thereof. The Contractor warrants the adequacy for the 'purpose intended ofany Shop Drawings orportion ofaShop Drawing that alters, modifies, or adds tothe requirements ofthe 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. .9hmp Drawins Contractor shall oubmitSho| Drawings as required ibythe Contract Documents. The purpose of the Shop Onavv|nga is to show, in debs||, the auitmbi||ty, effioiency, technique of manufontuna, installation requirements, details ofthe item, and evidence nfits compliance ornoncompliance with this Contract Documents. Within five (5) calendar days after City'o ovvond of Project, Contractor eho|| submit to the Project Manager a complete list and submittal log of itanno for which Shop Drawings are to be submitted and shall identify the nr|bno| items and all aVbnni�o| dates. Approval of this list by the Project Manager m a h || in no way relieve |/ ve the Contractor from submitting complete Shop Drawings and providing rnatnr\m\a, equipment, ahc., fully in e000rdonou 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 50 RFPNo. 1848-0O1 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 to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings, or additional information as the Work proceeds, all of which shall be considered as part of the Contract Documents. In case of disagreement between the written and graphic portions of the Contract Documents, the written portion shall govern. 47. Contractor Furnished Drawings The Contract Documents may require the Contractor to furnish design, shop, and/or as -built drawings depending on the nature and scope of the Work to be performed. The .following applies to the different types of drawings. 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 Consultant's 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 performed by the Contractor shall be at the Contractor's expense, and shall be included in the Price Proposal and in accordance with the rules specifically found in the CTC. The City may, in its sole and absolute discretion, test materials, and products at its own cost. However, should such materials or products fail to pass the test and/or meet the requirements of the Contract Documents, the Contractor shall reimburse the City for the cost of such tests and repair or replace said materials or products. In such instances, the City may deduct such cost from any payments pending to the Contractor. 52. Field Directives 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 deanno to be Extra Work. The Contractor shall nevertheless comply and nhoU promptly and in no event after, �begin the pedbrnanoathereof orincur cost ot�ibutab|ethereto and g�ev��annoUoo tothe P 'eotyW@nagerntatingvvhvtheCordnsoto[deemmeVnhVYork(hana|nmfte["[}isputedVVork') to be Extra Work, Said notice |afor the purposes uf(1) affording an opportunity tothe Project Manager to cancel such order, direction or requirements promptly; (2) affording an opportunity to the Project Manager to keep on 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 ofWork will be addressed via Supplemental Job Orders. Extra Work aho|| result in a Supplemental Job Order representing the n000nnab|e 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 bythe Extra Work. The City aho|\ initiate the Extra Work procedure by 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 Conditionn, Article S. Job Orders of the RFP Documents and receipt of the Notice to Proceed with the Extra Work. Upon receipt of the Notice to pnxoend. the Contractor is required to start the Extra Work immediately. The Contractor in required to obtain permission for on extension to start the Extra Work if it is beyond the Contractor's ability tostart within the allotted 1|meyronne' The Contractor is required to provide the Project Manager vNth a detailed Phnm Propuao|, which nhm|/ include requested revisions to the Job Order Amount and Job Order Completion Tims The Job Order Amount for the Extra Work shallbe uo\cu|otad using the Unit Prices set forth in the CnnoLructinnTeokCato|ngwornsNnn'Prepr\oedTookn(on\yifthaapp\inob|eteskadonotaxiatin the CTC).The Proposal Package for the Extra Work must include anexplanation of. the schedule impact and a request for a revised Job Order Completion Time supported with e na|atod. updated Construction Schedule. /fthe Contractor falls honotify the.Pnojent Manager ofthe schedule. changes associated with the Extra Work, it will be deemed to be an acknowledgment byContractor that the proposed Extra Work will not have any scheduling consequences. The request for a revised Job Order Amount ohu\| follow the procedures set forth in Section 3, Supplemental Terms and Conditions, /\dio(e 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 reoohed, both pert/es aheU 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 VVorh, including any innpoot' and any prior ants, neglect or default ofthe (}ih/ relating to the Extra Wok Upon execution of Supplemental Job Order that mffeda the Job Order Completion Time the Contractor shall, within five /5\ business days submit o revised Construction Schedule reflecting the changes against the baseline schedule. 57. No Oral Chanqeg Except hmthe -extent expressly set forth inthe Contract, ro change hlprmodification, hennimation 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 duty authorized representative. Job Order for 58 RFPNo. 1&19-OOi 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 OTC) 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 he 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 suchpayment 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 Horizontal and Vertical Construction Services 57 • RFP No. 18-19-001 • 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 appurtenancesconcealed 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 of Unsatisfactory Personnel The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any or Subcontractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Contract Documents. The Contractor shall respond to the City within seven (7) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The City shall make the final determination as to the removal of unsatisfactory personnel from Work assigned by City. The Contractor agrees that the removal of any of its employees does not require the termination or demotion of employee(s). 63. Substantial Completion, Punch List, and Final Completion The Work shall be substantially complete when the Project Manager, in the reasonable exercise of his/her discretion determines that the Work is complete and there are no material and/or substantial variations from the Contract Documents and the Work is fit for its intended purpose. Upon Substantial Completion, the Project Manager and the Contractor shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the Contractor from its obligation to complete the Project. When the Contractor believes that the Work is substantially complete, the Contractor shall request in writing that the Project Manager inspect the Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Contractor has obtained a Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from agencies having jurisdiction over the Work. The Project Manager shall schedule the date and time for any inspection, and notify the Contractor and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The Punch List shall be signed by the Project Manager, and the Contractor confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Contractor to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Contractor from complying with the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City Where the Punch List is limited to minor omissions and defects, the Project Manager shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the Project Manager determines, on the appropriate form that the Work is not substantially complete, the Project Manager shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Contractor shall request another Substantial Completion inspection. The Project Manager and the Contractor shall agree on the time reasonably required to complete all remaining Work included in the Punch List. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the Project Manager shall notify the Contractor in writing of the closeout of the Project. The City will prepare a Certificate of Substantial Completion in the form, which shall establish the Date of Substantial Completion. Once substantial completion is achieved, the City shall be responsible for security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective Work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Final Job Order Contracting (JOC) for 59 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 Delav 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 receiptof 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 Contractor. 75. Uncovering Finished Work The Project Manager's, Inspector's, and/or Consultant's right to make inspections shall include the right to order the Contractor to uncover or take down portions of finished Work. The Project Manager shall notify the Contractor in writing concerning all uncovered finished Work. Should the Work prove to be in accordance with the Contract Documents, the uncovering or taking down, the replacing, and the restoration of the parts removed will be treated as Extra Work for the purpose of computing additional compensation and an extension of Job Order Completion Time. Should the Work examined prove unsatisfactory, such uncovering, taking down, replacing and restoration shall be at the expense of the Contractor. Such expenses shall also include repayment to the City for any and all expenses or costs incurred by it, including employee salaries or related cost, in connection with such uncovering, taking down, replacing, and restoration at the Project(s) Site(s). 76. Correction of Work The Contractor shall promptly correct all Work rejected by the Project Manager or Consultant as defective or as failing to conform to the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all cost of correcting such rejected Work, including the cost of the City's additional services thereby made necessary. The Contractor further agrees that after being notified in writing by the Project Manager or Consultant of any Work not in accordance with the requirements of the Contract Documents or any defects in the Work, the Contractor will commence and prosecute with due diligence all Work necessary to fulfill the terms of the Contract and to complete the Work within a reasonable period of time, as determined by the Project Manager or Consultant, and in the event of failure to so comply, the Contractor does hereby authorize the City to proceed to have such Work done at the Contractor's expense and that the Contractor will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of personnel, property, or licensees, the City may undertake, at the Contractor's expense, without prior notice, all Work necessary to correct such hazardous condition when it was caused by Work of the Contractor not being in accordance with the requirements of the Contract. If, within one (1) year after the date of final completion of the Project or within such longer period(s) of time as may be prescribed by law, by the Contract Documents, or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do so. The City shall give such notice promptly after discovery of the condition. All such defective or non -conforming Work shall be removed from the site if necessary and the Work shall be corrected to comply with the Contract Documents without cost to the City. 77. Maintenance of Traffic and Public Streets Scope of Work The Contractor shall be responsible for the maintenance of public streets and traffic control necessary to perform the Work under the Contract Documents. The cost of traffic control shall be included in the Contractor's Price Proposal applicable to each Job Order. Job Order Contracting (JOC) for 64 RFP No. 18-19-001 Horizontal and Vertical Construction Services ReOuladnno As used herein, any reference to Miami -Dade County, its departments, or its published regulations, permits and data, shall be synonymous and interchangeable with other recognized governing bodies over particular areas or streets, or their departments, published regulations (i.e., Manual of Uniform Traffic Control Devices (MUTCD), Florida Department of Transportation (FDOT) Roadway and Bridge Standard Index Drawing Booh), permits, or data. The Contractor shall abide by all applicable laws, regu|ot|onn, and codes thereof pertaining to Maintenance of Traffic /W1[}T\ on public streets, detour of traffic, traffic control and other provisions as may be required for completion ofthe Work. Maintenance of Traffic (MOT) ° The Contractor nhoU be fully responsible for the MOT on public otpeato, detour of traffic (including furnishing and maintaining regulatory and informative signs along the detour ' route), traffic and other provisions, osnecessary tocomplete the VVork' as required byth' Manual Of Uniform Traffic Control Devices (K8UTCD)' and FOOT Roadway and Bridge Standard Index drawing 800k. 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'furtraffic, without specific approval. • |frequired bythe P 'ectKAonageror<�onuu�ant.TraffinOivio\onorFOOToroaothmnm|oe 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 oftraffic through the work area. The number ofmen required and the number ofhours on dub/ necessary for the maintenance and regulation of traffic flow s1hall be provided by the City of Miami Police Department. n 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. m 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 toall adjacent property during construction, • The Contractor shall be responsible for the provioion, inata||ation, and maintenance of all MOT and safety devices, in accordance with the Manual of Uniform Traffic Control Devices (y�UT<�D\and FD[>TRoadvvoyand Bridge Standards index dravvingbook. \nadd0nn.the ' Contractor shall be responsible for providing the Consultant or Project Manager with KAQT 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 mode in the vicinity of signalized interueobono, 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 (1-90O-432-477O).forty-eight /48\hours prior toany excavation. Any loop detector which is damaged, whether shown on the Plans or not, shall be repaired or replaced tothe satisfaction nfthe Miami Dade County Signs and Signal Division (Phone No.305-5Q2'847O). " Where appUnob|w' 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 {) for 65 RFPNo. 18'1S-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, backfilfing. 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 time 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 nfthe Work occupied. Upon completion of final inspection and receipt of an application for final payment, Project Manager shall issue a Certificate of Final Payment relative tnthe occupied area. � If City finds it necessary to occupy or use o 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 ofsuch partial occupancy or use. Consent ofContractor and of the insurance company orcompanies to such occupancy nruse shall not be unreasonably 82. Cleaninq UP; City's Riqht to Clean 0p Contractor shall at all times keep the property free from accumulation of waste materials or rubbish caused by its operations. No fill or clearing stockpiles to remain on site for more than twenty-four (24)hours. Atthe completion ofthe P 'oct(a).ConhaotorohoUrennoveaUitevvmotematedn|aend rubbish from and about the P 'oot(s)eswwa||an|totoo|w.00notruntjonaquipment.0auhineryand surplus nnotorim|o. If Contractor fails to clean up during the prosecution of the Work or at the onnnp|eUon of the 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) at the and of each day. Cleaning operations should be controlled to limit dust and other particles adhering toexisting surfaces. 83. Removal ofEciuYp0nent In case of termination of this Contract before nmnop\ebon for any cause vvhat000ver. Contractor, if nnUOad to do no by City, shall promptly remove any part orall of Contractor's equipment and supplies from the property of City. If the C - ontractor 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.WYthh#{dins,and Deductions The City may set-off, deduct, or withhold from any payment due the Contractor, such sums as may be opaoifioo|(y allowed in the Contract or by applicable \mvv including, without |irD\toUnM' the following: • Any amount ofany o>airn by third party; • Any Liquidated Damages, and/nr; • Any unpaid legally enforceable debt owed bythe Contractor tothe City. The City shall notify the Contractor in writing of any such withholdings. Any vvithho|dinQ, which is ub\nnoto|y held to have been vvrongfu\, shall be paid to the Contractor, in accordance with the Local Government Prompt Payment Act. 85. Event of Default An event of default aho|| mean a bn800h of the Contract by the Contractor. Without limiting the generality ofthe foregoing and in addition to those instances referred to herein as n breach, an Event nfDefault, shall include, but not limited to, the following: N The Contractor has not performed the Work under a Job Order in a timely manner; Job Order 68 RFPNo. 18-19-001 • 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 law, including but not limited to, taking over the performance of the Work or any part thereof either by itself or through others. • In the event the City may, at its sole discretion terminate the Contract for default, the City or its designated representatives may immediately take possession of all applicable documentation and data. • Where the City erroneously terminates the Contract or for default, the terminations shall be converted to a Termination for Convenience, and the Contractor shall have no further recourse of any nature for wrongful termination. 86. Notice of Default -Opportunity to Cure In the event that the City determines that the Contractor is in default of their obligations under a Job Order or under the Contract, the City may at its sole discretion notify the Contractor, specifying the basis for such default, and advising the Contractor that such default must be cured within a specified time frame or the Job Order and/or the Contract with the City may be terminated. The City is under no obligation to issue such notification. The City may grant an extension to the cure period if the City deems it appropriate and in the best interest of the City, without waiver of any of the City's rights hereunder. The City, at its sole discretion, may have a default corrected by its own forces or another contractor and any such costs incurred will be deducted from any sums due the Contractor under any contract with the City. 87. Termination for Default If Contractor fails to comply with any term or condition of a Job Order or the Contract Documents, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default hereunder which is not cured within the time specified to cure the default if one has been granted by the City, the Director in addition to all remedies available to it by law, may immediately, upon written notice to Contractor, terminate a Job Order or this Contract whereupon any advances for which Work has not been performed, paid by the City to Contractor while 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 urpart thereof or order a Work stoppage until such time an the issues concerning cnnnpUonoe are resolved. Contractor understands and agrees that termination of m Job Order or this Contract under this Article shall not release Contractor from any obligation accruing prior to the effective date oftermination. Afinding ofdefault and subsequenttermination for cause may include, without limitation, any of the following: " Contractor fails to obtain the insurance or bonding herein required by the Contract. ~ Contractor fmUo to comply with any of its duties under a Job Order or the Contract Ooounnants, with any terms or conditions set forth in this Contn*o, beyond any specified period allowed tocure such default. ° Contractor fails to commence the Work on a Job Order within the timeframes provided or contemplated horwin, or fails to complete the Work on a Job Order within the Job Order Completion Time. If Job Order orthis Curdrmnt in terminated for default and the City has satisfied its obligations under the Contract Documents the City in granted by the Contractor full use of the Work and any Work Product /Oconnection with the Citv'ocompletion and occupancy nfthe Project. VVhena it has been determined that the Contractor has been erroneously terminated under this Artin|e, such termination shall be deemed to have occurred under Article 88. Termination for Convenience. The City in its on|a discretion may terminate a Job Order orthe Contract without providing the Contractor written Notice to Cure. 08. Remedies in the Event ofTermination '[orDefault If a Termination for Default occurs, the Contractor and the bond pnnvidar, if applicable) shall be notified ofthe effective date ofthe termination and shall beliable for all damages resulting from the default, including but not limited to re -procurement costs and other direct damages The Contractor oho|! stop Work as of the date of notification of the termination and immediately remove all |mbor, equipmant, and materials (not owned o, paid for by the City) from the Work Site. The City amaunlae no liability for the Contractor's failure to remove such items from the Project(s) Gito/o>osrequired. The Contractor shall also remain liable for any liabilities and o|oinna 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 on|e diocration, with or without cGuno, bomn|Oote, n Job Order or the Contract by written notice to the Contractor. Such Written Notice nho|| state the dote 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: M Stop all Work under the Job on the date specified in --_'. A Take such action as may be necessary for the protection and materials and property; " Cancel all cancelable orders for materials and equipment; Job Order Contracting 0 RFPNo. 