HomeMy WebLinkAboutR-92-0730I
1
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J-92-781
10/29/92
REScnwroN N0. 9 2 — 730
A RESOUUTIGN APPROVING THE DOWNTOWN DEVELOPING
AUTHORITY EXECUTIVE DIRECTOR'S DECISION TO REJECT THE
I PROTEST OF VILA & SON' S LANDSCAPING CORPORATION, IN
C"ECrION WITH THE AWARD OF A CONTRACT PURSUANT TO
RESOLUTION NO. 92-385, ADOPTED JUNE 11, 1992, TD
PROVIDE LANDSCAPE/STREETSCAPE IMPROVEMENTS ON
SOUTHWEST EIGHT STREET WMITN THE BRICI( L AREA OF
DUANTOWN MUM MI PURSUANT TO A GUM FRONT THE STATE OF
FLORIDA AND MATQIING DOWNTOWN DEVELOPMENT AUTHORITY
WITHOUT 1'li'Ji\J.1 FSS FUNDS, AS PROTEST HAS BEEN DETERMINED TO BE
j .
WHEREAS, the Downtown Development Authority ("DDA") completed the
bidding process for landscape/streetscape improvements to Southwest 8th Street
between I-95 and Southwest 3rd Avenue and between West/Southwest and
East/Southwest 1st Avenue, pursuant to an Invitation To Bid; and
WHEREAS, Vila & Son Landscaping Corporation ("Vila & Son") was
determined to be the lowest bidder to provide the proposed improvements; and
WHEREAS, pursuant to Resolution No. 92-385, adopted June 11, 1992, the
City Camtission ratified and reaffirmed the DDA's selection of Vila & Son to
provide the services; and
WHEREAS, Section 4 of said Resolution No. 92-385, also provided, that
should the low bidder be unable to provide or comply with the license,
insurance or other required documentation necessitated by the Invitation Tb
Bid, the next lowest qualified bidder would be selected to undertake the
aforementioned improvements; and
L
COMMIISS1ONEETING OFOV 12 1992
Roioluwn nog,2� 730
i
WHETM , Vila & Son subsequently failed to provide the required
clocumentation evidencing possession of a "general contractors license," which
was a requirement of the Invitation To 13id; and
WHEREAS, on June 24, 1992, Vila & Son was advised by the Executive
Director of the DDA that the failure of Vila & Son to produce the requisite
documentation, which included a general contractors license, had resulted in a
finding that their bid had been classified "non -responsive", and was no longer
acceptable; and
WHEREAS, on July 6, 1992, Vila & Son filed a formal notice of protest,
objecting to the DDA's finding that it was not responsive to the Invitation To
Bid and the RDA's decision to award the contract to the next lowest bidder;
M1
WHEREAS, the Downtown Development Authority consulted with the Law
Department and reviewed this matter before determining that Vila & Son's
protest was without merit and rejecting the protest;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MUM,
F7ARIDA:
Section 1. The recitals and findings contained in the Preamble to
this Resolution are hereby adopted by reference thereto and incorporated
herein as if fully set forth in this Section.
Section 2. The Downtown Development Authority Executive
Director's decision to reject the protest of Vila & Son's Landscaping
Corporation,
in connection with
the
award of a contract, pursuant to
Resolution No.
92-385, adopted June
11,
1992, to provide landscape/streetscape
-2- 92- 730
a= 1
imp oornents on Southwest 8th Street within the Brickell area of Downtown
Miami pursuant to a grant from the State of Florida and matching Dcywntowri
Developm Authority funds, is hereby approved.
Section 3. This Resolution shall becare effective immediately
upon its adoption.
PASSED AND ADOPTED this 12 th --- day of
NATrrMIRAI
CITY CLERK
pREpARED AMID APPROVED BY:
�� F. x .,//
'�• �r ' "' Dip
III
CITY
JF,M/mis/bsV/M3227
4 A%1h
-3- 92- 730
DOWNTOWN DEVELOPMENT AUTHORITY
One Biscayne Tower, Suite 1818
Miami, Florida 33131
Tel.: (305) 579M75
Fax: (305) 371.2423
October 29, 1992
MEMORANDUM
TO: The Honorable Mayor and
Members of the City Commission
RE: Bid Protest: Item SW 8th Street Beautification Grants
r id Awards Protest; Resolution No. 92-385
-i�FROM: Ma t ew D hwart
E ecutive Directo
The Bid Award approved by City Commission Resolution No. 92-385
on June 11, 1992, awarding a contract to the lowest bidder for
landscape/streetscape improvements on SW 8th Street within the
Brickell area of Downtown Miami ("Project") was informally and
initially challenged by the second lowest bidder, Recio, Inc., on
the basis that the lowest bidder did not possess, nor could
produce a required contractor's license.
The low bidder, Vila & Son Landscaping Corporation, was provided
with the opportunity to produce a contractor's license, and not
being able to do so, on the advice of the City Attorney's Office,
a decision to award the Contract to the second lowest bidder was
made. As a result of these disqualifications, the original low
bidder filed a formal protest with the Chief Procurement Officer,
the Law Department and the Downtown Development Authority
("DDA").
At this time, a resolution of the protest by the City Commission
is necessary on November 12, 1992, to avoid the loss of $35,780
in Beautification Grants. The Florida Department of
Transportation has had the grant award monies on hold due to this
protest and Hurricane Andrew, but has informed the DDA that
unless this Project is completed by December 16, 1992, the monies
will be withdrawn and future grant awards jeopardized.
The Law Department has prepared
a Resolution, for consideration
respectfully requested that the
decision to award the subject
bidder, thus denying the appeal,
in all due haste.
a recommendation, in the form of
by the City Commission. It is
City Commission affirm the DDA's
contract to the second lowest
so that the Project can proceed
This Item must be placed on the November 12, 1992, City
Commission Agenda.
JEM/mis/M401
,-, 92- 730 9-/ .
t of
A. QUINN ►ONES, III
City Attorney
'.
October 28, 1992
VIA FAX AND U.S. MAIL
Carlos A. Lopez, Esq.
2400 South Dixie Highway
Suite 105
Miami, Florida 33133
(305) : 579.6700
Telecopier: (305) 579-3399
RE: Vila & Son Landscaping bid on Downtown Development
Authority's S.W. 8th Street Landscapes/Streetscape
Improvement Project
NOTICE OF HEARING BEFORE
MIAMI CITY COMMISSION
ON BID PROTEST
Dear Mr. Lopez:
Please take ' notice that the Vila & Son Landscaping
Corporation's formal written notice of protest in the matter of
the S.W. 8th Street landscaping improvement project bid award has
been scheduled for a hearing before the Miami City Commission on
Thursday, November 12, 1992, at 9:00 a.m. or as soon thereafter
as may be heard.
Sincerely,
oel E. Maxw 1
JEM/mis/M404 ( -thief Assis nt City Attorney
cc: Cesar H. Odio,
City Manager
45
Matthew D. Schwartz,
Executive Director,
Downtown Development Authority
OFFICE AF THE CITY ATTORNEY/Dupont Plaza Center, Suite 300/300 Biscayne Boulevard Way/ML'arr
U. FloridV3331
T t, -2 2-92 WEB 1 "' i �5 x00•FI .35S C I tj
RECIO=.
LANDSCAPE CONTRACTOR
LICENSE / INSURANCE / BONDED
9620 SW 79th STAEET - MIAMI, FLORIDA 33173
TELEPHONES: 279.5683 - 279-6802
Via Fax
July ,22,. 1992
City of Miami
City Attorney
300 Biscayne Blvd Way
Dupont Plaza Center
Suite # 300
Miami, Fl. 33131
Att: Mr. Joel Maxwell
RESW E-i-ght I -Street Landscape/Streetscape project
Dear Mr. Maxwell:
We are writing this'letterrin,order to express our concern
regarding the results of the above project, as of today
after many.phone calls we have not received an answer
from your office, nor the Downtown Development Authority
office.
It seem°to us that the instruction.+to bidders paragraph
# 2 is very cleax of what bidders shall comply in refe-
rence to the licenses.(see copy attached).
!'
We hope we can get a response from you soon regarding this
situation. '
Sincerely yours, ,
P�641
controller
i14 92 730
INSTRUCTIONS TO BIDDERS
1. PROPOSAL SUDMISSION REQUIREMI'sNTSi Bids must be submitted on
the bid sheets provided. All items on ..tho b"id'—a•ht must be
completed in full. 'Bids shall be submitted in sealed en lopes
and marked as foilowas SW Eighth Street Project Bid ---
r ..SW
of Bidder_.. .•.......
LICENSES i All Bidders are required to have a valid
Certificate of Competency issued by the appropriate examining
board of Metro -Dade County.
All Bidders and listed Subcontractors shall'hold a current County
Municipal Occupational License as issued by Metro -Dade County for
the performance of work in the City of Miami.
All Bidders shall comply with the requirements, as necessary, f
the Florida Construction Industry 'Li'censing Board 'which xes
.,,,,Mrcgistrakion and certification procedures of th^e ,$,Gate of
r1-o r i da..,...._....�_ .....-._._... _.... _..-..-..W_......�......�.... . .
3. PROPOSAL: Only one Proposal from an individual firm,
partnership or corporation under the same or different names will
be considered. If it is believed that a Bidder is interested In
more than one Rroposal for the work involved, all Proposals in
which the Bidder is interested will be rejected.
4..BID PRICE(S)s Unit prices shall be recorded on the Bid Sheets
for each and every quantity listed. failure to list unit prices
shall result in Bid rejection. Total Costs 'for each quantity
shall be included on the Did Sheets. In the event of any
discrepancies, or mathematical errors in the extension of prices,
the unit cost shall govern.
5. SIGNATURE(S)o The Bidder shall sign each Bid Shoot in the
space'provided.
if the Bidder is an individual, the words "Sole, Owner" shall
appear after his/her'signaturs. •
if -the Bidder is a partnership, the word "Partner" shall appear
after the signature of the signing partner.
If the Bidder is a corporation, the signature required is the
Officer, Officers or individual authorized by its bylaws or Board
of Directors, with official corporate seal affixed thereto.
b. WITHDRAWAL OF PROPOSED BIDS Any proposed Bid may be
withdrawn prior to the time scheduled in the Invitation to Bid
for the opening thereof. A Proposed Bid may also be.withdrA wn if
sixty (60) days have. .passed after the date of opening the
Proposed Bids, provided that the DDA has not provided written
acceptance of said Proposed Sid.
7. AWARD OF, CONTRACT: Written notice shall be given to the
selected Bidder upon acceptance of his/her- Proposed Bid
signifying the respective Contract award..
t + + 92-- 730
CARLOS A. LOPEZ. JR.. P.A.
ATTORNEYS At LAW
2400 SOUTH DIXIE HIGHWAY
SUItt 105
MIAMI• rLOIZIDA 33133
CARLOS A. LOPEZ, JR.
VIORGINIA M. BEST
July 6, 1992
Ms. Judy S. Carter
Chief Procurement Officer
City of Miami
1390 N.W. 20th Street
Miami, FI 33142
Re: Vila & Son Landscaping bid on Downtown Development
Authority's S.W. Sth Street Landscapes/Streetscape
Improvement Project
TELEPHONE
(305) 859-8586
TELECOPICA
(30+5) 858-720a
PLEASE TAKE NOTICE of the filing of a Formal Written Notice of Protest,
pursuant to the Code of the City of Miami 1 18-56.1 on behalf of Vila & Son
Landscaping Corp., (hereinafter referred to as "Vila") as to the S.W. 8th Street
Landscape/Streetscape Improvement Project, (hereinafter referred to as "Project").
The particular facts and law upon which the protest is based are as follows:
1. The Downtown Development Authority put out an invitation to bid
and instructions to bidders with reference to a landscape improvement project for
S.W. 8th Street.
