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Home My WebLink AboutExhibitCONTRACT By and Between CITY OF MIAMI And Rick Developer, 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 Rick Developer, Inc., a Florida corporation, whose principal address is 4016 SW 132nd Avenue, Davie, Florida, 33330, (the "Contractor"). WITNESSETH: WHEREAS, pursuant to Resolution No. , adopted by the Miami City Commission on , the City Commission accepted the competitive bid of Rick Developer, Inc. for the project entitled District 4 — Sidewalk Repair, Project II, B -30377D (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 4 — Sidewalk Repair, Project II, B -30377D for the Contract Term set forth in Article 7 below. 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 Eighty Seven Thousand Six Hundred Sixty Dollars ($87,660) 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 Eighty Seven Thousand Six Hundred Sixty Dollars ($87,660) for fiscal year 2009-2010. The second option to renew in an amount not to exceed Eighty Seven Thousand Six Hundred Sixty Dollars ($87,660) for fiscal year 2010-2011. The third option to renew in an amount not to exceed Eighty Seven Thousand Six Hundred Sixty Dollars ($87,660) for fiscal year 2011-2012. The fourth and final option to renew in an amount not to exceed Eighty Seven Thousand Six Hundred Sixty Dollars ($87,660) 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 Entitled: Estevez B -30377D K 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 & 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) BY: Print Name: Corporate Secretary (SEAL) ATTEST: Priscilla A. Thompson City Clerk RESOLUTION NO. CONTRACTOR: Rick Developer, Inc. A Florida Corporation Party of the second part 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. 12 APPROVED AS TO ENGINEERING: Stephanie N. Grindell, P.E. Director, Public Works APPROVED AS TO FORM AND CORRECTNESS Julie O. Bru City Attorney k 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 Corporate Secretary (Corporate Seal) .20 Chairperson of the Board of Directors 7 ATTACHMENT C OTHER CONTRACT DOCUMENTS 00400. PROPOSAL BID FORM: (Page .1of 9) Firm's Name: Submitted on : / a7 42-00 % Date City of Miami, Florida Office of the City Clerk City Hall, 1s' 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 al labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: Bid No: 08-09-012 Title: District 4 — Sidewalk Repair Project ll, B -30377D 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. 08-09-012 Pane 17 J 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 15 based on a one (1) year completion time 7, (gga 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. 08-09-012 Page 18 00400. PROPOSAL BID FORM: (Page 314 of 9) DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PART Ill. 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 I1: _ / No addendum was received in connection with this Bid. Part til; 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 Hirinq 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. 08-09-012 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 Lobbvinq 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. 08-09-012 Page 20 00400. PROPOSAL BID FORM: (Page 6 of 9) (2)if any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of 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 Responsibilitv 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. 08-09-012 Page 21 00400. PROPOSAL BID FORM: (Page 7 of 9) Attached is a Bid Bond [ ►f 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 III and IV by signing and completing the spaces provided below. Firm's Name: �Z-c_K Signature: /1Nr '' k a -z -;-A Printed NameMtle City/State/Zip: -Dg ✓ie, �� -333.-O J/04o�o-; Telephone No.: (_796)agS gi� gS Facsimile No.: (JS_ x'33--7 l E -Mail Address: Social Security No. or Federal Dun and I.D.Nc.: 0PD'_2.52554/33 Bradstreet No_: (if applicable) If a partnership, names and addresses of partners: Bid No. 08-09-012 Pale 22 00400. PROPOSAL BID FORM: (Page 8 of 9) CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY CERTIFY that at a meeting of the Board of Directors of /ZrG�ye,,-.f �fl `�, -zh e-, .a corporation organized and existing under the laws of the State ofds held on the ZGday of �^r-y, Z�9, a resolution was duly passed and adopted authorizing (Name) A" C4- rcZ 7L'E1-4— as (Title) of the corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 2L', day of Sq,? 20_p�.. Secretary: lz--� ,/6.'� 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: Prin Bid No. 08-09-012 Page 23 00400. PROPOSAL BID FORM: (Page 9 of 9) NOTARIZATION NOT4RY PUBLIC-5T&,j E OF R OP,iDA STATE OF b n ff Vivian De La e COMHn Ssion #DD435181 Expires: JvM�y 30, 2009 Bonded This,; Adantii%Bonding Co., Inc )SS-. COUNTY OF k rp;-q rC/ ) �� The foregoing instrument was acknowledged before me this `"day of C 0 --A rr , 20eD9, by who is personally known to m or who has produced as identification and who (did / did not) take an oath. r� SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Bid No. 08-09-012 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. Landscaping/Planting7reC T �i�l�w7 Csr, C 2. Sidewalk/ Concrete Work 3. 