18-19-00 Horizontal and Vertical Construction Services the notice ("theEffective ■ 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 OC|fall to resolve the dispute the Contractor shall submit their dispute in writing within five (5) calendar days to the Director of[>C/. 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 nfOC| shall review the issues relative to the claim ordispute and issue nwritten finding. Contractor must submit any further appeal in writing within five (5) calendar days tothe City Manager. Failure to submit such appeal of 1he written finding aho|| constitute acceptance of the finding by the Contractor. Appeal to the City Manager for his/her noao|udon' 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 (Q100.000)` 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 fir st received City yNanoga/o written deoiuion, approved by the City Commission if applicable, or (ii) o period of sixty (50) days has expiredd-after submitting to the City Manager a detailed statement of the d\opute, accompanied by all supporting docurnentation, or o period of ninety (SO) days has expired where C/h/ Manager's decision is subject to City Connnn\onion for approval; or (||i) C|tv� has waived compliance with the procedure mot forth in this Ad|o|e by written instrucnent(m)signed bythe 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 basin of the objection and must be accompanied by a statement that any Job Order Amount or Job [)nJer Completion Time adjustment claimed is the entire adjustment towhich 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 VVork, the parties ohm|| 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 pates..Shou|d any objection not,be reen|Y8d in nnediaUnn, the parties retain all their legal rights and remedies provided under State |8vV. 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. 88edlaOon~Waivmarof 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 P 'ect(a). and/or following the completion of the P 'ect/s>. the parties to this Contract mgnaa all unresolved disputes between them aho|| be submitted to non -binding mediation prior to the initiation of \|Ugodon, unless othomv|ao oQrnod in writing by the parties. A certified yWed|ator. 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 Utigpd/on, 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 ofAll Remedies . The City may avail itself of each and every remedy herein specifically given to it now. o,r existing at law orin equity, and each and every such remedy shall be in addition to every other remedy so Job Order Contracting (JOC)for 72 RFPNo, 18`18'0O1 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 beenofficer oremployee of the City for any right nr privilege applicable to.an officer nremployee of the CUx, ino!uding, but not limited to: vvVrhar'a compensation coverage; unemployment insurance benefits; uooin| security coverage; retirement membership, or credit. The Contractor's staff shall not be employees of the Citv, and the Contractor alone ohoU be responsible for their Work, the direction thereof, and their compensation and benefits of any kind. Nothing inthe Contract shall impose any liability orduty nnthe City onaccount ofthe Cuntr'ctu�s acts, onninyiona,UobUiUeeornbUgeUnnoofthose ofany person, Orno.company, agency oa000)mUwn. oorporation, or organization engaged by the Contractor as o 8uboontrooto,, expert, consultant, independent contractors, specialist, trainee, employee, servant or agent or for taxes of any nature, /no|uding, 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 Partv Beneficiaries . Neither Contractor nor City intends todirectly ursubstantially benefit a third party by this Contract. Therafore, the part/en agree that there are no third party beneficiaries tothis Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The p@rt|aaoxpress|yocknnw|edgethot|t|anottheir|ntmnttooreoheony[|ghtanrnb|igatinna|napy third person mrentity under this Contract, 97. Successors and Assi0ns The performance of this Contract shall not be transferred pledged, sold, delegated, or assigned, in whole or in port. by the Contractor without the written consent ofthe Cdy. It is understood that a ao|a of the majority of the stock or partnership shares of the Contnactor, a merger or bulk oa|e, o fraudulent tnanafer, on assignment for the benefit of oneditone, an appointment of o receiver or trustee, a pledge of its omaeta, ohmU each be deemed transactions that would constitute on assignment nrsale hereunder requiring prior City approval. Any transference without City approval shall be mnuoa 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 ognaen\gnt in o form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The City will require on assignment fee of three (3Y6) percent of the construction costs paid to date to the Contractor as o condition to approve any proposed omaiQnnnent, if the assignment is not approved the City shall only retain $500.00 as a regulatory charge toprocess the assignment request. The Contractor and the City each binds one onother, their partners, auooenanra. legal representatives and authorized assigns to the other party of this Contract and to the partners, uucoeoanno. legal representatives and assigns of such party in respect to all covenants of this Agreement. 98. 88aterlalilhyand Waiver of Breach {]b/ and Contractor agree that each requiremant, duty, and obligation net forth in this Contract Documents is substantial and important to the formation of the Contract Documents and, therefore, |aomaterial term hereof. C|ty'afai|une to enforce any provision of the Contract Documents ahn|| not be deemed e waiver of such provision or modification of the Contract Documents. A waiver of any breach of a provision of Job Order 74 RFPNo. 1848-0O1 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 be kept in City files for evaluation on future solicitations. 105. Commodities Manufactured, Grown, or Produced in the City of Miami, Miami -Dade County, and the State of Florida Whenever two (2) or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida shall be given. preference. 106. Royalties and Patents All fees, royalties, intellectual property rights related fees, and claims for any invention, or pretended inventions, or patent of any article,_ material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. 107. Continuation of the Work Any Work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the City and the involved contractor, continue until completion at the same prices, terms and conditions. 108. Review of Records City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project(s), and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to a Project(s) and to any claim for additional compensation made by Contractor including but not limited to all payroll records, invoices for materials, and books of accounts. Such records shall conform to Generally Accepted Accounting Principles requirements (GAAP), and shall only address those transactions related to the Contract. Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with such statute. Otherwise, Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project(s) and to any claim for a period of five (5) years following Final Completion of the Project(s). Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; .(2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; (5) All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. The Contractor agrees to maintain an accounting system that provides for accounting records that are supported with adequate documentation and adequate procedures for determining allowable costs. Contractors shall develop the proper forms and reports acceptable to the City for the administration and management of the Contract Documents. Job Order Contracting (JOC) for 76 • RFP No. 18-19-001 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 a(�MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 S.W. 2ND AVENUE, 9'H 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 the satisfaction of the Project Manager. 119. Contract Documents contain all Terms The Contract Documents and all documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of the Contract Documents shall be deemed to exist or to bind any of the parties hereto, or to vary any of the terms contained herein. 120. Survival 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 (A/E) 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 Horizontal and Vertical Construction Services 83 RFP No. 18-19-001 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 establishedby 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 Q 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 OTCwjU be effective for the following twelve (12) month period, The OTC that accompany each anniversary shall only apply to Job Orders issued after the effective date of that specific nnnevvm| option and nhn|| have no impact on Job Orders issued prior to the effective dote 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 o Job Order to take advantage of scheduled update of the CTO. In that event, the Contractor shall use the CTC that would have been \neffect without the delay. 9' Computer Requirements - The Contractor shall maintain at its office, for its use, o computer with, at a minimum, a one (1) GHz processor and an internet connection. The Contractor shall maintain individual email accounts for each ofits Project Managers. 10. Prociresspaymnents City will make one (1) payment for all Job Orders that have a Job Order Completion Time of forty- five(45)dayanr|esn.nraJobDnderAmountof$25.00Oor|ean.Fora|/othorJobOrdera,Oitymoy make partial, monthly payments based on a percentage of the Work completed. Mobilization Partial Payments: When the proposal includes separate pay item for Mobilization and the NTP has been issued, partial payments will bemade \naccordance with the following: ° For contracts of one hundred bwanh/ (120) calendar days duration or |eaa, partial payment will be 0mda at fifty percent (50Y6) of the bid price per month for the first two (2) months, For contracts in mxoeno of one hundred bwonh/ (120) calendar days duration, podioi �vvU|bamndeottwx�nh+fivopero�nt the Job [)nderPrice per nnonthfor the payment ' ���/o/u/ first four (4). months. In no event shall more than fifty percent (50%) of the Job 'Order Price bepaid prior tocommencing construction onthe Project(s) Site(s). m 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 p'aut.Anynamoin|ngamountwiUbepoldupoDcunnokaUonofoU Work oDthe Contract. 0 Reba|nogewill boapplied toall partial payments. " Partial payments made on yWobiUzaton will in no way act to preclude or limit any of the provisions for po�ia| payments otherwise provided for by the Contract. Contractor may make application for payment for Work completed during the P 'act(a)atinterva|s 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 bneohdovvn, contained inthe Contractor's Job Order Proposal, with payments based on actual Work performed. All applications shall be submitted in triplicate and the ContnabtornhaU only use the City'o {}ontroctVr Payment Application Form. Where the time frame for completion ofthe Work in less than orequal toone (1) month oroSchedule nfValues is not required, tha 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 {}onatruotion Schedule as required by Section O. Article 18 of the Supplemental Job Order Contracting U8O RFpNo�O)ho, . 18'18'001 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 less than $250,000 $884 $250,000 but less than $500,000 $1,074 $500,000 but less than $2,500,000 $1,742 $2,500,000 but less than $5,000,000 $2,876 $5,000,000 but less than $10,000,000 $3,770 $10,000,000 but less than $15,000,000 $4,624 $15,000,000 but less than $20,000,000 $5,563 $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 o. All Schedules shall be prepared /n MicrosoftProject 2003. or later unless otherwise approved by the Project Manager. At the time of submission of Gohedu/es. Contractor shall submit a hard copy as well as an electronic version. Such electronic version shall not be submitted in a pdffnmned and ohoU be capable of being incorporated in to the C|ty'o master Project oohedu|e. d. Subsequent toreview ofthe 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 ofLie ns/Subcontractor`mStatement of Satisfaction The Contractor warrants and guarantees that title to all Work, materials and equipment covered by onapplication for payment, whether incorporated inthe Pr 'ect(m)ornot'vvi||paoetothwC|tyupon the receipt of such payment by the Cuntrantor, free and clear ofall |ienn, nlo\mo. security interests or encumbrances and that no Work, nnatmhoim nrequipment will have been acquired by the Contractor or by any other person performing Work at the Site or furnishing nnobario|n and equipment for the Projact(o), subject to on agreement under which an interest thmpein, or an encumbrance theneon, 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 8botannent 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 raquest, for any Project(s) vvharo Subcontractors have performed Work, o Final Release of Lien/Gubcontrntor'o 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 Go8ufaution, submit a (}nnmont of Surety to Requisition Payment. Contractor must use City Release of Lien, Affidavit and Consent of Surety forms, or the Application for Payment will bo rejected. 15. Proaress Meetings The City uhoU conduct a pre -construction conference prior to the commencement ofthe Work respective to eJob Order. Contractor shall hold progress and coordination meetings as required bythe Project W4nnegerorEngineertop[uv|defnrthetima|yoonnp(edonoftheVVurk. Contractor shall arrange and conduct rogu|arbi+woek|y job aite.Pr 'antotatun meetings with the Project Manager. Contractor shall use the job site meetings as a tool for the pre-pianning of Work and enforcing oohedu|as, and for establishing pnooeduren, reaponoib||itieo, and identification of authority for all parties to understand clearly. During these meetings, Contractor ohoU identify the party or parties responsible for following up on any problems, delay |tennn' or questions, and Contractor shall note the action to betaken by such party orparties. 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 ahoU arrange for the participation of its Subcontractors and/or vendors when the Project Manager requires their presence, Job Order Contracting (JOC)for 88 RFpNo. 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. Protect 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 loss to such materials, tools, equipment and Work and the Contractor shall be responsible for the repair or replacement of all Work such materials, tools, and equipment. 20. Construction Signage Where required by the Contract Documents, the Contractor shall provide construction signage. The City shall provide the Contractor the wording and layout for the signs at the pre -construction conference. The Contractor shall furnish the two (2) City signs at the Project(s) Site(s) as follows: • The first shall be four (4') feet wide and eight (8') feet high and constructed of pressure sensitive two (2) mil cast vinyl 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 fettering; 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 (%) 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 lines, 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 ofall pipeline Project and on -site Project deviations from Drawings and Specifications by a Florida Registered Professional Surveyor and Mapper (P.S.M.). For Pipe Installation inAll Pipeline Projects andC)n-mitePnojoots: During entire construction operation retain the'services of State of Florida RaOietonad Land Gurveyor(FRL8) who aho|| maintain records of the installation, including all deviations from Drawings and Specifications. (FRLS) shall record as -built d/meno|unaand elevations every twmntv�ivefeet (25')orportion thereof along pipeline and ateveryabrupt change |ndirection ofthe new line. (FRLS) shall record locations and elevations for each valve, fitting, service line, fire hydrant, water sampling point, and also for above ground piping and other appurtenances along the pipeline. Specific locations and elevation ofequipment, the bu||dingn, 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'mi/'W1y|mr as specified hereinafter. Record Drawings and three (3) blue line oop)ma shall be signed and sealed by the Surveyor and shall be submitted tothe City for the Project Manager's o, Consultant's review within ten (1O) calendar days following the completion date ofsuccessful 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 w|thaonver|otternoUngthadefioienoieaand/orre000nmforthedinappnovai. Contractor shall have ban (10) calendar days to correct all exceptions taken by the Project &4enngeF or Consultant and nnoVbnl|t as -built record drawings to the Consultant for final acceptance. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings o[as-built drawings acceptable tothe Project K8onager. 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 permitn, other pormita, governmental fees, licenses and inspections necessary for proper execution and completion of the Work including the preparation of all drawings, sketches, calculations and other documents and information that may be required. The cost of all activities required to obtain the permits (including expediting) will be at the Contractor's expense. However, all such actual permit fees paid by the Contractor will be treated as a Contract coat ne|rnburoob|a. The Contractor oho|| be permitted to include the applicable line items from the Construction Task CatalogO in their Price Propona|, supported by documented receipts, to receive o doUar-for'doUerreimbursement (no markup). 26^ E-VerifV~M0amdatmrVUse Contractor shall utilize the U.S. Department of Homeland Security's E-Verifyayntem tnverify the employment eligibility of all new employees hired by the Contractor during the term of the Contract, and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.G. Department of Homeland Security's E'Verifv system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. Job Order 93 RFPNo. 1&13-0O1 Horizontal and Vertical Construction Services 27. Job Order Contracting Software and License Fee The City selected The Gordian Group's (Gordian) Job Order Contracting (JOC) Solution (Gordian JOC SolutionTM) for their JOC program. The Gordian 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 94 . . RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 Tess 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 Tess 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 -co nfonnffieo in City - Purchased Materials, upon such visual inspection, the Contractor or Subcontractor shall not utilize such non -conforming or defective nocderia|n inthe Work and instead nhoU 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 ohmU notify the City, in vvriting, 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-Purch.ased 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.Eanh monthly Requisition for Payment oho\| 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 ofall City -Purchased Materials delivered tothe Project oita.|fonyCity-PunchooedK8oteria/s 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. Retoinage 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 finmUzed, a deductive Change Order or contingency adjustment for City -Purchased yWateho|o may be processed, if deemed eppropr\atn, and at the aV|e discretion of the City. The Contractor shall provide a full final accounting and reconciliation ofall City -Purchased Materials actually processed for the Project. 23.Tho Contractor and Subcontractor shall be responsible for all vvnnanh/ 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 yWotmria|o. 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 ofdelivery to the Project site and approval by the Contractor and Subcontractor. The transfer of the pmnneaainn 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 K4ohariala shall be considered returned to the City for purposes of its bailment otsuch time as they one incorporated into the Project orconounnedintheprooeasofcornp|et|ngtheProject. Ballee shall have the duty to properly safeguard, store and protect�all City -Purchased Materials. 25. The City shall ouounne 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 theUrne1hooenmotoria|ahmvebonn|noorporabodinhothaVYorkbythaContnootorohddurinQ that period of time, the City shall be responsible for deductible payments for any covered |oeo(a). Notwithstanding the Chx'o assumption of the risk of loss for City -Purchased K4ad/r'a|o to the extent and for the period of time set forth herein, the Contractor shall be -responsible for providing all proper hand|ing, storage and protection from damage, theft or other loss for all City -Purchased Materials delivered to the Site in the same manner as set 88 RFPNo 1D1�OO1 JobOndorOontra�|ng(JOC)har � ' ' forth in the Job Order for all materials, products and equipment to be incorporated into the Work. 26. The City shall in no way be liable for interruption or delay in the Project, for any defects or any other problems with the Project, or for any extra charge or cost resulting from delay in the delivery of, or defects in City -Purchased Materials, and the Contractor and its. Subcontractors expressly accept all risks and responsibilities for incomplete, improper or untimely delivery of these materials. 