2. The Instructions to Bidders required a valid Certificate of
Competency issued by the appropriate examining board of Metro -Dade County and
further required compliance with the requirements, as necessary, of the Florida
Construction Industry Licensing Board which fixes registration and certification
procedures of the State of Florida.
3. The substantial majority of the project, as originally put out for bid,
involved in the main straight landscaping and a minor percentage of the work, as
originally put out for bid, involved some sidewalk/concrete work. The work under the
project was later amended to reduce and/or remove from the work to be performed
the amount of sidewalk/concrete contracting.
7,30
Ms. Judy S. Carter
July 6, 1992
Page 2
4. Vila is a landscape contractor and its services do not require a
Certificate of Competency nor does its work require compliance with the Florida
Construction industry Licensing Board which fixes registration and certification of
procedures of the State of Florida.
5. Vila, after having reviewed the invitation to bid and other pertinent
materials, in an abundance of caution, made contact with appropriate representatives
of state and local agencies to insure, precedent to initiating its work associated with
the bid protest, that it did in fact qualify as an appropriate bidder and was advised
that, based on the nature of the requirements, it was satisfactory as a bidder under
the terms of the invitation to bid.
6. In reliance of the assurances of the representatives of state and
local government, Vila did in fact prepare a bid on the project which was the
successful low bid. Vila was, therefore, tentatively awarded the project.
7. Thereafter, Vila was contacted by representatives of the
Downtown Development Authority and was advised that another bidder had filed a
Notice of Protest and that Vila would be required to submit a valid Certificate of
Competency and licenses for Metro -Dade County as well as complying with all
requirements of the State of Florida Construction Industry Licensing Board.
S. On the basis of paragraph number 7 directly above, Vila was
ultimately advised, based on its alleged failure to produce requisite documentation
including a general contractor's license, that the bid could not be accepted for the
project and that its bid was nonresponsive.
9. As a matter of law, Vila was not required to have a general
contractor's license, nor was Vila required to have a valid Certificate of Competency
and there is no State of Florida Construction Industry Licensing Board with reference
to the landscape nature of the project to be performed by Vila.
10. Vila changed its position in detrimental reliance on the assurances
of State and local governmental authority in placing its bid and being tentatively
advised that it was the successful lowest bidder and the Downtown Development
Authority is estopped to now withdraw its grant of the project to Vila.
11. Based on the successful nature of the bid; based on the fact that
the substantial majority of the work to be performed did not require contracting; based
on the fact that Vila was advised that it was entitled to subcontract the small
l
92 73
r
Ms. Judy S. Carter
July 6, 1992
Page 3
percentage of work requiring a contractor's license to a fully certified and licensed
contractor; and based on the fact that the specifications as to the services to be
performed did ultimately reduce and/or remove work requiring a contractor's license
from the bid, Vila is entitled to award of the contract for the project.
CAL\vq
cc:
Very truly you
CARLOS A. LOPEZ, JR.
Joseph A. Tyborowski
Joe E. Maxwell -Chief Asst. City Atty.
Matthew D. Schwartz
if � z
92- 730 ��
Alk
DOWNTOWN DEVELOPMENT AUTHORITY
One Biscayne Tower, Suite 1818
Miami, Florida 33131
Tel,: (305) 579.6675
Fax: (306) 371.2423
,tune 24, 1992
Mr. Rick Leal
Vila & Son Landscaping
19300 SW 194th Avenue
Miami, FL 33187
RE: Your response to Invitation To Bid on Downtown Development
Authority's Southwest Eighth Street Landscape/Streetacape
Improvement Project; Licensing Requirements
Dear Mr. Leal:
The Bid Proposal that you responded to for - the referenced project
clearly required all bidders to have valid certificate of
competency" and licenses from Metro -Dade County, as well as
comply with all requirements of the State of Florida Construction
Industry Licensing Board.
During your telephone conversation with Joe Tyborowski, of my
staff, on June 15, 1992, you indicated that at the time of your
bid submission for the referenced project, you did not have in
your possession a general contractor's license; a requirement of
the invitation to bid to which you were responding.
To this date you still have not produced adequate documentation
for the Downtown Development Authority's review which proves that
you are in fact certified by Metro -Dade County or the State of
Florida, as required by the subject Invitation To Bid, for the
referenced project, as advertised: your letter of June 17, 1992,
has insufficient documentation.
Based on your failure to produce the requisite documentation,
which includes a general contractor's license, we have been
advised that your bid cannot be accepted for the above referenced
project. Your failure to possess the required licenses to
undertake the work specified in the Invitation To Bid, regardless
of the final scope of work, renders your bid non -responsive.
Mr. Rick Leal
page 2
Please be advised that our decision is no reflection on your
ability to do the work; we too are constrained by competitive
bidding procedures. if we undertake future work on SW Eighth
Street or any other project, and an Invitation To Bid or Request
For Proposals is issued, we hope that you will consider
submitting a bid.
Sincerely,
J1
Ma thew D. Schwartz
Executive Director
MDSJjt
cc: Joel E. Maxwell
' Chief Assistant City Attorney
t t �
2 W2 D ri A M I A M i , i P.
VIL;1 t
SODW
19300 S.W. 19.4th Avet ^ Miami, Plorida 33191 • (105) 253-92Od
June 17, 1992
Mr, Mathow D. Schwar'lc
Downtown Development Authority
One 131sceyne Tower-, Suite 1818
Miami, Florida 33131
RE: SW EIGHTH STREET LANDSCAPING AND STREETSCAPE IMPROVEMENTS
Door Mr. $chwartz:
As per your request, enclosed please find the appropriate ilcenso for the dUave referred to
project.
Please note that Article 2 of the INSTRUCTIONS TO BIDDERS makes mention of three licenses
that may Do required. In regards to this please be advised of the following:
-The Examining boards Division of Decree County was contacted prior to bidding, in an
effort to identify and contact the "appropriate" Board and to apply for whatever certificate may
Do roquired. At that time we were informed that their is no appropriate Board for Landscape
Contracting work, and therefore there are no appropriate certificates of competency for
Landscape Contractors.
- Copy of our Ocoupational license is attached. This is the only license that is
appropr late and legally required of Landscape Contractors by ooth Dade County and the State of
Florio.
-We fully comply with the requirements of the Florida Construction Industry Licensing
Board.
Prior to writing this letter, we verlflea the above information with the respective agencies,
giving thom 00talls 4f the entire project's 'scope of work'. and we feel confident that we meet ail
the requirements of the bid.
Oo&ent
a any qumions or need aaditional information, please advise accordingly.
yours,
la
JCV/RLL
Cc: Mr. Gprios (opez, Esq.
92- 730
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bOWNTOWN MPLOPMENT AUTHORITY
One Biscayne Tower, Suite 1818
Miami, Florida 33131
Tel.: (305) 579-6675
Fax: (305) 371.2423
June 9, 1992
Mr. Rick Leal
Vila & Son Landscaping Corp.
19300 SW 194th Avenue
Miami, FL 33187
Dear Mr. Leal:
As per our telephone conversation, I am enclosing a copy of the
proposed contract for the SW EIGHTH STREET LANDSCAPING AND
STREETSCAPE IMPROVEMENTS. Please review it and contact me if
there are any problems.
I am in the process of preparing a final scope of work for the
job. This will be presented to the Brickell Area Association on
6/9/92 and the DDA Board of Directors on 6/15/92 for their
respective approvals.
As I indicated, it would expedite the process if you could send
me all appropriate documentation required such as licenses, proof
of. insurance, etc., as soon as possible, since we need to be
underway before the end of June. I will be in touch as soon as I
have the final contract figures .to set up a meeting to go over
the job scope and sign the contract.
I look forward to hearing from you and if you have any questions
concerning the process, please give me a call.
Sincerely,
Dljl� A
Joseph A, Tyboro ski
Urban Development/Planning Administrator
JT/jt
encl.
3 92- 730
a • •
CONTRACT
This CONTRACT, made and entered into this day of
, 1992, by and between the Downtown Development
Authority of the City of Miami, Florida, 1818 One Biscayne Tower,
33131, (hereinafter called the "DDA" and VILA & SON, LANDSCAPING
CORP., 19300 SW 194TH AVENUE, MIAMI, FLORIDA 33187, (hereinafter
call the "CONTRACTOR").
WITNESSETH: That the parties hereto, for the considerations
hereinafter set forth, mutually agree as follows:
I. CONTRACT DOCUMENTS
All of the documents hereinafter listed form the CONTRACT as
if hereto attached, or repeated in this CONTRACT:
Invitation to Bid and Bid Instructions
Construction Drawings and Specifications
Bid Proposal
Addenda and Change Orders
Construction Drawing/Scope of Work Amendments
II. SCOPE OF WORK
The CONTRACTOR shall furnish all products, labor, materials
and equipment and perform all work in the manner and form,
provided by the above referenced CONTRACT DOCUMENTS, for:
SOUTHWEST EIGHTH STREET LANDSCAPE/STREETSCAPE IMPROVEMENTS.
The CONTRACTOR shall be responsible for obtaining the
appropriate permits from the Building & Zoning Department and the
Public Works Department.
The CONTRACTOR shall be responsible for calling all utility
companies, for locating underground utilities.
The CONTRACTOR shall be responsible for coordinating his
schedule with the schedule of the utility companies.
7
All conflicts between proposed tree locations and utilities shall
be brought to the attention of the DDA by the CONTRACTOR, for a
decision by the DDA.
The DDA shall be responsible for all correspondence with
utility companies and City departments regarding decisions
relating to conflicts.
III. COMPENSATION
The DDA shall pay to the CONTRACTOR for the faithful
performance of the CONTRACT, in lawful money of the United
States, and subject to additions and deductions and based on unit
prices (where applicable), and a DDA approved payment schedule,
the sum of
Ten percent (10%) of all payments shall be retained until
the project has been accepted by the DDA as provided in the
proposal and other CONTRACT DOCUMENTS.
IV. LIST OF UNIT PRICES)
All work shall be compensated in accordance with unit prices
as provided in the accepted Bid Proposal.
Any addition or deletion of work included in the Bid
Proposal shall be added or reduced at the unit prices provided in
the accepted Bid Proposal.
V. TIME OF PERFORMANCE
The CONTRACTOR shall complete all work in accordance with the
Bid Proposal and other CONTRACT DOCUMENTS within 30 days from the
date that permits are obtained.
-2-
4/ 92- 730
It is mutually agreed between the parties hereto, that TIME
IS OF THE ESSENCE to this CONTRACT, and, in the event that
installation is not completed within the time herein specified
excluding any extension allowed by the DDA, it is agreed that
from the agreed upon compensation to be paid to the CONTRACTOR,
the DDA may retain for EACH day thereafter, Sundays and Holidays
included, that the installation is delayed, the penalty sum of
One Hundred Dollars ($100) per day.
The CONTRACTOR shall guarantee the healthy appearance or
replacement of all trees for a period of up to 9 months, all
palms for a period of up to 6 months and all remaining plantings
up to 4 weeks, except for vandalism, neglect or "Acts of God".
VI. INDEMNIFICATION AND INSURANCE
The CONTRACTOR shall indemnify and save DDA and the CITY OF
MIAMI harmless from and against any and all claims, liabilities,
losses, and causes of action which may arise out of the
CONTRACTOR'S activities under this CONTRACT, including all other
acts or commissions to act on the part of the CONTRACTOR,
including any person acting for or on its behalf, and, from and
against any orders, judgements, or decrees which may be entered
and from and against all costs, attorneys' fees, expenses and
liabilities incurred in the defense of any such claims, or in the
investigation thereof.
The CONTRACTOR shall take out and maintain during the life
of this CONTRACT "Workmen's Compensation Insurance" for all his
-3-
A
employees employed at the project site and, in case any work is
sublet, the CONTRACTOR shall require the Subcontractor to provide
"Workmen's Compensation Insurance" for all the latter':
employees, unless such employees are covered by the protection
afforded by the CONTRACTOR.
