HomeMy WebLinkAboutReso 2020-3136RESOLUTION NO.2020 - 313G
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH TEAM
CONTRACTING, INC. FOR DESIGN AND CONSTRUCTION OF ADA
STALLS AND PARKING REVISIONS AT OR NEAR GWEN MARGOLIS
PARK, IN AN AMOUNT NOT TO EXCEED FORTY-THREE THOUSAND
TWO HUNDRED FIFTY-NINE DOLLARS AND TWENTY-FIVE CENTS
($43,259.25), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE
THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is in need of a Contractor to provide design and construction of ADA
stalls and parking revisions at or near Gwen Margolis Park ("Services"); and
WHEREAS, Sourcewell, f/k/a the National Joint Powers Alliance, issued and awarded
Invitation for Bid No. FL-SEA-GC04-041019 to, and entered into an indefinite quantity
construction agreement with, Team Contracting, Inc. ("Contractor"); and
WHEREAS, pursuant to the City's procurement code provisions, purchases made under
state, county or other governmental contracts, or competitive bids with other governmental
agencies are exempt from the City's competitive bidding procedures; and
WHEREAS, Contractor is a certified and insured company with the necessary experience
willing to provide the desired Services; and
WHEREAS, the City Commission wishes to approve an Agreement with Team
Contracting, Inc. for design and construction services of ADA stalls and parking revisions at or
near Gwen Margolis Park, in an amount not to exceed Forty -Three Thousand Two Hundred Fifty -
Nine Dollars and Twenty -Five Cents ($43,259.25), attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approves an Agreement
with Team Contracting, Inc. for design and construction services of ADA stalls and parking
revisions at or near Gwen Margolis Park, in an amount not to exceed Forty -Three Thousand Two
Hundred Fifty -Nine Dollars and Twenty -Five Cents ($43,259.25), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute the
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
R2020 Agmt w Team Contracting for Gwen Margolis Page lof 2
PASSED AND ADOPTED this 19t' da of Nove ber 2020.
George AScholl,
AT
APPROVED AS TO FORM
A LEG FFICIENCY:
Edward A. Dion, City Attorney
Moved by: I Cc �V�c 1��1 Seconded by: G0VWI-; tWV9 VICICA"*-
Vote:
/
Mayor Scholl J (Yes) (No)
Vice Mayor Svechin (Yes) (No)
Commissioner Goldman (Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Viscarra i0 (Yes) (No)
R2020 Agmt w Team Contracting for Gwen Margolis Page 2 of 2
SONNY IS4e
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
() 947-066 City 1Hall
yi (305) 949 313 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
VIA:
Christopher J. Russo, City Manager
FROM:
Richard Labinsky, P.E., City Engineer
DATE:
11 /19/2020
Resolution Approving the Agreement with Team
RE:
Contracting Inc. to Provide the Design and Construction
of ADA Stalls and Parking Revisions at the Gwen
Margolis Park Area.
RECOMMENDATION:
Staff is recommending the City Commission approve the attached
Resolution.
REASONS:
The City of Sunny Isles Beach wishes to use Team Contracting Inc. to
provide the design and construction of ADA stalls and parking
revisions at the Gwen Margolis Park Area.
The Contractor will demo and install the existing frame and grate,
demo and construct new sidewalk, curb and gutter near the Park
entrance. Contractor will also construct a new bicycle pad next to the
dog park entrance. Contractor will mill the existing lot and resurface,
including new ADA compliant stall and walkway. Stripe (paint) the
existing lot.
The City desires to enter into this agreement with Contractor, using
Sourcewell f/k/a the National Joint Powers Alliance or NJPA, issued
Invitation for Bid ("IFB") FL-SEA-GC04-041019, to provide the
services. Pursuant to the City's procurement code provisions,
purchases made under State, County or other governmental contracts,
or competitive bids with other entities, are exempt from the City's
competitive bidding procedures.
The total cost of this additional service, is in an amount not to exceed
$43,259.25
FUNDING SOURCE:
Description
Resolution
Agreement
Item Number: 10.E.
-ANY
Gi
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
LD -7- AM CONTRACTING, INC.
AND TE
CONTRACT NO. 2020-6780-03
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this' L41day of AGREEMENT
2020, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and TEAM CONTRACTING INC., a
corporation authorized to do business in the State of Florida (hereinafter referred to as
"Contractor") whose Federal I.D. # is 65-1002254.
RECITALS
WHEREAS, the City of Sunny Isles Beach is in need of Contractor to provide the
design and construction of ADA stalls and parking revisions at or near Owen Margolis Park
within the City of Sunny Isles Beach ("Services"); and
WHEREAS, Contractor is a certified and insured company with the necessary experience
to provide the desired Services; and
WHEREAS, Sourcewell f/k/a the National Joint Powers Alliance or NJPA, issued
Invitation for Bid ("IFB) FL-SEA.-GC04-041019 and awarded an indefinite quantity
construction agreement to Contractor beginning May 1, 2019 for a period of one year terminating
on April 30, 2020, with the option to renew for two additional one year ten-ns; and
WHEREAS, S ourcewell. and the Contractor exercised the first renewal term, resulting in
an extension of the, agreement from May 1, 202.0 through April 30, 2021, thereby leaving a, single
one-year renewal term; and
WHEREAS, the City desires to enter into an agreement with Contractor, using
Sourcewell's bid information, to provide the Services described in Exhibit "A", and more
particularly, Contractor's price proposal as set forth in Exhibit "B", attached hereto and made part
hereof, subject to the terms and conditions contained herein, and
WHEREAS, pursuant to the City's procurement code provisions, purchases made under
state, county or other governmental contracts, or competitive bids with other entities are exempt
from the City's competitive bidding procedures; and
WHERE -AS, the City wishes to contract with Contractor to provide the desired Services
as more particularly described in Exhibit "A" for a total amount not to exceed Forty -Three
Thousand Two Hundred Fifty -Nine Dollars and 25/100 Cents ($43,259.25), as set forth in
Contractor's proposal. to the City attached hereto as Exhibit "B".
NOW THEREFORE, W. consideration of the promises and the mutual covenants herein
name., the parties agree as follows:
TERMS
1. RECITALS. The Recitals set 11orth above are hereby incorporated into this Agreement
and made a part hereof for reference.
Team Commoting Inc.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement
as well as the terrns and conditions of the Sourcewell f/k/a the National Joint Powers Alliance or
NJPA, issued Invitation for Bid (11713") FL-SEA-GC04-041019 and awarded indefinite quantity
construction agreement dated May 1, 2019, as amended, which are specifically incorporated herein
and made a part hereof as Exhibit "A", as well as Contractor's proposal to the City, attached as -
Exhibit "B" (hereinafter referred to as "Contract Documents").
3. SERVICES. Contractor shall provide the services pursuant to the tern -is and conditions
set forth in the Sourcewell f/k1a the National Joint Powers Alliance or NJPA Invitation for Did
("IFB") FL-SEA-GC04-041019, the awarded an indefinite quantity construction agreement dated
May 1, 2019, and the proposal to the City attached hereto as Exhibit "B" (hereinafter referred to
as "Services"), The Services shall be performed by Contractor to the fall satisfaction of the City.
Contractor agrees to furnish all labor and material in a good and workmanlike and professional
manner to perform Services. Contractor agrees to have a qualified representative to audit and
inspect the Services provided on a regular basis to ensure all Services are being performed in
accordance with the City's needs and pursuant to the terms of this Agreement and shall report to
the City accordingly. Contractor agrees to immediately inform the City via telephone and in
writing of any problems that could cause damage to the City's property, improvements and
persons. Contractor will require its employees to perform their work in a manner befitting the type
and scope of work to be performed. In the event that the Contractor fails to complete the Services
pursuant to the terms of this contract and City must undertake the completion of performance of
Services, Contractor agrees to indemnify the City for all costs incurred with respect to the
completion of those Services and any damages the City may suffer as a result of the Contractor's
,failure to perform the Semices.
4. TERK Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the term of this Agreement shall be for a period of twelve (12) days commencing
upon the issuance of a written Notice to Proceed by the City
Payment will be made only for work completed to the satisfaction of the City. Contractor is to
commence performance of work from the date obf-,specified in the Notice to Proceed and continue
in a diligent manner until completion of the Services. Contractor acknowledges that compliance
with the commencement and completion schedule is the essence of this Agreement. The terms of
Sections 18 and 19 entitled "Indemnification and Waiver of Liability," and "Compliance with
Lau," respectively, shall survive termination of this Agreement,
5, COMPENSATION. During the term of this Agreement, in whatever capacity rendered,
the City shall pay Contractor for Services performed under this Agreement, in a total amount not
to exceed Forty -Three Thousand Two Hundred Fifty -Nine Dollars and 25/100 Cents ($43,259.25),
as set forth in Contractor's proposal to the City, attached hereto as Exhibit "B", Payment to
Contractor for all charges and tasks under this Agreement shall be in accordance with this
Agreement and the schedule of charges reflected under the following conditions. Payment to
Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract
Documents and the schedule of charges reflected as reflected in Exhibit "B", under the following
conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract
except for expenses approved by the City Manager.
Team ContTacting Inc. 2
city , o
. f Sunnv Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305):949-3113 Fax
b. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. Payment will be
made by the City in accordance with Sections 19 and 20 of the IQCC Standard
Terms and Conditions and Contract General Conditions attached as part of the IFB
as Exhibit "A". If services have been rendered in conformity with the Agreement,
the invoice will be sent to the Finance Department for payment. Invoices must
reference the contract number assigned hereto.
C. Availability -of -Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission. If the City should not appropriate or othem-isemake available funds
sufficient to purchase the Services procured pursuant to this Agreement, the City
may unilaterally terminate any and all contractual or other obligations herein
without any further liability or penalty upon twenty (20) days' notice to Contractor.
d. Final Invoice. In order for both parties herein to close their books and records, the
Contractor will clearly state "final invoice" on the Contractor's final/last billing to
the City. This certifies that all services have been properly performed and all
charges and costs have, been invoiced to the City. Since this account will thereupon
be closed., any other additional charges, if not properly included on this final
invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, Permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor
with the prior written approval of the City. If the City disputes any charges on the invoices, it may
make payment of the uncontested amounts and withhold payment on the contested amounts until
they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or
make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any
form of indebtedness, The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent Contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent Contractor other than those obligations which have been or shall have, been
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
performing its ditties as contemplated under this Agreement. The City shall not be responsible for
any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Contractor, other than those set forth in this Agreement. Contractor shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties under
this Agreement.
7INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being perffirmied tinder this Agreement, procure and maintain the following minimum
Team Con( acting line.
City of Suntkv Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents or employees, as indicated below:
o Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with minimum limits of One Million Dollars ($ 1,000,000.00) combined single limit
per occurrence.
o Worker's Compensation, as required by state law.
a Business Automobile Liability which shall include coverage for all owned, non -
owned and hired vehicles for minimum limits of not less than One Million Dollars
($1,000,000.00) combined single limit per occurrence for bodily injury and
property damage.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with
a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is
performed, and at any time upon request, Contractor shall furnish to the City certificates of
insurance evidencing the minimum required coverage and shall be appropriately endorsed for
contractual liability, with the City named as additional insured. All policies shall contain a
waiver of subrogation endorsement. All policies and certificates shall be in forms and issued
by insurance companies acceptable to the City Manager or his designee. All insurance policies
and certificates of insurance shall provide that the policies may not be canceled or altered
without thirty (30) days prior written notice to the City. Contractor shall also require and
ensure that each of its sub -Contractors providing services hereunder (if any) procures and
maintains, until the completion of the services, insurance of the types and to the limits specified
herein. ANY EXCEPTIONS TO THE INSURANCE REQUIRIFMIENITS M. THIS
SECTION MUST HE APPROVED IN WRITING BY THE CITY.
8. WARRANTY OF SERVICES.
8,1 The Contractor shall warrant the labor performed for a minimum period of one (1)
year from the date the Services are complete. This warranty shall be in addition to
whatever rights the City may have under state or federal Law. The Contractor's
obligation under this warranty shall be at its own cost and expense., to promptly
repair or replace (including cost of removal and installation), that item (or part or
component thereof) which proves defective or fails to comply with the Agreement
within the warranty period such that it complies with the Agreement,
8.2 Contractor warrants to the City that all materials and equipment furnished under
this Agreement will be new unless otherwise specified and will be of good
quality, free from faults and defects and in conformance with the Agreement. All
equipment and materials not confonining to these requirements, including
Team Conftacticag hic.
Gly of Sunn-v Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
substitutions not properly approved and authorized, may be considered defective.
If required by City or its designee, 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 this Agreement.
8.3 Contractor shall provide to the City or its designee all manufacturers' warranties.
All warranties, expressed and/or implied, shall be given to the City for all material
and equipment covered by this Agreement. All material and equipment famished
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 are required Linder state or federal law.
9. DEFECTIVE WORK.
9.1 The City or its designee shall have the authority to reject or disapprove work
which is found to be defective. If defective work is found, 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 and indirect
costs of such removal or corrections including cost of testing laboratories and
personnel.
U Should Contractor fail or refuse to remove or correct any defective work or to make
any necessary repairs in accordance with the requirements of this Agreement
within the time indicated in writing by the City Manager or its designee, the 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 the City in making such removals, corrections or repairs, shall be paid
for out of any monies due or which may become due to Contractor. In the event of
failure of Contractor to make all necessary repairs promptly and fully, which is not
cured in the cure period, the City may declare Contractor in default.
93 If, within one (1) year after the date of completion of Services 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(s) of
this Agreement, any of the work is found to be defective or not in accordance with
this Agreement, Contractor, after receipt of written notice from the City or its designee,
shall promptly correct such defective or nonconforming work within the time specified
by the City without cost to the City. Nothing contained herein shall be construed to
establish a period of limitation with respect to any other obligation which
Contractor might have under this Agreement including but not limited to any clairn
regarding latent defects.
9.4 Failure to reject any defective work or material shall not in any way prevent
later rejection when such defect is discovered, or obligate the City to final
acceptance.
Tam ContTauirig hic.
City of Sunkv Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
9.5 Where the City or its designee becomes aware of faults, defects or non -conformity
in any of the work provided under this Agreement or with the work being
performed by the Contractor, the City or its designee shall issue a Notice to Cure
to the Contractor for correction. In no event shall the failure. of the City of its
designee to bring to the attention of the Contractor of such faults act as a waiver or
release the Contractor from responsibility or liability for such fault, defect or non-
conforming work.
10. TER-NUNATtON AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill. in
a timely i-nanner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to ten-ninate the
Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may temninate
this Agreement, and the City shall receive a refund from the Contractor in an amount
equal to the actual cost of a third party to cure such failure. If Contractor fails,
refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
(ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined.
B. Termination for Convenience of QjtL The City may, for its convenience and without
cause terminate the Services then remaining to be performed at any time by giving
Contractor ten (10) days written notice. The terms of Paragraph I I A(i) and A(ii)
above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in,
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
I I. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of ten (10) years subsequent to that date upon which the
Contractor shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor tinder this Agreement,
Team ContTacting Inc. 6
+Cftl of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
any information which the City designates in writing as "confidential." As a violation by the
Contractor of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any other
remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions.
12. JURISDICTION, VENUE AND WAIVER OF JURY TRIAD This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of Florida.
All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed
by the City pursuant to Section 768.28, Florida Statutes.
13. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered avail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or
registered mail, first class postage prepaid, return receipt requested or by overnight delivery by
traditionally recognized courier service), addressed to such party as follows:
If to the City: Christopher J. Russo
City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Fourth Floor
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1776
If to the Daniel A. Gel1
Contractor: V,P./Sr, Project Manager
Team Contracting, Inc.
13911 SW 42nd Street, Suite 209
Miami, FL 33175
dgell@, canl-c_ontracting,coiu
305 207-9799 ext 205
With a Copy to: -
Edward Dion, Esq,
City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Fourth Floor
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1766
14. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
Team Coi wofine ins:. 7
Cify of Suniky Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
(i) Contractor shall keep and maintain public records required t%v the City to perform the
service.
(ii.) Upon request from the City, Contractor shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at, a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided
by law,
(iii.) Contractor shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor does not
transfer the records to the City.
(iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all
public records in possession of the Contractor or keep and maintain public records required by the
City to perform the service. If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the contract, the Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided by Contractor to the City, upon request from the City, in a format that is compatible with
the information technology systems of the City.
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 CITY"S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@NIM.net, 18070 Collins Avenue, 4 kh
Floor, Sunny Isles Beach, Florida 33160.
15. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of three (3) years.
16. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title `"III of
the Civil Rights Act of 1968 as amended, Title I of the Housing and Community Development
Act of 1974 as amended, Section 504 or the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as an -tended by Executive Orders 11375 and 12086. The Contractor will
not discriminate against any employee or applicant for employment because of race, color, creed,
religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or
status with regard to public assistance.
The Contractor will take affirmative action to ensure that all employment practices are free from
such discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination.,
rates of pay or other forms of compensation, and selection for training, including apprenticeship.
The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause, The Contractor agrees to comply with any Federal regulations issued
Team C 0 h W 0 1 i LI_Lx 110.
City of Sunkr Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which
prohibits discrimination against the handicapped in any Federally assisted program.
17. ' CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami -Dade County Conflict of Interest Ordinance Section 2-11. 1, as amended; and by the
City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder, The Contractor
covenants that it presently has no interest and shall not acquire any interest, directly or indirectly
which should conflict in any manner or degree with the performance of Services under this
Agreement. The Contractor further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Contractor. The Contractor
guarantees that he/she has not offered or given to any -member of, delegate to the Con. gross of the
United States, any or part of this contract or to any benefit arising therefrom.
18. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, the Contractor agrees to indemnify and hold-harinless the City, its agents, representatives,
officers, directors, officials and emplo, yees from any claims, liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney fees to the extent cause, in, whole or in part, by
the professional negligence, error or omission of the Contractor or persons employed or utilized
by the Contractor in performance of Services under this Agreement.
Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend
or pay for an attorney selected by the City to defend City, its agents, representatives, officers,
directors, officials and employees from and against any and all causes of action, demands, clairris,
losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses,
caused or alleged to be caused by the intentional or negligent act of or omission of Contractor,
including those of their employees., agents, servants, or officers, or accruing, resulting from, or
directly related to the subject matter of this Agreement including, without limitation, any and all
claims, losses, liabilities, expenditures, dernands or causes of action of any nature whatsoever
resulting froth injuries or damages sustained by any person or property. Ian the event any lawsuit
or other proceeding is brought against City by reason of any such claim, cause of action or demand,
Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by
counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by City, any sum, due Contractor under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject
to payment of interest by City. The parties agree that One ffundred Dollars (SIG0.00) represents
specific consideration to the Contractor for the indemnification set forth in this Agreement.
19. COMPLIANCE NVITH LAW. Contractor shall comply with. all taws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement,
Team Conwetlag lime. 9
City of Suniky Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
20. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
supersede and take priority over any inconsistent or conflicting provisions that are contained in
any other document, including but not limited to Exhibit "A" and 111311.
211. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is
listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of
Israel is prohibited. Consultants must certify that the company is not participating in a boycott of
Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be
terminated at the City's option if it is discovered that the entity submitted false documents of
certification, is listed on the Scrutinized Companies
with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged ill
business operations in Cuba or Syria after July 1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option. if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Consultants must submit the certification that is attached to this agreement as
Exhibit "C". Submitting a false certification shall be deemed a mated at breach of contract. The
City shall provide notice, in writing, to the Consultant of the City's determination concerning the
false certification. The Consultant shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination was in error. If the Consultant does
not demonstrate that the City's determination of false certification was made in error, then the
City shall have the right to terminate the contract and -seek civil remedies pursuant to Florida
Statute Section 287.135.
22. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions
had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be dectned an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D . Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing, and signed by the party granting such waiver.
Z�
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
Team Conwairt_a Inc.
C'4 , r�J`.�'unny lsles Beach 18070 C`ollim Aymuc, Sunny isles Beach, Florida 33160
(305) 947-0606 phone (:305) 9619-3113Fax
Signature
G � a o G'
Print Mime
TEAM CONTRACTING, INC.
/ - L-44 I
Daniel A., Ciell, V,V.1Sr. Project ifanager
CITY OF.SUNNYASLI S BEACH
BY, 7 BY,
Mau is o 8 ttIlicttr, Gear c Scholl, Imayor
C NIC City 'Ierk
APPIit[,lf'VED AS TO FORM
AND LEGAL SU F1[
13Y; BY.,
Dcpl urtiiwnt Hi±ad ridward . Dion, City. Attorney
T0311 C1 urraCtfim ltte.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 941-0606 phone (305) 949-3113 Fax
EXHIBIT "A"
Sourcewell Vk/a the National Joint Powers Alliance or NJPA., issued Invitation for Bid
("IFB") FL-SEA-GC04-041019 and award of an indefinite quantity construction
agreement to Contractor beginning May 1, 2019, and renewal, thereof
T,L= Conwetirig Inn. 12
Doc uSign Envelope ID: CE8BB14E-SC80-4461-8035-FC9480AAADS4
Sourcewell
FormerLy NJ rA
INDEFINITE QUANTITY CONSTRUCTION AGREEMENT
IFB NUMBER: FL-SEA-GC04-041019
GEOGRAPHIC AREA: Southeast Florida Area
This Agreement dated May 1, 2019 , by and between Sourcewell (Formerly NJ PA) and
Team Contracting, Inc. at the following address, 13911 SW 42nd Street, Suite
209, Miami, FL 33175 hereinafter referred to as the CONTRACTOR.
WITNFSSETH: Sourcewell and CONTRACTOR for the consideration hereafter agree as follows:
ARTICLE 1. CONTRACT DOCUMENTS
A. Contract Documents, This Agreement; the IFI3 Documents; (Book 1 - Project Information, Instructions to
Bidders and Execution Documents; Book 2 - IQCC Standard Terms and Conditions and General Conditions;
Book 3 - Construction Task Catalog (CTC), Book 4 - Technical Specifications, Book 5-Invitation for Bid Forms)
and Addenda thereto, all payment and performance bonds (if any), material and workmanship bonds (if
any); wage rate decisions and certified payroll records (if any); Notice of Award; all modifications issued
thereto, including Supplemental Purchase Orders/Change Orders and written interpretations and all
Purchase Orders and accompanying documents (Requests for Proposals, Detailed Scopes of Work, Purchase
Order Proposals, etc.) issued hereunder.
B. The terms and conditions of a Purchase Order issued by a Sourcewell Member In connection with any
Project, including supplemental technical specifications referenced therein, shall govern.
C. The Contractor shall, within two (2) business days of receipt of a Purchase Order from a Sourcewell
Member, provide notification to Sourcewell or their designated representative of each Purchase Order
by forwarding a copy of the Purchase Order via email to PO@E?IOC,com or via facsimile to (864) 233-
9100
D. The Contractor shall, within two (2) business days of sending an Invoice to a Sourcewell Member,
provide notification to Sourcewell or their designated representative of each Invoice by forwarding a
copy of the Invoice via email to Invoice@ E21C.lUoryl or via facsimile to (864) 233-9100,
ARTICLE 2. SCOPE OF WORK
A. The Contractor shall provide the services required to develop each Purchase Order in accordance with
the procedures for developing Purchase Orders set forth in the IQCC Standard Terms and Conditions and
the Contract Documents.