4. 5. 6 7. Bid No. 08-09-012 Page 25 Bid No. 08-09-012 t'agc 26 Item 00402 Commissioner District 4 — Sidewalk Repair Project II Cost per Unit Total Cost = Line Pay Item Description Item quantity Units "Item Cost No. Units Quantity 1 15,000 sq. ft. of standard 4-inch concrete sidewalk, more or less, including tree root and branch trimming, tree root removal and restoration of the area. 15,000 Square feet $ er sq. it. $ S� 2 1,000 sq. ft. of standard 6-inch concrete sidewalk/ driveway, more or less, including tree trimming, tree root 1,000 Square feet $ L(, q0 removal and restoration of the area. $ 3 16,000 sq. ft. of concrete sidewalk removal (concrete or asphalt), more or less, at any location. 16,000 Square feet $ $ l3/ 600 4 100 lin. ft. of standard or depressed concrete curb or concrete curb and gutter, more or less, including removal of existing curb or curb and gutter, and including adjacent pavement restoration, if necessary, as 100 Linear feet $ $ per Misc. 35-85-22. �50-0 5 Remove and dispose of ten (10) tree stump, including roots, any size if necessary, at any location 10 Each $ $ 6 Provide and install 5, more or less, water meter boxes located in sidewalk to be replaced, at any location 5 Each $ VOW 7 100 sq. yd. of 1- inch thick Type "S-III" asphaltic concrete surface course including bituminous tack coat, as 100 Square $ $ s0 noted in thesespecifications. and /• 8Install 100 sq. yd. of 8- inch thick compacted limerock base with primer oil surface including necessary clearing 100 Square $ �� $ / r$ and grading, as noted in these specifications. and • / 9 50 square feet of St. Augustine Solid Sod in place, if necessary, including planting soil, grading, 50 Square ' $ /00 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 Square . concrete/asphalt driveway approach, tree trimming, tree root removal and restoration of the area at any 100 feet $ 20 $ citywide location. 11 Provide and install 5, more or less, traffic signal pull boxes located in sidewalk to be replaced, if necessary, 5 Each $ 2`�D $ at an cit ide location. .nom / 02� 12 500 sq. ft., more or less, of 6-inch thick base preparation for locations where there are no existing 500 Square $ duo $ �• gV sidewalks, including clearing and grading, new fill material, compaction and leveling of the area, etc. Feet 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 new 6-inch thick base fill leveling the 100 Square �� $ preparation with appropriate material, compaction and of 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 ramp, sod, etc., clearing tree trimming, tree fill 1,000 Square $ $ 6,DD and grading, root removal, new material, compaction and feet �� levelingof the area, etc. all as per Misc. 35-85-22C. 15 Special Provisions $5,000.00 Bid No. 08-09-012 t'agc 26 00410, BID BOND FORM (Page 1 of 3) State of Florida ) County of Dade) SS City of Miami ) KNOWN ALL PERSONS BY THESE PRESENTS, that Rick Developer, Irc. as Principal, _ Deve 1 ope rs Surety and Indemnity Company as Surety, are held and firmly Five Percent bound unto The City. of Miami, in the penal sum of of B 1 d Dollars ($ 5t of Bid ) lawful money of the United States, for the payment of which sum well and truly to be made; we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the 2ccompanying bid, dated January 27th 200 9 for: District 4 — Sidewalk Repair Project It, B -30377D, ,bid No.'08-09-492 NOW THEREFORE: (a) If the principal shall not withdraw said bid within ninety (90) 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 Clty, in accordance with the bid as accepted, and give bond with good .and sufficient Surety or Sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or, (b) In the event if the withdrawal of said bid within the period- specified, or the failure to enter into such contract and give such bond within the time specified, if the principal shall pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no -effect, otherwise to remain In full force and virtue. 