27. Contractor shall be responsible for the removal and proper disposal of any waste City - Purchased Materials delivered to the site that were not used to complete the Project. The City, at its option, may take possession of any City -Purchased Materials delivered to the site that were not incorporated into the Work by the Contractor. Job Order Contracting (JOC) for 99 RFP No. 18-19-001 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 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 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 0r 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 Horizontal and Vertical Construction Services RFP No. 18-19-001 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. (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) DIRECT.ONS.L. .E>nIRABI_i.._O.R..L RL ..1C. VFRAPer-rFS,A. ._>.aBIEILLANDIV_ _.._.... Part 1: 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 It: 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. Druq 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 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 according ly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of no less than $10,000, but not more than $100,000 for each such failure. Job Order Contracting (JOC) for 106 RFP No. 18-19-001 Horizontal and Vertical Construction Services SCHEDULE OF PRICES: (Page 7 of 11) °Note: |nthese instances, "4U"inthe Final Rule ia expected tobeclarified 0nshow that itapplies to covered contract/grant transactions over $10O.00O(per QK4B). 5. Debarment, Suspension and Other Raoponnib||ityMatters 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\ Mavenot. within o three year period preceding this FlFP, been convicted oforhad a civil judgment rendered against them for commission of fraud or criminal offense in connection with nbbaining, attempting to obtain, or performing a public (FeUere|. State, or local) transaction or contract under o public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false otabonnonto, or receiving stolen property; (c\ Are not presently indicted for oro{hemv}ne criminally orcivU|ycharged by 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 mthree-year period preceding this F{FP had one ormore public transactions (Fodena|,State, orlocal) terminated for cause ordefault. (n) In oddUbon, factors to be considered in determining responsibility of prospective contractual parties shall include but not belimited to: (1) Proposer does have availability ofappropriate financial, motaho|' equipment, facility, and personnel resources, and expertise, . or the abU|tv to obtain them to meat all contractual porno ' . requirements; (2) Proposer does have asatisfactory record ofperformance; /3\Proposer does have osatisfactory 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 concerning responsibility; (f\ Proposer has not had oterminoUon.suspension, oroonco||aUonofe0tvcontract, |nwhole or � in part, for oouse, due to m default by the Pnnpooer, within the past five (5) yearn, which has not been reversed onappeal by acourt ofcompetent jurisdiction; or /g\ Proposer has not withheld m payment or nonpayment of moneys due the Qh/ from the Proposer, within the past five (5) years, unless the full amount of such moneys due the City; /h\ Have been deposited with o ouu�ofcompetent jurisdiction in Miami -Dade County, Florida, � pursuant tothe provisions of Fla. R. {}iv. P. 1.600 titled "Deposits in Court", as emended, or other applicable Federal, State or Local Rules of Court, and are subject to distribution to the City orwithdrawal bythe City byorder ofthe court; (i) The Proposer shall provide any information requested by the [}h\mf Procurement Officer or contracting officer concerning responsibility. If such contractual party fails to provide the requested informotion, 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 nfnecessary financial, equ|pment, fani|ity, and personnel, resources bysubmitting: Job Order Contracting 107 RFPNo. 1&49-001 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 Contract. for Dollars ($ ) 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: 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) CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a corporation organized and existing under the laws of the State of , held on the day of , , a resolution was duly passed and adopted authorizing (Name) as (Title) of the corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Secretary: Print: CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the day of , a resolution was duly passed and adopted authorizing (Name) as (Title) of the to execute bids on behalf of the partnership and provides that his/her execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Partner: Print: CERTIFICATE OF AUTHORITY IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Bid is authorized to sign Bid documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign the Bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Bid to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Signed: Print: Job Order Contracting (JOC) for 110 . RFP No. 18-19-001 Horizontal and Vertical Construction Services SCHEDULE OF PRICES: (Page 11 of 11) STATE OF ) SS: COUNTY OF NOTARIZATION 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 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 113 RFP No. 18-19-001 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) Afflx 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 1, , 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. (Corporate Seal) STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) SS CITY OF MIAMI ) 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 (Pape 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 YesD 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 of Business Entity: ❑ Corporation ❑"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 of ownership b. Is any owner identified above, an owner in another company? ❑ Yes ❑ No If yes, identify the name of the owner, other company names, and % ownership for each. c. Identify all individuals authorized to sign for the Business Entity, indicating the level of their authority (check applicable boxes and for other provide specific levels of authority) Name Title Signatory Authority All Cost No -Cost Other ❑ ❑ ❑ ❑ EICIO ❑ ❑ ❑ ❑ ❑ Explanation for Other: (Note: "All" refers to any type of document including but not limited to contracts, amendment, change proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost' refers to CPRs, COs. No -cost refers to RFIs, Notices, and other similar documents). 5. Employee Information Total No. of Employees: Number of Managerial/Admin. Employees: Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) Job Order Contracting (JOC) for 118 RFP No. 18-19-001 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 (Paqe 4 of 51 Q. The Proposer mrany officer o of the Proposer currently under investigation by any |avv enforcement agency or public entity? If yes, provide details: 10. Has the Proposer be*nmamomsod|iquidoteddomogesnrdefaultedonoproentintheoaot five /5\years? FlYes 17lNu (If yes, provide mnattachment that provides anexplanation ofthe project ondonnxp|onzd|on). 11. Has the Proposer been cited for any OSHA violations in the past five (5)yeoro? If yes, please provide enattachment including all details oneach citation, 12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater, owned bythe Proposer. B. Project Management and Subcontract Details 1. P 'ectMmnagarforth|nProject: 8. Name: b. Years Employed bvProposer: c. Lice naen/CertifinoUonn: d. Last three (3) projects with the Proposer including role, scope of work, and value of 2. Subcontractors: Nome Trade q6ofWork License No. Certification* (*active certifications of community small business enterprise & name of certifyingentity) Job Order 120 RFP No. 1848-001 Horizontal and Vertical Construction Services / ` / QUESTIONNAIRE (Page 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) separatecompleted 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 (.IOC) for 121 RFP No. 18-19-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 122 RFP No. '18-19-001 Horizontal and Vertical Construction Services 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 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 THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 124 RFP No: 18-19-001 Horizontal and Vertical Construction Services V fi Tit Uf �i�xx�ct To Whom It May Concern Subject: Reference Letter for Vertical Project llowtn : Section to I Emilio T. Gonzalez, Ph.D. City Manager ompfetecf `I he 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: 1.4 f"allawtng. Secttan a Fxa ornplete* by tFie, Project Ox'Nner 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 El 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: Name of Project Owner: Signature of Project Owner's Representative: Title: Date: 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 ':1Iit f taint Emilio T. Gonzalez, Ph.D. City Manager To Whom It May Concern Subject: Reference Letter for Horizontal Project au. ItiOwlC ompleted: 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: owing Section to be Corinpleted 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: Signature of Project. Owner's Representative: Title: Date: 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 (Pape 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 less 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 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 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, 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 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 130 RFP. No. 18-19-001 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 (Corporate Title Title a (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 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 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 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 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: Notary Public, State of Florida at Large Bonded by 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 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 ❑ Local ❑ SBE 0 DBE ❑ None $ 0 SBE 0 Other ❑ Local ❑ SBE 0 DBE 0 None $ ❑ SBE 0 Other 0 Local ❑ SBE 0 DBE 0 None $ ❑ SBE ❑ Other ❑ Local 0 SBE 0 DBE 0 None $ ❑ SBE 0 Other ❑ Local 0 SBE ❑ 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 E: 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 REQUIRED 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 ail 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 ❑ No 7) Company Role: 0 Sub Contractor 0 Prime Contractor 8) Agency: ❑ Public ❑ Private 0 Other: 9) Percentage of Self Performed Work with the Company's Trades: 10) Project Type: ❑ Vertical Construction El 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 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 ❑ 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: 0 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 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 0 Yes ❑ No 7) Company Role: El Sub Contractor ❑ Prime Contractor 8) Agency: El Public ❑ Private El Other: 9) Percentage of Self Performed Work with the Company's Trades: 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 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-1 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 HARBOUR CONSTRUCTION, INC., 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 HARBOUR CONSTRUCTION, INC., a Florida corporation Signature Signature Print Name, Title Leyla De La Espriella, Vice 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 (Page iof3\ BY THIS BOND, We , as Principal, hereinafter called Contractor, and . as Surety, are bound to the City of yWiam|. Florida, as ObUgee, hereinafter called {}bv. in the amount of []oUom ($ ) for the payment whereof Contractor and 8Vratv bind the[naelvgo, their heina, execut0ns, administrators, successors and assigns, jointly and severally, YVHEREAG. Contractor has by written agreement entered into m Contract, RFPNo: 1O~19-O01.awarded the day of .20 . with City which Contract Documents are by nohs[enoe incorporated herein and made o part hereof, and specifically include provision for liquidated domagoo, and other dmnnmgen \dentif(od, and for the purposes ofthis Bond are hereafter referred tOoothe ''Condn@nt'; 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 fees including appellate proceedings, that City sustains as o 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 tole, in default under the Contract, City having performed City obligations hereunder, the Surety may promptly remedy the default, orshall promptly: Job Order Contracting ) for 152 RFPNo. 184g-0O1 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 Attorney -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 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 , 20 Contractor ATTEST: By: (Name of Corporation) (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 IN THE PRESENCE OF: INSURANCE COMPANY: By: (Agent and Attorney -in -Fact) Address: (Street) (City/State/Zip Code) Telephone No.: Job Order Contracting (JOC) for 156 RFP No.• 18-19-001 Horizontal and Vertical Construction Services 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 |. .martify that |mmthe Secretary mfthe corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond\;that . who signed the Bond/o\Vnbehalf of the Pr|no\po(, was then of said corporation; that ) know his/her signature; and him/he[ signature thereto is genuine; and that said Bond(s) was (were) duly aigDed, sealed and attested to on behalf of said corporation by authority of its governing body. Secretary (on behalf of) Corporation STATE OF FLORIDA COUNTY {}FM|AM|-DADE CITY OF K4|AM| Before me, o 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 OfContractor named therein in favor ofCity. Subscribed and Sworn tobefore nmethis day of ,20 My commission expires: Notary Public, State of Florida at Large Bonded by Job Order 158 RFPNo, 1&18-0O1 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 Amount: 444 S.W. 2nd Avenue in United States Funds Miami, Florida 33130 Expiration: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (Branch address) of and for the account of (Contractor, applicant, customer) up to an aggregate amount, in United States Funds, of 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 PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the Contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (Contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature Job Order Contracting (JOC) for 160 RFP No. 18-19-001 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 Horizontal and Vertical Construction Services 161 RFP No: 18-19-001 NOTE: If, after filing this form and before the completion of the Joint ventures 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 Tit. of 4Tham ADDENDUM NO. 1 May 17, 2019 REQUEST FOR PROPOSAL ("RFP"): 18-19-001 JO ; ORDER CO61T5'k.ACTING ("JOC") FOr. HORIZONTAL AND VERTIC.+ L CONST'.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: " i ntal 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? Al: 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 party verification 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 ail Job Order Tasks. Job -Order Contracting ("JOC") for Horizontal and Vertical Construction Services RFP No.: 18-19-001 2 Addendum 1 Q8. A8: If respondents are submitting for both horizontal and vertical contracts, are we required to submit two separate bid bonds? 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 arid profit for NPP, Does this include the 1% fee the Contractor needs to pay Gordian for licensing? Al 0: 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 Miaml-Dade heavy wages per the RFP in our • Adjustment Factor? All: Yes. Q12. Will 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 3 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 -Bid last week. This will help our bonding company with the perception that we are pursuing vertical work, A16: 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). 416. 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, all 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 ("JOG") for Horizontal and Vertical Construction Services RFP No.: 18-19-001 4 Addendum 1 i �private netnuoUonaaotorfortheaomedhirtvyeano.Add0ona|k/. Our staff (superintendents-, and project have successfully over $30 Million of�][DC' qualifiers,contracts in past |2 years and presently hold m SourpoVVa| |OCC contract in the State of Florida. Finally, vvehave secured over $5OMillion inbonding capacity to provide you with the insurance that vxocan and will complete all projects aoeignedtouo.C>urUcenoehoNero (GC and U{3) both have well over 5 years of business and technical experience requested, Therefore, nlV question is, "Can the 5 years' experience of the qualifiers, be considered omo[in|ouofthe 5years' experience under the business Dame." A18. The minimum requirements must be met by the Proposer, and not by staff members. Q20,CGG has been providing construction services since 2D00 (for 13 years) under Certified GeMann| Contractor License No. 1512866. From 2005-2010. it did so aaCEG Consultants Inc., and beginning in 2018' as CE8 Conntruction, LLC. Please confirm Ulst,CES. with a term of experience in excess of the required five (5) years, will be considered to have mat the 5'yeorexperience requirement bythe RFPdespite the name change, A2O:The minimum requirements must bemet bythe Proposer. Q21, Please confirm the firm may include relevant experience and references from proposed staff members tosatisfy the experience requirement ofsix KBseparate projects vvith|nthapmst three (3) years. A21: Please refer to A19, above. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF . Job Order Contracting (1.UOD") for Horizontal and Vertical Construction Services RFPNn.:18-18-001 Annie Pd ez,'CPPO, Director City mfMiami Department of Procurement Addendum ` ' HARBOUR CONSTRUCTION, Il!(, Harbour Construction Cover Letter Brief Narrative: Harbour Construction has been serving the South Florida area for over 16 years, We provide full service General Contracting and Construction Management services. Our non -wavering commitment to delivering high quality construction services coupled with our client satisfaction approach have propelled us to become a local industry leader. Harbour Construction holds a General Contracting license (CGC 060330), a Utility Underground license (CUC1225311), a Hazwoper 40 Hour OSHA Certification, and a LEAD AP certificate as well. We are experienced with both vertical and horizontal projects. In addition to our licensing, Harbour Construction is fully Bonded. Our personnel have over 50 years of combined construction experience. We are capable to perform on any project either vertical or horizontal that is oriented in our direction. 1) Ability to Provide Services in the Contract Documents: Harbour Construction offers a wide array of General Contracting services. Our personnel are vastly experienced in all areas of Vertical and Horizontal construction. Areas of services include but are not limited to Commercial, Residential, ROW Improvements, Marine, Municipal, and industrial projects. In addition to providing construction services, Harbour Construction also is experienced in Design Build projects. Of Importance, Harbour Construction has been continuously working on JOC Contracts with various institutions for 10 + years. Our entire staff are seasoned with the JOC program and its requirements. This familiarity has allowed us to create a properly functioning staffing strategy. We are designed to quickly and proactively execute an projects assigned to us. We are able to process a project from receipt of project, to estimating, contract execution, construction, and project close out within allotted time parameters. In addition thereto, with every project we provide and honor a 1 year warranty as per typical construction contract requirements. Our body of work in the past 16 years speaks to our ability to provide any service required under the Construction umbrella. 2) Joint Scope Meetings: As seasoned JOC contractors we are familiar with and recognize the value of joint scope meetings. We are always interested in taking the time to arrange/attend these meetings. It is important for the Architects, Engineers, City representatives and the Contractor to meet in advance of project proposal preparation. At these meetings the scope of work Is reviewed and it provides a good opportunity to familiarize oneself with the client management team, the project scope, the site, study of existing conditions, plan review and so forth. The joint scope meeting allows the Contractor to ask questions and analyze field conditions in order to provide the most accurate JOC proposal the first time around. The greater the accuracy the quicker projects can be executed and prepare them for construction. 