B. Each Purchase Order developed in accordance with this Agreement will be issued by an individual
Sourcewell Member, The Purchase Order will require the Contractor to perform the Detailed Scope of
DocuSlgn Envelope ID: CE8BB14 -SCOO-4A61-8095-FC9R80AAAD5a
Work within the Purchase Order Completion Time for the Purchase Order Price.
C. It is anticipated that the Contractor will perform Work primarily in the Geographic Area set forth above.
However, the parties may agree that the Contractor can perform Work in a different Geographic Area at
its current Adjustment Factors.
ARTICLE 3. THE AGREEMENT PRICE
A. This Agreement is an indefinite -quantity contract for construction work and services. The Estimated
Annual Value of this Agreement is $2,000,000. This is only an estimate and may increase or decrease at
the discretion of Sourcewell.
B, The Contractor shall perform any or all Tasks in the Construction Task Catalog for the Unit Price
appearing therein multiplied by the following Adjustment Factors:
TO BE ENTERED BY SOURCEWELL:
a. Normal Working Hours Prevailing Wage: Work performed from 7:00arn until 4:OOpm Monday to
Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit
Price set forth in the CTC multiplied by the Adjustment Factor of:
x.lz�x
(Specify to four (4) decimal places)
b. Other Than Normal Working Hours Prevailing Wage: Work performed from 4.00pm to 7:00am
Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks
during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the
Adjustment Factor of:
1.1399
(Specify to four (4) decimal places)
c, ikon Pre -priced Adjustment Factor: To be applied to Work deemed not to be included in the CTC
but within the general scope of the work:
i.zlss
(Specify to four (4) decimal places)
ARTICLE 4. TERM OF THE AGREEMENT
A. This Agreement has an initial term of one (1) year and a bilateral option provision for two (2) additional
terms. The total term of the Agreement cannot exceed three (3) years. One additional one-year
renewal -extension may be offered by Sourcewell to Contractor beyond the original three-year term if
Sourcewell deems such action to be in the best interests of Sourcewell and its Members. The Contractor
may withdraw from the Agreement on each anniversary of the award, provided that the Contractor
,gives 60 [lays written notice of its intent to withdraw. Sourcewell may, for any reason, terminate this
Agreement at any time.
B. All Purchase Orders issued during a term of this Agreement shall be valid and in effect notwithstanding
that the Detailed Scope of Work may be performed, payments may be made, and the guarantee period
DocuSlgn Envelope 9D: CE9BBl4E-5C80-4461-8035-FC9480AAAD54
may continue, after such term has expired. All terms and conditions of the Agreement apply to each
Purchase Order,
ARTiCLE S. SOFTWARE LICENSING
A. Sourcewell selected The Gordian Group's (Gordian) software, data and services (IQCC System)
for their IQCC program. The system includes Gordian's proprietary ealQC, eGordian and Bid
Safe IQCC applications (IQCC Applications) and construction cost data (Construction Task
Catalog), which shall be used by the Contractor to prepare and submit Price Proposals,
subcontractor lists, and other requirements specified by Sourcewell and Sourcewell Members.
The Contractor's use, in whole or in part, of Gordian's IQCC Applications and Construction Task
Catalog and other proprietary materials provided by Gordian for any purpose other than to
execute work under this Agreement for Sourcewell and Sourcewell Members is strictly
prohibited unless otherwise stated in writing by Gordian. The Contractor hereby agrees to
abide by the terms of the following IQCC System License:
ARTICLE 6. IQCC SYSTEM LICENSE
A. Gordian 'hereby grants to the Contractor, and the Contractor hereby accepts from Gordian for the term
of this Agreement or Gordian's contract with Sourcewell, whichever Is shorter, a non-exclusive right,
privilege, and license to Gordian's proprietary IQCC System and related proprietary materials
(collectively referred to as "Proprietary Information") to be used for the sale purpose of executing
Contractor's responsibilities to Sourcewell and Sourcewell Members under this Agreement ("Limited
Purpose'). The Contractor hereby agrees that Proprietary Information shall include, but is not limited to,
Gordian's IQCC Applications and support documentation, Construction Task Catalog, training materials,
marketing materials and any other proprietary materials provided to Contractor by Gordian. in the event
this Agreement expires or terminates as provided herein, or the Gordian's contract with Sourcewell
expires or terminates, this IQCC System License shall terminate and the Contractor shall return all
Proprietary Information in its possession to Gordian.
B. Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary rights to the
Proprietary Information, including all U.S. and international intellectual property and other rights such
as patents, trademarks, copyrights and trade secrets. Contractor shall have no right or interest in any
portion of the Proprietary Information except the right to use the Proprietary Information for the
Limited Purpose set forth herein. Except in furtherance of the Limited Purpose, Contractor shall not
distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide
access to, use or sell, directly or indirectly (including in electronic form), any portion of the Proprietary
Information.
C. Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets, and other
proprietary rights of Gordian in the Proprietary Information during and after the term of this
Agreement, and shall at all times maintain complete confidentiality with regard to the Proprietary
Information provided to Contractor, subject to federal, state and local laws related to public disclosure.
Contractor further acknowledges that a breach of any of the terms of this Agreement by Contractor will
result in irreparable harm to Gordian for which monetary damages would be an Inadequate remedy, and
Gordian shall be entitled to injunctive relief (without the necessity of posting a bond) as well as all other
monetary remedies available at law or in equity. In the event that it becomes necessary for either party
to this IQCC System License to enforce the provisions of this Agreement or to obtain redress for the
breach or violation of any of its provisions, whether by litigation, arbitration or other proceedings, the
DocuSlgn Envelope ID: CB8BB14r-5Ca44dfi1-BO36-FC9480AAAD54
prevailing party shall be entitled to recover from the other party all casts and expenses associated with
such proceedings, including reasonable attorney's fees.
D. in the event of a conflict in terms and conditions between this IQCC System License and any other terms
and conditions of this Agreement or any Purchase Order, order or similar purchasing document
(Purchase Order) issued by Sourcewell or a Sourcewell Member, this IQCC System License shall take
precedence.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above
written.
By: Sourcewell
Qu4wRitlnrI by;
T•` l �I.IrNM Wf `�
+: �rrra.,i:3aocc�aa...
Authorized Signature
Jeremy Schwartz -Director of Operations & Procurement/CPO
Print Name
Contractor
COccuSlgnctl+by:
!eh$ V. A
MFIARSUFF«F
Authorized Signature
Rodoifo L. Ayan-Vice President
Print Name
Contract Number: FL-SEA-GC04-041019-TCI (assigned by Sourcewell)
Docu$lgn Envelope 1D., 7ME42313-0657-41312-8AI Q-9A5n814855D
ANNUAL RENEWAL AND MODIFICATION OF AGREEMENT
made by and between
Team Contracting, Inc.
13911 SW 42nd St. Suite 209
Miami, FL 33175
and
Soureewell
202 12th Street NE
PO Box 219
Staples, NIN 56479
Phone: (219) 894-1930 or (888) 894-1930
Whereas: "Vendor" and "Sourcewell" have entered into 1) an "Acceptance of Bid and IFB FL-SEA-GC04-041019-'1'C1"
with an effective date of May 1, 2019, a maturity date of April 30, 2022, and which are subject to annual renewals at the
option of both, parties.
MODIFICATION: FIRST RENEWAL OPTION PERIOD
Pursuant to the agreement between the parties, the following are the Adjustment Factors for the next option period:
Base Year
Date
Index
I
March 2018
10958.79
2
April 2018
10971,91
3
May 2018
11012.77
4
June 2018
11067.00
5
Ally 2018
11116.07
6
August 2018
11124.49
7
September 2018
11169.87
8
October 2018
11169.68
9
November 2018
11183.93
10
December 2018
11185,44
------- --- --- ----
I I
January 2019
11205.73
12
Februaq 2019
11217.90
Base Average
11115.2983
Option Year
Date
Index
I
March 20 t 9
1122T88
2
April 2019
11228.07
3
May 2019
11229.99
4
June 2019
11268.49
5
July 2019
11291.80
6
AUgUSI 2019
11311.06
7
September 2019
11311.24
8
October 2019
11326.12
9
November 2019
11380,83
10
Deceniber2019
11381,53
11
January 20220
11392,41
12
February 2020
11396,011
Option Average
11312.1183
Nice Adjustment: First h-ar Index A_vgr gg
11312,1183 1.0177
Bast! Year Index Average 11115.2983
DaeuSign Envelops ID: 7ME423B-05574B12-8A1G 9A589t114855D
AWARD MULTIPLIER
X PRICE ADJUSTMENT
- OPTION
MULTIPLIER
FL-SEA-CC04-04- 1019-TCI
Non-prepriced
1.2156
1.0000
1.2156
Normal Working Hours Prevailing
1.129t
L017 i
1,1491
We gus
Other Than Normal Working Hour
Prevailing Wages
L1399
1.0177
1,1601
Now therefore-,
"Vender" and "Sourcewell" hereby desire and agree to extend and renew the above defined contracts and with the above
identified modifications for the period of kIay 1, 2020 through April 30, 2021.
by
I 1i1t+w� Sdtu+ i-)
By.
fi:n9d1MT7(WA
Name printed or typed.
Date:3/17/2020 1 3:00 PM COT
, Its: Director of Cooperative Contracts and ProcurementlCP0
Jeremy Schwartz
,Tenm CnntWctrn,,rar _#F!-Sh'A-GfY14-114P11i9-T'Cl
U. .Me rl
I3V D °I� t' ` U Its: Executive vice President
Name printed or typed; Rodol fa t_ . Ayan
Date; 3/17/2020 1 2 ; 51 PM CDT
It you do not want to extend contract, please sign below' and return this agreement.
Discontinue: 4Ve desire to discontinue the contract.
Signature. , Bate.
Sourcewell �7-
Formexty NJPA
INVITATION FOR BID (IFB) DOCUMENTS
Contractor —Open Market
SOLICITATION NO.
See Solicitation Tables
Florida ezlQC
Northwest (Panhandle), Northeast, West Central, and
Southeast Areas of Florida
Indefinite Quantity Construction Contract
SourceweIf!
Formerly NJPi%
202 12th Street NE
Staples, MN 56479
Mr. Corey Jansen
ezlQC Contract Administrator
ezicic@sourcewell-mn.gov
March 2019
202 12th Strer-t HiE I P.O. Box 2.19 1 Staples, MN 543479 888-85)4-1930 1 wamsource-cell-mural.,
U
SOLIrCC''lll ell I
Furmeary NJPA
INDEFINITE QUANTITY CONSTRUCTION CONTRACT
(IQCC)
Invitation for Bid (IFB)
Solicitation Table
Northwest (Panhandle) Florida Area
Solicitation
Geographic
Bid Clue Date
Bid
Estimated
Maximum
Number
Trade
Area
and Time
Deposit
Annual Value
Terra
FL-NWA-GC01-
General
Northwest
4.30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NWA-GCO2-
General
Northwest
4 30 PM C
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NWA-GC03-
General
Northwest
4:30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NWA-GC04-
General
Northwest
4:30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NWA-GC05-
General
Northwest
4:30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NWA-GC06-
General
Northwest
4:30 PM CT
$25,000
$2,000,00q
3 Years
041019
Construction
Florida
04/10/2019
FL-NWA-GC0 -
General
Northwest
430 PM CT
$25,000
$2,a00,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NWA-GC08-
General
Northwest
430 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NWA-MC01-
Marine
Northwest
4:30 PM CT
$25,000
$2,000,000
Years
041019
Construction
Florida
04/10/2019
FL-NWA-MCO2-
Marine
Northwest
430 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NWA-MC03-
Marine
Northwest
4:30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NWA-1)01=
Paving
Northwest
4.30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NWA-P02-
Paving
Northwest
4:30 PINT CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/1012019
FL-NWA-R01-
Roofing
Northwest
430 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NWA-R02-
Roofing
Northwest
4;30 PM CT
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019$25,000
FL-NWA-UG1-
Underground
Northwest
4�30 PM C�-
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/1012019
FL-NWA-UG2-
underground
Northwest
430 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
See Section Three (3) for Map and list of Geographical Area
202 12th Street HT I P.O. Box 219 I Staptes, NIN r6479 1 ' 6'.nw"1.Sf}I.JfCa1h'8II-fTll1.�GV
Sourcewell!7�
FormeTty NJPA
INDEFINITE QUANTITY CONSTRUCTION CONTRACT
(IQCC)
Invitation for Bid (IFB)
Solicitation Table
Northeast Florida Area
Solicitation
Geographic
Bid Due Date
Bid
Estimated
Nlaximurn
Number
Trade
Area
and Time
Doposit
Annual Value
Term
FL-NEA-GC01-
General
Northeast
430 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NEA-GCO2-
General
Northeast
4.30 PM CT
$25,000
$2,000,000
Years
041019
Construction
Florida
04/10/2019
.3
FL-NEA-GC03-
General
Northeast
4,30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
F L- N EA-GC04-
General
Northeast
430 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NEA-GC05-
General
Northeast
4,30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
F L- N EA-GC06-
General
Northeast
4.30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NEA-GC07-
General
Northeast
4:30 PM CT
$25,000
$2,00Q10DO
3 Years
041019
Construction
Florida
04/10/2019
FL-NEA-G,C08-
General
Northeast
4:30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04110/2019
FL-NEA-MC01-
Marine
Northeast
4.30: PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NEA-MCO2-
Marine
Northeast
4:30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NEA-MC03-
Marine
Northeast
430 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NEA-P01-
Paving
Northeast
430 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/70113
FL-NEA-P02-
Paving
Northeast
430 Pilo CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/Z019
FL-NEA-R01-
Roofing
Northeast
4:30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NEA-R02-
Roofing
Northeast
4:30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-NEA-UG1-
Underground
Northeast
4.30 PM CT
$25,000
$2,()00,000
3 Years
041019
Construction
Florida
04/1012019
FL-NEA-UG2-
Underground
Northeast
4.130 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
See Section Three (3) for Map and list of Geographical Area
202 12th Street HE I P.O. Box 219 1 Staples, NIN SA-479 888-8q4-1930 1
o U IrCe'V ell ; {
F.)rme;ty NJPA
INDEFINITE QUANTITY CONSTRUCTION CONTRACT
(IQCC)
Invitation for Bid (IFB)
Solicitation Table
'blest Central Florida Area
Solicitation
Geographic
Bid Due Date
laid
Estimated
Maximum
Number
Trade
Area
and Time
Deposit
AnnUaI Value
Term
FL-WCA-GCO1-
General
West Central
4:30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL- WC,A-GCO2-
General
West Central
4:30 Pm CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL- WCA -GCO3-
General
West Central
43O PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
O4/1O/2O19
FL- WCA -GCO4-
General
West Central
4.30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL- WCA -GCOS-
General
West Central
4:30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL- WCA -GCOG-
General
West Central
430 PM CT
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019$25,00O
FL- WCA -GCO7-
General
West Central
4:30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL- WCA -GCO8-
General
West Central
4.30 PM CT
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019$25,000
i
FL- WCA - CO1-
Marine
West Central
4:30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
O4/1O/2O19
FL- WCA -MCO2-
Marine
West Central
4,30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/1012019
FL- WCA -MCO3-
Marine
'West Central
4,30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-WCA-PO1-
Paring
West Central
4.30 PM CT
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019$25,000
FL- WCA -13O2-
Paring
West Central
4:30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/ 0/2O19
FL-'WCA -ROI-
Roofing
West Central
4:30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/1012019
FL- WCA -RO2-
Roofing
West Central
4:30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
O4/1O/2019
FL- WCA -UG1-
Underground
West Central
4.30 Phil Cr
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL- WCA -UG2-
Underground
West Central
430 PM Cl
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/102019
See Section Three (3) for Map and list of Geographical Area
202 12th Stmet K I P.O. Box 21.9 1 Staples, MN S6,179 8SM94-1913 I
Sourcewell
FormeTty NJPA
INDEFINITE QUANTITY CONSTRUCTION CONTRACT
(IQCC)
Invitation for Bid (IFB)
Solicitation Table
South-east Florida Area
Solicitation
Geographic
Bid Due Date
Bid
Estimated
Maximum
Number
Trade
Area
and Time
Depc)sit
Annual Value
Term
-FL-SEA-GC01-
General
Southeast
4.30 Pm CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-SEA-GCO2-
General
Southeast
430 Pm CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-SEA-GC03-
General
Southeast
430 Pm CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-SEA-GC04-
General
Southeast
430 Pm CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-SEA-GC05-
General
Southeast
430 Pm CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-SEA-GC06-
General
Southeast
4:30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-SEA-GC07-
General
Southeast
4.30 PM CT
$25,DOO
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-SEA-GC08-
General
Southeast
430 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-SEA-MC01-
Marine
Southeast
4:30 Pm CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-SEA-MC01-
Marine
Southeast
4:30 Pm CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-SEA-MC01-
Marine
Southeast
4,30 Pm CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-SEA-P01-
Paving
Southeast
430 Pm CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-SEA-P02-
Paving
Southeast
430 Pm CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-SEA-1101-
Roofing
Southeast
4:30 Pm CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
04/10/2019
FL-SEA-1102-
Roofing
Southeast
4.30 Pm CT
$25,000
$2,OOQ,000
3 Years
041019
Construction
Florida
04/10/2019
FL-SEA-UG1-
Underground
Southeast
4.30 PM CT
$25,000
$2,000,000
3 Years
041019
Construction
Florida
1 04/10/2019
1
1
1
FL-SEA-UG2-
Underground
Southeast
1 4.30 PM CT
$25,000
1
$2,000
3 Years000
1
041019
Construction
Florida
04/1012019
,
See Section Three (3) for Map and list of Geographical Area
202 12th strept 1,11T. 1 P.O. Box 219 1 Staples, NIN S6479 1 wv�w.sotirc-eL,,lc!ll-rTin.,rclv
Sou rcewel I
Formerly NJPA
Bids for all contracts covered by this solicitation are due by
4.30 PM CT on April 10, 2019
At the offices of
Sourcewell
20212th Street NE, Staples, MN 56479
Sourcewell formerly known as the National Joint Powers Alliance or NJPA, issues this Invitation for Bid
(IFB), jointly and on behalf of, and to provide Indefinite Quantity Construction Contracting (IQCC)
services to, all current and potential Sourcewell Members including all government agencies, education
agencies to include colleges and universities, and non-profit agencies in the State of Florida. Each
contract has an initial term of one (1) year and bilateral option provision for two (2) additional one-year
terms. The Estimated Annual Value per contract is $2,000,000.00.One additional six-month renewal -
extension may be offered by Sourcewell to Vendor beyond the original three year term if Sourcewell
deems such action to be in the best interests of Sourcewell and its Members.
This IFB consist of five Books:
Book 1: Project Information, and Instructions to Bidders
Book 2: IQCC Standard Terms and Conditions, General Terms and Conditions
Bonk 3: Construction Task CatalogO
Book 4: Technical Specifications
Book 5: Bid Forms
IQCC is a contracting procurement system that provides facility owner's access to contractors to provide
immediate construction, repair and renovation services over an extended period of time.
Intending bidders are required to attend a pre -bid seminar which shall be conducted for the purpose
of discussing the IQCC procurement system, the contract documents, and bid forms. Attendance at
one of the below seminars is a mandatory condition of bidding.
03/14/2019 @ 9:00 AM
Hilton Garden Inn Tampa North
13305 Tamp Oaks BLVD.
Temple Terrace, FL 33637
03/18/2019 @ 2:30 PM
Hilton Garden Inn Boca Raton
8201 Congress Ave
Boca Raton, FL 33487
03/19/2019 @ 2:30 PM
Hilton Garden Inn Jacksonville Airport
13503 Ranch Rd.
Jacksonville, FL 32218
03/18/2019 @ 9:00 AM
Embassy Suites by Hilton Miami International Airport
3974 NW South River Drive
Miami, FL 33142
03/19/2019 @ 9.00 AM
Hilton University of Florida Conference Center Gainesville
1714 SW 34"' St
Gainesville, FL 32607
03/20/2019 @ 9:00 AM
Holiday Inn & Suites Tallahassee Conference Center North
2725 Graves Rd.
Tallahassee, FL 32303
03/21/2019 @ 9:00 AM
Hampton Inn & Suites Pensacola 1-10 North at University Town Plaza
7050 Plantation Rd.
Pensacola, FL 32504
202 12th strut KF I P.D. BGX 21.'] I Staples, NIN 56479 888-894-193-5 1 yraw.s wca-t+,1eli-rnn.gpv
F-
FourneTty PUPA
Intending bidders can pre -register for the pre -bid seminar by visiting our website at www.sourceweli-
rnrt.gov/solicitations.
An electronic copy of the IFB Documents which include the instructions for submitting a bid and the bid
documents may be obtained by letter of request to Procurement Department, Sourcewell, 202 1211'
Street Northeast, P.U. Box 219, Staples, MN S6479, or by Visiting wL4w,sourc€well-mil.gov/solicitations
selecting the desired solicitation from the open solicitations list and completing the bid document
request form at the bottom of the page. All requests must include; mailing address, email address,
contact name, phone number. Upon receipt of the request, Sourcewell will send complete instructions
on obtaining the bid documents electronically. Bids are due by 4:30 p.m. Central Time on April 10, 2019
and will be opened at 9:00 a.m. Central Time on April 11, 2019. IFB Documents will be available until
April 11, 2019.
Direct questions regarding this IFB to: e?igc@sourcewell-mn.gov
20212th StrQet RE I P.G_ Box 7.1�) 1 Staples, MN 5G479 888 49-1-193-J I vrt^.t^�.s^atarcetr ell-rnn.;aev
BOOK 1
Project Information, and Instructions to Bidders
SOLICITATION NO.
See Solicitation Tables
Florida ezlQC
Northwest (Panhandle), Northeast, West Central, and
Southeast Areas of Florida
Indefinite Quantity Construction Contract
Sourcewell
rorm«iy NJPA
20212th Street EVE
Staples, MN 56479
Corey Jensen
ez1QC Contract Administrator
e&1c@sourcewo11-rnri.gov
March 2019
This page intentionally left blank
BOOK 1
Table of Contents
SECTION ONE - PROJECT INFORMATION ............ ............... ............ ...... .................. ................. -..I ... 3
1. DEFINITIONS, ....... - .......... ...... 1. -44 . . 1+4 + 4. 1-441-41-44- Ill. 4.111411 444 4 44-1-4 - I-. , I I_ . 3
2. ABOUT SOURCEWELL (Formerly NIPA).......................................................................4
3.
DEFINED GOALS OF THE IFB........................................................................................5
4.
IQCC OVERVIEW ................... ............ ,.................................. ....... ,............................... 5
5.
GEOGRAPHIC AREAS....................................................................................................8
6.