51d No. 08-09-012 Page 27 00410. BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this tnstriment under their several seals, this 27th day of January , A. D., 200. the name and corporate seal cf each party being hereto affixed and these presents duly signed by its.undersigned representative; pursuant to authority of its governing body. WITNESS (If Sole Ownership, PRINCIPAL: Pit � re'b i Partnership, or Joint Venture, two (2) Witnesses are required. If Corporation, Secretary only will attest and affix seal.) Affix Seal Please see enclosed Power of Attorney Surety Secretary Rick Developer, Inc. Name/of Firm) Gln �J (Signature of authorzed ofoer) 4016 S.W. 132nd Avenue (Business Address) Davie, FL L33330 City State Zip Deve 1 ape rs�156Y'et y and Indemnity Company Corporate Surety) Affix Seal C h�SOAU eJof F�uthe odnOfficer} Attorney -in -Fact (Titlel P. 0. Box 19725 (Business Address)_ Ervine, CA 92623 City State Zip (NN ielsono,-Alter & Associates 600 �Go arnorrsnTgtgroe�)Blvd. Ad cess 3.05-722-2663 Telephone Numbs,, Bid No. 08-09-412 Page 28 00410. BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL 1, ;?j Get r�s6 , certify hat I am the Secretary of the Corporation named as Principal in the within bond; that ,��'e�i/o��/Bi.�s6 QcQ�T of said corporation; that I know his signature, and the signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body. (Corporate Seal) STATE OF FLORIDA ) COUNTY OF DADE ) SS City OF MIAMI ) Before m&, a Notary Public duly comrtiissicned, and qualified, personally appeared Charles .J Nie 1 son to me well known. who bei b e first duly sworn upon oath, says that he/she is the attomey-in-fact, for the Devel opers nS rye'y and and that he/she has been authorized by Them f64A66ut6 e tregoing tond on behalf of the Contractor named therein in favor of The City of Miami, Florida. Subscribed and sworn to before me this 27th day of'S � A. D,, 20 0 9, INSTRUCTIONS: Bid Bonds must be accompanied by Notary P Sate of Floea at Large a Power-ofAttorney, in compliance with instructions to Bidders My Commission Expires: 0-2/13/2011 . otaa�?trq Pfatary )?u6iia date aii=leA�a ? �� PJahal i ago p �"�-, o r,4y Commission DD639851 oaf+TLC? ' p Ex iras 02'13/2011 Bid No, 08-09-012 Page 29 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Sox 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURE 71Y AND INDEMNITY COMPANY, do each, hereby make, constitute and appoint ***Charles J. Nielson, Warren M. Alter, Charles D. Nielson, Brett M. Rosenhaus, Kevin R. Wojtowicz, Laura Mosholder, Jason Katz, jointly or severally*** as their true and lawful Altomey(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)-h-Fad full power and authority to do and to pedorm every ad 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-Fad, pursuant to these presents, are hereby ratified and confirmed. This Power of Attomey is granted and is signed by facsimile under and by autnority of the following resolutions adapted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of January 1 st, 2008. RESOLVED, that the rhafrman of tie Boa'd, the President and any Uce President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorneys) ramed in the Powers of Attorney to execute, on behalf of the oorporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorised to attest the execution of any such Power of Attomey; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of At omey or to any eerfificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with, respell to any bond, undertaking or contract of suretyship to which h is attached, IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNI T"COMPANY have severally caused these presents to be signed by their respective Vicepresidentand attested by their respectiveAzsisant Secretary this January 1st, 2008. 6Y. Stephen T. Pate, Senior Vice Pres4dent4R _max xR By: 1 3 6 0= Charter L Day, Assistant Secretary %`, , fotN k: State of CaGfomia'4- O P 1- County of Orange �� On January 1st, 2008 before me, Christopher J. Roach, Notary Public Date Here insert Name and Title of the Officer personalty appeared Stephen T. Pate and Charles L. De Name(s) of Signer(s) �-Y • y p1`� .5 a P.' t_i.•tP - �� Qp.f.g ,PII. Y o r i�' Fdd .., ,•. a ea- <i Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persoa(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/shefhey executed the same in hishrer/their authorized capachy(ies), and that by histher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the pe sons) acted, executed the instrument I cardly under PENALTY OF PERJURY under the laws of the State of Calfomla that the foregoing paragraph is true and co tact WITNESS my hand and official seal. Signature I Ch ' er J. Roach. CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY A.ND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Aftomey 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 Attomey, are in force as of the date of this Certificate. This Certificate, is executed in the City of Irvine, California, the 2 7 day of J a n u a r y , . 2009. By / Albert Hlebrand, Assistant gkrelzry ID- 1438(Wet)(Rev.10111) v op a INVITATION TO BID NO. 08-09-012 +Ii ML}LR.IR u I 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 27, 2009 for the project entitled: DISTRICT 4 - SIDEWALK REPAIR PROJECT II B -30377D 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 4 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 8, 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. 