3) Staffing Capacity: Because of the amount of time that Harbour has participated in the JOC program, we are in tune with the staffing requirements to properly operate within the program. We have dedicated staff which exclusively handle JOC projects. Each JOC project we undertake receives a. dedicated Estimator, Project Manager and a Project Superintendent. Administratively we have • a dedicated person to handle permitting needs, accounts payable/receivables and project close - HCI HARBOUR (ONSTRU(TIOIf, III(. out. With the structure already in place we are capable of handling large volumes of work and to provide seamless project execution. 4) Problem Resolution: Harbour's .staff is also proven to provide fast and accurate project problem resolution. With the experience we have in place we are able to 1) Spot issues before they happen or 2) Point out problems in a.tirnely fashion for Designer/Owner input. At any point of conflict we are adept at reaching out to our points of contact and following up with official RFI's for official responses and/or directives. Once a solution or directive has been provided we are capable to act quickly to cure. For grander problems we have systems. in place in the field which include emergency contacts or protocols to deal with any potential issue. With this being said, it is equally important to note that Harbour Construction invests ample time to pre -construction activities to help prevent problems. For one, our permits are always properly posted at the jobsites for inspection by any entity which may ask to see it. A job folder accompanies all our superintendents with the most current plans, plan revisions, RFI's, project submittals, purchase orders, material specifications and so forth -for proper work execution. We continually emphasize job safety and we perform on site weekly safety meeting's with staff and sub- contractors. In addition to having all the project specific information in the field, we also utilize Procore-a construction management software that helps us increase project efficiency and accountability. The software is accessible to our staff both from our office desk tops or any mobile device out in the field. The information is available in real-time so our entire team is up to the date all the time. Closing: Harbour Construction has a proven record of success working in the JOC program. During the time that we have operated in the program we have fine-tuned our internal structure to not only deliver high quality projects, but to also provide excellent customer service. Our staff is always available to our clients and are always ready to undertake any project provided to us. We have demonstrated a full commitment to the COM JOC program during our time .as JOC Contractors and will continue to do so should we be fortunate enough to continue to participate in the program. Our mission is to always continue strengthening our reputation one project at a time. Leyla D(1a Espriella, V.P. PROPOSAL FORM 1 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS EQUAL TO OR LESS THAN $50,000 1) Proposer's Name: Harbour Construction Inc 2) AgencylCIlent Name: City of Miami 3) Project Name: Hadley Park Outdoor Fitness Equipment 4) Project Number: B183506.00 5) Project Value: $38,821.79 6) Achieved or Anticipated Final Acceptance after January 1, 2013 (81 Yes 0 No 7) Company Role: 0 Sub Contractor FJ Prime Contractor 8) Agency: El Public 0 Private 0 Other: 30 9) Percentage of Self Performed Work with the Company's Trades: 10) Project Type: L Vertical Construction 0 Horizontal 11) Attach a separate sheet describing the scope of work: [2] 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.) Nelson Cuadras Reference's contact: Name Title Project Manager 305.416.1254 ncuadras@miamlgov.com 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) N/A Job Order Contracting (JOC) for 139 RFP No, 18-19-001 Horizontal and Vertical Construction Services HC HARBOUR CONSTRIMIONI INC 7340 SW 48 Street Suite 102 Miami, FL 33155 Phone: 305.603.9944 Fax: 305.603.9437 Scope of Work Project: Hadley Park Fitness Equipment Contractor to furnish labor, equipment, materials and supervision to complete a new accessible concrete walkway to a new outdoor fitness equipment with shaded platform area completed by other. Electrical work is to install 3 electrical poles along walkway and 4 light fixtures attached to column of shade structure. Restore disturbed grass area throughout the work area. THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 140 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: Harbour Construction Inc 2) Agency/Client Name: City of Miami 3) Project Name: Douglas Park Playground Fence 4) Project Number: 040581A.00 5) Project Value: $33,628.81 6) Achieved or Anticipated Final Acceptance after January 1.2013 ® Yes ❑ No 7) Company Role: 0 Sub Contractor El Prime Contractor 8) Agency: ® Public 0 Private ❑ Other: 9) Percentage of Self Performed Work with the Company's Trades: 20 10) Project Type: ® 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 can not be contacted, this project may not be considered.) Reference's contact: Name Orlando Diez Title Project Manager Telephone: 305.416,1283 Email Address: odiez@miamigov.com 12) Description of Any Problems or Major Issues Encountered During the Project (If Any) and What Was Done to Resolve: (Attach Addition! Information. as Necessary) N/A Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 139 RFP No. 18-19-001. t d (9.1:1614" HARBOUR CONSTRUCTION, INC Scope ofWork Project: Douglas Park Playground Fence 7340 SW 48 Street Suite 102 Miami, FL 33155 Phone: 305.603.9944 Fax: 305.603.9437 Contractor to furnish labor, equipment, materials and supervision required to erect approximately 400 If, 4ft high 3" square posts of Steel tube playground perimeter fence. The fence will have two single swing gate of 3ft wide steel tube. Contractor Is to construct two (2) 4ft wide concrete walkways with broom finish connecting playground area to existing path walk. THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contacting (JOC) for 140 RFP No. 18- 9-001 Horizontal and Vertical Construction Services PROPOSAL FORM 1 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS EQUAL TO OR LESS THAN $50,000 1) Proposer's Name: Harbour Construction Inc 2) Agency/Client Name: Jackson Health System 3) Project Name: _ JHS East Tower 7B 4) Project Number: 137.00 8) Project Value: $34,718.97 6) Achieved or Anticipated Final Acceptance after January 1, 2013 fxl Yes ❑ No 7) Company Role: 0 Sub Contractor ® Prime Contractor 8) Agency: ® Public ❑ Private ❑ Other: 9) Percentage of Self Performed Work with the Company's Trades: 40 °h 10) Project Type: I Vertical Construction ❑ Horizontal 11) Attach a separate sheet describing the scope of work: (2/ 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 Richard Potemeni Title Project Manager Telephone: 305.585.8151 Email Address: richard. polemenl-con@jhsmiami.,o rg 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) N/A Job Order Contracting (JOC) for 139 RFP No. 1B-19-001 Horizontal and Vertical Construction Services HARBOUR CONSTRUCTION, INC Scope of Work 7340 SW 48 Street Suite 102 Miami, FL 33155 Phone: 305.603.9944 Fax: 305.603,9437 Project: JHS East Tower 7B Jackson Main Hospital: Convert two (2) existing patients room into treatment rooms for labor and delivery. Include demolition/ICRA (Dust containment), new mechanical services (Electrical, HVAC, Plumbing), new framing and drywall, new interior finishes including but not limited painting, flooring, wood casings, doors/door hardware, millwork, etc. THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 140 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: Harbour Construction Inc 2) Agency/Client Name: City Of Miami 3) Project Name: Coral Way Net Office (Condensation Repair) 4) Project Number: B30385E.07 6) Project Value: $23,425.82 6) Achieved or Anticipated Final Acceptance after January 1. 2013 El Yes 0 No 7) Company Role: 0 Sub Contractor ® Prime Contractor 8) Agency: 13 Public Ci Private E1 Other: 9) Percentage of Self Performed Work with the Company's Trades: 45 10) Project Type: l 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 Richard Pope Telephone: 305.418,1285 Title Construction Manager Email Address: rpope@miamigov.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) N/A Job Order Contracting (JOC) for 139 RFP No, Horizontal and Vertical Construction. Services 8- 0 t HCI- IIARROUR CONSTRUCTION, INC, Scope of Work 7340 SW 48 Street Suite 102 Miami. FL 33155 Phone: 305.603.9944 Fax: 305.603.9437 Project: Coral Way Net Office (Condensation Repair) Contractor to furnish labor, equipment, materials and supervision required to correct condensation problem inside the NET Office building at referenced location. THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOG) for 140 RFP No. 18-19-001 Horizontal and Vertical Construction Services PROPOSAL FORM 1 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS EQUAL TO OR LESS THAN $60,000 1) Propaser's Name: Harbour Construction Inc 2) Agency/Client Name: City of Miami 3) Project Name: GSA Bathroom Renovation 4) Project Number: B173725.00 6) Project Value: $ I'1,027.09 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 0 Private 0 Other: 9) Percentage of Self Performed Work with the Company's Trades: 60 10) Project Type: ® Vertical Construction ❑ Horizontal 11) Attach a separate sheet describing the scope of work: GI 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 Nelso Garcia Title Project Manager Telephone: 786,999.6488 Email Address: negarcla2 a@miamigov.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) N/A Job Order Contracting (JOC) for 139 RFP No. 18-19-001 Horizontal and Vertical Construction Services hiCl HARBOUR CONSTRUCTION, INC Scope of Work 7340 SW 48 Street Suite 102 Miami, FL 33155 ' Phone: 305.603.9944 Fax 305.603.9437 Project: GSA Bathroom Renovation Contractor to_furnish all labor, equipment, materials, and supervision where required to complete renovation of restroom. Demolition, new framing, and drywall, epoxy flooring, painting, new plumbing fixtures. 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: Harbour Construction Inc 2) Agency/Client Name: City of Miami 3) Project Name: Curtis Park Playground 4) Project Number: B40482.00 6) Project Value: $135,774.10 6) Achieved or Anticipated Final Acceptance after January 1, 2013 l5 Yes 0 No 7) Company Role: 0 Sub Contractor ® Prime Contractor 8) Agency: tJ Public 0 Private ❑ Other: 9) Percentage of Self Performed Work with the Company's Trades: 40 % 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 Nelson Cuadras rills Construction Manager Telephone: 305.416,1254 Email Address: ncuadras@miamigov.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) N/A Job Order Contracting (JOC) for 141 RFP No. 18-19-001 Horizontal and Vertical Construction Services MCI to BARBOUR CONSTRUCIION, INC 7340 SW 48 Street Suite 102 Miami, FL 33155 Phone: 305.603.9944 Fax: 305.603.9437 Scope of Work Project: Curtis Park Playground Decontamination of Park. Provide and install new playground area including rubber surface, astro turf, etc. THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 142 RFP No. 1 Q-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: Harbour Construction Inc 2) Agency!Client Name; Jacob White Construction 3) Project Name: 8eliami Interldr Tenant Renovation 4) Project Number: 17-1-042 Bellami Miami FL Interior Reno 5) Project Value: $212,765.00 6) Achieved or Anticipated Final Acceptance after January 1, 2013 J I Yes 0 No 7) Company Role: bij Sub Contractor ❑ Prime Contractor 8) Agency: 0 Public © Private ❑ Other: 9) Percentage of Self Performed Work with the Company's Trades: 50 o/a 10) Project Type: ® Vertical Construction [j Horizontal 11) Attach a separate sheet describing the scope of work: 12 Yes 0 No 12) Client Reference far 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 Christopher White Title VP of Project Development Telephone: 281.286.6666 Email Address: c.white@jacobwhitecc.com 13) Description of Any Problems or Major Issues Encountered During the Project (1f Any) and What Was Done to Resolve: (Attach Additional Information as Necessary) N/A Job Order Contracting (JOC) for 141 RFP No. 18-19-001 Horizontal and Vertical Construction Services HCI IIARBOUR CONSTRUCTION, INC 7340 SW 48 Street Suite 102 Miami, FL 33155 Phone: 305.603.9944 Fax: 305.603.9437 Scope of Work Project: Bellami Interior Renovation Perform interior tenant renovation of Bellami Store ncluded: Framing and Drywall as per plan ncludes patchwork of all removed ceiling lights ncludes new bathroom drywall not depicted on plans ncludes blocking nterior Painting (Ceilings and walls) nterior flooring installation HVAC as per plans Electrical as per plan and as per field conditions Plumbing as per plan Includes concrete restoration from trenching Relocate (1) interior door/Re-use Hardware Lift equipment Supervision THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 142 RFP No. 18-19-001 Horizontal and Vertical Construotton Services PROPOSAL FORM 2 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS GREATER THAN $50,000 AND EQUAL TO OR LESS THAN $250,000 1) Proposer's Name: Harbour Construction Inc 2) Agency/Client Name: City of Miami 3) Project Name: Kennedy Park Rest000m (Temp Restroom) 4) Project Number: s35838.03 6) Project Value: $167,760.96 6) Achieved or Anticipated Final Acceptance after January 1, 2013 ® Yes 0 No 7) Company Role: ❑ Sub Contractor I Prime Contractor 8) Agency: ® Public 0 Private 0 Other: 9) Percentage of Self Performed Work with the Company's Trades: 30 % 10) Project Type: Ea Vertical Construction . 0 Horizontal 11) Attach a separate sheet describing the scope of work: Cid. 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 Nelson Cuadras Title Sr. Project Manager Telephone: 305.418.1254 Email Address: ncuadras@miamlgov.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) N/A Job Order Contracting (JOC) for 141 • RFP No. 18-19-001 Horizontal and Vertical Construction Services HO HARBOUR CONSTRUCTION, INC Scope of Work 7340 SW 48 Street Suite 102 Miami, FL 33155 Phone: 305.603.9944 Fax: 305.603.9437 Project: Kennedy Park. Restroom (Temporary Restroom) Provide and install 2 temporary Restroom for park use (1 of which is ADA). Includes permanent connections to water, sewer and electric plus site landscape restoration THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting(JOC) for 142 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: Harbour Construction Inc 2) Agency/Client Name: City of Miami 3) Project Name: Miami Police Department Exterior Striping 4) Project Number: B70110.01 5) Project Value: 6) Achieved or Anticipated Final Acceptance after January 1. 2013 M Yes 0 No 7) Company Role: ❑ Sub Contractor ® Prime Contractor 6) Agency: ® Public 0 Private 0 Other: 9) Percentage of Self Performed Work with the Company's Trades: 30 10) Project Type: ® Vertical Construction 0 Horizontal 11) Attach a separate sheet describing the scope of work: ® Yes ❑ No $132,014.16 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 Jose Oliveros Title Chief Project Manager Telephone: 305.416.1049 Email Address: jloliveros@miamigov.com 13) Description of Any Problems or Major issues Encountered During the Project (if Any) and What Was Done to Resolve: (Attach Additional Information es Necessary) N/A Job Order Contracting (JOC) for 141 RFP No.18-19-001 Horizontal and Vertical Construction Services HCI HARBOUR tOHSTRU(TIOH, II�G Scope of Work 7340 SW 48 Street Suite 102 Miami, FL 33155 Phone: 305.603.9944 Fax: 305,603.9437 Project: MPD Exterior Painting, Striping & Traffic Signs Replacement Contractor to furnish all labor, equipment and materials necessary to complete Miami Police Department exterior painting of main building, striping of parking area and replacing damaged traffic signs. THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 142 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 $260,000 1) Proposer's Name: Harbour Construction Inc 2) Agency/Client Name; Jackson Health System 3) Project Name: Rosie Wesley Pediatric Unit 4) Project Number: 075,56015024.00 6) Project Value: $ 212,783.07 6) Achieved or Anticipated Final Acceptance after January 1. 2013 ,® Yes 0 No 7) Company Role: 0 Sub Contractor (RI Prime Contractor 8) Agency: i Public 0 Private ❑ Other: 9) Percentage of Self Performed Work with the Company's Trades: 45 % 10) Project Type: fI Vertical Construction 0 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 Michael Trader Tltie Construction Manager Telephone: 305.585.7822 Email Address: michael.trader-con a©jhsmiami.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) N/A Job Order Contracting (JOC) for 141 RFP No. 18-19-001. Horizontal and Vertical Construction Services . vi§" HCIvoc— HARBOUR CONSTRUCTION, INC. Scope of Work 7340 SW 48 Street Suite 102 Miami, FL 33155 Phone: 305.603.9944 Fax: 305.603.9437 Project: Rosie Wesley Renovate existing document sto.rage area to pediatric assessment areas. Project includes, demolition (ICRA/Dust control), new framing and drywall, new mechanical services (HVAC, Electrical, Plumbing, Fire Alarm), new acoustic ceiling, new millwork, new interior finishes including but not limited to flooring, interior doors and hardware, painting, etc. THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 142 RFP No. 18-19-001 Horizontal and Vertical Construction Seivices PROPOSAL FORM 33 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS GREATER THAN $250,000 1) Proposer's Name: Harbour Construction Inc 2) Agency/Client Name: Jackson Health System 3) Project Name: Deering Suite 290 4) Project Number: 064.00 5) Project Value: 747,786.17 6) Achieved or Anticipated Final ACCogtapce after January 1, 2013 ® Yes 0 No 7) Company Role: 0 Sub Contractor 13i1 Prime Contractor 8) Agency: ® Public 0 Private 0 Other: 9) Percentage of Self Performed Work with the Company's Trades: 40 °lo 10) Project Type: ® 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 Mari Lopez Title Director Facilities Design and Const Telephone: 305.298.1998 Email Address: ma ri.lopezaihsmiami.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) Job Order Contracting (JOC) for 143 • RFP No. 18-19.001 Horizontal and Vertical Construction Services NR/ HC1 tzio- -.--- HARBOUR (ONSTRU(TIOH, Scope of Work 7340 SW 48 Street Suite 102 Iviiarni, FL 33155 Phone: 305.603.9944 Fax 305.603.9437 Project: Deering 290 Remodel existing offices to clinic services for Jackson Health System. Include all demolition, revised space floor plan. New mechanical service, new X-ray room, new interior finishes, including but not limited to flooring, millwork, painting ceilings etc. THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 144 RFP No: 18-19-001 Horizontal and Vertical Construction Services ?ROPOSAL FORM 3 COMPARABLE CONSTRUCTION EXPERIENCE PROJECTS GREATER THAN $250,000 1) Proposer's Name: Harbour Construction Inc 2) Agency/Client Name: Martin and Nancy Engels 3) Project Name: Engels Residence 4) Project Number: 5) Project Value: $422,722.50 6) Achieved or Anticipated Final Acceptance after January 1, 2013 CZ Yes 0 No 7) Company Role: 0 Sub Contractor ® Prime Contractor 8)_Agency: 0 Public J Private ❑ Other: 9) Percentage of Self Performed Work with the Company's Trades: 60 10) project Type: 0 Vertical Construction 0 Horizontal 11) Attach a separate sheet describing the scope of work: NI 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 Dan Nagel Title interior Designer Telephone: 305.986.5322 Email Address: . dndesignstudioinc@gmail.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) N/A Job Order Contracting (JOC) for 143 RFP No. 18-19-001 Horizontal and Vertical Construction Services '44e1 H l IfARBOUR (ONSTRU(TION, INC Scope of Work 7340 SW 48 Street Suite 102 Miami, FL 33155 Phnnc• qr rry QQAA Project: Engels Residence High end interior residential remodeling on Fisher Island. Total remodel including demolition, new framing and drywall, new mechanical services (HVAC, Electrical, Plumbing), new interior finishes including but not limited to interior doors, flooring, millwork,. wood casings, etc. THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOG) for 144 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: Harbour Construction Inc 2) Agency/Client Name; City Of Miami 3) Project Name: City Hail Roofing Repairs 4) Project Number: B70334.00 5) Project Value: $500,064.88 6) Achieved or Anticipated Final Acceptance after January 1, 2013 ® Yes 0 No 7) Company Role: 0 Sub Contractor F1 Prime Contractor 8) Agency: ® Public 0 Private CI Other: 9) Percentage of Self Performed Work with the Company's Trades: 10) Project Type: ® Vertical Construction 0 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 Nelson Cuadras Title Project Manager Telephone: 305.416.1254 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) Email Address: ncuadras@mlamigov.com N/A Job Order Contracting (JOC) for 143 RFP No. 18-19•001. Horizontal and Vertical Construction Services HARBOUR CONSTRUCTION, INC 7340 SW 48 Street Suite 102 Miami, FL 33155 Phone: 305.603.9944 Fax: 305.603.9437 Scope of Work Project: City Hall Re -Roofing & Miscellaneous. Remove existing PVC roofing system, insulation and associated components and install new TPO roofing system. Scope includes installation of new lighting protection system. Additional Interior door was performed by the client's request including, drywall, finishing and painting. Ceiling and flooring replacement. THIS PACE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 144 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: Harbour Construction Inc 2) Agency/Client Name City of Miami 3) Project Name: Miami Police Department 5th Floor Renovations 4) Project Number: B70113 6) Project Value: $633,763.57 6) Achieved or Anticipated Final Acceptance after January 1, 2013 ® Yes 0 No 7) Company Role: 0 Sub Contractor (21 Prime Contractor 8) Agency: ® Public 0 Private 0 Other: 9) Percentage of Self Performed Work with the Company's Trades: 60 10) Project Type: E1 Vertical Construction 0 Horizontal 11) Attach a separate sheet describing the scope of work: GA 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 Carlos Vasquez Title Project Manager Telephone: 305.416.1206 Email Address: cavasquez@miamigov.com 13) Description of Any Problems or Major issues Encountered During the Protect (If Any) and What Was Done to Resolve: (Attach Additional Information as Necessary) N/A Job Order Contracting (JOC) for 143 RFP No. 18-19-001 Horizontal and Vertical Construction Services fHCI HARBOUR CONSTRUCTION, INC, Scope of Work 7340 SW 48 Street Suite 102 Miami, FL, 33155 Phone: 305.603.9944 Fax: 305.603.9437 Project: Miami Police Department 5th Floor Renovation Interior Renovation of the 5th Floor to include, but not limited to: Replacing drop ceiling- Remove and replace ACT- Remove and replace sprinkler heads and reroute lines. Replace light fixtures. Replace Fire Alarm devices. Painting interior, replace AC diffusers. Test and balance AC systems based on drawings by RC&P dated 10-20-2016. THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 144 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: Harbour Construction Inc 2) Agency/Client Name: City of Miami 3) Project Name: Southside Park Playground 4) Project Number: B40622.01 5) Project Value: $463,014.96 6 Achieved or Anticipated Final Acceptance after January 1. 