In case any employees, engaged in hazardous work under this
CONTRACT, at the site of the project, are not protected under the
"Workmen's Compensation" statute, the CONTRACTOR shall provide,
and shall cause such Subcontractor to provide, adequate coverage
for the protection of his employees not otherwise protected.
The CONTRACTOR shall take out and maintain during the life
of this CONTRACT, such Public Liability and Property Damage
Insurance as shall protect him and any Subcontractor performing
work covered by this CONTRACT from claims for damage for personal
injury, including death, as well as from claims for property
damages which may arise from operations under this CONTRACT,
whether such operations be by himself or by any Subcontractor, or
by anyone directly or indirectly employed by either of them, and
the minimum amounts of such insurance shall be as follows:
Workmen's Compensation Insurance", as required by Chapter
440, State of Florida Statutes.
Public Liability Insurance with a liability limit on account
of each occurrence resulting in bodily injury or death to one
person of not less than $1,000,000 and a liability limit on
account of each occurrence resulting in bodily injury or death to
more than one person of not less than $1,000,000.
Property Damage Insurance Policy providing for a liability
limit on account of each occurrence of not less than $300,000.
-4-
-2, 92 730
It is mutually agreed between the parties hereto, that TIME
IS OF THE ESSENCE to this CONTRACT, and, in the event that
installation is not completed within the time herein specified
excluding any extension allowed by the DDA, it is agreed that
from the agreed upon compensation to be paid to the CONTRACTOR,
the DDA may retain for EACH day thereafter, Sundays and Holidays
included, that the installation is delayed, the penalty sum of
One Hundred Dollars ($100) per day.
The CONTRACTOR shall guarantee the healthy appearance or
replacement of all trees for a period of up to 9 months, all
palms for a period of up to 6 months and all remaining plantings
up to 4 weeks, except for vandalism, neglect or "Acts of God".
VI. INDEMNIFICATION AND INSURANCE
The CONTRACTOR shall indemnify and save DDA and the CITY OF
MIAMI harmless from and against any and all claims, liabilities,
losses, and causes of action which may arise out of the
CONTRACTOR'S activities under this CONTRACT, including all other
acts or commissions to act on the part of the CONTRACTOR,
including any person acting for or on its behalf, and, from and
against any orders, judgements, or decrees which may be entered
and from and against all costs, attorneys' fees, expenses and
liabilities incurred in the defense of any such claims, or in the
investigation thereof.
The CONTRACTOR shall take out and maintain during the life
of this CONTRACT "Workmen's Compensation Insurance" for all his
-3-
Automobile Liability Insurance in the amounts of $100,000
per person, $300,000 per occurrence for bodily injury and $50,000
per occurrence for property damage covering all owned, non -owned
and hired vehicles used in connection with the work.
The CONTRACTOR or the insurance agency representing the
CONTRACTOR shall file with the DDA, at the time the CONTRACTOR
returns the CONTRACT DOCUMENTS executed by him, a certificate or
certificates showing that the above minimum amounts "Workmen's
Compensation Insurance", Public Liability Insurance, Property
Damage Insurance and Automobile Liability Insurance pertaining to
this job are in force.
All insurance shall be issued from companies authorized to
do business under the laws of the State of Florida.
The company must be rated no less than "A" as to management
and "X" as to strength by the latest edition of Best's Insurance
Guide, published by Alfred M. Best Company, Inc.
The CONTRACTOR shall not commence work until the specified
insurance has been obtained and submitted to the DDA.
The CONTRACTOR shall maintain such insurance during the life
of this CONTRACT.
No modification or change in insurance shall be made without
three (3) days written advance notice to the DDA.
VII. ASSIGNABILITY
The CONTRACTOR agrees to give notification, in writing, to
the DDA of any proposed subcontracts.
Any work or services subcontracted shall be subject to each
provision of this CONTRACT.
-5-
j .`k 92- 730
None of the work or services shall be subcontracted or
reimbursed without prior written approval o-f the DDA.
VIII. AUDITS AND INSPECTIONS
At any time during normal business hours, records shall be
made available to the DDA designated authorized representative to
examine and make audits of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and
other data relating to all matters covered by this CONTRACT.
Said documents and records shall be maintained not less than
three (3) years after the termination of this CONTRACT.
IX. AMENDMENTS
The DDA may, at its discretion, amend this CONTRACT at any
time to conform with any contingencies which may require such
amendment. Amendments, if required, shall be incorporated in
writing to this CONTRACT upon review, approval and execution by
the parties hereto.
X. TERMINATION
This CONTRACT may be terminated by either party at any time
upon submission of written notice if there is:
A. Ineffective or Improper Use of Funds
B. Failure to Comply with the Terms of Contract
C. Submittal of Incorrect or Incomplete Records
D. Occasion wherein the Implementation of the Contract is
Rendered Impossible or Infeasible
XI. CONFLICT OF INTEREST
The CONTRACTOR covenants that no person under its employ who
presently exercises any functions or responsibilities has any
-6-
T'l_ {�
92" 730
personal financial interests, direct or indirect, in this
CONTRACT.
The CONTRACTOR further covenants that, in the performance of
its CONTRACT, no person having such conflicting interest shall be
employed.
Any such interests, on the part of the CONTRACTOR or its
employees, must be disclosed in writing to the DDA.
The CONTRACTOR, in the performance of its CONTRACT, shall be
subject to more restrictive law and/or guidelines regarding
conflict of interest promulgated by Federal, State or Local
government.
XII. ASSURANCE AND CERTIFICATIONS
1. No person in the United States shall, on the grounds of
race, color, creed, national origin, sex, marital status or
physical handicap, be excluded from participation in, or be
denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the
CONTRACTOR receives funds under this CONTRACT, and it will
immediately take any measures necessary to correct any such
discrimination and to ensure that such discrimination cannot
occur in the future.
2. The CONTRACTOR will establish safeguards to prohibit
employees from using their positions for a purpose that is, or
gives the appearance of being, motivated by desire for private
gain for themselves or others, particularly those with whom they
-7-
�,iM.,, i 92-- 730
have family, business or other ties.
3. The CONTRACTOR will comply in accordance with the
Housing and Community Development Act of 1974, Section 109 with
Title VI of the Civil Rights Act of 1974, Title VIII of the Civil
a
e
Rights Act of 1968, Executive Orders 11246 and 11046 and Section
a
3 of the Housing and Urban Development Act of 1968, Section
570.303 (3), (1) and incorporated herein by reference.
4. The CONTRACTOR will comply with the provision of the
Hatch Act as amended January 1, 1975, which limits the potential
activities of employees and is incorporated herein by reference.
5. The CONTRACTOR will comply with the Anti -Kickback Act,
Title XVIII, U.S., C. Section 874 and provisions of the Federal
Labor Standards, Title XXIX and incorporated herein by reference.
6. The CONTRACTOR will comply with the regulations and
requirements of the Office of Management and Budget Circular A-
102, "Uniform Administration Requirements for Grants -In -Aid to
State and Local Governments" and Federal Management Circular 74- _
4, "Principles for Determining Costs Applicable to Grants and
Contracts with State and Local Governments".
XIII. NOTICES
All notices or other communications which shall or may be
given pursuant to this CONTRACT shall be in writing and shall be
delivered by personal service, or by registered mail addressed to
the other party at the address indicated herein or as the same
may be changed from time to time.
�� - 92- 730
personal financial interests, direct or indirect, in this
CONTRACT.
The CONTRACTOR further covenants that, in the performance of
its CONTRACT, no person having such conflicting interest shall be
employed.
Any such interests, on the part of the CONTRACTOR or its
employees, must be disclosed in writing to the DDA.
The CONTRACTOR, in the performance of its CONTRACT, shall be
subject to more restrictive law and/or guidelines regarding
conflict of interest promulgated by Federal, State or Local
government.
XII. ASSURANCE AND CERTIFICATIONS
1. No person in the United States shall, on the grounds of
race, color, creed, national origin, sex, marital status or
physical handicap, be excluded from participation in, or be
denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the
CONTRACTOR receives funds under this CONTRACT, and it will
immediately take any measures necessary to correct any such
discrimination and to ensure that such discrimination cannot
occur in the future.
2. The CONTRACTOR will establish safeguards to prohibit
employees from using their positions for a purpose that is, or
gives the appearance of being, motivated by desire for private
gain for themselves or others, particularly those with whom they
_7_
92- 730 ZS
Such notice shall be deemed given on the day on which -
personally serviced; or, if by mail, on the fifth day after being
posted or the date of actual receipt, whichever is earlier.
DOWNTOWN DEVELOPMENT AUTHORITY VILA & SON
MATTHEW D. SCHWARTZ
1818 ONE BISCAYNE TOWER 19300 SW 194TH AVENUE
MIAMI, FLORIDA MIAMI, FLORIDA
33131 33187
XIV. SIGNATORIES
In witness whereof, the Downtown Development Authority and
VILA & SON have entered into this CONTRACT as of the date first
above written.
WITNESS:
WITNESS:
-9-
DOWNTOWN DEVELOPMENT AUTHORITY
BY:
Matthew D. Schwartz
Executive Director
VILA & SON
BY:
g2� 73 ' ) 7
I
J-92 -451
6/11/92
RESOLUTION NO. 9 2- 385
A RESOLUTION RATIFYING, CONFIRMING AND
APPROVING THE CITY MANAGER'S FINDING OF AN
EMERGENCY AND REAFFIRMING THE SELECTION OF
VILA V SON TO PROVIDE LANDSCAPE/STREETSCAPE
IMPROVEMENTS ON SOUTHWEST EIGHTH STREET
BETWEEN I-95 AND SOUTHWEST THIRD AVENUE AND
BETWEEN WEST/SOUTHWEST AND EAST/SOUTHWEST
FIRST AVENUE; MAKING SAID SELECTION SUBJECT
TO COMPLIANCE WITH THE INVITATION TO BID'S
MANDATED DOCUMENTATION, AND PROVIDING FOR
AWARD IN CASE OF DISQUALIFICATION; FUNDING
FOR SAID IMPROVEMENTS TO B8 PROVIDED BY
GRANTS FROM THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION HIGHWAY BEAUTIFICATION
COUNCIL REQUIRING MATCHING FUNDS TO BE
PROVIDED BY THE DOWNTOWN DEVELOPMENT
AUTHORITY; FURTHER AUTHORIZING THE CITY
MANAGER TO REIMBURSE THE DOWNTOWN DEVELOPMENT
AUTHORITY FOR THE GRANT AMOUNTS EXPENDED TO -
COMPLETE THE IMPROVEMENTS UPON RECEIPT OF
SAME FROM THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION.
y WHEREAS, the Downtown Development Authority ("DDA") has
completed the bidding process for Landsoape/Streetscape
Improvements to Southwest Eighth Street between 1-95 and
Southwest Third Avenue and between West/Southwest and
East/Southwest First Avenue; and
WHEREAS. Vila IV Son has been determined to be the low
bidder to provide the proposed improvements; and
WHEREAS, funding for the improvements has been provided by
grants from the State of Florida Department of Transportation
Highway Beautifioation Council, requiring matching funds; and
WHEREAS, the DDA has identified and allocated sufficient
matching funds to secure the grants; and
CITY CON01 iSsiON
M.:ETING OF.
JUN t 1 1992
9 2 - 385.
92- 73
WHEREAS, the state of Florida Department of Transportation
Highway Beautifioation Council requires that a "Notice-To-
Prooeed" on the above-referenoed project be given prior to
June 30, 1992, to &Void Loss of grant funding; and
WHEREAS, the City Manager has found that a valid publio
emergency exists; and
WHEREAS, upon oompletion of the proposed improvements, the
State of Florida will transmit funds to the City of Miami in the
amount of the grant monies expended on the improvements; and
WHEREAS, upon receipt of the grant monies by the City
Manager, the DDA requests that the City Manager reimburse the DDA
for the grant amounts expended to implement the improvements;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF XIAMI, FLORIDA;
f Seotion I. The reostals and findings contained in the
Preamble
to
this Resolution are
hereby adopted
by reference
thereto
and
incorporated herein as
if fully set
forth in this
Seotion.
