HomeMy WebLinkAboutExhibit 37{ INVITATION TO BID NO. 08-09-014
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NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami, Office of the City Clerk, City Hall, 1st Floor, 3500
Pan American Drive, Miami, Florida 33133-5504, until 11:00 A.M. on Tuesday, December 23, 2008
for the project entitled:
DISTRICT 5 - SIDEWALK REPAIR PROJECT II
B -30377E
Scope of Work: The project includes the removal of deteriorated, damaged, or unsafe concrete
sidewalks and construction of new concrete sidewalks and handicap ramps for the City's ADA program.
The upgrade, replacement and repair of concrete curbs and curbs and gutters, and reinstallation of water
meter boxes or similar utility structures located in the sidewalk area, 2 -ft of asphalt pavement restoration
for the c&g restoration, and trimming and removal of tree roots, as necessary, in order to prevent future
damage to the new concrete sidewalk, driveway or access ramps, concrete curb and gutter. The
proposed improvement is inclusive to the Commissioner District 5 Area.
Minimum Requirements: Prospective Bidder shall hold a current certified license as a General
Contractor from the State of Florida or a Miami -Dade County Business Occupational License in the
appropriate trade (Paving / Concrete Specialty). Proof of experience for the work may be required for
three (3) separate projects of similar size, scope, and complexity, supported by references within the past
three (3) years.
A performance Bond is not required for this project.
Bid packages containing complete instruction and specifications may be obtained at the Public Works
Department, 444 S.W. 2nd Avenue, 8th Floor, Miami, Florida 33130, Telephone (305) 416-1200 on or
after November 10, 2008. Bid packages will be available in hard copy form and a non-refundable fee of
$20.00 will be required. A bid package can also be mailed to bidders upon written request to the
Department, and shall include the appropriate non-refundable fee plus $10 for shipping and handling
using regular U.S. Mail.
All bids shall be submitted in accordance with the Instructions to Bidders. Bids must be submitted in
duplicate originals in the envelope provided with the bid package. At the time, date, and place above, bids
will be publicly opened. Any bids or proposals received after time and date specified will be returned to
the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is
solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused
by mail, courier service, including U,S. Mail, or any other occurrence.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF
SILENCE" IN ACCORDANCE WITH SECTION 18-74 OF THE CITY OF MIAMI ORDINANCE NO.
12271.
Pedro G. Hernandez, P,E.
City Manager
Bid No. 08-09-014 Page 5
00800. GENERAL CONDITIONS:
2
4.
Contract Documents:
1.1. The Contract Documents includes any Scope of Work and technical specifications
attached hereto.
1.2. The Contract Documents, along with all documents that make up and constitute the
Contract, shall be followed in strict accordance as to Work, performance, material except
when the City may authorize, in writing, an exception.
1.3. Contractor shall not proceed with any Work when in doubt as to the Work, and shall seek
clarification from Project Manager.
Intention of Citv:
It is the intent of City to describe in the Contract Documents a functionally complete Scope of
Work to be performed in accordance with the Contract Documents and in accordance with all
codes and regulations governing the Work. Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to produce the intended
result shall be supplied by Contractor whether or not specifically called for. When words, which
have a well-known technical or trade meaning are used to describe work, materials or equipment,
such words shall be interpreted in accordance with that meaning. City shall have no duties other
than those duties and obligations expressly set forth within the Contract Documents. Please refer
to the Public Works Department - STANDARD CONTRACT DOCUMENTS AND
SPECIFICATIONS FOR PUBLIC WORKS PROJECTS.
Preliminary Matters:
3.1. Within five (5) calendar days prior to the kickoff meeting described in Section 3.2,
Contractor shall submit to the Contract Administrator for the Contract Administrator 's
review and acceptance:
3.1.1. A detailed maintenance plan in a format acceptable to the City:
The maintenance plan shall indicate the start and completion dates of
the various tasks for each Work Site and shall include in the
maintenance plan a narrative of the procedures to be used in the
performance of the Work and a list of all equipment to be used in the
performance of the Work.
4. The maintenance plan must be updated to reflect any changes and
submitted for approval to the Contract Administrator of any changes.
14Approval of the maintenance plan by the Contract Administrator shall not
relieve the Contractor of the sole responsibility and liability for the
performance of the Work.
3.2 Within ten (10) days after the award of the Contract the City shall hold a kick-off meeting
with the Contract. The City may require that the Sub -Contractors also attend this
meeting.
Performance Bond and Payment Bond: NOT APPLICABLE TO THIS CONTRACT.
Within fifteen (15) calendar days of being notified of the award, Contractor shall furnish a
Performance Bond and a Payment Bond containing all the provisions of the Performance Bond
and Payment Bond attached hereto as forms 00710 and 00720.
4.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price
guaranteeing to City the completion and performance of the Work covered in such
Contract as well as full payment of all suppliers, laborers, or subcontractors employed
pursuant to this Project. Each Bond shall be with a Surety, which is qualified pursuant to
Article 5, below.
Bid No. 08-09-014 Page 43
4.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of
the Work with liability equal to one hundred percent (100%) of the Contract sum, or an
additional bond shall be conditioned that Contractor will, upon notification by City, correct
any defective or faulty work or materials which appear within one year after Final
Completion of the Contract.
4.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be
amended from time to time, Contractor shall ensure that the bond(s) referenced above
shall be recorded in the public records of Miami -Dade County and provide City with
evidence of such recording.
4.4. Alternate Form of Security:
In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate
forms of security, which may be in the form of cash, money order, certified check,
cashier's check or unconditional letter of credit in the form attached hereto as Form
00735. Such alternate forms of security shall be subject to the prior approval of City and
for same purpose and shall be subject to the same conditions as those applicable above
and shall be held by City for one year after completion and acceptance of the Work.
Qualification of Surety:
5.1. Bid Bonds, 'Performance Bonds and Payment Bonds over Five Hundred Thousand
Dollars ($500,000.00):
5.1.1. Each bond must be executed by a surety company of recognized standing,
authorized to do business in the State of Florida as surety, having a resident
agent in the State of Florida and having been in business with a record of
successful continuous operation for at least five (5) years.