2013 M Yes ❑ No 7) Company Role: Q Sub Contractor ® Prime Contractor 8) Agency: [2] Public ❑ Private ❑ Other: 9) Percentage of Self Performed Work with the Company's Trades: 40 °!o 10) Project Type: (la Vertical Construction ❑ Horizontal 11) Attach a separate sheet describing the scope of work: [20 Yes ❑ No 12) Client Reference far 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 Nelson Cuadras Title Construction Manager Telephone: 305.416.1254 Email Address: ncuadras@miamigov.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) N/A Job Order Contracting (JOC) for 143 RFP No. 18-19-001 Horizontal and Vertical Construction Services MCI - #1ARUOUR (ONSTRU(TIOH, INC. Scope of Work 7340 SW 48 Street Suite 102 Miami, FL 33155 Phone: 305.603.9944 Fax: 305.603.9437 Project: Southside Park Playground Installation of owner provided playground equipment.. New playground installation, including concrete perimeter wall, aluminum fencing, new playground surfaces (Poured in place rubber surface), concrete sidewalks, landscaping, etc. Project also including the restoration for occupancy of the Park Office (Structural flooring repair(s), new flooring, bathroom remodel' to match historic look, lighting, etc) THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 144 REP No. 18-19-001 Horizontal and Vertical Construction Services PROPOSAL FORM 4, KEY PERSONNEL PROJECT MANAGER 1) Proposer's Name: Harbour Construction Inc 2) Project Manager's Name: Alexander Guy Lesseur 3) # of Years with the Firm: 12+ 4) Experience: ® Vertical Construction ® Horizontal 6) # of Years' Experience: 20+ 6) ATTACH RESUME [5a 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 Sandra Vega Title Associate AIA Sr. Project Manager Telephone: 305.416.1243 Email Address: svega@miamigov.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 Richard P pe Title Construction Manager Telephone; 305.416.1285 Email Address: rpope@miamigov.com 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 148 RFP No.18-19-001 Horizontal and Vertical Construction Services ALEXANDER LESSEUR 161 Crandon. Boulevard, #423 Ivey Biscayne , FL 33149 954-410-9331 gl@har.IZourc9nsttuction:cot PROFESSIONAL PROFILE Senior Project Manager With Single And Multifamily Development Expertise Accomplished Senior Project Manager with over 20 years of leadership experience managing, directing and delivering, complex award winning, single family, multifamily and commercial development projects throughout Florida; with responsibilides.ranging from project scoping, land acquisition, financing, permitting, design through construction oversight and turnover. Proven track record in providing "cradle to grave" project and construction management leadership in land acquisition, project design, budgeting, permitting, contract administration, scheduling, land development, underground utility installation, vertical construction and warranty oversight for multiple, residential communities rangingin size from 30 to 500 units and commercial renovations totaling over $10 million per year. Exceptional client relations and business management acumen. SPECIALIZED PROFESSIONAL EXPERTISE • Project Management • Design / Value Engineering • Project Closeouts o Construction Feasibility • Permitting / Entitlements • Materials Procurement • Budgeting /Financing • Scheduling • Warranty PROFESSIONAL EXPERIENCE Harbour Construction Inc. President, Miami, FL President of $15 million a year general contracting and construction management firm specializing in commercial renovations and residential development projects in the greater South Florida marketplace. JOC approved contractor with 8 years ofJOC vertical and horizontal project experience in the Miami, Miami Beach and the City of Miami markets, • Responsible for managing corporate operations, business development and construction management activities that include establishing business relationships, negotiating contracts, submittals, project design, project funding, construction scheduling, budgets, cost estimates, RFI's, maaterials procurement, contractor coordination, payment schedules, worksite safety and labor requirements. Currently, oversee a team of 4 project managers on a daily basis. 2007 - Current • Awarded three, $20 Million maximum limit JOC contracts with 5 year terms ($60 Million combined yearly maximum); developed client presentations, bid work, oversaw contract awards and managed construction activities on projects such as the $7 Million Collins Canal and Sea Wall Renovation, the $1.7 Million Miami Beach Botanical Gardens and a $300,000 Jackson Hospital Renovation project. • Led the development ofHigh-End (Single Family) Residential. Construction projects from initial project feasllbility studies through project design, permitting and construction; including all underground utilities installation and vertical construction. :Average project value $3 Million. Southern Homes, Inc,. 2005 - 2007 Director of Operations / Regional Neat Manager, Miami, FL Director of Operations responsible for managing all regional project management and operations in the South Florida marketplace. This included assuming responsibilities for multiple single and multi -family development projects that were in construction and/or distress; efficiently and within budgetary / marketplace constraints. Total value of all projects in region was approximately $25 Million ALEXANDER LESSELTR 161 Crandon Boulevard, #423 Ivey Biscayne , FL 33149 954-410-9331 gl(harboui consttuction,corn PROFESSIONAL EXPERIENCESCONT....) Southern Homes, Inc, Director Of Operations / .Regional Preyed Manager, Miami, PL • Responsible for managing a team of 20 personnel across all construction, customer service, sales and design center departments, which included a 5 member project management team spanning across communities ranging from Boynton Beach to Homestead, Florida. • Major projects in.cluded a 3 Subdivision (250+ unit) project at Vizcaya in Miramar, the mid -rise (195 unit) multifamily development at Boardwalk add the multifamily (240 unit) townhome and condominium project at The Village. • Created and enforced all budgetary parameters for development of projects, including overseeing the management of land development (installation, inspection and road construction) activities. This included utility conveyance and FPL electric design and installation. • Coordinatedthe construction of 8 model homes to meet community standards and design requirements. Worked directly with Sales Directors and Design Center Managers in implementing marketplace incentives, customer retention packages and overall customer satisfaction initiatives. • Handled all business affairs and responsibilities for the 2200 home community as the Board of Director (AVP) for Vizcaya's Master Planned CommunityAssociation. Additionally, represented Southern Homes as needed with the City of Miramar Building Department. Inwood Developments Inc. 2002 -2005 Pr ject Manager, Pompano Beach, PL 1996 -1999 Project Manager responsible for all Iand acquisition and construction management activities related to the development and redevelopment of waterfront and townhome / condominium communities; including Las Olsas, Palm -Aire, Fairview Pointe in. Pompano Beach, and Cinnamon Crossings in Coral Springs. Approximately 400 total units. • Developed relationships with property owners, real estate agents, governmental agencies in the prospecting of acquisitions through MLS searches, parcel records and other outside lead management sources. • Managed all permitting, budgeting, scheduling, design engineering, sub -contractor coordination for vertical and horizontal construction; including the installation of underground utilities, roadways, water services and modification of drainage and sewage systems to meet community demands. Directed over 40 personnel on multiple sites. • Identified and negotiated the purchase of 350ft. of water front property for the development of Las Olas, a nmid- rise two tower luxury residential condominium project, as well as, spearheaded the process to recapture an additional 1,750 Sq. ft. of land for Right -of --Way vacation access. Total purchase price $5 Million. • Identified ana negotiated with the City Of Pompano Beach the purchase of 4 acres in Palm -Aire for the development of a.39 unit condominium project through the identification of surplus units under the Master Plan Development Agreement. Total purchase price $2 Million. • Prepared and submitted permit applications for governmental approval and implemented Microsoft Project Scheduling Templates for both projects. • Headed the Environmental:Mittitggation"2 eam that negotiated a $500,000 penalty assessment to $40,000;.tepresented organization in negotiations with governmental agencies and appeared before Board of Rules & Appeals. • Established the property management division for newly acquired rental properties. ALEXANDER LESSEUR 161 Crandon Boulevard, #423 Ivey Biscayne , FL 33149 954-410-9331 gl@harbourconsttuction.com harbourcousttuction.com PROFESSIONAL EXPERIENCE CONT.... A.ivida, Inc. (St. Joe Company) Co rstr<rctionManager, IVeston, FL Construction Manager responsiblefor the construction of over 50 single family homes per year from the ground up throughdosing for the Savannah residential community in Weston, Florida. • Managed all onsite construction activities; contract administration, submittals, RFI's, inspections, design engineering, sub -contractors, scheduling, closings and turn-overs to the warranty department upon occupancy. Appointed to the "Customer Fist Task Team" to develop ideas to ensure customer satisfaction; awarded the "Quality Inspection" and "Cycle Time Designations" by meeting stringent quality and efficiency quallificadons set by the company. 1999 — 2002 • Appointed by the corporate Vice President to oversee the design and construction of the corporate sales office. LICENSES / CERTIFICATIONS Florida General Contractors License #CGC060330 Florida Underground Utility License CUC1225311 Florida Real Estate Broker's License #13K3091826 Leadership In Energy And Environmental Design Certification (LEED AP) OSHA I Iazwoper 40 Hour Certification Alt licenses and certifications ,issued are active and current EDUCATION ttrr Florida International University. Miami, FL Bachelors of Science: Civil Engineering Skills e Microsoft Office (Word, Excel, PowerPoint) Primavera Scheduling e Microsoft Project e Bilingual — English & Spanish REFERENCES Provided Upon Request PROPOSAL FORM 5 KEY PERSONNEL GENERAL FIELD SUPERINTENDENT 1) Proposer's Name: Harbour Construction Inc 2) Superintendent's Name: John Bums 3) # of Years with the Firm: 6 4) Experience: [RJ Vertical Construction M Horizontal 5) # of Years' Experience: 25+ 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 Richard Pope Title Construction Manager Telephone: 305.416.1285 Email Address: rpope@miamigov.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 Scott Cosgrove Title Owner Telephone: 305.968.6608 Email Address: Scosgrovegeoncosclrove.com Job Order Contracting (JOC) for 147 RFP No.16-19-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JQC) for 148 RFP No.18-19-001 Horizontal and Vertical Construction Services JOHN BURNS 25680 SW 85ni LN, MIAMI, FL333.93, 3o5-586-5816,jburns@harbourconstruction.com EDUCATION 1988 Sunset High School, Mlami,Florlda High School Diploma OBJECTIVE Seeking a position in the construction industry with promotional and advancement opportunities. SK ILLS PROFILE zo years' experience as a Construction Superintendent/Foreman Professionally performing and managing physical tasks including but not limited to managed building construction protects, performed expert carpentry, demolition jobs, mastered use of various powertools/heavyequipment Excellent experience in preparing estimates for numerous residential/commercial projects, Initial customer contact and proposals, managed the daily operations of commercial/residential projects through completion Mastery of customer relations and logisticsrnanagement EMPLOYMENT HIS TORY Harbour Construction, Inc. Superintendent 6/a/zois—present Miami, Florida Overseeing the development and construction of commercial buildings and public structures such as roads, sidewalks and marinas. - Administer construction phase of projects and coordinate work schedules - Correspond with sub -contractors and vendors. - Monitor construction activities and improvised project safety. JD Construction Consultant Miami, Florida - Consulted on projects Including demolition, excavations, digging trenches, erecting scaffolding - Managed large scale removal of pre and post constructiondebris Hoffman-Billskoog Construction Superintendent Miaml, Florida Supervised multiple projects daily until completion Scheduled multiple sub -contractors Met with cilentsto give updates and manage daily operations and/or changes 10/1/2015-6/1/zo15 3f1/zoa4-1o/1/zo14 ATF Concrete Site Carpenter Foreman/Supervisor a/1/2oa3-11/1/aoa.3 Miami, Florida - Managed daily commercial protects until completion - Managed all stnrctural and layouts • Coordinated and scheduled all sub-corktractors on a daily basis Mahoney Construction Slte Foreman/Management Miami, Florida - Managed daily residential/commercialprojects until completion - Supervisedandassistedcrewsofuptoaoworkersincludingcarpenters,drywallcrewsandlaborers - Developed proposals and estimated projectcosts - Review architectural plans and Implemented.constructtongoals 2001— 2010- LCI Construction General Site Carpenter Miami, Florida • Prepared layouts as perplans - Interpreted architectural plans in orderto meet construction requirements - Coordinated mass cutting of material as per project needs including structural work - Mastery of numerous power tools and heavy operated equipment LICENSES/CERTIFICATIONS OSHA 3o HOUR CONSTRUCTION SAFETY AND HEALTH CERTIFICATION. 1996^xool ARBOUR CONSTRUCTION, INC, 4. Management Team Organizational Chart yr HCI HARBOUR CONSTRUCTION, INC Proposer's Staffing Plan The success of any project relies an efficient and dedicated management and administration team. At Harbour Construction Inc, all contracts require the coordinated efforts of a variety of our personnel team. Some of these key personnel include the Project Manager, Superintendent, Office Administrators and Field Personnel. This CMP delineates the roles and responsibilities of these team members and describes their interaction on key contract administration duties. Primary JOC Team: Guy Lesseur: Project Manager: Will be responsible for managing overall JOC contract, client relations, attend projects meetings, oversee construction progress and performance. Clyde Jewett: Estimator: Preparation of JOC Proposals. John Burns: Superintendent: Will be responsible for managing the construction site as well as work force. Quality control. Project expediency. Marisel Othon-Riva: Will be responsible for permitting, APIAR, project manager assistant, project close-out, etc. Back -Up JOC Team: At any given point depending on volume of work, the personnel below are the first in line to jump in and support the JOC team. In addition thereto, Harbour Construction has the ability to tap to other internal resources for assistance. The primary and support team have proven to successfully handle large volumes of work under the JOC program. William Perez: Superintendent: Will be responsible for managing the construction site as well as workforce. Quality control. Project expediency. Marjorie Perez: Administrative assistant. Eastern Insurance Group April 10, 2019 Harbour Construction, Inc. 7340 SW 48 Street, Unit 102 Miami, FL 33155 RE: Experience Modification Rate Harbour Construction, Inc. Policy No. WFL-5045492-00 To Whom It May Concern, The experience modification rates for Harbor Construction, Inc. for the past three years are below. • Rating Effective Date Experience Mod Rate 01/06/2016 0.76 01/06/2017 0.74 01/06/2018 0.77 Should you have any questions, do not hesitate in contacting our office at (305) 595-3323, David M. Lopez Principal 9570 SW 107 Avenue Suite 104 Miami, Florida 33176 305 595-3323 fax 305 595.7135 • (Livid @ensterninsuratice,net THE SECTION 3 ECONOMIC OPPORTUNITY PLAN Harbour Construction, Inc. Leyla De La Espriella/Alexander Lesseur BID Number 18-19-001 JOC for Horizontal & Vertical Construction Services 1. The individual person responsible for planning, implementing and tracking the projects' Section 3 training and employment goals will be Leyte De La Espriella, Vice President of Harbour Construction, Inc. (hereafter referred to as "Contractor". Mrs. De La Espriella has prior experience in this area and has offered her knowledge in Section 3 for over ten years to the Contractor. She has administered David Bacon projects as well with focus on hiring low income person(s). She will obtain all pertinent information to become thoroughly familiar and ensure contract compliance with the HUD Section 3 Regulation. She Is qualified to administer the contractor's Section 3 Economic Opportunity Plan. 2. The employment goal is pursuant to RFP No. 18-19-001 requirements, specifically items 16,17 and 18, located on pages 18,19 and 20. Therefore, the Contractor will take the following steps to recruit, solicit, encourage, facilitate and hire public housing and other low-income persons, in the event any vacancies occur throughout the duration of the project. The steps are as follows: schedule a time and place for public housing residents to complete job applications; develop a list of "pre -qualified" Section 3 public housing and other low-income residents who could fill job vacancies that may later become available; advertise in local community newspapers and on job sites for workers who meet the definition of a Section 3 resident including the Contractor's website. Contractor will establish_ files to record and retain written documentation of all training and employment outreach efforts and resources from agency representatives and job applicants. 3. Contractor will take all feasible measures to recruit, solicit, encourage, facilitate, and select qualified Section 3 business subcontracting firms to perform at least 10% of the project award amount (contract sum) for each City of Miami project for which Contractor is the successful bidder. Contractor will request the organizations, listed below, to provide lists of firms, organized by trade category, which can perform required project work: a) Contractor's Resource Center, b) Small Business Administration and c) Minority Business Development Center. Contractor understands that, in addition to awarding work to qualified Section 3 businesses, it is our responsibility to: a) use the contractor's or firms solicitation letter to advertise to the "greatest extent feasible" to all firms on lists provided to us by the CITY OF MIAMI and other organizations about the type of work needed to complete each CITY OF MIAMI project; b) advise firms of Contractor's obligation to seek and award work to qualified Section 3 businesses, where feasible; c) explain how to qualify as a Section 3 business in order to be eligible to receive a preference from Contractor when subcontractor work is to be awarded and d) provide Section 3 certified firms that are qualified to perform work with an opportunity to submit price quotations for CITY OF MIAMI project work, and where financially feasible, hire such firms as subcontractors. Contractor will document outreach to find eligible Section 3 subcontracting firms by recording and retaining written documentation of efforts and responses received fromorganizations and subcontractors who are contacted. h. Contractor will make every effort to structure project activities to increase opportunities for Section 3 businesses. This will be accomplished by sub -dividing the work into smaller amounts, or by using multiple ffrms to complete similar types of work and hiring Section 3 firms to .erform the work. Submitted b Name Submission Date: Section 4 — SCHEDULE OF PRICES SCHEDULE OF PRICES (Page 1 of 11) Submitted: May 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 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 E3id 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: 1849.001 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 failsto 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 4 of 11) VERTICAL CONSTRUCTION SERVICES Adjustment Factor for Vertical Construction performed during Normal Construction Working Hours: 1 0 0 0 0 (Specify to four decimal places) Written Amount Adjustment Factor for Vertical Construction performed during Other Than Normal Construction Working Hours: 1 . 