08-09-012 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 J 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 4 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. 08-09-012 page 7 00200. DEFINITIONS: Definitions: Whenever the following 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 2"d 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, 8th 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. 08-09-012 Page 8 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 A 9. 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. 08-09-012 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 clarifications 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 2nd 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.: 08-09-012 BID FOR: District 4 — Sidewalk Repair Project 11, B -30377D 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. 08-09-012 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, r)ot 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. 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: a. The ability, capacity and skill of the bidder to perform the Contract. b. 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. 8. 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 City. 9. 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. 08-09-012 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. 08-09-012 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 M/WBE firm, or (2) the prime contractor, if not a City of Miami certified MM/BE firm, to reach out to City of Miami certified MA/1/BE 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. 08-09-012 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 to 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 Hirinq 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. 08-09-012 - 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 ollows: 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/1NBEs, 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 Silence prohibits 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 (MANBE) 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. 08-09-012 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. 08-09-012 Page 16 00800. GENERAL CONDITIONS: Contract Documents: 1.1. The Contract Documents includes any Scope of Work and technical specifications attached hereto. 1.2. The Contract Documents, along with all documents that make up and constitute the Contract, shall be followed in strict accordance as to Work, performance, material except when the City may authorize, in writing, an exception. 1.3. Contractor shall not proceed with any Work when in doubt as to the Work, and shall seek clarification from Project Manager. Intention of 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. 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. 08-097012 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 Suretv: 5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 5.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 5.1.2. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 5.1.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial Amount of Bond holders Size Ratings Category 500,001 to 1,000,000 B+ Class ..... I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class ... III Bid No. 08-09-012 Page 57 A 7 5,000,001 to 10,000,000 A Class ...IV 10,000,001 to 25,000,000 A Class ....V 25,000,001 to 50,000,000 A Class ... VI 50,000,001 or more A Class ..V11 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. 08-09-012 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. [ ] 7.1.2.5. Broad Form Property Damage. [ ] 7.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ X ] 7.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [ X ] 7.1.2.8. City is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for City by or on behalf of Contractor or acts or omissions of Contractor in connection with general supervision of such operation. [ ] 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. 08-09-012 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.- Commercial ollows: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 [ 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. 08-09-012 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: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the Bid No. 08-09-012 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 local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Contract shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 13.2. Impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 14. Resolution of Disputes.- 14.1 isputes: 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. 08-09-012 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. 