HomeMy WebLinkAboutExhibitCONTRACT
By and Between
� IIN"e iviD_1 ill
And
Maggolc, Inc.
This AGREEMENT (hereinafter "Agreement") , is made and entered into this
day of 2009, but effective as of the date stated on the Notice to
Proceed issued by the Department's Director, in accordance with the Contract Term set
forth below in Article 7 (the "Effective Date"), by and between the City of Miami, Florida,
a municipal corporation of the State of Florida, whose principal address is 444 S.W. 2nd
Avenue, 10th Floor, Miami, Florida 33130 (the "City"), and Maggolc, Inc., a Florida
corporation, whose principal address is 11020 SW 55th Street, Miami, Florida 33165,
(the "Contractor").
WITNESSETH:
WHEREAS, pursuant to Resolution No. , adopted by the Miami City
Commission on , the City Commission accepted the competitive bid
of Maggolc, Inc. for the project entitled District 2 — Sidewalk Repair, Project 11, 113-
30377B (the "Work"), and authorized the City Manager to enter into an agreement for
the Work with the Contractor for a period of up to one (1) year; and
WHEREAS, the City Commission further authorized the City Manager, or his designee,
to extend the Contract for up to four (4) additional periods of up to one (1) year each,
subject to the availability of funding and Contractor's performance;
NOW, THEREFORE, in consideration of the foregoing recitals (all of which are
adopted as an integral part of this Agreement), and the promises and covenants
contained herein, and other good and valuable consideration, the receipt of which are
hereby acknowledged, the parties hereto mutually agree as follows:
ARTICLE 1. SCOPE OF WORK: The Contractor shall furnish all labor, materials and
equipment and perform all the work in the manner and form provided by this Agreement
and the Contract Documents, attached hereto and made part hereof, for the project
entitled District 2 — Sidewalk Repair, Project 11, B -30377B for the Contract Term set forth
in Article 7 below.
PDO 46q"sYv,�
ARTICLE 2. THE CONTRACT SUM: The City 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), all as provided in
the Proposal attached hereto and other Contract Documents attached hereto as Exhibit
"C", the annual sum of Seventy Five Thousand Three Hundred Thirty Dollars ($75,330)
for fiscal year 2008-2009.
Should the City decide to exercise the available options to renew, the amounts will be
as follows:
The first option to renew in an amount not to exceed Five Thousand Three Hundred
Thirty Dollars ($75,330) for fiscal year 2009-2010.
The second option to renew in an amount not to exceed Five Thousand Three Hundred
Thirty Dollars ($75,330) for fiscal year 2010-2011.
The third option to renew in an amount not to exceed Five Thousand Three Hundred
Thirty Dollars ($75,330) for fiscal year 2011-2012.
The fourth and final option to renew in an amount not to exceed Five Thousand Three
Hundred Thirty Dollars ($75,330) for fiscal year 2012-2013.
ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with the provisions
fully set forth in the "General Conditions" of the "Specifications" in the Proposal
attached hereto, and subject to additions and deductions as provided, the City shall pay
the Contractor as follows:
(a) On or before the 10th day of each calendar month, the City shall make partial
payments to the Contractor on the basis of the estimate of work performed by the
Contractor during the preceding calendar month, duly certified and approved by the
City's Project Manager.
(b) Upon submission by the Contractor of evidence satisfactory to the City that all
payrolls, material bills and other costs incurred by the Contractor in connection with the
construction of the work have been paid in full, and also, after all guarantees that may
be required in the Specifications or by the Contractor have been furnished and are
found acceptable by the City, final payment on account of this Agreement shall be made
within sixty (60) days after completion by the Contractor of all work covered by this
Agreement and acceptance of such work by the City.
ARTICLE 4. TIME OF COMPLETION: The Contractor shall commence the
work to be performed under this Agreement and the Contract Documents within the
number of consecutive days after the date of written notice from the Director of the
Department of Public Works to begin work as noted in the Proposal, and shall fully
complete the Contract Scope of Work in accordance with this Agreement and the
Contract Documents within the number of calendar days as set forth in the Proposal.
2
It is mutually agreed between the parties hereto, that time is of the essence of this
Agreement, and, in the event that construction of the work is not completed within the
time herein specified, it is agreed that from the compensation otherwise to be paid to
the Contractor, the City may retain for each day thereafter, Sundays and holidays
included, that the work remains uncompleted, the sum set forth in the General
Conditions of the Specifications, as modified by Division 2 - Special Provisions, which
sum represents the actual damage(s) which the City of Miami, Florida, will have
sustained per day by failure of the Contractor to complete the work within the time
stipulated, and this sum is not a penalty, but will be the liquidated damage(s) that City
will have sustained in event of such default by the Contractor.
ARTICLE 5. ADDITIONAL BOND: It is further mutually agreed between the
parties hereto, that if, at any time after the execution of this Agreement and the
Performance Bond hereto attached and incorporated herein as Attachment "A", when
required for its faithful performance, the City shall deem the surety or sureties upon
such bond to be unsatisfactory, or if, for any reason, in the opinion of the Engineer; such
bond ceases to be adequate to cover the performance of the work, the Contractor shall,
at his expense, within five (5) days after receipt of notice from the Engineer so to do,
furnish an additional bond or bonds in such form and amount, and with such surety or
sureties as shall be satisfactory to the City. In such event, no further payment to the
Contractor shall be deemed to be due under this Agreement until such new or additional
security for the faithful performance of the work shall be furnished in manner and form
satisfactory to the City.
ARTICLE 6. CONTRACT DOCUMENTS: All of the documents hereinafter
listed form the Contract and they are as fully as part of the Contract as if attached to this
Agreement, or repeated in this Agreement:
ADVERTISEMENT FOR BIDS
PROPOSAL
BID BOND
CONTRACT
PERFORMANCE BOND — Not applicable for projects under $200,000.
MAINTENANCE PERFORMANCE BOND
INSTRUCTIONS TO BIDDERS
GENERAL CONDITIONS
SPECIFICATIONS
ADDENDA
PLANS: N/A
As prepared by Estevez
Entitled: B -30377B
3
ARTICLE 7. THE CONTRACT TERM: The original Contract Term is for a period of up
to one (1) year (365 calendar days) effective on the date specified on the Notice to
Proceed issued by the Department's Director.
ARTICLE 8. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on
the availability of funds and continued authorization for project activities and is subject
to amendment or termination due to lack of funds, reduction of funds, and/or change in
regulations, upon thirty (30) days written notice.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on
the day and year first above written in five (5) counterparts, each of which shall, without
proof or accounting for the other counterparts, be deemed an original contract*.
WITNESS: (If Corporation,
attach Seal and Attest by Secretary)
Print Name:
Corporate Secretary
(SEAL)
ATTEST:
Priscilla A. Thompson
City Clerk
RESOLUTION NO.
CONTRACTOR:
Maggolc, Inc.
A Florida Corporation
Party of the second part
BY:
Print Name
Print Title:
(Employer Tax I.D. Number)
THE CITY OF MIAMI, FLORIDA,
a municipal corporation,
Party of the first part
Pedro G. Hernandez, P.E.
City Manager
BECAUSE CONTRACTOR IS A CORPORATION, THERE SHALL BE ATTACHED TO EACH
COUNTERPART AS ATTACHMENT `B" A CERTIFIED COPY OF A RESOLUTION OF THE BOARD
OF DIRECTORS OF THE CORPORATION, AUTHORIZING THE OFFICER WHO SIGNS THE
CONTRACT TO DO SO ON ITS BEHALF.
Cl
APPROVED AS TO
ENGINEERING:
Stephanie N. Grindell, P.E.
Director, Public Works
APPROVED AS TO FORM AND
CORRECTNESS
Julie O. Bru
City Attorney
101
APPROVED AS TO INSURANCE
REQUIREMENTS:
LeeAnn Brehm, Director
Risk Management
ATTACHMENT A
Payment and Performance Bond
ATTACHMENT B
CORPORATE RESOLUTION
WHEREAS, desires to enter into an
agreement with the City of Miami for the purpose of performing the work described in
the contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has
considered the matter in accordance with the By -Laws of the -corporation;
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS that the
(type title of officer)
(type name of officer)
is hereby authorized
and instructed to enter into a contract, in the name and on behalf of this corporation,
with the City of Miami upon the terms contained in the proposed contract to which this
resolution is attached and to execute the corresponding performance bond.
DATED this day of , 20
Corporate Secretary
(Corporate Seal)
Chairperson of the Board of Directors
7
ATTACHMENT C
OTHER CONTRACT DOCUMENTS
00400. PROPOSAL BID FORM: (Page lof 9) Firm's Name: IM(5C OLC ic�G
Submitted on: d/ / � 2—/0 9
Date /
City of Miami, Florida
Office of the City Clerk
City Hall, 1" Floor
3500 Pan American Drive
Miami, Florida 33133-5504
The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are
named herein and that no person other than herein mentioned has any interest in this bid or in the
Contract to be entered into; that this bid is made without connection with any other person, firm, or parties
making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself fully of all
conditions pertaining to the place where the Work is to be done; that it has examined the Contract
Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below;
and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid
Guaranty; and all other required information with the bid; and that this bid is submitted voluntarily and
willingly.
The Bidder agrees, if this bid is accepted, to contract with the City, a State of Florida municipal
corporation, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary
materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to
construct and complete within the time limits specified the Work covered by the Contract Documents for
the Project entitled:
Bid No: 08-09-008
Title: District 2 — Sidewalk Repair Project II, B -30377B
The Bidder also agrees to furnish the required Certificate(s) of Insurance.
The undersigned further agrees that the bid guaranty accompanying the bid shall be forfeited if Bidder
fails to execute said Contract, or fails to furnish the required Certificate(s) of Insurance within fifteen (15)
calendar days after being notified of the award of the Contract.
In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected
by the City. In the event of a discrepancy between the price bid in figures and the price bid in words, the
price in words shall govern. Bidder agrees that any unit price listed in the bid is to be multiplied by the
stated quantity requirements in order to arrive at the total. In case of an error in the extension of prices,
the numerical unit price will govern.
Bid No. 08-09-008 Page 17
00400. PROPOSAL BID FORM: (Page 2 of 9)
Note: Bidders are bidding on a total bid cost basis for the purpose of determining the lowest
responsive and responsible bidder. However, Bidders will be paid based on the line item
breakdown, contained in the Bid Form, with payments based on actual work performed. Bidders
must submit bid prices for all items. Failure to bid on all items will result in the bid being rejected
as non-responsive. The City will award a Contract to the lowest responsive responsible Bidder
based on any of the Combined Bid Price stated below. Refer to Section 01000 — Supplemental
Conditions.
Our items and lump sum bid prices include the total cost for the work specified in this bid, consisting of
furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required, in
accordance with the Bid Specifications.
TOTAL BID: The sum of items 1 -through 18
based on a one (1) year completion time
s °7
- -74-Z00 v4c� 7 g e :, +O C ct o lei Q �'S
Written Amount
##*#****#*###**##*#*#**#*##****##*#####*######*###*####*#*#*##****#**#
Note to Bidders:
The City reserves the right to reject any and all bids.
The one year completion time shall be the total time for whichever bid arrangement is awarded by the
City. And the City may opt to renew (OTR) the Contract for four (4) additional one (1) year term pending
on the availability of funding and the contractor's performance.
Bid No. 08-09-008 Page 18
00400. PROPOSAL BID FORM: (Page 314 of 9)
DIRECTIONS: COMPLETE PART I OR PART 11, WHICHEVER APPLIES, AND PART III.
Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid:
Addendum No. 1, Dated
Addendum No. 2, Dated
Addendum No. 3; Dated
Addendum No. 4, Dated
Part II: Y No addendum was received in connection with this Bid.
Part III; Certifications
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall
comply with all the stated requirements.
1. Affirmative Action Plan
Successful bidder(s) shall establish an Affirmative Action Plan or an Affirmative Action Policy
pursuant to Ordinance #10062 as amended. Effective date of implementation must be indicated on
the policy: and
2. First Source Hiring
Bidder certifies that (s)he has read and understood the provisions of City of Miami Ordinance No.
10032, pertaining to the implementation of a "First Source Hiring Agreement". Evaluation of bidder's
responsiveness to Ordinance No. 10032 may be a consideration in the award of a contract.
Violations of this Ordinance may be considered cause for annulment of a contract between the
successful bidder and the City of Miami; and
3. Non -Collusion
Bidder certifies that the only persons interested in this Bid are named herein; that no other person has
any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without
connection or arrangement with any other person; and
4. Drug Free Workplace
The undersigned Bidder hereby certifies that it will provide a drug-free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the Bidder's workplace, and
specifying the actions that will be taken against employees for violations of such prohibition;
Bid No. 08-09-008 Page 19
00400. PROPOSAL BID FORM: (Page 5 of 9)
(2) Establishing a continuing drug-free awareness program to inform its employees about.
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
(3) Giving all employees engaged in performance of the Contract a copy of the statement required
by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a
condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a
violation occurring in the workplace no later than five (5) calendar days after such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such. conviction.
The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction,
taking one of the following actions with respect to an employee who is convicted of a drug abuse
violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including termination;
or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health, law
enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug-free workplace program through implementation
of subparagraphs(1) through (6); and
5. Lobbying
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid, or .will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
Bid No. 08-09-008 Page 20
00400. PROPOSAL BID FORM: (Page 6 of 9)
(2)lf any funds other than Federal appropriated funds have been paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative- agreement, the undersigned shall complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) This undersigned shall require that the language of this certification be included in the award
documents for "Ali" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under
grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a pre -requisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
* Note: in these instances, "All' in the Final Rule is expected to be clarified to show that it
applies to covered contract/grant transactions over $100,000 (per QMB).
6. Debarment. Suspension and Other Responsibility Matters
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
b. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or falsification
or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civily charged by a government entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b of
this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder
shall submit an explanation to the City of Miami.
Bid No. 08-09-008 1Page 21
00400. PROPOSAL BID FORM: (Page 7 of 9)
Attached is a Bid Bond [✓], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ],
Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ]
No. Bank of for the sum of
Dollars ($ ).
The Bidder shall acknowledge this bid and certifies to the above stated in Part Ili and IV by signing and
completing the spaces provided below.
Firm's NAe:A UAGCOLT' Ti0 .
Signatu
Printed
City/Sta
Telephc
Facsimile No.7V--¢7Z � b 3/ E -Mail Address: _),�16ggaOLC (Fu&f4,�d,
Social Security U /
No. or Federal Dun and
I.D.No.:_Zr'jS']'-J Bradstreet No.:.
(if applicable)
If a partnership, names and addresses of partners:
Bid No. 08-09-008 Page 22
00400. PROPOSAL BID FORM: (Page 8 of 9)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I H�REBY CERTIFY that at a meeting of the Board of Directors of
Gt G J7 c-Jci , a corporation organized and existing under the laws of the State
ofr��, �_, held on the -1 day off, � res utio was duly passed and adopted
authorizing (Name) /��/�n rL/--C��___e� zikas (Title) � of the corporation to execute
bids on behalf of the orporatior-and providing that his/her execution thereof, attested by the secretary of the
corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in
full force and effect.
IN WITNESS HE I have hereunto set my hand this _1Z, day of dl4 / 200.
Print:
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a partnership organized and existing under the laws of the State
of held on the _day of a resolution was duly passed and adopted
authorizing (Name) as (Title) of the to execute bids on behalf of
the partnership and provides that his/her execution thereof, attested by a partner, shall be the official act and deed of
the partnership.
I further certify that said partnership agreement remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Partner.
Print:
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint venturers must submit a joint venture agreement indicating that the person signing this bid is
authorized to sign bid documents on behalf of the joint venture. If there is no joint venture agreement each member
of the joint venture .must sign the bid and .submit the appropriate Certificate of Authority (corporate, partnership, or
individual).
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a)
(If Applicable) have executed and am bound by the terms of the bid
to which this attestation is attached.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of 20.
Signed:
Print:
Bid No. 08-09-ODB Page 23
00400. PROPOSAL BID FORM: (Page 9 of 9)
NOTARIZATION
STATE OF
) SS-
COUN0 ,
Th egoing in rument was acknowledged before me this day ofrld2129_ by
who is personally known to me or who as produced
as identification and who (did / did not) take an oath.
Sr5*ATtrRE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
A
?ye-n :
Gustavo it 3�93
�z 6'
'�� af.c E�Pu 98 10, 2009
R ON NO IA FY, Co
m
Bid No. 08-09-008 Page 24
ATTACHMENT B
SCOPE OF WORK
SUB -CONTRACTORS
Contractor shall identify below all Sub -Contractors. Categories shall be added as necessary. If
no Subcontractors are to be used, insert the word "Self' in the spaces under "Name of
Subcontractor".
SUBCONTRACTOR'S
COUNTY -MUNICIPAL
NAME OF OCCUPATIONAL
TYPE OF WORK SUB -CONTRACTORS LICENSE NUMBER
1. Landscapinq/Planting
2. Sidewalk/ Concrete Work x� .
3.
4.
5.
6
7.
Bid No. 08-09-008 Page 25
Bid No. 08-09-008 Page 26A
00402 Commissioner District 2 - Sidewalk Repair Project II
Item
Cost per Unit
P
Total Cost=
Units *Item
Line
Pay Item Description
Item
quantity
Cost
No.
Units
Quantit
1
5,000 sq. ft. of standard 4 -inch concrete sidewalk, more or less, including tree root and branch trimming,
5,000
Square feet_
Ot
$ 7 Jn
tree root removal and restoration of the area.
per sq, ft.
2
1,000 sq. ft. of standard 6 -inch concrete sidewalk/ driveway, more or less, including tree trimming, tree root
1,000
Square feet
$ �, s�
crd
$ 4,s'�
removal and restoration of the area.
3Square
6,000 sq. ft. of concrete sidewalk removal (concrete or asphalt), more or less, at any location.
6,000
feet
$ 1,2-0
QO
$ 71 24D .
4
100 lin. ft. of standard or depressed concrete curb or concrete curb and gutter; more or less, including
100
Linear feet
$ 2-5-
Oo
$
removal of existing curb or curb and gutter, and including adjacent pavement restoration, if necessary, as
5
per Misc. 35-85-22.
Remove and dispose of ten (10) tree stump, including roots, any size if necessary, at any location
10
Each
$ 7- 61:57. da
$01000. O -C
6
Provide and install 5, more or less, water meter boxes located in sidewalk to be replaced, at any location
5
Each
$ 00. c�
$ �' QZV• 0�
7
100 sq. yd. of 1- inch thick Type "S -III" asphaltic concrete surface course including bituminous tack coat, as
100
Square
$ C� , ':V -C7$
/
Q�
/
noted in these specifications.
yard
8
100 sq. yd. of 8- inch thick compacted limerock base with primer oil surface including necessary clearing
100
Square
$ 00
$ kcvQ 0"17
and grading, as noted in these specifications.
yard
I
9
Install 50 square feet of St. Augustine Solid Sod in place, if necessary, including planting soil, grading,
50
Square
$ , 60
$ 30- dd
leveling of the swale area and top dressing.
feet
10
100 sq. ft. of standard 6 -inch concrete driveway approach, more or less, including removal of existing
the
100
Square
$ ��
Cid
�� ✓
concrete/asphalt driveway approach, tree trimming, tree root removal and restoration of area at any
feet
$
citywide location.
Provide and install 5, more or less, traffic signal pull boxes located in sidewalk to be replaced, if necessary,
5
Each
$
$
11
12
at any cit ide location.
500 sq. ft., more or less, of 6 -inch thick base preparation for locations where there are no existing
500
Square
Feet
$ / SO
lW
$ 9CK�. 0-0sidewalks,
including clearing and grading, new fill material, compaction and leveling of the area, etc.
13 100 sq. ft. of removal, more or less, of existing asphalt, concrete or sod at swale areas, clearing and
grading to 6 -inches lower than face of sidewalk/ curb including survey work for new elevations, installing
100
Square
$ 00
�'
$ �d .�
new 6 -inch thick base preparation with appropriate fill material, compaction and leveling of the valley .
feet
drainage area, etc., in order to properly adjust rain water flow into existing catch basins as per Misc. 35-85-
27.
14
1,000 sq. ft. of standard 4 -inch concrete handicap ramp, including removal of existing concrete/asphalt
1,000
Square
$
$
ramp, sod, etc., clearing and grading, tree trimming, tree root removal, new fill material, compaction and
feet
leveling of the area, etc. all as per Misc. 35-85-22C.
Bid No. 08-09-008 Page 26A
�= 7 S 3 30,
Bid No. 08-09-008 Page 26D
00402 Commissioner District 2 — Sidewalk Repair Project II
Item
Cost per Unit
Total Cost=
Line
Pay Item Description
Item
quantity
Units "Item
No.
Page 2
Units
Quantit
Cost
15
Removal and resetting 2,000 sq. ft. of existing standard brick pavers, including removal of existing bricks,
U'U
reworking the sandy base, adding new sand, etc., clearing and grading, tree trimming, tree root removal,
2000
Square
OZ7
$ / Oma
new fill material, compaction and leveling of the area, etc. and resetting the existing bricks in same area, at
feet
anv location citywide.
16
1,000 sq. ft. of new standard brick pavers installation including removal of existing broken bricks,
reworking the sandy base, adding new sand, etc., clearing and grading, tree trimming, tree root removal,
Square
G ��
Ord
1000
$
$��
new fill material, compaction,
and leveling of the area, utility rim border, etc., and installing new brick
feet
avers, at any location citywide.
17
1,000 lin. ft. of typical 4'x4', more or less, 6"x12" concrete planter/header for those locations where the
planters/headers are damaged or non existing and located where the brick sidewalk will be installed/ reset
1,000
Linear feet
$ �` 00
�1
$ /` -,
including clearing and grading, tree trimming, tree root removal, new fill material, compaction and leveling
of the area, etc. at any location cit ide.
18
Special Provisions
$5,000.00
�= 7 S 3 30,
Bid No. 08-09-008 Page 26D
00410. SID BOND FORM. (Page 1 of 3)
State of Florida )
County of Dade) SS
City of Miami )
KNC'rlfd ALL PERSONS BY THESE PRESENTS, that
Developers Surety and Indemnity Company
NIAGGULC, INC. as Principat, —
as Surety, are held and fumly,
Five Percent of Amount Bid
bound unto The City of Miami, in the penal sum of Dollars + $ 5p�° ) lawful
money of the united Sfa es, for the payment of which sum weV and truly to be made, we bind ourselves,
our heirs, executors, administrators and successors, joirdy and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the
accompanying bid, dated
January 13th 20 09 fon
District 2 –Sidewalk Repair Projact tt, B-3037713, Bid No. 0$-09-008.