0 0 0 0 (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 Factorfor Normal Construction Working Hours 1.0000 Line 2. Multiply Line 1 by 0.80 0.80 Line 3. Adjustment Factor for Other than Normal Construction Working Hours1.0000 Line 4. Multiply Line 3 by 0.20 0.20 Line S. Summation of lines 2 and 4 1.0000 (Award Criteria Figure) Write in numbers and words the Award Criteria Figure In the spaces below. 1 . 0 0 0 0 (Specify to four decimal places) One Point Zero Zero Zero Zero 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) DIRECTT.IO Sa-. . i TE [:OR:B:RLIAiC EELMELII S. ;i Nil ISiL 1 ...: Part I: Listed below are the dates of issue rr ra ch Addendum received in connection with this RFP: Addendum No. 1, Dated a 1A �"1 Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part 1I: No addendum was received 1n connection with this RFP. Part III: 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 aitu ;trui ADDEkDUMN May 17, 2019 REQUEST FOR PROPOSAL ("RFP"): 18-19-001 JOEI ORDER C NTRik'CTING ('JOC) F IR HOR!ZC)NT L ; ND VERTICAL c+ NSTRUCTION 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: "aRE 4OQ g00 er horizontal contfaets," 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? Al: 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 thevertical 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 less 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 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 $126,000 for vertical contracts and $126,000 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. Bici 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. 011. Is the respondent required to account for the Miami -Dade heavy wages per the RFP in our Adjustment Factor? A11: Yes. Q12. Will 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). 014. 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 3 Addendum 1 Vertical Construction Services RFP No•:18-199-001 private construction sectorforthe same thirty years. Additionally, our staff (superintendents, qualifiers, and project managers) have successfully completed over $30 Million of "JQC" contracts in past 12 years and presently hold a SourceWell IQCC contract in the State of Florida. Finally, we have secured over $50 Million in bonding capacity to provide you with the insurance that we can and will complete all projects assigned to us. Our license holders (GC and UG) both have well over 5 years of business and technical experience requested. Therefore, my question is, "Can the 5 years' experience of the qualifiers, be considered as or in leu of the 5 years' experience under the business name." A19: The minimum requirements must be met by the Proposer, and not by staff members. Q20. CES has been providing construction services since 2006 (for 13 years) under Certified General Contractor License No. 1512966. From 2006-2018, it did so as CES Consultants Inc., and beginning in 2018,.as CES Construction, LLC. Please confirm that CES, with a term of experience in excess of the required five (5) years, will be considered to have met the 5-year experience requirement by the RFP despite the name change. A20: The minimum requirements must be met by the Proposer. Q21. Please confirm the firm may include relevant experience and references from proposed staff members to satisfy the experience requirement of six (6) separate projects within the past three (3) years. A21: Please refer to A19, above. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO, Director City of Miami Department of Procurement Job Order Contracting ("JOC") for Horizontal and 5 Addendum 1 Vertical Construction Services RFP No.: 18-19-001 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 of this certification is a pre -requisite for making or entering into this transaction Imposed by Section 1352, Title 31, U.S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of no Tess than $10,000, but not more than $100,000 for each such failure. Job Order Contracting (JOG) for 106 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 faise 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 N1o. 18-19-001 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 ail 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 Contacting (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 [)Q, 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 Contract. for the sum of for Dollars ($ ) 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: arb r nstr ction Signature: Printed Name/Title eyta De La Espriella, VP City/State/Zip: 7 0 SW 48 St, Suite 102, Miami, FL 33155 Telephone No.: 305.603.9944 Facsimile No.: 305.603.9437 E-Mail Address: LdeLae@harbourconstruction.com Social Security No. or Federal Dun and I.D. No.: 38-3686455 Bradstreet No.: 145587783 (If applicable) If a partnership, names and addresses of partners: N/A. Job Order Contracting (JOC) for 109 RFP No. 18-19-001 Horizontal and Vertical Construction Services 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 Harbour Construction Inc , a corporation organized and existing under the laws of the State of Florida , held on the 4th day of August , 2003 , a resolution was duly passed and adopted authorizing (Name) Leyla De La Espriella as (Title) Secretary 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. 1N W Secretary: Print: Leyla De L NE S Wt7i EO, 1hx+e hereunto set my hand this 2nd, day of May , 2019 , sprielTa CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) 1 HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the day of , a resolution was duly passed and adopted authorizing (Name) as (Title) of the to execute bids on behalf of the partnership and provides that his/her execution thereof, attested by a partner, shall be the official act and deed of the partnership, l further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand this , day of , 20. Partner: Print: CERTIFICATE OF AUTHORITY IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Bid is authorized to sign Bid documents on behalf of the joint venture, If there is no joint venture agreement, each member of the joint venture must sign the Bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) HEREBY CERTIFY that, I (Name) , Individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Bid to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Signed: Print: Job Order Contracting (JOC) for 110 RFP No. 18-19.001 Horizontal and Vertical Construction Services SCHEDULE OF PRICES: (Page 11 of 11) NOTARIZATION STATE OF Florida SS: COUNTY OF Miami -Dade The foregoing instrument was acknowieged-before-'me-thi nd day of May , 20 19 , by Leyla De La Espriella , who • ersonaily known to' _,or who' has produced as identification and who (did / (did not) take an oath. T '' OF NO P LIC TE OF FLORIDA Wyk \ — i`-)cm PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC MARISGI_ A C}THON-RlVA MY COMMISSION it GG090665 c EXPIRES May 13, 2021 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 State ofFlorida County of Miami -Dade city Of Miami KNOWN ALL PERSONS BYTHESE PRESENTS, that Harbour Construction, Inc. Phil odalphialndw0ndVInsurance Compeny as as are held and firmly bound unto The City ofMiami, |Dthe penal sum ofOne Hu"re«Twenty p*oZhoyusan DoUo[o ($ 125.000.00 )lawful money ofthe United States, for the payment of which sum well and buk/ to be made, we bind ourowlvoe, our hei[o, executors, aUh`nistnnbano and nunneaoom. jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is SUCH, that whereas the Principal has submitted the accompanying Bid, dated 22nd Day of May 'nn1g,for: JOB ORDER CONTRACTING FOR HORIZONTAL AND VERTICAL CONSTRUCTION SERVICES, RFP No. 18-19-001 NOW THEREFORE: (a) If the principalshall not withdraw said Bid within one hundred eighty (18O)days after date of opening the oeme, and ahnU within ten (10) days after the prescribed forms are presented to him for e|gnoLunm' 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 and proper fulfillment ufsuch oPntrm:t;-or, /b> |Dthe event ifthe withdrawal of said Bid within the pdhodspecified, Vrthe failure toenter into such contract and give such bond- within theUnOespecified, ifthe principal shall pay the City the diffa,onoe between the. amount specified insaid Bid and the amount for which the City may procure the required Work and aVpo||es^ifthe latter amount ba|nexcess of the former, then the above obligation shall be void and of no effect, otherwise to remain In full force and virtue. Job order 118 RFPNo. 184U�01 Horizontal and Vorliom|ConetrucUonServices , � 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 , 20 19, 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 C rporation, Secretary onIyiIII sftst pd aff seal Pam S. Higgin o ness PRINCIPAL: Harbour Construction, Inc. (Name of Firm) Affix Seal (Signature f Authorized Officer) (Title) 7340 SW 48 Street, Unit 102 (E3usiness Address) Miami FL 33155 City State Zip Surety: Philadelphia Indemnity Insurance Company (Corporate Surety) Sel • .:;• :Floild a Licens-e E018024 esirow Ins r n e Services, Inc. 353 North Clark Street Chic City (Business Address) 60654 e 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. the Corporation named lacib lobn as , certify that I am the Secretary of 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 andlin behalf of said corporation by authority of its governing body. orporate Seal) STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) SS CITY OF MIAMI ) Before me, a Notary Public duly commissioned, and qualified, personally appeared John P, Harney to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney -in -fact, for the Philadelphia Indemnity Insurance Company and that he/she has been authorized by Philadelphia Indemnity 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 INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance With Instructions for -Submission Job Order Contracting (JOC) for 115 Horizontal and Vertical Construction Services 22nd clay of May ,2019- tary ub Sta r- of Florida at Large My Commission Expires: April 15, 2021 NOTARY PUBLIC STATE Of FLORIDA EMILY GOLECKI COMMISSION 8 GG889S8 EXPIRES AptII 15, 2021 BONDEOTHR000H RUINSURANLE COMPANY RFP No, 18-19-001 1269 PIIILADELPIIIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-09S0 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Jacquelyn M. Norstrom, Josefina Rojo, Douglas M. schmude, John P. Harney, Beatriz Polito and Pamela S. Higginbotham of MESIROW INSURANCE SERVICES, INC,, Its true and lawful Attorney -In -fact with full authority to execute on Its behalf bonds, undertakings, recognizances and other contracts of Indemnity and writings obligatory In the nature thereof, issued in the course of Its business and to bind the Company thereby, In an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by faaahnile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY an the 1,1A ofNovember, 2016. RESOLVED; That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorneys) in Fact and authorize the Attoniey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER ' RESOLVED; That the signatures of such officers and the seal of the Company may be affixed to any such Power of -Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding, upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY' HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27Tn DAY OF OCTOBER, 2017. (Seal) Robert D. O'Leary Ir., President & CEO Philadelphia Indemnity Insurance Company On this 271i day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by the duly swum said that he is the therein described. and authorized officer of the PHILADELPHIA. INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. So,m,ONWr5 LTN Or oONNsvmunA NOTARW.SEAL Abrgen NnnOo. Nutau OINn LoworMmiEnr o-1bnlsunwyCCUMy LlyCana'suonBOCnas Sfp.2s.zozi ran �L3T$r (Notary Seal) Notary Public: residing at: Bala Cynwyd PA My commission expires: S, gptember 25.2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 271i day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert.D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PIIILADELPIIIA INDEMNITY INSURANCE COMPANY. f�,/J In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this r!�/ dajr.of • . 26' N . Edward Sayago, Corporate Secretary -^- PHILADELPHIA INDEMNITY INSURANCE COMPANY 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 (Paoe 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). Thls 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 General Contractor (CGC 060330) 1/7/1999 LEED Accredited Professional 6/9/2008 CUC 1225311 4/20/2016 (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: 8/4/2003 c. Qualified Business License:VesO No If Yes, Date issued: 2003 d. What is the Proposers primary business? GC: Framing, Drywall, Mechanical, Municipal Bldg Renovation Etc (This answer should be specific. For example; paving, drainage, schools, interior renovations, etc) e. Name of Qualifier, license number, and relationship to the Proposer: Alexander G. Lesseur, CGC060330, Qualifier and Director 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:. Daniel Villanueva CGC1509323, Qualifier and Project Manager 2. Name and Licenses of any prior companies: Name of Company License No. Issuance Date N/A Job Order Contracting (JOC) for 117 RFP No. 18-19-001 Horizontal and Vertical Construction Services QUESTIONNAIRE (Page 2 of 5) 3. Type of Business Entity: ❑Corporation l "S" Corporation ❑LLC❑Sole Proprietorship DOther: (Corporations will be required to provide a copy of their corporate resolution prior to executing a contract) 4. Business Entity Ownership a. Identify all owners of the Business Entity: Name Title % of ownership Ronald Tobin President 90 Alexander G. Lesseur Director 10 Leyla De La Espriella • Vicepresident 0 b. Is any owner identified above, an owner in another company? XCJ Yes Q No If yes, identify the name of the owner, other company names, and % ownership for each. Alexander G. Lesseur, Greenllght Construction Inc, 100% G. 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 Ronald Tobin President Alexander G. Lesseur Director Leyla De La Espriella Vicepresident All Cost No -Cost Other ® ❑ ❑ 0 ® ❑ ❑ 0 a 0 ❑ 0 Explanation for Other: • (Note: "Ail" 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: 25 Number of Managerial/Admin. Employees: 5 Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) Framing/Drywall/Painting- 8 Concrete-3 Carpentry-4 Plumbing-3 Job Order. Contracting (JOC) for 118 RFP No. 18-19-001 Horizontal and Vertical Construction Services QUESTIONNAIRE (Page 3 of 5) General Labor- 2 How many employees are working. under H2B visas?. None 6. Has any owner or employee of the Proposer been convicted of a federal offense or moral turpitude? If yes, please explain: No 7. Insurance and Bond Information a. Insurance Carrier name and address; Suite 104, Miami, FL 33176 Eastern Insurance Group 9570 SIN 107th Ave b. Insurance Contact Name, telephone, and e-mail: David Lopez 305.595.3323 david@easterninsurance.net c. Insurance Experience Modification Rating (EMR): 0.80 (If no EMR rating please explain why) d. Number of insurance claims paid out by Proposer in last five (5) .years and value: 1 claim (Project completed over 10 years ago) Settlement amount covered by confidentiality Agreement e. Bond Carrier name and address: Philadelphia Indemnity Insurance Company One Bala Plaza East, Suite 100, Bala Cnywyd, PA 19004-0950 f. Bond Carrier contact name, telephone, and e-mail: Jacquelyn Norstrom, 312.595.6976 jnorstrom@alliant.com g. Number of Bond Claims paid out by Proposer in last five (5) years and value: None 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. Yes- Settlement agreement was made. Year basis: 2610 and value fs covered by confidentiality agreement. Job Order Contracting (JOG) 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 investigation by any taw enforcement agency or public entity? If yes, provide details: No 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 andan 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 listing. all of the equipment, with a value of $5,000 or greater, owned by the Proposer. N/A B. Project Management and Subcontract Details 1. Project Manager for this Project: a. Name: Alexander G. Lesseur b. Years Employed by Proposer: 12 c. Licenses/Certifications: Civil Engineering, General Contractor, Underground Utility Contractor, LEED AP d. Last three (3) projects with the Proposer including role, scope of work, and value of project: JMG Doral Medical Center D103, GC, 2561 sq ft new medical practice build out from existing shell, $ 722,924.31 Shushop, GC, Retail buildout, demolition, new electric, plumbing, HVAC, framing, drywall interior finishes, $ 290,000.00 Civic Tower Improvements, GC, labor and materials for exterior improvements, $512,112.50 2. Subcontractors: Name Trade % of Work License No. Certification* High Power Electric Electrical 15% EC13006261 SBE/MD Comfort Tech Air Con HVAC 10% CAC057324 SBE/MD OJ Painting & Waterproofing Painting/Finishes 5% SBE/MD Best Roofing Services Roofing 10% CCC1329779 Premiere Plumbing Inc Plumbing 10% CFC1429582 (*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. C„ UESTIQNNAIRE (Page S of 6) 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,andother similar non -construction work items). 30% C. Current and Prior Experience ** More Protects Available Upon Request*` 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 Questionnairelisting 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 REP No. 18-1.9-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 122 RFP No. 18-19-001 Horizontal and Vertical Construction Services SUPPLEMENT TO SCHEDULE OF PRICES: CUSTOMER REFERENCE LISTING Pa e 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 Baron Design Studio Address 4040 NE 2nd Ave # 405, Miami, FL 33137 Contact Person/Contract Amount Lucia Walker / $ 415,000.00 Telephone No. /Fax No. 2). Company Name Address 305.573.5828 AECOM 800 S. Douglas Rd, Nort Tower,2nd ft Coral Gables, FL 33134 Michael Trader / $ 1,06.8,000.00 Contact Person/Contract AmOunt Telephone No. /Fax No. 3) Company Name Address 404.536.7749 Tishman Speyer Rockefeller Plaza Contact Person/Contract Amount Jessica Samo / +/- $700,000.00 Telephone No. /Fax No. 4) Company Name Adcfress 212:715,0300 City of Miami / Fire Department 444 SW 2nd Ave, # 10 Miami, FL 33130 Contact Person/Contract Amount Troy Sutton / +- $300,000,00 954,557,3473 Telephone No. /Fax No. 5) Company Name Prime Group Management Address 806 S. Douglas Rd, South Tower, Suite 400, Cotal.Gables, FL 33134 Contact Peeson/Contract Amount Rick Pena / +- 2,600,000.00 Telephone No. /Fax No. 305.281,7383 Job Order Contracting (JOC) for 123 'RFP No. 18-19-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 124 RFP No. 18-19-001 Horizontal and Vertical Construction Services i ARBOUR CONSTRUCTION, INC C 1. Current and Prior Experience (Harbour Construction) 1) Status DAwarded Under Construction 2) Owner's Name Jackson Health System 3) Title ❑ Pending Award JMG Doral Medica Center D103 4) Value of Project $722z924.31 5) Scope of Work 2561 Sq Ft New Medical practice build out of a new existing shell. New underground services, slab, HVAC systems, partitions, plumbing system and fixtures, new electrical system and fixtures, fire alarm and sprinkler systems security systems, ceilings and millwork. 6) Projected or Actual Start Date 8/27/2018 7) Projected Completion Date 6/1/2019 8) Company Trades Personnel: HVAC: 11, Plumbing: 5, Electrical: 4, Framing/Drywall/Finish: 12 Paint: 6 IT (1761 HARBOUR CONSTRUCTION, INC. C 1. Current and Prior Experience (Harbour Construction) 1) Status 2) Owner's Name 3) Title 4) Value of Project 5) Scope of Work ®Awarded ❑ Under Construction City Of Miami ❑ Pending Award Dinner Key Marina Launcing Ramp -Regatta Park $726,249.88 Furnish Labor, equipment and material and supervision necessary to install a new Boat Hoist, Dinghy Launching Ramp, concrete platform, ADA access ramp and a new floating Dock System. 6) Projected or Actual Start Date 6/10/2019 7) Projected Completion Date 10/1/2019 8) Company Trades Personnel: Marine Contractor.