THE IFB DOCUMENTS..................................................................................................8
7.
QUALIFICATION OF BIDDERS ............ .... ....... .,.......... ...... ....... ..... .............. ..... ..... ....8
8.
AWARD........................................................................................................................8
9.
ASSIGNMENT OF WORK..............................................................................................9
10.
ORDER OF PRECEDENCE OFTHE COMPONENTS OF THE CONTRACT DOCUMENTS.11
SECTION TWO - INSTRUCTIONS TO BIDDERS................................................................................12
1.
GENERAL INFORMATION...........................................................................................12
2.
SOLICITATION OF IFB........................................................................I......................1.12
3.
ADVERTISING OF SOLICITATION- .................. -I ........ .... 4-1.1111.1.1--l-1-13
4,
QUESTIONS., ........ I ... III ........... I ... Il ... 1- ... I ....... 1 ............ - ........... I ... 1.4 ... 14 .... 1.1 ...........
13
5.
PRE -BID SEMINAR......................................................................................................13
6,
ADDENDA TO THE IFB DOCUMENTS.,.......................................................................13
7.
BID DEPOSIT....., ............................................................ ............................. I .......
13
8.
810 SUBMISSION PROCESS........................................................................................14
9.
BID TRANSMITTAL...................I........................ ..,...............................,.....,.....14
10.
CONTRACTORS MANAGEMENT PLAN.......................................................................15
11.
BID PRICING ........ ........................ ..... ....... >..... .................. ......,....................................
17
12.
MODIFICATION OR W17HDRAWAL OF A SUBMITTED BID.........................................18
13.
BIDDER RESPONSIVENESS AND RESPONSIBILITY ..... ........... ................... ......,,,..........18
14.
CERTIFICATION..........................................................................................................1.8
15.
PROTESTS ..... ...... ............ ........................ .................. ,................................... .>.....,....
.18
16.
PUBLIC RECORD.........................................................................................................19
17.
PREVAILING WAGE RATES AND PARTICIPATION REQUIREMENTS ............................19
18.
MARKETING REQUIREMENT......................................................................................19
19.
MEMBER SIGN-UP PROCEDURE ..... .......... ..... .............. .............. .... I....... 1.,....,1- ........
20
20.
FEES.,_ .... I+l- .... I ..... I ...... 1- ...... 4 ...... .. .......... I ........ I .... I ........ .... I+, .... I ........ 120
21.
TAXES... ................... .... l ..... l .............................................. . .......... . ...................... .....
11
22.
PHYSICAL PRESENCE..........................................................................................................21
23.
SELF PERFORMANCE REQUIREMENT..............................................................................21
March 2019 'f able of Contpnt 1
SECTION 3 - GEOGRAPHIC MAP OF SOURCEWELL CONTRACT AREAS.........................................22
EXHIBIT A: GEOGRAPHIC MAP OF SOURCEWELL CONTRACT AREAS .............................22
azIOCO, uGordla0, Bid Safe"' and Construction Task CatalogO are trademartca of
The Gordian Group, Inc.
M,irch 2019 Table of Content.,
SECTION ONE - PROJECT INFORMATION
1. DEFINITIONS
1.1 Sourcewell: Sourcewell, formerly known as the National Joint Powers Alliance or NJPA, is
a local government unit, public corporation and public agency pursuant to the Minnesota
Constitution and enabling law Minnesota Statutes Section 123A.21 with the authority to
develop and offer, among other services, cooperative purchasing and joint purchasing
services to its membership. Eligible membership and participation includes states, cities,
counties, all government agencies, both public and non-public educational agencies,
colleges, universities, and non-profit organizations.
11 Joint Exercise of Powers. Sourcewell cooperatively shares those contracts with its
Members nationwide through various joint exercise of powers laws established in
Minnesota and applicable laws in other states. The Minnesota joint exercise of powers
law, Minnesota Statutes Section 471.59, states "Two or more governmental units . , , may
jointly or cooperatively exercise any power common to the contracting parties.. . ."
Similar joint exercise of powers laws may exist within each state of the United States. The
Minnesota law allows Sourcewell to serve Member agencies located in all other states.
Municipal agencies nationally have the ability to participate in cooperative purchasing
activities as a result of specific laws of their own state. These laws can be found on the
website atwww.sourcewelkmn.gav/cornpliance-legal.
1.3 Sourcewell Members:
1.3.1 Potential Sourcewell Members: A Potential Sourcewell Members is defined as
any public or private educational agencies including colleges and universities,
districts or school boards, and any governmental unit including a city, county,
town, political subdivision of Minnesota or another state, and any agency of the
State of Minnesota or the United States, any instrumentality of a governmental
unit, and any non-profit. Membership in Sourcewell is required to participate in
any Sourcewell Contract. Any current or potential Member of Sourcewell who is in
compliance with the terms and conditions of membership, shall have the caption
and freedom to access any of the procurement contracts of Sourcewell.
1.3.2 Sourcewell Member: A Sourcewell Member is defined as an entity that has an
executed membership agreement with Sourcewell.
1.4 Purchase Order: Purchase Orders for construction and services may be executed between
Sourcewell or Sourcewell Members and the Contractor pursuant to this Invitation for Did
and the resulting Agreement.
1.4.1 Governing Law: Purchase Orders, as identified above, will be construed in
accordance with, and governed by, the Laws of a competent jurisdiction with
respect to the Sourcewell iVlember. Each and every provision of law and clause
required by law to be included in the Purchase Order will be read and enforced as
though it were a part of the contract. In the event a legally required provision is
not included, parties may amend the Agreement to mare such inclusion or
correction. The venue for any litigation arising out of disputes related to Purchase
March 2019 �ectior7 T m — instructions tD Bidders
Order(s) will be a court of competent jurisdiction to the Sourcewell Member issuing
the Purchase Order.
1,4.2 Additional Terms and Conditions: Additional terms and conditions to a Purchase
order may be proposed by Sourcewell, Sourcewell Members, or Contractors.
Acceptance of these additional terms and conditions is OPTIONAL to all parties to
the Purchase Order. The purpose of these additional terms and conditions is to,
among other things, formerly introduce job or industry specific requirements of
law such as prevailing wage legislation. Additional terms and conditions can
include specific policy requirements and standard business practices of the issuing
Sourcewell Member.
1.5 Adjustment Factors: Adjustment Factors are the Contractor's competitively bid price
adjustments to the Unit Prices as published in the Construction Task Catalog, Book 3.
Adjustment Factors are expressed as an increase or decrease from the published Unit
Prices.
1.6 Construction Task Catalog (CTC): A comprehensive listing of specific construction related
Tasks, together with a specific unit of measurement and a Unit Price.
1.7 Agreement: the written Agreement between the Contractor and Sourcewell covering the
Work to be performed; and other Contract Documents incorporated in or referenced in
the Agreement and made part thereof as if provided therein.
2.1 Sourcewell is a local government unit, public corporation, and public agency pursuant to
the Minnesota Constitution and enabling law Minnesota Statutes Section 123A.21 with
the authority to develop and offer, among other services, cooperative and joint purchasing
services to its membership. Eligible membership and participation includes states, cities,
counties, all government agencies, bath public and non-public educational agencies,
colleges, universities, and non-profit organizations.
2.2 Under the authority of Minnesota state laws and enabling legislation, Sourcewell
facilitates a competitive solicitation and construction contracting process Jointly and on
behalf of the needs of itself and the needs of current and potential member agencies. This
process results in construction contracts with various Vendors of products, equipment,
and services which Sourcewell Member agencies desire to procure, These procurement
and construction contracts are created in compliance with applicable Minnesota laws. A
complete listing of Sourcewell cooperative procurement contracts can be found at
r,^aWW,S0LJrcesqell-rY7n.gov/cooperative-purchasing/contracts-veridor-se rch.
2.3 Sourcewell is governed by publicly elected officials that serve as the Sourcewell Board of
Directors. Sourcewell's Board of Directors call for all proposals, awards all contracts, and
hosts those resulting contracts for the benefit of its own and its Members' use.
2.3.1 Subject to Approval of the Sourcewell Chief Procurement Officer as Ratified by
the Board of Directors: Sourcewell contracts are awarded by the action of the
Sourcewell Chief Procurement Officer and ratified by the Board of Directors. This
action is based on the open and competitive solicitation process facilitated by
March 2019 Section Tvm — Instruction!, ta. Bidders 4
Sourcewell. The evaluation and resulting recommendation is presented to the Chief
Procurement Officer by the Bid Review Committee and ratified by the Board of
Directors.
2.4 Sourcewell currently serves over 50,000 member agencies nationally. Both membership
and utilization of Sourcewell contracts continue to expand, due in part to the increasing
acceptance of Cooperative Purchasing throughout the government and education
communities nationally.
3. DEFINED GOALS OF THEIFI3
3.1 The goal of this IFB is to establish a group of indefinite quantity construction contracts
(ICtCC) that Sourcewell and .Sourcewell Members may access to complete repair,
maintenance and minor new construction Projects at competitively bid prices. The
Contractors will perform an ongoing series of individual Projects for Sourcewell Members
at different locations primarily within the designated Geographic Area.
3.2 One of the major benefits to a Bidder is that one response may be prepared to receive a
single award that is potentially available to and accessible by many potential buyers from
government agencies, education, and nonprofit agencies throughout the Geographic
Area. The procurement activities of the Sourcewell Bid Evaluation Committee is limited to
document preparation, answering Bidder questions, advertising the solicitation,
distribution of this IFB upon request, conducting an evaluation and making
recommendation for possible approval to Sourcewell Chief Procurement Officer which is
later ratified by the Sourcewell Board of Directors. Contracts awarded through Sourcewell
are intended to comply with members' procurement laws to the best extent possible.
Sourcewell (Members are responsible to ensure that their applicable laws are satisfied.
After the award and contract phase, Sourcewell Members can issue Purchase Orders for
any amount without the necessity of preparing their own IFB, or gathering necessary
quotations. This saves Sourcewell Members time and allows for more economical and
efficient purchasing.
4. IQCC OVERVIEW
4.1 IClCC is a competitively bid indefinite quantity construction contract awarded to
Contractors to accomplish the repair, alteration, modernization, rehabilitation, and minor
new construction of infrastructure, buildings, structures, or other real property. The
Estimated Annual Value is based on the anticipated estimated annual use and the
Agreement term is one year with bilateral option terms. The IFB Documents include a
Construction Task Catalog (CTC) containing repair and construction Tasks with preset Unit
Prices. All Unit Prices are based on local labor, material and equipment prices for the
direct cost of construction. Once the Agreement is awarded, Sourcewell Members will
order Work from the CTC by issuing a Purchase Order against the Agreement.
4.2 Bidders will offer price adjustments (Adjustment Factors) to be applied to the CTC Unit
Prices. The Adjustment Factors represent either an increase to (such as 1.1000) or a
decrease from (such as 0.9800) the preset Unit Prices. The amount to be paid for the
Work ordered will be determined by: multiplying the preset Unit Prices by the appropriate
quantities and by the appropriate Adjustment Factor, The CTC and the Contractor's
Adjustment Factors will be incorporated into the awarded Agreement.
March 21019 Section Tv)Q — Instruction. to Bidders
4.3 Under IQCC, the Contractor furnishes management, labor, materials, equipment and
incidental design support needed to perform the Work.
4.4 As Projects are identified, the Contractor will jointly scope the Work with the Sourcewell
Member. The Sourcewell. Member will prepare a Detailed Scope of Work and issue a
Request for Proposal to the Contractor. The Contractor will then prepare a Proposal
Package for the Project including a Price Proposal, Schedule, list of identified
subcontractors, and other requested documentation such as cut sheets for materials. if
the Proposal Package is found to be reasonable, the Sourcewell Member will issue a
Purchase Order. The Purchase Order will reference the Detailed Scope of Work and set
forth the Purchase Order Completion Time, and the Purchase Order Price. The Contractor
shall perform the Detailed Scope of Work within the Purchase Order Completion Time for
the Purchase Order Price. Extra Work, credits, and deletions will be contained in
Supplemental Purchase Orders calculatedin the same manner.
4.5 Sourcewell, through a formal selection process, awarded a professional service agreement
to The Gordian Group (Gordian) for their IQCC program. The system includes Gordian's
proprietary ezlQC, eGordlan and Bid Safe IQCC applications (IQCC Applications) and
construction cost data (Construction Task Catalog), which will be used by the Contractor
to prepare and submit Price Proposals, subcontractor lists, and other requirements
specif led by Sourcewell and Sourcewell Members. The Contractor's use, in whole or in
part, of Gordian's IQCC Applications and Construction Task Catalog and other proprietary
materials provided by Gordian for any purpose other than to execute work under this
Agreement for Sourcewell and Sourcewell Members is strictly prohibited unless otherwise
stated in writing by Gordian. The Contractor hereby agrees to abide by the terms of the
following Gordian IQCC System License:
IQCC System License
Gordian hereby grants to the Contractor, and the Contractor hereby accepts from
Gordian for the term of this Agreement or Gordian's contract with Sourcewell,
whichever is shorter, a non-exclusive right, privilege, and license to Gordian's
proprietary IQCC System and related proprietary materials (collectively referred to as
"Proprietary Information") to be used for the sole purpose of executing Contractor's
responsibilities to Sourcewell and Sourcewell Members under this Agreement
("Limited Purpose"). The Contractor hereby agrees that Proprietary Information shall
include, but is not limited to, Gordian's IQCC Applications and support documentation,
Construction Task Catalog, training materials, marketing materials and any other
proprietary materials provided to Contractor by Gordian. In the event this Agreement
expires or terminates as provided herein, or the Gordian's contract with Sourcewell
expires or terminates, this IQCC System License shall terminate and the Contractor
shall return all Proprietary Information in its possession to Gordian.
Contractor acknowledges that Gordian shall retain exclusive ownership of all
proprietary rights to the Proprietary Information, including all U.S. and international
intellectual property and other rights such as patents, trademarks, copyrights and
trade secrets. Contractor shall have no right or interest in any portion of the
Proprietary Information except the right to use the Proprietary information for the
Limited Purpose set forth herein. Except in furtherance of the Limited Purpose,
Contractor shall not distribute, disclose, copy, reproduce, display, publish, transmit,
March 2019 Section T1,va — Instruction.5 to Bidders
assign, sublicense, transfer, provide access to, use or sell, directly or indirectly
(including in electronic form), any portion of the Proprietary Information.
Contractor acknowledges and agrees to respect the copyrights, trademarks, trade
secrets, and other proprietary rights of Gordian In the Proprietary Information during
and after the term of this Agreement, and shall at all times maintain complete
confidentiality with regard to the Proprietary Information provided to Contractor,
subject to federal, state and local laws related to public disclosure. Contractor further
acknowledges that a breach of any of the terms of this ,Agreement by Contractor will
result in irreparable harm to Gordian for which monetary damages would be an
inadequate remedy, and Gordian shall be entitled to injunctive relief (without the
necessity of posting a bond) as well as all other monetary remedies available at law or
in equity. In the event that it becomes necessary for either party to this IQCC System
License to enforce the provisions of this Agreement or to obtain redress for the
breach or violation of any of its provisions, whether by litigation, arbitration or other
proceedings, the prevailing party shall be entitled to recover from the other party all
costs and expenses associated with such proceedings, including reasonable attorney's
fees.
In the event of a conflict in terms and conditions between this IQCC System License
and any other terms and conditions of this Agreement or any Order, Purchase Order
or similar purchasing document (Purchase Order) issued by Sourcewell or a Sourcewell
Member, this IQCC System License shall take precedence.
4.6 The Sourcewell Member (or the Sourcewell Member Designated Representative), with the
assistance of Gordian, will identify Projects and develop a draft scope of the work. The
Contractor and Gordian will then assist the Sourcewell Member in developing a final scope
of work. The Sourcewell Member will then issue a Detailed Scope of Work and a Request
for Proposal to the Contractor, The Contractor will then utilize Gordian's IQCC System to
prepare a Price Proposal for the Purchase Order including a Schedule, list of identified
subcontractors, and other requested documentation such as cut sheets for materials.
Gordian will assist the Sourcewell Member with Price Proposal review, and if the Price
Proposal is found to be reasonable, the Sourcewell Member will issue a Purchase order to
Contractor. The Purchase Order will reference the Detailed Scope of Work and set forth
the Purchase Order Completion Time, and the Purchase Order Price, The Contractor shall
perform the Detailed Scope of Work within the Purchase Order Completion Time for the
Purchase order Price. Extra Work, credits, and deletions will be contained in Supplemental
Purchase Orders calculated in the same manner.
4J The Contractor shall, within two (2) business days of receipt of a Purchase Order from a
Sourcewell Member, provide notification to Sourcewell of each Purchase order by
forwarding a copy of the Purchase Order via email to 130@ezlcl ;omr or via facsimile to
(864) 233-9100,
4.8 The Contractor shall, within two (2) business days of sending an Invoice to a Sourcewell
Member, provide notification to Sourcewell of each Invoice by forwarding a copy of the
Invoice via email to Invoicf--@-ezlQC.com or via facsimile to (864) 233-9100.
March 2019 Section Tv;a — Instructions tn. Bidders 7
5. GEOGRAPHIC AREAS
Sourcewell solicits bids for separate Agreements for each of the various Geographic Areas as
shown on Exhibit A. This solicitation is for the Geographic Area(s) as specified in the Invitation
for Bid. Sourcewell uses the Georgraphical Area for bidding purposes. Contractors may perform
work for Sourcewell Members located outside the defined Geographical Area upon award.
6. THE I1`13 DOCUMENTS
The IFB Documents consist of five Books:
Book 1: Project Information, and Instructions to Bidders
Book 2: IQCC Standard Terms and Conditions; General Terms and Conditions
Book 3: Construction Task Catalog
Book 4: Technical Specifications
Book 5: Bid Forms
7. QUALIFICATION OF BIDDERS
7.1 Bids shall be considered only from firms normally engaged in performing the type of work
specified within the iFB Documents. Bidder must have adequate organization, facilities,
equipment, and personnel to ensure prompt and efficient service to a Sourcewell Member
(as solely determined by Sourcewell).
7.2 In determining a Bidder's responsibility and ability to perform the Agreement, Sourcewell
has the right to investigate and request information concerning the financial condition,
experience record, personnel, equipment, facilities, principal business location and
organization of the Bidder, the Bidder's record with environmental regulations, and the
claims/litigation history of the Bidder,
7.3 Bidder must possess documentation evidencing compliance with applicable licensing
requirements.
7.4 Bidder must have a fully functioning office within the State of Florida.
8. AWARD
8.1 An Award of Contract will be made by the Sourcewell Chief Procurement Officer and
ratified by the Board of Director based on the recommendation of the Sourcewell Bid
Review Committee jointly and on behalf of its current and future Sourcewell Members.
8.2 It is the intent of Sourcewell to award each Agreement to the lowest, responsive,
responsible Bidder(s) based on the Combined Adjustment Factor as shown on Bid Form 1,
provided however, no Bidder will be awarded more than one Agreement. In the event a
Bidder submits the lowest bid on more than one Solicitation, Sourcewell will determine
which Agreement will be awarded to which Bidder based on the combination of bids
resulting in the lowest overall cost to the Sourcewell Members. Sourcewell shall have the
right to waive any informality or irregularity in any Bidder's Response received and to
accept the Bidder's Response(s), which in its judgment, is (are) in the best interests of
Sourcewell and Sourcewell Members. Sourcewell reserves the right to reject all Bid
Responses and advertise again if, in Sourcewell's opinion, the received bids do not meet
or exceed the minimum needs and expectations of the Sourcewell current and qualifying
members. Sourcewell reserves the right to award additional Agreements from this
PA-i3rch 2019 Section Tvio — Instructions to Bidders B
solicitation for a period of 180 Days (or longer, if mutually agreeable to both the Bidder
and Sourcewell).
8.3 Additionally, the Bidder is required to submit a Management Plan, see Article 9, Section
Two Instructions to Bidders. The Bidder's Management Plan will provide Sourcewell
information to gauge the responsibility of the Bidder.
8.4 A Bidder will not be awarded more than one same scope Agreement within any
Geographic Area.
8.5 Competitive Range Determination , if a wide margin is found in the Adjustment Factors
submitted in response to the solicitation; being too high or too low, then the Sourcewell
Bid Review Committee may establish a Competitive Range for the solicitation. if it is
determined that a Bidder's Combined Adjustment Factor is too far outside the
Competitive Range then the Bidder can be removed from consideration. The Bidder shall
be notified that they were determined to be outside the Competitive Range after award of
the contracts.
8.6 Unbalancing of Bids —A Bid maybe removed from consideration if it is determined that
the Bidder has mathematically unbalanced their Bid to gain a competitive advantage. The
Bid will be considered to be unbalanced if any Adjustment Factor is found to not cover the
contractors reasonable actual cost. Those costs would include a reasonable prorated
share of their anticipated profit, overhead cost, and other indirect costs that the bidder
anticipates for the performance of the work as determined by the Sourcewell Bid Review
Committee.
8.7 The Other Than Normal Working Hours Adjustment Factors must be higher than the
Normal Working Hours Adjustment Factors.
8.8 The Non Pre -priced adjustment Factor without Administrative Fees must be between
1.0500 and 1.2000.
9. ASSIGNMENT OF WORK
9.1 if multiple awards are made, the assignment of the Work is at the sole discretion of
the Sourcewell Member. The Contractor's Adjustment Factors, performance history, and
ability to perform the Work will be considered in determining the distribution of the
Work.
9.2 BidSafe: Sourcewell may issue a Request for Quotation (RFQ) to two or more
Contractors for a Work Order. Selection of the Contractor and award of the Work
Order will be in compliance with established Sourcewell procedures,
9.3 Sourcewell reserves the right to utilize Bid Safe on a Work Order by Work Order basis,
9.4 Sourcewell will consider several factors when determining the applicability of Bid Safe to
a Work Order including, but not limited to, the following:
9.4.1 Estimated Work Order Amount;
9.4.2 Scope documentation, including but not limited A/E design;
9.4.3 Nature and complexity of the Work;
9.4.4 iContracto& abilities to self -perform the Work;
March 2019 Section Tarn — BnstrLictinn!, to Bidders
9,4.5 Contractors' proven capabilities on similar Work;
9.4.6 Schedule; and;
9.4.7 Other appropriate criteria as deemed in the best interest of the Sourcewell
Member.
9.5 The Detailed Scope of Work will be developed by the Sourcewell Member personnel
and included with the RFQ.
9.6 Sourcewell may conduct one or more site visits with all contractors designated to
Receive the RFQ.
9.7 All contractors that receive the RFQ will have the opportunity to submit requests for
information. Should Sourcewell choose to respond to any or all of the requests for
information, the responses, and any changes to the RFQ, will be provided in an
addendum to all contractors designated to receive the RFQ.
9.8 The Contractor will utilize the laid Safe application in the eGordian software to
provide a Not to Exceed Offer INTE Offerj, along with any additional requested
documentation, in response to the RFQ.
9.9 Sourcewell will issue a Request for Proposal to the Contractor submitting the NTE Offer
that provides the best value to the Sourcewell Member based on, but not limited to, price
and any technical factors considered.