NOW THEREFORE:
(a) If the principal shall not withdraw said bid within ninety (9C) days after date of opening the same,
and shall within ten (10) days after the prescribed forms are presented to him for signature, enter
into a written contract with the City, in accordance with the bid as -accepted, and give bond with
good and sufficient Surety or Sureties, as may be required, for the faithful performance and
proper futftilment of such contract, or,
(b) In the event it the withdrawal of said bid within the period specified, or the failure to enter into
such contract and give such bond within the time specified, if the principal shall pay the City the
difference between the amount specified In said bid and the amount for which the City may
procure the required work and supplies, if the latter amount be in excess of the former, then the
above obligation shall be void and of no effect, otherwise to remain in full force and virtue.
Bid No. 03-09-408 POP 27
00410. BID BOND FORM (Page 2 of 3)
IN WITNESS WHEREOF, the above bound parties have executed this instrument under
their several seats, this I3th day of January - A D., XW 2009
the name and corporate seat of each party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
WITNESS: (If Sale Ownership, PRINCIPAL:
Partnership, or Joint Venture,
two (2) Vsfitnesses are required.
If Corporation, Secretary
only will attest and affix seal.)
( - MAGGOLC, INC,
' (Name of
Af`ix
Seal
See Attached Power of Attorney
Surety Secretary
(Signe of autho
(ms's. U-) s�
J
(Business rens} �! 6
City Stated Zip
Developers Surety and indemnity Company
Affix
Seal
Attorney -in -Fact and Florida Resident Agent
(Tal
150 S. Pine Island Road, Ste 510
(Business Address)
Plantation FL 33324
city . State Zi�p
Brown and Brown of Florida, Inc.
- (Name of Local insurancaA ency)
8000 Governors Square Boulevard, Ste 00, Miami Lakes FL 33416
Address
305-354-7800
Telephone Number
Bid No. W-09-408 Page 28
00410. BID BOND FDRM (Page 3 of 3)
CERTIFICATE AS TO GORPORATE PRINCIPAL
certify that yarn the $�retary of the
Corporation named 'Principal in the within bond; that (r�Gh�, cz� of said
corporation; that I know his signature, and the signature heretc4s genuine; and thaf said bond was duly
signed, sealed and attested for and in behalf of said corporation by authority of its governing body.
l =-11�1&(Corpor-at-- Sea(} -
STATE OF FLORIDA )
COUNTY OF DADS } SS
City OF MIAMI )
Before me, a Notary Public duly commissioned, and qualified, personally
appeared Michael Bonet to me well known, who bei t� me first duly sworn
upon oath, says that he/she is the attorney-in-fact for th eveiopers Slavery an de Wiry Company and that
he/she has been authorized bypeveioperssurety and indemnity Com ecute the foregoing bond on behalf of
the Contractor named therein in favor of The City of Miami, Fide.
Subscribed and sworn to before me this 1
INSTRUCTIONS, Bid Bonds
must be accompanied by
a Power of Attorney, in
compliance with
Instructions to Bidders -
of A D., 20 09.
Public, State of Florida at
Carmen E. Piliot, AAI
My Commisslion Exp'
October, 90th, Lrl1
Bid No. 08-09-008 Page 24
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW AL L MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, do each, hereby make, constitute and appoint:
*** Antonio Arias, Michael Bonet, Michael A. Holmes, jointly or severally ***
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents,
are hereby rafified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURE T Y
ANC INDEMNITY COMPANY, effective as of January 1st, 2008.
RESOLVED, that the chairman of the Board, the President and any Vice Pfesident of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship, and that the Secretary or
any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney:
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such
Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which I, is attached.
IN WITNESS WHEREOF, DEVELOPERS SJRE T Y AND INDEMNITY COMPANY have severally caused these presents to be signed by their respective Vice President and attested by
their respective Assistant Secretary this January 1st, 2D08.
By:
On January 1st 2008 before me, Christopher J. Roach, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Stephen T. Pate and Charles L. Day
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/shelthey executed the same in hislher/their authorized
CK,zRST0PHEff3 J ROACH capactty(ies), and that by his/her/their signature(S) on the instrument the person(s), or the entity upon behalf of
74539 which the person(s) acted, executed the instrument.
NOTARY PURR CAl..Ft3MA p 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
ORANGE COUN7Y N true and correct.
.My c nm. sDpk s May 19, 21311
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Ch erJ.Roach
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attomey remains in full
force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in
force as of the date of this Certificate. i
This Certificate is executed in the City of Irvine, California, the 13 day of January , . 2009
By:
Al411ebmnd,
ID -1 438(Wet)(Rev.1 0111)
Stephen T. Pate, Senior Vice President
yJQo PGR,Qr`-
:o F:y'
f3CT
By_=o=.
: UJ 10
1936
Charles L. Day, Assistant
;--0
a .
:?�� • / * �
State of California
County of Orange
On January 1st 2008 before me, Christopher J. Roach, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Stephen T. Pate and Charles L. Day
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/shelthey executed the same in hislher/their authorized
CK,zRST0PHEff3 J ROACH capactty(ies), and that by his/her/their signature(S) on the instrument the person(s), or the entity upon behalf of
74539 which the person(s) acted, executed the instrument.
NOTARY PURR CAl..Ft3MA p 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
ORANGE COUN7Y N true and correct.
.My c nm. sDpk s May 19, 21311
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Ch erJ.Roach
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attomey remains in full
force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in
force as of the date of this Certificate. i
This Certificate is executed in the City of Irvine, California, the 13 day of January , . 2009
By:
Al411ebmnd,
ID -1 438(Wet)(Rev.1 0111)
OF
i
INVITATION TO BID NO. 08-09-008
W" Wru
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, January 13, 2009 for
the project entitled:
DISTRICT 2 - SIDEWALK REPAIR PROJECT II
B -30377B
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,
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 2 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 and Bid Bond are 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 December 1, 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. 08-09-008 Page 5
00100. GENERAL INSTRUCTIONS TO BIDDERS:
General: The following instructions and those set forth in Section 00300 herein are given for the
purpose of guiding Bidders in properly preparing their bids. Such instructions have equal force
and weight with other portions of the Contract Documents and strict compliance is required with
all the provisions contained in the instructions. Bidders shall note that various paragraphs within
these bid documents have a [ X ] box which may be checked. If the box is checked, the language
is made a part of the bid documents and compliance therewith is required of the Bidder; if the box
is not checked, the language is not made a part of the bid documents. For additional information,
please refer to the Public Works Department — STANDARD CONTRACT DOCUMENTS AND
SPECIFICATIONS FOR PUBLIC WORKS PROJECTS.
A. Scope of Work: The Work specified in the Contract Documents consists of furnishing all labor,
machinery, tools, and means of transportation, supplies, equipment, materials, and services
necessary to perform the following 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,
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.
Additional information to the Scope of Work and or supporting documents is found herein and in
Attachment A of the Contract Documents and Section 00800.
B. Location of Work: The project is located in the Commissioner District 2 Area. Priority locations
will be given by Engineer at the pre -construction meeting or as the work progresses.
C. Contract Term: The contract term is for a one (1) year term period with an option to renew for four
(4) — one (1) year additional periods. The option to renew is pending on funding availability and .
contractor's performance.
D. Performance Bond: A Performance and Payment Bond is required for this contract.
E. Bid Bond: A Bid Bond is required for this contract.
Bid No. 08-09-008 Page 7
00200. DEFINITIONS.
Definitions: Whenever the foliowing terms or pronouns in place of them appear in the Public
Works Department — STANDARD CONTRACT DOCUMENTS AND SPECIFICATIONS FOR
PUBLIC WORKS PROJECTS, the intent and meaning shall be interpreted as follows:
1.1. Bidder means any individual, firm, incorporated or unincorporated business entity, or
corporation submitting a bid for this Project, acting directly or through a duly
authorized representative.
1.2. Change Order means a written document ordering a change in the Contract Price or
Contract Time or a material change in the Work. A change order must comply with the
Contract Documents and the Procurement Ordinance of the City.
1.3. City means the City of Miami, a Florida municipal corporation, having its principal
offices at 444 SW 2nd Ave., Miami, Florida 33130, which is a party hereto and /or for
which this Contract is to be performed. In all respects hereunder, City's performance
is pursuant to City's position as the owner. In the event City exercises its regulatory
authority as a governmental body, the exercise of such regulatory authority and the
enforcement of any rules, regulations, laws and ordinances shall be deemed to have
occurred pursuant to City's regulatory authority as a governmental body and shall not
be attributable in any manner to City as a party to this Contract.
1.4. City Commission means the governing and legislative body of the City
1.5. City Manager means the Chief Administrative Officer of the City.
1.6. Contract means the part or section of the Contract Documents addressing some of the
rights and duties of the parties hereto, including but not limited to contract time and
liquidated damages.
1.7. Contract Documents Clarification: means any request for additional information or
clarification, pursuant to the Cone of Silence, must be received in writing no later than
ten (10) calendar days prior to bid opening. Bidders may fax or mail their requests
to the attention of Stephanie N. Grindell, P.E., Director of Public Worls, 444 S.W. 2nd
Avenue, 8'h Floor, Miami, Florida 33130. The facsimile number is (305) 416-1278.
1.8.. Contract Administrator means the individual appointed by the City Manager who shall
be the City's authorized representative to coordinate, direct, and review on behalf of
the City, all matters related to the Project. The Contract Administrator for this Project is
the Director, Department of Public Works.
1.9. Contract Documents means the Invitation to Bid, specifications, the Notice for Bids,
Addenda, if any, the Bid Form, the record of the award by the City Commission, the
Performance Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed,
the Purchase Order, Change Orders, Field Orders, Supplemental Instructions, and
any additional documents the submission of which is required by the Contract
Documents, are the documents which are collectively referred to as the Contract
Documents.
1.10. Contract Value means the original amount established in the bid submittal and award
by the City, as may be amended by an eligible and authorized Change Order.
1.11. Contract Period means the original time between commencement and expiration,
including any the exercising of any options to renew, established in Article 2 of the
Contract, as may be amended by Change Order.
1.12. Contractor means the person, firm, or corporation with whom the City has contracted
and who is responsible for the acceptable performance of the Work and for the
payment of all legal debts pertaining to the Work. All references in the Contract
Documents to third parties under contract or control of Contractor shall be deemed to
be a reference to Contractor.
Bid No. 08-09-008 Page 9
1.13. Field Order means a written order which orders minor changes in the Work but which
does not involve a change in the Contract Price.
1.14 Contract Period means the approved set time to complete the project as per bid
proposal by set working days.
1.15. inspector means an authorized representative of the City assigned to make necessary
inspections of materials furnished by Contractor and of the Work performed by
Contractor.
1.16. Materials means materials incorporated in this Project, or used or consumed in the
performance of the Work.
1.17. Notice(s) to Proceed means written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described in the Contract
Documents.
1.18. Program Manager means the City employee designated by the Contract Administrator
to provide day to day management of the Project.
1.19. Contract Commencement Date means the date upon which the Contract Period
commences.
1.20. Working Day: Refer to Public Works Department — STANDARD CONTRACT
DOCUMENTS AND SPECIFICATIONS FOR PUBLIC WORKS PROJECTS.
1.21. Subcontractor means a person, firm or corporation having a direct contract with
Contractor including one who furnishes material worked to a special design according
to the Contract Documents, but does not include one who merely furnishes Materials
not so worked.
1.22. Surety means the surety company or individual, authorized to transact surety services
in the State of Florida, which is bound by the performance bond and payment bond
with and for Contractor who is primarily liable, and which surety company or individual
is responsible for Contractor's satisfactory performance of the work under the contract
and for the payment of all debts pertaining thereto in accordance with Section 255.05,
Florida Statutes.