(), Electrical (4), Landscaping (5) Concrete (4) 0 HCI HARBOUR CONSTRUCTION, INC. C 1. Current and Prior Experience (Harbour Construction) 1) Status 2) Owner's Name 3) Title 4) Value of Project 5) Scope of Work Awarded ❑ Under Construction Jackson Health Systems DTC OR Wall Protection $182,386.89 ❑. Pending Award Remove all Items on the wall (to be relnstalled),repair any existing drywall damage to obtain and solid flat surface, prime existing walls. Furnish and install Acrovyn sheet wall protection Including trim. 6) Projected or Actual Start Date 6/7/2019 7) Projected Completion Date 8/20/2019 8) Company Trades Personnel: Demolition (2) Finishes (31Painting (3) Electrical (2) HCI - HARBOUR (ONSTRII(TION, C 1. Current and Prior Experience (Harbour Construction) 1) Status 2) Owner's Name 3) Title 4) Value of Project 5) Scope of Work IN Awarded Ej Under Construction City of Miami [] Pending Award Miami Marine Stadium Mangroves $148,391.00 Miami Marine Stadium Mangrove Restoration, including new rip -rap shoreline 6) Projected or Actual Start Date 7/1/2019 7) Projected Completion Date 8/15/2019 8) Company Trades Personnel: Marine Contractor (5), Landscaping (3) HARBOUR CONSTRUCTION, INC C 1. Current and Prior Experience (Harbour Construction) 1) Status 2) Owner's Name 3) Title 4) Value of Project 5) Scope of Work ❑Awarded ® Under Construction City of Miami E Pending Award PBA Fern Isle Park Redevelopment- Kayak/Launch/Rip Rap/Landscaping $563,682.60 Furnish labor, equipment and materials to install a new Kayak launch ramp on the east end of the shoreline,create approx 485 feet rip -rap revetment, and plant landscaping along/ between rip -rap. 6) Projected or Actual Start Date , 4/30/2018 7) Projected Completion Date 6/10/2019 8) Company Trades Personnel: Marine Contractor. (6), Landscaping (4) HARBOUR CONSTRU(TION, C 2. Current and Prior Experience (Harbour Construction) 1) Owner Name and Address: City of rllaml1 444 SW 2nd Ave, 8th FI, Miami, FL 33130 2) Contract Pei -son:* 3) Contact Person: Phone: Email: 4) Title of Project 5) Location Of Project: 6) Scope:. 7) Initial Value: 8) Final Cost: $500,064.88 9) Projected Completion Time Frame: 4 Months 10) Final Completion Time Frame: 6 Months .11) Number of Company Trades Personnel: Rooflng (12), Electrical (7),-PaInting (6), Railings (4) y of Miami Jose Caldelra (305) 416-1290 icaldeira@miamigov.com 3500 Panamerlcan Drlve Mlathi, FL 33133 Remove existing PVC rooflng system, insulation and associated components and install new TPO roofing system. Scope Includes Installation of new lighting protection system $464,647,00 12) Delivery Method: ' Prime Contractor 13) Comments: A chance order was Issued for additional work as requested by client. HCI HARBOUR CONSTRU(TION, INC. C 2. Current and Prior Experience (Harbour Construction) 1) Owner Name and Address: Martin and Nancy Engels, 8034 Fisher Island Driye,'FIsher Island, FL 33109 Contract Person: Dan Nagel 3) Contact PersOn; Phone; Email: 4) Title of Project; 5) Location of Project: 6) Scope: Dan'Nagel 305.986,5322 Dndesignstudioinc@gmall.com Mr. & Mrs. Engels Residence 8034. Fisher Island Drlve, 'Fisher Island, FL 33109 Interior Remodeling: Demolition. drywall and metal framing plumbing., electrical,mechanical, flooring and cabinets. 7) Initial Value: $368,940.00 8) Final Cost: $422,72 0 9) Projected Completion Time Frame; 4 Months 10) Final Completion Time Frame: 4 Months 11) Number of Company Trades Personnel: GC (10), Electrical (4), HVAC (6), Plumbing (4), Framing and Drywall (5) 12) Delivery Method:* Prime Contractor 13) Comments: A change order was issued for additional work as requested by client, 11ARAOUR CONSTRUCTION, INC. C 2. Current and Prior Experience (Harbour Construction) 1) Owner Name and Address: . Shushop, 2395 NW 21stTerr, Miami, FL 2) Contract Person: Adolfo Perea 3) Contact Person: Phone: Email: 4) Title of Project: 5) Location of Project: 6) Scope: Adolfo Perea 305.753.2419 adolfo.perea@gmail.com Shushop Retail Bulidout Retail bulidout: Includes demolition, new electric, plumbing, HVAC, Framing and drywall, Interior finishes, Installed Flooring, painting FF&E package, storefront etc 7) Initial Value: $290,000.00 8) Final Cost: $290,000,00 9) Projected Completion Time Frame:. 2 Months 10) Final Completion Time Frame: 2 Months 11) Number of Company Trades Personnel: Electrical (4), HVAC (4), Paint (3), Flooring (3), Millwork (3), LV (2) Framing & Drywall (4), Demolition (5) 12) Delivery Method: Prime Contractor 13) Comments: A change order was Issued for additional work as requested by alga, f HHC NARBOUR CONSTRUCTION, Ik(. C 2. Current and Prior Experience (Harbour Construction) I) Owner Name and Address: City of Miami, 444 SW 2nd Ave, 8th FI, Mlaml, FL 33130 . 2) Contract Person: City of Miami 3) Contact Person: Phone: Email: 4) Title of Project: 5) Location of Project: 6) Scope: Carlos Lozano (305)416-1247 clozano@miamigov.com Southslde Park Playground 140 SW Ilth St, Mlaml, FL 33130 Installation of Owner supplied playground equipment, miscellaneous sidewalk landscaping, root pruning and remedtatlon 7) Initial Value: $322,879.58 8) Final Cost: $463,014.96 9) Projected Completion Time Frame: 3 Months 10) Final Completion Time Frame: 3 Months 11) Number of Company Trades Personnel: Site Contractors (5), Playground (4), Concrete (5), LandscapingS5) GC (4) 12) Delivery Method: Prime Contractor 13) Comments: A change order was Issued for additional work as requested by cuentt HARBOUR CONSTRUCTION, INC C 2. Current and Prior Experience (Harbour Construction) 1) Owner Name and Address: Civic Towers Senior, LLLP, 3101 Bee Caves Road, Suite 220 Austin, TX 78746 2) Contract Person: Nick Boehm 3) Contact Person: Phone: Email Nick Boehm 512.717.3934 4) Title of Project: Civic Towers Senior Exterior Improvements 5) Location of Project: 1400 NW 19thSt, Miami, FL 33125 6) Scope: Provide labor and materials for the exterior Improvements as shown in plans. Work Includes, curbs, concrete sidewalks, footers/retaining wall waterproofing. Concrete steps as per detail and Brick paver installation. 7) Initial Value: $180,000.00 8) Final Cost: $512,112.50 9) Projected Completion Time Frame; 3 months 10) Final Completion Time Frame: 3 Months 11) Number of Company Trades Personnet: GC (10), Concrete (7), Site Contractor (8), Brick Mason (4) 12) Delivery Method: 13) Comments: Prime Contractor Change orders were Issued for additional work es requested by client. (HGI -HARBOUR CONSTRUCTION, INC. C 2. Current and Prior Experience (Harbour Construction) 1) Owner Name and Address: Mr & Mrs Cosgrove 2) Contract Person: Scott Cosgrove 3) Contact Person: Scott Cosgrove Phone: (305).968.6608 Email: scogrove@leoncosgrove.com 4) Title of Project: 5) Location of Project: 6) Scope: Cosgrove Residence 9420 SW 100 St, Miami ,FL Renovation of single family residence, Including new loft Flooring, kitchen, bar, painting, electrical, HVAC, plumbing, Etc 7) Initial Value: $248,000,00. 8) Final Cost; $248,000.00 9) Projected Completion Time Frame: 6 Months 10) Final Completion Time Frame: 6 Months 11) Number of Company Trades Personnel: Electrical:5, Plumbing:4, Carpentry:6, Framing&Drywall:4 HVAC:4, Flooring:6, Painting:7 12) Delivery Method: Prime Contractor 13) Comments: Tit o Emilio T. Gonzalez, PhD. City Manager To Whom It May Concern Subject: Reference Letter for Vertical Project a 140 lE (cry:OYbfA,,, On1 efatl, bj tii'd opos s`?4 Name of Proposer: Harbour Construction, Inc 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: City Hall Roofing Repairs rl. owi►1 �eG e,. orn`plete`�i wne • Scope of Referenced Work: Remove existing PVC roofing system, insulation and associated components and install new TPO roofing system. Scope includes installation of new lighting protection system. Dld the Scope Involve the construction, installation, repair, and/or replacement of a stormwater pump station? (] Yes EI No Value of Project: $ 500,064.88 Date Completed: Jan 26,2018 Percentage of physical construction work self -performed by Proposer: 30 Was project completed on time and within budget: `F4 Yes 0 No If no, was the Proposer at fault or contribute to the delay(s) or increased cost? 0 Yes 0 N.o If yes, please provide details: . Comments: Name of Project Owner: City of MI Signature of Project Owner's Representative: Title: 4 tLD a" r- polvt. ,.- Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 125 RFP No. 18-19-001 Telephone: Sincerely, Annie Perez, CPPO, Director Department of Procurement Bald: THIS SECTION INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 126 RFP No. 18-19-001 Horizontal and Vertical Construction Services ." of T farai Emilio T.8nnz8lec.Ph.D. ToWhom it May Concern Subject: Reference Letter for Vertical Project Name ofProposer: Harbour Construction, ]no The above referenced Proposer haresponding tooBid that hagbeen Issued by the City of Miami. The OUV 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 nahyrenoo Information, The City would appreciate you providing the Information requested below, onwell onany other Infohnot|onyou feel |opertinent: Name ofReferenced Project: 8outha|dePark Playground Scope VfReferenced Work: Site work preparation and installation of Owner supplied playground equipment. Miscellaneous sidewalk, landscaping and site decontamination, . Did the Scope involve the construction, Installation, repair, and/or replacement ofastormwate( pump station? Fl�oo nx No Value ofProject: $ 463'014-88 Date Completed: July26,2O18 Percentage ofphysical nnnutrucbonwork self -performed hyPvopooec 25 % Was projectcompleted ontime and within budget: Yee Fl No }fno, was the Proposer atfault orcontribute hnthe e|oy(o)orincreased cost? FlYes Fl No If yes, please provide details: NmneofProject Owner: Cam, R/Jw?-s Signature of Project Owner's Representative: e�L�� Title: v °�/16~' /"^"�'`-~�--- - ^-� �� Job Order Cnohon Horizontal and Vertical Construction 6omicnm 125 Telephone: Sincerely, Annie Perez, CPPO, Director Department of Procurement E-mail: THIS SECTION INTENTIONALLY LEFT BLANK Jab Order Contracting (JOC) for 126 RFP No. 16.19401 Horizontal and Vertical Construction Services 11.1' g To Whom It May Concern Subject: Reference Letter for Vertical Project a Emilio T. GonAlez, Ph.D. City Manager 4,1 6,4013/g045747E743441"41" 04.4 .11;10 W1'17 4,..f&S, at? .477 Z`1,0:":„••WROrei'.,,i:t7AFZW4 loyal ection,,ta, 0 elao heir art 1 Name of Proposer: Harbour.Construction, Inc 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 Propose!' 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: Shushop - MS' to . LI to, eidn-17 r '1 * Ils.<1.11; 7 * w $7-r44' Scope of Referenced Work: Retail build out: Includes demolition, new electric, plumbing, FIVAC, Framing and drywall, interior finishes, Installed flooring, painting, FF&E package, storefront, etc. Did the Scope involve the construction, installation, repair, and/or replacement of a stormwater pump station? DI Yes Eg No Value of Project: $ 290,000.00 Date Completed: January 2019 Percentage of physical construction work self -performed -by Proposer: 55 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? 0 Yes 0 No If yes, please provide details: Comments: Name of Project Owner: Adolfo Perea Signature of Project Owner's Representative: Title: Owner Job Order Contracting (JOC) for 1-Inri7nnts1 and Martins:11 (Innstnintinn SPrvirrag 125 RFP No. 18-19-001 Telephone: Sincerely, Annie Perez, CPPO, Director Department -of Proeurement E-mail: THIS SECTION INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 128 RFP No. 18-19-001 1-1nr17nnial and VArtirml r.nnsinintinri AarvirpR Emilio T. Gonzalez, Ph.D. City Manager To Whom It May Concern Subject Reference Letter for Vertical Project •.• . • ...i...,.'10x•';`fi.klitT,11.4,43.frA.Vii4tiffirteVID IOU] n, tIZeGtiOnl igPrP• ,,C.115.v.Vat',:k..A. • Name of Proposer: Harbour Construction, Inc 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: Mr. & Mrs. Engels Residence Werkr471XiWinWt Vort:At.41:21;tt.041,9-A_4_ rz, 0 ktigirgre Scope of Referenced Work: Interior Renovation Including demolition, framing and drywall, plumbing, electrical, meohantoai, interior finishes, fit flooring, painting and millwork. DJ the Scope involve the construction, installation, repair, and/or replacement of a. stormwater pump station? 0 Yes 0 No Value of Project: $ 422,722.50 Date Completed: December 2018 Percentage of physical construction work self -performed by Proposer: 60 • % Was project completed on time and within budget: LJ Yes CI No If no, was the Proposer at fault or contribute to the delay(s) or increased cost? 0 Yes 0 No If yes, please provide details: Comments: Cv(1 214/',0 -6e-r-t-vt"-- Vex -tie- ple44 T'ie4Ak4 re-5 ivd-01.1-Za's) . Name of Project Owner: 1--->4.31:e_...1 Date: 5116, Signature of Project Owner's Representative: Title: erWi\-e-Ir4A Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 125 RFP No. 18-19-001 Emilio T. Gonzalez, PhD. City Manager To Whom It May Concern Subject: Reference Letter for Vertical Project 6.031jaiiiiii6`gectidn4o be, QdmS,totO,clb9 the*•Pr800er:.:;,;:”:;' Name of Proposer: Harbour Construction, Inc 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: Cosgrove Residence Fre FUowing Sct on to be Completed by the Project Owncr Scope of Referenced Work: Renovation of single family residence: includes renovation, demolition, framing and drywall, new second floor, office den, new electric, plumbing, HVAC, Interior finishes. Did the Scope involve the construction, installation, repair, and/or replacement of a stormweter pump station? 0 Yes Eg No Value of Project: $ 248.000.00 Date Completed: April 2018 Percentage of physical construction work self -performed by Proposer: 70 Was project completed on time and within budget: t3 Yes D No If no, was the Proposer at fault or contribute to the delay(s) or increased cast? EJ Yes E3 No If yes, please provide details: Comments: Name of Project Owner: S e-oyyZAC Date: Signature of Project Owner's Representative: Title: Job Order Contracting (JOC) for Horizontal and Vertical Construction Services 125 RFP No, 18-10-001 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 SUPPLEMENT TO THE SCHEDULE OF PRICES: OFFICE LOCATION AFFIDAVIT (Pape 1 of 31 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. Harbour Construction Inc's office is located within Miami Dade County MOOR Legal Name of Firm: Entity Type: (Check One) ❑ Partnership ❑ Sole Proprietorship 0 Corporation Corporation Document No: Date Established Occupational License No: PRESENT Street Address: Date of Issuance Office Location JEstablishment of the Proposer): 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 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 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; mil 4) 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 City or Miami -Dade County that authorizes the performance of said 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 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 bld 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 130 RFP No. 18-19-001 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 officelocation 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 . Corpor ite (Must be signed by the corporate secretary of a corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a Joint venture). NOTARIZATION STATE OF FLORIDA COUNTY OF MIAMI-DADS ) SS CITY OF MIAMI 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 (JOG) for 131 REP 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 Leyla. De La Espriella hereby certify that: I) I am the (President/Secretary or Principal) of Harbour Construction Inc (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 respondents SBE certification must be included in the REP document. Ili) 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 Leyla De La Espriella 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 g. day of My commission expires: Bonded b MARISEL A OTHON-RIVA MY COMMISSION # GO090665 y, c, Florida at Large Job Order Contracting (J00) for 133 RFP No. 18-19-001 Horizontal and Vertical Construction Services THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 1$4 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.: RFP No.18-19-001 Title: JOC for Horizontal and Vertical Construction Services BidderlContractor: Harbour Construction, Inc 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 complet rig 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 0 Local 0 SSE 0 DBE 0 None 0 SBE 0 Other 0 Local 0 SBE 0 DBE 0 None cj SBE 0 Other Mood 0 SBE 0 DBE 0 None 0 SBE 0 Other O Local 0 SBE 0 DBE 0 None 0 SBE 0 Other 0 Local 0 SBE 0 DBE ID None 0 SBE Q Other 0 Local 0 SBE 0 DBE 0 None . 0 SBE 0 Other LEGEN axpatatEhm rUfvncLpIiise DBE — Disadvantaged Business Enterprlse CM — City of Miami SBE — Small Business Enterprise BC — Broward County Local — Local Firm (within City of Miami city lim s) F OT— Florida De n of Trportetion None — no special designation F — Federal Goverament MD — Miami -Dade County Other — please Identify . ___. NOTE: COPIES OF CERTIFICATIO S MUSTS . 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 end Vertical Construction Services RE U11 RED 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 1.8- 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; (il) 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); (v1) 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 (JOG) for 137 REP No. 18-19-001 Horizontal and Vertical Construction Services HJJWOOOJ Ft COPISTR Local Workforce Participation Bid Question (i) Contract Number (1i) Total value of the contract (Ili) Dates covering the term of contract (Iv) Percentage of Local Workforce Participation Requirements met by the Bidder (v) Breakdown of local workforce used to meet the requirements (number of persons broken down by trade and category) (vi) If the Bidder was unable to meet the Local Workforce Participation Requirements explain the reasons why, and what efforts if any, were utilized by the Bidder to attempt to meet these requirements (vli) If the project was over $1,000,000.00 did the Bidder hold a job fair(s), If yes, provide the date and location of the job falr(s), number of attendees; (vill) Was a third party hired to verify and certify compliance with Local Workforce Requirements if yers, were all requirements met, what was the third party's name and provide their current contact information (Ix) was the (5%) retainage fee released to the Bidder by the City upon completion, (x) If the Bidder did not .meet .the goals, did you seek a waiver of the program requirements from any Oty Officials? Please explain in detail. B30960A.00 / B30960,07/ B30960,08 $159,000.00 August 2016 to February 2017 0% Advertisements were posted, however there were no applicants. Due to project commencement requirements and lack of applicants the project was started. N/A N/A No percentage withheld. N/A THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 138 RP No. 18-19-001 Horizontal and Vertical Construction Services / / MIA miamidade.gov Ronald Tobin HARBOUR CONSTRUCTION, INC. 7340GVV48thSt Suib^#1O2 Miami, FL3316S Approval Date: April 2, 2018 - Small Business Enterprise - Construction (SBE - Cons) Anniversary Date: August 31.2019 Internal Services Department Small Business Development ill Nw1Street 19thpbo Miami, Florida 33128 miwnmaoo.gmTanm-3r"111P 305-375-360 Dear Ronald Tobin, Miami -Dade County Small Business Development (SBD), a division of Internal Services Department (ISD), is pleased to notify you of your firm's continuing eligibility as a certified Small Business Enterprise - Construction (SBE - Cons). The Small Business Enterprise (8BE)programs are governed by'Sections 2-8.i.1.1.2|2-10.4.01| 10'33.02nyK8ium|'Dmdu County'oCodes. Your firm |ocertified |nthe categories listed below. The Small Business Enterprise - Construction (SBE - Cons) certification Is continuing through the Anniversary Date listed above, contingent upon your firm maintaining Its eligibility based on the criteria outlined Inthe aforementioned code. You will be notified of your annual responsibilities In advance of the Anniversary Date. You must submit the annual AFFIDAVIT FOR CONTINUING ELIGIBILITY no later than the Anniversary Date to maintain your eligibility. Your firm's name and tier level will -be listed In the directory for all SBE certified firms, which can be accessed through Miami -Dade County's SBD wmbaitm:httpxYwvmmm|mm}dodo.gn*smeUbuo|neno/oerUMnmUon-l|sto.aop. If there is a material change In your firm, you must advise this office by submitting a status change form with the associated supporting documentation, within thirty (30) days, Changes may Include, but are not limited to, ownership, officers, directors, management, key personnel, scope of work performed, daily operations, on -going business relationships with.other firms or Individuals or the physical location of your firm. After our review, you will receive Instructions as to how you.should proceed, If nwnnooarY.FeUurotodnooxvNbedwemodnfuUunoonynurpndtp000pwnmtemndwU|raou|t|naoUonhunymoveynurfirm's certification. |tkustrongly recommended that you registeryour finnmmavendor with Miami -Dade County, Toregister, you may Visit: http://www.miamidade.qov/procurement/v6ndor-reqlstration. asp. If you have any duestions or concerns, you may contact our office ut30S^3T5'3111 oremail obdtortVMmlam|dada.nnx Claudlous Thompson, Section Chief $maUBusiness Development CATEGORIES- (Your flan may bid p,participate aocontracts only oouo,these wmmw,�$) NAICS 236115: NEW SINGLE-FAMILY HOUSING CONSTRUCTION (EXCEPT FOR -SALE BUILDERS) NAICS 236116: NEW MULTIFAMILY HOUSING CONSTRUCTION (EXCEPT. FOR -SALE BUILDERS) Nx\oS 2Xii7`NEW HOUSING FOR -SALE BUILDERS m^|oa2uo1*1mRESIDENTIAL nswooELans mxIGmuommo;INDUSTRIAL BUILDING CONSTRUCTION m/VCS 2:6220: COMMERCIAL AND INSTITUTIONAL BUILDING CONSTRUCTION NAICS 237110: WATER AND SEWER LINE AND RELMED STRUCTURES CONSTRUCTION SECTION 6 - CONTRACT EXECUTION FORM THIS Contract # 18-19-001-V-1 made this Li day of F-etruorT1 in the year 201,6 in . the amount of $2,500,000.00 by and between THE CITY OF MIAMI, FL:6RIDA, hereinafter called the "CITY," and HARBOUR CONSTRUCTION, INC., 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. WI NESS/ATTEST HARBOUR CONSTRUCTION, INC., a Floridj corporation Signet 1(0 &id Sects-bm Prin Name, Title ATTEST: CONTRACTOR Secretary (Affirm CONTRACTOR Seal, if available) ATTEST: Todd B. Hanno APPROV REQUI ANCE n-Mar- rpe, Director isk Majage ent Department Job Order Contracting (JOC) for Horizontal and Vertical Construction Services