9.10 The NTE Offer is valid for 120 Days from the date of opening unless stated
otherwise in the Retailed Scope of Work.
9.11 The Contractor that receives a Request for Proposal will submit a Price Proposal to
Sourcewell. Provided that any necessary Price Proposal modifications are completed in
a timely and thorough manner, Sourcewell will deliver a Work Order Proposal Package
for the Sourcewell Member's consideration.
9.12 The Work Order Amount shall be equal to the lessor of the NTE Offer and the Price
Proposal amount.
9.13 Where the NTE Offer is less than the Price Proposal, the difference between the
NTE Offer and 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 = (Price Proposal Amount NTE Offer) : Price Proposal Amount
The discount shall be applied to subsequent Work Orders (additions or deletions)
required to complete the Work, provided the Work order contains materials,
equipment and tasks that are similar in nature to the original Detailed Scope of
Work.
9.14 If Sourcewell exercises its right to award a Work 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 fortermination for cause.
March 21119 Section Tv n — Instructin ns to Bidders 1a
10. ORDER OF PRECEDENCE OF THE COMPONENTS OF THE CONTRACT
DOCUMENTS
The order of precedence of the Contract Documents shall be as follows:
• Purchase Order which may include Plans, Drawings and supplemental Technical
Specifications
• Standard Specifications of the Sourcewell Member, the City, State or
Federal Government, if any
• Agreement
• Addenda, if any
• Book 2 — IQCC Standard Terms and Conditions
• Book 2 — General Terms and Conditions
• Book 3 —Construction Task Catalog
• Book 4—Technical Specifications
• Book 5 — Bid Forms
• Book 1 — Instruction to bidders
(Rest of this page intentionally left blank)
OA-w-ch 21,019 SectioTi Tvm — Instructions to Bidders 11
SECTION TWO - INSTRUCTIONS TO BIDDERS
1. GENERAL INFORMATION
1.1 The following Instructions are given for the purpose of ;guiding Bidders In properly
preparing their bids. Such instructions are part of the IFS Documents, and strict
compliance is required with all the provisions contained in the instructions.
1.2 Examination of IFB Documents
1.2.1 It is the responsibility of each Bidder before submitting a Bid, to:
1.2.1.1 Examine the IFB Documents thoroughly,
1.2.1.2 Take into account federal, State and local laws, regulations, ordinances,
and applicable procurement codes that may affect costs, progress,
performance, and furnishing of the Work, or award,
1.2.1.3 Study and carefully correlate Bidder's observations with the IFB
Documents, and
1.2.1.4 Carefully review the IFB Documents and notify Sourcewell of all
conflicts, errors or discrepancies in the IFB Documents of which Bidder
knows or reasonably should have known.
1.3 The submission of a Bid shall constitute an incontrovertible representation by Bidder that
Bidder has compiled with the above requirements and that without exception, the Bid is
premised upon performing and furnishing the Work required by the IFB Documents and
that the IFB Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing of the Work.
2. SOLICITATION OF IFB
Sealed and properly Identified bids entitled "INDEFINITE QUANTITY CONSTRi9CTION
CONTRACT" will be received by Corey Jensen, ezIQC Contract Administrator, at Sourcewell
Offices, 202121' Street Northeast, P.O. Box 219, Staples, NIN 56479 until the deadline for receipt
of, and opening of bids as specified in the Invitation for Bid. Bids will be for the provision of
Indefinite Quantity Construction Contract services for both Sourcewell and Sourcewell
Members, and all government and education agencies to include colleges and universities. A
Representative from the Sourcewell Bid Review Committee will then read the Bidder's names
aloud. A summary of the responses to this IFB will be made available for public inspection in the
Sourcewell office in Staples, MN. The Award and resulting Agreement may be awarded within
the timeframe identified in this IFB. To receive a complete copy of these IFB Documents, send or
communicate all requests to the attention of Corey Jensen 202121h Street Northeast, P.O. Box
219, Staples, MN 56479 or by visiting our website at w+ruvw.sourcer,hell-mil.t ov/solicitations
selecting the desired solicitation from the open solicitations list and completing the bid
document request form at the bottom of the page. All requests must include mailing address,
email address, contact name, and phone number. Following your submitted request an email
will be sent directly to the registrant with complete instructions on how to obtain the bid
documents. Complete IFB Documents will be made available electronically. oral, facsimile,
telephone or telegraphic Bid Submissions or requests for IFB Documents are invalid and will not
receive consideration. Direct questions regarding this IFB to Corey Jensen at eziciC@SOurcewe.1l-
M,-�rch 2019 5ectiari Tv,a — Instruction U) Bidders 12
rTrn,gov.
3, ADVERTISING OF SOLICITATION
3.1 As required by law, Sourcewell must advertise this solicitation. It will be posted on
Sourcewell's website, and posted to other third party websites deemed appropriate by
Sourcewell. This advertisement is also submitted for posting at individual state levels.
Sourcewell will not maintain or communicate to a Bodder's list. All interested Bidders
must respond to the solicitation as a result of an internet web notice or hard copy
research of said publication.
3.2 In addition, sourcewell shall advertise In one or more publications distributed In the
geographic area, including, but not limited to, newspapers and other publications
consistent with state law regarding notice of this invitation for bid.
4. QUESTIONS
4.1 Submit all Questions about this IFS, in writing, to Corey Jensen, Sourcewell, 20212th
Street NE, Staples, MN 56479, or by email at ezigc(g7)sourcewQIl-mn.gov prior to April 3,
2019 at 12:00 PM CT. Sourcewell urges potential bidders to communicate all concerns
during the response period to avoid misunderstandings.
4.2 If question is deemed by Sourcewell to have a material impact on the IFB, the response to
the RFI will become an Addendum to these IFB Documents.
5PRE-BID SEMINAR
A Pre -bid seminar will be held at the places and times listed in the Invitation for Bid for the
purpose of discussing the IQCC procurement system, the IF3 Documents and bid forms.
Attendance at one of the Pre -Bid Seminar(s) is mandatory to be deemed responsive.
f. ADDENDA, TO THE IFB DOCUiUIENTS
Addenda are written instruments issued by Sourcewell that modify or interpret these IFB
Documents. All Addenda issued by Sourcewell shall become a part of the IFB Documents,
Addenda will be delivered to all potential bidders using the same method of delivery of the
original iFB material or by email if appropriate. Sourcewell accepts no liability in connection with
the delivery of said materials. Copies of Addenda will also be made available on the ezIQC
website at helps.//bc. ordiiincloLid.corTi or the Sourcewell website from www,sourcewell-
m.n.gov/solicitations, m.n.gov/solicitations, and from the Sourcewell offices. No Addenda will be issued later than five
(5) Days prior to the deadline for receipt of bids, except an Addendum withdrawing the request
for bids or one that includes postponement of the date of receipt of bids. Each potential bidder
shall ascertain prior to submitting a bid that it has received all Addenda issued, and the bidder
shall acknowledge its receipt in its bid response.
7.1 Bid deposit shall be a bond provided by a surety company or the equivalent in a cashier's
check, money order or certified check. All certified checks must be drawn on a bank doing
business In the United States, and shall be made payable to the order of Sourcewell. CASH
IS NOT AN ACCEPTABLE FORM OF BiD DEPOSIT.
March 2019 Section Tvm — In struct1a n . to Bidders 13
7.2 Bid deposits shall be in the amount shown in the iFB. After bids are opened, deposits shall
be irrevocable forthe period of one hundred and twenty (120) days. If a bidder is permitted
to withdraw its bid before award, no action shall be taken against the bidder or the bid
deposit.
7.3 The bid bonds, certified checks, or cashier's checks of unsuccessful bidders will be returned
as soon as practicable after the opening of the bids; however, the deposits of the three
lowest bidders shall be retained until Sourcewell awards the Agreement or for any reason
rejects all bids
8. BID SUBMISSION PROCESS
8.1. PREPARATION OF THE BID RESPONSE
8.1.1 Bid package will be submitted as follows:
8.1.1.1 One (1) original copy of Bid Forms 1, and 2 MUST be submitted for
each Contract Opporutnity that you are bidding. These bid forms MUST
be in separate SEALED Envelopes. On the outside of each envelope you
will include Company Name, Solicitation Number and Geographic Area,
8.1.1.2 Bid forms. 3, 4, S, 6, 7, 8, 9,10, and 11— only need to be submitted once
for the entire package. As stated below you will provide one (1) Original
copy of Bid Forms 3, 4, S, 6, 7, 8, 9, 10,and 11 in a Tabbed Notebook, can
the outside of the Notebook you will include Company Name,
Solicitation Number(s) and geographic Area.
8.11 Additionally, submit one (1) electronic copy (CD-130Pdl's or USS Flash Drives) of the
bid documents (Bid Forms 1-12) and scanned copies of signature pages with
original signatures The CD's or USB Flash Drive must be labeled with; Solicitation
Number, Date, and Company Name.
8.1.3 All bids shall be on the forms provided. Telegraphic, electronic mail or fax machine
bids cannot be considered.
8.1.4 The bid documents must be submitted with original ink signatures by the person
authorized to sign the bid. The person signing the bid must initial erasures,
interlineations or other modifications in the bid document. Failure to properly sign
the bid documents or to make other notations as indicated may result in rejection
of the bid and cause the bid to be deemed non -responsive,
8.1,5 Mistakes may be corrected prior to bid opening, but shall be initialed by the
person signing the bid documents. Corrections and/or modifications received after
the opening time will not be accepted, except as authorized by applicable rule,
regulation or statute and Sourcewell.
8.1,6 It is the responsibility of all Bidders to examine the entire IFB package, to seek
clarification of any item or requirement that may not be clear and to check all
responses for accuracy before submitting a bid. Negligence in preparing a bid
confers no right of withdrawal after the deadline for submission of bids.
Marche 2019 �ectlon T1,va — onstructlonr , ter Bidders 14
9, BID TRANSMITTAL,
9.1 It is the responsibility of the Bidder to be certain that the bid is in the physical possession
of Sourcewell on or prior to the deadline for submission of bids.
9.2 Bids must be submitted in a sealed envelope or box properly addressed to Sourcewell and
with the following information clearly marked on the outside of the envelope or box;
Solicitation number
Name of Solicitation
Geographic Area
r Deadline for bid submission
Y Bidder's name and address.
9.3 Bidders are solely responsible for ensuring all required documentation arrives at the
designated address no later than the date and time listed in this IFB. Sourcewell is not
responsible for late receipt of bids. Late proposals will not be considered. Bids received by
the correct deadline for bid submission will be opened and the name of each Bidder and
other appropriate information will be publicly read.
10. CONTRACTOR'S MANAGEMENT PLAN
10.1 The Bidder is required to submit its plan for management of the contract. The title of the
submittal shall be "MANAGEMENT PLAN FOR EXECUTION OF lQCC." The Contractor's
Management Plan must be submitted as part of the Bidder's bid documents.
10.2 In addition to the bid documents and other required submittals, the Contractor's
Management Plan will be used by Sourcewell to determine the responsibility of the Bidder
to perform the contract. Therefore, the Bidder should take great care in the preparation
of the Management Plan.
10.3 The Bidder may be determined non -responsive for failure to submit the Management Plan
and/or declared non -responsible for failure to adequately address the Issues below to the
satisfaction of Sourcewell.
10.4 The Management Plan shall include as a minimum the following information and
organized specifically as shown below:
1. State the number of years your company has been in the construction
industry, the type of work your company self -performs, and the type of
work your company typically subcontracts.
2. The awarded Contractor must have the capacity and capability to perform
multiple projects at multiple locations simultaneously. Demonstrate this
capacity and capability by providing six (6) projects that meet the following
information for each project over $25,000 completed in the last three (3)
years: Submit Bid Farm 6 for each Project.
a. Project title.
b, Geographic location,
c. Owner name and contact (title, address, email and phone number).
d. Project amount.
e. Project duration, start and finish dates.
March 2019 Section T.ve - Imtructions to Bidders 1s
f. Actual Project duration, start and finish dates.
g. 'Project size in dollars.
h. Provide a brief description of the Scope of Work.
3. Provide a narrative description of how you propose to execute the Work assigned
under this contract, including but not limited to:
a. The Contractor is expected to participate in the development and documentation
of the Detail Scope of Work for each Purchase Order. Explain in detail your
proposed participation and the specific qualities of your personnel that will add
benefit to this process.
b. Provide your approach to the expeditious close out of Projects, correction of
unacceptable Work, and punch 'list procedures.
c. The Contractor is expected to assist Sourcewell in the marketing of the IQCC
services under the ezIQC brand. Please provide a specific sales and marketing plan
including your strategy for sales and marketing, the personnel and their
qualifications for sales and marketing, and the frequency and duration of the
efforts. Additionally, the Contractor is expected to market to potential Sourcewell
members, Please describe your plan to accomplish this.
d, For contractors that held a previous ezIQC contract, describe how it was marketed
and sold the contract and provide a list of accomplishments.
e. All Work has a minimum warranty period of one (1) year. Please describe your
process for tracking and performing warranty work.
f. If within the past five (5) years, the Bidder has been lawfully precluded from
participating in any public procurement activity with a federal, state or local
government, then the Bidder must provide a letter with its response setting forth
the name and address of the public procurement unit, the effective date of the
suspension or debarment, the duration of the suspension or debarment and the
relevant circumstances relating to the suspension or debarment. If applicable the
Bidder should describe steps taken to improve and ensure these issues do not
continue to be a burden. if the Bidder has held a Sourcewell ezIQC Contract and
has requested that the contract be terminated, then the Bidder must provide the
reason for the request. Please describe on a separate document and if applicable
describe steps taken to improve and ensure these issues do not continue to be a
burden. Failure to provide this information may be grounds for disqualification.
4. Management Team
a. Provide an organizational chart.
b. Describe the responsibilities and duties of each position by indicating who will
manage the overall contract, attend Joint Scope Meetings, prepare Proposal
Packages, negotiate with Subcontractors, supervise construction, and perform
administration tasks.
c. Provide resumes for your key personnel you Intend to assign to this contract.
d. Provide a current list of the number and classification of your full time employees.
March 20,19 Section Tv,,o —!n strUctian s to Bidders 16
11. BID PRICING
11.1 Each Bidder must submit Three (3) Adjustment Factors to be applied to every task. in the
CTC. The bid shall be an adjustment 'decrease from" (e.g. 0.9800) or "increase to" (e.g.
1.1000 the Unit Prices listed in the CTC. Bidders who submit separate Adjustment Factors
for separate line items will be considered non -responsive and their bids will be rejected.
11.2 The Bidder's Adjustment Factors shall include all of the Bidder's direct and indirect costs
including, but not limited to, its costs for overhead, profit, bond premiums above the
reimbursable amount, insurance, mobilization, Purchase Order Proposal development, and
all contingencies in connection therewith. See pages 00-1 00-6 of Book 3 — the CTC for a
complete explanation of what is included in the Unit Prices and what is not.
11.3 The first Adjustment Factor is to be applied to Work to be accomplished during Normal
Working Hours,
11.4 The second Adjustment Factor is to be applied to Work to be accomplished during other
Than Normal Working Hours.
11.5 The third Adjustment Factor is for work tasks not identified in the Construction Task Catalog.
lQCC includes a provision for establishing of prices for Work requirements which are within
the general scope of lQCC but were not included in the CTC at the time of Contract award,
see Book 2 Section One, Article S. These Tasks are referred to as "Non Pre -priced Tasks
(NPR)'". NPP Tasks .may require new specifications and drawings and may subsequently be
incorporated into the CTC. The bidders will offer an Adjustment Factor to be applied to the
actual material, equipment, and labor cost for NPP work Tasks. The NPP Adjustment Factor
shall not be less than 1.0500 and not higher than 1.2000, excluding Administrative Fees.
11.6 Adjustment Factors must be specified to the fourth decimal place. For example:
Or
11.7 For bid evaluation purposes only, the following weighting of the Adjustment factors shall
be used to determine the Combined Adjustment Factor:
Adjustment Factors Weight
Normal Working Hours 60%
Other Than Normal Working 30%
Hours
Non Pre -Priced 10%
March 2019 Section Tlwa — Instructions to Bidders 17
12, MODIFICATION OR WITHDRAWAL OF A SUBMITTED 131D
A submitted bid may not be modified, withdrawn or cancelled by the Bidder for a period of one
hundred and eight (180) Days following the time and date designated for the receipt of bids.
Prior to the deadline for submission of bids, any bid submitted may be modified or withdrawn
by notice to the Sourcewell Procurement Manager. Such notice shall be submitted in writing and
include the signature of the Bidder and shall be delivered to Sourcewell prior to the deadline for
submission of bids and it shall be so worded as not to reveal the content of the original bid.
However, the original bid shall not be physically returned to the Bidder until after the official bid
opening. Withdrawn bids may be resubmitted up to the time designated for the receipt of the
bids if they are then fully in conformance with the Instructions to Bidders.
Irl BIDDER RESPONSIVENESS AND RESPONSIBILITY
In accordance with accepted standards of competitive sealed bid awards as set forth in the
State's Procurement Code, competitive sealed bids/awards will be made to responsive and
responsible Bidders whose bids are determined in writing to be the most advantageous to
Sourcewell and its current or future Sourcewell Members. To qualify for evaluation, a bid must
be responsive which means it shall have been submitted on time and materially satisfy all
mandatory requirements identified in this document. A bid must reasonably and substantially
conform to all the terms and conditions in the solicitation to be considered responsive.
Deviations or exceptions stipulated in Bidder's response, while possibly necessary in the view of
the Bidder, may result in disqualification. Language to the effect that the Bidder does not
consider this solicitation to be part of a contractual obligation will result in that bid being
disqualified by Sourcewell.
14, CERTIFICATION
By signing this bid, the Bidder certifies:
14.1 The submission of the offer did not involve collusion or any other anti -competitive
practices;
14.2 The Bidder/Contractor shall not discriminate against any employee or applicant for
employment in violation of Federal and State Laws (see Federal Executive Order 11246);;
14.3 The Bidder has not given, offeredto give, nor Intends to give at any time hereafter any
economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor
or service to a public servant in connection with the submitted offer (see Gratuities); and
14.4 The Bidder agrees to promote and offer to Sourcewell ivlembers only those products
and/or services as previously stated, allowed and deemed a resultant of the Agreement(s)
as Sourcewell Contract items or services. This clause shall include any future product or
service additions as allowed through contract additions.
15. PROTESTS
15.1 Protests shall be filed with Sourcewell's Executive director and shall be resolvers in
accordance with appropriate state statutes of Minnesota. Protests will only be accepted
from Bidders, A protest must be in writing and filed with Sourcewell. A protest of an
award or proposed award must be filed within ten (10) calendar days after the public
notice or announcement of the award. No protest shall lie for a claim that the selected
March 2019 Section T'p,,e — instruction: try Bidders is
Bidder is not a responsible Bidder. A protest must include;
• The name, address and telephone number of the protester,
• The original signature of the protester or its representative (you must document the authority
of the Representative),
• Identification of the Solicitation by solicitation number,
• Identification of the statute or procedure that is alleged to have been violated,
• A precise statement of the relevant facts,
• Identification of the issues to be resolved,
• The protesting party's argument and supporting documentation,
• The aggrieved party's statement of potential financial damages, and
• A protest bond in the name of Sourcewell and in the amount of 10% of the aggrieved party's
statement of potential financial damages.
16. PUBLIC RECORD
All bids submitted to this invitation shall become the property of the Sourcewell and will
become a matter of public record, available for review subsequent to the award notification.
Bids may be viewed by appointment at the Sourcewell offices Monday through Friday from 8,30
a.m. to 3:30 p.m. CT.
17. PREVAILING WAGE RATES AND PARTICIPATION REQUIREMENTS
17.1 This clause is applicable to States in which prevailing wage rates are established by law.
The Contractor shall pay prevailing wages to all workers in accordance with the applicable
laws. The wage rates used for the CTC were the prevailing wage rates, if any; in effect at
the time these IFB Documents were issued. In the performance of the Work, however,
Contractor shall be fully responsible for paying the generally prevailing hourly rate of
wages in effect, as determined by the State Department of Labor and/or Commerce, at
the time the Work is performed. if the State Department of Labor and/or Commerce
revises the prevailing rate of hourly wages to be paid for the Work prior to completion of
the Project, the revised rate shall apply to this Agreement from the effective date of such
revision, however such revision shall not entitle Contractor to any increased
compensation under the terms of the Agreement.
17.2 If other wage rates are required by law, the Contractor shall pay such wages to all workers
in accordance with the applicable laws. if the Purchase Order is performed in whole or in
part using federal funding, then the Davis Bacon Wages for that area will apply.
17.3 Contractors shall meet any goals or requirements established by the Sourcewell Member
ordering the Work, and/or satisfy the intent of said goals or requirements, with regard to
Small, Local, Minority, Women, Veteran or Disadvantaged Business Enterprises. Additional
participation goals may be incorporated into the Request for Proposal or Detailed Scope
of Work.
18. MARKETING REQUIREMENT
Bidder must express a willingness and ability to take ownership and promote the services to
be provided. your sales force must agree to work in cooperation with Sourcewell to develop a
marketing strategy and provide avenues to equally market and drive sales through the
Agreement and program to all Sourcewell Members and Potential Sourcewell Members,
March 2019 Section Tlvo — Instructions to Bidders 19
Bidder agrees to actively market in cooperation with Sourcewell all available services to current
Sourcewell Members, as well as Potential Sourcewell ib9embers.
If you are awarded a contract based on this solicitation your sales force will be a primary driver
of everyone's success. Your sales force needs to be aware that;
The use of a Sourcewell Contract will save their customer (Sourcewell's
Member) the time and effort of bringing a new individual IFB;
Y The use of the Sourcewell Contract will save your sales force the time and effort
of responding to individual Invitations for Bid IFB;
Y The use of the 5ourcewell Contract will guaranty that Sourcewell Members have
the ability to choose you.
An award of Contract resulting from this IFB is an opportunity for the awarded contactor to
pursue commerce with, and deliver value to Sourcewell and Sourcewell Members. An award of
Contract is not an opportunity to see how much business Sourcewell can drive to an awarded
contractor's door. As such the Bidder will demonstrate in the Management Plan specific
marketing strategies, personnel and the qualifications of those personnel to market IQCC and
the frequency and duration of marketing efforts. Sourcewell reserves the right to deem a
Bidder non -responsive or to waive an award based on a Bidder's unwillingness to participate in
such a marketing effort or by submitting an unsatisfactory marketing strategy as part of the
overall management plan. Further marketing requirements will be found in Book Two Section
One, Article 10 of this IFB.
19. MEMBER SIGN-U'P PROCEDURE
Bidder agrees to cooperate and participate in the Sourcewell Membership process as part of
connecting Sourcewell Members to Sourcewell contracts. The process to sign up new Sourcewell
Members to purchase under this Agreement will be defined during the award phase.