1.23. Work means the complete maintenance repair and installation required by the
Contract Documents, whether completed or partially completed, and includes all other
labor, materials, equipment and services provided or to be provided by Contractor to
fulfill Contractor's obligations.
Bid No. 08-09-008 Page 9
00300. INSTRUCTIONS TO BIDDERS:
Examination of Contract Documents and Site(s): It is the responsibility of each Bidder before
submitting a Bid, to:
1.1. Examine the Contract Documents thoroughly,
1.2. Visit the location site(s) or structure(s) to become familiar with conditions that may
affect costs, progress, performance or furnishing of the Work,
1.3. Take into account federal, state and local (City and Miami -Dade County including,
without limitation the City Purchasing Ordinance and Florida Building Code ) laws,
regulations, ordinances that may affect costs, progress, performance, furnishing of the
Work, or award,
1.4. Study and carefully correlate Bidder's observations with the Contract Documents, and
1.5. Carefully review the Contract Documents and notify City of all conflicts, errors or
discrepancies in the Contract Documents of which Bidder knows or reasonably should
have known.
The submission of a Bid shall constitute an incontrovertible representation by Bidder/Proposer
that Bidder/Proposer has complied with the above requirements and that without exception, the
Bid is premised upon performing and furnishing the Work required by the Contract Documents
and that the Contract Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing of the Work.
2. Pre -Bid Interpretations: Only questions answered by written Addenda will be binding. Oral and
other interpretations or claCi cations will be without legal binding effect. All questions about the
meaning or intent of the Contract Documents are to be directed to the Public Works Director, 444
SW 2"d Avenue, 8th Floor, Miami, Florida 33130. Requests for clarification or interpretation may
also be sent via faxcimile to (305) 416- 1278 to the Public Woks Director. Interpretations or
clarifications considered necessary by the City's Public Works Department in response to such
questions will be issued by City by means of Addenda mailed or faxed to all parties recorded by
the City's Pubic Works Department as having received the Bidding Documents. A copy of such
response will be forwarded to the City Clerk's Office. Written questions should be received no
less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no
obligation on the part of City to respond to questions received less than ten (10) calendar days
prior to bid opening.
3. Submitting Bids: All bids must be received in duplicate by the City of Miami, City Clerk's office
located at City Hall, First Floor, 3500 Pan American Drive, Miami, Florida 33133, before the time
and date specified for bid opening, enclosed in a sealed manila envelope, legibly marked on the
outside:
BID NO.: 08-09-008 -
BID FOR: District 2 — Sidewalk Repair Project II, B -30377B
4. Printed Form of Bid: All bids must be made upon the blank City of Miami Bid Form provided
herein and must give the price in strict accordance with the instructions thereon. The bid must be
signed and acknowledged by the Bidder in accordance with the directions on the bid form. Please
refer to the Public Works Department — STANDARD CONTRACT DOCUMENTS AND
SPECIFICATIONS FOR PUBLIC WORKS PROJECTS, Instructions to Bidders, Section 1.
5. Bid Guaranty: All bids shall be accompanied by either an original bid bond executed by a Surety
meeting the qualifications as specified in Section 6 of the Public Works Department —
STANDARD CONTRACT DOCUMENTS AND SPECIFICATIONS FOR PUBLIC WORKS
PROJECTS, Instructions to Bidders, or by cash, money order, certified check, cashier's check,
Unconditional/Irrevocable Letter of Credit (Form 00410), treasurer's check or bank draft of any
national or state bank (United States), in the amount of 5% of the total bid amount, payable to
City of Miami, Florida, and conditioned upon the successful Bidder executing the Contract and
Bid No. 08-09-008 Page 10
providing the required Performance Bond and Payment Bond and evidence of required insurance
within fifteen (15) calendar days after notification of award of the Contract. A PERSONAL
CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID
SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami as liquidated
damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute
the Contract, and provide the required Performance Bond. The Bidder Awarded this contract will
be required to provide a Performance and Payment Bond and Certificate(s) of Insurance, within
fifteen (15) calendar days after notification of the award of the Contract. The .time for execution of
the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of
Insurance may be extended by the City's Capital Improvements and Transportation Department
for good cause shown. Bid Securities of the unsuccessful Bidders will be returned after award of
Contract_
6. Acceptance or Rejection of Bids: The City reserves the right to reject any or all bids prior to
award. Refer to the Public Works Department — STANDARD CONTRACT DOCUMENTS AND
SPECIFICATIONS FOR PUBLIC WORKS PROJECTS, Section 8.
7. Determination of Award: Except where the City reserves the right to reject any or all bids and
subject to other applicable restrictions. The City Commission shall award the contract to the
lowest responsive and responsible bidder. Bidders are bidding on a lump sum, not to exceed
basis for the purpose of determining the lowest responsive and responsible bidders. However,
Bidders will be paid based on the line item breakdown, contained in the Bid Form, with payments
based on actual work performed.
The City in its sole discretion reserves the right to award any or all portions of the Bid, in a
manner that is in the best interest of the City.
In determining the lowest responsive and responsible bidder, in addition to price, there shall be
considered the following:
The ability, capacity and skill of the bidder to perform the Contract.
Whether the bidder can perform the Contract within the time specified, without delay
or interference.
C. The character, integrity, reputation, judgment, experience and efficiency of the bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and ordinances relating
to the Contract.
The City reserves the right to reject any bid where the line item pricing is determined to be
unbalanced. Such determination will be made at the sole discretion of the City.
Evaluation: An interim performance evaluation of the Contractor may be submitted during
construction of the Project. A final performance evaluation shall be submitted when the Request
for Final Payment to the Contractor is forwarded for approval. The City of Miami shall provide a
copy to the Contractor. Such performance evaluation(s) will be combined with any previous and
future performance evaluations to determine a Contractors performance rating which will be used
by the City as a factor in considering the responsibility of the Contractor for future bids with the
C ity.
Contract Price: The Contract Value is to include the furnishing of all labor, materials, overhead
expense and profit, equipment including tools, services, permit fees, applicable taxes, overhead
and profit for the completion of the Work except as may be otherwise expressly provided in the
Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit
price or lump sum price shall be included in the Contract unit price or lump sum price to which the
item(s) is most applicable. No additional compensation will be allowed.
Bid No. 08-09-008 Page 11
10. Postponement of Date for Presenting and Opening of Bids: The City reserves the right to
postpone the date for receipt and opening of bids and will make a reasonable effort to give at
least five (5) calendar days notice of any such postponement to each prospective Bidder.
11. Qualifications of Bidders: Bids shall be considered only from firms normally engaged in
performing the type of work specified within the Contract Documents. Bidder must have
adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service
to City.
in determining a Bidder's responsibility and ability to perform the Contract, City has the right to
investigate and request information concerning the financial condition, experience record,
personnel, equipment, facilities, principal business location and organization of the Bidder, the
Bidder's record with environmental regulations, and the claims/litigation history of the Bidder.
12. Addenda and Modifications: The City shall make reasonable efforts to issue addenda within five
(5) calendar days prior to bid opening. All addenda and other modifications made prior to the
time and date of bid opening shall be issued as separate documents identified as changes to the
Contract.
13. Occupational Health and Safety: in compliance with Chapter 442, Florida Statutes, any toxic
substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of
this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained
from the manufacturer. The MSDS must include the following information:
13.1. The chemical name and the common name of the substance.
13.2. The hazards or other risks in the use of the substance, including:
13.2.1. The potential for fire, explosion, corrosion, and reaction;
13.2.2. The known acute and chronic health effects of risks from exposure,
including the medical conditions which are generally recognized as being
aggravated by exposure to the substance; and
13.2.3. The primary routes of entry and symptoms of overexposure.
13.3. The proper precautions, handling practices, necessary personal protective equipment,
and other safety precautions in the use of or exposure to the substances, including
appropriate emergency treatment in case of overexposure.
13.4. The emergency procedure for spills, fire, disposal, and first aid.
13.5. A description in lay terms of the known specific potential health risks posed by the
substance intended to alert any person reading this information.
13.6. The year and month, if available, that the information was compiled and the name,
address, and emergency telephone number of the manufacturer responsible for
preparing the information.
14. Environmental Regulations: The City reserves the right to consider a Bidder's history of citations
and/or violations of environmental regulations in investigating a Bidder's responsibility, and further
reserves the right to declare a Bidder not responsible if the history of violations warrant such
determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all
citations and/or violations, notices and dispositions thereof. The non -submission of any such
documentation shall be deemed to be an affirmation by the Bidder that there are no citations or
violations. Bidder shall notify the City immediately of notice of any citation or violation which
Bidder may receive after the Bid opening date and during the time of performance of any contract
awarded to it.
15. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the
Contract Documents including plans and specifications by reference to manufacturers' or
vendors' names, trade names, catalog numbers, or otherwise, City, will have made its best efforts
to name at least three (3) such references. Any such reference is intended merely to establish a
Bid No. 08-09-008 Page 12
standard; and, unless it is followed by the words "no substitution is permitted" because of
form, fit, function and quality, any material, article, or equipment of other manufacturers and
vendors which will perform or serve the requirements of the general design will be considered
equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion
of the City, equal in substance, quality and function.
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PUBLIC WORKS
DEPARTMENT.
16. Protested Solicitation Award: Any actual or prospective contractual party who feels aggrieved in
connection with the solicitation or award of a contract may protest in writing to the Director of
Purchasing/Chief Procurement Officer who shall have the authority, subject to the approval of the
City Manager and the City Attorney, to settle and resolve a protest with final approval by the City
Commission. Bidders are alerted to Section 18-103 of the City's Code describing the protest
procedures. Protests failing to meet the requirements for filing shall NOT be accepted. Failure of
a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO
EXCEPTIONS.
17. Financial Stability and Strength: The bidder must be able to demonstrate a good record of
performance and have sufficient financial resources to ensure that they can satisfactorily provide
the goods and/or services required herein.
Bidders/Proposers shall submit financial statements for each of their last two complete fiscal
years within ten (10) calendar days, upon written request. Such statements should include, as a
minimum, balance sheets (statements of financial position) and statements of profit and loss
(statement of net income). When the bid submittal is from a Joint Venture, each Bidder/Proposer
involved in the Joint Venture must submit financial statements as indicated above.
Any Bidder/Proposer who, at the time of bid submission, is involved in an ongoing bankruptcy as
a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver
has been appointed over all or a substantial portion of the property of the Bidder/Proposer under
federal bankruptcy law or any state insolvency, may be declared non-responsive.
18. Local, Small, and Disadvantaged Firm Participation: The City strongly encourages
Bidders/Proposers to secure the participation of small businesses, Community Small Business
Enterprises (CSBE), and/or Disadvantaged Business Enterprises (DBE) that are currently
registered with and/or certified by other governmental agencies within Florida, such as under
programs in effect for the Florida Department of Transportation, Miami -Dade or Broward
Counties, and the Miami Dade County Public Schools. Similarly, the City also strongly
encourages Bidders/Proposers to secure the participation of firms located within the City's
jurisdictional limits. Forms are provided for this purpose.
19. Minority /Women Procurement Program: Ordinance No. 10062, as amended, entitled the Minority
and Women Business Affairs and Procurement Ordinance of the City of Miami, Florida, sets forth
"...a goal of awarding at least 51 percent of the City's total annual dollar volume of all
expenditures for all goods and services to Black, Hispanic and Women minority business
enterprises on an equal basis_" A minority business enterprise is defined as a business firm "...in
which at least 51 percent of said enterprise is owned by Blacks, Hispanics, or Women and whose
management and daily business operations are controlled by one or more Blacks, Hispanics or
Women."