5.1.2. The Surety shall hold a current certificate of authority as acceptable surety on
federal bonds in accordance with United States Department of Treasury Circular
570, Current Revisions. If the amount of the Bond exceeds the underwriting
limitation set forth in the circular, in order to qualify, the net retention of the
Surety shall not exceed the underwriting limitation in the circular, and the excess
risks must be protected by coinsurance, reinsurance, or other methods in
accordance with Treasury Circular 297, revised September 1, .1978 (31 DFR
Section 223.10, Section 223.111). Further, the Surety shall provide City with
evidence satisfactory to City, that such excess risk has been protected in an
acceptable manner.
5.1.3. The City will accept a surety bond from a company with a rating of B+ or better
for bonds up to $2 million, provided, however, that if any surety company
appears on the watch list that is published quarterly by Intercom of the Office of
the Florida Insurance Commissioner, the City shall review and either accept or
reject the surety company based on the financial information available to the City.
A surety company that is rejected by the City may be substituted by the Bidder or
proposer with a surety company acceptable to the City, only if the bid amount
does not increase. The following sets forth, in general, the acceptable
parameters for bonds:
Policy- Financial
Amount of Bond holders Size
Ratings Category
500,001 to 1,000,000 B+ Class ......I
1,000,001 to 2,000,000 B+ Class .....II
2,000,001 to 5,000,000 A Class ....III
Bid No. 08-09-014 Page 44
D
7
5,000,001 to 10,000,000
A
Class
... IV
10,000,001 to 25,000,000
A
Class
.... V
25,000,001 to 50,000,000
A
Class
... VI
50,000,001 or more
A
Class
.. VII
5.2. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and
Payment Bond from a Surety which has twice the minimum surplus and capital required
by the Florida Insurance Code at the time the invitation to bid is issued, if the Surety is
otherwise in compliance with the provisions of the Florida Insurance Code, and if the
surety company holds a currently valid certificate of authority issued by the United States
Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States
Code, as may be amended from time to time. A Certificate and Affidavit so certifying
should be submitted with the Bid Bond and also with the Performance Bond and Payment
Bond.
5.3. More stringent requirements of any grantor agency are set forth within the Supplemental
Conditions. if there are no more stringent requirements, the provisions of this section
shall apply.
Indemnification:
6.1 Contractor shall indemnify and hold harmless City, its officers, agents, directors, and
employees, from liabilities, damages, losses, and costs, including, but not limited to
reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of Contractor and persons employed or utilized by
Contractor in the performance of this Agreement. Except as specifically provided herein,
this Contract does not require Contractor to indemnify City, its employees, officers,
directors, or agents from any liability, damage, loss, claim, action, or proceeding for such
actions. These indemnifications shall survive the term of this Agreement. In the event
that any action or proceeding is brought against City by reason of any such claim or
demand, Contractor shall, upon written notice from City, resist and defend such action or
proceeding by counsel satisfactory to City.
6.2 The indemnification provided above shall obligate Contractor to defend at its own
expense to and through appellate, supplemental or bankruptcy proceeding, or to provide
for such defense, at City's option, any and all claims of liability and all suits and actions of
every name and description covered by Section 7.1 above which may be brought against
City whether performed by Contractor, or persons employed or utilized by Contractor.
6.3 This indemnity will survive the cancellation or expiration of this Agreement. This
indemnity will be interpreted under the laws of the State of Florida, including without
limitation and interpretation, which conforms to the limitations of §725.06 and/or §725.08,
Fla. Statue.
Insurance Requirements:
7.1. Without limiting any of the other obligations or liabilities of Contractor, Contractor shall
provide, pay for, and maintain in force until all of its Work to be performed under this
Contract has been completed and accepted by City (or for such duration as is otherwise
specified hereinafter), the insurance coverages set forth herein.
7.1.1. Workers' Compensation insurance to apply for all employees in compliance with
the 'Workers' Compensation Law" of the State of Florida and all applicable
federal laws. In addition, the policy(ies) must include:
7.1.1.1. Employers' Liability with a limit of One Million Dollars ($1,000,000.00)
Dollars each bodily injury caused by an accident, each accident. One
Million Dollars ($1,000,000.00) Dollars each bodily injury caused by
Bid No. 08-09-014 Page 45
disease, each employee. One Million Dollars ($1,000,000.00 Dollars each
bodily injury caused by disease, policy limit.
7.1.1.2 Waiver of subrogation
7.1.2. Comprehensive General Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability
and Property Damage Liability. General Aggregate Limit of Two Million Dollars
($2,000,000.00). Coverage must be afforded on a form no more restrictive than
the latest edition of the Comprehensive General Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include:
[ X ] 7.1.2.1. Premises and/or Operations.
[ X ] 7.1.2.2. Independent Contractors.
[ X ] 7.1.2.3. Products and/or Completed Operations for contracts with an
Aggregate Limit of Two Million Dollars ($2,000,000.00) per
project. Contractor shall maintain in force until at least three
years after completion of all work required under the Contract,
coverage for Products and Completed Operations, including
Broad Form Property Damage.
[ ] 7.1.2.4. Explosion, Collapse and Underground Coverages.
[ ] 7.1.2.5. Broad Form Property Damage.
[ ] 7.1.2.6. Broad Form Contractual Coverage applicable to this specific
Contract, including any hold harmless and/or indemnification
agreement.
[ X ] 7.1.2.7. Personal Injury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal to
those required for Bodily Injury Liability and Property Damage
Liability.
[ X ] 7.1.2.8. City is to be expressly included as an Additional Insured with
respect to liability arising out of operations performed for City by or
on behalf of Contractor or acts or omissions of Contractor in
connection with general supervision of such operation.
j ] 7.1.2.9. Employee included as insured.
[ X ] 7.1.2.10. Contractual Liability.
[ X ] 7.1.2.11. Waver of Subrogation.
[ X ] 7.1.2.12. Personal and Advertising Injury.
( X ] 7.1.2.13. Loading and Unloading.
[ X ] 7.1.2.14. Mobile Equipment (Contractor's Equipment) whether owned,
leased, borrowed or rented by Contractor or employees of the
Contractor.
7.1.3. Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability
and Property Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability policy,
without restrictive endorsements, as filed by the Insurance Services Office, and
must include:
7.1.3.1. Owned Vehicles.
7.1.3.2. Hired and Non -Owned Vehicles.
Bid No. 08-09-014 Page 46
7.1.3.3. Employers' Non-Ownership.
7.1.3.4 Employees included as insured
7.1.3.5 City of Miami as Additional Insured
[ ] 7.1.4. Umbrella Policy
7.1.4.1. Bodily injury and property damage liability with limits of Two Million
Dollars ($2,000,000) each occurrence and an aggregate limit of
Two Million Dollars ($2,000,000).