Signatu ibbin Rona d Tobin, Presiden Jp. ; (Corp6rit9.;. epl);-ef; • • CITY OF MIAMI, a municipal of the State of Florida E Ci anager onzalez, PhD., APPROVED AS TO LEGAL FORM AND CORRECTNESS: tf toria M�ndez, City At orney 6*- 1'111_4 149 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, WI(ku( l ti _ fC , 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 (PTESI1 (Type title of officer) V.kffild gab A , 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 -Is- day of GIIQ.m LQr , 20 11 f orate Secretary (Corporate Seal) 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-1 made this day of r-t) in the year 2016 in the amount of $2,500,000.00 by and between THE CITY OF MIAMI, Ft'ORIDA, hereinafter called the "CITY," and HARBOUR CONSTRUCTION, INC., 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 Signs Print NamWO e, Title ATTEST: CONTRACTOR Secretary (Affirm CONTRACTOR Seal, if available) ATTEST: Todd B. Hannon APPR f REQUIRE Ann- arie Risk ana s ement Department 0 SURANCE harpe, Director HARBOUR CONSTRUCTION, INC., a Florio corporation Signature i2.oafr TDIM P1i3 iC,ef7J- Ronald Tobin, President (Corporate Seal) CITY OF MIAMI, a municipal corporation of the State of Florida -, Emili T. Gonzalez hD., City anager APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney 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, \1Q1 (ij\kijekf\ , 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 rEsiden (Type title of officer) 2.00cld , 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 OSA- day of ('OJ2YY1jf , 20 CG . orate Secretary (Corporate Seal) Job Order Contracting (JOC) for 151 RFP No. 18-19-001 Horizontal and Vertical Construction Services i Y A Bond # PB01242800085 Executed in Four Counter Parts FORM OF PERFORMANCE BOND (Page 1 of 3) BY THIS BOND, We Harbour Construction,: Inc. : as Principal, hereinafter called Contractor, and Philadelphia Indemnity 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 ($ 2,500,000 ) 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: 1s-19-ooi. Y-i, awarded the f day of , 20 LU; 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 Job Order Contracting for Vertical Construction Services , the Contract being made a agreement entered into a Contract; 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 Bond # PB01242800085 FORM OF PERFORMANCE BOND (Page 2 of 3) Executed in Four Countei Parts 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: topay the cost of completion less the balance of the Job Order Arnount; 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 21st day of November ., 20 19 Job Order Contracting (JOC) for 153 RFP No. 18-19-001 Horizontal and Vertical Construction Services Bond # PB01242800085 FORM OF PERFORMANCE BOND (Page 3 of 3) WITNESSES: ecretary (CORRATE SEAL) Job Order Contracting (JOC) for Horizontal and Vertical Construction Services By: Executed in Four Counter Parts Harbour Construction, Inc. (Name of Corporation) (Signature) (Print Name and Title) INSURANCE COMPANY: Philade1p�531i Indempty In By: OAP) ance Company y-if-Fact,' l nlil ?: Golerki,, . • Attci�ney in' F frr Address: Three Bala Plaza East, Suite 40G1 r,iPL.:4 CI erase>t4V14?1380 (Street) r _ . Bala Cynwyd, PA 19004 - 1403 f (City/State/Zip Code) Telephone No.: (610) 206 - 7836 154 RFP No. 18-19-001 Bond # PB01242800085 Executed in Four Counter Parts FORMOF. PAYMENT BOND (Page 1 of 2) BY THIS BOND, We Harbour Construction, Inc. , as Principal, hereinafter called Contractor, and Philadelphia Indemnity 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 ($ 2,500,000 ) 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-ooi-v-1 , awarded the 1--F' day of FT 20.20, 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 25$.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 afterperforrnance 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 ContraoUng (*IOC) for 155 RFP No:18-19-001 Horizontal and Vertical Construction Services Bond # PB01242800085 Executed in Four Counter Parts 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 provislons 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 21st day of November , 20 19 Contractor Harbour Construction, Inc. ATTEST: _(Corporate,Sea1) Job Order Contracting (JOC) for Horizontal and Vertical Construction Services (Name of Corporation) By: By: 156 (Signature) '6631(65m, Psien (Print Name and Title) 21st day of November , 20 19 INSURANCE COMPANY: Ph'. ' 1phia Indemnity Insurance Com • an gent an Attorney - in Fact F?' Licensel# W 14438b = ; Address: Three Bala Plaza East; Suite 400< (Street)' Bala Cynwyd, PA 19004 - 1403 (City/State/Zip Code) Telephone No.: (610) 206 - 7836 RFP No. 18-19-001 THIS PAGE. INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 157 RFP No. 18-19-001 Horizontal and Vertical Construction Services -Bond # PB01242800085 Executed in Four Counter Parts CERTIFICATE ASTO CORPORATE PRINCIPAL Ln k [0s�iel4� 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 lail0 \O I Ci , who signed the Bond(s) on behalf of the Principal, was thenTM/ 1( 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 tion half of said co s oration by authority of its governing body. (SEAL) Sec ry (on behalf of) Cons Corporation STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF MIAMI ). SS ** See Attached 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 tobefore me this day of 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 State of Illinois County of Cook On this 21st day of November 2019, before me personally appeared Emily J. Golecki , known to me to be the Attorney -in -fact of Philadelphia Indemnity Insurance Company , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid county, the day and year in this certificate first above written. (Notary Public) (Seal) OFFICIAL SEAL M LABNO NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:09/11/23 1568 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Jacquelyn M. Norstrom, Josefina Rojo, Douglas M. Schmude, John P. Harney, Beatriz Polito and Pamela S. Higginbotham, EmilyJ. Golecki, Margaret A. Ginem and Anett E. Cardinale of MESIROW INSURANCE SERVICES, INC., its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14th of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27Tn DAY OF OCTOBER, 2017. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27th day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Mo,7an Knapp Notary Page Lo*eruenon r+p..Manl5¢npryCOunry MxCmmU nson Exdtas Sep1.25.2021 1rwr. n.nnvwwssoeussKarietORr (Notary Seal) Notary Public: residing at: Bala Cynwyd, PA My commission expires: September 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27th day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company_this- , l daj;o .I1I V 20 111 Edward Sayago, Corporate gecretaiy" = PHILADELPHIA INDEMNITY,INSURANCE COMPANY :.. r iB AGREEMENT OVE.RVIEV ) ITB TITLE: Request For Proposals (RFP) No. fir= 9 ,i'Job•Ordi Contractlnq ("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: Harbour Construction Inc. 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 (D, Local Preference affect the awar'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 ACORL CERTIFICATE OF LIABILITY INSURANCE `� DATE(MM/DDmrYY) 11 /25/2019 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 po icy, 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 Eastern Insurance Group, Inc. 9570 SW 107 Avenue Suite 104 Miami FL 33176 ACT Amanda Nogues PHONE (305) 595-3323 FAX (A/C, No, Ext): (A/C, No): (305 ) 5 95-7135 n DD MAIL SS: amanda@easteminsurance.net INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: Liberty Surplus Insurance Corp. 10725 INSURED Harbour Construction Inc. 7340 SW 48 Street Suite 102 Miami FL 33155 INSURER B : Republic Vanguard Insurance 40479 INSURER C: National Union Fire Ins. Co. 19445 INSURER D: Insurance Company of the West 27847 INSURER E INSURERF: MBER: Master 19- • 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AUUL INSD SUBIC WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY /POLICY EXPO/ IJMM/DD) LIMITS X COMMERCIAL GENERAL LIABILITY 1 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea $ 50,000 occurrence) D EXP (Any one person) $ Excluded A Y 1000329436-01 s \`. 01/29/ Oa9 01129/ 0 PERSONAL&ADV INJURY $ 1.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: \Vi \` GENERAL AGGREGATE $ 2,000,000 P POLICY X jE� L LOC • U � PRODUCTS - COMP/OP AGG $ 2,00,0 000 OTHER $ AUTOMOBILE LIABILITY //// )/J!, � COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 ANY AUTO BODILY INJURY (Per person) $ B OWNED SCHEDULED AUTOS CNO555174200 01/29 0+19 01/29/2020 BODILY INJURY Per accident) $ X HIRED %� NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 9,000,000 C X EXCESS LIAB CLAIMS -MADE EBU018286348 01/29/2019 01/29/2020 AGGREGATE $ 9,000,000 'DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N X STATUTE OTH _ ER D ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N /A WFL-5045492-00 01/06/2019 01/06/2020 E.L. EACH ACCIDENT $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Commercial Construction, interior buildout The City of Miami is listed as an additional insured for permits or authorizations on the General Liability as required by written contract per form CG2012 05 09. This coverage is primary and non-contributory. Coverage is afforded for contingent and contractural exposures. XCU coverage included. CANCELLATION City of Miami 444 SW 2 Avenue 6th Floor 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 logo are registered marks of ACORD n Bond # PB01242800085 Executed in Four Counter Parts FORM OF PERFORMANCE BOND (Page 1 of 3) BY THIS BOND, We Harbour Construction, Inc. , as Principal, hereinafter called Contractor, and Philadelphia Indemnity 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 ($ 2,500,000 ) 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:1s-19-001-v-1, awarded the : i day of , 20 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 Job Order Contracting for 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 attomey'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 Bond # PB01242800085 Executed in Four Counter Parts 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 thls 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 21st day of November , 20 19 Job Order Contracting (JOC) for 153 RFP No. 18-19-001 Horizontal and Vertical Construction Services Bond # PB01242800085 FORM OF PERFORMANCE BOND (Page 3 of 3) WITNESSES: E PRESENC OF: By: Executed in Four Counter Parts Harbour Construction, Inc. (Name of Corporation) (Signature) r2Crald (Print Name and title) INSURANCE COMPANY: Philadelp By: iafindemnity gent sur1ance Company L 0 CL- rney-in- Fact) Emily J. Golecki, Attorney - in - Fact FL License # W144380 Address: Three Bala Plaza East, Suite 400 (Street) Bala Cynwyd, PA 19004 - 1403 (City/State/Zip Code) Telephone No.: (610) 206 = 7836 Job Order Contracting (JOC) for 154 RFP No. 18-19-001 Horizontal and Vertical Construction Services Bond # PB01242800085 Executed in Four Counter Parts FORM OF PAYMENT BOND (Page 1 of 2) BY THIS BOND, We Harbour Construction, Inc. , as Principal, hereinafter called Contractor, and Philadelphia Indemnity 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 ($ 2,500,000 ) 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-oo1-v-1 , awarded the day of _J---C q 20 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_suppiies 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 Bond # PB01242800085 Executed in Four Counter Parts 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 21st day of November (Corporate Seal) Job Order Contracting (JOC) for Horizontal and Vertical Construction Services By: ,2019 Contractor Harbour Construction, Inc. Name of Corporation) (Signature) (Print Name and Title) 21st day of November , 20 19 INSURANCE COMPANY: Philadelphia Indemnity Insurance Company gent a y-in-Fact)Emily J. Golecki, Attorney - in - Fact FL License # W144380 Address: Three Bala Plaza East, Suite 400 (Street) Bala Cynwyd, PA 19004 - 1403 (City/State/Zip Code) Telephone No.: (610) 206 - 7836 156 RFP No.18-19-001 THIS PAGE INTENTIONALLY LEFT BLANK Job Order Contracting (JOC) for 157 RFP No. 18-19-001 Horizontal and Vertical Construction Services Bond # PB01242800085 Executed in Four Counter Parts CERTIFICATE AS TO CORPORATE PRINCIPAL lAct •&\,1 , 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 v......ci« ,(&ln , who signed the Bond(s) on behalf of the Principal, was then ` 1( <1 en-V 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 t• on behalf of said cor oration by authority of its goveming body. ' _ ..' .►-�. (03 (SEAL) Sec: ry (on behalf of) Corporation STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF MIAMI SS ** See Attached 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 My commission expires: Job Order Contracting (JOC) for 158 Horizontal and Vertical Construction Services Notary Public, State of Florida at Large Bonded by RFP No. 18-19-001 State of Illinois County of Cook fl On this 21 st day of November 2019, before me personally appeared Emily J. Golecki , known to me to be the Attorney -in -fact of Philadelphia Indemnity Insurance Company , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid county, the day and year in this certificate first above written. (Notary Public) (Seal) OFFICIAL SEAL M LABNO NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:09/11/23 1572 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Jacquelyn M. Norstrom, Josefina Rojo, Douglas M. Schmude, John P. Harney, Beatriz Polito and Pamela S. Higginbotham, Emily J. Golecki, Margaret A. Ginem and Anett E. Cardinale of MESIROW INSURANCE SERVICES INC., its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'h of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27Tf1 DAY OF OCTOBER, 2017. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27'h day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COIILION\VEAIra Or PEN. V t NOTMIAL3EAL Mo,g=t(app,A'dary REAM lower Yen. fro-Mamgnmety CEONy M,Commiulon Enites Seo1.25, 2021 lioiF� Y[� �RvwPA$SpCN110NY (Notary Seal) Notary Public: residing at: Bala Cynwyd, PA My commission expires: September 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27'h day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. J'- n/ q� In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this Z!_• bay of JV4tl 20 II Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE; COMPANY R-19-0386 A RESOLUTION Pk THE MIAMI CITY COMMISSION, ,WITH ATTACH... Page 1 of 2 11 oA{154121W2b4,t41oitknCtfyow•it.s'..Pit l Re is;ei( .i 1. �`. F:...i f`...• "4 . ,ififs Page Iilll�f lull, 11311 f, o R • 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 ("JOC") 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 F1 THE MIAMI CITY COMMISSION,r � 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 Attomey, 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, Manolo Reyes, Keon Hardemon Draft http://miamifl.igm2.com/Citizens/Detail_LegiFile.aspx?ID=6547&highlightTerms=18-19... 11/20/2019 (—\ { CITY OF MVAMI,FLORIDA INTER -OFFICE MEMORANDUM TO: Enli|kJT. GoOZ6kez Ph.D. City Manager FROM: Annie Perez, CPPO, Director DATE: September 11.2018 SUBJECT: Report ofEvaluation Committee and Recommendation for Award ofMultiple Contracts for Request for Proposals (RFP) No. 18-1g-OO1. Job Order Contracting (J{}C)for Horizontal and Vertical Construction Services REFERENCES: RFPNo. 18-18-0O1 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 (''8en/iuee^). {]n May 28. 2018. twenty-four (24) proposals from nineteen (19) contractors were received in `eaponaet' this solicitation. Gubaequently, 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 OFEVALUATION OnSeptember S.2018.the Evaluation Committee ("Committee")met and completed the evaluation of the twenty-three C230 responsive proposals following the guidelines stipulated in the solicitation. The proposals pursuantwere evaluated Evaluation Criteria �bu���umm���mte (�ar��ommr��tm���mV 6 " ' 1. Comparable Project 25 2. Key Personnel Assigned tothe Contract uV 3. Safety15 4. 8BEand Local Workforce Participation Plan 10 5. Schedule VfPrices 30 Total Maximum Points (Per Committee- Member) 100 The final scores are as follows: Proposing Firm Awarded Points (Maximum 5OOPoints) _ Awarded Points Percentage Horizontal Construction 1. Metro Express, Inc. 401 92296 2. K8oggo|o.|no. 442 88.4Y6 3. Ric -Man Construction, Inc. 440 88.096 4. David Mancini 8" Sono. Inc. 430 80.0% 5. Stone Concept Miami, Inc. 428 85.6% G. Terra Hy|aContractono. Inc. 408 01.896 T. H&JAsphalt, Inc. 388 79.296 0. Florida Engineering and Development, Corp. 380 77.296 8. Harbour Construction, Inc. 308 73.6Y6 10. J.RT.Construction, Co. 343 68.6Y6 11. Unitech Bui|dena, Corp. 330 � 66.096 Page 2 - Report of Evaluation Col iimittee, 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: Emilio T. eonzalez, P .D., ity Manager Date: 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 NUMBER: 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 - Uniteeh 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 CITY OF MIAMI OFFICE OF THE CITY CLERK BID SECURITY LIST Stone Concept Miami, Inc. See attached See attached • Received (19) bid(s) on behalf: Procurement City Deartm On: /c9-1 1 61t PREPARED BY: Today's Date 2 Detail by Entity Name - Page 1 of 2 Florida Department of State we official Sete ofFlorida ;vluxite. Department of State / Division of Corporations / Search Records / Detail By Document Number / DIVISION OF CORPORATIONS Detail by Entity Name Florida Profit Corporation HARBOUR CONSTRUCTION, INC. Filing Information Document Number P03000084970 FEI/EIN Number 38-3686455 Date Filed 08/04/2003 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 05/03/2016 Event Effective Date NONE Principal Address 7340 SW 48 Street Suite 102 MIAMI, FL 33155 Changed: 01/26/2016 Mailing Address 7340 SW 48 Street Suite 102 MIAMI, FL 33155 Changed: 01/26/2016 Registered Agent Name & Address TOBIN, RONALD 7340 SW 48 Street Suite 102 MIAMI, FL 33155 Address Changed: 01/26/2016 Officer/Director Detail Name & Address Title PD TOBIN, RONALD http://search. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 11 /20/2019 Detail by Entity Name -.. ,•- Page 2 of 2 7340 SW 48 Street Suite 102 MIAMI, FL 33155 Title VP DE LA ESPRIELLA, LEYLA 7340 SW 48 Street Suite 102 MIAMI, FL 33155 Title D LESSEUR, ALEXANDER G 7340 SW 48 ST SUITE 102 MIAMI, FL 33155 Annual Reports Report Year Filed Date 2017 01/09/2017 2018 01/16/2018 2019 01/24/2019 Document Images 01/24/2019 —ANNUAL REPORT 01/16/2018 — ANNUAL REPORT 01/09/2017 — ANNUAL REPORT 05/03/2016 — Amendment 01/26/2016 — ANNUAL REPORT 01/09/2015 — ANNUAL REPORT 01/13/2014 — ANNUAL REPORT 01/15/2013 — ANNUAL REPORT 01/04/2012 —ANNUAL REPORT 01/05/2011 —ANNUAL REPORT 01/07/2010 — ANNUAL REPORT 01/20/2009 — ANNUAL REPORT 01/03/2008 — ANNUAL REPORT 01/08/2007 — ANNUAL REPORT 03/15/2006 — Amendment 01/09/2006 — ANNUAL REPORT 07/07/2005 — ANNUAL REPORT 01/12/2004 — ANNUAL REPORT 08/04/2003 — 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 View image in PDF format View image in PDF format View image in PDF format Flonda Department of State, Division of Corporations http://search. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 11 /20/2019 ORIGINATING DEPARTMENT: CITY OF MIAMI DOCUMENT ROUTING FORM Procurement DEPT. CONTACT PERSON: Anthony Rolle/Luis Caseres NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Harbour Construction Inc. 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: ❑ MANAGEMENT AGREEMENT O PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT Q YES ❑ PUBLIC WORKS AGREEMENT::: •- ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT J ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) Construction Contract - Vertical -Construction PURPOSE OF ITEM (BRIEF SUMMARY) RFP No. 18-19-001 - Job Order Contract' g (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: =<`ROU,4.TING'INFORNAT,y I Date Signature/Print APPROVAL - hi - !Lj Annie Perer BY DEPARTMENTAL DIRECTOR `/I SUBMITTED TO RISK MANAGEMENT A4/14- Ann -Marie Sh rpe 4 4 el— SUBMITTED TO CIT ATTORNEY /.Z Vic ' ndez, t3 .moo `a€2. i .< L.Sk✓ APPROVAL BY BUDGET OFFICE w,\K ,S,.e-r`e-v , --: C-,,,,a. � ciA2u.3 .i 4-t,, .-- -t- of Po !3 240� Chri ose APPRO,V41. BY �Ji?vl/ ie CV ASSIIS k CITY M /'td R.�Et 007/1, Sandra Bridgeman ``"nd�'�� APPRqfeAz-tVAL, Bit ASS41.,•• CITY, rGE � / I (-2A (7.-C=.2. Nzeribe Ihekww AA . t APPROVAL BY DEPUTY CITY MANAGER //3 O O / Jose* F. Napoli /vivo / RECEIVED BY CITY MANAGER Emilio T. Gonzalez, Ph.D. SUBMITTED TO AND ATTESTED BY CITY CLERK a/ 1 /D Todd Hannon) , 1) ONE ORIGINAL TO CITY CLERK 2) ONE COPY TO CITY ATTORNEY'S OFFICE 3) REMAININGORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 20036 Bridgeman, 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, January 27, 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 <DBailey@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 rionesiackson@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. 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Instead, contact this office by phone or in writing. ,ter 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 2nd 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 <croseCa@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 30.5 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: Harbour Construction, Inc - Vertical Construction Services -RFP 18-19-001 - Job Order Contracting (JOC) Matter ID No.: 19-3145 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 THIS OFFICE FOR FURTHER REVIEW, PLEASE IDENTIFY AS 19-3145 Doc. No.: 1267566