The City has established a voluntary goal of 5% Black, Hispanic and/or Female participation by
City of Miami certified Minority Women Business Enterprise (M/WBE) owned firms for this Project.
The various ways the City encourages that the 5% goal can be met is: (1) by having the prime
contractor, the General Contractor or General Engineering Contractor, become a City of Miami
certified MNWBE firm, or (2) the prime contractor, if not a City of Miami certified M/WBE firm, to
reach out to City of Miami certified M/WBE firms to subcontract Work in the specific trades of
mechanical, electrical and paving. The City encourages to meet the M/WBE goal by:
The prime contractor, in this case, a licensed State of Florida General Contractor
or Miami Dade County Certified General Engineering Contractor, combining any
Bid No. 08-09-008 Page 13
of the sub -trades (mechanical, electrical, paving) adding up to 5% of the
subcontracting Work.
NOTE: Bidders are reminded that a contractor certified as a City of Miami
m/WBE firm will be considered meeting this goal without reaching out to City of
Miami certified M/WBE firms for the sub -trades.
Successful bidder(s) shall be required to have an Affirmative Action Plan, if not; an Affirmative
Action Policy shall be established, pursuant to Ordinance #10062 as amended. Effective date of
implementation must be indicated on the policy.
Minority and women -owned business firms are encouraged, but not required, to register with the
City prior to submitting bids. The Purchasing Department, Minority/Women Business Affairs
Office, will provide the necessary forms and instructions upon request. All bidders are urged 10
submit bids for any goods or services that they are able to supply, regardless of minority
classification. However, compliance with all requests for information regarding Minority/Women
Status or Participation is required. Bidder's cooperation is greatly needed to aid the City in
achieving its goal. Bidders may contact this Office at (305) 416-1913 for information. The city
encourages to meet the M/WBE 30% goal by combining any of the sub -trades (concrete
and paving) adding up to 30% of the subcontracting work.
20. First Source Hiring Agreements:
Section 18-110 of the City Code states:
(a) The City commission approves implementation of the first -source hiring agreement policy
and requires as a condition precedent to the execution of service contracts for facilities, services,
and/or receipt of grants and loans, for projects of a nature that create new jobs, the successful
negotiation of first source hiring agreements between the organization or individual receiving said
contract and the Authorized Representative unless such an agreement is found infeasible by the
City Manager and such finding approved by the City commission at a public hearing.
b) For the purpose of this section, the following terms, phrases, words and their derivations
shall have the following meanings:
Authorized Representative means the Private Industry Council of South Florida/South Florida
Employment and Training Consortium, or its successor as local recipient of federal and state
training and employment funds.
Facilities means all publicly financed projects, including but without limitation, unified
development projects, municipal public works, and municipal improvements to the extent they are
financed through public money or services or the use of publicly owned property
Grants and loans means, without limitation, urban development action grants (UDAG), economic
development agency construction loans, loans from Miami Capital Development, Incorporated,
and all federal and state grants administered by the City
Service contracts means contracts for the procurement of services by the City which include
professional services.
Services include, without limitation, public works improvements, facilities, professional services,
commodities, supplies, materials and equipment.
(c) The Authorized Representative shall negotiate each first source hiring agreement
(d) The primary beneficiaries of the first -source hiring agreement shall be participants of the
City training and employment programs, and other residents of the City.
Bidders/Proposers are strongly encouraged to identify opportunities to hire qualified City
residents if a contract is awarded, and are expected to secure the cooperation of subcontractors
in this effort as well. Approved community agencies are available to assist with recruitment and
screening of job applicants, and may periodically monitor contractors' employment records during
the term of the contract. Resident job applicants are not expected to receive special
Bid No. 08-09-008 Page 14
consideration by the prospective employer, and must meet all hiring requirements normally
imposed by the employer. During the term of the Contract, if awarded, the City may require the
Contractor and its subcontractors to periodically review its manpower needs and resubmit First
Source Hiring forms.
21. Documentation of Community Participation Benefits
Proposers/Bidders shall document all efforts to obtain participation goals for the above
Community Participation Benefits under the Contract as follows:
• Securing the participation of local firms, M/WBEs, CSBEs and/or DBEs as
Subcontractor, or major supplier for the Contractor and identifying each within the
submittal (bid/proposal/qualifications), along with the corresponding level of
participation as a percentage of total Contract compensation or dollar value
• For M/WBEs, CSBEs and/or DBEs, submitting copies of applicable registrations or
certifications from the issuing governmental agency as part of the submittal
(bid/proposal/qualifications). Only registrations that are in effect at the time of the
submittal deadline will be considered.
• For local firms, submit the Local Office Affidavit form and occupational license
• For City resident hiring, execute and submit the First Source Hiring Compliance
affidavit identifying all potential employment opportunities becoming available as a
result of the Contract, if awarded.
22. Cone of Silence: Pursuant to Section 18-74 of the City of Miami Ordinance No. 12271, a "Cone of
Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the
time the City Manager issues -a written recommendation to the Miami City Commission. The
Cone of Silence shall be applicable only to Contracts for the provision of goods and services and
public works or improvements for amounts greater than $200,000. The Cone of Silencerop hibits
any communication regarding RFPs, RFQs, RFLI or IFB (bids) between, among others:
• Potential vendors, service providers, bidders, lobbyists or Consultants and the City's
professional staff including, but not limited to, the City Manager and the City
Manager's staff, the Mayor, City Commissioners, or their respective staffs;
• the Mayor, City Commissioners or their respective staffs and the City's professional
staff including, but not limited to, the City Manager and the City Manager's staff;
• potential vendors, service providers, bidders, lobbyist or Consultants, any member of
the City's professional staff, the Mayor, City Commissioners or their respective staffs
and any member of the respective selection/evaluation committee
The provision does not apply to, among other communications:
• oral communications with the City purchasing staff regarding Minority/Women
Business Enterprise (M/WBE) and local vendor outreach programs, provided the
communication is limited strictly to matters of process or procedure already contained
in the solicitation document;
• the provisions of the Cone of Silence do not apply to oral communications at duly
noticed site visits/inspections, pre -proposal or pre-bid conferences, oral presentations
before selection/evaluation committees, contract negotiations during any duly noticed
public meeting, or public presentations made to the Miami City Commission during a
duly noticed public meeting; or `
• Communications in writing or by email at any time with any City employee, official or
member of the City Commission unless specifically prohibited by the applicable RFP,
RFQ or bid documents.
Bid No. 08-09-008 Page 15
Communications in connection with the collection of industry comments or the
performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by
City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City
Clerk, which shall be made available to any person upon request. The City shall respond in
writing and file a copy with the Office of the City Clerk, which shall be made available to any
person upon request. Written communications may be in the form of e-mail, with a copy to the
Office of the City Clerk at Marcia(a)ci.miami.fl.us.
In addition to any other penalties provided by law, violation of the Cone of Silence by any
proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer,
Offeror, Respondent, lobbyist or Consultant shall subject same to potential debarment pursuant
to the City Code. Any person having personal knowledge of a violation of these provisions shall
report such violation to the State Attorney and/or may file a complaint with the Ethics
Commission. Proposers or bidders should reference Section 18-74 of the City of Miami
Ordinance No. 12271 for further clarification.
This language is only a summary of the key provisions of the Cone of Silence. Please review City
of Miami Ordinance No. 12271 for a complete and thorough description of the Cone of Silence.
You may contact the City Clerk at (305)-250-5360, to obtain a copy of same.
23. Public Entity Crime: A person or affiliate who has been placed on the convicted Proposer list
following a conviction for a public entity crime may not submit a proposal on a contract to provide
any goods or services to a public entity, may not submit a Response on a contract with a public
entity for the construction or repair of a public building or public work's project, may not submit a
response on a lease of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or Consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount provided in Section
287.017 of Florida Statutes for Category Two for a period of 36 months from the date of being
placed on the convicted Bidder / Proposer list.
24. Commodities manufactured grown or produced in the City of Miami. Miami -Dade County and
the State of Florida: Whenever two or more competitive sealed bids are received, one or more of
which relates to commodities manufactured, grown, or produced within the City of Miami, Miami -
Dade County and the State of Florida, and whenever all things stated in such received bids are
equal with respect to price, quality, and service, the commodities manufactured, grown, or
produced within the City of Miami, Miami -Dade County and the State of Florida shall be given
preference.
Bid No. 08-09-008 Page 16
00800. GENERAL CONDITIONS:
Contract Documents:
1.1. The Contract Documents includes any Scope of Work and technical specifications
attached hereto.
12. 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 City:
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.
cceptance:
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.
The maintenance plan must be updated to reflect any changes and
submitted for approval to the Contract Administrator of any changes.
Approval 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.
4. Performance Bond and Payment Bond:
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. 08-09-008 Page 56
5.
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.
urety:
5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand
Dollars ($500,000.00):
5.1 A. 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 .... 11
2,000,001 to 5,000,000 A Class ... III
Bid No. 08-09-008 Page 57
N
7
5,000,001 to 10,000,000
A
Class
...IV
10,000,001 to25,D00,000
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. 08-09-008 Page 58
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.
[ ] 7.1.2.6. 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.
[ ] 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. 08-09-008 Page 59
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
j ] 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:
w Commercial General Liability
,&Business 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
j 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. 08-09-008 Page 60
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.
8. 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.
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:
Ali 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. 08-09-008 page 61
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 focal 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 shaff 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 all 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. 08-09-008 Page 62
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. 08-09-008 Page 63
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 isnot 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 parry 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. 08-09-008 Page 64
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 City 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. 08-09-008 Page 65
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
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.
Access to and egress from the Work Site(s) shall be subject to the approval of
the Contract Administrator or the Project Manager
22. Interfering Structures and Property
Take necessary precautions to prevent damage tc 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.
23 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.
24. Contractor's ResponsibilitV for Damages and Accidents.-
24.1.
ccidents:
24.1. Contractor shall be responsible for al( 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.
25. 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.
26. 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. 08-09-008 Page 66
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 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. 08-09-008 Page 67
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. 08-09-008 Page 68
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. Changes 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 Supplemental Instructions:
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 Meld 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. 08-09-008 Page 69
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 Majeure
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. 08-09-008 Page 70
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.
ither: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. 08-09-008 Page 71
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 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 Pavment
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
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.
Bid No. 08-09-008 Page 72
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. 08-09-008 Page 73
01000 SUPPLEMENTAL CONDITIONS
01001 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,
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. All work to be as specified and/or shown on the Engineering
Standards.
For this Contract in which specific sites are not identified at the time of bidding, the City of Miami
Public Works will issue a Task Work Order. This Contract may require several Task Work Orders
of which the total sum shall not exceed the contract amount as specified in this Contract
Document. The Task Work Order may be issued with the Notice to Proceed. The specific limits
and identification of work elements shall be specified in the individual Task Work Order. The Task
Work Order will identify the priority locations that will have minimum of ten (10) requests
outstanding locations at which the Contractor shall respond and begin work. The Contractor will
be expected to respond and begin work within five (5) working days is identified in the Task Work
Order upon the receipt of the Task Work Order received in person, by fax, or by certified mail. All
work locations will be described with direct address or streets and avenue that will allow the
Contractor to proceed immediately to the location with minimum delay. The City of Miami Public
Works will make every reasonable effort to pian work location and develop Task Work Order
documents in systematic and concentrated regions as to minimize the Contractor's travel
requirements.