08-09-012 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 is not proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work according to the progress schedule accepted by or determined by the Project Manager, the Project Manager shall have the right to order the Contractor to do either or both of the following: (1) improve its work force; and/or (2) improve its performance in accordance with the schedule to insure completion of the Work within the specified schedule. The Contractor shall immediately comply with such orders at no additional cost to the City. (3) The City at its sole option may also have Work performed by a third party contractor and deduct such cost from any monies due the Contractor. 18.2. Where materials or equipment are transported in the performance of the Work, vehicles shall not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to the satisfaction of the Project Manager. 19. City's Right to Terminate Contract: 19.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the commencement date as indicated in the Notice to Proceed, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to Bid No. 08-09-012 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 hall: Bid No. 08-09-012 Page 65 a. Confine operations at the Work Site to the areas permitted by the Project Manager; not disturb portions of the Work Site beyond the specified areas; conform to Work Site rules and b. Assume all responsibility for its tools, equipment and materials, including any materials purchased for the Work, and its vehicles while performing Work for the City and/or while parked at a City facility. The City assumes no liability for damage to the items specified in this paragraph. c. Access to and egress from the Work Site(s) shall be subject to the approval of the Contract Administrator or the Project Manager 22. Interfering Structures and Property Take necessary precautions to prevent damage to existing structures and property when accessing the Work Site(s). The Contractor is solely responsible for any damage to personal, City or other public property. 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 Responsibility for Damages and Accidents: 24.1. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Work. The City assumes no responsibility or liability in the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed. 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. b8 -o9-012 Page 66 26.1.3.0ther 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. 08-09-012 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 manufacturers standard warranty. The Supplemental Conditions of the Contract Documents may supersede the manufacturers 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 Contractors 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. 08-09-012 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 field directives to the Contractor based on visits to the Project Site. Such Field Directives shall be issued in writing and the Contractor shall be required to comply with the directive. Where the Contractor believes that the directive is outside the Scope of the Work, the Contractor shall, within 48 hours, notify the Project Manager that the Work is outside the Scope of the Work. At that time the Field Directive may be rescinded or the Contractor may be required to submit a request for a change to the Contract. Where the Contractor is notified of the City's position that the Work is within the scope and the Contractor disagrees, the Contractor shall notify the Project Manager and the Contract Administrator that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply with the directive may result in a determination that the Contractor is in default of the Contract. 38. Change Orders: 38.1. Changes in the quantity or character of the Work within the scope of the Work which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the line item prices, Contract value, or the, Contract Term, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. Bid No. 08-09-012 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. 08-09-012 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. 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. 08-09-012 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 11 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 Payment Bidders shall include in their bid all taxes, insurances, social security, workman's compensation, and any other benefits normally paid by the bidder to its employees. No overtime will be authorized by the City which exceeds the rates quoted in this solicitation or not authorized by the City. Payments will be made monthly, in arrears, for services rendered the previous month, upon submission of property certified invoices and/or approved inspection reports. All such information shall be provided to the City Engineer for his/her approval in advance of payment. The contractor 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. 08-09-012 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. 