Seotion a. The City Commission hereby ratifies, confirms
and approves the City Manager's finding that a valid public
emergenoy exists.
y Seotion 3. The City Commission hereby ratifies and
reaffirms, subjeot to the provisions of Seotion 4 hereinbelow,
selection of the low bidder. Vila Son, for
Landscape/Streetsoape improvements to Southwest Eighth Street
between I-95 and Southwest Third Avenue and between
West/Southwest and East/Southwest First Avenue.
- 2
92- 385
50 92- 730
A
TOUT!- a1S-92 MON y- —
Seotion 4. Should said low bidder, for ' any reason
whatsoever, fail to provide the undergirding Invitation to Bid's
required licensee, insurance or other required documentation, the
next lowest qualified bidder shall be selected to undertake the
aforementioned improvements.
Seotion b. Upon completion of the improvements and
receipt of the grant monies form the State of Florida by the City
of Miami, the City Manager is hereby authorized and shall
reimburse the DDA for funds it advanced for purposes of
completing the subjeot improvements; Said reimbursement shall not
exceed the grant amounts received.
Section 8. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 11th day of
ATTEST:
XAT'TY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
c
E. MAXWELL
CHEF ASSISTANT CITY ATTORNEY
JEX/rm/osk1X3008
XAVIERA J SVAREZI-01MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
Q N ES, I tx
CITY AT2/tOEY
- 3 - 52- �5
92- 730 31
s
a t
i
CJ
INVITATION TO BID
BRICKELL AREA
OOUTHWEST EIGHTH STREET BEAUTIFICATION
1. I-95 TO SOUTHWEST THIRD AVENUE
2. EAST SOUTHWEST TO WEST SOUTHWEST FIRST AVENUE
The Downtown Development Authority (DDA) of the City of
Miami is soliciting sealed Bids for Landscape/Streetscape
Improvements on Southwest Eighth Street within the Brickell Area
of Downtown Miami. The Project includes the following elements:
site preparation, general landscaping, tree and palm planting and
sidewalk replacement.
Bids will be received by the DDA in Suite 1818, One Biscayne
Tover, Miami, Florida, 33131, on or before Friday, May 29, 1992
at 12 Noon.
Bids are to be submitted for two (2) separate areas that
may be undertaken together or separately; in total or in phases.
Said determination will be made by the DDA upon completion of the
bidding process.
AREA 1 is the entrance from I-95 to SW Eighth
Street and the Third Avenue Intersection.
A single bid will be required for this area.
AREA 2 includes the intersection of Eighth
Street and East and West First Avenues and
the area underneath the Metrorail Guideway.
The bid for this area shall be completed in
three (3) parts and submitted on three (3)
separate bid forms (A, B and C).
Quantities have been provided for each and every item/work
element to be provided/undertaken.
BIDDERS ARE REQUIRED TO SUBMIT UNIT PRICES FOR EACH AND
EVERY ITEM/WORK ELEMENT CORRESPONDING TO EACH AND EVERY QUANTITY
LISTED ON THE BIDDING SHEETS.
BIDS SUBMITTED WITHOUT UNIT PRICES WILL BE CONSIDERED NON-
RESPONSIVE AND RESULT IN BIDDER'S IMMEDIATE DISQUALIFICATION.
THE DDA RESERVES THE FINAL RIGHT OF DECISION REGARDING ANY
AND ALL BID DISCREPANCIES AND/OR OMISSIONS IN DETERMINING WHETHER
SAID BID WILL BE REJECTED OR ACCEPTED.
For questions or clarification of elements included within
this Bid Package, contact Joe Tyborowski at (305) 579-6675.
33
92- 730
INSTRUCTIONS TO BIDDERS
1. PROPOSAL SUBMISSION REQUIREMENTS: Bids must be submitted on
the bid sheets provided. All items on the bid sheets must be
completed in full. Bids shall be submitted in sealed envelopes
and marked as follows: SW Eighth Street Project Bid
Name of Bidder r
2. LICENSES: All Bidders are required to have a valid
Certificate of Competency issued by the appropriate examining
board of Metro -Dade County.
All Bidders and listed Subcontractors shall hold a current County
Municipal Occupational License as issued by Metro -Dade Count/for
the performance of work in the City of Miami. //
All Bidders shall comply with the requirements, as necessary, of
the Florida Construction Industry Licensing Board which fixes_.
registration and certification procedures of the State of
Florida.
3. PROPOSAL: Only one Proposal from an individual firm,
partnership or corporation under the same or different names will
be considered. If it is believed that a Bidder is interested in
more than one Proposal for the work involved, all Proposals in
which the Bidder is interested will be rejected.
4. BID PRICE(S): Unit prices shall be recorded on the Bid Sheets
for each and every quantity listed. Failure to list unit prices
shall result in Bid rejection. Total Costs for each quantity
shall be included on the Bid Sheets. In the event of any
discrepancies or mathematical errors in the extension of prices,
the unit cost shall govern.
5. SIGNATURE(S): The Bidder shall sign each Bid Sheet in the
space provided.
If the Bidder is an individual, the words "Sole Owner" shall
appear after his/her signature.
If the Bidder is a partnership, the word "Partner" shall appear
after the signature of the signing partner.
If the Bidder is a corporation, the signature required is the
Officer, Officers or individual authorized by its bylaws or Board
of Directors, with official corporate seal affixed thereto.
6. WITHDRAWAL OF PROPOSED BID: Any proposed Bid may be
withdrawn prior to the time scheduled in the Invitation to Bid
for the opening thereof. A Proposed Bid may also be withdrawn if
sixty (60) days have passed after the date of opening the
Proposed Bids, provided that the DDA has not provided written
acceptance of said Proposed Bid.
7. AWARD OF CONTRACT: Written notice shall be given to the
selected Bidder upon acceptance of his/her Proposed Bid
signifying the respective Contract award.
02- 730
INSTRUCTIONS TO BIDDERS
page 2
8. INTERPRETATION OF CONTRACT DOCUMENTS: Each Bidder shall
thoroughly examine the Contract Documents and judge for _
him/herself all matters relating to the location and the
character of the proposed work.
If the Bidder should be of the opinion that the meaning of any
part of the Contract Documents is doubtful or obscure, or that
the Plans contain errors or reflect omissions, he should report
such opinions to the DDA, at least five (5) days prior to the
date for the formal opening of Bids, in order that appropriate
Addenda may be issued by the DDA , if necessary, to all
prospective Bidders before Bids are filed with the DDA. -
The DDA will not be responsible for oral interpretation given by
a member of the DDA Staff.
The issuance of a written Addendum will be the only official
method whereby such an interpretation will be given. -
9. DISCREPANCIES: In the unlikely event that there may be a
discrepancy between any Contract Document and the Plans, the
Plans shall be assumed correct.
10. MINORITY BUSINESS PARTICIPATION: Prospective Bidders are to -
be alerted regarding allocation of Contracts to minority firma.
Minority Business Participation Goals are: 17% Hispanic, 17%
Black and 17% Women.
The DDA will adhere to the City of Miami's Minority Procurement
Program established by Ordinance No. 10062 as amended and
encourages participation of qualified minority/women owned firms.
In order to quality and be accorded the benefits of this program,
a firm/individual must be registered and certified as a
minority/woman vendor with the City of Miami's Minority/Women
Business Affairs Office.
Minority/Women Vendors interested in submitting proposals/bids
and who are not yet registered are advised to contact the
Minority/Women Business Affairs Office, Procurement Management, -
1390 NW 20th Street, (305) 575-5174. —
11. VOLUNTEER LABOR: Bidders are alerted that the DDA is
considering use of volunteer labor from the Greater Miami Service
Corps.
Bidders shall indicate in the appropriate location on each Bid
Sheet, the amount of the total cost of each item attributable to
volunteer labor.
Prior to Contract execution, the DDA will decide whether or not i
to utilize the services of the Greater Miami Service Corps.
For information regarding the Greater Miami Service Corps contact
Barbara Jordan at 347-4678 or 347-4641.
92- 730 35
a .�
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AREA 1
92- 730 37
.__.
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BID SHEET
SW EIGHTH STREET GATEWAY PROJECT
ARRIVAL MODE (I-95/SWr THIRD AVENUE)
UNIT PRICE VOLUNTEER
BID ITEM QUANTITY Z MATERIAL/LABOR - LABOR COST - TOTAL
A. CLEARING AND GRUBBING SIDEWALK
1,300 S.F.
LANDSCAPE
21,500 S.F.
B. DEMOLITION (SIDEWALK) 1,300 S.F.
C. SIDEWALK CUTS (FOR TREES) 3
D. CONCRETE REPLACEMENT 1,250 SQ.FT.
E. CONCRETE PAVERS 1,250 SQ.FT.
F. WILD TAMARIND 19
G. PINK TABEBUTA S
H. ROYAL PALM 6
I. SAW PALMETTO 61
SUBTOTAL
BID SHEET
SW EIGHTH STREET GATEWAY PROJECT
ARRIVAL NODS (I-95/SW THIRD AVRNUK)
BID ITEM
UNIT PRICE VOLUNTEER
QUANTITY Z MATERIAL/LABOR - LABOR COST TOTAL
SUBTOTAL (FROM PRECEDING PAGE)
J. RAILROAD VINE
1,950 S.F.
K. SOD
18,250 S.F.
L. TREE GRATES
7
M. TREE GUARDS
7
N . ROOT GUARDS
7
0. IDENTIFICATION SIGN
1
SUBTOTAL
CONTINGENCIES/OVERHEAD/PROFIT
CD
i
C
TOTAL
CONTRACTOR:
DATE:
11
t
I-95%8TH STREET ARRIVAL _NODE
PLANT SCHEDULE
WITHIN EIGHTH STREET R.O*W.
BOTANICAL COMMON
QTY KEY NAME NAME HGT SPRD ROOT REMARKS
19 LB LYSILOMA WILD 15' 8' B&B FULL
BAHAMENSE TAMARIND MIN.7'CL.
------------------------------------------------------------------
8 TP TABEBUTA PINK 15' 8' B&B FULL
PALLIDA TABEBUTA MIN.7'CL.
6 RE ROYSTONEA ROYAL 15 B&B MATCHED
ELATA PALM 10'GRAY WOOD
61 SR SERENOA SAW 3G
REOPENS PALMETTO
1950 IC IPONOEA RAILROAD GC
PESCAPRAE VINE,
BEACH
MORNING
GLORY
92- 730 L11
' ' 92- 730 y`3
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BID SHEET
SW EIGHTH STREET GATEWAY PROJECT
GATEWAY NODE "A" ESW FIRST AVENUE
UNIT PRICE VOLUNTEER
BID ITEM QUANTITYZ MATERIAL/LABOR - LABOR COST = TOTAL
A. DEMOLITION (SIDEWALK) 1,100 S.F.
s
CLEARING & GRUBBING 1,100 S.F.
B. CONCRETE REPLACEMENT 1,050 S.F.
C.
CONCRETE PAVERS
1,050 S.F.
D.
PINK TABEBUTA
5
E.
ROYAL PALM
6
F.
TREE GRATES
5
G.
TREE GUARDS
5
H.
ROOT GUARDS
5
SUBTOTAL
LS'
BID SHEET
SW EIGHTH STREET GATEWAY PROJECT
GATEWAY NODE "A" ESW FIRST AVENUE
UNIT PRICE VOLUNTEER
BID ITEM QUANTITY Z MATERIAL/LABOR - LABOR: COST = TOTAL
SUBTOTAL (FROM PRECEDING PAGE)
CONTINGENCIES/OVERHEAD/PROFIT
TOTALS
CONTRACTOR:
w
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DATE:
1-1
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70'
BID SHEET
SW EIGHTH STREET GATEWAY PROJECT
GATEWAY WODB "B" HRDIAN (RSV -WSW FIRST AVRNUR)
UNIT PRICE VOLUNTEER
BID ITEM gUANTITY % MATERIAL/LABOR - LABOR COST : TOTAL
A. DEMOLITION (SIDEWALK) 3,750 S.F.
CLEARING
& GRUBBING
4,500
S.F.