1.1- LOCATION
The project is located at locations inside the City Commission District 2.
1.2- PAYMENT ITEM SPECIFICATIONS DETAILS
Any work not specifically mentioned in the payment Items listed in the Proposal, but
indicated on the Plans and/or Specifications, shall be considered as incidental to one or
more of the payment Items, and no claim for additional compensation will be allowed.
Item 18: Special Provisions — To provide a fund for contingent work described below, the
Contractor shall include in his Proposal the Cash Allowance Sum of Five Thousand Dollars
($5,000.00). These funds shall be used to pay for the following when not provided for in the
Specifications or in another Item of the Proposal.
A. The necessary adjustments or relocation of Miami -Dade owned water mains only
as directed by the Engineer.
8. The adjustments, removal or reconstruction of any City -owned structures not
specifically mentioned in the Specifications.
C. Other unforeseen surface or underground adjustments or additional work not
included in the Specifications.
D. Uniformed Police*
"Provision for Item "D" is further specified in this Division under UNIFORMED
POLICE.
Bid No. 08-09-007 Page 74
The amount of such construction adjustments, services and/or work are
estimates only and shall be done only as directed by the Engineer, who shall
approve all charges which will be paid for from the respective portion of the
Provisions for Special Items. Any portion of said Allowance not used will be
withheld from Contract Payments. The Contractor is referred to Section 3-2 of
the General Conditions.
01002. QUALITY ASSURANCE
2.1 All landscaping contractor, subcontractor, or any and their employees engage in any type
of landscaping installation, care or maintenance must be directed and supervised by a
certified landscape contractor. This will require a landscape professional or a competent
superintendent (in the field at all times).
2.2 All Work shall be performed using superior maintenance standards and techniques.
01003. ENVIRONMENTAL PROTECTION
Contractor shall comply with Chapter 17, Environmental Preservation of Miami City Code, and
City Ordinance 12636. Any violation of this Code the contractor will be sole responsible for the
damages and no additional charges will be allowed.
01004. CODE COMPLIANCE
All Work shall comply with the South Florida Building Code, City of Miami Code, and Miami -Dade
County Code. Contractor shall comply with the requirements of Section 114 of the Clean Air Act
and Section 308 of the Federal Water Pollution Control Act as well as any other requirements
specified in the Contract Documents.
01005. PROPER EQUIPMENT AND OPERATION
The contractor shall comply with the National Environmental Policy Act (NEPA) and Noise Control
regulation, local and The City Code.
01006. EXCAVATION PERMIT
The Department of Public Works will issue a "no -fee" excavation permit for this project.
The Contractor will be required to obtain the "no -fee" excavation permit from the Roadway/ Plans
Development Section of the Department of Public Works prior to the start of any construction.
01007. ROOT GUARD
Shade trees planted within the public right-of—way and within close proximity of sidewalks or
curbs will require roof barriers, i.e., sections of metal pipe or root deflectors under the product
name of "Root Solutions", or approved equal.
Bid No. 08-09-008 Page 75
01008. PLANTING— See attached Division 2A.
01009. SOODING —See attached Division 2B.
01010 CONSTRUCTION SIGN
The signs shall be constructed of 4'x8'x3/4" exterior plywood, suitably mounted, and readable at
eye level. The colors to be used are white and blue. Specifically; the background shall be white;
all lettering shall be blue Helvetica. All paints shall be rated outdoor enamel. The "City of Miami"
seal will be supplied by the Department of Public Works in decal form. The cost of these signs
shall be considered as incidental to one or more of the bid items and no additional compensation
will be allowed.
01011 REVISIONS TO DIVISION 4- CONSTRUCTION METHODS (Cont.)
(D) Sidewalk and Curb and Gutter Construction. To Section 408-1, add the
following:
The construction of concrete sidewalk shall be separate and distinct
from the construction of concrete curb or curb and gutter. "No
monolithic pour of concrete for sidewalk and curb or curb and gutter
combined shall be allowed."
01012 CONSTRUCTION SCHEDULE
Prior to the start of any work, the Contractor and the City Engineer will identify the locations of
construction in the field.
The Task Work Order of services shall be completed within the indicated duration as specified in
Contract Documents and Task Work Order. Furthermore, the sum of the all Task Work Order
durations shall not exceed the Contract Duration.
01013 . PROVIDING ACCESS TO RESIDENCES AND BUSINESS ESTABLISHMENTS
During construction of the improvement, safe access shall be provided by the Contractor to the
entrance of all residences and business establishments. Methods to be used shall be determined
by the Contractor with the approval of the Engineer.
Deliveries and loading to each business must be provided at all times, including convenient
customer pick up and the ability to allow delivery access by trolley, hand truck or other wheeled
delivery system.
01014 RESPONSIBILITY OF THE CONTRACTOR (Additional to Section 7.2 in the General
Conditions)
The Contractor shall schedule his work in such a manner and provide the proper supervision
so as to cause the minimum of conflict or delay to the work of utility companies working
within the area.
The Contractor will be held responsible for any delay in time and/or damage to existing
structures, foundations, utilities, or other existing features because of omission or neglect by
himself or his employees. Any property damage by his operations shall be replaced to its
original condition at no extra cost to the City. The City of Miami Public Works will be the
Bid No. 08-D9-DD8 Page 76
mediator in all such cases wherein the Contractors or the utility companies are in dispute
concerning lost time or property damages.
The Contractor shall abide by these judgments and decisions in all cases. If the contractor's
performance of this contract is delayed by acts of the City or other subcontractors, suppliers and
contractors, material men, architects and/or engineers, the contractor may request an extension
of time from the City in writing within twenty days of the event by which the delay occurred, but
the contractor shall not be entitled to an increase in the contract price or claims or damages
because of the delay or because of any acceleration in its work.
Until the City of Miami Public Works acceptance of the work, take charge and custody of the
work, and take every necessary precaution against injury or damage to the work by the action of
the elements or from any other cause whatsoever, arising either from the execution or from the
nonexecution of the work. Rebuild, repair, restore, and make good, without additional expense to
the City of Miami Public Works, all injury or damage to any portion of the work occasioned by an
of the above cause before its completion and acceptance, except that in case of extensive or
catastrophic damage, the City of Miami Public Works may, at its discretion, reimburse the
Contractor for the repair of such damage due to unforeseeable causes beyond the control of and
without the fault or negligence of the Contractor, including but not restricted to Acts of God, of the
public enemy, or of governmental authorities.
01015 EXISTING UNDERGROUND STRUCTURES
The Contractor must contact the various utility companies to obtain the location of the existing
underground utilities prior to beginning any excavation work. (See Special Provision 2.31)
Caution shall be exercised by the Contractor in grading operations as some existing underground
utilities have a minimum cover. The Contractor shall be responsible for replacing any
underground facility broken or dislocated during construction for which sufficient underground
information has been provided by the utility companies.
Any sanitary sewer lines, laterals or storm sewer fines damaged during sidewalk construction
shall be repaired at the Contractor's expense.
01016 CLEAN-UP OF CONSTRUCTION AREA
Upon completion of construction, the project site shall be cleaned to the satisfaction of the
Engineer. All trash and other construction debris shall be removed from the job site at no
additional expense to the City.
01017 DEFACING OF NEW AND EXISTING CONCRETE AND PAVEMENT
It shall be the Contractor's responsibility to preserve the condition of existing and newly
constructed concrete sidewalk, curb and/or gutter and pavement. Any damaged pavement or
concrete defaced with sticks, nails, footprints, etc., shall be replaced at the Contractor's expense.
01018 STORAGE AREA.
There is no City property in this area available for use as a storage yard for this improvement.
The Contractor shall provide his own storage site.
01019 ADJUSTMENTS BEHIND PROPERTY LINES
Adjustments to approach walks and driveways on private property shall be made at a slope no
greater than 1:12. Adjustments to existing ground on private property shall be sodded and made
Bid No. 08-09-008 Page 77
at a slope no greater than 1:3. All adjustments of driveways and walks shall be of a matching
type. All costs for adjustments on private property shall be included in items 1 and 2 and no
additional compensation will be allowed_
01020 UNDERGROUND UTILITIES NOTIFICATION CENTER
The Contractor is alerted that underground utilities exist in the vicinity of the proposed work and
that he should notify the Sunshine State One Call of Florida for utility location before Excavation
at their toll free number 1-800-432-4770 at least 48 hours prior to digging, for utilities verification
in the field. In addition to this, the Contractor shall also notify the Florida Power & Light
Company for verification of their utilities.
01021 SAFETY
The contractor is alerted that the State of Florida has adopted the "Trench Safety Act" for the
purpose of incorporating current OSHA trench safety standards into municipal construction
projects. The basic safety requirements are as follows:
Excavating and Trenching
a. Before opening any excavation, efforts shall be made (including utility company
contact) to determine if there are underground utility installations in the area,
and they shall be located and supported during the excavation operations.
b. The walls and faces of trenches 5 feet or more deep and all excavations in
which employees are exposed to danger from moving ground or cave-in shall be
guarded by a shoring system, sloping of the ground, or some other
equivalent means.
C. In excavations which employees may be required to enter, excavated or other
material shall be effectively stored and retained at least 2 feet or more from the
edge of the excavation.
d. Daily inspections of excavations shall be made by a competent person. If
evidence of possible cave-ins or slides is apparent, all work in the excavation
shall cease until the necessary precautions have been taken to safeguard the
employees.
e. Trenches 4 feet deep or more shall have an adequate means of exit such as
ladders or steps, located so as to require no more than 25 feet of lateral travel.
Head Protection
a. Head protection equipment (helmets) shall be worn in areas where there is a
possible danger of head injuries from impact, flying objects or electrical shock
and burns.
b. Helmets for protection against impact and penetration of falling and flying
objects shall meet the requirements of ANSI Z89.1-1969.
C. Helmets for protection against electrical shock and burns shall meet the
requirements of ANSI Z89.2-1971.
A separate bid item for the cost of compliance with the Trench Safety Act has not been included
in the proposal for this project. However, the cost of compliance shall be included in other
portions of the work and no additional compensation will be allowed.
Bid No. 08-09-008 Page 78
01022 SIDEWALK REPLACEMENT PROCEDURES
The Contractor shall furnish all labor, materials, equipment, tools and related work required
to complete the sidewalk replacement work described below, including concrete removal. All
work must be completed in accordance with the contract documents and specifications for
Public Work Projects Section 408:
1. Sidewalk repair consist of sawcut to the nearest marking, 5 ft intervals, removal of the
concrete sidewalk, compacting the sub base and base, forming, placing the concrete,
finishing, marking and applying curing compound all as indicated in Section 408.
2. Remove all roots to a depth of 12 inches below the bottom of the sidewalk and prune
trees endangered by extensive root pruning. (Limb pruning shall be accomplished prior
to root pruning). All pruning shall be accomplished by an experienced landscape
contractor.
2. Replace and reset water meter boxes uplifted or broken within sidewalks that are to be
replaced. Boxes will be supplied by Miami -Dade Water & Sewer Authority.
1 Restore private property, including sod, blocks, bricks, tile, concrete, etc., to transition
to the new sidewalk elevation or to repair damage which occurred during the
sidewalk replacement work.
4 Restore all parkways and all sprinkler systems or water connections broken or
disturbed during the sidewalk replacement work.
5. Replace driveway approaches, in kind, within public right of way, that have been
uplifted by tree roots.