08-09-012 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 plan 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 4 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 15: 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. B. 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. 08-09-012 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 root barriers, i.e., sections of metal pipe or root deflectors under the product name of "Root Solutions", or approved equal. Bid No. 08-09-012 Page 75 01008. PLANTING— See attached Division 2A. 01009. SODDING — See attached Division 26. 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. 08-09-012 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 lines 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. 08-09-012 Page 77 01020 01021 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. 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. 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. The walls and faces of trenches 5 feet which employees are exposed to danger guarded by a shoring system, sloping equivalent means. or more deep and all excavations in from moving ground or cave-in shall be of the ground, or some other 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. 2. 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. 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. 08-09-012 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: 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. Restore private property, including sod, blocks, bricks, tile, concrete, etc., to transition to the new sidewalk elevation or to repa!r 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. Bid No. 08-09-012 Page 79 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. 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. Bid No. 08-09-012 Page 90 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 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. Bid No. 08-09-012 Page 81 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. 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. Bid No. 08-09-012 Page 82 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. 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 %4 -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 1/16 -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. Bid No. 08-09-012 Page 83 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'/< -inch per foot cross 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. 08-09-012 Page 84 TABULATION OF BIDS FOR DISTRICT 4 Sidewalk Repair Received by the City Clerk, City of Miami, Florida at 11,00 A.M. JOB N11. Project II B-3°37 on January 27, 2009, Bidder RICK DEVELOPMENT ENVIROVASTE SERVICES GROUP MAGGOLC, INC. DEVELOPMENT 6 COMMUNICATION. TRANS CONSTRUCTION, INC. Address 4016 SW 132 AVE 4 SE l STREET 11020 SW 55 ST 9065 SW 87 AVE #106 1000 NW 54 STREET DAVIE, FL 33330 MIAMI, FL 33130 MIAMI, FL 33165 MIAMI, FL 33176 MIAMI, FL 33127 Lxated h the city aF MI -1 NO YES N❑ N❑ YES lkenxd L Insred as Per City Cade L Metra Ord YES YES YES YES Y E S Bid Bond Amount, NOT REQUIRED 5% 5% 5% 57 5% Irregularities H Minority Owned YES YES YES YES YES TOTAL DID+ THE TOTAL SUM OF -- ITEMS i THORUGH 15 BASED ON A ONE (1) YEAR COMPLETION TIME, THE SUM OF $87,660 $87,810.10. $88,990 $108,150 $109,600 Bidder Address Located In the City of Mlanl Licensed L Insured as Per City Lode L Metro Ord, Bid Bond Amounts NOT REQUIRED Irregularities Minority Owned TOTAL BIB THE TOTAL SUM OF, ITEMS 1 THORUGH 15 BASED ON A ONE (1) YEAR COMPLETION TIME, THE SUM OF IRREGULARITIES LEGEND A - No Power -of -Attorney B - No Affidavit as to Capital a Surplus of Bonding Company C -Corrected Extensions THE D —Proposal Unsigned or Improperly Signed or No Corporate seal THE E — Incomplete Extensions (Missing Primary Office Location Form) E —Non-responsive bid (Missing copy of Certificate of Competency) RICK G - Improper Bid BondF❑R H Corrected Hid I - No First Source Hiring Compllance Statement .I - No Minority Compliance Statement K -No Duplicate Bid Proposal Prep. Bye Estevez Check Dye Esievez DEPARTMENT ❑F PUBLIC WORKS HAS DETERMINED THAT L❑WEST RESPONSIBLE AND RESPONSIVE IS BIDDER DEVELOPMENT IN THE AMOUNT ❑F $87,660 r; THE TOTAL BID, BID 08-09-012 JOB NO. PAGE; 1 ❑F 1 B -30377D FACT SHEET DEPARTMENT OF PUBLIC WORKS SHEET 1 OF 1 DATE: 2 / 19 / 2009 JOB NUMBER: B -30377D PROJECT NAME: DISTRICT 4 SIDEWALK REPAIR PROJECT I, B -30377D LOCATION: Citywide CIP NUMBER: 341330 OTHER TYPE: PROJECT MANAGER / EXT. No.: E. Estevez u 1217 FEDERAL (C.D.B.G.): ASSOCIATED DEPARTMENT: Public Works S.N.P.B. ASSESSABLE: EMERGENCY: rN_07 COMMISSIONER DISTRICT 4 BID REQUEST: FORMAL= 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 for the Ci s ADA program upgrade. The proposed improvements is located in Commissioner District 4. 