B. CONCRETE
REPLACEMENT
2,750
S.F.
C. CONCRETE
PAVERS
2,725
S.F.
D. PINK TABEBUTA lb
E. LADY PALM 30
11
F. WAX JASMINE 1538
G. TREE GRATES 8
H. TREE GUARDS
SUBTOTAL
UNIT PRICE VOLUNTEER
BID ITEM QUANTITY X MATERIAL/LABOR - LABOR COST = TOTAL
A. DEMOLITION (SIDEWALK) 3,750 S.F.xv
CLEARING & GRUBBING 4,500 S.F.
B. CONCRETE REPLACEMENT 2,750 S.F.
C. CONCRETE PAVERS 2,725 S.F.
D. PINK TABEBUTA
16
E. LADY PALM
30
F. WAX JASMINE
1538
G. TREE GRATES
8
co
H. TREE GUARDS
8
'`
SUBTOTAL
UNIT PRICE VOLUNTEER
BID 1TEM QUANTITY X MATERIAL/LABOR - LABOR COST TOTAL
SUBTOTAL _(FRW PRECEDING PAGE)
I ROOT GUARDS- 8
J. IDENTIFICATION SIGN 1
SUBTOTAL
CONTINGENCIES/OVERHEAD/PROFIT
TOTAL
CONTRACTOR: DATE:
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CLEARING
GRUBBING
1,100
S.F.
B. CONCRETE
REPLACEMENT
1,085
S.F.
C.%`CONCRETE
PAVERS
1,085
S.F..
D'. PINK TABEBUIA 5
E. ROYAL PALM 12
F.; TREE GRATES
G. TREE GUARDS
H. ROOT GUARDS
1
1
5
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BID SHEET
SW EIGHTH STREET
GATEWAY PROJECT
GATEWAY KODR "C"
WSW FIRST AVEHUR
UNIT PRICE
VOLUNTEER
BID ITEM
QUANTITY Z
MATERIAL/LABOR -
LABOR COST
TOTAL
SUBTOTAL'
,(FROM PRECEDING PAGE)
CONTINGENCIES/OVERHEAD/PROFIT
NETRORAIL/8TH-$TRE9T GATEWAY NODE
PLANT SCHEDULE
TOTAL PROJECT
BOTANICAL COMMON
QTY -KEY NAME NAME HGT. SPRD. ROOT REMARKS
26 TP TABEBUIA PINK 150 81 B&B FULL
PALLIDA TABEBUIA MIN.7'CLEAR
18 RE ROYSTONEA ROYAL 15' 81 B&B MATCHED
SLATE PALM 10'GREY WOOD
30 LP RHAPIS LADY 48"
EXCELSA PALM
I
■\ \ . 1538 J JASMINUM WAX GC
VOLUBILE JASMINE
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PROJECT SIGN
r
THE CONTRACT REQUIRES PROVISION OF A SHEET METAL
SIGN ON A 2"X2"
PRESSURE .TREATED WOOD FAME-MOUNTEDON A 4"X4" PRESSURE TREATED
WOOD ,:?PST .-'
THE: SIGN SHALL INCLUDE THE INFORMATION PROVIDED
ON THE ATTACHED
SHEET,AND SHALL BE,INSTALLED IN A LOCATION AT THE
PROJECT SITE TO
BE'DESIGNATED BY THE DDA.
THE-SIZW:'OF THE SIGN SHALL BE 7'X3'.
THE DDA HAVE..THE`RIGHT TO FINAL:APPROVAL OF
THE CONTENTS OF
_SHALL
THE'SIGN, SIZE OF LETTERS, PROPORTIONS, COLOR AND
THE LIRE, PRIOR
TO ITS FABRICATION AND INSTALLATION.
FUNDED BY:. THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
MIAMI'DOWNTOWN -DEVELOPMENT AUTHORITY
BRICKELL AREA ASSOCIATION
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4
UIYIu"IO11 1 •- RUSY0115IUILITtlts VF THR C011TRACT01t IN T118 CONDUCT OF
HIS WORK
I.
AMDAVIT CERTIFYING COHPLIANCE WITH SM1011 4(C) OF
THE CHARTER. -Or THE CITY Or MIAMI
1.01
VIMltai►eously with hin delivery of the executed contract,
the Contractor ahall deliver to the City Clerk, as
executed AfEldd;lt certifying iein co;a,piiance with Section
4(c) of the Charter of the City of Hiami.. Tl►is Affidavit
affirms that, to tit* best of his knowledge and belief, no
Co+nailaciouer, Mayor, or other officer or employee of the
City of lliaa►i, Florida or Board Member or employee of the ,
bUA in interested directly or indirectly in: tile profits or
,ealolumente of the Contract, job, work or service for the
City of Miami.
1.02
Forma for title Affidavit will be furnished the Contractor
at the time Lite Contract forma are transmitted to him for
execution.
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2.
PAOSECUTI011 OF' Tllt VORK
�4
:2.01
The Contractor shall be respoitaible for the good condition
of t1►e Mork until his release from his obligationsi tte"
shall bear all losses resulting to 1►im on account of the
amount or character of the Work, the character of the
ground or existing underground installation being
different from what he anticipated, or on account of the
=
weather or the elements.
2.02
lie ahal'l place aufficicnt lightsordanger signals on or
►►ear tl►e Work from sunset to cut risoi lie shall erect
-
suitable railings, barricades,.dr other protective devices
about unfinished Mork, open tred6hes, embankments, or
other obstructions to trafficl shall provide all necessary
watchmen an the Work by day or night, for the safety of -
the public, and shalltakeallnecessary precautions for
preventing accidents or ;Lajurics to. persons or property it►
or about,,the Wo k`.
%2.03
buring cortain times of the ;year, the work on a project
be` underway vi►en hurricanes, winds of gale force
''May-
And/'or Luelewetit weather .racy visit tl►le arcs. il►o
Contr'ncter,-besides taking all normal precautions for the
•
safety of hie 'Work, shall. take any additional - safety
-precautions to secure and. protect. the finished portion of
his work andto' cafe= up all areas of the work • situ from
hurricane damage and the rain And high water that may
accompany such inclew'ent weather.
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Tile following actions, while not necessarily Coustitutitlg
a complete list, shall :be considered and taken when
Q
li.4rltf'• �?i:• s'• ►�• :`'�y1i;t:r±- ei ., '�. r�'°•� �► .,;,
�_ --
1. Secure wanting blinker lighte and/or barricades
front upoet duo to wind action.
2. Backfill trenches and ditches.
J.. Secure construction sheds, small equipment and
other objects that may blow around and cause
damage.
It. Secure all loose and unused material from blowing
around and damaging aurrouliding buildings.
S. Dlecongect all electric power to the job.
6. Dispose of and/or cart away all debris that
cannot be properly secured.
7. Follow suggestions by the DDA as to placing the
project Lit the safest possible eotidition.
2.04 'luildings, oidewalks,.fencee, shade trees, lawns and other
improvemento not shown for removal, ojtall be duly ,
protected by the Contractor. Proper.ty obstructions, such
ao sewers, drains, water or gas pipes, conduits,
.„- railroads, poles, walls, posts, galleries, bridges,
_a� manholes, valve boxes, street monuments, etc., shall be
carefully protected from injury and ehall not be displaced
y if avoidable. The Contractor shall give due notice to the
DDA, City of !Miami Department of Public Works or public
service corporation controlling such things as manholes,
valve boxes, meter boxes, street monuments, etc., prior to
proceeding with any work that may modify thom•aud ■Italk be
.held strictly liable if any such appliances are disturbed,
damaged or covered up during the course of the work.
If it shall be necessary to trove any property obstruction,
the removal thereof shall be accomplished as described in
Sections 11 or 12. The DDA will be responsible for
obtaining the consent of the owners or othere in charge.
The DDA may elect to retain any materials encountered, and
the Contractor, when so requested, shall carefully remove
the same to the nearest street, ar place in a couvonient
location for removal -by the DDA...
In case of,•the Contractor's failure to restore any
property damaged by his operations or to make good such
damage or injuiy, tlt,e DDA may, upon ,forty-eight (46) hours
notice`, proceed to reprAr, rebuild, or otherwise restore
such pxoperty as any be deemed necessary, ands the cost
thereof will be deducted from any moni.es due°or which
become dde the Contractor under this 'Contract.
The-DDA'shall not be held accountable for inaccuracies or
omissions` Lit the, locations or grades of existiug
undergroundstru,In
'tures,.utilities, foundations, etc. No
claimIs to be made by the Contractor for damage on -
account of the pr.ox"imiity to, leaking from, or delay caused
by underground structures, utilities or foundations, etc.
ZQS The Contractor shall be hold reoponaible for any violation '
off) a+srgrdiaancos affecting in any way the conduct of
atl` arsons engaged, or the materials or mathods used by
ltlm -on "the Work. 30,
} gyp•
• 1
j. IHSURA11Ct
s
3.01 The Contractor shall take out and maintain during the life
of this Contract "Workotatt's Companoatioa Insurance" for
all his employeos employed at the project site and, in
ease any work is bublet, the Contractor shall require the
Subcontractor to provide "Workmen's Componsation
Insurance" for all the latter'n employees, unless such
entployeas tro •covered by the protection afforded - by tits
Controctor. In cane any class of employees, engaged in
hatsttrduua work under this Contract, at the mite of the
project, is trot protected under tits "Workmen's
Compettaation" vtQatute, tits Contractor shall provide, and
oltnll cause such Contractor to provide, adequate coverage
for the protection of hia'eaiployces not otherwise
protected.
3.02 The Contractor shall take out and maintain during the life
of this Contract, ouch Public Liability and Property
,Damage Insurance as shall protect him and any
Subcontractor performing work covered by this Contract
from claims for damage for personal ,injury, including
death, as well no from claims for property damages which
may ariad from operations under this Contract, whether
ouch operations be by himoolf or by any Subcontractor, or
by anyone directly or indirectly employed by either of
them, and the minimum amounts of ouch insurance shall be
Be follotra t
"Workmen's Compensatioa Inouraitce", as required by
Chatter 440, State of Florida Statutes.
Public Liability Ittourance Policy with a liability
limit on account of cacti occurrence resulting in
bodily injury or death - to one person of not leso.tltau
$).,000,00Q. and a liability limit on account of an
occurrence resulting in bodily injury or death to
store than otte person of tilt loon than $
Property Damage Insurance Policy providing for a
liability limit on account o'f cacti occurrence of not
Leon than $ �
Automobile Liability Insurance in the amountti of
$100,000 per person, $300,000 per occurrence for
bodily injury and $50,1100 per. occurrence for _
property damage covering all owned, non -owned and
hirad vel►icles used Lit connection wittt tits work.
3.03 Tits Contractor or tits insurance agency representing the
Cvtttractor shall file with tits DVA, at the time the
Contractor returtto tho ContractDocuments. executed by him,
a certificate or certificates showing that the .above
altitiutum. asiguuts "Workmen's Compensation Insurance", Public
Liability Insurance, rroporty Damage Insurance and
.Automobile Liability. Insurance pertaining to khis job are
in Lorca45
4. PUBLIC STREETS AND TRAFFIC
4.01 For ntty portion of tite Work that may occur in or -on public
thoroughfares, tl►e following provisions shall apply.
4.02 Tile DDA shall indicate the point of beginning and tite
order of procedure of the Work, keeping the Contractor
fully an►p7,oyod. 110 block of any street may be used for
the storage of atty materials, other than those expected to
be used it► that block.