20. FEES
20.1 The Contractor shall include the Sourcewell Administrative Fee in calculating the
Contractor's Adjustment Factors,
20.2 Sourcewell's Administrative fee will be calculated at the rate of 7. % of the total Purchase
Order Price charged to the Sourcewell Member.
20.3 Sourcewell's Administrative Fee shall be remitted by the Contractor to Sourcewell, or its
designated contract administrator, within thirty (30) days of the submission of an invoice
to a Sourcewell Member by Contractor. The Contractor shall be assessed a one percent
(1A/) per month late fee for any, Administrative Fees not paid by the due date set forth
herein..
20.4 Sourcewell designates The Gordian Group, Inc., (Gordian) as their contract administrator.
The Sourcewell Administrative Fee payments shall be made payable to The Gordian Group
and sent to the following address:
The Gordian Group, Inc.
PO Box 79341
Baltimore, MD 21279-0341
20.5 Sourcewell or Gordian may request records from the Contractor for all purchases through
this Agreement and payment of all Administrative Fees. If a discrepancy exists between
the purchasing activity and the Administrative Fees paid, Sourcewell or Gordian will
March 2(119 Section Ti.vo — fnstrur_tiGn.5 to BiddeT.5 21)
provide written notification to the Contractor of the discrepancy and allow the Contractor
ten (10) days from the date of notification to resolve the discrepancy. in the event the
Contractor does not resolve the discrepancy to the satisfaction of Sourcewell or Gordian,
Sourcewell or Gordian reserve the right to engage a third party to conduct an independent
audit of the Contractor's records and, in the event Contractor is not in compliance with
this Contract, Contractor shall, In addition to any Administrative Fees due, reimburse the
appropriate party for the cost and expense related to such audit,
20.6 Sourcewell and Contractor hereby acknowledge that The Gordian Group, inc., as the
designated contract administrator, is a third -party beneficiary of Section 20, including all
subsections therein. In the event any court action is brought to enforce payment of the
Administrative Fees set forth above by any party or third -party beneficiary of this
Agreement, the prevailing party shall be entitled to an award of reasonable attorneys'
fees and collection costs.
21. TAXES
The Contractor shall pay all sales, consumer, use and other similar taxes required by Law for
which an exemption does not exist. If the Contractor is required to pay sales tax on non-exempt
material, equipment, services or other items purchased in connection with a Purchase Order,
the Member will reimburse the Contractor for such tax, without mark-up, provided the
Contractor submits the appropriate documentation therefor.
22. PHYSICAL PRESENCE
The Bidder must have a fully staffed and functioning office located within the State of Florida
and must have been in business performing construction work for at least three (3) years.
Contractor to complete Bid Form 11: Existing Fuil-Service Office Location Affidavit for each area
they are bidding.
23. SELF PERFORMANCE REQUIREMENT
Contractor(sj for the having, Roofing and Underground Construction Contracts shall perform
with its own organization and forces not less the 51% of the total amount of labor hours
performed at the project site through the working foreperson level. The percentage
calculation does not include field superintendents or office management personnel.
(The rest of this page left intentionally blank)
March 2019 Section Tvm — Instructions to Bidders 21
SECTION THREE
EXHIBIT A. GEOGRAPHIC MAP OF SOURCEWELL CONTRACT AREAS
Northwest Florida (Panhandle) Counties Include
Escambia
Bay
Liberty
Santa Rosa
Jackson
Franklin
Walton
Holmes
Calhoun
Gulf
Leon
Wakulla
Washington
Gadsden
Jefferson
Okaloosa
March 2019 Section Tvm — Instructions to. Bidders 22
Northeast Florida Counties Include
Madison
Dixie
Union
Duval
Taylor
Columbia
Bradford
Clay
Hamilton
Gilchrist
Alachua
Putnam
Sawannee
Levy
Marion
Saint Johns
Lafayette
Baker
Nassau
I Fla ler
West Central Florida Counties Include
Citrus
Pinellas
Desoto
Sumter
Hillsborou =
Hemmido
Manatee
Pasco
Hardee
Polk
Sarasota
Southeast Florida Counties Include
Okeeebobee Miami Dade
St Lucie Monroe
Martin
:Palm Beach
Broward
March 2019 Section Two — Instrurtium to Bidders 23
This page intentionally left blank
March 2019 Section Twu — Instruction_ to Bidders 24
F8.1
• 4 ■ .:..
IQCC STANDARD TERMS AND CONDITIONS
AND
CONTRACT GENERAL CONDITIONS
SOLICITATION NO.
See Solicitation Tables
Florida ezlQC
Northwest (Panhandle), Northeast, West Central, and
Southeast Areas of Florida
Indefinite Quantity Construction Contract
Sourcewell
Formerty NJPA
20212th Street N'E
Staples, MN 56479
Carey Jensen
ez1QC Contract Administrator
eZ1QC@S0Urcewe-II,mr),g v
March 2019
SQUh,CE"VELL
Book 2 - IQCC Standard Terms. and Conditions and. Contract General Conditions
:••T
Table of Contents
SECTION ONE - IQCC STANDARD TERMS AND CONDITIONS..........................................................3
1.
DEFINITIONS................................................................................................................3
2.
SCOPE OF WORK AND PROCEDURE FOR ORDERING WORK .......................................5
3,
ARCHITECTURAL AND ENGINEERING SERVICES..........................................................6
4.
TERM OF AGREEMENT.....,..................»...............,.,....,...,..»...,,,..,,,»..,,....,,,,..,,,,.........-6
5.
GEOGRAPHIC AREA .......................... .................... »......................................................
i6
6.
ESTIMATED ANNUAL VALUE.......................................................................................6
7.
OPTION TO BILATERALLY EXTEND CONTRACT............................................................6
8,
PROCEDURE FOR ORDERING WORK............................................................................8
9.
CHANGES..............................................................................................................................12
10.
MARKETING REQUIREMENTS ..................... ................ .................................. ...».........
13
11.
PUNCH LIST COMPLETION.........................................................................................13
12.
PAYMENT AND PERFORMANCE BONDS AND MATERIAL AND WORKMANSHIP BONDS
............. »......... .................................... ,.......................... .,, ......... ,...................
14
13.
COMPUTER SOFTWARE-- .......................................................................................14
14.
PREPAYMENT OPTION...- ............................................... -.- ...................................
14
SECTION TWO - CONTRACT GENERAL CONDITIONS....................................................................15
1. PROJECT MANAGER...........................................................................I.......................15
2.
SOURCEWELL MEMBER'S RIGHT TO STOP WORK .....................................................15
3.
SOURCEWELL MEMBEWS RIGHT TO COMPLETE WORK.........................................-15
4
REVIEW OF FIELD CONDITIONS.................................................................................15
5,
SUPERVISION..... ..... —.-- . ..... .............. ................ ... . .......... ........ ........ - ... -15
6,
WORKMANSHIP AND QUALITY ................................... ......»...,,...................................
1i6
7.
WARRANTY................................................................................................................16
8.
PERMITS, FILING........................................................................................................16
9.
PERSONNEL...............................................................................................................17
10,
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES...................................................17
11.
CUTTING AND PATCHING ................ ........... ...... ............. ............. ...»....... I ..... I ........... ..18
12.
CLEANING UP.................................................,.........,.,....,....,................I...................18
13.
ACCESS TO THE WORK...............................................................................................19
14.
ROYALTIES, PATENTS AND COPYRIGHTS...................................................................19
15.
INDEMNIFICATION...................................................................................................119
16.
SUBCONTRACTORS ..... ........... ........ »....... ,.,,»...,,»....... ........... ................. ... ..... I .... ...... ...19
I Section One - Standard Term.; & Condition March N:19
SOURCEWELL
Book 2 — IQCC Standard Terms and Conditions and Contract General Conditions
17. COORDINATION WITH OTHER CONTRACTORS.........................................................20
18. REQUEST FOR EXTENSION OF TIME..........................................................................20
19. PARTIAL PAYMENTS..................................................................................................20
20. FINAL PAYMENTS. ................. . ........................................ ........... . ................. ..... ... 1.21
21. PARTIAL OCCUPANCY OR USE...................................................................................21
22. IDENTIFICATION AND SECURITY REQUIREMENTS.....................................................22
23. PROTECTION OF PERSONS AND PROPERTY..............................................................22
24. HAZARDOUS MATERIALS...........................................................................................22
25. INSURANCE REQUIREMENTS.....................................................................................23
26. LIQUIDATED DAMAGES.............................................................................................25
27. TESTS AND INSPECTIONS..........................................................................................125
28 GOVERNING LAW......................................................................................................25
29. COMPLIANCE WITH LAWS, ............................... . ........... . ......... ............ --.— ..... .... 26
30. SEVERANCE................................................................................................................2E
31. LICENSE......................................................................................................................26
32. ASSIGNMENT ..... ........................ ........................................................................ .1,... 1.26
33. CLAIMS AND DISPUTES..............................................................................................26
34, TERMINATION BY SOURCEWELL FOR CAUSE............................................................2E
35. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH
DISABILITIES ACT.......................................................................................................27
36. AUDITS.......................................................................................................................27
37. GRATUITIES ................................................................................................................27
38. FEDERAL FUNDS........................................................................................................27
11i Section One — Standard Terms & Conditions dklirch 2019
sOURCO �Ll,
Buck 2 IQCC Standard Terms. and Conditions. and Contract General Conditions
SECTION ONE - IQCC STANDARD TERMS AND CONDITIONS
DEFINITIONS
1.1 Addendum or Addenda. the additional Bidding Document provisions issued in writing by
Sourcewell prior to the receipt of Bids.
1.2 Agreement: the written Agreement between the Contractor and Sourcewell covering the
Work to be performed; and other Contract Documents Incorporated in or referenced in the
Agreement and made part thereof as if provided therein.
1.3 Adjustment Factors: the Contractor's competitively bid price adjustment to the Unit prices as
published in the Construction Task Catalog, Book 3. Adjustment Factors are expressed as an
increase to or decrease from the published prices.
1.4 IFB Documents: The Invitation for Bid; Book 1- Project Information, Instructions to Bidders,
and Execution Documents; Book 2 - IQCC Standard Terms and Conditions and Contract
General Conditions; Book 3 -The Construction Task Catalog; Book 4 -Technical Specifications;
and Book 5 — Bid Forms.
1.5 Construction Task Catalog (CTC): A comprehensive listing of specific construction related
Tasks, together with a specific unit of measurement and a Unit Price. Construction Task
Catalog is a registered trademark of The Gordian Group, Inc.
1.6 Contract Documents: This Agreement; the IFB Documents; (Book 1 - Project Information,
Instructions to Bidders and Execution Documents; Book 2 - iQCC Standard Terms and
Conditions and General Conditions; Book 3 - Construction Task Catalog (CTC), Book 4 -
Technical Specifications, Book 5 — Bid Forms) and Addenda thereto, all payment and
performance bonds (if any), material and workmanship bonds (if any); wage rate decisions
and certified payroll records (if any); Notice of Award; all modifications issued thereto,
including Supplemental Purchase Orders/Change Orders and written interpretations and all
Purchase Orders and accompanying documents (Requests for Proposals, [detailed Scopes of
Work, Proposal Packages, etc.) issued hereunder.
1.7 Contractor: The individual, firm, partnership, corporation, joint venture, or other legal entity
or combination thereof with whom Sourcewell has contracted and who is responsible for the
acceptable performance of the Agreement and for the payment of all legal debts pertaining
to the Work. All references in the Contract Documents to third parties under contract or
control of Contractor shall be deemed to be a reference to Contractor.
1.8 bays: Calendar days, unless otherwise stated.
1.9 Detailed Scope of Work: A document prepared following a Joint Scope Meeting which
describes in detail the Work the Contractor will perform for a particular Purchase Order.
1.10 Holidays: the specific days designated by Sourcewell, Sourcewell Members or the Project
Labor Agreement as legal Holidays. Sourcewell designates the following days as Holidays:
New Year's Day, Martin Luther King Jr: s Birthday, Memorial Day, Independence Day, Labor
Day, Veteran's Day, Thanksgiving Day and the following day, and Christmas Day.
1.11 Joint Scope Meeting: a meeting, normally at the Site, to discuss the Work with the Contractor
to assist In the development of the Detailed Scope of Work.
$ection Tovo — Contract Gencral Conditions N-larch 201.9
SOURCEWELL
Book 2 — IQCC Standard Terms andConditions and Contract General Conditions
1.12 Non Pre -priced Task (NPP): a task not included in the Construction Task Catalog but within
the general scope and intent of this the Agreement.
1.13 Price Proposal: The price proposal prepared by the Contractor using the Construction Task
Catalog., Adjustment Factors and appropriate quantities.
1.14 Proposal Package: A group of documents and files consisting of the Price Proposal; incidental
drawings, sketches, or specification information, quantity take -offs supporting all material
quantities; catalog cuts providing information on materials or products, as specifically
requested; list of known Subcontractors, construction schedule, back-up for any Non Pre -
Priced Tasks, warranty information on special equipment or materials and or other such
documentation as the Sourcewell Member may require.
1.15 Project: collectively, the Work to be accomplished by the Contractor in satisfaction of a
requirement or group of related requirements pursuant to one or more Purchase Orders.
1.16 Purchase Order. The document establishing the engagement by Sourcewell or the Sourcewell
Member to the Contractorto complete a Detailed Scope of Work forthe Purchase Order Price
within the Purchase Order Completion Time.
1.17 Request for Proposal: The Sourcewell Member's written request for the Contractor to
prepare and submit a Proposal Package for a specific Detailed Scope of Work.
1.18 Site: The area upon or in which the Contractor performs the Detailed Scope of Work and such
other areas adjacent thereto as may be designated by Sourcewell orthe Sourcewell Member.
1.19 State: The state of Florida.
1.20 Subcontractor: Any person, firm or corporation, otherthan employees of the Contractor, who
or which contracts with the Contractor or its Subcontractors to furnish, or actually furnishes
labor, or labor and materials, or labor and equipment, at the Site. The term "Subcontractor"
is referred to throughout the Contract Documents as if singular in number and means a
Subcontractor or an authorized representative of the Subcontractor.
1.21 Supplemental Purchase Order; A purchase order issued to add, delete or change Work from
an existing, related Purchase Order.
1.22 Technical Specifications: The comprehensive listing of the Sourcewell Members standards for
quality of workmanship and materials, and the standard for the required quality of the Work.
1.23 Unit Price: The price published in the Construction Task Catalog for a Task.
1.24 Work: The labor, material, equipment and services necessary or convenient tothe completion
of Purchase Orders.
1.25 Purchase Order Completion Time: The period of time set forth in the Purchase Order within
which the Contractor must complete the Detailed Scope of Work.
1.26 Purchase Order Price: The value of the approved Price Proposal and the lump sum price to be
paid to the Contractor for completing the Detailed Scope of Work within the Purchase Order
Completion Time.
section Two — Cont,roct General Condition:, N-larch 2019
SOURCEWELL
Book 2 — IQCC Standard Terms. and Conditions. and Contract General Conditions
2. SCOPE OF WORK AND PROCEDURE FOR ORDERING WORK
2.1 Scope of Work
2.1.1 This is an indefinite quantity contract for the supplies or services specified, and
effective for the period stated in the IF13 Documents.
2.1.2 Job or performance shall be made only as authorized by Purchase Orders issued in
accordance with these IQCC Standard Terms and Conditions.
2.1.3 The Scope of Work of this Agreement shall be determined by individual Purchase
Orders issued hereunder. The Contractor shall provide all pricing, management,
incidental drawings, shop drawings, samples, documents, Work, materials, supplies,
parts (to Include system components), transportation, plant, supervision, labor, and
equipment needed to complete each Purchase Order. The Contractor shall also be
responsible for Site safety as well as Site preparation and cleanup during and after
construction.
2.1.4 The Work shall be conducted by the Contractor in strict accordance with the
Agreement and all applicable laws, regulations, codes, or directives including Federal,
State, County and City.
2.1.5 The Contractor shall maintain accurate and complete records, files and libraries of
documents to demonstrate compliance with Federal, State, and local regulations,
codes, applicable laws listed herein, and manufacturers' instructions and
recommendations which are necessary and related to the Work to be performed.
2.1.6 The Contractor shall prepare and submit required reports, maintain current record
drawings, and submit required information. The Contractor shall provide: materials
lists to include trade names and brand names, and model materials lists to include
trade names, brand names, model number, and ratings (if appropriate) for all
materials necessary to complete the Purchase Order.
2.1.7 in addition to the Tasks in the CTC, Book 3, Sourcewell may, from time to time, require
Non Pre -priced Tasks.
2.1.8 All Work shall comply with any applicable standards, including those specified in the
following documents. If the Purchase Order specifies a standard which is different or
more stringent, the standard used in the Purchase Order shall control:
2.1.8.1 City Building Codes
2.1,8.2 The specific Detailed Scope of Work
2.1.8.3 Technical Specifications— Book 4
2.1.8.3.1 The Technical Specifications, Book 4, are numbered and organized in
the Construction Specification Institute's (CSI) master format. All
specifications are filed in divisions per CSI guidelines.
2.1.8.3.2 The intent of these Technical Specifications is to furnish concise
industry and commercial standards for construction, maintenance or
repair of Sourcewell Member facilities.
2.1.8.3.3 Reference in the Technical Specifications or the CfC to a specific
manufacturer, trade name, or catalog is intended to be descriptive
$ectlon Tovo — Contract General Conclitic.ns, Nlarch 2019
SOURCEINEhh
Book 2 — IQCC Standard Terms and Conditions and Contract General Conditions
but not restrictive and only to indicate to the prospective Bidder
items that will be satisfactory.
3. ARCH ITECTURA,LAND ENGINEERING SERVICES
3.1 Under this Agreement it is expected that the level of Architecture and Engineering (o/E)
services and design, if any, will be incidental to the Agreement and therefore any cost
associated with this is to be included in the Contractor's Adjustment Factors. if the level of
A/E services for a Purchase Order requires that the Contractor provide stamped drawings and
plans, the Contractor will be reimbursed according to the appropriate Task in the CTC. The
Contractor will be required, as on any construction project, to provide shop drawings, as -built
drawings, project layout drawings and sketches as required.
3.2 The preparation of incidental drawings/plans, specifications, shop drawings, product data
and samples, as-builts and all other documentation required herein by the Contractor as
required by individual Purchase Orders is part of the Scope of Work of this Agreement and
the cost there of shall be included in the Contractor's Adjustment Factors.
4. TERM OF AGREEMENT
4.1 This Agreement is for term shown on the IFB. The Contractor may withdraw from the
Agreement on each anniversary of the award, provided that the Contractor provides bD Days
written notice of its intent to withdraw. Sourcewell may, for any reason, terminate this
Agreement at any time.
4.2 A Sourcewell Member may issue a Purchase Order at any time during the term of this
Agreement. All Purchase Orders issued during a term of this Agreement shall be valid and in
effect notwithstanding that the Detailed Scope of Work may be performed, payments may
be made, and the guarantee period may continue, after such term has expired.
5. GEOGRAPHIC AREA
Contractor will primarily work in the Geographic Area designated. However, if both parties agree,
the Contractor may work in another area at the Adjustment Factors bid.
6. ESTIMATED ANNUAL VALUE
The Estimated Annual Value of the Agreement is as specified in the IFB. The Contractor is not
guaranteed to receive any Purchase Orders under this Agreement. The (estimated Annual Value is
not a limit on the total value of Purchase Orders that could be issued to the Contractor in any one
year.
?. OPTION' TO BILATERALLY EXTEND CONTRACT
7.1 This Agreement has an initial term of one (1) year and two (2) bilateral option provisions for
two (2) additional terms. The total term of the Agreement cannot exceed three (3) years. One
additional six-month renewal -extension may be offered by Sourcewell to Contractor beyond
the total term if Sourcewell deems such action to be in the best interests of Sourcewell and
its Members.
7.2 The Construction Task Catalog issued with this Solicitation will be in effect for the entire
duration of this contract.
7.3 Economic Price Adjustment; The Adjustment Factors may be updated on each anniversary of
Section Two — Contract General Conditions Nlarch 2019
SOURCEWELL
Boots 2 — IQCC Standard Terms and Conditions and Contract General Conditions
the award date to account for changes in construction costs. If Sourcewell fails to issue the
Economic Price Adjustment by the anniversary date, it is the Contractor's responsibility to
request the Economic Price Adjustment. Thereafter, the Contractor's Adjustment Factors will
be adjusted according to the following:
7.1.1 The Contractor's Adjustment Factors will be adjusted according to the following:
7.1.1.1 A Base Year Index shall be calculated by averaging the 12 month
Construction Cost Indices (CCI) for the average of the twenty cities
published in the Engineering News Record (ENR) for the 12 months
Immediately prior to the month of the Solicitation (e.g. April Solicitation,
Base Year Index is April of the prior year to March of the Solicitation year).
7.1.1.2 A Current Year index shall be calculated by averaging the 12 month
Construction Cost Indices (CCI) for the average of the twenty cities
published in the Engineering News Record (ENR) for the 12 months
beginning with the month of anniversary of the Solicitation (e.g. April
Solicitation, Current Year Index is April of the prior year to March of the
current year).
7.1.1.3 The Economic Price Adjustment shall be calculated by dividing the Current
Year Index by the Base Year Index.
7.1.1.4 The Contractor's original Adjustment Factors shall be multiplied by the
Economic Price Adjustment to obtain the Contractor's new Adjustment
Factors effective for the next 12 months.
7.1.1.5 Averages shall be obtained by summing the 12 month indices and dividing
by 12.
7.1.1.6 All calculations In this article shall be carried to the fifth decimal place and
rounded to the fourth decimal place. The following rules shall be used for
rounding:
7.1.1.7 The fourth decimal place shall be rounded up when the fifth decimal place
is five (5) or greater.
7.1,1.8 The fourth decimal place shall remain unchanged when the fifth decimal
place is less than five (5).
7.1.2 ENR occasionally revises indices. ENR CCIs used in the calculations described above
shall be those currently published at the time the Economic Price Adjustment
calculation is performed. No retroactive adjustments will be made as a result of an ENR
revision. Revised CCi indices, if any, shall be used in subsequent calculations.
7.2 Under all circumstances, should the Contractor submit a Proposal Package with
inaccurate Adjustment Factors, the act of submission by the Contractor is a waiver
of all rights to any further compensation above the Purchase Order Price submitted
in the Proposal Package,
Section T)xo — Contract general Condition:, h-larch 2019
SC7URCOWELL
Book 2 — IQCC Standard Terms. and. Conditions. and Contract General Conditions
7.3 The Contractor cannot delay submission of the Proposal Package past the due date to take
advantage of a scheduled update of the Adjustment Factors. In that event, the Contractor shall
use the Adjustment Factors that would have been in effect without the delay..
8. PROCEDURE FOR ORDERING WORK
8.1 initiation of a Purchase Order
8.11 As the need exists, Sourcewell (or their designated representative) will, on behalf of
a Sourcewell Member, notify the Contractor of a Project and schedule a Joint Scope
Meeting.