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 pending on the availability of funding and the contractor's 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 $ $ 87,660.00 (BID) CONSTRUCTION ADMINISTRATION $ PUBUC WORK. ET III (General Fund PVV) $ - % OTHER: TESTING $ -- (E) $ (E) (a) - actual cost (E) - ESTIMATE TOTAL $ 87,660.00 Annual Price (TOTAL ENG. FEE) ESTIMATED CONST. COST $ 125,000 CONTRACTOR'S INFORMATION: CLASS: = M F NON - MINORITY TYPE OF WORK: Roadway / Sidewalk MINORITY EE EM YEARS OF ESTABLISHMENT: 4 YEARS LICENSE CGC 1509229 NAME: RICK DEVELOPER, INC. TELEPHONE: (786) 285-8685 ADDRESS: 4016 SW 132 AVENUE CITY, STATE, ZIP: Davie, FL 33330 CLASS: J = JOINT P = PRIME S = SUB CONTACT PERSON Ricardo Riera, President MINORITY: B = BLACK H = HISPANIC F = FEMALE SUB -CONTRACTORS: NAMES: SELF Bid No.: 08-09-012 COPIES: ASSISTANT DIRECTORS, COSTANALYSIS, FILE, ASSOCIATED DEPT, CIP MANAGER REV. 2/00 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Ola O Aluko, Director Capital Improvements FROM: John De Pazos Capital Impro ents The above named project requires the following: DATE: October 8, 2008 FILE: B -30377D SUBJECT: Project Funding -1)^ Sidewalk Repairs & AD_A REFERENCES: ENCLOSURES: Description: This Project Activation Form is to activate funding for the Miscellaneous Sidewalk repairs & ADA imprcvements in District 4. ___i4 P4 __..; __ . This project is a District Priority. rtianding Funding is available from Street Bond Series 1 for this District. JDP cc: David Mendez, Assistant Director Capital Improvements Gary Fabrikant, Assistant Director Capital Improvements Yvette Maragh, CIP Administrator Capi=al Improvements File PROJECT ANALYSIS FORM CIP Date Prepared: 6-0ct-2008 GI Capital Improvements & Transportation NON-CIP ❑ VERSION PROGRAM 341 -Streets &Sidewalks AREA 3-In#rastructure & Environment PROJECT NAME: District 4 - Sidewalk Repairs & ADA PROJECT NO: B30377D ADDRESS / LOCATION: NW 32nd Avenue Between Flagler and 7th Street NW 46th Avenue Between F DISTRICT: 4 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: Etyrosa Estevez TEL.: 305-416-1217 PROCUREMENT: Conventional EST. DESIGN START: 10/01/08 EST. BID ADV.: EST. CONSTRUCTION START: 10101/08 EST. DESIGN END: 07/30/09 EST. AWARD DATE: EST. CONSTRUCTION END: 07/30/09 PRODUCTION PHASE (3 -DES) %0 l mated Design % of I Contracted Design Prime Consultant: 0000 To be Assigned CODE Const I Const 1 Outside Consultant - Prime Basic Design Fee 1.01 2 GIP - Design Management 1.04 U) 3 General Production Phase contingency 1.01 cn 4_ o Estimated Contracted v PRODUCTION TOTALS j CONSTRUCTION PHASE (4 -CON) Contracted Construction I- U Prime Contractor: 0000 To be Assigned CODE Estimated Construction b Y Formal Bid, lInformal Sid or PM JOC Method) 90% $ 219,124.00 © 1 Construction Cost (Prime Contractor) 2 Z 2 Construction Contingency Allowance 2 10% $ 24,348.00 Q 3 Estimated Contracted Lu CONSTRUCTION TOTALS I— $ 243,472.00 CONSTRUCTION ADMINISTRATION (8 -CEO) I CODE Estimated CEO Contracted CEO 1 Construction Management by CIP Construction Manager 3.04 2 Construction Inspections by CIP Inspector 3.02 W 3 JOC Administration - The Gordian Group 3.03 U 4 W Estimated Contracted 0 CONSTRUCTION ADMINISTRATION TOTALS O ate. ADMINISTRATIVE EXPENSES (6 -ADM) JCCDE EstimatedADM/N Contracted ADMIN 1 CIP Department (MgmtJBudget/Procurement/Comm.) 4 3.0% $ 7,219.00 2 a Estimated Contracted ADMINISTRATIVE EXPENSES TOTALS $ 7,219.00 ADDITIONAL PROJECT TASKS ICODE Estimated TASKS Contracted TASKS 1 Estimated Contracted ADDITIONAL PROJECT TASKS TOTALS B -30377D 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 Executed PAF RUST 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 CREATED ON 10/31/06 Sidewalk repairs and ADA improvements as needed in various locations within project boundaries. LU o_ FUTURE O U F— U $ W O a. B-U377 Operating Cost Associated with Project: IYEAR 1 IYEAR 2 1 YEAR 3 IYEAR 4 YEAR 5 Executed PAF RUST 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 CREATED ON 10/31/06 AVAILABLE FUTURE AWARD NAME AND NUMBER 356005-1 Streets Bond Program - Series 1 341330 Citywide Transportation An $ 250,691.00 B-U377 FUND GRAND TOTAL A T{JA PROJECTED Initiated by: Elyrosa Estevez J Date: Project Manager / v Approved by: John De Pazos ASgnatu Data: / 7 D Senior Project Manager Reviewed by: David Mendez Date:Assistant Director. Capital Improvements Q Reviewed by: Yvette Maragh l `�� [y f Date: O CIP Budget Administrator Signature Verified by: F—b\l/ G+E �E CRo 17 F�5 U l Initials jProgram Controls Staff Signature Accepted by: Ola Aluko Date: f Director. Capital Improvements Si ature Approved by: Stephanie Grindellr Date: ({ Director. Public Works Signatu ORIGINAL TO: Melanie Whitaker / 8th Floor Inititals 07 No Homeland Defense Bond Appropriated to this Project 0 Z Executed PAF RUST 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 CREATED ON 10/31/06