7.1.4.2. Products/Completed operations aggregate limit of Two Million
Dollars ($2,000,000).
Excess coverage over the policies as follows:
Commercial General Liability
viL Automobile Liability
[ ] 7.1.5. Installation Floater for the installation of machinery and/or equipment into an
existing structure is required. The coverage shall be "All Risk" coverage
including installation and transit for 100 percent of the "installed replacement cost
value," covering City as a named insured, with a deductible of not more than Five
Thousand Dollars ($5,000.00) each claim.
7.1.5.1. Cessation of Insurance—Coverage is not to cease and is to remain
in force (subject to cancellation notice) until final acceptance by
City.
7.1.5.2. Flood Insurance—When the machinery or equipment is located
within an identified special flood hazard area, flood insurance must
be afforded for the lesser of the total insurable value of such
buildings or structure, or, the maximum amount of flood insurance
coverage available under the National Flood Program.
[ X ] 7.1.5. Owners Contractors Protective — City of Miami — Limits of Liability for Bodily Injury &
Property Damage Liability shall be in the amounts of $1,000,000.00 for each occurrence
and $1,000,000.00 in the aggregate
[ X ] 7.1.6 Employer's Liability — Limits of Liability
$500,000 for bodily injury caused by accident, each accident
$500,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
[ ] 7.1.7 Marine General Liability, including coverage for protection and liability in the amount of
$1,000,000
[ ] 7.1.8 Pollution Liability in the amount of $1,000,000
[X) 7.1.9 Jones Act coverage for captain and crew
7.2. If the initial insurance expires prior to the completion of the work, renewal copies of
policies shall be furnished at least thirty (30) days prior to the date of their expiration.
7.3. Notice of Cancellation and/or Restriction--The policy(ies) must be endorsed to provide
City with at least thirty (30) days notice of cancellation and/or restriction.
7.4. Contractor shall furnish to the Public Works Department Certificates of Insurance or
endorsements evidencing the insurance coverage specified above within fifteen (15)
calendar days after notification of award of the Contract. The required Certificates of
Bid No. 08-09-014 Page 47
Insurance shall name the types of policies provided, refer specifically to this Contract,
and state that such insurance is as required by this Contract.
7.5. The official title of the Owner is the City of Miami, Florida. This official title shall be used
in all insurance documentation.
Labor and Materials:
8.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials,
labor, water, diesel, tools, equipment, light, power, transportation and other facilities and
services necessary for the proper execution and completion of the Work, whether
temporary or permanent and whether or not incorporated or to be incorporated in the
Work.
8.2. Contractor shall at all times enforce strict discipline and good order among its employees
and subcontractors at the Project site and shall not employ on the Project any unfit
person or anyone not skilled in the work to which they are assigned.
9. General Requirements
9.1. The employee(s) of the Contractor shall be considered to be at all times its employee(s),
and not an employee(s) or agent(s) of the City or any of its departments.
9.2. The Contractor agrees that the Contractor will at all times employ, maintain and assign to
the performance of the Project a sufficient number of competent and qualified personnel
to meet the requirements of the Work to be performed. The Contractor shall have
employed at the time of bidding sufficient numbers of competent and qualified employees
to meet the requirements of the Work to be performed, and upon request by the City, the
Contractor shall provide a list of these employees.
9.3. The Contractor agrees to adjust staffing levels or to replace any staff personnel if so
ordered by the City, should the City make a determination, in its sole discretion, that said
staffing is unacceptable or that any individual is not performing in a manner consistent
with the requirements for such a position.
9.4. The Contractor represents that its staff personnel have the proper skills, training,
background, knowledge, experience, rights, authorizations, integrity, character and
licenses as necessary to perform the Work, in a competent and professional manner.
9.5. The Contractor shall at all times cooperate with the City and coordinate its respective
Work efforts to most effectively and efficiently progress the performance of the Work.
9.7. The Contractor shall be responsible for the good condition of the Work or materials until
formal release from his obligations under the terms of this Contract.
9.8. Contractor shall bear all losses resulting to him on account of the amount or character of
the Work, or the character of the ground, being different from what he anticipated.
9.9 The Contractor shall at all times conduct the Work in such manner and in such sequence
as will insure the least practicable local interference.
10 Worker's Identification
The Contractor's employees, who include any subcontractor, shall wear an identification card
provided by the Contractor. The identification card shall bear the employee's picture, name, title
and name of the employer. Failure by a Contractor's employee to wear such identification may
result in his removal from the Work until such time as the identification card is obtained and worn.
Such removal shall not act as a basis for the Contractor to submit a claim for an extension of
time.
11. Royalties and Patents:
All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material,
arrangement, appliance, or method that may be used upon or in any manner be connected with the
Bid No. 08-09-014 Page 48
construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract
for said Work.
12. Weather:
No extensions to the Contract Period will be granted for weather related delays unless by a
hurricane or other occurrences that results in the City issuing a Stop Work Order.
13. Permits. Licenses and Impact Fees:
13.1. Except as otherwise provided within the Supplemental Conditions, all permits and
licenses required by federal, state or local laws, rules and regulations necessary for the
prosecution of the Work undertaken by Contractor pursuant to this Contract shall be
secured and paid for by Contractor. It is Contractor's responsibility to have and maintain
appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for
the jurisdiction in which the Work is to be performed for all persons working on the
Project for whom a Certificate of Competency is required.
13.2. Impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor.
Contractor shall be reimbursed only for the actual amount of the impact fee levied by the
municipality as evidenced by an invoice or other acceptable documentation issued by the
municipality. Reimbursement to Contractor in no event shall include profit or overhead of
Contractor.