8.1.2 The Contractor shall .attend the Joint Scope Meeting to discuss, at a minimum:
a, the general scope of the Work,
b: alternatives for performing the Work and value engineering,
c. access to the Site and protocol for admission,
d. hours of operation,
e. staging area,
f. requirements for professional services, sketches, drawings, and specifications,
g. construction schedule,
h. requirement for bonding
i. the presence of hazardous materials, and
j. date on which the Proposal Package is due.
8,1.3 Upon completion of the joint scoping process, Sourcewell (or their designated
representative), working with the Sourcewell Member and the Contractor, will
prepare a Detailed Scope of Work referencing any sketches, drawings, photographs,
and specifications required to document accurately the work to be accomplished.
Sourcewell (or their designated representative) will issue a Request for Proposal that
will require the Contractor to prepare a Proposal Package. The Detailed Scope of
Work, unless modified by both the Contractor and Sourcewell (or their designated
representative), will be the basis on which the Contractor will develop its Price
Proposal and Sourcewell (or their designated representative) and the Sourcewell
Member 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.
8.2 Preparation of the Price Proposal: The Contractor will prepare Price Proposals in accordance
with the following:
8.2.1 Pre -priced Tasks: A Pre -priced Task is a Task described and for which a Unit Price is
set forth in the Construction Task Catalog, For Pre -priced Tasks the Contractor shall
Identify the Task from the Construction Task Catalog and the quantities required.
8.2.2 Mon Pre -priced Tasks: A Non Pre -priced Task is a Task which is not in the Construction
Task Catalog.
8.2,2.1 If the Contractor will perform the Non Pre-pricedTask with its own forces,
it shall submit three independent quotes for all materials to be installed
and shall provide a breakdown of the labor and equipment costs,.
8.2.2.2 If the Non Pre -priced Task is to be subcontracted, the Contractor must
submit three independent bids from Subcontractors. The Contractor shall
Section Two — Contract [ enera& Conditions Nlarch 2019
SOURCEWELL
Book 2 — IQCC Standard Terms. and Conditions. and Contract General Conditions
not submit a quote or bid from any supplier or Subcontractor that the
Contractor is not prepared to use. Sourcewell may require additional
quotes and bids if the suppliers or Subcontractors are not acceptable or if
the prices are not deemed reasonable by Sourcewell or its designated
representative,
8.2.2.3 Pricing Non Pre -priced Tasks: The final price submitted for Non Pre -priced
Tasks shall be according to the following formula. Each Non Pre -priced Task
must be supported with the necessary back-up documents including the
calculation 'below:
For Work Performed with the Contractor's Own Forces:
1. The hourly rate for each trade classification not in the Construction
Task Catalog multiplied by the quantity;
2. The rate for each piece of Equipment not in the Construction Task
Catalog multiplied by the quantity,
3. Lowest of three independent quotes for all materials
Total Cost for self -perform work = (A+B+C) x NPP Adjustment Factor
For Work Performed by Subcontractors: If the Work is to be subcontracted, the
Contractor must submit three independent quotes from Subcontractors for the
Work. If three quotes or bids can not be obtained, the Contractor will provide the
reason in writing for Sourcewell Member's approval why three quotes cannot be
submitted.
D ® Lowest of three Subcontractor quotes
Total Cost of Subcontracted Non Pre -priced Task a D x NPP Adjustment Factor
8.2.2.4 At the discretion of Sourcewell (or their designated representative), Non
Pre -priced Tasks, as well as other Tasks, may be added to the CfC during
the course of the Agreement. Unit prices will be established based on actual
quotes from material suppliers and installers and fixed as a permanent Pre -
priced Task in the CTC.
8.2.23 Sourcewell (or their designated representative) determination as to
whether an item is a Pre -priced Task or a Non Pre -priced Task shall be final,
binding and conclusive as to the Contractor.
8.12.6 The means and methods of construction shall be such as the Contractor
may choose; subject however, to Sourcewell's right to reject means and
methods proposed by the Contractor that:
8.2.2.6.1 Will not produce finished Work in accordance with the terms of the
Contract; or
8.2.2.6.2 Unnecessarily increases the price of the Purchase Order when
alternative means and methods are available.
8.2.8 In the event the Contractor is required to work within a secured facility where labor,
material, and equipment must be inspected to pass through a secured perimeter, and
all work must be constantly monitored by facility personnel, such as a Department of
Section Trio — contract General Condition, N-larch 2019
SOURCEWELL
Book 2 — IC7!CC Standard Terms. and Conditions. and Contract general Conditions
Corrections prison, the Contractor will be paid for the labor time Lost as a result of
such perimeter inspection, as well as any loss of time resulting from a temporary shut
down of the work site required by the facility, such as a temporary shut down to move
prisoners.
8.2.4 The value of the Price Proposal shall be calculated by summing the total of the
calculations for each Pre -priced Tasks (Unit Price x quantity x Adjustment Factor) plus
the value of all pion Pre -priced Tasks.
8.2.5 The Contractor shall submit a complete Proposal Package, which includes:
a. any incidental drawings or sketches, calculations and or specification
information,
b. the Price Proposal, and a quantity take -off summary supporting all material
quantities contained in the Price Proposal
c. catalog cuts providing information on materials or products, as specifically
requested,
d. back-up for any Non Pre -priced Tasks,
e. identification of known Subcontractors and material suppliers,
f. a construction schedule,
g. for special equipment or materials, warranty information,
8.2.6 8y submitting a Price Proposal to Sourcewell, the Contractor agrees to accomplish the
Detailed Scope of Work in accordance with the Request for Proposal at the price
submitted. It is the Contractor's responsibility to include the necessary tasks and
quantities in the Price Proposal and apply the appropriate Adjustment Factor(s) prior
to delivering it to Sourcewell.
8.2.7 Whenever, because of trade jurisdiction rules or small quantities, the cost of a minor
task in the Price Proposal is less than the cost of the actual labor and material to
perform such task, the Sourcewell Member may permit the Contractor to be paid for
such task as a Non-Prepriced Task, or use Prepriced labor tasks and material
component pricing to cover the actual costs incurred. Provided, however, that there
is no other work for that trade on the Project or other work for that trade cannot be
scheduled at the same time and the final charge does not exceed $5,000.
8.3 Time for Submittal of the Proposal Package
8.3.5 The Proposal Package shall be submitted by the date indicated on the Request for
Proposal. All incomplete Proposal Packages shall be rejected. The time allowed for
preparation of the Proposal Package will depend on the complexity and urgency of
the Project but should average between seven and fourteen days. On complex
Projects, such as those 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.
8.3.2 In emergency situations and for Projects requiring immediate completion, the
Proposal Package may be required quickly and the due date will be so indicated on
the Request for Proposal or, the Contractor may begin work immediately, with the
paperwork to follow.
8.3.3 If the Contractor fails to meet the deadline for submittal of the Proposal Package, this
may be reason to suspend issuance of this particluar Purchase Order,
1D Sr ction Two — Contract gcnora8 Condition, klarch 2019
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8.3.4 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.
8.4 Review of the Proposal Package
8.4.1 Sourcewell (or their designated representative) and/or the Sourcewell Member (or
their designated representative) will evaluate the Price Proposal by evaluating the
nature and number of Tasks proposed against the agreed upon Detail Scope of Work
and will determine the reasonableness of approach. Furthermore Sourcewell (or their
designated representative) or the Sourcewell Member (or their designated
representative) may compare the Price Proposal to the Sourcewell Member cost
estimate for the Detailed Scope of Work. Sourcewell (or their designated
representative) or the Sourcewell Member(or their designated representative)
reserves the right to reject a Price Proposal based on unjustifiable/unsupported (with
take off details) quantities and/or Tasks, schedule, inadequate documentation, or for
any other reason.
8.4.2 If Sourcewell (or their designated representative) and/or the Sourcewell Member (or
their designated representative) finds any part of the Price Proposal unacceptable,
Sourcewell (or their designated representative) or the Sourcewell Member (or their
designated representative) may request the Contractor to re -submit its Price Proposal
or cancel the Project. The Contractor is expected to submit correct Price Proposals
the first time. However Sourcewell recognizes that some adjustments might have to
be made to the Price Proposal after review by Sourcewell (or their designated
representative) and the Sourcewell Member (or their designated representative).
Therefore, Sourcewell (or their designated representative) will allow the Contract -or
to submit the first Price Proposal and a second Price Proposal for each Purchase
order.
8.4.3 Additionally, Sourcewell (or their designated representative) and/or the Sourcewell
Member (or their designated representative) will evaluate all other components of
the Proposal Package and may request revisions thereto.
8.4.4 Requested revisions to any and all of the Proposal Package components should be
made by the Contractor and resubmitted in three (3) working days or less. If after
the second review by Sourcewell (or their designated representative) and/or the
Sourcewell Member (or their designated representative), Sourcewell (or their
designated representative) and/or the Sourcewell Member (or their designated
representative) finds, requested revisions to the Proposal Package that were not
made, this may be reason to suspend that particular Purchase order.
8.4.5 Failure by the Contractor to submit Proposal Packages, and revisions thereto, in a
timely manner (within time frames described above) is grounds for suspension of all
future Purchase Orders.
8.4.6 Sourcewell reserves the right to obtain Price Proposals from any or all of the
Contractors awarded an 1QCC Contract.
8.4.7 If the Contractor continues to submit Price Proposals which are rejected by
Sourcewell (or their designated representative), Sourcewell may declare the
Contractor in default and initiate termination of the Agreement, according to Article
12 sec:tion Two — Contract General Condition-s March 2019
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34 of the Agreement General Conditions.
8.5 Delivery of the Proposal Package
8.5.1 After Sourcewell for their designated representative) reaches an agreement with the
Contractor on the Proposal Package and any requested revision thereto, if applicable,
Sourcewell (or their designated representative) will assemble and deliver the
Proposal Package for the Sourcewell Member's consideration.
8.6 Review of the Proposal Package by the Sourcewell Member and Issuance of Purchase carder
8.6.1 The Sourcewell Member will evaluate the entire Proposal Package.
8.6.2 The Sourcewell Member may reject a Proposal Package for any reason
8.6.3 The Sourcewell Member may request changes to or clarifications of any part of the
Proposal Package, may require certificates of insurance, and may require a Labor and
Material Payment Bond and Performance Bond. The Contractor and Sourcewell (or
their designated representative) will work together to make any requested revisions
in a timely manner and resubmit a revised Proposal Package.
8.6.4 Upon approval of the Proposal Package by Sourcewell (or their designated
representative) and the Sourcewell Member, the Sourcewell Member may issue a
signed Purchase Order, Notice of Award, or similar document accepting the
Contractor's offer. The document will include:
a. Reference to the Detail Scope of Work
b. The Purchase Order Price
c. Start date, Purchase Order Completion Time (duration) and completion date
d. Whether liquidated damages will apply
8.6.5 When the Work Order Package is accepted, the Sourcewell Member may send to the
Contractor a Purchase Order, or a notice of intent to award a Purchase Order
(sometimes used if bonding is required) or a similar document.
8.6.6 Once a Contractor has accepted the Purchase Order then the Contractor may not
refuse to perform the work. Such actions may be grounds for termination of this
Contract or other disciplinary action at the option of Sourcewell
8.6.7 If performance and payment bonding is required, or if a separate and Jorspecial
insurance certificate is required, the Contractor will deliver such requirement to the
Sourcewell member within ten (10) days of notification of the requirement.
9. CHANGES
9.1 The Sourcewell Member reserves the right to make, in writing, at any time during the Work,
changes in the Detailed Scope of Work as are necessary to satisfactorily complete the Project,
and to delete in whole or in part, or to add to, the Detailed Scope of Work. Such changes,
deletions, or additions will not invalidate the Agreement or the Purchase Order nor release
the surety, if any, and the Contractor agrees to perform the Work as altered.
9.2 All changes, deletions, and additions to the retailed Scope of Work will be reflected in a
Supplemental Purchase Order developed and priced in accordance with the procedure for
developing and approving all Price Proposals.
12 $ectlon T7,+ o — contract Ccnerai Canditions. NIFirch 2019
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Book 2 — IQCC Standard Terms and Conditions and Contract General Conditions
10. MARKETING REQUIREMENTS
10.1 The Contractor shall be proactive about selling and marketing this Agreement to public
agencies and non-profit organizations. Failure to do so maybe grounds for termination of this
Agreement or other disciplinary action at the option of Sourcewell.
10.2 Sourcewell selected its indefinite Quantity Construction Contracting system based on their
research of what provides their Members with the best value and most cost effective results,
The Contractor shall avoid all conflicts of interest with the promotion of other IQCC systems
to any agency eligible to purchase under this Contract. The promotion of other IQCC systems
to any agency eligible to purchase under this Agreement may be grounds for termination of
this Contract.
10.3 The Contractor must adhere to the following when preparing marketing materials and web
sites, and in the use of trademarks and service marks:
10.3.1 The Contractor shall include the Sourcewell logo and website address on all remarketing
materials and web sites that mention this Agreement or have anything to do with this
Contract.
10.3.2 The Contractor shall include the eziQC logo, website address (www.eziQC.comj, and
ezIQC telephone number (888-993-9472) on all marketing materials and web sites
that mention this Agreementor have anything to do with this Contract.
10.3.3 The Contractor shall be authorized to use Sourcewell's and Gordian's names, logos,
trademarks, service marks and Sourcewell and Gordian provided materials solely for
the presentation and promotion of the availability and use of this Agreement by
Sourcewell Members and Potential Sourcewell Members, and agrees that all uses of
the trademarks and service marks belonging to Sourcewell and Gordian shall include
the appropriate trademark and service mark symbols (* or "I") at all times
10.3.4 The Contractor shall not collect information from a Sourcewell Member or Potential
Sourcewell Member on Contractor provided forms or web sites. The Contractor shall
advise the Sourcewell Members or Potential Sourcewell Members to enter all
information at the ezIQC11 website or the Contractor may input project information
on the ezIQC web site on behalf of a Sourcewell Member or Potential Sourcewell
Member.
10.3,4 Under no circumstance may copy or branding images of Sourcewell or Gordian be
altered in any way without the express written approval of Sourcewell or Gordian.
10.3.5 All marketing materials shall be coordinated with and approved by Sourcewell and
Gordian.
11. PUNCH LIST COMPLETION
11.1 The Contractor understands and agrees that time is of the essence in closing out the Work of
this Contract. Upon Substantial Completion of the Work, the Punch List will be transmitted to
the Contractor from the Sourcewell Member. The Contractor agrees to begin performance of
Punch List Work immediately after receipt of the Punch List.
11.2 Failure of the Contractor or its Subcontractors to begin the Punch List Work within three (3)
business days after receipt of the Punch List will be construed as failure to prosecute the Work
of the Contract.
13 Section Two — Contract general Conditions Nlarch 21119
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11.3 Punch List Work will be continuously prosecuted once begun and completedwithin thirty (30)
[days from the receipt of the Punch List, Should the Contractor fail to complete the Punch List
within this period of time, the liquidated damages as identified in Article 26 of the Contract
General Conditions will apply.
12, PAYMENT AND PERFORMANCE BONDS AND MATERIAL AND WORKMANSHIP
If required by the Sourcewell Member for a particular Work Order, the Contractor shall deliver a
Labor and Material Payment Bond and a Performance Bond in the amount of such Work Order. If
required by the Sourcewell Member for a particular Work Order, the Contractor shall deliver
Material and Workmanship Bonds in the amount required by the Sourcewell Member, The bonds
must be in a form, and executed by a surety, acceptable to the Sourcewell Member. The bonds must
be received before the Notice to Proceed will be issued. The Contractor shall be compensated for
the cost of the bonds up to 2% of the Work Order Price through the Reimbursable Fee work task in
the Construction Task Catalog. The Contractor shall apply a 1..1000 Adjustment Factor to the
Reimbursable Fee work task rather than applying the Contractor's competitively bid Adjustment
Factor.
13. COMPUTER SOFTWARE
The Contractor shall maintain at its office for its use a computer with an internet connection. The
Contractor will be furnished with a copy of the Internet based eGordian" software which will allow
the Contractor to generate Price Proposals. This software program contains an electronic copy of
the Construction Task Catalog and allows the Contractor to select items and quantities for use in a
particular Price Proposal. The software generates a Price Proposal in a preset format acceptable to
the Sourcewell Member. There is no separate charge to the Contractor for the software and the
related software training.
14. PREPAYMENT OPTION
A Sourcewell Member may elect to deposit the funds for any Project or Purchase Order in a special
account established by Sourcewell for the purpose of paying the Contractors for work to be
performed. Funds shall be transferred into and out of such account in strict accordance with the
rules and procedures established therefor.
Balance of Page Intentionally Left Blank
14 Section Two — Contract CeneraB Conditions, P-larch 201: )
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Book 2 — IQCC Standard Terms and Conditions and Contract General Conditions
SECTION TWO - CONTRACT GENERAL CONDITIONS
1. PROJECT MANAGER
Project Manager, the person or firm designated by a Sourcewell Member and authorized to
represent the Sourcewell Member in connection with a signed Purchase Order.
2. SOURCEWELL MEMBER'S RIGHT TO STOP WORK
The Sourcewell Member may order the Contractor to stop the Work on any Purchase Order, or any
portion thereof, at any time for any reason.
3. .SOURCEWELL MEMBER'S RIGHT TO COMPLETE WORK
If the Contractor has been ordered to stop the Work, the Sourcewell Member may, without
prejudice to other remedies, have the Work completed by any available means.
REVIEW OF HELD CONDITIONS
4.1 Before submitting a Price Proposal, the Contractor shall carefully study the Detailed Scope of
Work, as well as the information furnished by the Sourcewell Member, shall take field
measurements of any existing conditions related to the Work and shall observe any conditions
at the Site affecting it. Any errors, inconsistencies or omissions discovered by the Contractor
shall be reported promptlyto the Project Manager.
4.2 Any design errors or omissions noted by the Contractor during this review shall be reported
promptly to the Project Manager, but it is recognized that the Contractor's review is made in
the Contractor's capacity as a Contractor and not as a licensed design professional, The
Contractor is not required to ascertain that the Detailed Scope of Work is in accordance with
applicable laws, statutes, ordinances, building codes, and rules and regulations. However, any
nonconformity discovered by or made known to the Contractor shall be reported promptly to
the Project Manager.
S. SUPERVISION
5.1 The Contractor shall supervise and direct the performance of the Detailed Scope of Work,
using the Contractor's best skill and attention. The Contractor shall be solely responsible for
and have control over construction means, methods, techniques, sequences and procedures
and for coordinating all portions of the Work. If the Detailed Scope of Work gives specific
instructions concerning construction means, methods, techniques, sequences or procedures,
the Contractor shall evaluate the Site safety thereof and, except as stated below, shall be fully
and solely responsible for the jobsite safety of such means, methods, techniques, sequences
or procedures. if the Contractor determines that such means, methods, techniques,
sequences or procedures may not be safe, the Contractor shall give timely written notice to
the Project Manager and shall not proceed with that portion of the Work without further
written instructions from the Project Manager.
5.2 The Contractor shall be responsible to the Sourcewell Member for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other persons
or entities performing portions of the work for or on behalf of the Contractor or any of its
Subcontractors.
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5.3 The Contractor shall be responsible for inspection of portions of Work already performed to
determine that such portions are in proper condition to receive subsequent Work.,
5.4 Effective July 18, 2008, in addition to the existing prevailing wage rate law, Labor Law §220,
section 220-h, all laborers, workers, and mechanics working on the site of public work projects
of at least $250,000 are required to be certified as having successfully completed the OSHA
10-hour Construction Safety and Health Course S1537-A.
6. WORKMANSHIP AND QUALITY
6.1 The Contractor may make substitutions only with the consent of the Project Manager,
5.2 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Work. The Contractor shall not permit
employment of unfit persons or persons not skilled in the portions of the Work assigned to
them.
VAN ERETIRE",
7.1 All Work furnished under this Agreement shall be guaranteed against defective materials and
workmanship, improper performance and non-compliance with the Contract Documents for
a period of one year after final acceptance of the Work, except as otherwise specified in other
parts of the Contract Documents, or within such longer period of time as may be prescribed
by law or provided by the manufacturer.
7.2 During the guarantee period, the Contractor shall repair and replace at Contractor's own
expense, all Work that may develop defects whether such defects may be inherent in the
equipment or material's, in the functioning of the piece of equipment, or in the functioning
and operation of pieces of equipment operating together as a functional unit. Any equipment
or material which is repaired or replaced shall have the guarantee period extended for a
period of one year from the date of the last repair or replacement.
7.3 If the Contractor fails to repair, replace, rebuild or restore such defective or damaged Work
promptly after receiving such notice, the Sourcewell Member shall have the right to have the
Work done by others and to deductthe cost thereof from the monies owed to the Contractor.
If the amount owed is insufficient to cover such costs, the Contractor shall be liable to pay
such deficiency on demand.
7.4 The Project Manager's certificate setting forth the fair and reasonable cost of repairing,
replacing, rebuilding or restoring any damaged or defective Work when performed by one
other than the Contractor shall be binding and conclusive as the amount thereof upon the
Contractor.
7.5 The Contractor shall obtain all manufacturer's warrantees and guarantees of all equipment
and materials required by this Agreement in the name of the Sourcewell Member.
8. PERMITS, FILING
8.1 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
15 Section Two — Contract General Conditions N:l.arch 2019
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Book 2 — IQCC Standard Terms. and Conditions and Contract General Conditions
a Reimbursable Task to be paid a mark-up of 10% on the fees paid to a governmental entity
to obtain filings and permits. Contractor shall submit written documentation of such fees, The
10% mark-up shall cover all costs over and above the filing and permit fees, including
expeditor fees.
8.2 The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authorities applicable to performance of the Work.
8.3 It is not the Contractor's responsibility to ascertain that the Detailed Scope of Work is in
accordance with applicable laws, statutes, ordinances, building codes, and rules and
regulations. However, if the Contractor observes that any portion of the Detailed Scope of
Work is at variance therewith, the Contractor shall promptly notify the Project Manager in
writing.
9. PERSONNEL
The Contractor shall employ competent personnel for the development of the Project's Detailed
Scope of Work, the preparation of the Price Proposal and the execution of the Work. During the
performance of the Work, the superintendent assigned to the Project shall represent the
Contractor, and communications given to the superintendent shall be as binding as if given to the
Contractor. Important communications shall be confirmed in writing. Other communications shall
be similarly confirmed on written request in each case.
10. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
10.1 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents,
The purpose of their submittal is to demonstrate for those portions of the Detailed Scope of
Work for which submittals are required by the Contract Documents the way by which the
Contractor proposes to conform to the information given and the design concept expressed
in the Detailed Scope of Work. Submittals which are not required by the Contract Documents
may be returned by the Project Manager without action.
10.E The Contractor shall reviewfor compliance with the Contract Documents, approve and submit
to the Project Manager Shop Drawings, Product Data, Samples and similar submittals required
with reasonable promptness and in such sequence as to cause no delay in the Work or in the
activities of the Sourcewell Member or of separate contractors. Submittals which are not
marked as reviewed for compliance with the Contract Documents and approved by the
Contractor may be returned by the Project Manager without action,
10,E By approving and submitting Shop Drawings, Product Data, Samples and similar submittals,
the Contractor represents that the Contractor has determined and verified materials, field
measurements and field construction criteria related thereto, or will do so, and has checked
and coordinated the information contained within such submittals with the requirements of
the Detailed Scope of Work and of the Contract Documents.