4.03 Sidewalka, guttero, draino, fire hydrants, and private
drives, shall insofar as practicable, be kept in condition
for their inteuded uses. While the Work is actually going
on at a location, as much no half the street width at ouch
location may be barricaded to exclude traffic anCirelj,
but street traffic al►all not be obstructed needlessly.
4.04 Should the DDA deem it expedient for the best interests of
the City or for the safety of the public, the Contractor
stay concentrate tits work at specific places or lie may.
ouol>ettd the work entirely for a period not to exceed two
(Z) dayo, providing that, if necessary, the further
oual►ellsion of tl►e Work, because of inclement weather, will
trot be a detriment to the entire Work operation. Upon ally
ouspenolon of work, all unused materials ahall be placed
no no not to in►peds traffic slid all rubbiolt shall be
removed. Whenever a street is partially or wholly closed,
the Contractor shall erect plainly worded signs announcing
such fact, together with proper barricades at the neare`ot
crone street upon each aide of such obstruction and upon
Intersecting streets.
4.04 The Contractor may erect or maintain along tite lines of
his work such tool boxes as may be necessary, providing
that such structures do not interfere with the reasonable
use of the streets and sidewalks. Tile sizes, location and
conotruction of such tool boxes a)tall be subject to ti►e
Approval of tite DDA. .I
S. TRAFFIC CONTROL
5.01 Traffic will be controlled by the Traffic Section,
Department of Police, and Department of -,Public Works
during construction. Traffic altall be maintained at all
times where directed by the Engineer. A traffic permit
frost the Department of Police and from the Department of
Public Works, as ra'quired, shall be ;obtained by the DDA.
5.02 Sufficient lights, barricades and traffic sigcts eltall be
provided by ti►e Contractor.
5.03All traffic control devices used oil street construction '
e p rccnf,grt to tile standards and specifications of Metro
b -46- 92, 730
H
0
5.04 lai the event that any street or portion thereof must 'be
closed to traffic or detoured, it ohnll be closed or
detoured Daily after approval of the PDA, Department of
Police and the boparts►ent of Public Works of the City of
ttiaoil, at►d after notifying the City of lilatnl Fire
DepArtole itt.
5.05 Ott all aid, a, atreats, at least one loue oball bo available
for vehicular traffic during working hours.
5.06 l'rovioiotto shall be made to provide accoss to all
apartments, ra.oidences and commorci,al structures during
the period of construction. '
5.07 ,Steel plates or bridging capable of supporting W-20
loading and temporary asphalt pavement oliall be used where
neceoaary to cotaply with theta requirements as directed by
the Engineer.
G . SPCU1t211U OF EXCAVATIONS
6.01 At Lite close of the work day, 1►olidays, and Weekends, the
Contractor shall install appropriate security devices
around the peritnetor of all excnvationo left open in the
Public ltight-Of-Hay.' Any variance from thin requirement
must be approved by the DDA. (All coots for these
requirements al►all be conaidered incidental to the wotk
and tie additional compensation will be allowed).
7. SUPE1tVISION ,
7.01 It in not the,DDA's'intentiou nor responsibility to
coordinate the a►any activitles ;of the Contractor neceoaary
to complete a"project. The DDA'o responsibility is to see
,that the project ie carried oat AU conformance with tl►e
Platte acid Specifl.cstious.
7 021 THE CONTRACTOR IS HE1tEDY ALERTED AS FART OF THESE CONTRACT
DOCUMENTS THAT A COMPETENT SUPSRINTENDEIIT OR FOhEMA21 SHALL
BE IN AESPONSIDLL• CHARCE OF THE JOB AT ALL TIMES.
s t t
8. UNDURCItOUND UTILITIES NOTIFICATION CENTER
1 ,
8.01 The Contractor is alerted that; underground utilities exist
iu=the vialaity of the proposed work acid that he should
notify the'Utility NotiUcation Center. for location -before
excavation at their" toll free uttwber 'l-D00-492-4710' at
1eaa.t 24-h9uua prior to diggLngt for utilities
verification in the field, -n addition" to this, the'
Contractor aba11 also lotifyi theFlorida Power & Light
_'� ...,cosy► :for verMpation of their utilities.
--- - - ------ _ 9,2 - 730
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OF
tv-'aT'
9. SBPAHATC CONTRACT
9.01 The bbA reserves the right to let other contracts in .
conctectiou with this project. The Contractor shall afford
other Contractors a reasonable opportunity for the
introduction and storage for their materials and the
executiou of their work and ohall properly connect and
coordinate his work with theirs.
9.02 If nny part of the Contraetor'o work depends, for the
proper execution or results,' upon the work of any other
Contractor, thq. Contractor shall inspect and promptly
report to. the bDA any defects Lit ouch work that render it
unsuitable for ouch proper execution and results.
10. PLANS AND MCIPICATIONS
10.01 The I'lans and Specifications describe the Work, anal all
materials. Work and dis►ettaions must, be in strict accord
with them, except only when the DDA stay, in writing,
authorize nit exception.
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10.02 The Contractor shall not take advantage of'a•ny apparent
error or.omiasion which may be found in the Plans or
Specifications, but the DDA shall be entitled to make such
corrections therein and such interpretations thereof as
u►ay be necessary for the fulfillment of their intent.
10.03 On all Plans, a discrepancy between dimensions shown in
figures and the scaled dimensions shall be referred to the
DDA for interpretation.
10.04 The Contractor will be supplied with sufficient copies of
the plaits said Specifications which remain the property of
the DDA and shall be returned to the DDA upon termination
of the Contract. One complete set of the Plans and
Specifications shall be kept on$Ithe job by the Contractor
and shall be accessible at all times.
I1. CHANCES IN THE WORK
'
11.01 The right is
reserved for the DDA to
make, alterations ,in
the Plaits or
in tho character of tho
Work, as may be
considered necessary
or desirable to
complete the proposed
.
work to this
satisfaction and consistent
with the general
a;
intention of
the Contract Documents.
Notice of every such
'{
alteration or
change shall be given
in writing to the
Contractor, and
ito such alterations
or change shall be
considered as
constituting a waiver
of any of the
-i
provisions of
the Contract Documents,
or as nullifying or
invalidating
any of ouch provisions.
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-4a-
92-- 730
Should any such alteration or change reoult in au increase
or decrease in the coot of work or materials described In
the proposal, the total amount payable under the Contract
will be accordingly modified. If alterations or changes
are thus mods; the time for completion of the Contract
will be correspondingly modified, if the Contractor so'
requests before commencing the work attributable to such
alterations or cho ages.
2. tXT11A WORK AND PAYMENT TIIRREr0lt
2.01 Tito Contractor shall perform• unforeseen work and
additional work ordered, for -which there is no price
! included in the proposal whenever it in deemed necessary
or desirable by the DDA to cootplete satisfactorily the
Work as contemplated, and such extra work shall be
performed promptly in accordance with the Specifications
and no directed by the DDA, provided however, that before
any extra work to begun, a written order from the DDA•to
do the work shall be given to the Contractor. All extra
work ordered and performed iu accordance with the
foregoing; will be paid for at the price (mutually agreed
upon by the Contractor and DDA to be equitable
compensation for tl►e work contemplated) stipulated in the
DDA'a written order for such work.
12.02 llowaver, in the event the Contractor, and the DDA fail to
agree upon au equitable price for any extra work ordered,
it shall be performed by using such tools, labor,•;
-equipment and materials as may be specified by the- DDA,
and will be paid for itt• the following otannert
For all labor, includictg a foreman Lit direct charge.
of the specified operations, the Contractor shall
recoive' a aunt equal to, the current local .rate of
wages for every (tour that the labor is actually
engaged in such work, to whic(t shall be -added an
amount equal to fifteen percept (15z) of such sum acid
the total theriof shall bs full compensation.
13. PROSECUT1011, PROGRESS MID ACCEPTANCE OF THE WORK ,
13.01 Before work is consmenced under this Contract, 'It ilie
Contractor shall submit to the DDA, a se'hodule of his
operations, showing the order in which, and the
approximate time at which, he plans to begin the various
sections, locations, or pl►ases of his operations. This
schedule is requested in order that operations of other
Contractors stay be coordinated with the work under this
Contract, and iu cases where the work will interfere with
the use of the public, streets, the routing of Eraffie may
be properly planned. Tlte•Contractor shall cooperate with
the City and DDA Lit working out a schedule that will best_
.serve the interests of o'll parties affected.
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14 . 1" 111AL CLLA1l 111C Ur
14.01 Upon contpletLott of tits Work and before acceptance, the
Contracter.altall clean and remove from the site, tile -
right -of -way, and adjacent property, all surplus and
discarded matcriala, rubbiolt, and tamporapy atructureel
restore LA.''an acceptable manner, all property, both public
and private, which has bean damaged during the prosecution
of ti►e Florkt and oltall leave the site and vicinity
unobstructed and it► a neat and presentable condition
throughout tite.,antire area or length of the Work uttder.
Contractor. Tlie placing of materials of every character,
rubbiah,-or equipment, on abutting property, with' or
without the conoent of the property ovuero, shall not
conatitute antiafactory dloponal. If ilia work ie of such
a character as may be delta by blocks or aections',' the
Contractor may be required to promptly remove at►d dispose
of accumulated rubbiah, debris, or.ourplus materials from
blocks or sectiona no completed or partially completed.
92�- 730
�GCTION 02515 UNIT PAVERS
1. GENERAL
1.01 RELATED DOCUMENTS
A. All applicable provisions of the Bidding Requirements,
Contract Forms, Conditions of the Contract and Division 1,
General requirements shall govern the work under this
section.
1. 0 2 WORK INCI:UD'ED
A. provide all labor, materials, necessary equipment, services.
and inclu4ed, but not limited to all related work to
complete the UNIT PAVERS work, as -indicated on the drawings,
as specified herein or both, except as for items'
specifically indicated as 'NIC ITEMS'.
1.03 DELIVERY STORAGE AND HANDLING
A. Paving stones shall be delivered and unloaded at jobsite
with or without pallets and bound in such a manner that no
damage occurs to the product during handling, hauling qnd
unloading.
2. PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS AND PRODUCTS
A. All unit pavers shall be manufactured by Paver Systems,
Inc., or approved equal.
2.02 MATERIALS
A. SOLID CONCRETE INTERLOCKING PAVING STONES
1. Conform to ASTM Designation C936-82.
2. DESIGN: All unit pavers shall be 'Holland Stone' and
'Uni-Decor' type as'indicated in plans.
3. THICKNESS: All unit pavers shall be 2-3/8" thick
except those at vehicular areas which shall be
3-1/8" thick. Refer to drawings.
4. COLOR: To be selected by owner
ILL
5. CE1ENTITIOUS MATERIALS: Portland Cements shall conform
to ASTM Specification C-150.
6. Aggregates shall conform to ASTM Specification C-33 for
Normal Weight Concrete Aggregate (no expanded siiale or
j
02515-1'
-51- g .. 740 (�
lighLweifWL• aggregates) except that jrading
requirements shall not necessarily apply,
7. OTHER CONSTITUENT'S: Coloring pigments, air-intraining
agents, integral water repellents, finely ground
silica, etc., shall conform to ASTM standards where
applicable, or shall be previously established as
suitable for use in concrete.
8. PHYSICAL REQUIREMENTS;
.1, Compressive Strength - At the time of delivery, to
the work site, the average compressive strength
shall not be less than 0,000 psi with'no individual
;unit strength less,,than 7,200 psi with testing
procedures in accordance -with ASTM Standard C-140.
.2 Absorption - The average absorption shall not be
greater than five percent (5%)-with no individual
unit absorption greater than seven percent (7%).
.3 Proven rield Performance - Satisfying field
performance is indicated with units similar'in
composition, and made with the same manufacturing
equipment as those to be supplied to the purchaser,
do not exhibit objectional deterioration after at
least one (1) year.