6. Saw cut flags of sidewalk before removal to prevent damage to adjacent flags.
7. Flags of sidewalk that are not included in this contract for replacement that are
damaged by the contractor's operation and/or negligence are to be replaced at the
contractor's expense.
8. Fill all form holes with sand when forms are removed from new sidewalk.
9. Any utilities that are damaged by the contractor's operation and that were properly
located and marked by the respective utility companies, shall be repaired or replaced at
the contractor's expense.
10. The Contractor shall schedule removal of driveway and sidewalk to minimize disruption
of property owner's access to his property.
11. The amount of open area (where sidewalk has been removed but not repaired) shall be
limited to an area less than or equal to the amount of sidewalk the Contractor can pour
in three working days.
12. Concrete for driveway sidewalk shall be poured within one day of the existing sidewalk
removal. The Contractor may saw cut and crack existing driveway sidewalk but leave it
in place until removal, if the driveway is still satisfactory for vehicular use.
All costs for sidewalk replacement work shall be included in and paid for under the bid item
for 4 -inch or 6 -inch sidewalk as listed in the Proposal and no additional compensation will be
allowed.
Bid No. 08-09-008 Page 79
For Task Orders and Hurricane recovery work related to sidewalk, curb, and C&G, the pay
items identified in the bid proposal shall be use and the scope of work for each item shall be
the same. No additional compensation will be allowed for providing emergency services to
the City during Hurricane Recovery work.
01023 EXPLANATION OF CURB AND GUTTER REPLACEMENT ITEM
The bid item listed in the Proposal for new concrete curb or curb and gutter shall include all labor,
materials and equipment necessary for the removal of the existing curb or curb and gutter, saw
cutting the existing sidewalk and/or pavement to facilitate removal of the concrete and asphalt,
installation of the new concrete curb or curb and gutter, and reconstruction of a two (2) -foot wide
strip of pavement adjacent to the new curb or curb and gutter. No additional compensation for
extra saw cutting will be allowed. No additional compensation will be allowed for repairing damage
to the existing pavement beyond the aforesaid two (2) -foot strip.
The work included for Hurricane related curb, sidewalk and curb and gutter damage shall include
the sawcutting of one (1) foot away from each side of the damaged section, or to the nearest non -
damaged expansion joint, removal and disposal of rubble and materials, tree root trimming,
clearing of the base, compacting the base and installing new concrete curb, sidewalk, brick
sidewalk, curb and gutter to equal or better condition as before the hurricane damage. No
additional compensation will be allowed for hurricane repair damage to the existing sidewalk, curb
and curb and gutter. Hurricane related work shall be priced as per bid prices in the bid proposal
01024 EXPLANATION OF HANDICAP RAMP ITEM
The bid item listed in the Proposal for new concrete handicap ramp shall include all labor,
materials and equipment necessary for the removal of the existing concrete/asphalt handicap
ramp, saw cutting the existing sidewalk and/or pavement to facilitate removal of the
concrete/asphalt ramp, and installation of the new concrete handicap ramp as per Misc. 35-85-
22C, including reconstruction of a two (2) -foot wide strip of pavement adjacent to the new work. No
additional compensation for extra saw cutting will be allowed, and installation of an approved
detectable warning system (yellow tiles). No additional compensation will be allowed for repairing
damage to the existing pavement beyond the aforesaid two (2) -foot strip.
01025 ASPHALT PRIME COAT COVER SAND
Cover sand for lime rock base prime coat shall be hot asphalt coated prior to application.
01026 ASPHALTIC CONCRETE DESIGN MIX
The Asphaltic concrete surface course shall be 1 -inch thick, Type "S -III", as submitted by the local
asphalt suppliers and approved by the Engineer.
Asphaltic concrete mix for surface courses shall meet the requirements of Florida Department of
Transportation Specifications for Type "S -III", Asphaltic Concrete, Section 331-1 through Section
331-5. All new design mixes shall be submitted to the Department of Public Works for approval of
the Engineer.
01027 DUST PREVENTION
The Contractor is alerted to Division 4 - Construction Methods, Section 400-11 pertaining to Dust
Prevention.
The City intents to enforce this section to a greater degree than on past projects and if necessary
will limit the number of manhole sections constructed prior to resurfacing. The Engineer shall have
the authority to require the Contractor to remove the dust from the street by mechanical means
Bid No. 08-09-008 Page 80
after the temporary patch has been placed, increase the frequency of water spraying and reroute
equipment bringing in backfill and/or removing excess material or supplies necessary for
construction.
01028 DISCHARGE OF EXCAVATION WASTE WATER, EROSION AND SEDIMENT CONTROL
FOR CONSTRUCTION SITES
The Bidder is alerted that strict compliance with Department of Public Works Bulletin No. 25 is
required for this project. This bulletin establishes rules, regulations and requirements for
discharge originated from construction sites or resulting from construction activities. A copy of
Bulletin No. 25 and corresponding Engineering Standards are included in these specifications for
your reference.
01029 VIDEO TAPE AND OR COLOR PICTURES — EXISTING CONDITIONS
Before any work can begin, the Contractor shall either Video tape or take pictures of the existing
conditions of the areas that are adjacent to and affected by the construction activities.
If the Contractor selects video to tape the existing site condition, then the following items shall be
provided:
Clearly audible and spoken in English
Must state each address, location, street or avenue that is affected by the construction activities.
Picture quality must be in excellent condition to clearly see visible objects.
If the Contractor selects digital pictures or paper pictures, then the following items shall be
provided:
1. The picture must have date embedded into the picture when the picture was taken.
2. The picture must have eligible print in English of each address, location, street or avenue
and the direction (i.e. North or South) of picture taken.
3. The pictures must be maintained in binder/folder.
4. The picture quality must be in excellent condition to clearly see visible objects.
The cost of these pictures or video of the existing condition conditions of the affected area and
adjacent property shall be considered as incidental to one or more of the bid items and no
additional compensation will be allowed.
01030 METHOD OF MEASUREMENT
The Contractor will measure all work completed under the Contract in accordance with the United
States Measurements.
The Contractor shall provide to the City of Miami Public Works with each Payment Request with
back up document of quantity calculation on daily basis with the following stipulation:
1. Must show project number and project name.
2. Must show each bid item number, bid item description, location or address and bid item
unit.
3. Must show the daily of in — place quantity calculation of each bid item.
4. Must show the daily and monthly summation of each bid item quantity.
5. Hurricane related work must be submitted on a separate invoice.
Bid No. 08-09-008 Page 81
01031 PAYMENT REQUEST
General: Except as otherwise indicated, the official monthly progress payment invoice must be
submitted by 25th day of each month.
Prior to submitting official copies of monthly progress payment invoice, the Contractor, the City
Inspector, and the City Resident Engineer must come to agreed quantities, prices, and total
amount invoiced for the monthly progress payment.
The official monthly progress payment invoice must have the proper back up documentation and
quantity calculation as per stated in Section 2.46 METHOD OF MEASUREMENT.
Each application must be consistent with previous applications and payments.
Once the Official Monthly progress invoices are submitted, allow the City of Miami Public Works
ten (10) calendar days for review, verify, and process the payment invoice. However, if the official
monthly process invoices need correction due to errors, the calendar days may be longer than ten
(10) days.
The Official .Monthly pay request on all City of Miami Public Works Contracts shall submit in
TRIPLICATE, signed by the member of the Firm. Lump Sum items require breakdown of work
acceptable to the City of Miami Public Works.
Payment Application Forms: AIA Documents G702 and G703 Continuation Sheets or Equivalent
in Form and content will be acceptable.
01032 GOVERNING ORDER OF DOCUMENTS
In case of discrepancy, the governing order of the documents will as follows:
• Hurricane Recovery Work Order Authorization
• Priority locations - Master Work Order Authorization
• Task Work Order Authorization
• Addenda
• Special Provision
• Standard Contract Documents and Specifications for Public Works Project
• Plans — N/A.
Additionally, computed dimensions govern over scaled dimensions.
01033 BRICK SIDEWALK SUBGRADE
Prior to the start of construction, the Contractor and City Engineer will identify locations for brick
replacement.
Subgrade for decorative brick sidewalk shall be prepared and finished by the Contractor. All
specifications for sidewalk subgrade as outlined in Division 4 shall apply unless otherwise noted in
this section.
Remove all roots to a depth of 12 inches below the bottom of the sidewalk and prune trees. Trees
are not to be endangered by the extensive root pruning. (Limb pruning shall be accomplished prior
to root pruning). All pruning shall be accomplished by an experienced landscape contractor. This
work is to be included in Item 1 of the Proposal and no additional compensation will be allowed.
Bid No. 08-09-008 Page 82
Brick sidewalk subgrade at driveways shall consist of minimum 6 -inch concrete base to be
constructed between high curbs. The finished brick sidewalk subgrade elevation shall be such that
the finished sidewalk shall meet flush with top of curb, existing sidewalk, etc., or approximately 3 -
inches below finished sidewalk grade. No humps or depressions will be allowed due to poor
leveling and/or compaction.
Sidewalk cross slopes shall be %-inch per foot when possible. Cross slopes will vary when
restricted by the existing grades.
01034 BRICK SIDEWALK INSTALLATION
Prior to the start of construction, the Contractor Prior to the start of construction, the Contractor
and City Engineer will identify locations for brick replacement.
Existing bricks shall be carefully removed and reinstalled at areas designated by the Engineer.
New brick pavers of equal type, color, and size dimension shall be installed at the locations where
existing removed pavers can not be salvaged.
The preparation of the subgrade for the reinstallation of the existing bricks shall be accomplished
by the Contractor as noted in Division 2A.
The Contractor shall remove all remaining mortar from the concrete base at all driveways before
applying new mortar and reinstalling existing and/or new bricks.
Water meter boxes shall be protected during sidewalk removal and reused. Boxes shall be
replaced only at the direction of the Engineer.
Restore private property, including sod, blocks, bricks, tile, concrete, etc., to transition with the new
sidewalk elevation or to repair damage which occurred during the sidewalk replacement work.
The Contractor shall place a leveling mantle of sand (limerock) screenings on the subgrade and
screed to,a depth so that after bricks are laid and vibrated or rolled a 1-1/2 inch thick sand bed will
remain.
The brick pavers shall be laid in a running bond pattern perpendicular to the property line and back
of curb. Brick pavers shall be carefully placed by hand in straight courses with hand tight joints, not
exceeding 1116 -inch in width and good alignment must be maintained. Bricks shall be laid to line
every five (5) courses. Any necessary cutting to fit bricks or maintain the running bond pattern
shall be accomplished by using a wet mason saw diamond blade to achieve tight and clean edges.
After brick pavers are installed, sweep fine, dry silica sand joint filler into all joints to top of pavers
and vibrate or roll top surface of paver to obtain perfectly leveltop surface alignment. Brick paver
sidewalk shall be constructed to Y4 -inch per foot dross slope when possible. Any broken or uneven
brick will not be accepted and shall have to be replaced prior to or after installation.
Brick paver sidewalk reinstallation shall be paid for at the unit price bid per square foot in the
Proposal. The price per square foot shall be full compensation for all labor, materials, tools,
equipment, subgrade, and sand bed and all other work necessary for a complete and acceptable
job. New bricks, if necessary, shall be paid for at the unit price bid per square foot in the Proposal
only if the existing bricks cannot be salvaged.
01035 PAVEMENT MARKINGS
All pavement marking and signage material and method of installation shall conform to the Manual
of Uniform Traffic Control Devices.