14. Resolution of Disputes:
14.1 To prevent all disputes and litigation, it is agreed by the parties hereto that CIP Director
shall decide ail questions, claims, difficulties and disputes of whatever nature which may
arise relative to the technical interpretation of the Contract Documents and fulfillment of
this Contract as to the character, quality, amount and value of any work done and
materials furnished, or proposed to be done or furnished under or, by reason of, the
Contract Documents and Contract Administrator's estimates and decisions upon all
claims, questions, difficulties and disputes shall be final and binding to the extent
provided in Article 14.2. Any claim, question, difficulty or dispute which cannot be
resolved by mutual agreement of City and Contractor shall be submitted to the City in
writing within twenty-one (21) calendar days. Unless a different period of time is set forth
herein, the CIP Director shall notify the Contractor in writing of PW Director's decision
within twenty-one (21) calendar days from the date of the submission of the claim,
question, difficulty or dispute, unless the CIP Director requires additional time to gather
information or allow the parties to provide additional information. All non-technical
administrative disputes shall be determined by the Contract Administrator pursuant to the
time periods provided herein. During the pendency of any dispute and after a
determination thereof, Contractor, and City shall act in good faith to mitigate any potential
damages including utilization of construction schedule changes and alternate means of
construction.
14.2. In the event the determination of a dispute under this Article is unacceptable to either
party hereto, the party objecting to the determination must notify the other party in writing
within ten (10) days of receipt of the written determination. The notice must state the
basis of the objection and must be accompanied by a statement that any Contract Value
adjustment claimed is the entire adjustment to which the objecting party has reason to
believe it is entitled to as a result of the determination. Within sixty (60) days after Final
Completion of the Work, the parties shall participate in mediation to address all objections
to any determinations hereunder and to attempt to prevent litigation. The mediator shall
be mutually agreed upon by the parties. Should any objection not be resolved in
mediation, the parties retain all their legal rights and remedies provided under State law.
A party objecting to a determination specifically waives all of its rights provided
hereunder, including its rights and remedies under State law, if said party fails to comply
in strict accordance with the requirements of this Article.
Bid No. 08-09-014 Page 49
15. Inspection of Work:
15.1. The City shall at all times have access to the Work, and Contractor shall provide
proper facilities for such access and for inspection.
15.1.1. Reexamination of any of the Work may be ordered by the City with prior written
approval by the Contract Administrator, and if so ordered, the Work must be
uncovered by Contractor. If such Work is found to be in accordance with the
Contract Documents, City shall pay the cost of reexamination and replacement
by means of a Change Order. If such Work is not in accordance with the
Contract Documents, Contractor shall pay such cost.
15.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the
provisions of the Contract Documents nor to delay the Contract by failure to inspect the
materials and work with reasonable promptness without the written permission or
instruction of the City.
15.3. The payment of any compensation, whatever may be its character or form, or the giving
of any gratuity or the granting of any favor by Contractor to any inspector, directly or
indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a
breach of this Contract.
16. Authority Of The City Project Manager
16.1. The Contract Administrator hereby authorizes the Project Manager or the to determine,
all questions of any nature whatsoever arising out of, under or in connection with, or in
any way relating to or on account of the Work, and questions as to the interpretation of
the Work to be performed.
16.2. The Contractor shall be bound by all determinations or orders of the Project Manager and
shall promptly respond to requests of the Project Manager, including the withdrawal or
modification of any previous order, and regardless of whether the Contractor agrees with
the Project Manager's determination or requests. Where requests are made orally, the
Project Manage will follow up in writing, as soon thereafter as is practicable.
16.3. The Project Manager shall have authority to act on behalf of the City to the extent
provided by the Contract, unless otherwise modified in writing by the City. All instructions
to the Contractor shall be issued in writing. All instructions to the Contractor shall be
issued through the Contract Administrator or the Project Manager .
16.4. The Project Manager shall have access to the Work Site(s) at all times. The Contractor
shall provide safe facilities for such access so the Project Manager may perform their
functions under the Contract. The Project Manager will make periodic visits to the Work
Site to become generally familiar with the progress and quality of the Work, and to
determine if the Work is proceeding in accordance with the Contract Documents.
16.5. The Project Manager will not be responsible for Work means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the
Work, and will not be responsible for the Contractor's failure to carry out the Work in
accordance with the Contract.
16.6. The Project Manager will have authority to reject Work that does not conform to the
Contract requirements. Whenever, in his or her opinion, it is considered necessary or
advisable to insure the proper implementation of the Contract. Neither The Project
Manager's authority to act under this paragraph, nor any decision made by him in good
faith either to exercise or not to exercise such authority, shall give rise to any duty or
responsibility of the Project Manager to the Contractor, any subcontractor, supplier or any
of their agents, employees, or any other person performing any of the Work.
Bid No. 08-09-014 Page 50
16.7. All interpretations and recommendations of the Project Manager shall be consistent with
the intent of the Contract.
16.8. The Project Manager will not be responsible for the acts or omissions of the Contractor,
any Sub -Contractor, or any of their agents or employees, or any other persons
performing any of the Work.
17. Superintendence and Supervision:
17.1. Contractor shall keep on the Work during its progress, a full-time competent English
speaking superintendent and any necessary assistants, all satisfactory to the City. The
superintendent shall not be changed except with the written consent of the City, unless
the superintendent proves to be unsatisfactory to Contractor and ceases to be in its
employ. The superintendent shall represent Contractor and all directions given to the
superintendent shall be as binding as if given to Contractor and will be confirmed in
writing by the City upon the written request of Contractor. Contractor shall give efficient
supervision to the Work, using its best skill and attention. The City shall be provided
telephone number(s) for the superintendent where the superintendent can be contacted
during normal working hours as well as after hours for emergencies.
17.4. If Contractor, in the course of prosecuting the Work, finds any issues or conditions
affecting the performance of the Work duty to immediately inform the Project Manager, in
writing, and the Project Manager will promptly review the same. Any Work done after
such discovery, until authorized, will be done at Contractor's sole risk.
17.5. Contractor shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform
the Work in accordance with the Contract Documents. Contractor shall be solely
responsible for the means, methods, techniques, sequences and procedures of
construction.
17.6 Contractor shall provide 24-hour a day, 7 day a week emergency contact numbers for the
superintendent and the superintendent's supervisor.
18. Methods Of Performing The Work
18.1. If, the Project Manager reasonably determines that the Work is not such as to insure its
completion within the approved schedule, or if, in the opinion of the Project Manager, the
Contractor is not proceeding with the Work diligently or expeditiously or is not performing
all or any part of the Work according to the progress schedule accepted by or determined
by the Project Manager, the Project Manager shall have the right to order the Contractor
to do either or both of the following: (1) improve its work force; and/or (2) improve its
performance in accordance with the schedule to insure completion of the Work within the
specified schedule. The Contractor shall immediately comply with such orders at no
additional cost to the City. (3) The City at its sole option may also have Work performed
by a third party contractor and deduct such cost from any monies due the Contractor.
18.2. Where materials or equipment are transported in the performance of the Work, vehicles
shall not be loaded beyond the capacity recommended by the vehicle manufacturer or
permitted by Federal, State or local law(s). When it is necessary to cross curbing or
sidewalks, protection against damage shall be provided by the Contractor and any
damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense
of the Contractor to the satisfaction of the Project Manager.
19. City's Right to Terminate Contract:
19.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the
commencement date as indicated in the Notice to Proceed, or fails to perform the Work
with sufficient workers and equipment or with sufficient materials to insure the prompt
completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected
as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to
Bid No. 08-09-014 Page 51
the accepted schedule or if Contractor shall fail to perform any material term set forth in
the Contract Documents or if Contractor shall become insolvent or be declared bankrupt,
or commit any act of bankruptcy or insolvency, or shall make an assignment for the
benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an
acceptable manner, Contract Administrator may give notice in writing to Contractor and
its Surety of such delay, neglect or default, specifying the same. If Contractor, within a
period of five (5) calendar days after such notice, shall not proceed in accordance
therewith, then City terminate the services of Contractor, exclude Contractor from the
Work Site(s) and take the prosecution of the Work out of the hands of Contractor, and
appropriate or use any or all materials and equipment on the Project site as may be
suitable and acceptable. In such case, Contractor shall not be entitled to receive any
further payment until the Work is completed. In addition City may enter into an
agreement for the completion of the Work according to the terms and provisions of the
Contract Documents, or use such other methods as in City's sole opinion shall be
required for the completion of the Work according to the terms and provisions of the
Contract Documents, or use such other methods as in City's sole opinion shall be
required for the completion of the Work in an acceptable manner. All damages, costs
and charges incurred by City, together with the costs of completing the Work, shall be
deducted from any monies due or which may become due to Contractor. In case the
damages and expenses so incurred by City shall exceed the unpaid balance, then
Contractor shall be liable and shall pay to City the amount of said excess.
19.2. If after notice of termination of Contractor's right to proceed, it is determined for any
reason that Contractor was not in default, the rights and obligations of 04 and
Contractor shall be the same as if the notice of termination had been issued pursuant to
the Termination for Convenience clause as set forth in Article 19.3 below.
19.3. This Contract may be terminated for convenience in writing by the City Manager or the
City Commission upon ten (10) days written notice to Contractor (delivered by certified
mail, return receipt requested, hand delivery or courier) of intent to terminate and the date
on which such termination becomes effective. In such case, Contractor shall be paid for
all work executed and expenses incurred prior to termination in addition to termination
settlement costs reasonably incurred by Contractor relating to commitments, which had
become firm prior to the termination. Payment shall include reasonable profit for
work/services satisfactorily performed. No payment shall be made for profit for
work/services, which have not been performed.
19.4. Upon receipt of Notice of Termination pursuant to the above, Contractor shall promptly
discontinue all affected work unless the Notice of Termination directs otherwise and
deliver or otherwise make available to City all data, drawings, specifications, reports,
estimates, summaries and such other information as may have been required by the
Contract Documents whether completed or in process.
20. Assignment:
Neither party hereto shall assign the Contract or any subcontract in whole or in part without the
written consent of the other, nor shall Contractor assign any monies due or to become due to it
hereunder, without the previous written consent of the City Commission.
21, Contractor's Use Of Work Site(s)
21.1. Limitations may be placed on the Contractor's use of the Work Site and such limitations
will be identified by the City.
21.2. The Contractor shall limit its use of the Work Site(s), so as minimize impact and
disruption to the surrounding areas and residents
21.2.1 The Contractor shall:
Bid No. 08-09-014 Page 52
22.
23
24
25
26
a. Confine operations at the Work Site to the areas permitted by the Project
Manager,- not disturb portions of the Work Site beyond the specified areas;
conform to Work Site rules and
b. Assume all responsibility for its tools, equipment and materials, including any
materials purchased for the Work, and its vehicles while performing Work for the
City and/or while parked at a City facility. The City assumes no liability for
damage to the items specified in this paragraph.
c. Access to and egress from the Work Site(s) shall be subject to the approval of
the Contract Administrator or the Project Manager
Interfering Structures and Property
Take necessary precautions to prevent damage to existing structures and property when
accessing the Work Site(s). The Contractor is solely responsible for any damage to personal,
City or other public property.
Site Investigation and Representation
23.1 The Contractor acknowledges that it has satisfied itself as to the nature and location of
the Work, the general and local conditions, particularly those bearing upon availability of
transportation, disposal, handling and storage of materials, availability of labor, water,
electric power, roads, and uncertainties of weather, the conformation and conditions at
the ground, the type of equipment and facilities needed preliminary to and during the
prosecution of the Work and all other matters which can in any way affect the Work or the
cost thereof under the Contract Documents.
23.2 The Contractor further acknowledges that he has satisfied himself as to the character,
quality, and quantity of surface and subsurface. materials to be encountered from
inspecting the site and from evaluating information derived from exploratory work that
may have been done by the City or included in the Contract Documents. Any failure by
the Contractor to acquaint himself with all the available information will not relieve him
from responsibility for properly estimating the difficulty or cost thereof under the Contract
Documents.
Contractor's Responsibility for Damages and Accidents:
24.1. Contractor shall be responsible for all materials, equipment and supplies
pertaining to the Work. The City assumes no responsibility or liability in the event any
such materials, equipment and supplies are lost, stolen, damaged or destroyed.
Accidents
The Contractor shall provide such equipment and facilities as are necessary or required, in the
case of accidents, for first aid service to person who may be injured during the Project duration.
The Contractor shall also comply with the OSHA requirements as defined in the United States
Labor Code 29 CFR 1926.50 -
In addition, the Contractor must report immediately to the Project Manager every accident to
persons or damage to property, and shall furnish in writing full information, including testimony of
witnesses regarding any and all accidents.
Safety Precautions
26.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Project. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
26.1.1. All employees on the Work Site(s) and other persons who may be affected
thereby;
Bid No. 08-09-014 Page 53
26.1.3. Other property at the Work Site(s) or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated
for removal, relocation or replacement in the course of construction.
26.2. Contractor shall designate a responsible member of its organization at the Work Site(s)
whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to City...
26.3. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders
of any public body having jurisdiction for the safety of persons or property or to protect
them from damage, injury or loss; and shall erect and maintain all necessary safeguards
for such safety and protection. Contractor shall notify owners of adjacent property and
utilities when prosecution of the work may affect them. All damage, injury or loss to any
property referred to in the Contract Documents, caused directly or indirectly, in whole or
in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any
of them or anyone for whose acts any of them may be liable, shall be remedied by
Contractor. Contractor's duties and responsibilities for the safety and protection of the
Work shall continue until such time as all the Work is completed the City has issued a
notice to City and Contractor a notice of Final Acceoptance.
26.4 Contractor must adhere to the applicable environmental protection guidelines for the
duration of the Contract. If hazardous waste materials are used, detected or generated
at any time, the Project Manager must be immediately notified of each and every
occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and
other legal requirements of public authorities (including OSHA, EPA, DERM, the City,
Miami -Dade County, State of Florida, and Florida Building Code), which bear on the
performance of the Work.
26.5. The Contractor shall take the responsibility to ensure that all Work is performed using
adequate safeguards.
26.6 If an emergency condition should develop during the Work, the Contractor must
immediately notify the Project Manager of each and every occurrence. The Contractor
should also recommend any appropriate course(s) of action to the Project Manager.
27. Warranty of Materials.-
Contractor
aterials:
Contractor warrants to City that all materials furnished under this Contract will be new unless
otherwise specified and that all of the Work will be of good quality, free from defects and in
conformance with the Contract Documents. All Work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered defective. If
required by the Project Manager, Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment. This warranty is not limited by any other provisions within the
Contract Documents.
28. Manufacturer's Instructions
28.1. The Contractor shall:
28.1.1. Comply with manufacturer's requirements for the handling, delivery and use of
all materials. Where required by the Contract Documents, Contractor shall
submit manufacturer's printed instructions and MSDS documents to the City.
28.1.2. Comply with the manufacturer's applicable instructions and recommendations
for the performance of the Work, to the extent that these instructions and
recommendations are more explicit or more stringent than requirements
indicated in the Contract.
28.1.3. Inspect materials prior to use and reject materials not meeting the
requirements of the Contract Documents.
Bid No. 08-09-014 Page 54
29. Manufacturer's Warranty
Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied,
shall be made available to the City for material and equipment covered by this Contract. All
material and equipment furnished shall be fully guaranteed by the successful Bidder against
factory defects and workmanship. At no expense to the City, the Contractor shall correct any and
all apparent and latent defects that may occur within the manufacturer's standard warranty. The
Supplemental Conditions of the Contract Documents may supersede the manufacturer's standard
warranty. Manufacturer's warranties will become effective upon final completion of the Project.
30. Defective Work:
30.1. The Project Manager shall have the authority to reject or disapprove work which the
Project Manager finds to be not in compliance with the Contract Documents. If required
by Project Manager, Contractor shall promptly either correct all defective Work.
Contractor shall bear all direct, indirect and consequential costs of such corrections
including cost of materials, equipment, and personnel.
30.2. Should Contractor fail or refuse to remove or correct any defective work or to make any
necessary repairs in accordance with the requirements of the Contract Documents within
the time indicated in writing by the Project Manager, the City shall have the authority to
cause the defective Work to be corrected, or make such repairs as may be necessary at
Contractor's expense. Any expense incurred by City in making such corrections or
repairs, shall be paid for out of any monies due or which may become due to Contractor.
In the event of failure of Contractor to make all necessary repairs promptly and fully, City
may declare Contractor in default.
31. Taxes.
Contractor shall pay all applicable sales, consumer, use and other taxes required by law.
Contractor is responsible for reviewing the pertinent state statutes involving state taxes and
complying with all requirements.
32. Subcontracts
32.1. Contractor shall not employ any subcontractor against whom City may have a reasonable
objection. Contractor shall not be required to employ any subcontractor against whom
Contractor has a reasonable objection.
32.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and
of persons directly or indirectly employed by its subcontractors and of persons for whose
acts any of them may be liable to the same extent that Contractor is responsible for the
acts and omissions of persons directly employed by it. Nothing in the Contract
Documents shall create any contractual relationship between any subcontractor and City
or any obligation on the part of City to pay or to see the payment of any monies due any
subcontractor. The City may furnish to any subcontractor evidence of amounts paid to
Contractor on account of specific Work performed.
32.3. Contractor agrees to bind specifically every subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of City.
32.4 Contractor shall complete Attachment B identifying all Sub -Contractors.
32.5. Multi -tier subcontracting is not permitted. Contractor shall not authorize subcontractors to
further subcontract any portions of the Work.
Bid No. 08-09-014 Page 55
33. Separate Contracts:
33.1. City reserves the right to let other contracts in connection with this Work. Contractor shall
afford other persons reasonable opportunity for the execution of their work and shall
properly connect and coordinate this Work with theirs.
33.3- Contractor shall conduct its operations and take all reasonable steps to coordinate the
prosecution of the Work so as to create no interference or impact on the public or
businesses.. Should such interference or impact occur, Contractor shall be for the cost of
such interference or impact.
34, Continuing the Work:
Contractor shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with City, including disputes or disagreements concerning a request for a Change
Order, a request for a change in the Contract Value or Contract Term. The Work shall not be
delayed or postponed pending resolution of any disputes or disagreements.
35. Chanqes in the Work or Terms of Contract Documents:
35.1. Without invalidating the Contract, City reserves and shall have the right, from time to time
to make such increases, decreases or other changes in the character or quantity of the
Work as may be considered necessary or desirable to complete fully and acceptably of
the Work in a satisfactory manner. Any extra or additional work within the scope of this
Contract must be accomplished by means of appropriate Field Orders or Change Orders.
35.2. Any changes to the terms of the Contract Documents must be contained in a written
document, executed by the parties hereto, with the same formality and of equal dignity
prior to the initiation of any work reflecting such change. This section shall not prohibit the
issuance of Change Orders executed only by City as hereinafter provided.
36 SuoplementalInstructions:
The Project Manager shall have the right to approve and issue Supplemental Instructions setting
forth written orders, instructions, or interpretations concerning the Contract Documents or its
performance, provided such Supplemental Instructions involve no change in the Contract Value
or the Contract Term.
37. Field Directives
The Project Manager may at times issue field directives to the Contractor based on visits to the
Project Site. Such Field Directives shall be issued in writing and the Contractor shall be required
to comply with the directive. Where the Contractor believes that the directive is outside the
Scope of the Work, the Contractor shall, within 48 hours, notify the Project Manager that the Work
is outside the Scope of the Work. At that time the Field Directive may be rescinded or the
Contractor may be required to submit a request for a change to the Contract. Where the
Contractor is notified of the City's position that the Work is within the scope and the Contractor
disagrees, the Contractor shall notify the Project Manager and the Contract Administrator that the
Contractor reserves the right to make a claim for the time and monies based on the Field
Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply
with the directive may result in a determination that the Contractor is in default of the Contract.
38. Change Orders:
38.1. Changes in the quantity or character of the Work within the scope of the Work which are
not properly the subject of Field Orders or Supplemental Instructions, including all
changes resulting in changes in the line item prices, Contract value, or the Contract
Term, -shall be authorized only by Change Orders approved in advance and issued in
accordance with the provisions of the City.
Bid No. 08-09-014 Page 56
38.2. All changes to construction contracts must be approved in advance in accordance with
the value of the Change Order or the calculated value of the time extension. All Change
Orders with a value of $25,000 or more shall be approved in advance by the City
Commission. All Change Orders with a value of less than $25,000 shall be approved in
advance by the City Manager or his designee.
38.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in
the Contract Price or Contract Time, and a Change Order has not been issued, City
reserves the right at its sole option to either terminate the Contract as it applies to the
items in question and make such arrangements as may be deemed necessary to
complete the disputed work; or submit the matter in dispute as set forth in Article 14
hereof. During the pendency of the dispute, and upon receipt of a Change Order
approved by City, Contractor shall promptly proceed with the change in the Work
involved and advise the Project Manager and Contract Administrator in writing within
seven (7) calendar days of Contractor's agreement or disagreement with the method, if
any, provided in the Change Order for determining the proposed adjustment in the line
item pricing, Contract Value or Contract Term.
38.4. Under circumstances determined necessary by City, Change Orders may be issued
unilaterally by City.
39. Value of Change Order Work:
39.1. The value of any work covered by a Change Order or of any claim for an increase or
decrease in the Contract Value shall be determined in one of the following ways:
39.1.1. By mutual acceptance of an increase or decrease in line item price(s) which
Contractor and City acknowledge contains a component for overhead and
profit.
39.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge
contains a component for overhead and profit.
39.1.3. The addition of new line item prices.
40. No Damages for Delay:
No claim for damages or any claim, other than for an extension of time, shall be made or asserted
against City by reason of any delays except as provided herein. Contractor shall not be entitled
to an increase in the Contract Value or payment or compensation of any kind from City for direct,
indirect, consequential, impact or other costs, expenses or damages, including but not limited to
costs of acceleration or inefficiency, arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance
be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable;
provided, however, that this provision shall not preclude recovery of damages by Contractor for
actual delays due solely to fraud, bad faith or active interference on the part of City.
41. Force Maieure
41.1 Should any failure to perform on the part of Contractor be due to a condition of force
majeure as that term is interpreted under Florida law, then the City may allow an
extension of time reasonably commensurate with the cause of such failure to perform or
cure.
41.2 If the Contractor is delayed in performing any obligation under this Contract due to a
force majeure condition, the Contractor shall request a revision of the schedule to the
City within two (2) working days of said force majeure occurrence. Any revision of the
schedule shall be subject to mutual agreement and shall not be cause for any claim by
the Contractor for extra compensation unless additional work is required. Do Not
Include inclement weather except as permitted by Florida law or the acts or omissions of
Sub -Contractors, etc.
Bid No. 08-09-014 Page 57
42. No Interest
Any monies not paid by City when claimed to be due to Contractor under this Agreement,
including, but not limited to, any and all claims for contract damages of any type, shall not be
subject to interest including, but not limited to prejudgment interest. However, the provisions of
Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid
and proper invoices.
43. Material Safety Data Sheets and Product Data
43.1 Contractor shall submit four copies of the Material Safety Data Sheets (MSDS) and other
of product data for all materials to be used in the performance of the Work. Each copy
must be marked to identify applicable products, and other data. Contractor shall
supplement manufacturer's standard data to provide information unique to the Work.
43.2 Contractor shall only submit only pertinent MSDSS and product data information.
Submittals shall be marked to identify pertinent products, with references to the
specifications and the Contract Documents.
43.3 The City may reject .materials to be used in the performance of the Work where the
MSDS and product data submitted result in the City determining that the materials do not
meet the requirements of the Contract
44. Stop Work Order
44.1. The City may, at any time, by written order to the Contractor, require the Contractor to
stop all, or any part, of the Work for a period of up to ninety (90) days (or any lesser
period), commencing no sooner than the date the order is delivered to the Contractor,
and for any further period to which the parties may agree. Any such order shall be
specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within
the period of ninety (90) days (or the lesser period specified) after a Stop Work Order is
delivered to the Contractor, or within any extension to which the parties have agreed the
City shall either:
43.1.1. Cancel the Stop Work Order; or
43.1.2. Terminate the Work covered by such order as provided in Article 19.3.
44.2. If a Stop Work Order issued under this Article is canceled or the period of the order or
any extension thereof expires, the Contractor shall resume the Work without
compensation
45. Cleaning Up; City's Right to Clean Up:
Contractor shall at all times keep the premises free from accumulation of waste materials or
rubbish caused by its operations. At the completion of the Work, Contractor shall remove all its
waste materials and rubbish from and about the Work Site(s) as well as its tools, equipment,
machinery and surplus materials. If Contractor fails to clean up during the prosecution of the
Work or at the completion of the Work, City may do so and the cost thereof shall be charged to
Contractor. If a dispute arises between Contractor and separate contractors as to their
responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors
responsible therefore as the City shall determine to be just.
46. Local and Minority/Women Participation Reporting
As previously stated in the Contract Documents, the City is collecting data on the participation of
local, small and minority owned business. Based on this ongoing effort the City requires that with
the submission of the first payment requisition the Contractor shall submit the report entitled.
"Local and Minority/Women Participation". Failure to submit the report may delay the issuance of
payment to the Contractor. Contractor shall submit an updated report when a subcontractor has
been added or changed.
Bid No. 08-09-014 Page 58
47. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act:
Contractor shall not unlawfully discriminate against any person in its operations and activities or
in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall
affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in
the course of providing any services funded by City, including Titles I and II of the ADA (regarding
nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and
standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in
employment against disabled persons.
Contractor's decisions regarding the delivery of services under this Agreement shall be made
without regard to or consideration of race, age, religion, color, gender, sexual orientation, national
origin, marital status, physical or mental disability, political affiliation, or any other factor which
cannot be lawfully used as a basis for service delivery.
48. Contingency Allowance
The City has established a Contingency Allowance for this Project, which shall be reflected in the
total contract sum. This allowance account is for use at the sole discretion of the City and shall
only be distributed through the issuance of a change order approved by the City. Contractor has
no entitlement to these funds as a result of the award of the Contract by the City.
49. Payment and Performance Bond
A payment and performance bond IS NOT required for this project. Refer to section 008000,
Article 4.
50. Davis Bacon Act — NOT APPLICABLE TO THIS PROJECT
51. Terms of the Contract
The successful bidder shall be required to enter into a contract with the City of Miami, which shall
include but not limited to, the following terms:
The term of the Contract shall be for an initial term of one (1) year, commencing five (5) calendar
days after Notice To Proceed. The City shall have the option to extend the Contract for four (4)
additional one (1) year term periods each by giving the Bidder at least thirty (30) days prior written
notice.
Extension of the term of the Contract beyond the initial period is an option to the City to be
exercised in its sole discretion, and which does not confer any rights.upon the Bidder, and shall
be based on availability of funding and contractor's performance.
The City shall have the right to terminate the Contract, for any reason whatsoever and at any
time, upon thirty (30) days prior notice to the bidder.
The City shall have the right to include additional locations and they shall be subject to the same
bid price amount and scope of work as described herein.
52. Pricing and Payment
Bidders shall include in their bid all taxes, insurances, social security, workman's compensation,
and any other benefits normally paid by the bidder to its employees. No overtime will be
authorized by the City which exceeds the rates quoted in this solicitation or not authorized by the
City. Payments will be made monthly, in arrears, for services rendered the previous month, upon
submission of property certified invoices and/or approved inspection reports. All such information
shall be provided to the City Engineer for his/her approval in advance of payment. The contractor
Bid No. 08-09-014 Page 59
shall pay his/her employees performing work under this contract not less than the federal
minimum wage in effect at the time of the contract.
53. Materials and Equipment
The bidder shall furnish, at his/her own expense, all equipment, materials or supplies, including
disposal fees, trash bags, oil, water, etc. necessary for completion of all the services specified in
this bid. The equipment shall include but not be limited to landscaping equipment, bucket trucks,
wood chipper, dump trucks, crane, etc. all as necessary to complete the work. The item price
must include the disposal of all debris and litter collected by the scope of this contract and no
additional compensation will be allowed. The contractor is not allowed to use the City's rights of
ways for storage of any material related to this contract.
54. Method of Award
This contract may be awarded to the two (2) lowest most responsive and responsible bidders for
all the Bid Items included in this contract, and whose bid conforms to the specifications and is
most advantageous to the City.
Award shall be based upon the pricing indicated on the Bid Form, pursuant to the Specifications.
The City may select two (2) bidders, with the lowest deemed the "primary vendor" and the next
lowest the "secondary vendor", in the order of overall lowest prices provided to the City. Should
the primary vendor not be able to provide the necessary service at the time needed or the
required work is beyond the ability or expertise of the primary vendor or the primary vendor fails
to perform as per Section 7 of the Public Works Construction Standards, the City has the option
to select the secondary vendor whom will be offered the work to complete in a timely manner.
The City additionally reserves the option to obtain quotes from either of the awarded vendor(s) for
a specific project(s) prior to the provision of the same. Should the City determined the primary
vendor's quote too high or incomplete, the City has the right to obtain a quote from the secondary
vendor, in order to obtain the required service in the most expedient manner and at the lowest
possible.
55. Additions/Deletions of Services Required
Although this contract identifies specific terms and special conditions for work, it is hereby agreed
and understood that any other services may be added/deleted to/from this contract at the option
of the City or any government agency may utilize the same terms, conditions, and pricing by
approval from the bidder. The City of Miami will not be responsible for any agency outside the
City of Miami.
When an addition to the contract is required, the successful bidder under this contract shall be
invited to submit price quotes for any new service. If the quotes are comparable with market
prices offered for similar work as described in this contract, they shall be added to the contract
whichever is in the best interest of the City of Miami and an addeddum and a separate purchase
order or change order shall be issued by the City.
56. Estimated Quantities
Engineering estimated quantities or estimated dollar value are provided for bidder's guidance
only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. The City is not obligated to place an order for any given amount subsequent to
the award of this bid. Said engineering estimate may be used by the City for purposes of
determining the low bidder meeting specifications. The City reserves the right to acquire
additional quantities at the prices bid or at lower prices.
57. Emergency / Disaster Performance
In the event of a hurricane or other emergency or disaster situation, the successful bidder(s) shall
provide the City with the commodities/services defined within the scope of work for this bid at the
price contained within his/her bid amount. Further, the successful bidder shall deliver/perform for
the City on a priority basis during such times of emergency.
Bid No. 08-09-014 Page 60
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Ola 0 Aluko, Director
Capital Improvements
I ID
FROM: John De Pazos
Capital Improvmeats
The above named project requires the following:
DATE: October 8, 2008 FILE: B -30377E
SUBJECT: Project Funding
Sidewalk Repairs & ADA 5
REFERENCES:
ENCLOSURES:
Description:
This Project Activation Form is to activate funding for the Miscellaneous
Sidewalk repairs & ADA improvements in District 5.
This project is a District Priority.
Fundin :
Funding is available from Street Bond Series 1 for this District.
JDP
cc: David Mendez, Assistant Director Capital Improvements
Gary Fabrikant, Assistant Director Capital Improvements
Yvette Maragh, CIP Administrator Capital Improvements
File