9. - VISUAL INSPECTION:
.1 All units shall be sound and free of defects that
would interfere with the proper placing of the unit
or impair the strength or permanence of the
construction. Minor cracks incidental to the usual
methods of. manufacturer, or minor chipping
resulting from customary methods of 'handling in
shipment and delivery, not be deemed grounds for
rejection.
10. SAMPLING AND TESTING.:
.1 The owner or his authorized representative shall be
accorded proper facilities to inspect and sample
the units at the place of manufacture from lots
ready for delivery.
.2 Sample and test -units -in accordance with ASTM
Method C-0140.
11. DEJECTION:
.1 In case the shipment fails to conform to the
specified requirements, the manufacturer may sort
it, and -new test units shall be selected at random
by the purchaser from the retained lot and tested
a535.
02515-2
(, i ,. , .. - . - . 7
..), .
at the expense of tihe manufacturer. in case the
second set of test units falls to conform to the
specified requirements, the entire lot shall be
rejected.
12. EXPENSE OF TESTS:
The expense of inspection and testing shall be borne by
the owner unless otherwise agreed.
13.-•SAND LAYING COURSE: The sand laying course shall be a
well graded clean washed sharp sand with 100% passing a
3/8" sieve size and a maximum of 3% passing a No. 200
sieve size. This is corrunonly known as manufactured
concrete sand, limestolie screening, or similes. DO NOT
USE MASON SAND.
The sand laying course should be -the responsibility of
the paving stone installer.
14. EDGE RESTRAINT: All edges of the installed paving
stone shall be restrained. The type of edge.restraint
shall be approved at locations as noted on,plans.
3. EXECUTION
1. The paving stone installer/contractor must have related
experience in the i.nstallation'of interlocking concrete
paving stones.
2. PREPARATION OF THE BASE COURSE •
.1 Suitable base must be prepared as detailed in other
section of. the project specifications.
.2 The base course shall be shaped to grade and cross
section"with an allowable tolerance. of 1/4" (5 mm).
.3 The compacted base shall be 3-1/8" (00 mm) below
final grade for.'2-3/8" (6 cm) pavers and 3-7/8"
(100 mm) below ,final grade for 3-1/8" (8 cm)
pavers. '
3. CONSTRUCTION OF THE SAND LAYING COURSE
.1 The finished base course shall be approved before
the placement of the,s and ,Raying course.
.2 The uncompacted sand laying course shall be spread
evenly over the area to be paved and then screeded
to a level that will produce 1" (25 mm) thickness
when the paving stones have been placed.
-53-
02515-3
8�-
.3, OncL.creeded and leveled to t desired elevation,
this sand laying course shall nut be disturbed in
any way.
4. LAYING Or CONCRETE PAVING STONES
.1 The paving stones shall be laid in'the approved
pattern as noted or shown on drawings.
.2 The paving stones shall be laid in such a manner
that the desired pattern is maintained and the
joints between the stones are as tight as possible.
Joints shall be 1/8" maximum.
.3 String lines should'be used to hold all pattern
.Lines true.
.4 The gaps at the edge of the pavers surface shall be
filled with standard edge stone or with stones cut
to fit. Cutting shall be accomplished to leave a
clean edge to the traffic surface using a double
headed breaker or a masonry saw. However, when
cutting precision designed areas, a masonry saw is
reconunended. Whenever possible, no cuts should
result with a paver less than 1/3 of original
dimension.
.5 Paving stones shall be vibrated into the sand
laying course using,a vibrator capable of 3,000 to
5,000 pounds compaction force with the surface
clean and joints open.
.6 After vibration, clean masonry type sand containing
at least 30% of 1/8" (3mm) particles shall be
spread over the paving stone surface, allowed to
dry, and vibrated into joints with additional
vibrator passes and brushing so as to completely
fill joints.
.7 Surplus material shall then be swept from the
surface or left=�on surface during construction time
to'insure complete filling of joints during initial
use. This sand„also may provide surface protection
from construction debris.
.8 Upon completion of work covered in the Section, the
Contractor shall clean up all work areas by
removing all debris, surplus material and equipment
from the site. �4.
END OF SECTION 02515
-54-
02515-.Jl"
92-:. 730
SECTION 02900 - LANDSCAI ORK
1, GENERAL
1.01 SCOPE
A. The work includes the supplying and planting of all trees,
shrubs, vines and ground cover together with all necessary
labor, equipment, tools and materials needed for the
successful completion and execution of the landscape plans.
1.02 AGENCY STANDARDS
A. Grades and standards of plant materials used shall be true.
to -name, size, condition and graded Florida 01 or better as
outlined in: 'Grades and Standards of Florida Plants'
published by the State of Florida Department of Agriculture,
Tallahassee, Florida.
1.03 SITE EXAMINATION
A. The contractor shall fully acquaint himself with all of the
existing conditions of the project site prior -to submitting
a bid for the work specified.
1.04 'ERRORS AND OMISSIONS
A. The plant list is a part of the specificat;iMindicating the
name, size and quantities of specifib plant materials as
called for and located on the drawings, and' -is furnished as
a convenience. The contractor is responsible for his own
quantity count and any discrepancy between drawings and
plant list shall be considered correct on the drawings.
1.05 GUARANTEE
A. Furnish a written guarantee warranting all plant materials
in accordance with the following schedule:
All trees and palms for a period of one year from the date
of completion.
t All shrubs and ground covers for a period of three months
from the date of completion.
Sod shall be guaranteed for a period o'f two months from the
date of completion.
D. At the dnd of the specified guarantee period, any plant
required by this contract that is dead or not in
satisfactory condition, as determined by the architect or
owner, shall be replaced. ,
C. All replacements shall be plants of the same kind and size
as specified in the plant list.
02900-.i
-55- ■{5n�� 7
S•
♦ i
i , p CAHE MID MAINTENAI
A. Furnish the owner with a written detailed description for
the care and maintenance of all plant 'material at the time
of final acceptance.
13. The owner agrees to execute the instructions for such care and
maintenance.
1.07 SAFETY
A. Yrotect".all persons from injury and avoid property damage.
B. Adequate warning devices shall be placed and maintained
during the progress of the work.
C. Conform to all local, state and federal safety laws and
codes including the Federal Occupational Safety and llealth
Act (OSIIA) .
1.00 CONTRACTOR QUALIFICATION
A. Before awarding the contract, the contractor shall furnish
to the owner a unit cost breakdown for all materials. These
prices shall be the basis for any additions or delations
should revisions be necessary during the life of the
contract.
1.09 INSURANCE
A. The contractor shall maintain such insurance as will protect
him from such claims under the workman's compensation act,
and from any claim for damage for personal injury or death
as a result of work under this contract.
1.10 SUBMITTALS
A. Two samples each of shrubs and ground covers shall be
brought to the site as prototypical of proposed material for
approval.
2. MATERIALS
2.01 PLANT MATERIALS
A. Plant materials shall be upgraded Ao' rida No. 1 or better as
outlined under Grades and Standards for Nursery Plants,
State Plant Board of Florida.
B. All plant materials shall have a habit of growth which is
normal for the species. Plants that do not have the normal
029001
-71 1p1p ;
µ4Q -56- . 92 730
balance of height and spread typical for the respdctive
plant shall nbt be accepted.
C. The contractor shall contact the Landscape Architect after
having selected L•he specified trees and palms for inspection
and approval at the nursery. A minimum of one weeks notice
shall be given.
D. Sod shall be firm, tough texture, having a compacted growth
of'grass with good root development. It shall contain no
noxious weeds or any other objectionable vegetation.
Sod shall have been mowed a minimum of three times prior to
being cut and lifted.
2.02 PROTECTION OF PLANT MATERIALS
A. Balled and Burl.apped (B&B) plants shall. be dug With firm
natural balls of earth of sufficient diameter and depth to
encompass the fibrous and feeding root eystem necessary for
full recovery of the plant. Balls shall be firmly wrapped'
with burlap and bound with cord, rope or wire mesh.
D. Plants with broken, damaged or insufficient balls wil'1 be
rejected.
C. All plant material shall be protected from possible bark
injury or breakage of branches. All•plants.shall he
protected from windburn due to transportation.
D. Plants which cannot be planted immediately en delivery,
shall be covered with moist soil, mulch o; other protection
from the drying of wind and sun. All plants shall be
watered as necessary until planted.
2.03 STORAGE
A. No plant material shall be stored longer than seventy two
hours.
B. All rejected plant materials shall be immediately removed
from the site and replaced with acceptable material at no
cost to the owner.
2.04 PROTECTION DURING PLANTING
A. Trees moved by winch or crane .shall.t.be thoroughly protected
from chain marks, girdling or''bark slippage by means of
burlap, wood battens or other approved materials.
2.05 PLANTING SOIL
A. All plant material shall be planted'with the following Boil:
02900-3
50% sand and 50% muck. There must be a slight acid reaction
to the soil with no excess of calcium 'oar carbonate. Soil
shall be delivered in a loose friable condition..
2.06 FERTILIZER
A. Commercial fertilizer shall be an organic fertilizer
containing nitrogen, phosphoric acid, and potash in equal
percentages of available plant food by weight. Nitrogen
shall•not be less than 40% from organic source.' Palm tree
special shall be (10.5.5).
D. To each cubic yard of planting soil shall be added and
thoroughly mixed 2 lbs. of co►rmercial fertilizer,
4 • 1
C. Fertilizer that becomes caked or otherwise damaged shall not
be acceptable.
2.07 MULCH
A. Mulch material shall be pixie bark, 1/2 inch to 2 inches in'
diameter or shredded cypress mulch, moistened at the time of
application to prevent wind displacement.
D. All tree, shrub and ground cover beds shall receive a
minimum 2" mulch layer immediately after planting.
3. EXECUTION
3.01 PLANTING
A. Planting shall take place during favorable weather
conditions.
D. Ascertain location of all underground utilities prior to
planting.
C. Planting shall be located as shown in Planting Plan.
D. Planting pits shall be circular in outline and extend to
required subgrade as indicated in planting details. Hedges
shall be planted in trenches and bdckfilled with planting
soil. Groundcovers shall be planted in a minimum of 4
inches of topsoil. Diameter of plant holes shall be as
shown in planting details. Planting soil shall be utilized
to backf_ll all plant holes.
•E. Prior to all planting, clear area of existing sod or other
plants and bring ground to.an even grade.
i
7 q 02900-4
r; -58- 92— 730
F t
r All plants shall be set to ultimate finished grade'. No
filling around trunks shall be permitted.
G. Remove all flagging and ribbons from all plants'prior to
planting.
11. Excess excavation shall be removed from the site.
3.02 PRUNING
A. Remove dead and broken branches from all plant material.
Prune Lo retain typical growth habit of individual plants
retaining maximum height and spread.
D. Make all"�cuts with sharp instruments flush with trunk or
adjacent branch, in such a manner as to eliminate stubs.
C.
Trees
shall
not be poled or topped.
D.
Remove
all
trinunings from site.
E. Paint all cuts 1/2" diameter and larger with waterproof
antiseptic tree paint.
3.03 GUYING
A. All trees over sir- feet in height shill, immediately after
setting to proper grade, be guyed as -shown in planting
deCail.
D. Wires shall not come in direct contact with•the tree.
C. Turnbuckles shall be galvanized or cadmium plated and shall
be of adequate size and strength to properly maintain tight
guy wires.
3.04 WATER
A. Each plant or tree shall be thoroughly watered after
planting.
D. All trees shall be deep watered for a period of ninety days
after planting.
C. Water shall be potable and furnished by the contractor. The
contractor shall supply'hoses nozzles, water trucks And all
oth9r equipment necessary to execute the work.
D. All watering required during the maintenance shall be
furnished by the owner.
02900-5
A. Apply 2 inches of topsoil to entire area receiving sod.
Topsoil shall consist of 50% peat and 50% sand free of
sticks, stones and other foreign materials:
B. Fine grade all landscape areas, eliminating all bumps,
depressions, sticks, stones and other debris.