Bid No. 08-09-008 Page 83
TART II ATTFIRI (-IC- DTnc r -nn
JOB NO,
DISTRICT C Sidewalk Repair
Project II B -30377D
Received by the City Clerk, City of Miami, Florlda at 11,00 A.M,
on January 13, 2009
Bidder
MAGGOLC INC.
ENVIROWASTE SERVICES TRANS CONSTRUCTION, INC.
Address
11020 SW 55 ST
4 SE l STREET 1000 NW 54 STREET
MIAMI, FL 33165
MIAMI, FL 33130 MIAMI, FL 33127
Laceted In the city of mia,l
N❑
N❑ YES
Ucenxd 4 Insured as Per City Code L Metro Bra
YES
YES YES
Bid Bond Amount. NOT REQUIRED
57
5% 5�
Irregularities
-
Minority Awned
YES
YES YES
OTAL BID, THE TOTAL SUM OF
TENS 1 THORUGH 18 BASED ON
A ONE (1) YEAR COMPLETIDN TIME,
HE SUM OF
$75,330
$84,529.60`97,950
Bidder
Address
Located to the City of MIaN
`
—
Lkensed L Insured as Per City Code 1 Metro Drd
Bid Bond Amounts NOT REQUIRED
Irregularities
Minority Owned
OTAL BID, THE TOTAL SUM OF
'EMS 1 THORUGH 18 BASED ON
a ONE (ll YEAR COMPLETION TIME,
_ IRREGULARITIES LEGEND
ANo
Poeer-of-Attorney
B No Affidavit as to Capital & Surplus of Bonding Company
C—Corrected Extensions
THE DEPARTMENT OF PUBLIC
WORKS HAS
THE MOST RESPONSIVE AND
—Proposal unsigned or Improperly Signed or Na Corporate seal
DETERMINED THAT
RESPONSIBLE BIDDER IS
ED
-Incompl¢te Extensions (Missing Primary Office Location Form)
MAGG❑LC, INC. IN THE AMOUNT ❑F X75,330 F❑R THE TCITAL BID.
E -
Non-responsive bid (Missing copy of Certificate of Competency)
G - Improper Bid Bond
H - Corrected Bid
U
I -No First Source Hiring Compliance
Statement
J - No Minority Compliance Statement
7�
BID
BID 08-09-008
No Duplicate Bid Proposal
JOB NO.
Prop, By, Estevez Check By, Estevez
PAGEI 1 OF I B -30377E
FACT SHEET
DEPARTMENT OF PUBLIC WORKS
SHEET 1 of 1 DATE: 2 / 19 / 2009
JOB NUMBER: B -30377B
PROJECT NAME: DISTRICT 2 SIDEWALK REPAIR PROJECT 11, B -30377B
LOCATION: Citywide t ^�
CIP NUMBER: 341 330
OTHER TYPE:
PROJECT MANAGER / EXT. No.: E. Estevez
FEDERAL (C.D.B.G.):
ASSOCIATED DEPARTMENT: Public Worksv
S.N.P.B.
v
ASSESSABLE:
EMERGENCY:NO
COMMISSIONER DISTRICT 2
BID REQUEST: FORMALM INFORMAL=
RESOLUTION No.:
DESCRIPTION: This project includes the removal of deteriorated, damaged or unsafe concrete sidewalks
and construction of new concrete sidewalks and handicap ramps fortheCi s ADA proqram upgrade. The
proposed improvements is located in Commissioner District 2. The work will also include reinstallation of water meter and traffic
boxes in the sidewalk area, curb and gutter construction, and trimming and removal of tree roots, as necessary, in order to prevent
future damage to the new concrete sidewalk, driveways or access ramps, as directed by the City Engineer.
This project is for a one year term with option to renew for four additional one year term periods pendinQ on
the availability of funding and the contractors performance.
(IF NECESSARY, CONTINUE ON THE BACK)
SCOPE OF SERVICES: PUBLIC WORKS OUTSIDE COST
COST (% OF CONST. COST)
ADVERTISING $ PW GF (a) $ -- %
ADMINISTRATIVE EXPENSES - CIP $ $ -- %
SURVEY / PLAT $ -- $ --
P.W. DESIGN & BID DOCUMENTS $ -- (E) $ -- 0 %
CONSTRUCTION/ ACTUAL BID PRICE $ $ 75,330.00 (BID)
CONSTRUCTION ADMINISTRATION $ PUBLIC WORKSE-rIII (General Fund PVV) $ -- %
OTHER: TESTING $ -- (E) $ (E)
(a) - actual cost
(E) - ESTIMATE TOTAL $ 75,330.00 Annual Price (TOTAL ENG. FEE)
ESTIMATED CONST. COST $ 125,000
CONTRACTOR'S INFORMATION:
CLASS: = EK F -S-1 NON - MINORITY
TYPE OF WORK: Roadway /Sidewalk MINORITY a
YEARS OF ESTABLISHMENT: 3 YEARS LICENSE E-251302
NAME: MAGGOLC INC. TELEPHONE: (786) 291-2949
ADDRESS: 11020 SW 55 Street
CITY, STATE, ZIP: Miami, Florida 33165 CLASS: J = JOINT P = PRIME S = SUB
CONTACT PERSON Mario Gonzalez, President MINORITY: B = BLACK H = HISPANIC F = FEMALE
SUB -CONTRACTORS:
NAMES: SELF
Bid No.: 08-09-008
TO: Ola 0 Aluko, Director
Capital Improvements
FROM: John De Pazos
Capital Improvements
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE: October 8, 2008 FILE: B -30377B
SUBJECT: Project Funding
Sidewalk Repairs & ADA rj Z
REFERENCES:
ENCLOSURES:
The above named project requires the following:
Description:
This Project Activation Form is to activate funding for the Miscellaneous
Sidewalk repairs & ADA improvements in District 2.
This project is a District Priority.
Funding:
Funding is available from Street Bond Series 1 for this District.
SDP
cc: David Mendez, Assistant Director Capital Improvements
Gary Fabrikant, Assistant Director Capital Improvements
Yvette Maragh, CIP Administrator Capital Improvements
File
PROJECT ANALYSIS FORM
Capital Improvements & Transportation
CIP Date Prepared: 6 -Oct -2008
NON-CIP ❑ VERSION �I
PROGRAM 341 -Streets & Sidewalks AREA 3 -Infrastructure & Environment
PROJECT NAME: District 2 - Sidewalk Repairs & ADA PROJECT NO: B-303778
ADDRESS / LOCATION: Districtwide DISTRICT: 2
PROJECT TEAM: Horizontal PROJECT CONTRACTED COST:
CATEGORY: Streets and Sidewalks PROJECT EST. COST: $ 250,691.00
CLIENT DEPT: 122-T&T-Transportation & Transit CURRENT FUNDS: $ 250,691.00
CLIENT CONTACT: Ola Aluko TEL.: (305) 416-1471 FUTURE FUNDS:
DESIGN MANAGER: John DePazos (CIP) TEL.: 305-416-1094 FUND SHORTFALL:
CONSTR. MANAGER: Elyrosa Estevez TEL.: 305-416-1217 PROCUREMENT: JOC
EST. DESIGN START: 11/01/08
EST. BID ADV.:
EST. CONSTRUCTION START: 11/01/08
EST. DESIGN END: 12/31/09
EST. AWARD DATE:
EST. CONSTRUCTION END: 12/31/09
PRODUCTION PHASE (3 -DES) f
of
Estimated Design
�
%
Contracted Design
Prime Consultant: 0000 To be Assigned CODE
1 Outside Consultant - Prime Basic Design Fee 1.01
2 CIP - Design Management 1.04
N
3 General Production Phase contingency 1.01
E-
4
0
Estimated
Contracted
PRODUCTION TOTALS
U
J
Q
CONSTRUCTION PHASE (4 -CON)
Contracted Construction
E-
Prime Contractor: 0000 To be Assigned CODE Estimated Construction by
(Formal Bid, Informal Bid or
v
PM
JOC Method)
Q
1 Construction Cost (Prime Contractor) 2 90% $ 219,124.00
0
2 Construction Contingency Allowance 2 10% $ 24,348.00
z
Q
3
Estimated
Contracted .
o
CONSTRUCTION TOTALS
W
$ 243,472.00
CONSTRUCTION ADMINISTRATION (S -CEO) CODE Estimated CEO
Contracted CEO
1 Construction Engineering Observation (CEO) Consultant 3.01
~
2 Construction Management by CIP Construction Manager 3.04
W
3 Construction Inspections by CIP Inspector 3.02
4 JOC Administration - The Gordian Group 3.03
U
5
Lu
Estimated
Contracted
CONSTRUCTION ADMINISTRATION TOTALS
a
ADMINISTRATIVE EXPENSES (6 -ADM) CODE Estimated ADMIN
Contracted ADMIN
1 CIP Department(Mgmt./Budget/Procurement/Comm.) 4 3.0% $ 7,219.00
2
Estimated
Contracted
ADMINISTRATIVE EXPENSES TOTALS
is 7,219.00 11
ADDITIONAL PROJECT TASKS CODE Estimated TASKS
Contracted TASKS
1
Estimated
Contracted
ADDITIONAL PROJECT TASKS TOTALS
B -30377B PROJECT GRAND TOTAL
Estimated
Contracted
$ 250,691.00
PAF FORM Printed on: 10/6/2008 Page 1 of 2 PAF FORM CREATED ON 10/31/06
N
d
v..
0
Z
Sidewalk Repairs throughout District 2
W
0-
AVAILABLE
0
U
AWARD NAME AND NUMBER
Cn
U
341330 Citywide Transportation An
W
250,691.00
LL
O
IL
Operating Cost Associated with Project: IYEAR 1 IYEAR 2 IYEAR 3 1 YEAR 4 IYEAR 5
N
d
v..
0
Z
Executed PAF MUST be electronically distributed to the following individuals:
Director of the Client Department, Yvette Maragh, Edwige De Crumpe, Senior Project Manager and Project Manager.
PAF FORM Printed on: 10/6/2008 Page 2 of 2 PAF FORM CREA
AVAILABLE
FUTURE
AWARD NAME AND NUMBER
356005-1 Streets Bond Program - Series 1
341330 Citywide Transportation An
$
250,691.00
LL
13-30377B
FUND GRAND TOTAL
ACTUAL
PROJECTED
251);691-00
Initiated by:
Elyrosa FstevezDate:
7/6
r 0 �
Project Manager
Signatl r
Approved by:
John De Pazos
Date:
/D0
Z2
Senior Project Manager
Sig ure
/
Z
Reviewed by.
David Mendez
l Q0
Date:
/ / li e,
O
Assistant Director. Capital Improvements
Signature
^��
Reviewed by:
Yvette Maragh
���, _ ✓G {
Data:
1 I I r3
q
CIP Budget Administrator
"a
Verified by:
aw/&,F— Ati,cibte IE
aynr Initials
Q
Program Controls Staff
,
Signature
Accepted by:
Ola Aluko
Date:
F I
Director. Capital Improvements
S' nature
Approved by:
Stephanie Grindell
�E I� l��
Date:
I O
Director. Public Works
gna re
ORIGINAL TO: Melanie Whitaker/8th Floor
Initials
a)
No Homeland Defense Bond Appropriated to this Project
0
Z
Executed PAF MUST be electronically distributed to the following individuals:
Director of the Client Department, Yvette Maragh, Edwige De Crumpe, Senior Project Manager and Project Manager.
PAF FORM Printed on: 10/6/2008 Page 2 of 2 PAF FORM CREA