10.4 The Contractor shall perform no portion of the Work for which the Contract Documents
require submittal and review of Shop Drawings, Product Data, Samples or similar submittals
until the respective submittal has been approved by the Project Manager.
10.5 The Work shall be performed in accordance with approved submittals except that the
Contractor shall not be relieved of responsibility for deviations from requirements of the
Contract Documents by the Project Manager's approval of Shop Drawings, Product Data,
Samples or similar submittals unless the Contractor has specifically informed the Project
17 Section Iwo — Contract Gnnerai Conditions h larch 2019
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Book 2 — IC?CC Standard Terms. and Conditions and Contract General Conditions
Manager in writing of such deviation at the time of submittal and (1) the Project Manager has
given written approval to the specific deviation as a minor change in the Work, or (2) a
Supplemental Purchase Order or written notice has been issued authorizing the deviation.
The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,
Product Data, .Samples or similar submittals by the Project Manager's approval thereof,
10.6 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings,
Product Data, Samples or similar submittals, to revisions other than those requested by the
Project Manager on previous submittals. In the absence of such written notice the Project
Manager's approval of a resubmission shall not apply to such revisions.
10.7 The Contractor shall not be required to provide professional services which constitute the
practice of architecture or engineering unless such services are specifically required by the
Detailed Scope of Work or unless the Contractor needs to provide such services in order to
carry out the Contractor's responsibilities for construction means, methods, techniques,
sequences and procedures. The Contractor shall not be required to provide professional
services in violation of applicable law. If professional design services or certifications by a
design professional related to systems, materials or equipment are specifically required of the
Contractor by the Detailed Scope of Work, the Sourcewell Member will specify all
performance and design criteria that such services must satisfy. The Contractor shall cause
such services or certifications to be provided by a properly licensed design professional,
whose signature and seal shall appear on all drawings, calculations, specifications,
certifications, Shop Drawings and other submittals prepared by such professional. shop
Drawings and other submittals related to the Work designed or certified by such professional,
if prepared by others, shall bear such professional's written approval when submitted to the
Project Manager. The Sourcewell Member shall beentitled to rely upon the adequacy,
accuracy and completeness of the services, certifications or approvals performed by such
design professionals, provided the Sourcewell Member has specified to the Contractor all
performance and design criteria that such services must satisfy. The Project Manager will
review, approve or take other appropriate action on submittals only for the limited purpose
of checking for conformance with information given and the design concept expressed in the
Detailed Scope of Work. The Contractor shall not be responsible for the adequacy of the
performance or design criteria required by the Detailed Scope of Work.
11. CUTTING AND PATCHING
11.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the
Detailed Scope of Work or to make its parts fit together properly.
11.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Sourcewell Member or separate contractors by cutting,
patching or otherwise altering such construction, or by excavation. The Contractor shall not
cut or otherwise alter such construction by the Sourcewell Member or a separate contractor
except with written consent of the Sourcewell Member and of such separate contractor; such
consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold
from the Sourcewell Member or a separate contractor the Contractor's consent to cutting or
otherwise altering the Work.
12. CLEANING UP
12.1 The Contractor shall keep the Site and surrounding areas free from accumulation of waste
is Section T•am — Contract Gencral Conditions March 2019
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materials or rubbish caused by operations under the Purchase Order. At completion of the
Work, the Contractor shall remove from and about the Site all waste materials, rubbish, the
Contractor's tools, construction equipment, machinery and surplus materials.
12.2 If the Contractor fails to clean up, the Sourcewell Member may do so and the cost thereof
shall be charged to the Contractor.
13. ACCESS Try THE WORK
The Contractor shall provide the Project Manager access to the Work at all times.
14. ROYALTiES, PATENTS AND COPYRIGHTS
The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims
for infringement of copyrights and patent rights and shall hold the Sourcewell Member and Project
Manager harmless from loss on account thereof, but shall not be responsible for such defense or
loss when a particular design, process or product of a particular manufacturer or manufacturers is
required by the Contract Documents or where the copyright violations are contained in Drawings,
Specifications or other documents prepared by the Sourcewell Member or Project Manager.
However, if the Contractor has reason to believe that the required design, process or product is an
infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such
information is promptly furnished to the Project Manager.
15. INDEMNiFICATION
15.1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses
are not covered by insurance purchased by the Contractor, the Contractor shall indemnify
and hold harmless Sourcewell, the Sourcewell Member, Project Manager, consultants, and
agents and employees of any of them from and against claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting from performance of
the Work, provided that such claim, damage, loss or expense is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangiible property (other than the
Work itself), but only to extent caused by the negligent acts or omissions of the Contractor, a
Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they
may be liable, regardless of whether or not such claim, damage, loss or expense is caused in
part by a party indemnified hereunder. Such obligation shall not be construed to negate,
abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to
a party or person described in this Paragraph.
15.2 In claims against any person or entity indemnified under this Paragraph by an employee of
the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone
for whose acts they may be liable, the indemnification obligation shall not be limited by a
limitation on amount or type of damages, compensation or benefits payable by or for the
Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or
other employee benefit acts.
16. SUBCONTRACTORS
16.1 The Contractor, as soon as practicable after award of the Purchase Order, shall furnish in
writing to the Project Manager the names of persons or entities (including those who are to
furnish materials or equipment fabricated to a special design) proposed for each portion of
the Work. The Project Manager will promptly reply to the Contractor in writing stating
19 Section Iwo — Contract General Conditions 'elarch 20.19
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Book 2 — IQCC Standard Terms. and Conditions. and Contract General Conditions
whether or not, after due investigation, Contractor has reasonable objection to any such
proposed person or entity, Failure of the Project Manager to reply promptly shall constitute
notice of no reasonable objection.
16.2 The Contractor shall not contract with a proposed person or entity to whom the Sourcewell
Member or Project Manager has made reasonable and timely objection. The Contractor shall
not be required to contract with anyone to whom the Contractor has made reasonable
objection.
16.3 If the Sourcewell Member or Project Manager has reasonable objection to a person or entity
proposed by the Contractor, the Contractor shall propose another to whom the Sourcewell
Member or Project Manager has no reasonable objection.
17. COORDINATION WITH OTHER CONTRACTORS
17.1 The Sourcewell Member reserves the right to perform construction or operations related to
the Purchase Order with the Sourcewell Member's own forces, and to award separate
contracts in connection with other portions of the Project or other construction or operations
on the Site.
17.2 The Sourcewell Member shall provide for coordination of the activities of the Sourcewell
Member's own forces and of each separate contractor with the Work of the Contractor, who
shall cooperate with them. The Contractor shall participate with other separate contractors
and the Sourcewell Member in reviewing their construction schedules when directed to do
so. The Contractor shall make any revisions to the construction schedule deemed necessary
after a joint review and mutual agreement. The construction schedules shall then constitute
the schedules to be used by the Contractor, separate contractors and the Sourcewell Member
until subsequently revised.
18. REQUEST FOR EXTENSION OF TIME
18.1 If the Contractor is delayed at any time in the commencement or progress of the Detailed
Scope of Work by an act or neglect of the Sourcewell Member or Project Manager, or of an
employee of either, or of a separate contractor employed by the Sourcewell Member, or by
changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries,
unavoidable casualties or other causes beyond the Contractor's control, or by other causes
which the Project Manager determines may justify delay, then the Purchase Order
Completion Time shall be extended for such reasonable time as the Project Manager may
determine.
18.2 The Contractor agrees to make no claim for damages for the delay in the performance of any
Purchase Order occasioned by any act or omission to act of the Sourcewell Member, Project
Manager or any of their representatives, and agrees that any such claim shall be fully
compensated for by an extension of time as provided herein.
19. PARTIAL PAYMENTS
19.1 The Contractor may submit a monthly application for Payment for Work completed to date.
The Contractor shall submit Certified Payroll Records, and such other supporting
documentation as may be required by the Project Manager, The Contractor may be required
to submit Certified Payroll Records online. The Project Manager will inspect the work within
a reasonable time and the Sourcewell Member shall make partial payments to the Contractor
20 Section Two — Contract General Condition, N-larch 2019
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based on the approved value of completed Work.
19.2 The Sourcewell Member may withhold up to 5% of each payment until final completion of the
Purchase Order.
19.3 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the
Sourcewell Member, out of the amount paid to the Contractor on account of such
Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled,
reflecting percentages actually retained from payments to the Contractor on account of such
Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with
each Subcontractor, require each Subcontractor to make payments to its Sub -Subcontractors
in a similar manner.
20. FINAL PAYMENTS
20.1 The Contractor shall notify the Project Manager when the detailed Scope of Work is complete
and ready for final inspection. The Project Manager will promptly make such inspection. If the
Project Manager finds the Detailed Scope of Work complete and all final documentation
submitted, the Project Manager will notify the Contractor that a final Application for Payment
may be submitted.
20.2 The Contractor may then submit a final Application for Payment. The Contractor shall submit
Certified Payroll Records and such supporting documentation as may be required by the
Project Manager. The Sourcewell Member shall make final payment to the Contractor.
20.3 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment.
21. PARTIAL OCCUPANCY OR USE
21.1 The Sourcewell Member may occupy or use any completed or partially completed portion of
the Work at any stage when such portion is designated by separate agreement with the
Contractor, provided such occupancy or use is consented to by the insurer and authorized by
public authorities having jurisdiction over the Work. Such partial occupancy or use may
commence whether or not the portion is substantially complete, provided the Sourcewell
Member and Contractor have accepted in writing the responsibilities assigned to each of
them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the
Work and insurance, and have agreed in writing concerning the period for correction of the
Work and commencement of warranties required by the Contract Documents. When the
Contractor considers a portion substantially complete, the Contractor shall prepare and
submit a list to the Project Manager. Consent of the Contractor to partial occupancy or use
shall not be unreasonably withheld. The stage of the progress of the Work shall be determined
by written agreement between the Sourcewell Member and Contractor.
21.2 Immediately prior to such partial occupancy or use, the Sourcewell Member, Contractor and
Project Manager shall jointly inspect the area to be occupied or portion of the Work to be
used in order to determine and record the condition of the Work.
21.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work
shall not constitute acceptance of Work not complying with the requirements of the Contract
Documents.
21 Section Tv o — Contract Ccncrall Conditions March 2019
SOURCEWELL
Book 2 — IQ,CC Standard Tern -is and Conditions. and Contract General Conditions
22, IDENTI'FICATiON AND SECURITY REQUiREMENTS
The Contractor shall comply with all identification and security requirements that the Sourcewell
Member may establish„
23. PROTECTION OF PERSONS AND PROPERTY
23.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable
protection to prevent damage, injury or loss to:
23.1.1 employees on the Work and other persons who may be affected thereby;
23.1.2 the Work and materials and equipment to be incorporated therein, whether in
storage on or off the site, under care, custody or control of the Contractor or the
Contractor's Subcontractors or Sub -subcontractors; and
23.1.3 other property at the Site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal,
relocation or replacement in the course of construction.
23.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property
or their protection from damage, injury or loss.
23.3 The Contractor shall erect and maintain, as required by existing conditions and performance
of the Detailed Scope of Work, reasonable safeguards for safety and protection, including
posting danger signs and other warnings against hazards, promulgating safety regulations and
notifying Sourcewell Member and users of adjacent sites and utilities.
23.4 When use or storage of explosives or other hazardous materials or equipment or unusual
methods are necessary for execution of the Work, the Contractor shall exercise utmost care
and carry on such activities under supervision of properly qualified personnel.
23.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured
under property insurance required by the Contract Documents) to property caused in whole
or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or
indirectly employed by any of them, or by anyone for whose acts they may be liable and for
which the Contractor is responsible, except damage or loss attributable to acts or omissions
of the Sourcewell Member or Project Manager or anyone directly or indirectly employed by
either of them, or by anyone for whose acts either of them may be liable, and not attributable
to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are
in addition to the Contractor's other obligations included herein.
23.6 The Contractor shall designate a responsible member of the Contractor's organization at the
Site whose duty shall be the prevention of accidents. This person shall be the Contractor'
superintendent unless otherwise designated by the Contractor in writing to the Project
Manager.
23.7 The Contractor shall not load or permit any part of the construction or Site to be loaded so as
to endanger its safety.
24. HAZARDOUS MATERIALS
24.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to
persons resulting from a material or substance, including but not limited to lead based paint,
22 Section Two — Contract General Conditions P larch 2019
SOURCEWd LL
Book 2 — IQCC Standard Terms and Conditions. and Contract General Conditions
asbestos or polychlorinated biphenyl (PCB), encountered on the Site by the Contractor, the
Contractor shall, upon recognizing the condition, immediately stop the Work in the affected
area and report the condition to the Project Manager in writing.
24.2 The Sourcewell Member shall obtain the services of a licensed laboratory to verify the
presence or absence of the material or substance reported by the Contractor and, in the event
such material or substance is found to be present, to verify that it has been rendered
harmless. Unless otherwise required by the Contract Documents, the Sourcewell Member
shall furnish in writing to the Contractor and Project Manager the names and qualifications of
persons or entities who are to perform tests verifying the presence or absence of such
material or substance or who are to perform the Task of removal or safe containment of such
material or substance. The Contractor and the Project Manager will promptly reply to the
Sourcewell Member in writing stating whether or not either has reasonable objection to the
persons or entities proposed by the Sourcewell Member. If either the Contractor or Project
Manager has an objection to a person or entity proposed by the Sourcewell Member, the
Sourcewell Member shall propose another to whom the Contractor and the Project Manager
have no reasonable objection. When the material or substance has been rendered harmless,
the Work in the affected area shall resume upon written agreement of the Sourcewell
Member and Contractor. The Purchase Order Completion Time shall be extended
appropriately.
24.3 To the fullest extent permitted by law, the Sourcewell Member shall indemnify and hold
harmless the Contractor, Subcontractors, Project Manager, Project Manager's consultants
and agents and employees of any of them from and against claims, damages, losses and
expenses, including but not limited to attorneys' fees, arising out of or resulting from
performance of the Work in the affected area if in fact the material or substance presents the
risk of bodily injury or death as described herein and has not been rendered harmless,
provided that such claim, damage, loss or expense is attributable to bodily injury, sickness,
disease or death, or to Injury to or destruction of tangible property (other than the Work
itself) and provided that such damage, Foss or expense is not due to the sole negligence of a
party seeking indemnity.
24.4 The Sourcewell Member shall not be responsible for materials and substances brought to the
Site by the Contractor unless such materials or substances were required by the Detailed
Scope of Work.
24.5 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost
of remediation of a hazardous material or substance solely by reason of performing the Work
as required by the Contract Documents, the Sourcewell Member shall Indemnify the
Contractor for all cost and expense thereby incurred.
25. INSURANCE REQUIREMENTS
25.1 The Contractor shall procure and maintain, at its own cost and expense, until final acceptance
of all the Work covered by this Agreement, the following kinds of insurance:
25AJ Workers' Compensation Insurance. A policy complying with the requirements of the
laws of the State in which the Project is located.
25.1.2 General Liability and Property Damage Insurance. A standard general
comprehensive liability insurance policy or a commercial general liability insurance
policy issued to and covering the liability of the Contractor for all Work and
23 Section Two — Contract Cenpral Conditions 'N-1 arch 20,LDS
SOURCE;'NEll
Book 2 — IQCC Standard Terms and Conditions. and Contract General Conditions
operations under this Agreement, including, but not limited to, contractual and
completed operations coverage. The coverage under such policy shall not be less
than the following limits: Bodily Injury and Property Damage Liability, $ 2,000,000
Each Occurrence, 2,000,000 Aggregate.
25.1.3 Automobile Liability and Property Damage Insurance. A policy covering the use in
connection with the Work covered by the Contract Documents of all owned, non -
owned and hired vehicles bearing, or, under the circumstances under which they
are being used, required by the Motor Vehicle Laws of the State in which the Project
is located. The coverage under such policy shall not be less than the following limit:
Bodily Injury and Property Damage Liability, $2,000,000 Each Occurrence.
25.1.4 All Risk Builders Risk insurance. Where specifically required in the Detailed Scope
of Work, the Contractor shall provide, before the Purchase Order is issued, Builders'
Risk Insurance in an amount at least equal to the Purchase Order Price in a form
and by a carrier acceptable to the Sourcewell Member. The cost of such Builders
Risk Policy shall be reimbursed to the Contractor as a reimbursable task.
25.1.5 Pollution Liability Insurance. If a Project involves asbestos abatement encapsulation
or other activities involving hazardous materials, the Contractor, Subcontractor or
other party responsible for such Work shall procure and maintain a liability
insurance policy issued to and covering the liability, of the Contractor,
Subcontractor or other party engaged in the removal, or handling of hazardous
materials, for bodily Injury, illness, sickness or property damage caused by exposure
in an amount not less than $2,000,000 per occurrence and $2,000,000 aggregate.
The cost of Pollution Liability Insurance is included in the Unit Prices and will not be
reimbursed separately.
25.2 The Contractor shall provide certificates of insurance. Such certificates shall be on a form
prescribed by Sourcewell, shall list the various coverages and shall contain, in addition to any
provisions hereinbefore required, a provision that the policy shall not be changed or cancelled
and that it will be automatically renewed upon expiration and continued in force until final
acceptance by Sourcewell, or Sourcewell Member, of all the work covered bythe Agreement,
unless Sourcewell is given fifteen (15) days' written notice to the contrary. Upon request, the
Contractor shall furnish Sourcewell or any Sourcewell Member with a certified copy of each
policy.
25.3 All insurance required to be procured and maintained as aforesaid must be procured from
insurance companies approved by Sourcewell.
25,4 If at any time any of the above -required insurance policies should be cancelled, terminated
or modified so that insurance is not in effect as above required, then, if Sourcewell shall so
direct, the Contractor shall suspend performance of the work. if the said work is so
suspended, no extension of time shall be due on account thereof. If said work is not
suspended, then Sourcewell may, at its option, obtain insurance affording coverage equal to
that above required, the cost of such insurance to be payable by the Contractor.
25.5 Should the awarded Contractor retain a Subcontractor to perform any of the services
mentioned herein, it is the Contractor's responsibility to ensure that the Subcontractor(s)
maintains the same types of insurance coverage in accordance with the requirements and
amounts indicated herein.
24 $ectlon Tvio — Contract G ner A Condition., March 2019
SOURCEWLL
Book 2 — IQCC Standard Terms. and Conditions. and Contract General Conditions
25.6 Sourcewell, its officers, and employees must be included as a named insured. Any Sourcewell
Member, its officials, officers, and employees must be included as a named insured when so
requested by the Sourcewell Member.
26. LIQUIDATED DAMAGES
26.1 If provided for in the Invitation for Bid, Sourcewell may assess liquidated damages for each
day after the Purchase Order Completion Time that the Detailed Scope of Work is not
complete. It is understood and agreed by and between Contractor, Sourcewell and the
Sourcewell Member, that time is of the essence in all matters relating to Liquidated Damages.
26.2 The liquidated damages shall be determined on a Purchase Order by Purchase Order basis.
27. TESTS AND INSPECTIONS
27.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents
or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction
shall be made at an appropriate time. unless otherwise provided, the Contractor shall make
arrangements for such tests, inspections and approvals with an independent testing
laboratory or entity acceptable to the Sourcewell Member, or with the appropriate public
authority. The Contractor shall give the Project Manager timely notice of when and where
tests and inspections are to be made so that the Project Manager may be present For such
procedures.
27.2 If the Project Manager, Sourcewell Member or public authorities having jurisdiction
determine that portions of the Work require, through no fault of the Contractor, additional
testing, inspection or approval, the Project Manager will instruct the Contractor to make
arrangements for such additional testing, inspection or approval by an entity acceptable to
the Sourcewell Member, and the Contractor shall give timely notice to the Project Manager
of when and where tests and inspections are to be made so that the Project Manager may be
present for such procedures. Such costs shall be at the Sourcewell Member's expense.
27.3 If such procedures fortesting, inspection or approval reveal failure of the portions of the Work
to comply with requirements established by the Contract Documents, all costs made
necessary by such failure including those of repeated procedures and compensation for the
Project Manager's services and expenses shall be at the Contractor's expense.
27.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the
Contract Documents, be secured by the Contractor and promptly delivered to the Project
Manager.
27.5 If the Project Manager is to observe tests, inspections or approvals required by the Contract
Documents, the Project Manager will do so promptly and, where practicable, at the normal
place of testing.
27.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly
to avoid unreasonable delay in the Work.
28 GOVERNING LAW
28.1 The Agreement shall be governed by the law of the place where the Project is located.
28.2 Sourcewell's liability shall be governed by the provisions of the Minnesota Tort Claims Act,
Minnesota Statutes, Section 3.736, and other applicable law.
25 5ectlon ToNio — Contract Cencral Condition:; NiFirch 2011.9
SOURCEWELL
Book 2 — IQCC Standard Terms and Condltl6ns and Contract General Conditions
28.3 All claims and controversies between Sourcewell and Contractor shall be subject to the laws of
the State of Minnesota and are to be resolved in Todd County Minnesota.
29. COMPLIANCE WITH LAWS
In connection with the performance of this Agreement, the Contractor shall comply with all
applicable laws, rules and regulations. The parties hereto agree that every provision of law required
to be inserted herein be deemed a part hereof. It is further agreed that if any such provision is not
inserted or is incorrectly inserted, through mistake or otherwise, this Agreement shall be deemed
amended so as to comply strictly with the law.
30. SEVERANCE
If the contract Documents contains any unlawful provision not an essential part of the contract
Documents and which shall not appear to have been a controlling or material inducement to the
making thereof, the same shall be deemed of no effect and shall, upon notice by either party, be
deemed stricken without affecting the binding force of the remainder.
31. LICENSE
Contractor shall obtain all licenses required from all public agencies with Jurisdiction over the Work
and shall keep these documents properly posted at the Site at all times during the performance of
the Work.
32. ASSIGNiVfENT
No right or interest in this Agreement shall be assigned or transferred by the Contractor without
prior written consent of Sourcewell. No delegation of any duty of the contractor shall be made
without prior written consent of Sourcewell.
33. CLAIMS AND DISPUTES
All claims or disputes between the Sourcewell Member and Contractor shall be resolved by
Sourcewell Members representive.
34. TERMINATION BY SOURCEWELL FOR CAUSE
34.1 Sourcewell may terminate the Agreement if the Contractor:
34.1.1 persistently or repeatedly refuses or falls to supply enough properly skilled workers
or proper materials;
34.1.2 fails to make payment to Subcontractors for materials or labor in accordance with
the respective agreements between the Contractor and the Subcontractors;
34.1.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction; or
34.1.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
34.2 If an unpaid balance of one or more Purchase Orders exceeds the costs of finishing the Work,
such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid
balance, the Contractor shall pay the difference to Sourcewell.
34.3 The Sourcewell Member may not terminate this Agreement between Sourcewell and the
Contractor.
26 Section Two — Contract Gencra9 Conditions March 2019
SOURCEVUELL
Book 2 — IQCC Standard Terms. and Conditions. and Contract General Conditions
35. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT
35.1 The Contractor shall not unlawfully discriminate against any employee or applicant for
employment because of race, religion, age, color, sex or National origin, sexual orientation,
marital status, political affiliation, or physical or mental disability If qualified. The Contractor
shall take affirmative action to ensure that applicants are employed, and that employees are
treated during their employment without regard to their race, religion, color, sex or National
origin, sexual orientation, marital status, political affiliation, or physical or mental disability.
Such actions shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of
pay or other forms of compensation; and selection of training, including apprenticeship. The
Contractor agrees to post in conspicuous places available to employees and applicants for
employment, notices setting forth the provisions of this non-discrimination clause.
35.2 The Contractor shall comply with Title I of the Americans with Disabilities Act regarding
nondiscrimination on the basis of disability in employment and further shall not discriminate
against any employee or applicant for employment because of race, age, religion, color,
gender, sexual orientation, national origin, marital status, political affiliation, or physical or
mental disability. In addition, the Contractor shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons. Such actions shall include, but
not be limited to, the following; employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms
and conditions of employment, training (including apprenticeship), and accessibility.
36. AUDITS
Sourcewell may, at any time after reasonable notice, audit Contractor's records to establish total
compliance and to verify the prices charged are In accordance with the Agreement. Contractor
agrees to provide verifiable documentation and tracking in a timely manner.
37. GRATUITIES
Sourcewell may cancel this Agreement if it is found that gratuities, in the form of entertainment,
gifts or otherwise, were offered or given by the Contractor or any agent or representative of the
Contractor, to any employee of Sourcewell, are deemed to be excessive with a view toward securing
a contract or with respect to the performance of this contact. However, paying the expenses of
normal business meals or travel to meetings as described and allowed by law, which are generally
made available to all eligible school and government employees, shall not be prohibited by this
paragraph. Samples of software, equipment, or hardware provided to Sourcewell for
demonstration, evaluation or loan purposes are not considered gratuities.
38. FEDERAL FUNDS (APPLIES TO WORK ORDERS DESIGNATED BY AN AGENCY AS
FIDERAL ASSISTED)
38.1 This may be a Federal assisted construction contract and Federal Labor standards,
including the Davis -Bacon requirements, will be enforced. If Federal and State wage
rates are applicable, then the higher of the two will prevail. A copy of the Department
of Labor Wage Rate Determination applicable to this contract must be included.
38.2. Particulars of the current Prevailing Wage Scale, which are applicable to the work
27 Section Two — Contract general Condition., March 2019
SOURCEWELL
guok 2 — IQCC Standard Terms and Conditions and Contract General Conditions
contemplated under these specifications, are filed with the awarding entity and the
agency and must be posted at the project site.
38.3 Certification of compliance with Executive Order 11246, as amended, "EACH BIDDER/OFFER,
CONTRACTOR, OR SUBCONTRACTOR HEREBY CERTIFIES THAT IT WILL FULLY COMPLY WITH
EXECUTIVE ORDER 11246, AS AMENDED BY EXECUTIVE ORDER 11375, AND THE EQUAL
OPPORTUNITY CLAUSE AND RULES AND REGULATIONS ISSUED THEREUNDER, WHICH ARE
HEREBY INCORPORATED BY REFERENCE AS APPROPRIATE. THE CONTRACTOR COMMITS
ITSELF TO SUCH COMPLIANCE BY SUBMITTING A PROPERLY SIGNED BID OR OFFER BY
SIGNING OR OTHERWISE ACCEPTING A CONTRACTOR SUBCONTRACT."
38.4 The contractor shall not use the goals and timetables or affirmative action standards
to discriminate against any person because of race, color, religion, sex, or national
origin.
38.5 The Contractor shall allow the Agency access to Contractor's employment records
during regular business hours to verify compliance with these provisions when
so requested by the Agency.
38.6 If this is a HUD Section 3 contract and bidders must address the Section 3
employment and contacting goals to be considered a Section 3 responsive bidder.
The Contract will be awarded to a Section 3 responsive bidder, provided that
the bid amount is reasonable. The definition of a responsive bidder shall include
consideration of a bidder's responsiveness to Section 3 requirements. A Section 3
responsive bidder who qualifies as a Section 3 Business concern or one who
makes a commitment to meet the employment goal for Section 3 resident(s)
and/or meets the contracting goals for Sectlon3 business firm(s). A bidder who is
nonresponsive to Section 3 requirements shall be considered a nonresponsive
bidder for the purpose of evaluation bids for a Section 3 contract. The Contract will
be awarded to a Section 3 responsive bidder, provided that the bid amount is
reasonable. A reasonable bid is a bid that is not more than ten percent (10%)
higher than the lowest bid received from any qualified source. If a Section 3
responsive bid is not received within the ten percent (10%) zone of consideration
for Contract award, the award shall be made to the bidder who submits the lowest
bid.
38.7 Companies or individuals that are presently debarred, suspended, proposed for
debarment, or declared ineligible for award of federally funded contracts or
subcontracts are also ineligible for award of this contract, either as the prime
Contractor or as a subcontractor.
38.8 The following requirements may apply to those Work Orders designated by the
agency as Federally Assisted.
+ Federal Highway Administration (FHWA) Circular 1273
+ Federal Equal Employment Opportunity/Affirmative Action Requirements
+ Federal Labor Standards Provisions
* Compliance with Clean Air and Water Acts
29 Section Two — Contract General Conditions, Nolayrch 201
SOURCEWELL
Book 2 — IQCC Standard Terms. and Conditions and Contract General Conditions
+ Non -collusion Affidavit to Be Executed By Bidder and Submitted With Bid
+ Non -Segregated Facilities Certification
+ Certification With Regard to The Performance of Previous Contracts Or
Subcontracts Subject to The Equal Opportunity Clause And The Filing Of Required
Reports
+ Agency Lobbyists Codes
+ Contractor List of Proposed Subcontractors
+ Certification of Understanding and Authorization
+ Equal Employment Opportunity Commitment
+ Sample Outreach Efforts for Contractors Seeking Section 3 Resident Employees
+ Section 3 Business Certification Form
+ Section 3 Economic Opportunity Plan
+ Section 3 Clause
(The rest of this page is intentionally left blank)
29 erection Two — Contract General Conditions March 2019
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
EXHIBIT "B"
Contractor's Proposal
Team Contnetirt L 1 Im. 13
Gc3RDIAN`"
Work Order Signature Document
EZIQC Contract No.: FL-SEA-GC04-041019-TCI
ElNew Work Order El Modify an Existing Work Order
Work Order Number.: 085266.00 Work Order Cate: 1011612020
Work Order Title: Parking revisions for ADA Compliance at Gwen Margolis Park
Owner Name: SOURCE WELL - FL - Sunny Islas Contractor game: Team Contracting, Inc,
Contact: Richard Labinsky Contact: Daniel Cell
Phone: 305-792-1817 Phone: 305 207.9799
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of EZIQC
Contract No FL-SEA-GC04.041019-TCI.
Brief Work Order DosGriptiQn:
• Demo existing frame and grate • Provide and install new frame and grate - Demo existing sections of sidewalk
(includes section connecting to park) and curb & gutter near park entrance. • Construct new valley gutter, approach and
sidewalk • Construct new bicycle pate next to dog park entrance • Mill existing lot and resurface. Includes new ADA
compliant stall and walkway. - Stripe existing lot(paint only)
Time of Performance Estimated Start Date:
Estimated Completion Date:
Liquidated Damages Will apply: 11 Will not a I : U
Work Order Firm Fixed Price: $43,259.25
Owner Purchase Order Number:
Approvals
Owner Date Contractor
Date
Wor1c Order Slgnaturo Document Pape 1 of 1
10110420
Duren'
Detailed Scope of Work
To: Daniel Gell
Team Contracting, Inc,
13911 SW 42nd St. Suite 209
Miami, FL 33175
305 207.9799
GOR 0 IANCO
From: Richard Labinsky
SOURCEWELL - FL - Sunny Isles
18070 Collins Ave
Sunny Isles, FL 33160
305-792-1817
Date Printed: October 16, 2020
Work Order Plumber: 085266,OD
Work Order Title: Parking revisions for ALGA Compliance at Gwen Margolis Park
Brief Scope. - Demo existing frame and grate - Provide and install new frame and grate - Demo
existing sections of sidewalk (includes section connecting to park) and curb & gutter
near park entrance. - Construct new valley gutter, approach and sidewalk
Construct new bicycle pad next to dog park entrance - Mill existing lot and
resurface. Includes new ADA compliant stall and walkway, - Stripe existing lot (paint
only)
Preliminary U Revised I -I Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items
set forth below shall be considered part of this scope of work.
- Demo existing frame and grate - Provide and Install new frame and grate - Demo existing sections of sidewalk (includes
section connecting to park) and curb & gutter near park entrance. - Construct new valley gutter, approach and sidewalk -
Construct now bicycle pad next to dog park entrance - Mill existing tot and resurface. Includes now ADA compliant stall
and walkway. - Stripe existing lot (paint only)
Sublect to the terms and conditions of JOC Contract FL-SEA-GC04-041019-TCI.
Co ntracto r Date
[owner Date
Scope of Work Fade i of i
i iamoz1
Contractor's Price Proposal - Summary
Date, October 16, 2020
Re: 10C Master Contract #:
Work Order
Owner PO #,
Title:
Contractor;
Proposal Value:
FL-SEA-GQ04-041 01 9-TC]
08520$100
Parking revisions for ADA Compliance at Gwen Margolis Palk
Team Contracting, Inc.
$43,259.25
No Category Input $43,259.25
Proposal Total
Thist total represents the correct total for the proposal. Any discrepancy bel%ven line tolals,
sub-talsts and the proposal Vat is clue to rounding.
The Percentage of NPP on this Proposal: %
$43,259.25
Oonvaclof's Price Noposal - Surnmary Pane 1 of 1
101116=0
Contractor's Prig Proposal - Detail
Date, October 16, 2Q20
Re. IQC truster Contract #:
FL-SEA-GC04-041019-TCI
Work Order*
08526> .00
Oviner PO
Title.
Parktnrg revisions for ADA Compliance, at Gwen Margolis, Park
Contractor:
Team Contracting, Inc.
PropoGal 'Value:
$43,259.25
Sect, atom Mace.
UOM Description
Ltne Total
Labor Equip. Material @Excludes)
No Categ= Copan
f 01 22 20 00 = S
HR LeborerFor tasks not inrJuded in the Canstruclion Task Catelogikl) and as
5603.21
directed by owner only,
Quantity Unit Price Factor
Total
fnsta0ation 16.O0 x 37.16 x 1,1491
683.21
2laborers to work existing structure for new structura
2 0.1 22 20 00 0048
HR Surveyor (instrument person)
S76B.44
Quantity Unit Price Factor
Total
Installation 16.00 x 41,135 x 1.1491 =
769.44
Layout handicap Stall and structure elevations, Layout angled parking stalls
3 01 22 20 00 0049
HR Surveyor (Rod person)
5742,04
Quantity Unit Price Factor
Ta1al
Installation 16.O0 x 40,36 x 1.1491 =
742.04
Layout handicap stall and structure elevalions,. Layout angled porklllg stalls
4 01 22 23 00 11223
EA Mobilization of Steel Roadway PlatesMotail¢ation Far esch site location-
5263.24
Quantity Unit Price Factor
Total
Instagallon 1.00 x 229.O8 x 1.14131 -
263.24
5 01 22 23 UOO 0225
DAY 1' x Tx B' Steel Plate
5150.42
Quantity Unit Price Factor
Tolal
Installation 5-00 x 26-18 x 1.1491 -
150.42
6 111 22 23 0419261
DAY $' Read Broom, Sell Propelled Street Sweeper With Full -Time Operator
56T9.at)
Quantity Unit Price Factor
Total
Installation 1.00 x 591.33 x 1,1401 -
679.50
7 01 22 23 W 0413
DAY 11,000 LB Mini -Excavator V ith FO-Tiime Operator
Quantity Unit trice Factor
Total
_
Instatfailon 2.00 x 840.75 x 1.1491
1,932,21
Excavate around existing structure and unload new top
8 01 55 26 00 0034
DAY Channelizar Drum
$2013.fi6
Quantity Unit Price Factor
Total
Installation 140.00 x 1.67 x 1.1491 T
Z8$.66
20 drums x 7 days
9 GI 71 13 00 0003
EA Equipment Delivery, Pickup, Mobtfizalion And DemobiliZativn Using ATrador
$3,672.70
Trailer Win Up To 53' Bedlncluxles loading, tie -down of equipment, delivery of
equipment, off loading on site, rigging, dismantling, loading for return and
transporting away. For equipment suo as bultdozers, motor scrapers,
hydraulic excavalors, gradalls, road, graders, toader-ba0hoes, hetryy duty
construction loaders,, LVEICA S, pavers, r09lerS, bridge fnishars, straight mast
constructlan forklifts, telescoping boom rough terrain construction forklifts.
telescoping and articulating boom manliifts with >40' tram lengths, etc.
Quantity Unit Nee Factor
Total
I nsta0allon 5.00 x 639.23 x 1.1491 -
3 572 70
Milling machina, sweeper, paving machine, asphalt drum roller and excavator
Contractor's Price Proposal - Detail Pane 1 of
10tif3f2020
Contractor's Price Proposal - Detail Continues..
Work Order Number, 085266.00
Work Order Title:
Parking revisions for ADA Compliance at Gwen Margolis Paris
No Category input
10 01 74 19 00 0036
CY Asphatt, Concrete, Caravel And Subgrade Material, Landfill Dump Fee
$2,799.68
Quantity Unit Price
Factor
Total
Installation 53.00 x 45.97 x
1.1491 -
2.709.69
Milted asphalt (38 cly x 1,25 bulk factor). Broken concrete (1,25 c&g * 3
cy sidewalk x 1.40
bulk factor)
11 01 74 19 00 0038
CYM Hauling On Paved Roads, First 15 Mites
5365.59
QuarnitY Unit Pdoe
Factor
Total
Installation 530.25 x 0.60 x
1.1491 =
365,59
(3a CY milled asphalt + 5.25 CY concrete) x 15 miles
12 01 74 19 Olt 0039
CYM Hauling On Paved Roads, Miles Over Initial 15 Miles
$99.40
Quantity Unit Price
Factor
Total
Instalation 216,25 x 0.40 x
1.1491
99.40
43.25 x 5 additional miles
13 02 41 13 13 0029
5Y >6" To 9" By Machine, Break-up Arid Remove Welded Wire Reinforced
S821.49
Concrete 'Paving
Quantity Unit Price
Factor
Total
Instalation 30,00 x 23.83 x
1.1491 -
821.49
Sfdtstvalk demo
14 02 4-1 -19 13 0070
EA Saw Cut Minimum ChargeFor projects where the total Saw cutting charge is
$11866.85
less than the minimum charge, use this task exclusively. This
task should not
be used in conjunction with any other tasks in this section.
Quantity Unit Price
Factor
Total
Installation 3.00 x 541.54 x
1.1491 -
1•665•85
Saw cut milling areas prior to milling and for Cnncrete dents
15 10 14 53 00 0078
Fes. 18" x 30" Steel Non ReFlectarized Traffic Sign
$61.74
Quantity Unit Price
Factor
Total
Installation 100 x 53,73 x
1.1491
61,74
NawADA parking sign
16 10 14 53 00 0181
EA 8' Baked 11namel U-Channel Sign Post
$75A3
Quantity Unit Price
Factor
Total
Instalation 1.00 x 68,64 x
1,1491
75.43
Ns'N post far ADA sign
17 31 23 16 13 0008
CY Excavation Far Trenching By Hand In Loose Rackfncfudes stockpiling excess
5138A8
nmterlals and trimming sides and bottom of trench.
0Ruantity Unit Prioa
Factor
Total
Inata0alion 1,25 x 96,41 x
1,1491
138,48
Bike pad
98 31 23 16 13 0014
CY Compaction of Fill or Subbase for Trenches by Hand
$25,.29
Quantity Unit Price
Factor
Total
Instalation 1.28 x 17.61 x
1,1491 -
25.29
Hand tamp new bike pad area
19 32 01 16 710008
SY Up To 3" Depth, Limited Cold Milling Of Aephatt
$12,285.63
Quantity Unit Price
Factor
Total
Instalation 688.00 x 15.54 x
1.1491 -
12,285.63
Up to 2`
20 32 01 16 71 DOGS
0020 MOD For>100 To 1,0013, Deduct
-$6,142.01
Quantity Unit Price
Factor
Total
Installation 688.00 x -7.77 x
1.1491 =
6,142,81
Contractor's Prim I>raposal - Detail Pape 2 of 4
1 fN16f2Y120
Contractoes Price Proposal - Detail Continues..
Work Order Plumber: 085266.00
Work Order Title:
Parking revisions for ADA Compliance at Gwen Margolis Park
No Category Input
21 32 01 17 63 0023
TON Asphalt Placement For Small RepalrAreas, Hot Mix ModifiedFor each ton over
$13,508,28
3 to 100 tans, For small areas of existing asphalt is removed to allow work
such as trenching across or in a road, excavating a drainage structure,
uncovering a utility line, etc.
Quantity Unit Price Factor
Total
Installation 619.00 x 170,37 x 1.1491
Up to 2`
22 32 12 13 13 0005
SY Tank Coat, 0,10 Qa0nrVSY
S498.07
Ouanllty Unit Price Factor
Vital
Instalalion g88.00 x 0.83 x 1.1491 =
49E1.07
Tack coat
23 32 16 13 13 0019
LF 6' x 18' Cast in Place Concrete mutter With V Curb And Face - Radius
S702.39
Quantity Unit Price Factor
Total
Insterialion 25.00 x 18.14 x 1.1491 -
621.12
Demolition 25.00 x 6.31 x 1,1491 =
161,27
24 32 16 13 13 0019
0057 MOD For >20 To 60, Add
5192.47
Quantity Unit Prices Factor
Total
Instalation 25,00 x 6,70 x 1,1491 =
192.47
25 32 16 23 00 0013
SF 6' Cast In Place Concrete Sidewalk Wlth Fiber Mesh
$2,662.57
Quantity Unit Price Factor
Total
Insts0stion 350-00 x 6,67 x 1.1491 =
2,t382.57
Includes bike ;pad
26 32 16 23 0+0 0013
0093 MOD For >100 To 500, Add
S277.51
Quantity Unit Price Factor
Total
Instalation 350.00 x 0A39 x 1.1491 =
277.51
27 32 1E 23 DD 0013
0547 MOD For Sidewalk Without Fiber Mesh, Deduct
• 150.44
Quantity Unit Price Factor
Total
Instalation 350.00 x -020 x 1.1491 -
-BO.44
28 32 17 13 19 tt003
EA 6" x 8" x 6' Precast Concrete Wheel Stop With Dowels
$41 A 7
Quantity Unit Price Factor
Total
Instarlation 1.00 x 35.83 x 1.1491 =
41.17
NewADAstall bumper
29 32 17 13 33 0091
EA Removal And RelDeation Of Precast Concrete Wheel Stop
5155.34
Quantity Unit Price Factor
Total
Instapallon 9.OD x 15.02 x 1.1491 -
155.34
Remove and reinsiall exisirng vAieel stops
30 32 17 23 13 0086
LF Single 4" Wide Solid Lino, Painters Pavement Striping for Parking Areas
$05.39
Quantity Unit Price Factor
Total
Installation 67&00 x 0.80 x 1.1491 =
465,39
51all striping and adjacent areas.
31 32 17 23 13 0070
S F Solid Area, Painted Pavement Marking For Parking AreasUse tests for tines
924436
>12" wider, slop bars, transverse lines, diagonal lines, crossing lanes, etc.
Quantity Unit Price Factor
Total
Instalation 100.00 x 2,13 x 1,1491 =
244,76
At7A walkway
32 32 17 23 13 0083
EA Handicap Symbol For Slandard Parking Stalls, Painted Pavement Marking For
$17.11
Parking AreasApproxlmate overall dirnensloms; 2.2)3' %vidlh x 3' belght, White
or blue symbol. Exrludes striping.
Quantity Unit Pece Factor
Total
Installation 1.90 x 14.89 x 1.1491 =
17.11
C:onvactor's P6co Pfoposal • Dotall Pane 3 of 4
1fl'l'1fiao o
Contractor's Price Proposal - Detail Continues..
Work Order Number, 085266.00
Work Order Title:
Parking revisions for ADA Compliance at Gwen Margolis Park
No Category Input
33 32 17 26 00 0003
$F Cast In Place VPC Truncated Dame Delectable Warning SurfaceAlso raised
5480,90
stripe or directional bars. All colors,
Quanlity Unit Prim
Factor
Total
InstanaDon 10.00 K 41.85 x
1.1491 =
480.91)
ADA Mat
34 32 31 13 13 DON
VLF 4" Diameter Hole, Auger By Machine Fence Post Hole In Sol
$23.89
Quantity Unit Price
Factor
Total
Installalion 3.00 K 6.93 K
1.1491
23.89
Post instaDation
35 33 42 31 00 0480 CA 42" x 1 D2" ID, Precast Conaeta Inlet Box Top Slaty $1,264.88
Quantity Unit Pries Factor Total
Installation 1.00 K 1,100.76 K 1.1491 1,264,88
36 33 42 31 00 0510 EA Heavy Duly Rectangular Frame Amyl Grate (Campbell Foundry 3004) $1,226.78
Quantity Unit Price Factor Total
Installation 1.00 x 1,067.60 K 1A491 1,226.78
US Foundry 03 t
Subtotals for No Category Input $43,259.25
Proposal Total $43,25125
This total represents the correct total for the proposal. Any discrepancy betvneen line totals,
sub -totals and the proposal total is due to rounding.
The Percentage of NP'P on this Proposal: %
Contractor's Pdoe Proposal • Detail Pape 4 of 4
1W1612OZO
Subcontractor Listing
Date: October 16, 2020
Re: IClC Master Contract #:
Work Order#:
Owner PO #:
Title:
Contractor:
Proposal Value:
FL SEA-GC04.041019-TCI
D052M.00
Parking revisfons for ADA Camisriance at Gwen Margolis Part
Team Conlracting, Ina,
$43,259.255
1cM7FTTJn
Name of Cantracfor ' .
t7ukies
Amount
3
No Subcnnlraetcrs have braerti
selected for this Wank Order
$0.09
0.00
Subcontractor Llstinst Paste 1 of i
10l16fZt120
C11j, of Sunikv Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
EXHIBIT "C"
Scrutinized Companies Certificate
Trdm Contwtirtg Inc:. 14
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
JPURSUANT TO FLORIDA STATUTE § 287.1351
on behalf of
Print Name Company Name
certifies that
Company Name
1. Participate in a boycott of Israel; and
does not:
1 Is not on the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in, Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Cuba or Syria.
Signature
Title
Date