C. Sod all areas indicated.
D. Apply 6-6-6 fertilizer at the rate of 40 lbs. per 1,000 sq.
ft. prior to laying sod.
E. Solid sod shall be laid with closely abutting joints with a
tamped or rolled even surface.
F. The finished level of all sod areas shall be one inch below
abutting walks or pavement.
3.06 CLEANING UP
A. Keep the premises free from accumulations of waste materials
or rubbish. 'Broom clean' work area upon completion'of
work.
3.07 MAINTENANCE
A. Maintenance shall begin immediately alter .plant is installed
and shall continue until all planting is accepted by the
owner.
U. Proper protection to lawn areas shall be provided and any
damage resulting from planting operations shall be repaired
promptly.
3.08 INSPECTION AND ACCEPTANCE
A. Inspection of work to determine completion of contract,
exclusive of the possible replacement of plants, will be
inade by the owner and/or? landscape 'architect ••at the
conclusion of all planting and at the.written request of the
contractor.
B. After inspection, the contractor will'be notified by the
owner of the acceptance --of all, plant material and
workmanship, exclusive of t-he.poss kble replacement of plants
subject to guarantee.
END OF SECTION 02900
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02900-6
.. 93� 73n
a.
i
CO T
am
This CONTRACT, made and entered into this daY of
r•-
1992, by and between the Downtown Development
Authority of the City of Miami, Florida, 1818 One Biscayne Tower,
33131, (hereinafter called the "DDA" and
(hereinafter call the "CONTRACTOR").
WITNESSETH: That the parties hereto, for the considerations
hereinafter set forth, mutually agree as follows:
1. CONTRACT DOCUMENTS
All of the documents hereinafter listed form the CONTRACT as
if hereto attached, or repeated in this CONTRACTS
Invitation to Bid and Bid Instructions
Construction Drawings and Specifications
Bid Proposal
Addenda and Change Orders
II. SCOPE OF WORK
The CONTRACTOR shall furnish all products, labor, materials
and equipment and perform all work in the manner and form,
provided by the above referenced CONTRACT DOCUMENTS, for:
SOUTHWEST EIGHTH STREET LANDSCAPE/ STREETS CAPE IMPROVEMENTS.
The CONTRACTOR shall be responsible for obtaining the
appropriate permits from the Building 6 Zoning Department and the
Public Works Department.
The CONTRACTOR shall be responsible for calling all utility
companies, for locating underground utilities.
The CONTRACTOR shall be responsible for coordinating his
schedule with the schedule of the utility companies.
All conflicts between proposed tree locations and utilities shall
be brought to the attention of the DDA by the CONTRACTOR, for a
decision by the DDA.
The DDA shall be responsible for all correspondence with
utility companies and City departments regarding decisions
relating to conflicts.
1T1. COMPENSATION
The DDA shall pay to the CONTRACTOR for the faithful
performance of the CONTRACT, in lawful money of the United
States, and subject to additions and deductions and based on unit
prices (where applicable), and a DDA approved payment schedule,
the sum of
A
r.-
Ten percent (10%) of all ants shall be retained until '
the project has been accepted by the DDA as provided in the
proposal and other CONTRACT DOCUMENTS.
IV. LIST OF UNIT PRICE(S)
All work shall be compensated in accordance with unit prices
as provided in the accepted Bid Proposal.
Any addition or deletion of work included in the Bid
Proposal shall be added or reduced at the unit prices provided in
the accepted Bid Proposal.
V. TIME OF PERFORMANCE
The CONTRACTOR shall complete all work in accordance with the
Bid Proposal and other CONTRACT DOCUMENTS within 30 days from the
date that permits are obtained.
It is mutually agreed between the parties hereto, that TIME
IS OF THE ESSENCE to this CONTRACT, and, in the event that
installation is not completed within the time herein specified
excluding any extension allowed by the DDA, it is agreed that
from the agreed upon compensation to be paid to the CONTRACTOR,
the DDA may retain for EACH day thereafter, Sundays and Holidays
included, that the installation is delayed, the penalty sum of
One Hundred Dollars ($100) per day.
The CONTRACTOR shall guarantee the healthy appearance or
replacement of all trees for a period of up to 9 months, all
palms for a period of up to 6 months and all remaining plantings
up to 4 weeks, except for vandalism, neglect or "Acts of God".
VI. INDEMNIFICATION AND INSURANCE
The CONTRACTOR shall indemnify and save DDA and the CITY OF
MIAMI harmless from and against any and all claims, liabilities,
losses, and causes of action which may arise out of the
CONTRACTOR'S activities under this CONTRACT, including all other
acts or commissions to act on the part of the CONTRACTOR,
including any person acting for or on its behalf, and, from and
against any orders, judgements, or decrees which may be entered
and from and against all costs, attorneys' fees, expenses and
liabilities incurred in the defense of any such claims, or in the
investigation thereof.
-2-
�E .. 92- 730
t
The CONTRACTOR shall take t and maintain during the life
of this CONTRACT "Workmen's Compensation Insurance" for all his
employees employed at the project site and, in case any work is
sublet, the CONTRACTOR shall require the Subcontractor to provide
"Workmen's Compensation Insurance" for all the latter's
` employees, unless such employees are covered by the protection
afforded by the CONTRACTOR.
In case any employees, engaged in hazardous work under this
I CONTRACT, at the site of the project, are not protected under the
"Workmen's Compensation" statute, the CONTRACTOR shall provide,
and shall cause such Subcontractor to provide, adequate coverage
for the protection of his employees not otherwise protected.
The CONTRACTOR shall take out and maintain during the life
of this CONTRACT, such Public Liability and Property Damage
Insurance as shall protect him and any Subcontractor performing
work covered by this CONTRACT from claims for damage for personal
injury, including death, as well as from claims for property
damages which may arise from operations under this CONTRACT,
whether such operations be by himself or by any Subcontractor, or
by anyone directly or indirectly employed by either of them, and
the minimum amounts of such insurance shall be as follows
Workmen's Compensation Insurance", as required by Chapter
440, State of Florida Statutes.
Public Liability Insurance with a liability limit on account
of each occurrence resulting in bodily injury or death to one
person of not less than $1,000,000 and a liability limit on
account of each occurrence resulting in bodily injury or death to
more than one person of not less than $1,000,000.
Property Damage Insurance Policy providing for a liability
limit on account of each occurrence of not less than $300,000.
Automobile Liability Insurance in the amounts of $100,000
per person, $300,000 per occurrence for bodily injury and $50,000
per occurrence for property damage covering all owned, non -owned
and hired vehicles used in connection with the work.
The CONTRACTOR or the insurance agency representing the
CONTRACTOR shall file with the DDA, at the time the CONTRACTOR
returns the CONTRACT DOCUMENTS executed by him, a certificate or
certificates showing that the above minimum amounts "Workmen's
Compensation Insurance", Public Liability Insurance, Property
Damage Insurance and Automobile Liability Insurance pertaining to
this job are in force.
-3-
. �� $w •� 4fi r 9
9`2-- 730
All insurance shall be is. d from companies authorized to
do business under the lave of the State of Florida.
The company must be rated no less than "A" as to management
and "X" as to strength by the latest edition of Beat's Insurance
Guide, published by Alfred M. Best Company, Inc.
�+ The CONTRACTOR shall not commence work until the specified
insurance has been obtained and submitted to the DDA.
4
The CONTRACTOR shall maintain such insurance during the life i
of this CONTRACT.
No modification or change in insurance shall be made without
three (3) days written advance notice to the DDA.
VII. ASSIGNABILITY
The CONTRACTOR agrees to give notification, in writing, to
the DDA of any proposed subcontracts.
Any work or services subcontracted shall be subject to each
provision of this CONTRACT. None of the work or services shall
i
be subcontracted or reimbursed without prior written approval of
the DDA. {
A
VIII. AUDITS AND INSPECTIONS
At any time during normal business hours, records shall be
'i
i
made available to the DDA designated authorized representative to 1
examine and make audits of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and
other data relating to all matters covered by this CONTRACT.
Said documents and records shall be maintained not less than
.►,,-e (3) years after the termination of Chia CONTRACT.
MENDMENTS
'he DDA may, at its discretion, amend this CONTRACT at any
to conform with any contingencies which may require such
lent. Amendments, if required, shall be incorporated in
ig to this CONTRACT upon review, approval and execution by
irties hereto.
;RNINATION
is CONTRACT may be terminated by either party at any time
ubmission of written notice if there is,
Ineffective or Improper Use of Funds
Failure to Comply with the Terms of Contract
Submittal of Incorrect or Incomplete Records
Occasion wherein the Implementation of the Contract is
Rendered Impossible or Infeasible
-4-
92- 730
11
f
1
S
Xi. CONFLICT OF INTEREST
The CONTRACTOR covenants that no person under its employ who
presently exercises any functions or responsibilities has any
personal financial interests, direct or indirect, in this
CONTRACT.
.• The CONTRACTOR further covenants that, in the performance of
its CONTRACT, no person having such conflicting interest shall be
employed.
Any such interests, on the part of the CONTRACTOR or its
employees, must be disclosed in writing to the DDA.
The CONTRACTOR, in the performance of its CONTRACT, shall be
subject to more restrictive law and/or guidelines regarding
conflict of interest promulgated by Federal, State or Local
government.
XII. ASSURANCE AND CERTIFICATIONS
1. No person in the United States shall, on the grounds of
race, color, creed, national origin, sex, marital status or
physical handicap, be excluded from participation in, or be
denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the
CONTRACTOR receives funds under this CONTRACT, and it will
immediately take any measures necessary to correct any such
discrimination and to ensure that such discrimination cannot
occur in the future.
2. The CONTRACTOR will establish safeguards to prohibit
employees from using their positions for a purpose that is, or
gives the appearance of being, motivated by desire for private
gain for themselves or others, particularly those with whom they
have family, business or other ties.
3. The CONTRACTOR will comply in accordance with the
Housing and Community Development Act of 1974, Section 109 with
Title VI of the Civil Rights Act of 1974, Title VIII of the Civil
Rights Act of 1968, Executive Orders 11246 and 11046 and Section
3 of the Housing and Urban Development Act of 1968, Section
570.303 (3). (1) and incorporated herein by reference.
4. The CONTRACTOR will comply with the provision of the
Batch Act as amended January 1, 1975, which limits the potential
activities of employees and is incorporated herein by reference.
-5-
r.
5. The CONTRACTOR will ey with the Anti -Kickback Act9,
Title XVIII, U.S., C. Section 814 and provisions of the Federsl
Labor Standards, Title XXIX and incorporated herein by reference.
6. The CONTRACTOR will comply With the regulations and
requirements of the Office of Management and Budget Circular A-
102, "Uniform Administration Requirements for Grants -In -Aid to
State and Local Governments" and Federal Management Circular 74-
4, "Principles for Determining Costs Applicable to Grants and
Contracts with State and Local Governments".
XIII. NOTICES
All notices or other communications which shall or may be
given pursuant to this CONTRACT shall be in writing and shall be
delivered by personal service, or by registered mail addressed to
the other party at the address indicated herein or as the same
may be changed from time to time.
Such notice shall be deemed given on the day on which
personally serviced; or, if by mail, on the fifth day after being
posted or the date of actual receipt, whichever is earlier.
DOWNTOWN DEVELOPMENT AUTHORITY CONTRACTOR
MATTHEW D. SCHWARTZ
1818 ONE BISCAYNE TOWER
MIAMI, FLORIDA
33131
XIV. SIGNATORIES
In witness whereof, the Downtown Development Authority and
have
entered into this CONTRACT as of the date first above written.
DOWNTOWN DEVELOPMENT AUTHORITY
WITNESS
WITNESS
-6-
BYs
Matthew D. Schwartz
Executive Director
CONTRACTOR
BY: