HomeMy WebLinkAboutExhibit1BID NO. 06-07-012 ..
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FLAGAMUWEST END STORM SEWER IMPROVEMENTS PHASE II
CIP PROJECT NO.: B- 50695
AND
FAIRLAWN STORM SEWER IMPROVEMENTS PHASE IIB
CIP PROJECT NO.: B-50703
Due Date: October 9, 2007
Due Time: 2:00 P.M.
Mayor Manuel A. Diaz
Commissioner Angel Gonzalez, District 1
Commissioner Marc Sarnoff, District 2
Commissioner Joe M. Sanchez, District 3
Commissioner Tomas P. Regalado, District 4
Commissioner Michelle Spence -Jones, District 5
City Manager, Pedro G. Hernandez
Issued By:
City of Miami
Department of Capital Improvements Program
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130
Gorpc
Section 1 — Instructions for Submission
1. Intention of City
2. Examination of Contract Documents and Site
3. Contents of Solicitation and Bidder's Responsibilities
4. Invitation to Bid (ITB) Interpretations
5. Submitting Responses
6. Printed Form for Invitation to Bid (ITB)
7. Preparation of Bids
8. Pre -Bid Conference
9. Environmental Regulations
10. Postponement of Date for Presenting and Opening of Responses
11. Addenda
12. Invitation to Bid (ITB) Review
13 Solicitation Protest
14. Locals Small, and Disadvantaged Firm Participation
15. Minority /Women Procurement Program
16. First Source Hiring Agreements
17. Local and Minority/Woman Participation Reporting
18. Cone of Silence
19. Public Entity Crime
20. Fraud and Misrepresentation
21. Collusion
22. Contractor in Arrears of Default
23. Cancellation of Solicitation
Section 2 — General Terms and Conditions
1. Definitions
2. Time is of the Essence
3 Contract Term
4. Liquidated Damages
5 Notices
6. Priority of Provisions
7. Indemnification
8. Insurance
9. General Requirements
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
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10. Method of Performing the Work
11. Work Staging and Phasing
12. Site Investigation and Representation
13. Contractor to Check Plans, Specifications and Data
14. Contractor's Responsibility for Damages and Accidents
15. Accidents
16. Safety Precautions
17. Occupational Health and Safety
18. Labor and Materials
19. Rules, Regulations, and Licenses
20. Consultant Services
21. Project Management
22. Superintendence and Supervision
23. Authority of the Project Manager
24. Inspection of Work
25. Taxes
26. Separate Contracts
27. Lands of Work
28. Coordination of Work
29. Differing Site Conditions
30. Existing Utilities
31 Contractor's Responsibility for Utility Properties and Service
32. Interfering Structures
33. Field Relocation
34. Contractor's Use of Work Site
35. Warranty of Materials and Equipment
36. Material and Equipment Shipment,Handling, Storage and Protection
37. Manufacturer's Instructions
38. Manufacturer's Warranty
39. Submittals
40. Shop Drawings
41. Product Data
42. Samples
43. Record Set
44. Supplemental Drawings and Instructions
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
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45. Contractor Furnished Drawings
46 City Furnished Drawings
47. Interpretation of Drawings and Documents
48. Product Tests
49. Field Directives
50. Changes in the Work or Contract Documents
51. Continuing the Work
52. Change Orders
53. Change Order Procedure
54. No Oral Changes
55. Value of Change Order Work
56. Extra Work Directive
57. Field Layout of the Work and Record Drawings for Drainage Projects
58. Survey Work for Drainage Projects)
59. As -Built Drawings
60. Worker's Identification
61. Removal of Unsatisfactory Personnel
62. Substantial Completion, Punch List, & Final Completion
63. Acceptance and Final Payment
64. Asbestos Abatement Requirements
65. Asbestos Permits and Notifications
66. NDPES Requirements
67. Force Majeure
68. Extension of Time
69. Notification and Claim for Change of ITB Time or ITB Price
70. Extension of Time not Cumulative
71. Contractor's Damages for Delay
72. Excusable Delay, Non-Compensable
73. Defective Work
74. Acceptance of Defective or Non -Conforming Work
75. Uncovering Finished Work
76. Correction of Work
77. Maintenance of Traffic and Public Streets
78. Location and Damage to Existing Facilities, Equipment or Utilities
79. Stop Work Order
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
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80. Hurricane Preparedness
81. Use of Completed Portions
82. Cleaning Up; City's Right to Clean Up
83. Removal of Equipment
84. Set -offs, Withholdings, and Deductions
85 Event of Default
86. Notice of Default -Opportunity to Cure
87. Termination for Default
88. Remedies in the Event of Termination for Default
89. Termination for Convenience
90. Resolution of Disputes
91. Mediation -Waiver of Jury Trial
92. City May Avail Itself of All Remedies
93. Permits, Licenses and Impact Fees
94. Compliance with Applicable Laws
95. Independent Contractor
96. Third party Beneficiaries
97. Successors and Assigns
98. Materiality and Waiver of Breach
99. Severability
100. Applicable Law and Venue of Litigation
101. Amendments
102. Entire Agreement
103 Nondiscrimination, Equal Employment Opportunity, and Americans with
Disabilities Act
104. Evaluation
105. Commodities manufactured, grown, or produced in the City of Miami, Miami -
Dade County and the State of Florida
106. Royalties and Patents
107. Continuation of the Work
108. Review of Records
109. No Interest
110. Payments Related to Guaranteed Obligations
111. Consent of City Required for Subletting or Assignment
112. Agreement Limiting Time in Which to Bring Action Against the City
113. Defense of Claims
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
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114. Contingency Clause
115. Mutual Obligations
116. Contract Extension
117. Non -Exclusivity
118. Nature of the Agreement
119. Contract Documents Contains all Terms
120. Applicable Law and Venue of Litigation
121. Survival
Section 3 - Supplemental Terms and Conditions
1. The Contract Sum (Pricing)
2. Schedule of Values
3. Project Schedules
4. Projects Payments
5. Release of Liens/Subcontractor's Statement of Satisfaction
6. Progress Meetings
7. Request for Information
8. Substitutions
9. Project Site Facilities
10. Project Laboratory Testing Services
11. Security
12. Construction Signage
13. Warranty of Construction
14. Hours Of Operation
15. Progress Payment Details (6) Pages
16. Special Technical Provisions (39) Pages
Section 4 - Attachments
Bid Form Eight (8) Pages
Bid Blank Five (5) Pages
City of Miami Licenses, Permits and Fees One (1) Page
Bid Bond Form Three (3) Pages
Supplement to Bid Form: Questionnaire Five (5) Pages
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
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Supplement to Bid Form: References Two (2) Pages
Supplement to Bid From: Office Location Affidavit two (2) Pages
Local, Small, Disadvantaged and Minority/Women Business Enterprise
Participation One (1) Page
Form of Performance Bond Two (2) Pages
Form of Payment Bond Two (2) Pages
Certificate of to Corporate Principal One (1) Page
Performance and Payment Guaranty Form Unconditional/Irrevocable Letter of
Credit Two (21Pages
Section 5 Flagami West End /Fairlawn Reports
1. Flagami West End Geotechnical Report -Atlantic
2. Flagami West End/Fairlawn Geotechnical Report-ATC
3. Flagami West End Utility Matrix
4. Flagami Utility Softdig Locations
5. Fairlawn Utility Matrix
6. Fairlawn Utility Softdig Locations
Section 6 — Contract Execution Form
1. Contract Execution Form
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
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INVITATION TO BID NO. 06-07-012
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 2:00 P.M. on October 9, 2007.
for:
FLAGAMI/WEST END STORM SEWER IMPROVEMENTS PHASE II
B-50695
FAIRLAWN STORM SEWER IMPROVEMENTS PHASE JIB
B-50703
Bids Due: Tuesday, October 9, 2007
AT 2:00 P.M.
Scope of Work: The work consists of furnishing all materials, labor, and equipment necessary
to install the project(s) as described below and as shown on the plans for a complete and
functional project. Close coordination with other contractor(s) who are responsible for the
installation of storm sewer collection systems associated with this project may be required. The
work consists of the following:
Project 1: Flagami/West End Storm Sewer Improvements
Storm sewer collection system consisting of (drainage) improvements to include
exfiltration trenches, cross drains, manholes, catch basins, new outfalls, retrofit of
existing outfalls, storm sewer force main, an emergency pump -out catch basin
and surface, miscellaneous restoration, road improvements, and surface
restorations. (This system will connect to the storm water pump stations
constructed under the project entitled "Flagami/West end Pump stations 1, 2, 3 &
4, B-50696.")
Project 2: Fairlawn Storm Sewer Storm Sewer Improvements
Storm sewer improvements to include: exfiltration trench, solid storm sewer pipe,
cross drains, catch basins, manholes, miscellaneous road improvements, and
surface restoration, consisting of roadway milling & resurfacing, damaged
sidewalk replacement, reconstruction of damaged and/or deficient ADA
compliant ramps will also be addresses under this project
The completed Work will provide other incidental work in connection therewith all as indicated
on drawings. The Contractor shall furnish all required materials, labor and equipment for the
project.
Minimum Requirements: Prospective Bidder shall hold a current certified license as a General
Contractor or General Engineering Contractor from the State of Florida (and/or Subcontractors)
and must . have a . minimum of five (5) years experience in storm sewers including five (5)
separate project references of similar size, scope, and complexity, supported by references
Flagami/West End Phase II and Fairlawn Phase 116 Sewer Improvements Bid No.: 06-07-012
Page 8
within the past five (5) years.
Bid packages containing complete instructions, plans and specifications may be obtained at the
Department of Capital Improvements Program, 444 S.W. 2nd Avenue, 8th Floor, Miami, Florida
33130, Telephone (305) 416-1255 on or after September 7, 2007. Bid packages will be
available in both digital and hard copy form. Non-refundable fee for a digital bid package is
$10.00 and the fee for a hard copy of the bid package is $100.00. 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 envelopes provided. At the time, date, and place above,
bids will be publicly opened. Any bids or proposals received after time and date specified will
not be considered and 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/Bidder. The City is not responsible for delays caused by 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 ORDINANCE NO. 12271.
13
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
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Bid No. 06-07-012
FLAGAMI/WEST END STORM SEWER IMPROVEMENTS PHASE II
CIP PROJECT NO. B-50695
AND
FAIRLAWN STORM SEWER IMPROVEMENTS PHASE IIB
CIP PROJECT NO. B-50703
NOTICE TO PROSPECTIVE BIDDERS
NO BID
If not submitting a bid at this time, please complete this sheet and return this sheet from
the bid documents, complete the information requested, and return to:
City of Miami
Department of Capital Improvements Program
444 SW 2nd Ave., 8th Floor
Miami, FL 33130
Facsimile No. (305) 416-2153
NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
Our company does not handle this type of product/service.
We cannot meet the specifications nor provide an alternate equal product.
Our company is simply not interested in bidding at this time.
Due to prior commitments, I was unable to attend pre -proposal meeting.
Insurance requirements are too excessive.
Other. (Please specify)
We do _ do not want to be retained on your mailing list for future bids for this type of
product and/or service.
Signature:
Title:
Company:
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 10
Section 1 — instructions for Submission
1. Intention of City
It is the intention of City to describe in this Agreement the Project to be completedin
accordance with the Agreement and in accordance with all codes and regulations
governing all the Work to be performed under this Project. Any work, materials or
equipment that may reasonably be inferred from the Agreement 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. Reference to standard specifications, manuals, or codes of any
technical society, organization or association, or to the laws or regulations of any
governmental authority, whether such reference be specific or by implication, shall mean
the latest standard specification, manual, code or laws or regulations in effect at the time
of opening of bids and Contractor shall comply therewith. City shall have no duties other
than those duties and obligations expressly set forth within the Agreement.
2. Examination of Contract Documents and Site
It is the responsibility of each Bidder before submitting a response to this solicitation for
Invitation to Bid (ITB) to:
• Examine the Contract Documents and ITB thoroughly,
• Visit the site or structure to become familiar with conditions that may affect costs,
progress, performance or furnishing of the Work, under an ITB
• 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 a Bidder's ability to be pre -
qualified and perform work under the Contract. Documents as well as any costs,
progress, performance, furnishing of the Work that may be required under an
ITB.
• Study and carefully correlate Contractor's observations with the requirements of
an ITB, and
Carefully review the Contract Documents, inclusive of any subsequently issued ITB, and
notify the City of all conflicts, errors or discrepancies which Contractor knows or
reasonably should have known.
The submission of a response to this solicitation for Invitation to Bid (ITB) or any
subsequent ITB shall constitute an incontrovertible representation by Bidder or
Contractor will comply with the above requirements of the Contract Documents and that
without exception, the response is premised upon performing and furnishing Work
required under the Contract Documents and that the Contract Documents are sufficient
in detail to indicate and convey understanding of all terms and conditions for
performance and furnishing of the work to be issued under this Contract.
3. Contents of Solicitation and Bidder's Responsibilities
It is the responsibility of the Bidder to become thoroughly familiar with the requirements,
terms and conditions of this solicitation and the Contract Documents. Pleas of ignorance
by the Bidder or Contractor of conditions that exist or that may exist will not be accepted
as a basis for varying the requirements of the City, or the compensation to be paid to the
Contractor.
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
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This solicitation is subject to all legal requirements contained in the applicable City
Ordinances, and Resolutions, as well as all applicable County, State and Federal
Statutes. Where conflict exists between this Solicitation and these legal requirements,
the authority shall prevail in the following order: Federal, State, County and local.
4. Invitation to Bid (ITB) 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 City's
Department of Capital Improvements Program (CIP) in writing. Interpretations or
clarifications considered necessary by the CIP in response to such questions will be
issued by City by means of Addendum mailed or delivered electronically to all parties
recorded by the CIP as having received the solicitation documents. Written questions
should be received no less than ten (10) calendar days prior to the date for the
receipt of responses. There shall be no obligation on the part of City or the CIP to
respond to questions received less than ten (10) calendar days prior to bid opening.
5. Submitting Responses
All submittals 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, Fla. 33133, before the
time and date specified for bid opening, enclosed in a sealed envelope, legibly marked
on the outside:
BID NO.: 06-07-012
BIDS FOR: Flagami/West End Storm Sewer Improvements —Phase II
Project No. B-50695 and Fairlawn Storm Sewer
Improvements -Phase IIB, Project No. B-50703
6. Printed Form for Invitation to Bid (ITB)
All Submittals must be made upon the blank City of Miami forms provided herein. The
Submittal must be signed and acknowledged by the Bidder in accordance with the
directions on the ITB forms.
Failure to utilize the city's forms, or fully complete said forms may result in a
determination that the response is non -responsive
7. Preparation of Bid
Failure to sign the notice to qualified contractors, request to participate form shall render
the submittal as non -responsive.
The Bidder may be considered non -responsive if submittals are conditioned to
modifications, changes, or revisions to the terms and conditions of this solicitation.
Rejection of a submittal does not prevent the Bidder from making corrections and
resubmitting for approval, This is an open continuous enrollment Contract.
8. Pre -Bid Conference
There is no Pre -Bid conference for this project.
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
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9. 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 Submittal, 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. Bidders shall notify the City immediately
of notice of any citation or violation which Bidder may receive after the Submittal opening
date and during the time of performance of any ITB awarded to it.
10. Postponement of Date for Presenting and Opening of Responses
The City reserves the right to postpone the date for receipt and opening of subrnissions
and will make a reasonable effort to give at least seven (7) calendar days notice of any
such postponement to each prospective Bidder.
11. Addenda
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 this solicitation are to be directed to the City's Department of
Capital Improvements Program (CIP) in writing. Interpretations or clarifications
considered necessary by the CIP in response to such questions will be issued by City by
means of Addenda mailed or delivered electronically to all parties recorded by the CIP
as having received the solicitation. All addenda will also be posted on CIP's web page of
the City's web site. There shall be no obligation on the part of City or the City's
Department of Capital Improvements Program to respond to questions received less
than ten (10) calendar days prior to due date.
The City shall make reasonable efforts to issue addenda within five (5) calendar days
prior to the due date.
12. .Invitation to Bid (ITB) Review
The City may require demonstration of competency and at its sole discretion conduct
site visits, require the Bidder to furnish documentation and/or require the contractor to
attend a meeting to determine the Bidder's qualifications and ability to meet the terms
and conditions of this Contract. The City shall consider, but not limited to such factors
as financial capability, labor force, equipment, experience, knowledge of the trade work
to be performed and the quantity of Work being performed by the Contractor.
Contractors must have been in business a minimum of five (5) years and be capable of
self -performing portions of the Work on Projects where required by the ITB.
The Bidder must be able to demonstrate a good record of performance and have
sufficient financial resources to ensure that it can satisfactorily provide the goods and/or
services required herein.
Any Bidder who, at the time of 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
under federal bankruptcy law or any state insolvency, may be declared non -responsive.
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 13
13. Solicitation Protest
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.
14. Local, Small, and Disadvantaged Firm Participation
The City strongly encourages Contractors 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 Contractors to
secure the participation of firms located within the City's jurisdictional limits. Forms are
provided for this purpose.
15. 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 not established a voluntary goal of 0% 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 51% goal
can be met is: (1) by having the Contractor become a City of Miami certified M/WBE
firm, or (2) the Contractor, if not a City of Miami certified M/WBE firm, to reach out to City
of Miami certified M/WBE firms to subcontract Work
Contractors 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 responses 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
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements
D,,.,o IA
Bid No.: 06-07-012
cooperation is greatly needed to aid the City in achieving its goal. Bidders may contact
the Purchasing Department at (305) 416-1906 for information.
16. First Source Hiring Agreements
Section 18-110 of the City Code states:
(a) The City commission approves implementation of the first -source hiring
agreement policy and requires as a condition precedent to the execution of
service contracts for facilities, services, and/or receipt of grants and loans, for
projects of a nature that create new jobs, the successful negotiation of first
source hiring agreements between the organization or individual receiving said
contract and the Authorized Representative unless such an agreement is found
infeasible by the City Manager and such finding approved by the City
commission at a public hearing.
b) For the purpose of this section, the following terms, phrases, words and
their derivations shall have the following meanings:
Authorized Representative means the Private Industry Council of South
Florida/South Florida Employment and Training Consortium, or its successor as
local recipient of federal and state training and employment funds.
Facilities means all publicly financed projects, including but without limitation,
unified development projects, municipal public works, and municipal
improvements to the extent they are financed through public money or services
or the use of publicly owned property
Grants and loans means, without limitation, urban development action grants
(UDAG), economic development agency construction loans, loans from Miami
Capital Development, Incorporated, and all federal and state grants administered
by the City
Service contracts means contracts for the procurement of services by the City
which include professional services.
Services include, without limitation, public works improvements, facilities,
professional services, commodities, supplies, materials and equipment.
(c) The Authorized Representative shall negotiate each first source hiring
agreement
(d) The primary beneficiaries of the first -source hiring agreement shall be
participants of the City training and employment programs, and other residents of
the City.
Contractors are strongly encouraged to identify opportunities to hire qualified City
residents if an ITB 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 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.
Flagami/West End Phase II and Fairlawn Phase 1IB Sewer Improvements
Pace 1 S
Bid No.: 06-07-012
17. Local and Minority/Woman Participation Reporting
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 for each RFP 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.
18. 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,
and any members of the respective selection/evaluation committee;
• 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;
The provision does not apply to, among other communications:
• oral communications with the City purchasing staff regarding Minority/Women
Business Enterprise (M/WBE) and local vendor outreach programs, provided the
communication is limited strictly to matters of process or procedure already
contained in the solicitation document;
• the provisions of the Cone of Silence do not apply to oral communications at duly
noticed site visits/inspections, pre -proposal or pre -bid conferences, oral
presentations before selection/evaluation committees, contract negotiations
during any duly noticed public meeting, or public presentations made to the
Miami City Commission during a duly noticed public meeting; or
• Communications in writing or by email at any time with any City employee, official
or member of the City Commission unless specifically prohibited by the
applicable RFP, RFQ, or ITB or bid documents.
• Communications in connection with the collection of industry comments or the
performance of market research regarding a particular RFP, RFQ, RFLI, IFB or
ITB by City Purchasing or CIP staff.
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 JDHernandez(miamigov.com.
In addition to any other penalties provided by law, violation of the Cone of Silence by any
Bidder shall render any award voidable. A violation by a particular Bidder or lobbyist
shall subject same to potential debarment pursuant to the City Code. Any person having
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 16
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. Bidders 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.
19. Public Entity Crime
A person or affiliate who has been placed on the convicted Bidder 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 / Bidder list.
20. Fraud and Misrepresentation
Any individual, corporation or other entity that attempts to meet its contractual
obligations with the City through fraud, misrepresentation or material misstatement, may
be debarred for up to five (5) years. The City as a further sanction may terminate or
cancel any other contracts with such individual, corporation or entity. Such individual or
entity shall be responsible for all direct or indirect costs associated with termination or
cancellation.
21. Collusion
Where two (2) or more related parties, as defined herein, each submit a response to an
ITB; such submissions shall be presumed to be collusive. The foregoing presumption
may be rebutted by the presentation of evidence as to the extent of ownership, control
and management of such related parties in preparation and submission under such ITB.
Related parties shall mean employees or the principals thereof which have a direct or
indirect ownership interest in another firm or in which a parent company or the principals
thereof of one Contractor have a direct or indirect ownership interest in another
Contractor for the same project. ITB responses found to be collusive shall be rejected.
22. Contractor in Arrears of Default
The Contractor represents and warrants that the Contractor is not in arrears to the City
and is not a defaulter as a surety or otherwise upon any obligation to the City. In
addition the contractor warrants that the Contractor has not been declared "not
responsible" or "disqualified" by or debarred from doing business with any state or local
government entity in the State of Florida, the Federal Government or any other
State/local governmental entity in the United States of America, nor is there any
proceeding pending pertaining to the Contractor's responsibility or qualification to
receive public agreements. The Contractor considers this warrant as stated in this
Article to be a continual obligation and shall inform the City of any change during the
term of the Contract.
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23. Cancellation of Solicitation
The City reserves the right to cancel, in whole or in part, any solicitation when it is in the
best interest of the City.
Section 2 — General Terms and Conditions
1. Definitions
Bidder means any individual, firm, incorporated or unincorporated business entity, or
corporation tendering a Submittal, acting directly or through a duly authorized
representative.
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.
City means the City of Miami, Florida, a Florida municipal corporation. In all respects
hereunder, City's performance is pursuant to the City's capacity as Owner. In the event
the City exercises its regulatory authority as a governmental body, the exercise of such
regulatory authority and the enforcement of any rules, regulations, codes, laws and
ordinances shall be deemed to have occurred pursuant to City's authority as a
governmental body and shall not be attributable in any manner to the City as a party to
this Contract. For the purposes of this Contract, "City" without modification shall mean
the City Manager or Director, as applicable.
City Commission means the legislative body of the City of Miami.
City Manager means the duly appointed chief administrative officer of the City of Miami.
Consultant means a firm that has entered into a separate agreement with the City for
the provision of design/engineering services for a Project.
Contract means the Invitation to Bid (ITB) solicitation, and all attachments and
addendum.
Contractor means the person, firm, or corporation with whom the City has contracted
and who will be responsible for the acceptable performance of any Work and for the
payment of all legal debts pertaining to any Work issued under this contract through the
award of an ITB. All references in the Contract Documents to third parties under
contract or control of Contractor shall be deemed to be a reference to Contractor.
Contractor shall be either a General Contractor or Single Trade Contractor as defined in
this Article.
Contract Documents means the Contract as may be amended from time to time, all
ITBs, addendum, clarifications, directives, clarifications, change orders, payments and
other such documents issued under or relating to an ITB
Construction Change Directive means a written directive to effect changes to the
Work, issued by the Consultant or the Director that may affect the ITB Price or Time.
Construction Schedule means a critical path schedule or other construction schedule,
as defined and required by the Contract Documents.
Cure means the action taken by the Contractor promptly after receipt of written notice
from the City of a breach of the Contract Documents which shall be performed at no cost
Flagami/West End Phase II and Fairlawn Phase JIB Sewer Improvements Bid No.: 06-07-012
to the City, to repair, replace, correct, or remedy all material, equipment, or other
elements of the Work or the Contract Documents affected by such breach, or to
otherwise make good and eliminate such breach, including, without limitation, repairing,
replacing or correcting any portion of the Work or the Project site disturbed in performing
such cure.
Cure Period means the period of time in which the Contractor is required to remedy
deficiencies in the Work or compliance with the Contract Documents after receipt of
written notice to Cure from the City identifying the deficiencies and the time to Cure.
Design Documents means the construction plans and specifications included as part of
a Bid/Proposal Solicitation prepared by the Consultant for this Project under a separate
Agreement with the City.
Director means the Director of the Department of Capital Improvements and
Transportation or designee, who has the authority and responsibility for managing the
Project under this Agreement.
Drawings means the graphic and pictorial portions of the Work, which serve to show the
design, location and dimensions of the Work to be performed, including, without
limitation, all notes, schedules and legends on such Drawings.
Field Directive means a written approval for the Construction Manager to proceed with
Work requested by the City or the Consultant, which is minor in nature and should not
involve additional cost.
Final Completion means the date subsequent to the date of Substantial Completion at
which time the Construction Manager has completed all the Work in accordance with the
Agreement as certified by the A/E or the City and submitted all documentation required
by the Agreement
General Contractor (GC) shall mean a Contractor who is licensed by Miami -Dade
County or the State of Florida to execute Work involving two (2) or more trades.
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.
Materials means goods or equipment incorporated in a Project, or used or consumed in
the performance of the Work.
Multiple Trade Projects shall mean where two or more trades are required to perform
the Work and more than one trade is considered as primary to compete the scope of the
Work.
Notice To Proceed means a written letter or directive issued by the Director or City's
Project Manager identified in the ITB acknowledging that all conditions precedent have
been met and directing that the Contractor may begin Work on the Project or a specific
task of the Project.
Plans and/or Drawings means the official graphic representations of a Project.
Professional Services means those services within the scope of the practice of
architecture, professional engineering, landscape architecture, or registered surveying
and mapping, as applicable, as defined by the laws of the State of Florida, or those
performed by any architect, professional engineer, landscape architect, or registered
surveyor or mapper in connection with his or her professional employment or practice.
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
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Project Or Work as used herein refers to all reasonably necessary and inferable
construction and services required by the ITB whether completed or partially completed,
and includes all other labor, materials, equipment and services provided or to be
provided by the Contractor to fulfill the its obligations, including completion of the
construction in accordance with the Drawings and Specifications. The Work may
constitute the whole or a part of the Project.
Request For Information (RFI) means a request from the Contractor seeking an
interpretation or clarification relative to the ITB. The RFI, which shall be clearly marked
RFI, shall clearly and concisely set forth the issue(s) or item(s) requiring clarification or
interpretation and why the response is needed. The RFI must set forth the Contractor's
interpretation or understanding of the document(s) in question, along with the reason for
such understanding.
Request For Price Proposal hereinafter referred to as "ITB" shall refer to a document
issued by the City containing the Project scope of work to be performed and requesting
submittal of prices and other necessary information.
Risk Administrator means the City's Risk Management Administrator, or designee, or
the individual named by the City Manager to administer matters relating to insurance and
risk of Toss for the City.
Invitation to Bid (ITB) Price means the compensation to be paid to a Contractor for the
work performed under an Invitation to Bid (TB).
Invitation to Bid (ITB) Time means the time period defined in an ITB for the Contractor
to complete the Work.
Single Trade Contractor (STC) shall mean on who is licensed by Miami -Dade County
or the State of Florida in a specific trade(s) that are covered in this solicitation and hold a
current license such as electrical, roofing and the like if applicable.
Single Trade Project shall mean where the work is totally or primarily to be performed
by one trade.
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.
Submittal means documents prepared and submitted by the Bidder to pre -qualify under
this solicitation.
Substantial Completion means that point at which the Construction Work is at a level
of completion in substantial compliance with the Agreement such that the City can use,
occupy and/or operate the facility in all respects to its intended purpose. Substantial
Compliance shall not be deemed to have occurred until any and all governmental
entities, which regulate or have jurisdiction over the Work, have inspected, and approved
the Work. Beneficial use or occupancy shall not be the sole determining factor in
determining whether Substantial Completion has been achieved, unless a temporary
certificate of occupancy has been issued.
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 20
2. Time is of the Essence
Contractor will promptly perform its duties under the Contract and will give the Work as
much priority as is necessary to cause the Work to be completed on a timely basis in
accordance with the ITB. All Work shall be performed strictly (not substantially) within
the time limitations necessary to maintain the critical path and all deadlines established
in the ITB.
All dates and periods of time set forth in the ITB, including those for the commencement,
prosecution, interim milestones, milestones, and completion of the Work, and for the
delivery and installation of materials and equipment, were included because of their
importance to the City.
Contractor acknowledges and recognizes that the City is entitled to full and beneficial
occupancy and use of the completed Work following expiration of the ITB Time.
In agreeing to bear the risk of delays for completion of the Work except for extensions
approved in accordance with Article 75, Excusable Delays, the Contractor understands
that, except and only to the extent provided otherwise in the Contract Documents, the
occurrence of events of delay within the Contractor's, control, the Work shall not excuse
the Contractor from its obligation to achieve full completion of the Work within the ITB
Time, and shall not entitle the Contractor to an adjustment. All parties under the control
or contract with the Contractor shall include but are not limited to materialmen and
laborers.
The Contractor acknowledges that the City is purchasing the right to have the Contractor
continuously working at the Project site for the full duration of the Project to ensure the
timely completion of the Work.
3. Contract Term
City otMiami: The Contract shall commence upon execution of the Contract by the City, unless
otherwise stipulated in the Notice of Award Letter which will be distributed by
Metro Express, CIP; and is contingent upon the completion and submittal of all required
Inc.: documents. The Contract shall remain in effect for a period of nine (9) months
for completion of the project.
4. Liquidated Damages
The Contractor is obligated and guarantees to meet the stipulated ITB Time(s)
set forth in an ITB. In the event of a delay in completion beyond the date set
forth in the ITB, the Contractor must submit a written request for an extension
that states the justification and number of days requested. This written request
must be submitted within two weeks, or such additional time as approved by the
Project Manager in writing, of the event as possible and prior to the completion
date stipulated in the ITB. The City shall consider all such requests made in a
timely fashion, however if the City determines that the cause of the delay was
avoidable or if insufficient justification is provided, the Contractor will be liable for
liquidated damages as set forth in the ITB. In as much as the amount of such
damages and the loss to the City will be extremely difficult to ascertain, it is
hereby expressly agreed that such damages will be liquidated and paid as
follows:
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• The Contractor shall pay to the City for each and every calendar day of
unexcused delay, the sum specified in the applicable ITB, which is hereby
agreed upon not as a penalty but as liquidated damages. The Contractor will be
notified of any exceptions. The total amount of liquidated damages shall not
exceed the value of the applicable ITB.
• The City shall notify the Contractor that it is incurring liquidated damages.
• The City shall have the right to deduct liquidated damages assessments from
any payment due or which may thereafter become due to the Contractor under
any contract the Contractor has with the City. In case the amount, which may
become due hereunder, shall be less than the amount of liquidated damages due
the City, the Contractor shall pay the difference upon demand by the City.
• Should the Contractor fail to compensate the City for any liquidated damages,
the City shall consider this as a form of indebtedness and may deny any future
Work under the Contract or any other City contract until such indebtedness is
paid in full to the City.
5. Notices
Whenever either party desires to give Written Notice unto the other relating to this
Contract, such must be addressed to the party for whom it is intended at the place last
specified; and the place for giving of notice shall remain such until it shall have been
changed by written notice in compliance with the provisions of this Article. Notice shall
be deemed given on the date received or within 3 days of mailing, if mailed through the
United States Postal Service. Notice shall be deemed given on the date sent via e-mail
or facsimile. Notice shall be deemed given via courier/delivery service upon the initial
delivery date by the courier/delivery service. For the present, the parties designate the
following as the respective places for giving of notice:
For City Of Miami:
Mr. Gary Fabrikant
Assistant Director
Department of Capital Improvements Program (CIP)
City of Miami
444 S.W. 2nd Avenue., - 8th Floor
Miami, Florida 33130
For Contractor:
(To Be Determined)
For each individual Project the Contractor shall maintain continuing communications with
City employees designated by the City in the ITB. The Contractor shall keep the City
fully informed as to the progress of the Project at all times. The Contractor shall do so
through ongoing communications with the Project Manager, and written communication,
as required by the Project Manager.
6. Priority of Provisions
If there is a conflict or inconsistency between any term, statement requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or
any document incorporated into the Contract Documents by reference and a term,
statement, requirement, the specifications and plans prepared by the Consultant, or
provision of the Contract Documents the following order of precedence shall apply:
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 22
In the event of conflicts in the Contract Documents the priorities stated below shall
govern;
• Revisions to the Contract shall govern over the Contract
• The ITB shall govern over the Contract
• Addendum to an ITB shall govern over a ITB
In the event of conflicts within the ITB the priorities stated below shall govern:
• Scope of Work and Specifications shall govern over plans and drawings
• Schedules, when identified as such shall govern over all other portions of the
plans
• Specific notes shall govern over all other notes, and all other portions of the
plans, unless specifically stated otherwise
• Larger scale drawings shall govern over smaller scale drawings
• Figured or numerical dimensions shall govern over dimensions obtained by
scaling
• Where provisions of codes, manufacturer's specifications or industry standards
are in conflict, the more restrictive or higher quality shall govern
7. Indemnification
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 Contract. These indemnifications shall survive the
term of this Contract. 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. The
Contractor expressly understands and agrees that any insurance protection required by
this Contract or otherwise provided by Contractor shall in no way limit the responsibility
to indemnify, keep and save harmless and defend the City or its officers, employees,
agents and instrumentalities as herein provided.
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 which may be brought against City whether performed by
Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of this Contract. 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.
Contractor shall require all Sub -Contractor agreements to include a provision that they
will indemnify the City.
The Contractor agrees and recognizes that the City shall not be held liable or
responsible for any claims which may result from any actions or o missions of the
Contractor in which the City participated either through review or concurrence of the
Contractor's actions. In reviewing, approving or rejecting any submissions by the
Contractor or other acts of the Contractor, the City in no way assumes or shares any
responsibility or liability of the Contractor or Sub -Contractor, under this Agreement.
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 23
8. Insurance
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 coverage's set forth herein.
6.1. 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:
6.1.1. 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 disease, each employee.
One Million Dollars ($1,000,000.00 Dollars each bodily injury
caused by disease, policy limit.
6.1.2 Waiver of subrogation
6..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:
6. 2.1. Premises and/or Operations.
6. 2.2. Independent Contractors.
6. 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.
6. 2.4. Explosion, Collapse and Underground Coverages.
6. 2.5. 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.
6. 2.6. 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.
6. 2.7. Contractual Liability.
6. 2.8. Waver of Subrogation.
6. 2.9. Personal and Advertising Injury.
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Bid No.: 06-07-012
6. 2.10. Loading and Unloading.
6. 2.11. Mobile Equipment (Contractor's Equipment) whether owned,
leased, borrowed or rented by Contractor or employees of
the Contractor.
6.3. 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:
6.3.1 Owned Vehicles.
6.3.2 Hired and Non -Owned Vehicles.
6.3.3. Employers' Non -Ownership.
6.3.4 Employees included as insured
6.3.5 City of Miami as Additional Insured
6. 4. Umbrella Policy
6. 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).
6.4.2. Products/Completed operations aggregate limit of Two
Million Dollars ($2,000,000).
Excess coverage over the policies as follows:
4 Commercial General Liability
4 Business Automobile Liability
6. 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.
6.5.1. Cessation of Insurance --Coverage is not to cease and is to
remain in force (subject to cancellation notice) until final
acceptance by City.
6.5.2. 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.
6.1.6. 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
6.1.7 Employer's Liability — Limits of Liability
FlagamiTWest End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 25
$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
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.
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.
Contractor shall furnish to the Capital Improvement 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
Insurance shall name the types of policies provided, refer specifically to this Contract,
and state that such insurance is as required by this Contract.
The official title of the Owner is the City of Miami, Florida. This official title shall be used
in all insurance documentation.
9. General Requirements
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.
The Contractor agrees that the Contractor will at all times employ, maintain and assign
to the performance of a Project a sufficient number of competent and qualified
professionals and other personnel to meet the requirements of the Work to be
performed.
The Contractor agrees to adjust staffing levels or to replace any staff personnel if so
requested by the Project Manager, should the Project Manager make a determination
that said staffing is unacceptable or that any individual is not performing in a manner
consistent with the requirements for such a position.
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.
The Contractor shall at all times cooperate with the City, or the Consultant and
coordinate its respective Work efforts to most effectively and efficiently progress the
performance of the Work.
The City, the Consultant and other agencies authorized by the City, shall have full
access to the Project site at all times.
The Contractor shall be responsible for the good condition of the Work or materials until
formal release from his obligations under the terms of the applicable ITB.
Contractor shall bear all losses resulting to it on account of the amount or character of
the Work, or the character of the ground, being different from what he anticipated.
The Contractor shall at all times conduct the Work in such manner and in such sequence
as will ensure the least practicable local interference. Contractor shall not open up Work
to the prejudice of Work already started, and the Project Manager may require the
Flagami/West End Phase II and Fairlawn Phase 1IB Sewer Improvements Bid No.: 06-07-012
Page 26
Contractor to finish a section on which Work is in progress before Work is started on any
additional section.
10. Method of Performing the Work
If, the Project Manager or Consultant reasonably determines, the rate of progress of the
Work is not such as to ensure its completion within the designated completion time, or if,
in the opinion of the Project Manager or Consultant, 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 Project schedule accepted by or determined by the Project Manager or
Consultant, the Project Manager or the Consultant 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 ensure completion of the
Project within the specified time. 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.
Where materials 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 or Consultant.
The Contractor shall furnish to the Project Manager and the Consultant a complete
listing of 24-hour telephone numbers at which responsible representatives of the
Contractor and all of the Contractor's Subcontractor can be reached should the need
arise at any time.
11. Work Staging and Phasing
The Work to be performed shall be done in such a manner so as not to interfere with the
normal City operations of the Project site or facility. The manner in which the Work is
performed shall be subject to the approval of the Project Manager or Consultant, whom if
necessary, shall have the authority to require changes in the manner in which the Work
is performed. There shall be no obstruction of City services without the prior written
approval of the Project Manager or Consultant. All requests for such interruption or
obstruction must be given in writing to the Project Manager or Consultant 24 hours in
advance of the interruption of City operations.
The Contractor shall familiarize itself with normal City operations where the Work is to be
performed so that it can conduct the Work in the best possible manner to the complete
satisfaction of the Project Manager and Consultant.
A staging plan must be submitted to and approved by the Project Manager or the
Consultant prior to the start of construction and issuance of the Notice to Proceed. Such
staging plan shall be revised and resubmitted as necessary during construction.
12. Site Investigation and Representation
The Contractor acknowledges that it has satisfied itself as to the nature and location of
the Work under this ITB, the general and local conditions, particularly those bearing
upon availability of transportation, disposal, handling and storage of materials,
availability of labor, water, electric power, and roads, the conformation and conditions at
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Paee 27
the ground based on City provided reports, 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 this ITB and the Contract Documents.
The Contractor further acknowledges that it has satisfied itself based on any
geotechnical reports the City may provide and inspection of the Project site 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 this ITB.
Any failure by the Contractor to acquaint itself with all the provided information and
information obtained by visiting the Project site will not relieve Contractor from
responsibility for properly estimating the difficulty or cost thereof under the ITB. In the
event that the actual subsurface conditions vary from the actual City provided reports the
Contractor shall notify the City and this ITB amount may be adjusted up or down
depending on the conditions.
13. Contractor to Check Plans, Specifications and Data
Contractor shall verify all dimensions, quantities and details shown on the plans,
specifications or other data received from Project Manager or Consultant as part of an
ITB, and shall notify the Project Manager and the Consultant of all errors, omissions and
discrepancies found therein within three (3) calendar days of discovery. Contractor will
not be allowed to take advantage of any error, omission or discrepancy, as full
instructions will be furnished the Project Manager or by Consultant. Contractor shall not
be liable for damages resulting from errors, omissions or discrepancies in the ITB unless
Contractor recognized such error, omission or discrepancy and knowingly failed to report
it to Project Manager or Consultant.
14. Contractor's Responsibility for Damages and Accidents
Contractor shall accept full responsibility for Work against all losses or damages of
whatever nature sustained until Final Acceptance by City, and shall promptly repair or
replace, at no additional cost to the City any Work, materials, equipment, or supplies
damaged, lost, stolen, or destroyed from any cause whatsoever.
15. 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 and
Consultant every accident to persons or damage to property, and shall furnish in writing
full information, including testimony of witnesses regarding any and all accidents.
16. Safety Precautions
Contractor shall be solely responsible for initiating, maintaining and supervising
all safety precautions and programs in connection with a Project. Contractor shall take
all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
• All employees on the Project site and other persons who may be affected
thereby;
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• All the Work and all materials or equipment to be incorporated therein, whether
in storage on or off the Project site; and
• Other property at the Project Site 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.
Contractor shall designate a responsible member of its organization at the Project site
whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Project Manager.
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 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 and Project Manager or Consultant has issued
the Contractor a notice of Final Acceptance.
Contractor must adhere to the applicable environmental protection guidelines for the
duration of a Project. 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.
The Contractor shall take the responsibility to ensure that all Work is performed using
adequate safeguards, including but not limited to: proper safe rigging, safety nets,
fencing, scaffolding, barricades; chain link fencing, railings, barricades, steel plates,
safety lights, and ladders that are necessary for the protection of its employees, as well
as the public and City employees. All riggings and scaffolding shall be constructed with
good sound materials, of adequate dimensions for their intended use, and substantially
braced, tied or secured to ensure absolute safety for those required to use it, as well as
those in the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching,
shoring, ladders and similar actions or equipment shall be OSHA approved, as
applicable, and in accordance with all federal state and local regulations.
If an emergency condition should develop during a Project, the Contractor must
immediately notify the Project Manager and Consultant of each and every occurrence.
The Contractor should also recommend any appropriate course(s) of action to the
Project Manager and the Consultant.
17. 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 a Project must be
accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
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• The chemical name and the common name of the substance.
• The hazards or other risks in the use of the substance, including:
o The potential for fire, explosion, corrosion, and reaction;
o 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
o The primary routes of entry and symptoms of overexposure.
• 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.
• The emergency procedure for spills, fire, disposal, and first aid.
• A description in lay terms of the known specific potential health risks posed by
the substance intended to alert any person reading this information.
• 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.
18. Labor and Materials
Unless otherwise provided herein, Contractor shall provide and pay for all materials,
labor, water, tools, equipment, Tight, 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.
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.
19. Rules, Regulations, and Licenses
The successful Contractor shall comply with all laws and regulations applicable to
provision of services specified in this Contract or ITB. The Contractor shall be familiar
with all federal, state and local laws that may in affect the goods and/or services offered.
20. Consultant Services
The City, at its sole discretion may hire a Consultant who shall serve as the Owner's
Representative for the Project to be performed under an ITB. The ITB will state that an
Owner's Representative has been contracted with for the management of the Work
under the ITB and who will be the lead point of contact, the Consultant or the Project
Manager.. Where a Consultant has been identified, the Consultant and the Project
Manager will have authority to act on behalf of the City to the extent provided in the
Contract Documents and as outlined in Article 25, Authority of the Project Manager.
On the basis of the on -site observations, the Consultant will keep the Project Manager
informed of the progress of the Work. In the capacity of interpreter, the Consultant will
exercise the best efforts to ensure faithful performance by both the Project Manager and
the Contractor and will not show partiality to either.
The Project Manager will assist the Consultant in conducting inspections to determine
the date or dates of Substantial Completion and Final Acceptance and will receive and
review written warranties and related documents required by the Contract and the iTB.
The Consultant will be responsible for receiving all documentation for review and
Flagami/West End Phase II and Fairlawn Phase ITB Sewer Improvements Bid No.: 06-07-012
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acceptance. Upon acceptance such documentation will be forwarded to the Project
Manager. The Project Manager will approve Schedules of Values, Progress Schedules,
subcontractors and invoices.
The duties, responsibilities and limitations of authority of the Consultant and the Project
Manager during construction as set forth in the Contract will not be modified nor
extended without written consent of the Contractor, the Consultant and the Project
Manager.
The City may contract for additional consultant services, including but not limited to
construction examination and observation services. Such services are intended to be
additional services and are not intended to and shall not be construed to supplant or
alter the role and responsibilities of the Consultant.
In case of the termination of employment of the Consultant, the City may, at its sole
discretion, appoint another Consultant, whose status under the Contract shall be as that
of the former Consultant.
21. Project Management
Where a Contractor is awarded Work, the Contractor shall be responsible for all project
management, including any and all subcontracts necessary to ensure that the Work is
performed in accordance with the Contract and the ITB. Project Management shall
include, but is not limited to: obtaining bids from subcontractors and suppliers;
coordinating the securing of all permits; obtaining licenses and inspections; ensuring that
subcontractors comply with all City requirements; performing the Work in accordance
with the Contract and ITB to the satisfaction of the Project Manager; paying all
subcontractors; obtaining release of liens/claims fees; and obtaining temporary and final
Certificates of Occupancy or Completion.
22. Superintendence and Supervision
The orders of City are given through Consultant or Project Manager where one is
identified in an ITB, which instructions are to be strictly and promptly followed in every
case. Contractor shall keep on the Project during its progress, a full-time competent
English speaking superintendent and any necessary assistants, all satisfactory to Project
Manager or Consultant. The superintendent shall not be changed except with the
written consent of Project Manager or Consultant, 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 Project Manager or Consultant
upon the written request of Contractor. Contractor shall give efficient supervision to the
Work, using its best skill and attention. The Project Manager and the Consultant 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.
On Projects in excess on thirty (30) calendar days the Contractor's superintendent shall
record, at a minimum, the following information in a bound log: the day; date; weather
conditions and how any weather condition affected progress of the Work; time of
commencement of work for the day; the work being performed; materials, labor,
personnel, equipment and subcontractors at the Project site; visitors to the Project site,
including representatives of the City, Consultant, regulatory representatives; any special
or unusual conditions or occurrences encountered; and the time of termination of work
for the day. All information shall be recorded in the daily log in indelible ink. The daily
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log shall be kept on the Project site and shall be available at all times for inspection and
copying by Project Manager and Consultant.
The Project Manager, Contractor and Consultant shall meet at least weekly or as
otherwise determined by the Project Manager, during the course of the Work to review
and agree upon the Work performed and outstanding issues. The Contractor shall
publish, keep, and distribute minutes and any comments thereto of each such meeting.
If Contractor, in the course of prosecuting the Work, finds any discrepancy between the
ITB and the physical conditions of the locality, or any errors, omissions, or discrepancies
in the Plans, it shall be Contractor's duty to immediately inform Project Manager and
Consultant, in writing, and Project Manager or Consultant, will promptly review the same.
Any Work done after such discovery, until authorized, will be done at Contractor's sole
risk.
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 and ITB. Contractor shall
be solely responsible for the means, methods, techniques, sequences and procedures of
construction.
23. Authority of the Project Manager
The Director hereby authorizes the Project Manager or the Consultant designated in this
ITB 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 under this ITB.
The Contractor shall be bound by all determinations or orders of the Project Manager
and/or Consultant and shall promptly respond to requests of the Project Manager and/or
Consultant, including the withdrawal or modification of any previous order, and
regardless of whether the Contractor agrees with the Project Manager's and/or
Consultant's determination or requests. Where requests are made orally, the Project
Manage and/or Consultant will follow up in writing, as soon thereafter as is practicable.
The Project Manager and/or Consultant 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 Director, Project Manager or the Consultant.
The Project Manager and Consultant shall have access to the Project Site at all times.
The Contractor shall provide safe facilities for such access so the Project Manager and
Consultant may perform their functions under the Contract. The Project Manager and
Consultant 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.
The Project Manager and Consultant will not be responsible for construction 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 ITB.
The Project Manager and Consultant will have authority to reject Work that does not
conform to the Contract and ITB requirements. Whenever, in his or her opinion, it is
considered necessary or advisable to ensure the proper completion of the ITB. The
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Project Manager and Consultant will have authority to require special inspections or
testing of the Work, whether or not such Work is fabricated, installed or completed.
Neither the Project Manager's nor Consultant'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 or
Consultant to the Contractor, any subcontractor, supplier or any of their agents,
employees, or any other person performing any of the Work.
All interpretations and recommendations of the Project Manager and Consultant shall be
consistent with the intent of the Contract Documents and the ITB.
The Project Manager and Consultant will not be responsible for the acts or omissions of
the Contractor, any Subcontractor, or any of their agents or employees, or any other
persons performing any of the Work.
24. Inspection of Work
Consultant, Inspectors, and City shall at all times have access to the Work during normal
work hours, and Contractor shall provide proper facilities for such access and for
inspecting, measuring and testing.
Should the Contract Documents, the ITB Consultant/Inspector Project Manager's
instructions, any laws, ordinances, or any public authority require any of the Work to be
specially tested or approved, Contractor shall give Project Manager and Consultant
timely notice of readiness of the Work for testing. If the testing or approval is to be made
by an authority other than City, timely notice shall be given of the date fixed for such
testing. Testing shall be made promptly, and, where practicable, at the source of supply.
If any of the Work should be covered up without approval or consent of Project Manager
or Consultant, it must, if required by the Project Manager or Consultant, be uncovered
for examination and properly restored at Contractor's expense.
Unless otherwise provided, the Contractor shall make arrangements for such tests,
inspections and approvals with the City's testing laboratory or entity. The Contractor
shall give the City and the Consultant timely notice of when and where tests and
inspections are to be made so that the City or Consultant may be present for such
procedures.
Re-examination of any of the Work may be ordered by the Project Manager or
Consultant, 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, and ITB Contractor shall pay such cost.
The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the City or separate contractors caused by
the Contractor's correction or removal of Work which is not in accordance with the
requirements of the Contract Documents.
Inspectors shall have no authority to permit deviations from, nor to relax any of the
provisions of the Contract Documents or ITB nor to delay the Work by failure to inspect
the materials and Work with reasonable promptness without the written permission or
instruction of Project Manager or Consultants.
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 the Contractor to any Inspector, directly or
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
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indirectly, is strictly prohibited, and any such act on the part of the Contractor will
constitute a breach of this Contract.
25. 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.
26. Separate Contracts
Prior to the commencement of the Work the Project Manager or the Consultant will
notify the Contractor of all ongoing projects or projects scheduled to commence during
the Work that may require coordination. The Contractor shall be responsible for
coordinating the Work with any other project to minimize any potential adverse impact.
Contractor shall not be entitled to any days of delay for failure to properly coordinate the
Work. The Consultant and the Project Manager will assist the Contractor in coordinating
the Work. However, the sole responsibility for coordination rests with the Contractor.
If any part of Contractor's Work depends for proper execution or results upon the work of
any other persons, Contractor shall inspect and promptly report to Project Manager and
Consultant any defects in such work that render it unsuitable for such proper execution
and results. Contractor's failure to so inspect and report shall constitute an acceptance
of the other person's work as fit and proper for the reception of Contractor's Work,
except as to defects which may develop in other contractor's work after the execution of
Contractor's Work.
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 any other
contractor on the site. Should such interference or impact occur, Contractor shall be
liable to the affected contractor for the cost of such interference or impact.
To ensure the proper execution of subsequent work, Contractor shall inspect the Work
already in place and shall at once report to Project Manager and Consultant any
discrepancy between the executed work and the requirements of the ITB.
27. Lands of Work
City shall provide, as may be indicated in the ITB, the lands upon which the Work is to
be performed, rights -of -way and easements for access thereto and such other lands as •
are designated by City for the use of Contractor.
Contractor shall provide, at Contractor's own expense and without liability to City, any
additional land and access thereto that may be required for temporary construction
facilities, or for storage of materials. Contractor shall furnish to City copies of written
permission obtained by Contractor from the owners of such facilities.
28. Coordination of Work
The Project Site may be occupied and may operate on a twenty-four hour seven day a
week schedule. Contractor shall ensure that the performance of the Work does not
impact any ongoing operations at Project site, which also includes the delivery of any
materials and equipment. Access to and egress from the Project Site shall be
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Page 34
coordinated with the Project Manager and the Consultant to minimize interference to
regular and emergency operations of the facility.
Contractor may be required to coordinate the Work with other contractors performing
work at the Project site.
29. Differing Site Conditions
In the event that during the course of the Work Contractor encounters subsurface or
concealed conditions at the Project site which differ materially from those shown in this
ITB and from those ordinarily encountered and generally recognized as inherent in work
of the character called for in this ITB; or unknown physical conditions of the Project site,
of an unusual nature, which differ materially from that ordinarily encountered and
generally recognized as inherent in work of the character called for in this ITB,
Contractor, without disturbing the conditions and before performing any Work affected by
such conditions, shall, within twenty-four (24) hours of their discovery, notify the Project
Manager and Consultant in writing of the existence of the aforesaid conditions. Project
Manager and the Consultant shall, within two (2) business days after receipt of
Contractor's written notice, investigate the site conditions identified by Contractor. If, in
the sole opinion of Project Manager or the Consultant , the conditions do materially so
differ and cause an increase or decrease in Contractor's cost of, or the time required for,
the performance of any part of the Work, whether or not charged as a result of the
conditions, Project Manager or Consultant shall recommend an equitable adjustment to
this ITB Price or ITB Time, or both. If the Project Manager and Contractor cannot agree
on an adjustment in the ITB Price or ITB Time, the adjustment shall be referred to the
Director for determination. Should the Director determine that the conditions of the
Project site are not so materially different to justify a change in the terms of the ITB, the
Director shall so notify the Project Manager, Consultant, and Contractor in writing,
stating the reasons, and such determination shall be final and binding upon the parties
hereto.
No request by Contractor for an equitable adjustment to this ITB under this provision
shall be allowed unless Contractor has given written notice in strict accordance with the
provisions of this Article. No request for an equitable adjustment or change to the ITB
price or ITB time for differing site conditions shah be allowed if made after the date
certified by Consultant or Project Manager as the date of substantial completion.
30. Existing Utilities
Known utilities and structures adjacent to or encountered in the Work will be shown on
the Drawings. The locations shown are taken from existing records and the best
information available from existing plans and utility investigations; however, it is
expected that there may be some discrepancies and omissions in the locations and
quantities of utilities and structures shown. Those shown are for the convenience of the
Contractor only, and no responsibility is assumed by either the City for their accuracy or
completeness. No request for additional compensation or contract time resulting from
encountering utilities not shown will be considered. The Contractor shall explore
sufficiently ahead of the Work to allow time for any necessary adjustments The
Contractor must coordinate all utility locations through "Sunshine State One Call of
Florida, Inc."
31. Contractor's Responsibility for Utility Properties and Service
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Where the Contractor's operations could cause damage or inconvenience to railway,
telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation
systems, the Contractor shall make all arrangements necessary for the protection of
these utilities and services or any other known utilities.
Notify all utility companies that are affected by the construction operation at least 48
hours in advance. Under no circumstance expose any utility without first obtaining
permission from the appropriate agency. Once permission has been granted, locate,
expose, and provide temporary support for all existing underground utilities and utility
poles where necessary.
The Contractor and his Subcontractors shall be solely and directly responsible to the
owner and operators of such properties for any damage, injury, expense, loss,
inconvenience, delay, suits, actions, or claims of any character brought because of any
injuries or damage which may result from the construction operations under the Contract
Documents.
Neither the City nor its officers or agents shall be responsible to the Contractor for
damages as a result of the Contractor's failure to protect utilities encountered in the
Work.
In the event of interruption to domestic water, sewer, storm drain, or other utility services
as a result of accidental breakage due to construction operations, promptly notify the
proper authority. Cooperate with said authority in restoration of service as promptly as
possible and bear all costs of repair. In no event shall interruption of any utility service be
allowed unless granted by the owner of the utility.
In the event water service lines that interfere with trenching are encountered, the
Contractor may, by obtaining prior approval of the water utility, cut the service, dig
through, and restore the service with similar and equal materials at the Contractor's
expense and as approved by the Project Manager or Consultant.
Replace, with material approved by the Project Manager or Consultant, at Contractor's
expense, any and all other laterals, existing utilities or structures removed or damaged
during construction, unless otherwise provided for in the ITB and as approved by the
Project Manager or Consultant.
Replace with material approved by the Project Manager or Consultant, at Contractor's
expense, any existing utilities damaged during the Work
32. Interfering Structures
Take necessary precautions to prevent damage to existing structures whether on the
surface, above ground, or underground. An attempt has been made to show major
structures on the furnished Drawings. While the information has been compiled from the
best available sources, its completeness and accuracy cannot be guaranteed, and is
presented as a guide. The Contractor shall field verify all locations.
33. Field Relocation
During the process of the Work, it is expected that minor relocations of the Work may be
necessary. Such relocations shall be made only by the direction of the Project Manager
or Consultant at the Contractor's expense. If existing structures are encountered that
will prevent construction as shown, the Contractor shall notify the Project Manager or
Consultant before continuing with the Work in order that the Project Manager or
Consultant may make such field revisions as necessary to avoid conflict with the existing
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structures. Where the Contractor fails to notify the Project Manager or Consultant when
an existing structure is encountered, and proceeds with the Work despite this
interference, the Contractor does so at his own risk.
34. Contractor's Use of Work Site
Limitations may be placed on the Contractor's use of the Project site and such limitations
will be identified by the Project Manager. In addition to such limitations, the Project
Manager may make storage available to the Contractor at his sole discretion based on
availability of space. The Contractor shall also coordinate and schedule deliveries so as
to minimize disruptions to City day-to-day operations.
The Contractor shall limit its use of the Project site, so as to allow for the City's
continuous operation. This is necessary, as the Project Site may remain in operation
during the Work.
• The Contractor shall:
• Confine operations at the Project site to the areas permitted by the Project
Manager or Consultant; not disturb portions of the Project site beyond the
specified areas; conform to Project site rules and regulations affecting the Work.
• Keep existing driveways and entrances serving surrounding facilities clear and
available to the City, its employees and the public at all times; not use areas for
parking and/or storage of materials except as authorized by the Project Manager.
• Assume all responsibility for its tools, equipment and materials, including any
materials purchased for the Work and not accepted by the City, and its vehicles
while performing Work for the City and/or while parked or stored at a City facility.
The City assumes no liability for damage or loss to the items specified in this
paragraph.
Access to parking and egress from the Project site shall be subject to the approval of the
Project Manager.
35 Warranty of Materials and Equipment
Contractor warrants to City that all materials and equipment furnished under the
Contract Documents will be new unless otherwise specified and that all of the Work will
be of good quality, free from faults and defects and in conformance with this ITB and
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 or Consultant, 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.
36. Material and Equipment Shipment, Handling, Storage and Protection
Preparation for Shipment
When practical, equipment shall be factory assembled. The equipment parts and
assemblies that are shipped unassembled shall be furnished with assembly plan and
instructions. The separate parts and assemblies shall be factory match -marked or
tagged in a manner to facilitate assembly. All assemblies are to be made by the
Contractor at no additional cost to the City.
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Generally, machined and unpainted parts subject to damage by the elements shall be
protected with an application of a strippable protective coating, or other approved
protective method.
Equipment shall be packaged or crated in a manner that will provide protection from
damage during shipping, handling, and storage.
The outside of the package or crate shall be adequately marked or tagged to indicate its
contents by name and equipment number, if applicable; approximate weight; state any
special precautions for handling; and indicate the recommended requirements for
storage prior to installation.
Packaging and Delivery of Spare Parts and Special Tools
Properly mark to identify the associated equipment by name, equipment, and part
number. Parts shall be packaged in a manner for protection against damage from the
elements during shipping, handling, and storage. Ship in boxes that are marked to
indicate the contents. Delivery of spare parts and special tools shall be made prior to the
time associated equipment is scheduled for the initial test run.
Shipment
All equipment and material shall be shipped with freight and shipping paid, FOB job site.
The Contractor shall request a 7-day advance notice of shipment from manufacturers,
and, upon receipt of such notice, provide the Engineer with a copy of the current delivery
information concerning equipment items and material items of critical importance to the
project schedule.
Receiving
The Contractor shall unload and record the receipt of all equipment and materials at the
jobsite.
All costs for receiving, inspection, handling, storage, insurance, inventory control, and
equipment maintenance for the Contractor -Supplied and City -Supplied materials and
equipment shall be included in the prices bid and no extra compensation will be allowed.
Inspection
Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall
inspect for completeness and any evidence of damage during shipment. City supplied
equipment and material shall be inspected and inventoried together with City's Inspector.
Should there appear to be any shortage or damage, the Project Manager or Consultant
shall be immediately notified; and the Contractor shall be fully responsible for informing
the manufacturers and the transportation company of the extent of the shortage or
damage. If the item or items require replacing or supplying missing parts, the Contractor
shall take the necessary measures to expedite the replacement or supply the missing
parts.
Handling
Equipment and materials received for installation on this Project shall be handled in
accordance with the manufacturer's recommendations, and in a manner that will prevent
damage.
Storage
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Equipment and materials shall be stored prior to installation as recommended by the
manufacturer. Generally, materials such as pipe shall be stored off the ground in
approved storage yards. Items subject to damage by the elements, vandalism, or theft
shall be stored in secure buildings. Items requiring environmental control for protection
shall be provided with the necessary environmentally controlled storage facilities at no
cost to the City.
Insurance
The Contractor's insurance shall adequately cover the value of materials delivered but
not yet incorporated into the Work.
Inventory Control
Equipment and materials shall be stored in a manner to provide easy access for
inspection and inventory control. The Contractor shall keep a running account of all
materials in storage to facilitate inspection and to estimate progress payments for
materials delivered but not installed in the Work.
Equipment's Maintenance Prior to Acceptance by the City
Provide the required or manufacturer's recommended maintenance during storage,
during the installation, and until such time as the City accepts the equipment for full-time
operation.
Salvage Equipment
Any salvageable pipe, fittings, or other miscellaneous material or equipment removed
during construction and not reused in the Work shall be cleaned, hauled, and stored by
the Contractor at his own expense, where directed by the Project Manager or
Consultant, and shall remain the property of the City. All other material shall be
disposed of by the Contractor at his own expense.
37. Manufacturer's Instructions
The Contractor shall:
Comply with manufacturer's requirements for the handling, delivery and storage of all
materials. Where required by this ITB, Contractor shall submit manufacturer's printed
instructions for delivery, storage, assembly, and installation.
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 Documents
including this ITB.
Inspect each item of material or equipment immediately prior to installation and reject
damaged and defective items.
Provide attachment and connection devices and methods for securing the Work; secure
Work true to line plumb and level, and within recognized industry standards; allow for
expansion and building movement; provide uniform joint width in exposed Work; arrange
joints in exposed Work to obtain the best visual effect and refer questionable visual
effect choices to the Consultant for final decision when applicable to the Work.
Recheck measurements and dimensions of the Work, as an integral step in starting each
portion of the Work.
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Install each unit or section of Work during favorable weather conditions, which shall
ensure the best possible results in coordination with the entire Project and isolate each
unit of Work from incompatible Work as necessary to prevent potential interference
among each section and/or deterioration of equipment.
Coordinate enclosure of the Work, which requires inspections and tests so as to
minimize the necessity of uncovering Work for that purpose.
When required by the ITB or the manufacturer, a qualified representative shall be
present to observe field conditions, conditions of surface and installation, quality of
workmanship, and applications. Manufacturer's representative shall provide the
Contractor and the Project Manager or Consultant a written report of field observations.
38. 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 Documents. All material and equipment furnished shall be fully guaranteed by
the Contractor against factory defects and workmanship. At no expense to the City, the
Contractor shall correct any and all apparent and latent defects that may occur within the
manufacturer's standard warranty. The Contract Documents may supersede the
manufacturer's standard warranty. Manufacturer's warranties will become effective upon
Final Acceptance of the Project.
39. Submittals
Contractor shall check and approve all shop drawing, samples, product data, schedule
of values, and any and all other submittals to make sure they comply with the Contract
Documents prior to submission to the Project Manager or Consultant.
Contractor by approving and submitting any submittals, represents that they have
verified the accuracy of the submittals, and they have verified all of the submittal
information and documentation with the requirements of the Contract Documents. At
time of submission the Contractor shall advise the Contractor in writing of any deviations
from the Contract Documents. Failure of the Contractor to advise the Project Manager or
Consultant of any deviations shall make the Contractor solely responsible for any costs
incurred to correct, add or modify any portion of the work to comply with the Contract
Documents.
Each shop drawing submittal shall contain a title block containing the following
information:
• Number and title of drawing, including ITB title and Number
• Date of drawing and revisions
• Name of Contractor and Subcontractor (if any) submitting drawings
• Name of Project, Building or Facility
• Specification Section title and number
• Contractor's Stamp of approval, signed by the Contractor or his checker
• Space above the title block for Project Manager' or Consultant's action stamp
• Submittal or re -submittal number (whether first, second, third, etc.)
Date of submittal
Contractor shall sign, in the proper block, each sheet of shop drawing and data and each
sample label to certify compliance with the requirements of this ITB. Shop drawing
submitted without the stamp and signature shall be rejected and it will be considered that
Flagami/West End Phase II and Fairlawn Phase JIB Sewer Improvements Bid No.: 06-07-012
Page 40
the Contractor has not complied with the requirements of the Contract Documents.
Contractor shall bear the risk of any delays that may occur as a result of such rejection.
City shall not be liable for any materials, fabrication of products or Work commenced that
requires submittals until the Project Manager or Consultant has returned approved
submittals to the Contractor.
Project Manager or Consultant shall make every effort to review submittals within
fourteen (14) calendar days from the date of receipt by the Project Manager or
Consultant. Project Manager or Consultant's review shall only be for conformance with
design concepts and the information provided in this ITB. The approval of a separate
item shall not constitute approval of an assembly in which the item functions. The
Project Manager or Consultant shall return the shop drawings to the Contractor for their
use and distribution.
Acceptance of any submittal shall not relieve the Contractor of any responsibility for any
deviations from the requirements of this ITB unless the Contractor has given written
notice to the Project Manager or Consultant of the specific deviations and the Consultant
has issued written approval of such deviations.
By approving and submitting Shop Drawings, Product Data and Samples, the Contractor
represents that all materials, field measurements and field construction criteria related
thereto have been verified, checked and coordinated with the requirements of the Work
and have been verified, checked and coordinated with this ITB.
Contractor shall be responsible for the distribution of all shop drawings, copies of
product data and samples, which bear the Project Manager's or Consultant's stamp of
approval. Distribution shall include, but not be limited to; job site file, record documents
file, Sub -contractor, suppliers, and other affected parties or entities that require the
information.
The Contractor shall also provide copies of all plans approved and permitted by the
required governing authorities.
The Contractor shall not be relieved of responsibility for errors or omissions in any and
all submittals by the Project Manager's or Consultant's acceptance thereof. The
Contractor warrants the adequacy for the purpose intended of any shop drawings or
portion of a shop drawing that alters, modifies or adds to the requirements of this ITB.
Nothing in the Project Manager's or Consultant's review of Shop Drawings, Submittals
and Samples shall be construed as authorizing additional work or increased cost to the
City.
40. Shop Drawings
Contractor shall submit Shop Drawings as required by the ITB. The purpose of the Shop
Drawings is to show, in detail, the suitability, efficiency, technique of manufacture,
installation requirements, details of the item, and evidence of its compliance or
noncompliance with this ITB.
Within five (5) calendar days after City's award of an ITB, Contractor shall submit to
Project Manager or Consultant a complete list and submittal log of items for which Shop
Drawings are to be submitted and shall identify the critical items and all submittal dates.
Approval of this list by Project Manager or Consultant shall in no way relieve the
Contractor from submitting complete Shop Drawings and providing materials,
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 41
equipment, etc., fully in accordance with this ITB. This procedure is required in order to
expedite final approval of Shop Drawings.
After the approval of the list of items required in ITB above, Contractor shall promptly
request Shop Drawings from the various manufacturers, fabricators, and suppliers.
Contractor shall thoroughly review and check the Shop Drawings and each and every
copy shall show its approval thereon. Contractor shall submit three (3) sets of shop
drawings.
If the Shop Drawings show or indicate departures from this ITB's, Contractor shall make
specific mention thereof in its letter of transmittal. Failure to point out such departures
shall not relieve Contractor from its responsibility to comply with the Contract and
Documents.
Project Manager or Consultant shall review and accept or reject with comments, Shop
Drawings within fourteen (14) calendar days from the date received. Project Manager's
or Consultant's approval of Shop Drawings will be general and shall not relieve
Contractor of responsibility for the accuracy of such Shop Drawings, nor for the proper
fitting and construction of the work, nor for the furnishing of materials or work required by
this ITB and not indicated on the Shop Drawings. No work called for by Shop Drawings
shall be performed until said Shop Drawings have been approved by Project Manager
and/or Consultant. Approval shall not relieve Contractor from responsibility for errors or
omissions of any sort on the Shop Drawings.
No approval will be given to partial submittals of Shop Drawings for items which
interconnect and/or are interdependent where necessary to properly evaluate the
design. It is Contractor's responsibility to assemble the Shop Drawings for all such
interconnecting and/or interdependent items, check them and then make one submittal
to Project Manager and/or Consultant along with its comments as to compliance,
noncompliance, or features requiring special attention.
If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop
Drawings, any additional information or changes on such drawings shall be typewritten
or lettered in ink.
The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be
clear, thoroughly detailed and shall have listed on it all ITB references, drawing
number(s), specification section number(s) and the shop drawing numbers of related
work. Shop drawings must be complete in every detail, including location of the work.
Materials, gauges, methods of fastening and spacing of fastenings, connections with
other work, cutting, fitting, drilling and any and all other necessary information per
standard trade practices or as required for any specific purpose shall be shown.
Where professional calculations and/or certification of performance criteria of materials,
systems, and or equipment are required, the Project Manager and/or Consultant are
entitled to rely upon the accuracy and completeness of such calculations and
certifications submitted by the Contractor. Calculations, when required, shall be
submitted in a neat clear and easy format to follow.
Contractor shall keep one set of Shop Drawings marked with Project Manager's and/or
Consultant's approval at the job site at all times.
41. Product Data
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Contractor shall submit four (4) copies of product data, warranty information and
operating and maintenance manuals. Each copy must be marked to identify applicable
products, models, options and other data. Contractor shall supplement manufacturer's
standard data to provide information unique to the Work.
Contractor shall only subrnit pages that are pertinent. Submittals shall be marked to
identify pertinent products, with references to the specifications and this ITB. Identify
reference standards, performance characteristics and capacities, wiring and piping
diagrams and controls, component parts, finishes, dimensions and required clearances.
Contractor shall submit a draft of all product data, warranty information and operating
and maintenance manuals at 50% completion of construction.
42. Samples
Contractor shall submit samples to illustrate the functional characteristics of the
product(s). Submittals shall be coordinated for different categories of interfacing Work.
Contractor shall include identification on each sample and provide full information.
43. Record Set
Contractor shall maintain in a safe place at the Project site one record copy and one
permit set of the ITB, including, but not limited to, all Drawings, Specifications,
amendments, Change Orders, RFIs, and Field Directives, as well as all written
interpretations and clarifications issued by the Project Manager or Consultant, in good
order and annotated to show all changes made during construction. The record ITB
documents shall be continuously updated by Contractor throughout the prosecution of
the Work to accurately reflect all field changes that are made to adapt the Work to field
conditions, changes resulting from Change Orders, Construction Change Directives, and
Field Directives as well as all written interpretations and clarifications, and all concealed
and buried installations of piping, conduit and utility services. Contractor shall certify the
accuracy of the updated record ITB documents. As a condition precedent to. City's
obligation to pay Contractor, the Contractor shall provide evidence, satisfactory to the
Project Manager and the Consultant, that Contractor is fulfilling its obligation to
continuously update the record ITB. All buried items, outside the Project site, shall be
accurately located on the record ITB as to depth and in relationship to not less than two
(2) permanent features (e.g. interior or exterior wall faces). The record ITB documents
shall be clean and all changes, corrections and dimensions shall be given in a neat and
legible manner in red. The record ITB documents shall be available to the City and the
Consultant for reference. Upon completion of the Work and as a condition precedent to
Contractor's entitlement to final payment, the record ITB documents shall be delivered to
the Project Manager or Consultant by the Contractor. The Record Set of Drawing shall
be submitted in both hard copy and as electronic plot files.
44. Supplemental Drawings and Instructions
The Project Manager or Consultant shall have the right to approve and issue
Supplemental Instructions setting forth written orders, instructions, or interpretations
concerning the ITB or its performance, provided such Supplemental Instructions involve
no change in the ITB Price or this ITB Time.
Project Manager or Consultant, shall have the right to modify the details of the plans and
specifications, to supplement the plans and specifications with additional plans, drawings
or additional information as the Work proceeds, all of which shall be considered as part
FlagamiM/est End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 43
of the Contract Documents. In case of disagreement between the written and graphic
portions of an ITB, the written portion shall govern.
45. Contractor Furnished Drawings
An ITB may require the Contractor to furnish design, shop and/or as -built drawings
depending on the nature and scope of the Work to be performed. The following applies
to the different types of drawings.
The Project Manager and/or Consultant shall, after review of the drawings, initial and
mark the drawings in one of the following manners:
1. ACCEPTED - No correction required.
2. PROCEED AS CORRECTED - Minor changes or corrections identified.
Work can proceed subject to re -submittal and acceptance of the drawings.
3. REVISE AND RESUBMIT- Significant changes or corrections are
recommended. Submittal must be revised and resubmitted for acceptance
prior to Work proceeding.
4. REJECTED - Not in accordance with the contract and/or ITB due to
excessive changes or corrections or other justifiable reason. Drawings must
be corrected and resubmitted prior to any Work being performed.
Revisions required by the permitting jurisdiction must also be reviewed and accepted by
the Project Manager or Consultant prior to resubmission to the permitting agency.
Acceptance by the City shall not relieve the Contractor from responsibility for errors and
omissions in the drawings.
46. City Furnished Drawings
The City, at its sole discretion, may furnish design drawings. It shall be the sole
responsibility of the Contractor to bring to the immediate attention of the Project
Manager any discrepancies between the drawings and existing conditions, excluding
hidden or unforeseen conditions, discovered prior to commencing and during the Work.
The Contractor shall be solely responsible for verifying the accuracy of the drawings
prior to commencing the Work, and shall be responsible for any errors or revisions of the
Work, which might have been avoided by notifying the City prior to commencement. This
shall also apply to any revisions or omissions identified by the Contractor. The
Contractor shall submit all requests for information entitled Request For Information
(RFI). The City shall respond to all RF1's in writing.
The Contractor shall have no basis for any claim for additional costs resulting from their
failure to identify any required revisions, omissions and/or errors, not identified in writing
to the Project Manager or Consultant prior to commencing the Work.
47. Interpretation of Drawings and Documents
Drawings and specifications are intended to be consistent, be mutually explanatory, and
should be used together and not separately. During the performance of the Project,
should any errors, omissions, conflicts, ambiguities or discrepancies be found in the
drawings and/or specifications, the Project Manager or the Consultant will clarify in
writing the intent of the drawings and/or specifications and the Contractor agrees to
abide by the Project Manager's or Consultants interpretation and perform the Work in
accordance with the decision of the Project Manager or the Consultant. In such event,
the Contractor will be held to have included in its ITB Price the best materials suitable for
the purpose and/or methods of construction.
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Page 44
48. Product Tests
All tests required to be performed by the Contractor, shall be made at the
expense of the Contractor.
49. Field Directives
The Project Manager or Consultant 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 or Consultant 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 this ITB. 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 or Consultant 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.
50. Changes in the Work or Contract Documents
Without invalidating the Contract Documents and without notice to any Surety, 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 under an ITB as may be
considered necessary or desirable to complete fully and acceptably the proposed
construction of a Project in a satisfactory manner. Any extra or additional Work within
the scope of this Project must be accomplished by means of appropriate Field Orders
and Supplemental Instructions or Change Orders.
Any changes to the terms of the Contract Documents must be contained in a written
document, executed by the parties hereto. This section shall not prohibit the issuance of
Change Orders executed only by City.
51. 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 ITB price or ITB time for
completion. The Work shall not be delayed or postponed pending resolution of any
disputes or disagreements.
52. Change Orders
Changes in the quantity or character of the Work within the scope of the Project which
are not properly the subject of Field Orders or Supplemental Instructions, including all
changes resulting in changes in the ITB Price, or this ITB Time, shall be authorized only
by Change Orders approved in advance and issued in accordance with the provisions of
the City.
In the event satisfactory adjustment cannot be reached for any item requiring a change
in this ITB Price or ITB Time, and a Change Order has not been issued, City reserves
the right at its sole option to either terminate the ITB 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 to the Director as set forth in Article 95, Resolution
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 45
of Disputes. During the dependency 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, Consultant, and Director 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 this ITB
Price or ITB Time.
On approval of any ITB change increasing the ITB Price, Contractor shall ensure that the
performance bond and payment bond (if applicable) are increased so that each reflects
the total ITB Price as increased.
Under circumstances determined necessary by City, Change Orders may be issued
unilaterally by City.
The City reserves the right to order changes which may result in additions to or
reductions from the amount, type or value of the Work shown in the ITB and .which are
within the general scope of the Contract Documents. Any such changes will be known
as Extra Work.
No Extra Work shall be performed except pursuant to written orders of the Project
Manager or Consultant expressly and unmistakably indicating his/her intention to treat
the work described therein as Extra Work. In the absence of such an order, the Project
Manager or Consultant may direct, order or require the Contractor to perform any Work
including that which the Contractor deems to be Extra Work. The Contractor shall
nevertheless comply and shall promptly and in no event after, begin the performance
thereof or incur cost attributable thereto and give written notice to the Project Manager
stating why he deems such work (hereinafter "Disputed Work") to be Extra Work. Said
notice is for the purposes of (1) affording an opportunity to the Project Manager to cancel
such order, direction or requirements promptly; (2) affording an opportunity to the Project
Manager to keep an accurate record of materials, labor and other items involved; and (3)
affording an opportunity to the City to take such action as it may deem advisable in Tight
of such disputed Work.
53. Change Order Procedure
Extra Work shall result in an equitable adjustment (increase or decrease) to the
applicable ITB representing the reasonable cost or the reasonable financial savings
related to the change in Work. Extra Work may also result in an equitable adjustment in
this ITB schedule for performance for both the Extra Work and any other Work affected
by the Extra Work.
The City shall initiate the Extra Work procedure by a notice to Contractor outlining the
proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the
Contractor is required to immediately start the Extra Work. The Contractor is required to
obtain permission for an extension to start the Extra Work if it is beyond the Contractor's
ability to start within the allotted timeframe.
The Contractor is required to provide the Project Manager with a detailed Change
Proposal Request which shall include requested revisions to the ITB, including but not
limited to adjustments in this ITB Price and ITB Time. The Contractor is required to
provide sufficient data in support of the cost proposal demonstrating its reasonableness.
In furtherance of this obligation, the City may require that the Contractor submit any or
all of the following: a cost breakdown of material costs, labor costs, labor rates by trade,
and Work classification and overhead rates in support of Contractor's Change Proposal
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Page 46
Request. The Contractor's Change Proposal Request must include any schedule
revisions and an explanation of the cost and schedule impact of the Extra Work on the
Project. If the Contractor fails to notify the Project Manager or Consultant of the
schedule changes associated with the Extra Work, it will be deemed to be an
acknowledgment by Contractor that the proposed Extra Work will not have any
scheduling consequences. The Contractor agrees the Change Proposal Request will in
no event include a combined profit and overhead rate in excess of fifteen (15%) percent
of the direct labor and material costs, unless the Project Manager determines that the
complexity and risk of the Extra Work is such that an additional factor is appropriate.
The Change Proposal Request may be accepted or modified by negotiations between
the Contractor and the City. If an agreement on the Extra Work is reached, both parties
shall execute the Extra Work order in writing via a Change Order. The execution by the
Contractor of the Change Order shall serve as a release of the City from all claims and
liability to the Contractor relating to, or in connection with, the Extra Work, including any
impact, and any prior acts, neglect or default of the City relating to the Extra Work.
Upon execution of a change order that affects the ITB Time the Contractor shall, within
five (5) business days submit a revised Project schedule reflecting the changes against
the baseline schedule.
54. No Oral Changes
Except to the extent expressly set forth in the Contract, no change in or
modification, termination or discharge of the Contract or ITB, in any form
whatsoever, shall be valid or enforceable unless it is in writing and signed by the
parties charged, therewith or their duly authorized representative.
55. Value of Change Order Work
The value of any work covered by a Change Proposal Request or of any claim for an
increase or decrease in this ITB Price shall be determined in one of the following ways:
• Where the work involved is covered by unit prices contained in this ITB, by
application of unit prices to the quantities of items involved.
• By mutual acceptance of a lump sum which Contractor and Project Manager
acknowledge contains a component for overhead and profit.
• On the basis of the "cost of work," determined as provided in this, plus a
Contractor's fee for overhead and profit which is- determined as provided in
this Article.
• The term "cost of work" means the sum of all direct costs necessarily incurred
and paid by Contractor in the proper performance of the Work described in
the Change Order. Except as otherwise may be agreed to in writing by the
Project Manager, such costs shall be in amounts no higher than those
prevailing in the locality of the Project, shall include only the following items
and shall not include any of the costs itemized in herein.
Payroll costs for employees in the direct employ of Contractor in the performance of the
work described in the Change Proposal Request under schedules of job classifications
agreed upon by Project manager and Contractor. Payroll costs for employees not
employed full time on the work covered by the Change Proposal Request shall be
apportioned on the basis of their time spent on the work. Payroll costs shall include, but
not be limited to, salaries and wages plus the cost of fringe benefits which shall include
social security contributions, unemployment, excise and payroll taxes, workers' or
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Page 47
workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation
and holiday pay application thereto. Such employees shall include superintendents and
foremen at the site. The expenses of performing the work after regular working hours,
on Sunday or legal holidays shall be included in the above to the extent authorized by
City.
Cost of all materials and equipment furnished and incorporated in the work, including
costs of transportation and storage thereof, and manufacturers' field services required in
connection therewith. All cash discounts shall accrue to Contractor unless City deposits
funds with Contractor with which to make payments, in which case the cash discounts
shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale
of surplus materials and equipment shall accrue to City and Contractor shall make
provisions so that they may be obtained. Rentals of all construction equipment and
machinery and the parts thereof whether rented from Contractor or others in accordance
with rental agreements approved by City with the advice of Consultant and the costs of
transportation, loading, unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of any such equipment,
machinery or parts shall cease when the use thereof is no longer necessary for the work.
Payments made by Contractor to Subcontractors for Work performed by Subcontractors.
If required by City, Contractor shall obtain competitive bids from Subcontractors
acceptable to Contractor and shall deliver such bids to City who will then determine, with
the advice of Consultant, which bids will be accepted. If the Subcontract provides that
the Subcontractor is to be paid on the basis of cost of the work plus a fee, the
Subcontractor's cost of the work shall be determined in the same manner as
Contractor's cost of the work. All Subcontractors shall be subject to the other provisions
of the Contract Documents insofar as applicable.
• Cost of special consultants, including, but not limited to, consultants,
architects, testing laboratories, and surveyors employed for services
specifically related to the performance of the work described in the Change
Order.
• Supplemental costs including the following:
• The proportion of necessary transportation, travel and subsistence expenses
of Contractor's employees incurred in discharge of duties connected with the
work except for local travel to and from the site of the work.
• Cost, including transportation and maintenance, of all materials, supplies,
equipment, machinery, appliances, office and temporary facilities at the site
and hand tools not owned by the workmen, which are consumed in the
performance of the work, and less market value of such items used but not
consumed which remains the property of Contractor.
• Sales, use, or similar taxes related to the work, and for which Contractor is
liable, imposed by any governmental authority.
• Deposits lost for causes other than Contractor's negligence; royalty payments
and fees for permits and licenses.
• The cost of utilities, fuel and sanitary facilities at the site.
• Receipted minor expenses such as telegrams, long distance telephone calls,
telephone service at the site, expressage and similar petty cash items in
connection with the work.
• Cost of premiums for additional bonds and insurance required because of
changes in the work.
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The term "cost of the work" shall not include any of the following:
■ Payroll costs and other compensation of Contractor's officers, executives,
principals (of partnership and sole proprietorships), general managers,
consultants, architects, estimators, lawyers, auditors, accountants,
purchasing and contracting agents, expediters, timekeepers, clerks and other
personnel employed by Contractor whether at the site or in its principal or a
branch office for general administration of the work and not specifically
included in the agreed -upon schedule of job classifications., all of which are
to be considered administrative costs covered by Contractor's fee.
■ Expenses of Contractor's principal and branch offices other than Contractor's
office at the site.
• Any part of Contractor's capital expenses, including interest on Contractor's
capital employed for the work and charges against Contractor for delinquent
payments.
■ Cost of premiums for all Bonds and for all insurance whether or not
Contractor is required by the Contract Documents to purchase and maintain
the same, except for additional bonds and insurance required because of
changes in the work.
• Costs due to the negligence or neglect of Contractor, any Subcontractors, or
anyone directly or indirectly employed by any of them or for whose acts any
of them may be liable, including but not limited to, the correction of defective
work, disposal of materials or equipment wrongly supplied and making good
any damage to property.
• Other overhead or general expense costs of any kind and the cost of any
item not specifically and expressly included in this Article
Contractor's fee allowed to Contractor for overhead and profit shall be determined as
follows:
• A mutually acceptable fixed fee or if none can be agreed upon,
• A fee based on the following percentages of the various portions of the cost
of the work:
• Where the Contractor self -performs the Work, Contractor's fee shall not
exceed ten percent (10%).
• Where a sub -contractor perform the work, Contractor's fee shall not exceed
seven and one half percent (7.5%); and if a subcontract is on the basis of
cost of the work plus a fee, the maximum allowable to the Subcontractor as a
fee for overhead and profit shall not exceed ten percent (10%); and
• No fee shall be payable for special consultants or supplemental costs.
The amount of credit to be allowed by Contractor to City for any such change which
results in a net decrease in cost, will be the amount of the actual net decrease. When
both additions and credits are involved in any one change, the combined overhead and
profit shall be figured on the basis of the net increase, if any, however, Contractor shall
not be entitled to claim lost profits for any Work not performed.
Whenever the cost of any work is to be determined pursuant to this Article, Contractor
will submit in a form acceptable to Project Manager or Consultant an itemized cost
breakdown together with the supporting data.
Where the quantity of any item of the Work that is covered by a unit price is increased or
decreased by more than twenty percent (20%) from the quantity of such work indicated
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in the ITB, an appropriate Change Order shall be issued to adjust the unit price, if
warranted.
Whenever a change in the Work is to be based on mutual acceptance of a lump sum,
whether the amount is an addition, credit or no change -in -cost, Contractor shall submit
an initial cost estimate acceptable to the Project Manager or Consultant.
■ Breakdown shall list the quantities and unit prices for materials, labor,
equipment and other items of cost.
• Whenever a change involves Contractor and one or more Subcontractors and
the change is an increase in the ITB Price, overhead and profit percentage
for Contractor and each Subcontractor shall be itemized separately.
• Each Change Order must state within the body of the Change Proposal
Request whether it is based upon unit price, negotiated lump sum, or "cost of
the work."
56. Extra Work Directive
If the parties fail to reach agreement with respect to the proposed Extra Work, or in case
or extenuating circumstances, the City may nevertheless issue a directive to the
Contractor to do the proposed Extra Work. Immediately upon receipt of the Extra Work
Directive, the Contractor shall be obligated to proceed with the Work set forth in that
directive.
Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant
to the Article 95, Resolution of Disputes, by furnishing a written statement to the Project
Manager within five (5) days of the Extra Work Directive, based upon any aspect, of
such Extra Work which the Contractor disputes. Such dispute must relate to specific
matters raised or specific matters reserved by the Contractor in its proposal and have
not been resolved prior to the issuance of the Extra Work Directive. The written
statement must set forth all details of the Contractor's claim including the manner that
the disputed item was specified in the Contractor's proposal. During the pendency of
any dispute hereunder, the Contractor must proceed with Work as set forth in the Extra
Work Directive unless otherwise advised by the Project Manager's written instructions.
In the event there is a dispute as to price, the Contractor will be paid in accordance with
the following paragraph. This payment(s) will be in full satisfaction of he Contractor's
claim for an adjustment to the value of this ITB.
Compensation for Extra Work in the event of the parties' inability to agree upon a
mutually satisfactory price shall be as follows:
• No payment will be made to the Contractor for Extra Work in excess of "Actual
and Necessary Cost" which is to say time and materials plus a mark-up not to
exceed 10%. This will not vary, whether the Extra Work is performed by the
Contractor or his subcontractor. Any exceptions must be approved by the
Project Manager.
"Actual and Necessary Net Cost" shall be deemed to include the actual and necessary
cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any,
made by the Contractor as employer pursuant to bona fide collective bargaining labor
agreements applicable to the Work; (ii) contributions to the State Unemployment
Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any
increases in public liability and property damage insurance or performance and payment
bonds occasioned solely by the Extra Work, (v) the actual and necessary operating
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expenses (except the expense of supplies and small tools not operated by mechanical
or electrical power), power for such plant and a reasonable rental for the same (including
small power tools), as determined by the Project Manager; and (vi) any additional
materials necessary for the performance of the Extra Work.
In case any Work or materials shall be required to be done or furnished under the
provisions of this Article, the Contractor shall at the end of each day furnish to the City
such documentation as the City may require to support all the costs of the Extra Work. If
payments on account are desired as the Extra Work progresses, the Contractor shall
render an itemized statement showing the total amount expended for each class of labor
and for each kind of material on account of each item of Work as a condition precedent
to the inclusion of such payment in a partial estimate. Upon the request of the City, the
Contractor shall produce for audit by the City, books, vouchers, collective bargaining
labor agreements, records or other documents showing the actual cost for Tabor and
materials. Such documents shall not be binding on the City. The Project Manager shall
determine any questions or dispute as to the correct cost of such labor or materials or
plant.
In case the Contractor is ordered to perform Work under this Article, which in the opinion
of the Project Manager, it is impracticable to have performed by the Contractor's own
employees, the Contractor will, subject to the approval of the Project Manager, be paid
the actual cost to Contractor of such Work, and in addition thereto five (5%) percent to
cover the Contractor's superintendence, administration and other overhead expenses.
Payment of any amount under this Article shall be subject to subsequent audit and
approval, disapproval, modification or revision by representatives of the City.
57 Field Layout of the Work and Record Drawings for Drainage Projects
The Contractor through the services of a State of Florida Registered Land Surveyor,
shall establish the line and benchmarks and other reference points for the installation of
the pipeline or structure
For pipelines, this will consist of establishing all points of bend (but not necessarily bevel
pipe unless in close proximity to other facilities), valves, tees, crosses and other stations
not more than 100 feet apart along the proposed centerline of the pipe, or along a
stationed offset line as shown on the Plans, marked by a nail in a metal cap if in
pavement, with the station painted nearby or by a nail in the top of a wooden stake
driven flush with the ground with the station marked on a flag stake nearby, if not in
pavement.
For structures, this will consist of base lines, stakes at corners, centers and center lines,
auxiliary lines and a bench mark from which to establish the elevations.
The Contractor shall make his equipment and men available to the Inspector for spot-
checking the accuracy of the Work. The Project Manager or Consultant shall require the
Work to be brought within the tolerances specified elsewhere before backfill is placed or
the construction is otherwise hidden.
The entire responsibility for establishing and maintaining line and grade in the field lies
with Contractor. Contractor shall maintain an accurate and precise record of the location
and elevation of all pipe lines, conduits, structures, maintenance access structures,
handholes, fittings and other Work and shall prepare record or "as -built" drawings of the
same which are signed and sealed by a State of Florida Registered Land Surveyor.
Contractor shall deliver these records in good order to Project Manager or Consultant as
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the Work is completed. The Contractor shall supply the Consultant with a copy of the
Registered Land Surveyor's layout of the Work immediately upon its availability to his
own forces. The cost of all such field layout and recording work is included in the prices
bid for the appropriate items. All record drawings shall be made on reproducible paper
and shall be delivered to Project Manager or Consultant prior to, and as a condition of,
final payment.
Contractor shall maintain in a safe place at the Project site one record copy of all
Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field
Orders and written interpretations and clarifications in good order and annotated to show
all changes made during construction. These documents shall be kept in a clean, legible
and dry conditions and shall not be used for construction purposes These record
documents together with all approved samples and a counterpart of all approved Shop
Drawings shall be available at all times to Consultant and Project Manager for reference.
Upon Final Completion of the Project and prior to Final Payment, these record
documents, samples and Shop Drawings shall be delivered to the Project Manager
During the entire construction operation, the Contractor shall retain the services of a
State of Florida Registered Land Surveyor who shall maintain records of the installation,
including all deviations from the plans and specifications by obtaining "As -built"
dimensions and elevations. The surveyor shall prepare record as -built drawings
shoving correctly and accurately all changes and deviations made during construction,
including approved construction variances to reflect the Work as it was actually
constructed. "As -Built" drawings shall be submitted to the City on a monthly basis.
Recording of Project Record
• Record all information for pipeline projects and on -site projects concurrently with
construction progress.
• Do not conceal any work until as -built information is recorded by the Contractor
and the City.
• All locations for future connections or tie-ins shall be left unburied and uncovered
until the City's surveying forces obtain and record the as -built information. This is
in addition to the Contractor's recorded information.
• Restrained pipe, end line valves, thrust blocks need to be left uncovered for the
last complete length. Inline valves and tees shall be left exposed for 1 length on
both sides plus the face end. Record the elevation, deviation from horizontal and
vertical alignment and the inclination for these -items:
• Maintain records of all pipeline Project and on -site Project deviations from
Drawings and Specifications by a Florida Registered Land Surveyor.
• For Pipe Installation In All Pipeline Projects and On -site Projects: During entire
construction operation retain the services of a State of Florida Registered Land
Surveyor (FRLS) who shall maintain records of the installation, including all
deviations from Drawings and Specifications.
• (FRLS) shall record as -built dimensions and elevations every twenty-five feet
(25') or portion thereof along pipeline and at every abrupt change in direction of
the new Tine.
• (FRLS) shall record locations and elevations for each valve, fitting, service line,
fire hydrant, water sampling point, and also for above ground piping and other
appurtenances along the pipeline. Specific locations and elevation of equipment,
the buildings and miscellaneous items installed inside them shall be recorded as
applicable.
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• Contractor's FRLS shall prepare as -built record drawings showing correctly and
accurately the installation, embracing all changes and deviations made during
construction, including all approved construction variances, to reflect the work as
it was constructed.
• Record Drawings shall be prepared on 4-mil mylar as specified hereinafter.
Record Drawings and three (3) blue line copies shall be signed and sealed by the
Surveyor and shall be submitted to the City for the Project Manager's or
Consultant's review within ten (10) calendar days following the completion date
of successful pressure testing of all mains and appurtenances under the Contract
Documents
• If the Consultant determines that the Drawings are not acceptable, they will be
returned to the Contractor with a cover letter noting the deficiencies and/or
reasons for the disapproval. Contractor shall have ten (10) calendar days to
correct all exceptions taken by the Project manager or Consultant and resubmit
as -built record drawings to the Consultant for final acceptance.
• Prior to, and as a condition precedent to Final Payment, Contractor shall submit
to City, Contractor's record drawings or as -built drawings acceptable to Project
Manager or Consultant.
58. Survey Work for Drainage Protects
The Contractor shall retain or employ a FRLS to lay out all storm sewer construction and
provide final measurements.
At the Project pre -construction meeting, to be attended by the Contractor's FRLS, the
Contractor will be provided a packet of information, from the City, showing the format to
be utilized. The Contractor is advised that the survey work, including required final
measurements, shall be according to City Standards and are an integral part of the
Project. The Project shall not be considered complete until the final measurements are
approved by the City.
Layout is to be under the supervision of the FRLS. The center line of catch basins and
an offset line parallel with the center line of the pipe will be marked by nails and discs at
intervals of no more than 50' (fifty feet). Distances between manholes will be accurate
within 0.10 foot and elevations of the offset points will be determined with an accuracy of
+ 0.03 foot.
Offset points are to be painted with -good quality traffic paint with the distance from the
catch basin and the low invert. This information is to be shown in the approved field
book and on a cut sheet form provided by the City. These cut sheets shall be reviewed
by the Consultant to ensure that City standards are being met. Field books will become
the property of the City.
All notes will show the relationship of the installations to the City of Miami's monument
line. All elevations are to the City of Miami Datum.
The final measurements will include accurate horizontal and vertical location of all
construction. This includes, but is not limited to grate, invert and bottom elevations of
catch basins and size and type of all pipe, asphalt overlay, and elevation of ground or
sidewalk above exfiltration systems. All final measurements are to be in the form of
field notes clearly and legibly drawn in a Keuffel and Esser field book #82.0008 or
Dietzgen No. 403 V.
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All books shall contain a front index referencing both street location and catch basin
numbers. These notes are to become the property of the City after certification as to
accuracy by a FRLS. Staking and final survey notes shall be cross referenced each to
the other.
The FRLS works for the Contractor but shall be available to answer any questions the
City may have. All costs for survey work will be included in the bid price.
59. As -Built Drawings
During the Work, Contractor shall maintain records of all deviations from the Drawings
and Specifications as approved by the Project Manager or Consultant and prepare As -
Built Record Drawings showing correctly and accurately all changes and deviations
made during construction to reflect the Work as it was actually constructed. It is the
responsibility of the Contractor to check the As -Built Drawings for errors and omissions
prior to submittal to the City and certify in writing that the As -Built Drawings are correct
and accurate, including the actual location of all internal piping, electrical/signal conduits
in or below the concrete floor. Indicate the size, depth and voltage in each conduit.
Legibly mark to record actual construction: On -site structures and site work as follows:
• Depths of various elements of foundation in relation to finish first floor datum.
• All underground piping and ductwork with elevations and dimensions and
locations of valves, pull boxes, etc. Changes in location. Horizontal and
vertical locations of underground utilities and appurtenances, referenced to
permanent surface improvements. Actual installed pipe material, class, etc.
• Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure. Air conditioning
ducts with locations of dampers, access doors, fans and other items needing
periodic maintenance.
• Field changes in dimensions and details.
• Changes made by Project Manager's or Consultant's written instructions or
by Change Order.
• Details not on original Contract Drawings.
• Equipment, conduit, electrical panel locations.
• Project Manager's or Consultant's schedule changes according to
Contractor's records and shop drawings.
Specifications and Addenda: Legibly mark each section to record:
• Manufacturer, trade name, catalog number and Supplier of each product and
item of equipment actually installed.
• Changes made by Project Manager's or Consultant's written instructions or
by Change Order.
Approved Shop Drawings: Provide record copies for each process equipment, piping,
electrical system and instrumentation system.
As -built documents shall be updated monthly as a condition precedent to payment.
60. 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
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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.
61. Removal of Unsatisfactory Personnel
The City may make written request to the Contractor for the prompt removal and
replacement of any personnel employed or retained by the Contractor, or any or Sub -
Contractor engaged by the Contractor to provide and perform services or Work pursuant
to the requirements of the Contract Documents. The Contractor shall respond to the
City within seven (7) calendar days of receipt of such request with either the removal
and replacement of such personnel or written justification as to why that may not occur.
The City shall make the final determination as to the removal of unsatisfactory personnel
from work assigned by City. The Contractor agrees that the removal of any of its
employees does not require the termination or demotion of employee(s).
62. Substantial Completion, Punch List, & Final Completion
The Work shall be substantially complete when the Project Manager, in the reasonable
exercise of his/her discretion determines that the Work is complete and there are no
material and/or substantial variations from the Contract Documents and the Work is fit
for its intended purpose. Upon Substantial Completion, the Project Manager and the
Contractor shall sign the Substantial Completion Inspection Form. The signing of this
form shall not relieve the Contractor from its obligation to complete the Project.
When the Contractor believes that the Work is substantially complete, the Contractor
shall request in writing that the Project Manager or Consultant inspect the Work to
determine if Substantial Completion has been achieved. No request for Substantial
Completion inspection is to be submitted until the Contractor has obtained a
Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary
Certificate of Occupancy or any other approvals from agencies having jurisdiction over
the Work. The Project Manager or Consultant shall schedule the date and time for any
inspection and notify the Contractor and any other parties deemed necessary. During
this inspection, the Project Substantial Completion Inspection Form will be completed as
necessary. Any remaining Construction Work shall be identified on this form and shall be
known as Punch List work. The Punch List shall be signed by the Project Manager
and/or Consultant, , and the Contractor confirming that the Punch List contains the
item(s) necessary to complete the Work. The failure or refusal of the Contractor to sign
the Project Substantial Completion Inspection Form or Punch List shall not relieve the
Contractor from complying with the findings of the Project Substantial Completion
Inspection and completing the Project to the satisfaction of the City
Where the Punch List is limited to minor omissions and defects, the Project Manager
shall indicate that the Work is substantially complete subject to completion of the Punch
List. Where the Project Manager or Consultant determines, on the appropriate form that
the Work is not substantially complete, the Project Manager or Consultant shall provide
a list of all open items necessary to achieve Substantial Completion. Upon completion of
such work, the Contractor shall request another Substantial Completion inspection.
The Project Manager or Consultant, , and the Contractor shall agree on the time
reasonably required to complete all remaining work included in the Punch List.
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Upon the receipt of all documentation, resolution of any outstanding issues and issuance
of final payment, the Project Manager or Consultant shall notify the Contractor in writing
of the closeout of the Project.
The City will prepare a Certificate of Substantial Completion in the form which shall
establish the Date of Substantial Completion. Once substantial completion is achieved
the City shall be responsible for security, maintenance, heat, utilities, damage to the
Project site, and insurance; and shall list all Work yet to be completed to satisfy the
requirements of the ITB for Final Completion. The failure to include any items of
corrective work on such list does not alter the responsibility of Contractor to complete all
of the Work in accordance with the ITB. Warranties required by the ITB shall commence
on the date of Final Acceptance completion of the Work or designated portion thereof
unless otherwise provided in the ITB..
63. Acceptance and Final Payment
Upon receipt of written notice from Contractor that the Work is ready for final inspection
and acceptance, Project Manager and/or Consultant shall, within ten (10) calendar days,
make an inspection thereof. If Project Manager and/or Consultant find the Work
acceptable, the requisite documents have been submitted and the requirements of the
Contract Documents fully satisfied, and all conditions of the permits and regulatory
agencies have been met, a Final Certificate for Payment shall be issued by Project
Manager, stating that the requirements of the ITB have been performed and the Work is
ready for acceptance under the terms and conditions thereof.
Before issuance of the Final Certificate for Payment, Contractor shall deliver to the
Project Manager or Consultant a final release of all liens arising out of the ITB, receipts
in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have
been paid in full and that all other indebtedness connected with the Work has been paid,
and a consent of the surety to final payment; the final corrected as -built drawings; and
the final bill of materials, if required, and payment application. Contractor shall deliver
the written Contractor's and all Manufacturer's warranties prior to issuance of the Final
Certificate for Payment.
If, after the Work has been substantially completed, full completion thereof is materially
delayed through no fault of Contractor, and Project Manager or Consultant so certifies,
City shall, upon such certification of Consultant, and without terminating the Contract or
ITB, make payment of the balance due for that portion of the Work fully completed and
accepted. Such payment shall be made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of claims.
The acceptance of final payment shall constitute a waiver of all claims by Contractor,
except those previously made in strict accordance with the provisions of the Contract
and identified by Contractor as unsettled at the time of the application for final payment.
64. Asbestos Abatement Requirements
The Contractor shall comply with the asbestos abatement requirements of all applicable
laws, codes, rules, regulations and standards that may include but are not limited to the
following:
1. United States Environmental Protection Agency National Emission
Standards for Hazardous Air Pollutants (NESHAPS) 40 CFR 61.
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2. United States Department of Labor, Occupational Safety and Health Act
standards, 29 CFR Part 126.
65. Asbestos Permits and Notifications
The Contractor is responsible for securing all necessary permits, licenses and/or
certifications in conjunction with the Work relative to asbestos handling, removal, hauling
and disposal and timely notification of such actions, as may be required by federal, state
regional and local authorities. The Contractor shall provide the Project Manager with
copies of all required permits and notifications.
Contractor shall notify all agencies having reporting requirements within the time
required by the rules of those agencies or applicable law. The Contractor shall make
payment for any filing or other fees associated with such notification.
Upon receipt of all applicable permits, approvals and notifications required, the Project
Manager shall authorize the Contractor to proceed with the abatement Work.
66. NDPES Requirements
Contractor shall comply with the State of Florida rules and regulations for the National
Pollutant Discharge Elimination System (NPDES) including but not limited to all
permitting, Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP).
All costs for NPDES and SWPPP shall be included in the bid prices. For further
information on compliance requirements for NPDES and SWPPP contact the City of
Miami Public Works Department at (305) 416-1200 or visit the State of Florida website at
http://www.dep.state.fl.us/water/stormwater/npdes/.
67. Force Maleure
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.
If the Contractor is delayed in performing any obligation under an ITB due to a force
majeure condition, the Contractor shall request a time extension from the City within two
(2) working days of said force majeure occurrence. Any time extension shall be subject
to mutual agreement and shall not be cause for any claim by the Contractor for extra
compensation unless additional services are required. Do Not Include inclement
weather except as permitted by Florida law and may not include the acts or omissions of
Sub -contractors.
68. Extension of Time
Any reference in this section to the Contractor shall be deemed to include suppliers, and
permitted Sub -Contractors, whether or not in privities of contract with the Contractor for
the purpose of this article.
If the Contractor is delayed at any time during the progress of the Work beyond the ITB
Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by a Force
Majeure, then the ITB Time set forth in the ITB and/or NTP shall be extended by the City
subject to the following conditions:
• The cause of the delay arises after issuance of the NTP and could not have
been anticipated by the Contractor by reasonable investigation before
proceeding with the Work;
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• The Contractor demonstrates that the completion of the Work will be actually
and necessarily delayed;
• The effect of such cause cannot be avoided or mitigated by the exercise of all
reasonable precautions, efforts and measures whether before or after the
occurrence of the cause of delay.
Note: A delay meeting all the conditions of the above, shall be deemed an
Excusable Delay.
The City reserves the right to rescind or shorten any extension previously granted if
subsequently, the Project Manager determines that any information provided by the
Contractor in support of a request for an extension of time was erroneous; provided
however, that such information or facts, if known, would have resulted in a denial of the
request for an Excusable Delay. Notwithstanding the above, the Project Manager will
not rescind or shorten any extension previously granted if the Contractor acted in
reliance upon the granting of such extension and such extension was based on
information which, although later found to have been erroneous, was submitted in good
faith by the Contractor.
The request for an Excusable Delay shall be made within ten (10) calendar days after
the time when the Contractor knows or should have known of any cause for which it may
claim an extension of time and shall provide any actual or potential basis for an
extension of time, identifying such causes and describing, as fully as practicable at that
time, the nature and expected duration of the delay and its effect on the completion of
that part of the Work identified in the request. The Project Manager may require the
Contractor to furnish such additional information or documentation, as the Project
Manager shall reasonably deem necessary or helpful in considering the requested
extension.
The Contractor shall not be entitled to an extension of time unless the Contractor
affirmatively demonstrates that it is entitled to such extension.
The Project Manager shall endeavor to review and respond to the Contractor's request
for Excusable Delays in a reasonable period of time; however, the Contractor shall be
obligated to continue to perform the Work required regardless of whether the Project
Manager has issued a decision or whether the Contractor agrees or disagrees with that
decision.
With regard to an injunction, strike or interference of public origin which may delay the
Project, the Contractor shall promptly give the Project Manager a copy of the injunction
or other orders and copies of the papers upon which the same shall have been granted.
The City shall be afforded the right to intervene and become a party to any suit or
proceeding in which any such injunction shall be obtained and move to dissolve the
same or otherwise, as the City may deem proper.
The permitting of the Contractor to proceed with the Work subsequent to the date
specified in the applicable ITB (as such date may have been extended by a change
order), the making of any payment to the Contractor, the issuance of any Change Order,
shall not waiver the City's rights under the Contract, including but not limited to the
assessment of liquidated damages or declaring Contractor in default.
69. Notification and Claim for Change of ITB Time or ITB Price
Any claim for a change in this ITB Time or ITB Price shall be made by written notice by
Contractor to the Project Manager and to Consultant within ten (10) business days of the
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Page 58
commencement of the event giving rise to the claim and stating the general nature and
cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the
event giving rise to the claim, written notice of the extent of the claim with supporting
information and documentation shall be provided unless the Project Manager or
Consultant allows an additional period of time to ascertain more accurate data in support
of the claim and such notice shall be accompanied by Contractor's written notarized
statement that the adjustment claimed is the entire adjustment to which the Contractor
has reason to believe it is entitled as a result of the occurrence of said event. All claims
for changes in the ITB Time or ITB Price shall be determined by the Project Manager or
Consultant in accordance with Article 74, Contractor's Damages for Delay hereof, if City
and Contractor cannot otherwise agree. It is expressly and specifically agreed that any
and all claims for changes to this ITB time or ITB price shall be waived if not submitted in
strict accordance with the requirements of this Article.
The ITB Time will be extended in an amount equal to time lost on critical Work items due
to delays beyond the control of and through no fault or negligence of Contractor if a
claim is made therefore as provided in this Article. Such delays shall include, but not be
limited to, acts or neglect by any separate contractor employed by City, fires, floods,
labor disputes, epidemics, abnormal weather conditions or acts of God.
70. Extension of Time not Cumulative
In case the Contractor shall be delayed for any period of time by two or more of the
causes mentioned in Article 83, Excusable, Delays, the Contractor shall not be entitled
to a separate extension for each one of the causes; only one period of extension shall be
granted for the delay.
71. Contractor's 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 this ITB Price 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 or its
Consultant. Otherwise, Contractor shall be entitled only to extensions of this ITB Time
for completion of the Work as the sole and exclusive remedy for such resulting delay, in
accordance with and to the extent specifically provided above.
Except as may be otherwise specifically provided for in the Contract Documents, the
Contractor agrees to make no claim for damages for delay of any kind in the
performance of the Contract Documents whether occasioned by any act or omission of
the City or any of its representatives (whether it is an Excusable Delay or otherwise) and
the Contractor agrees that any such claim shall be compensated solely by an extension
of time to complete performance of the Work. In this regard, the Contractor alone
hereby specifically assumes the risk of such delays, including without limitation: delays
in processing or approving shop drawings, samples or other submittals or the failure to
render determinations, approvals, replies, inspections or tests of the Work, in a timely
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manner. Contractor shall not receive monetary compensation for City delay. Time
extensions may be authorized by the City in certain situations.
72. Excusable Delay, Non-Ccmpensable
Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its
subcontractors, suppliers and vendors, and is also caused by circumstances beyond the
control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or
its subcontractors, suppliers or vendors and by the City or Consultant. Then Contractor
shall be entitled only to a time extension and no compensation for the delay.
Contractor is entitled to a time extension of this ITB Time for each day the Work is
delayed due to Excusable Delay. Contractor shall document its claim for any time
extension as provided in Article 72, Notification of Claim, hereof.
Failure of Contractor to comply with Article 72, Notification of Claim hereof as to any
particular event of delay shall be deemed conclusively to constitute a waiver,
abandonment or relinquishment of any and all claims resulting from that particular event
of delay.
73. Defective Work
Project Manager or Consultant shall have the authority to reject or disapprove Work
which Project Manager or Consultant finds to be defective. If required by Project
Manager or Consultant, Contractor shall promptly either correct all defective Work or
remove such defective Work and replace it with non -defective Work. Contractor shall
bear all direct, indirect and consequential costs of such removal or corrections including
cost of testing laboratories and personnel.
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 Project Manager or Consultant, City shall have the
authority to cause the defective Work to be removed or corrected, or make such repairs
as may be necessary at Contractor's expense. Any expense incurred by City in making
such removals, corrections or repairs, shall be paid for out of any monies due or which
may become due to Contractor, or may be charged against the Performance Bond, if
required by an ITB. In the event of failure of Contractor to make all necessary repairs
'promptly and fully, City may declare Contractor in default.
If, within one (1) year after the date of substantial completion or such longer period of
time as may be prescribed by the terms of any applicable special warranty required by
the Contract Documents, or by any specific provision of this ITB, any of the Work is
found to be defective or not in accordance with the Contract Documents, Contractor,
after receipt of written notice from City, shall promptly correct such defective or
nonconforming Work within the time specified by City without cost to City, to do so.
Nothing contained herein shall be construed to establish a period of limitation with
respect to any other obligation which Contractor might have under the Contract
Documents including but not limited to any claim regarding latent defects.
Failure to reject any defective work or material shall not in any way prevent later
rejection when such defect is discovered, or obligate City to final acceptance.
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74. Acceptance of Defective or Non -Conforming Work
The City, in its sole discretion may elect to accept in writing defective or non -conforming
Work instead of requiring its removal and correction. In such instances, a Change Order
will be issued to reflect an appropriate reduction in the ITB sum, or, if the amount is
determined after final payment, any difference in the amount shall be paid to the City by
the Contractor.
75. Uncovering Finished Work
The Project Manager's, Inspector's and/or Consultant's right to make inspections shall
include the right to order the Contractor to uncover or take down portions of finished
Work. The Project Manager /or Consultant shall notify the Contractor in writing
concerning all uncovered finished Work. Should the Work prove to be in accordance
with the ITB, the uncovering or taking down and the replacing and the restoration of the
parts removed will be treated as Extra Work for the purpose of computing additional
compensation and an extension of time. Should the Work examined prove
unsatisfactory, such uncovering, taking down, replacing and restoration shall be at the
expense of the Contractor. Such expenses shall also include repayment to the City for
any and all expenses or costs incurred by it, including employee salaries or related cost,
in connection with such uncovering, taking down, replacing and restoration at the Project
site.
76. Correction of Work
The Contractor shall promptly correct all Work rejected by the Project Manager or
Consultant as defective or as failing to conform to the Contract Documents, whether
observed before or after Substantial Completion and whether or not fabricated, installed
or completed. The Contractor shall bear all cost of correcting such rejected Work,
including the cost of the City's additional services thereby made necessary.
The Contractor further agrees that after being notified in writing by the Project Manager
or Consultant of any Work not in accordance with the requirements of the Contract
Documents or any defects in the Work, the Contractor will commence and prosecute
with due diligence all Work necessary to fulfill the terms of the Contract and to com plete
the Work within a reasonable period of time, as determined by the Project Manager or
Consultant, and in the event of failure to so comply, the Contractor does hereby
authorize the City to proceed to have such Work done at the Contractor's expense and
that the Contractor will pay the cost thereof upon demand. The City shall be entitled to
all costs, including reasonable attorneys' fees, necessarily incurred upon the
Contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in
the event of an emergency constituting an immediate hazard to the health or safety of
personnel, property, or licensees, the City may undertake, at the Contractor's expense,
without prior notice, all Work necessary to correct such hazardous condition when it was
caused by Work of the Contractor not being in accordance with the requirements of the
Contract.
If, within one (1) year after the date of final completion of the Project or within such
longer period of time as may be prescribed by law, by the ITB, or by the terms of any
applicable special warranty required by the Contract Documents, any of the Work is
found to be defective or not in accordance with the Contract Documents, the Contractor
shall correct it promptly after receipt of a written notice from the City to do so. The City
shall give such notice promptly after discovery of the condition.
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All such defective or non -conforming Work shall be removed from the site if necessary
and the Work shall be corrected to comply with the Contract Documents or the ITB
without cost to the City.
77. Maintenance of Traffic and Public Streets
Scope of Work
The Contractor shall be responsible for the maintenance of public streets and
traffic control necessary to perform the Work under an ITB. The cost of traffic
control shall be included in the Contractor's ITB Price.
Regulations
As used herein, any reference to Miami -Dade County, its departments, or its
published regulations, permits and data, shall be synonymous and
interchangeable with other recognized governing bodies over particular areas or
streets, or their departments, published regulations (i.e., Manual of Uniform
Traffic Control Devices (MUTCD), FDOT Roadway and Bridge Standard Index
Drawing Book), permits or data. The Contractor shall abide by all applicable
laws, regulations, and codes thereof pertaining to Maintenance of Traffic (MOT)
on public streets, detour of traffic, traffic control and other provisions as may be
required for this Project.
Maintenance of Traffic (MOT)
• The Contractor shall be fully responsible for the MOT on public streets, detour of
traffic (including furnishing and maintaining regulatory and informative signs
along the detour route), traffic control, and other provisions, throughout the
Project, as required by the Manual of Uniform Traffic Control Devices (MUTCD),
and FDOT Roadway and Bridge Standard Index drawing Book. Traffic shall be
maintained according to corresponding typical traffic control details as outlined in
the previous noted standards. No street shall be completely blocked, nor
blocked more than one-half at any time, keeping the other one-half open for
traffic, without specific approval.
• If required by the Project Manager or Consultant, Traffic Division or FDOT or as
otherwise authorized by the Project Manager or Consultant, the Contractor shall
make arrangements for the employment of uniformed off -duty policemen to
maintain and regulate the flow of traffic through the work area. The number of
men required and the number of hours on duty necessary for the maintenance
and regulation of traffic flow shall be provided by the City of Miami Police
Department.
• The Contractor shall provide all barricades with warning lights, necessary arrow
boards and signs, to warn motorists of the Work throughout the Project.
Adequate approved devices shall be erected and maintained by the Contractor to
detour traffic.
• Excavated or other material stored adjacent to or partially upon a roadway
pavement shall be adequately marked for traffic safety at all times. The
Contractor shall provide necessary access to all adjacent property during
construction.
• The Contractor shall be responsible for the provision, installation and
maintenance of all MOT and safety devices, in accordance with the Manual of
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Uniform Traffic Control Devices (MUTCD) and FDOT Roadway and Bridge
Standards index drawing book. In addition, the Contractor shall be responsible
for providing the Consultant with MOT plans for lane closures and/or detours for
approval. These plans (sketches) shall be produced, signed and sealed by a
professional Engineer registered in the State of Florida, employed by the
Contractor and certified under FDOT Procedure NPIL No. 625-010-010.
• Where excavations are to be made in the vicinity of signalized intersections,
attention is directed to the fact that vehicle loop detectors may have been
embedded in the pavement. Verify these locations by inspecting the site of the
work and by contacting the Sunshine State One -Call Center (1-800-432-4770),
48 hours prior to any excavation. Any loop detector which is damaged, whether
shown on the Plans or not, shall be repaired or replaced to the satisfaction of the
Miami Dade County Signs and Signal Division (Phone No. 305-592-3470).
• Where applicable, the Contractor shall notify the Traffic Division 24 hours in
advance of the construction date or 48 hours in advance of construction within
any signalized intersection.
• Temporary pavement will be required over all cuts in pavement areas, and also
where traffic is to be routed over swale or median areas. When the temporary
pavement for routing traffic is no longer necessary, it shall be removed and the
swale or median areas restored to their previous condition.
• Pavement markings damaged during construction shall be remarked, as required
by the Traffic Division.
Maintenance of Traffic for Bypass Pumping
• The Contractor shall take appropriate steps to ensure that all temporary pumps,
piping and hoses are protected from vehicular traffic and pedestrian traffic.
Lane Closures
• Where construction of the project shall involve lane closures public streets, the
following shall apply:
• Lane closures require a Lane Closure Permit, obtained two weeks prior to
planned construction, with a minimum 48-hour prior notice to local police and
emergency departments (some police jurisdictions may require considerably
more notice). Lane closures of a one day or less duration will generally not be
approved for major collector streets or for arterial streets during the hours of 7am
to 9am and 4pm to 6pm weekdays.
78. Location and Damage to Existinq_Facilities, Equipment or Utilities
As far as possible, all existing utility lines in the Project area will be shown on the plans.
However, City does not guarantee that all lines are shown, or that the ones indicated are
in their true location. It shall be the Contractor's responsibility to field verify all
underground and overhead utility lines or equipment affecting or affected by the Project.
No additional payment will be made to the Contractor because of discrepancies in actual
and plan location of utilities, and damages suffered as a result thereof.
The Contractor shall notify each utility company involved at least fourteen (14) calendar
days prior to the start of construction to arrange for positive underground location,
relocation or support of its utility where that utility may be in conflict with or endangered
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by the proposed construction. Relocation of water mains or other utilities for the
convenience of the Contractor shall be paid by the Contractor. All charges by utility
companies for temporary support of its utilities shall be paid for by the Contractor. All
costs of permanent utility relocation to avoid conflict shall be the responsibility of the
utility company involved. No additional payment will be made to the Contractor for utility
relocations, whether or not said relocation is necessary to avoid conflict with other lines.
The Contractor shall schedule the Work in such a manner that the Work is not delayed
by the utility providers relocating or supporting their utilities. The Contractor shall
coordinate its activities with any and all public and private utility providers occupying the
right-of-way. No compensation will be paid to the Contractor for any loss of time or
delay.
All overhead, surface or underground structures and utilities encountered are to be
carefully protected from injury or displacement. All damage to such structures is to be
completely repaired within a reasonable time; needless delay will not be tolerated. The
City reserves the right to. remedy such damage by ordering outside parties to make such
repairs at the expense of the Contractor. All such repairs made by the Contractor are to
be made to the satisfaction of the utility owner. All damaged utilities must be replaced or
fully repaired. All repairs are to be inspected by the utility owner prior to backfilling
79. Stop Work Order
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:
■ Cancel the Stop Work Order; or
• Terminate the Work covered by such order as provided in Article 89,
Termination for Convenience.
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 to the Contractor for such -suspension other than extending the time for
Substantial Completion to the extent that, in the opinion of the Project Manger or
Consultant, the Contractor may have been delayed by such suspension. In the event
the Project Manger or Consultant determines that the suspension of Work was
necessary due to Contractor's defective or incorrect Work, unsafe Work conditions
caused by the Contractor or any other reason caused by Contractor's fault or omission,
the Contractor shall not be entitled to an extension of time as a result of the issuance of
a Stop Work Order.
80. Hurricane Preparedness
During such periods of time as are designated by the United States Weather Bureau as
being a hurricane warning, the Contractor, at no cost to the City, shall take all
precautions necessary to secure the Project site in response to all threatened storm
events, regardless of whether the Project Manager or Consultant has given notice of
same.
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Compliance with any specific hurricane warning or alert precautions will not constitute
additional work.
Suspension of the Work caused by a threatened or actual storm event, regardless of
whether the City has directed such suspension, will entitle the Contractor to additional
ITB Time as non-compensable, excusable delay, and shall not give rise to a claim for
compensable delay.
81. Use of Completed Portions
City shall have the right at its sole option to take possession of and use any completed
or partially completed portions of the Project. Such possession and use shall not be
deemed an acceptance or beneficial use or occupancy of any of the Work not completed
in accordance with the Contract Documents. If such possession and use increases the
cost of or delays the Work, Contractor shall be entitled to reasonable extra
compensation, or reasonable extension of time or both, as determined by Project
Manager or Consultant.
In the event City takes possession of any completed or partially completed portions of
the Project, the following shall occur:
• City shall give notice to Contractor in writing at least thirty (30) calendar days
prior to City's intended occupancy of a designated area.
• Contractor shall complete to the point of Substantial Completion the designated
area and request inspection and issuance of a Certificate of Substantial
Completion from Project Manager or Consultant.
• Upon Project Manager or Consultant's issuance of a Certificate of Substantial
Completion, City will assume full responsibility for maintenance, utilities,
subsequent damages of City and public, adjustment of insurance coverage's and
start of warranty for the occupied area.
• Contractor shall complete all items noted on the Certificate of Substantial
Completion within the time specified by Project Manager or Consultant on the
Certificate of Substantial Completion, as specified in the Punch List and request
final inspection and final acceptance of the portion of the Work occupied. Upon
completion of final inspection and receipt of an application for final payment,
Project Manager or Consultant shall issue a Certificate of Final Payment relative
to the occupied area.
• If City finds it necessary to occupy or use a portion or portions of the Work prior
to Substantial Completion thereof, such occupancy or use shall not commence
prior to a time mutually agreed upon by City and Contractor and to which the
insurance company or companies providing the property insurance have
consented by endorsement to the policy or policies. Insurance on the
unoccupied or unused portion or portions shall not be canceled or lapsed on
account of such partial occupancy or use. Consent of Contractor and of the
insurance company or companies to such occupancy or use shall not be
unreasonably withheld.
82. 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 a Project, Contractor
shall remove all its waste materials and rubbish from and about the Project as well as its
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tools, construction 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
Project Manager and/or Consultant shall determine to be just. All combustible waste
materials shall be removed from the Project at the end of each day. Cleaning operations
should be controlled to limit dust and other particles adhering to existing surfaces.
83. Removal of Equipment
In case of termination of this Contract or an ITB before completion for any cause
whatsoever, Contractor, if notified to do so by City, shall promptly remove any part or all
of Contractor's equipment and supplies from the property of City. If the Contractor does
not comply with City's order, the City shall have the right to remove such equipment and
supplies at the expense of Contractor.
84. Set -offs, Withholdings, and Deductions
The City may set-off, deduct or withhold from any payment due the Contractor, such
sums as may be specifically allowed in the Contract or by applicable law including,
without limitation, the following:
• Any amount of any claim by a third party;
• Any Liquidated Damages, and/or;
• Any unpaid legally enforceable debt owed by the Contractor to the City.
The City shall notify the Contractor in writing of any such withholdings.
Any withholding, which is ultimately held to have been wrongful, shall be paid to the
Contractor in accordance with the Local Government Prompt Payment Act
85. Event of Default
An event of default shall mean a breach of the Contract or ITB by the Contractor.
Without limiting the generality of the foregoing and in addition to those instances referred
to herein as a breach, an Event of Default, shall include but not limited to, the following:
• The Contractor has not performed the Work in a timely manner;
• The Contractor has refused or failed, except in case for which an extension of
time is provided, to supply properly skilled staff or provided sufficient
quantities of staff to perform the Work;
• The Contractor has failed to make prompt payment to subcontractors or
suppliers for any services or materials they have provided;
• The Contractor has become insolvent or has assigned the proceeds received
for the benefit of the Contractor's creditors, or the Contractor has taken
advantage of any insolvency statute or debtor/creditor law or if the
Contractor's affairs have been put in the hands of a receiver;
• The Contractor has failed to obtain the approval of the City where required by
the Contract or ITB;
• The Contractor has failed in the representation of any warranties stated
herein;
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• When, in the opinion of the City, reasonable grounds for uncertainty exist with
respect to the Contractor's ability to perform the Work, the City shall notify the
Contractor in writing that it must, within the time frame set forth in the City's
request, provide adequate assurances and a plan of action to the City, in
writing, of the Contractor's ability to perform in accordance with the terms of
the Contract Documents. In the event that the Contractor fails to provide to
the City the requested assurances within the prescribed time frame, the City
may:
o Treat such failure as a repudiation of the Contract or ITB and/or;
o Resort to any remedy for breach provided herein or by law, including
but not limited to, taking over the performance of the Work or any part
thereof either by itself or through others.
• In the event the City may, at its sole discretion terminate the Contract or ITB
for default, the City or its designated representatives may immediately take
possession of all applicable documentation and data.
• Where the City erroneously terminates the Contract or ITB for default, the
terminations shall be converted to a Termination for Convenience, and the
Contractor shall have no further recourse of any nature for wrongful
termination.
86. Notice of Default -Opportunity to Cure
In the event that the City determines that the Contractor is in default of their obligations
under the Contract or an ITB, the City may at its sole discretion notify the Contractor ,
specifying the basis for such default, and advising the Contractor that such default must
be cured within a specified time frame or the Contract or an ITB with the City may be
terminated. The City is under no obligation to issue such notification. The City may
grant an extension to the cure period if the City deems it appropriate and in the best
interest of the City, without waiver of any of the City's rights hereunder, . The City, at its
sole discretion, may have a default corrected by its own forces or another contractor and
any such costs incurred will be deducted from any sums due the Contractor under any
contract with the City.
87. Termination for Default
If Contractor fails to comply with any term or condition of the Contract Documents, or
fails to perform any of its obligations hereunder, then Contractor shall be in default.
Upon the occurrence of a default hereunder which is not cured within the time specified
to cure the default if one has been granted by the City, the Director in addition to all
remedies available to it by law, may immediately, upon written notice to Contractor,
terminate this Contract or an ITB whereupon any advances for which Work has not been
performed, paid by the City to Contractor while Contractor was in default shall be
immediately returned to the City. The Director may also suspend any payment or part
thereof or order a Work stoppage until such time as the issues concerning compliance
are resolved. Contractor understands and agrees that termination of this Contract
under this Article shall not release Contractor from any obligation accruing prior to the
effective date of termination.
A finding of default and subsequent termination for cause may include, without limitation,
any of the following:
■ Contractor fails to obtain the insurance or bonding herein required by a ITB.
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• Contractor fails to comply with any of its duties under the Contract Documents,
with any terms or conditions set forth in this Contract or a ITB, beyond any
specified period allowed to cure such default.
• Contractor fails to commence the Work within the timeframes provided or
contemplated herein, or fails to complete the Work in a timely manner as
required by a ITB.
Where it has been determined that the Contractor has been erroneously terminated
under this Article, such termination shall be deemed to have been occurred under Article
89, Termination for Convenience. The City in its sole discretion may terminate the
Contract or an ITB without providing the Contractor a written notice to cure.
88. Remedies in the Event of Termination for Default
If a Termination for Default occurs, the Contractor and the bond provider, if applicable)
shall be notified of the effective date of the termination and shall be liable for all
damages resulting from the default, including but not limited to:
• Re -procurement costs
• Other direct damages
The Contractor shall stop work as of the date of notification of the termination and
immediately remove all labor, equipment and materials (not owned or paid for by the
City) from the Work Site. The City assumes no liability for the Contractor's failure to
remove such items from the Project site as required.
The Contractor shall also remain liable for any liabilities and claims related to the
Contractor's default.
As an alternative to termination, the City may bring suit or proceedings for specific
performance or for an injunction
89. Termination for Convenience
In addition to cancellation or termination as otherwise provided for in the Contract, the
City may at any time, in its sole discretion, with or without cause, terminate the Contract
or a ITB by written notice to the Contractor. Such Written Notice shall state the date
upon which Contractor shall cease all Work under the Contract or ITB and vacate the
Project site.
The Contractor shall, upon receipt of such notice, unless otherwise directed by the City:
• Stop all Work on the Project on the date specified in the notice ("the
Effective Date");
• Take such action as may be necessary for the protection and preservation of
the City's materials and property;
• Cancel all cancelable orders for materials and equipment;
• Assign to the City and deliver to the site, or any other location specified by the
Project Manager, any non -cancelable orders for materials and equipment that
can not otherwise be used except for work under the Contract and have been
specifically fabricated for the sole purpose of a ITB and not incorporated in the
Work;
• Take no action that shall increase the amounts payable by the City under the
Contract Documents; and
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• Take reasonable measures to mitigate the City's liability under the Contract
Documents.
• All charts, sketches, studies, drawings, reports and other documents, including
electronic documents, related to Work authorized under the Contract or an ITB,
whether finished or not, must be turned over to the City. Failure to timely
deliver the documentation shall be cause to withhold any payments due without
recourse by Contractor until all documentation is delivered to the City.
In the event that the City exercises its right to terminate the Contract or an ITB pursuant
to the Contract Documents, the City will pay the Contractor:
• For the actual cost or the fair and reasonable value, whichever is less, of (1) the
portion of the Project completed in accordance with this ITB through the
completion date, and (2) non -cancelable material(s) and equipment that is not of
any use to the City except in the performance of this ITB, and has been
specifically fabricated for the sole purpose of this ITB but not incorporated in the
Work; and
• To the extent practical, the fair and reasonable value shall be based on the
price established as a result of this ITB. In no event, shall any payments under
this Paragraph exceed the maximum cost set forth in this ITB.
• The amount due hereunder may be offset by all payments made to the
Contractor.
• All payments pursuant to this Article shall be accepted by the Contractor in full
satisfaction of all claims against the City arising out of the termination including,
Further, the City may deduct or set off against any sums due and payable
under this Article any claims it may have against the Contractor.
• Contractor shall not be entitled to lost profits, overhead or consequential
damages as a result of a Termination for Convenience.
• All payments made under the Contract are subject to audit
9Q. Resolution of Disputes
To minimize all disputes and litigation, it is agreed by the parties hereto that the Director
or designee shall decide all claims, and disputes of whatever nature which may arise
relative to the interpretation of the Contract Documents and fulfillment of the Contract
Documents 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 the Director's estimates and decisions upon all claims, and
disputes shall be final and binding. Any claim, or dispute which cannot be resolved by
mutual agreement of the Project Manager, Consultant and Contractor shall be submitted
to the Director in writing within fourteen (14) calendar days. The Director or designee
shall notify the Consultant and Contractor in writing of his/her decision within fourteen
(14) calendar days from the date of the submission of the claim, or dispute, unless the
Director requires additional time to gather information or allow the parties to provide
additional information. During the pendency of any dispute and after a determination
thereof, Contractor, Consultant and City shall act in good faith to mitigate any potential
damages including utilization of construction schedule changes and alternate means of
construction.
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 fourteen (14) calendar days of receipt of the written determination. The notice
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must state the basis of the objection and must be accompanied by a statement that any
ITB Price or ITB Time 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) calendar 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.
91 Mediation -Waiver of Jury Trial
In an effort to engage in a cooperative effort to resolve conflict which may arise during
the course of the construction of a Project, and/or following the completion of the Project,
the parties to this Contract agree all unresolved disputes between them shall be
submitted to non -binding mediation prior to the initiation of litigation, unless otherwise
agreed in writing by the parties. A certified Mediator, who the parties find mutually
acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of
Florida. The parties will share the costs of a certified Mediator on a 50/50 basis. The
Contractor agrees to include such similar contract provisions with all Sub -Contractors
retained for the Work, thereby providing for non -binding mediation as the primary
mechanism for dispute resolution.
In an effort to expedite the conclusion of any litigation the parties voluntarily waive their
right to jury trial or to file permissive counterclaims in any action arising under this
Contract.
92. City May Avail Itself of All Remedies
The City may avail itself of each and every remedy herein specifically given to it now or
existing at law or in equity, and each and every such remedy shall be in addition to every
other remedy so specifically given or otherwise so existing and may be exercised from
time to time and as often and in such order as may be deemed expedient by the City.
The exercise, or the beginning of the exercise, of one remedy shall not be deemed a
waiver of the right to exercise, at the same time or thereafter, of any other remedy. The
City's rights and remedies as set forth in the Contract Documents are not exclusive and
are in addition to any other rights and remedies in law or in equity.
93. Permits, Licenses and Impact Fees
Except as otherwise provided within this ITB, 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 the Contract Documents 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.
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.
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94. Compliance with Applicable Laws
The Contractor shall comply with all applicable laws, regulations, building and
construction codes of the Federal government, the State of Florida, the County, and the
City of Miami.
The attention of the Contractor is directed to the requirements of the Florida Building
Code and the Codes of Miami -Dade County and the City of Miami, Florida, governing
the qualifications for Contractor and Sub -Contractor doing business anywhere in the
City.
95. Independent Contractor
The Contractor is engaged as an independent business and agrees to perform Work as
an independent contractor. In accordance with the status of an independent contractor,
the Contractor covenants and agrees that the Contractor will conduct business in a
manner consistent with that status, that the Contractor will not claim to be an officer or
employee of the City for any right or privilege applicable to an officer or employee of the
City, including, but not limited to: worker's compensation coverage; unemployment
insurance benefits; social security coverage; retirement membership, or credit.
The Contractor's staff shall not be employees of the City, and the Contractor alone shall
be responsible for their Work, the direction thereof, and their compensation and benefits
of any kind. Nothing in the Contract shall impose any liability or duty on the City on
account of the Contractor's acts, omissions, liabilities or obligations of those of any
person, firm, company, agency association, corporation, or organization engaged by the
Contractor as a subcontractor, expert, consultant, independent contractors, specialist,
trainee, employee, servant or agent or for taxes of any nature, including, but not limited
to: unemployment insurance; worker's compensation and anti -discrimination, or
workplace legislation of any kind. The Contractor hereby agrees to indemnify and hold
harmless the City against any such liabilities, even if they arise from actions directed or
taken by the City.
95. Third Party Beneficiaries
Neither Contractor nor City intends to directly or substantially benefit a third party by this
Contract. Therefore, the parties agree that there are no third party beneficiaries to this
Contract and that no third party shall be entitled to assert a claim against either of them
based upon this Contract. The parties expressly acknowledge that it is not their intent to
create any rights or obligations in any third person or entity under this Contract
96. Successors and Assigns
The performance of this Contract shall not be transferred pledged, sold, delegated or
assigned, in whole or in part, by the Contractor without the written consent of the City. It
is understood that a sale of the majority of the stock or partnership shares of the
Contractor, a merger or bulk sale, an assignment for the benefit of creditors shall each
be deemed transactions that would constitute an assignment or sale hereunder requiring
prior City approval.
Any transference without City approval shall be cause for the City to nullify this Contract.
Any assignment without the City's consent shall be null and void. The Contractor shall
have no recourse from such cancellation. The City may require bonding, other security,
certified financial statements and tax returns from any proposed assignee and the
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execution of an assignment/ assumption agreement in a form satisfactory to the City
Attorney as a condition precedent to considering approval of an assignment.
The Contractor and the City each binds one another, their partners, successors, legal
representatives and authorized assigns to the other party of this Contract and to the
partners, successors, legal representatives and assigns of such party in respect to all
covenants of this Agreement.
97. Materiality and Waiver of Breach
City and Contractor agree that each requirement, duty, and obligation set forth in this
Contract Documents is substantial and important to the formation of the Contract
Documents and, therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of the Contract Documents. A waiver of any
breach of a provision of the Contract Documents shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of the
Contract Documents.
98. Severability
In the event the any provision of the Contract Documents is determined by a Court of
competent jurisdiction to be illegal or unenforceable, then such unenforceable or
unlawful provision shall be excised from this Contract, and the remainder of the Contract
Documents shall continue in full force and effect. Notwithstanding the foregoing, if the
result of the deletion of such provision will materially and adversely affect the rights of
either party, such party may elect, at its option, to terminate the Contract in its entirety.
An election to terminate the Contract based upon this provision shall be made within
seven (7) calendar days after the finding by the court becomes final.
99. Applicable Law and Venue of Litigation
This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade
County, Florida.
100. Amendments
No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document prepared with the same or
similar formality as this Contract and executed by the City Manager, Director or
designee.
101. Entire Agreement
The Contract Documents, as it may be amended from time to time, represents the entire
and integrated Contract between the City and the Contractor and supersedes all prior
negotiations, representations or agreements, written or oral. This Contract may not be
amended, changed, modified, or otherwise altered in any respect, at any time after the
execution hereof, except by a written document executed with the same formality and
equal dignity herewith. Waiver by either party of a breach of any provision of the
Contract Documents shall not be deemed to be a waiver of any other breach of any
provision of the Contract Documents.
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102. Nondiscrimination, Equal Employment Opportunity, and Americans with
Disabilities Act
Contractor shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this
Agreement. Contractor shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act (ADA) in the course of providing any services funded by
City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of
disability), and all applicable regulations, guidelines, and standards. In addition,
Contractor shall take affirmative steps to ensure nondiscrimination in employment
against disabled persons.
Contractor's decisions regarding the delivery of services under the Contract Documents
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.
103 Evaluation
Contractor acknowledges that upon completion of the of the Work under an ITB and/or
at any other time deemed appropriate by the City a performance evaluation report will be
completed by the City. A copy of each performance evaluation shall also be forwarded
to the Contractor. The performance evaluations will be kept in City files for evaluation
on future solicitations.
104. 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.
105. 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 construction of the Work or appurtenances, are hereby
included in the prices stipulated in a ITB for said Work.
106. Continuation of the Work
Any Work that commences prior to and will extend beyond the expiration date of the
current contract period shall, unless terminated by mutual written agreement between
the City and the involved contractor, continue until completion at the same prices, terms
and conditions.
107. Review of Records
City shall have the right to inspect and copy, at City's expense, the books and records
and accounts of Contractor which relate in any way to the Project, and to any claim for
additional compensation made by Contractor, and to conduct an audit of the financial
and accounting records of Contractor which relate to a Project and to any claim for
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additional compensation made by Contractor including but not limited to all payroll
records, invoices for materials, and books of accounts. Such records shall conform to
Generally Accepted Accounting Principles requirements (GAAP), and shall only address
those transactions related to the Contract.
Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119,
shall be kept in accordance with such statute. Otherwise Contractor shall retain and
make available to City all such books and records and accounts, financial or otherwise,
which relate to the Project and to any claim for a period of five (5) years following Final
Completion of the Project.
The Contractor agrees to maintain an accounting system that provides for accounting
records that are supported with adequate documentation and adequate procedures for
determining allowable costs.
Contractors shall develop the proper forms and reports acceptable to the City for the
administration and management of the Contract Documents.
108. No Interest
Any monies not paid by City when claimed to be due to Contractor under the Contract
Documents, including, but not limited to, any and all claims for 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.
109. Payments Related to Guaranteed Obligations
The City may withhold from any payments to be made such sums as may reasonably be
necessary to ensure completion of the Project with respect to defective Work, equipment
or materials which may be identified by the Project Manager.
The City may deduct from any payment due the Contractor an amount equal to its cost
incurred on account of the Contractor's failure to fully perform its obligations under the
Contract and any ITB issued under the Contract.
The Project Manager, prior to withholding or deducting any monies hereunder, shall give
the Contractor notice of the defective Work, equipment or material and the basis for the
withholding or deduction.
Upon the Project Manager's determination that the Contractor has fulfilled its obligations,
the City will pay the Contractor any monies owed, subject to Contractor's submission of,
or compliance with, any remaining documentation or obligation, as the case may be, in
accordance with the Contract Documents
110. Consent of City Required for Subletting or Assignment
If the Contractor assigns, transfers, sublets or otherwise disposes of the Contract or its
right, title or interest in or to the same or any part thereof without the previous consent in
writing of the City, such action shall be an Event of Default. Nothing herein shall either
restrict the right of the Contractor to assign monies due to, or to become due or be
construed to hinder, prevent or affect any assignment by the Contractor for the benefit of
its creditors, made pursuant to applicable law.
111. Agreement Limiting Time in Which to Bring Action Against the City
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In the event the Contractor may be deemed to have a cause of action against the City,
no action shall lie or be maintained by the Contractor against the City upon any claim
arising out of or based upon the Contract Documents by reason of any act or omission
or requirement of the City or its agents, unless such action shall be commenced within
six (6) months after the date of issuance of a final payment under the ITB, or if final
payment has not been issued within six (6) months of substantial completion of the Work
under an ITB or upon any claim relating to monies required to be retained for any period
after the issuance of the said certificate, unless such action is commenced within six (6)
months after such monies become due and payable under the terms of the Contract
Documents, or if the Contract is terminated or declared abandoned under the provisions
of the Contract unless such action is commenced within six (6) months after the date of
such termination or declaration of abandonment by the City.
112. Defense of Claims
Should any claim be made or any legal action brought in any way relating hereto or to
the Work hereunder, except as expressly provided herein, the Contractor shall diligently
render to the City, after additional compensation is mutually agreed upon, any and all
assistance which the City may require of the Contractor.
113. Contingency Clause
Funding for this Contract is contingent on the availability of funds and continued
authorization for program activities and the Contract is subject to amendment or
termination due to lack of funds, reduction of funds and/or change in regulations, upon
thirty (30) days notice.
114. Mutual Obligations
This document, all ITBs, change order, field directive, and written clarifications issued
under the Contract, and the Contractor's submittals, shall constitute the Contract
Documents between the parties with respect hereto and supersedes all previous
communications and representations or agreements, whether written or oral, with
respect to the subject matter hereto unless acknowledged in writing by their duly
authorized representatives.
Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any
third party that is not a parent or subsidiary of a party or otherwise related (by virtue of
-owner-ship contr-of-or-statutory control) to a party.
In those situations where the Contract Documents imposes an indemnity obligation on
the Contractor, the City, may at its expense, elect to participate in the defense of the
claim if the City should so choose. Furthermore, the City may, at its own expense,
defend or settle any such claim if the Contractor fails to diligently defend such claim, and
thereafter seek indemnity for such cost from the Contractor.
115. Contract Extension
The City reserves the right to exercise its option to extend this Contract for up to ninety
(90) calendar days beyond the original contract period. In such event, the City will notify
the Contractors in writing of such extensions.
116. Non -Exclusivity
It is the intent of the City to enter into a Contract with all successful Bidders that will
satisfy its needs as described herein. However, the City reserves the right, as deemed
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a
in its best interest, to perform, or cause to be performed, the work and services, or any
portion thereof, herein described in any manner it sees fit, including but not limited to:
award of other contracts, use of any contractor, or perform the work with its own
employees.
117. Nature of the Agreement
The Contractor shall provide the services set forth in the Contract Documents including
any awarded ITBs. The Contractor shall provide full and prompt cooperation with the
City in all aspects of the Work to be performed.
The Contractor acknowledges that the Contract Documents require the performance of
all things necessary for or incidental to the effective management and performance of a
Project. All things not expressly mentioned in the Contract Documents, but necessary to
carrying out its intent are required by the Contract Documents, and the Contractor shall
perform the same as though they were specifically mentioned, described and delineated.
The Contractor shall furnish all labor, materials, tools, supplies and other items required
for the completion of the Contract. All Work shall be accomplished at the direction of
and to the satisfaction of the Project Manager.
118. Contract Documents Contains all Terms
The Contract Documents and all documents incorporated herein by reference contain all
the terms and conditions agreed upon by the parties hereto, and no other agreement,
oral or otherwise, regarding the subject matter of the Contract Documents shall be
deemed to exist or to bind any of the parties hereto, or to vary any of the terms
contained herein.
119. Applicable Law and Venue of Litigation
This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade
County, Florida.
120. Survival
The parties acknowledge that any of the obligations in the Contract Documents will
survive the term, termination and cancellation hereof. Accordingly, the respective
obligations of the Contractor and the City under the Contract, which by nature would
continue beyond the termination, cancellation or expiration thereof, shall survive
termination, cancellation or expiration thereof.
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Section 3 - Supplemental Terms and Conditions
1. The Contract Sum (Pricing)
Method of response by Contractor(s) shall be stated on the ITB, (ex. time, materials,
time only, cost plus, lump sum, fixed price plus), and shall include at a minimum, all
labor, supervision, material and equipment, and any other items and/or incidentals
identified by the City in the request for quotations, necessary to perform the Work. .
The City, at its sole discretion, may reject quotations where the City determines that the
Contractor has submitted a price that is unbalanced or insufficient to perform the Work
or is in excess of the City's estimate to perform the Work or where the City has
determined that the Contractor does not have the resources available to complete the
Work in the stipulated timeframe. Where such circumstances exist, the City may elect to
award to the next low bidder, obtain additional quotations, issue a separate solicitation,
or utilize in-house forces to complete the Work.
To obtain a copy of the ITB tabulation and/or award, Bidders shall enclose an
appropriately sized self-addressed, stamped envelope. Bid tabulations or awards will
not be given by telephone or facsimile.
2. Schedule of Values
The Contractor must submit three copies of a Schedule of Values, which must be
submitted within ten (10) calendar days of the issuance of the Notice of Award for all
Projects when the ITB time for completion exceeds thirty (30) days. An ITB may
stipulate that a Schedule of Values may be submitted for projects where the time for
completion is less than thirty (30) days.
The Schedule of Values shall indicate a complete breakdown of labor and material of all
categories of Work on the Project. Proportional shares of the Contractor's overhead and
profit should be included in each line item. Each line item shall be identified with the
number and title of the major specification section or major components of the items.
The Project Manager or Consultant may require further breakdown after review of the
Contractor's submittal The City reserves the right to require such information from the
Contractor as may be necessary to determine the accuracy of the Schedule of Values.
The combined total value for mobilization under both Schedules of Values shall not
exceed 10% of the value of this ITB award.
The approved schedule of values, with a list of change orders, if any, shall be updated
and included with each payment application.
3. Project Schedules
Contractor shall submit a proposed Project schedule as follows:
Schedule identifying all tasks within the critical path for all Projects in excess
of thirty (30) days. The proposed Project schedule shall be submitted within
ten (10) calendar days of the Notice of Award and such submittal shall be
subject to the Project Managers review and acceptance. Upon acceptance of
said schedule the Contractor shall establish said schedule as the baseline
schedule.
• All updates of schedules shall be tracked against said baseline schedule and
shall be at a minimum submitted with each pay application. An updated
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schedule against the baseline shall also be submitted upon execution of each
change order that impacts the ITB Time for completion. Failure to submit
such schedules shall result in the rejection of any submitted payment
application.
• All Project Schedules shall be prepared in Microsoft Project 2003 or earlier.
At the time of submission of schedules Contractor shall submit a hard copy
as well as an electronic version. Such electronic version shall not be
submitted in a .pdf format and shall be capable of being incorporated in to the
City's baseline schedules.
■ Upon approval of the initial schedule submission by the City the Contractor
shall establish the accepted schedule as the "baseline schedule". Contractor
shall then prepare and submit all updates to the schedules utilizing the
tracking mode within Microsoft Project.
4. Progress Payments
Contractor may make application for payment for Work completed during the Project at
intervals of not more than once a month or upon completion and Final Acceptance of the
Work. Where the time frame for completion of the work is less than or equal to one
month or a Schedule of Values is not required, the Contractor shall submit the
appropriate documentation as defined below. Supporting evidence to be included with
any application for payment shall include, but is not limited to, an updated progress
schedule as required by Article 22 of the Supplemental Terms and Conditions and a
partial or final release of liens or consent of Surety relative to the Work, which is the
subject of the application for payment and any other information required by the Project
Manager or Consultant. Each application for payment shall be submitted in triplicate
for approval. City shall make payment to Contractor within thirty (30) days after approval
of Contractor's application for payment.
Ten percent (10%) of all monies earned by Contractor shall be retained by City until
Final Acceptance by the City Any interest earned on retainage shall accrue to the benefit
of City. All requests for retainage reduction shall be in writing in a separate stand alone
document.
City may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:
• Defective work not remedied.
• Claims filed or reasonable evidence indicating probable filing of claims by
other parties against Contractor or City because of Contractor's performance.
• Failure of Contractor to make payments properly to Subcontractors or for
material or labor.
• Damage to another contractor not remedied.
• Liquidated damages and costs incurred by City and/or Consultant for
extended construction administration.
Failure of Contractor to provide any and all documents required by the
Contract Documents.
When the above grounds are removed or resolved satisfactory to the Project Manager,
payment shall be made in whole or in part.
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The City will pay, and the Contractor shall accept as full compensation for completing a
Project under an ITB, the sums specified in the Contractor's submittal to the ITB, as
accepted by the City.
Contractor may be paid for materials or equipment purchased and stored at the Project
Site or another location. Where a payment request is made for materials or equipment
not incorporated in the Project, but delivered and suitably stored at the site or at some
other location agreed upon in writing, the written documentation must be submitted at
the time of request for payment. Payment shall be conditioned upon submission by the
Contractor of paid invoices and an executed Material Purchased/Stored On -Premises
form to establish the City's title to such materials or equipment, or otherwise protect the
City's interest, including applicable insurance in the name of City of Miami and
transportation to the site.
Contractor retains sole liability to replace such stored materials or equipment as a result
of damage or loss for any reason.
5. Release of Liens/Subcontractor's Statement of Satisfaction
The Contractor warrants and guarantees that title to all Work, materials and equipment
covered by an application for payment, whether incorporated in the Project or not, will
pass to the City upon the receipt of such payment by the Contractor, free and clear of all
liens, claims, security interests or encumbrances and that no Work, materials or
equipment will have been acquired by the Contractor or by any other person performing
Work at the site or furnishing materials and equipment for the Project, subject to an
agreement under which an interest therein or an encumbrance thereon is retained by the
seller or otherwise imposed by the Contractor or such other person.
The Contractor shall, beginning with the second request for payment, attach a Partial
Release of Lien/Subcontractor's Statement of Satisfaction for each application for
payment. Failure to submit such documentation may delay payments. The City may, in
its sole discretion withhold payments for Work performed by Subcontractor where no
release of lien has been submitted. The Contractor shall submit with the final payment
request, for any Project where subcontractors have performed Work, a Final Release of
Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as a final.
Failure to submit such documentation will result in delay in payment or the City
withholding from the final payment such funds as necessary to satisfy any Subcontractor
claims.
Where the Contractor has submitted a Performance/Payment Bond the Contractor may,
in lieu of the Release of Lien/Subcontractor's Statement of Satisfaction, submit Consent
of Surety to Requisition Payment.
6. Progress Meetings
The City shall conduct a pre -construction conference prior to the commencement of the
Work. Contractor shall hold progress and coordination meetings as required by the
project Manager or Engineer, to provide for the timely completion of the Work.
Contractor shall arrange and conduct regular monthly job site Project status meetings
with the Project Manager and/or Consultant. Contractor shall use the job site meetings
as a tool for the pre -planning of Work and enforcing schedules, and for establishing
procedures, responsibilities, and identification of authority for all parties to clearly
understand. During these meetings, Contractor shall identify the party or parties
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responsible for following up on any problems, delay items or questions, and Contractor
shall note the action to be taken by such party or parties. Contractor shall revisit each
pending item at each subsequent meeting until resolution is achieved. Contractor shall
attempt to obtain from all present any potential problems or delaying event known to
them for appropriate attention and resolution. Contractor shall be responsible for
keeping minutes of the meeting and distribution of the minutes to all parties in
attendance.
The Contractor shall arrange for the participation of its subcontractors and/or vendors
when the Project Manager requires their presence.
The Contractor shall maintain minutes of the meeting and distribute copies of the
minutes to all parties in attendance.
7. Request for Information
The Contractor shall submit a Request for Information (RFI) where the Contractor
believes that the ITB specifications or drawings are unclear or conflict. All requests must
be submitted in a manner that clearly identifies the drawing and/or specification section
where clarification or interpretation is being requested. As part of the RFI, Contractor
shall include its recommendation for resolution. The City shall respond in writing.
8. Substitutions
Whenever materials or equipment are specified or described in the ITB by using the
name of a proprietary item or the name of a particular supplier, the naming of the item is
intended to establish the type, function and quality required. Unless the name is followed
by words indicating that no substitution is permitted, materials or equipment of other
suppliers may be accepted by the Project Manager or Consultant and if sufficient
information is submitted by Contractor to allow the Project Manager or Consultant and to
determine that the material or equipment proposed is equivalent or equal to that named.
Requests for review of substitute items of material and equipment will not be accepted
by the Project Manager or Consultant from anyone other than Contractor.
If the Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager or Consultant for acceptance
thereof, certifying that the proposed substitute shall perform adequately the functions
and achieve the results called for by the general design, be similar and of equal
substance to that specified and be suited to the same use as that specified. The
application shall state that the evaluation and acceptance of the proposed substitute will
not prejudice Contractor's achievement of Substantial Completion on time, whether or
not acceptance of the substitute for use in the Work will require a change in any of this
ITB to adapt the design to the proposed substitute and whether or not incorporation or
use by the substitute in connection with the Work is subject to payment of any license
fee or royalty. All variations of the proposed substitute from that specified will be
identified in the application and available maintenance, repair and replacement service
shall be indicated. The application also shall contain an itemized estimate of all costs
that will result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager or Consultant in evaluating the proposed
substitute. The Project Manager or Consultant may require the Contractor to furnish at
Contractor's expense additional data about the proposed substitute.
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If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by this ITB, Contractor may furnish or utilize a substitute means,
method, technique, sequence or procedure of construction acceptable to the Project
Manager or Consultant, if the Contractor submits sufficient information to allow the
Project Manager or Consultant to determine that the substitute proposed is equivalent to
that indicated or required by this ITB. The procedures for submission to and review by
the Project Manager or Consultant shall be the same as those provided herein for
substitute materials and equipment.
The Project Manager or Consultant shall be allowed a reasonable time within which to
evaluate each proposed substitute. The Project Manager or Consultant shall be the sole
judges of the acceptability of any substitute. No substitute shall be ordered, installed or
utilized without the Project Manager or Consultant prior written acceptance which shall
be evidenced by either a Change Order or an approved submittal. The Project Manager
or Consultant may require the Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute. If the City and the
Engineer rejects the proposed substitute, at their discretion, the City may require the
Contractor to reimburse the City for the charges of the Consultant for evaluating the
proposed substitute.
Contractor shall maintain sole liability and responsibility for ensuring that all substitutions
and any required design of such are in full compliance with and meet all the
requirements of the ITB.
9. Project Site Facilities
As required by an ITB the Contractor shall arrange for all Project -site facilities as maybe
necessary to enable the Project Manager or Consultant to perform their respective
duties and to accommodate any representatives of the City which the City may choose
to have present at the Project. Project -site facilities, include, but are not limited to such
things as trailers, toilets, typewriters, computers and any other equipment necessary to
carry on the Construction Work
Contractor's, Sub -Contractor's, supplier's, materialmen's personnel shall not use the City
restrooms that may be available at the Project site without the prior consent of the
manager of the facility or the Project Manager where there is no manager of a facility.
The Contractor shall provide and maintain at his own expense, in a sanitary condition,
such accommodations for the use of his employees as is necessary to comply with the
requirements including Chapter 46 of the Building Code and regulations of the State of
Florida Department of Health and Rehabilitative Services or Dade County Health
Department. The Contractor, his employees or his Sub -Contractors shall commit no
public nuisance or use any facilities that have not been specifically provided for use by
the Contractor.
The Contractor shall furnish an adequate supply of drinking water for its and its Sub -
Contractors' employees.
There shall be adequate provisions made by the Contractor to ensure all disposable
materials are properly disposed of and do not create a nuisance to the City or the public.
The location of the temporary facilities shall be subject to the approval of the Project
Manager or Consultant,
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The Contractor shall be required to obtain all necessary permits required for any Project
site facilities. Contractor shall also be responsible to maintain such facilities in a safe
and working condition.
All such facilities remain the property of the Contractor and the Contractor shall be
responsible for removal and disposal of such facilities prior to Final Acceptance.
10. Project Laboratory Testing Services
The City shall provide and pay for all Project Laboratory Services to perform quality
assurance and quality control testing, except for those that may be required by
regulatory agencies. Contractor shall be responsible for the costs associated with all
such tests.
11. Security
The site where the Work is to be performed may not be a secure site and the public may
have access to the site. The Contractor shall have sole responsibility for the security of
all Work materials, tools, equipment and Work at the Project site. The City shall not be
liable for any damage or loss to such materials, tools, equipment and Work and the
Contractor shall be responsible for the repair or replacement of all Work such materials,
tools, and equipment.
12. Construction Signage
Where required by an ITB the Contractor shall provide construction signage.
The City shall provide the Contractor the wording and layout for the signs at the pre -
construction conference. The Contractor shall furnish the two City of Miami signs at the
Project Site as follows:
■ The first sign must be manufactured by Image 2000, 45 East 9tr, Court,
Hialeah, Florida (305) 884-2240 or approved equal. The sign shall be 4 feet
wide and 8 feet high and constructed of pressure sensitive 2 mil cast vinyl
overmounted with 3 mil mylar and mounted to 1 MDO with painted back. The
sign shall be mounted on 4 inch square wood or perforated "U" channel metal
posts painted white, and be readable at eye level. The colors to be used on
the sign are as follows: the background shall be white with blue lettering; the
seal shall be white and gold with blue lettering form.
• The second sign shall reflect other funding sources for the project and shall
reflect the Project information. The sign shall be 4 feet wide by 8 feet high by
3/ inch (thick) exterior plywood, suitably mounted and readable at eye level.
The colors shall be blue and white. The background shall be white and all
lettering shall be blue Helvetica. All paint shall be rated outdoor enamel. The
City will provide the City Seal in decal form.
• The Contractor shall also post appropriate construction site warning signs at
the Work Site. Such signs shall be posted to warn pedestrian and vehicle
traffic. Signage shall also be placed waterside to alert boater to the
construction zone, requiring idle speed and a minimum clearance distance.
Contractor shall provide drawings for the signage, which shall be subject to
approval by the Consultant.
• The Project Manager and the City shall approve the locations for all signage.
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
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13. Warranty of Construction
The Contractor shall warrant that the Work conforms to the Contract and is free
of any patent and/or latent defect of the workmanship for a minimum period of
one year from the date of Final Completion.
Exception to the above warranty:
• The warranty hereunder shall be in addition to whatever rights the City
may have under law. The Contractor's obligation under this warranty
shall be at its own cost and expense, to promptly repair or replace
(including cost of removal and installation), that item (or part or
component thereof) which proves defective or fails to comply with the
Contract within the warranty period such that it complies with the
Contract.
• In the event the Contractor fails to repair or replace defective Work in
accordance with the terms of the Contract, and this warranty, the City
shall have the right to collect such costs incurred or withhold the cost
of the anticipated repairs by offsetting the amount against any payment
due the Contractor under any contract between the City and the
Contractor.
• As specified in the Contract Documents
• All guarantees and warranties under the Contract are fully enforceable
by the City acting in its own name.
14. Hours Of Operation
Contractor may perform Work between the hours of 7:30 am and 3:30 pm,
Monday through Friday. Any Work outside these hours or on weekends requires
the prior written approval of the Consultant.
15. Progress Payment Details
15.1 Miscellaneous Items of Construction
The plans and specifications include and/or require certain miscellaneous items
of construction including but not limited to: exploratory excavation; sheeting,
shoring or bracing; dewatering; wellpoints; disposing of excess or unsuitable fill
material; cutting and installing plugs; furnishing joint materials including lubricant;
protecting existing utilities; making all pipe connections; removal and disposal of
existing storm sewer pipes and structures where specified; cleaning and testing;
placing and compacting backfill; installing additional suitable backfill material and
temporary paving; removing and replacing water and sanitary services, mail
boxes, fences, walls, sprinkler systems, and all other similar items as required or
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 83
necessary, to restore the work area to equal or better than original conditions;
and other appurtenant and miscellaneous items necessary for a complete and
operational system. No separate payment will be made for such items, rather the
cost for such items shall be included in the various pay items, whether
specifically called out or not.
15.2 Pay Items
Unless otherwise indicated below, pay items shall be in
accordance with Florida Department of Transportation
Standard Specifications for Road and Bridge Construction,
2000 Edition, as modified by these Supplementary
Conditions and the Special Technical Provisions.
• Mobilization — Lump Sum for preparatory work and operations in
mobilizing for beginning work on the project, including moving of
equipment, materials, supplies, and incidentals to and from the
project site, including all setup and breakdown, the cost for safety
equipment, first aid supplies, sanitary and other facilities, rental of
storage areas, off site clean up. All other costs incurred to
commence and terminate construction shall be considered
incidental and necessary as part of the lump sum amount. Include
the cost of bonds and any required insurance and any other
preconstruction expense necessary for the start of the work.
Partial payment will be in accordance with FDOT Section 101
schedule.
• Maintenance of Traffic — Lump Sum for furnishing traffic control
including but not limited to flag persons, cones, markers, signs,
lighting, flags, and other control devices for directing traffic and
maintaining safety, and other aids for the duration of project.
Included in this bid item is the payment for off duty Law
Enforcement Officers to control and direct traffic, and payment for
placement, maintenance, removal and disposal of temporary
trench restoration (cold patch) prior to final paving. Since this item
is bid as a lump sum, payment will be in accordance with the cost
breakdown as approved by the Consultant and measured as
required by and satisfactory to the Consultant. In addition to all
MOT devices required to conform to FDOT Standards, the MUTCD
and the City of Miami Standards, an additional 100 (ED) Type II
barricades and 50 (ED) temporary construction signs are to be
included in the Maintenance of Traffic pay item for the specific use
as directed by the Consultant.
• Asphalt Driveway Restoration — Payment will be made per
square yard of asphalt driveway restoration completed and
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 84
accepted consisting of 1" Type S-III asphaltic concrete surface,
and 6" limerock base course in accordance with the plans and
specifications. Included in this bid item is the payment for
placement and compaction of materials, prime and tack coats, as
well as all required equipment, labor, shop drawings, testing,
submittals and appurtenant work.
• Concrete Driveway Restoration — Payment will be made per
square yard of concrete driveway restoration completed and
accepted consisting of 6" thick, Class I concrete and compacted
subbase in accordance with the plans and specifications. Included
in this bid item is the payment for placement and compaction of
materials, formwork, finishing, coloring and texturing concrete to
match existing, as well as all required equipment, labor, shop
drawings, testing, submittals and appurtenant work.
• Manatee Barrier for 48", 60" and 72" Endwall — Each for
furnishing and installing the Endwall Grate (Manatee Barrier) in
accordance with the Details on the Plans. The price bid shall be
full compensation for furnishing all necessary labor, materials,
tools, and equipment and for performing all work required for the
complete installation of the Endwall Grate, ready for service, and
shall include dewatering; making all connections; and all other
appurtenant and miscellaneous items and work. Included in the
cost are all survey, submittals, and shop drawing work, all loading,
unloading, and transport cost. Payment will be based on the
number of Endwall Grate times the unit bid price.
• Remove Existing Tree (cut and remove) — Each for the removal
and disposal of existing trees as identified on the plans and
approved by the City, including excavation and removal of root
structure to allow for installation of proposed work. The price bid
shall be full compensation for furnishing all necessary labor,
materials, tools, and equipment and for performing all work
required for the complete removal and disposal, and all other
appurtenant and miscellaneous items and work. Included in the
unit costs are all permits and tree surveys; all loading, unloading,
and transport costs. Payment will be based on the number of trees
removed and disposed of times the unit bid price.
• Root Prune and Trim Existing Tree — Each for the root pruning
and trimming of existing trees as identified on the plans and
approved by the City, to allow for installation of proposed work.
The price bid shall be full compensation for furnishing all necessary
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 85
labor, materials, tools, and equipment and for performing all work
required including removal and disposal of excess materials, and
all other appurtenant and miscellaneous items and work. Included
in the unit cost are all permits, tree surveys, and any costs
associated with scheduling the work sufficiently in advance of
pipeline installation; all loading, unloading, and transport costs.
Payment will be based on the number of trees root pruned and
trimmed times the unit bid price.
• Tree (5 gallon container) — Each for furnishing and installing trees
as identified on the plans and approved by the City, subsequent to
completion of installation of proposed pipeline work. The price bid
shall be full compensation for furnishing all necessary labor,
materials, tools, and equipment and for performing all work
required including exaction, placement, bed preparation, staking
and guying, watering and all other appurtenant and miscellaneous
items and work. Included in the unit cost are all permits and all
loading, unloading, and transport costs. Tree species shall be
Orange Geiger (Cordia sebestena): 10 feet height by 6 feet spread
and rninimum 2 inch caliper, or Tree Ligustrum (Ligustrum
lucidum): 8 — 10 feet height by 8 feet spread (multi -stem tree type)
as specified by the City. Payment will be based on the number of
trees furnished and installed times the unit bid price.
• Tree (15 gallon container) — Each for furnishing and installing
trees as identified on the plans and approved by the City,
subsequent to completion of installation of proposed pipeline work.
The price bid shall be full compensation for furnishing all necessary
labor, materials, tools, and equipment and for performing all work
required including exaction, placement, bed preparation, staking
and guying, watering and all other appurtenant and miscellaneous
items and work. Included in the unit cost are all permits and all
loading, unloading, and transport costs. Tree species shall be Live
Oak (Quercus virginiana): 14 - 16 feet height by 8- 10 feet spread
and minimum 3 inch caliper or Mahogany (Swietenia mahagoni):
14 - 16 feet height by 8- 10 feet spread and minimum 3 inch
caliper, as specified by the City. Payment will be based on the
number of trees furnished and installed times the unit bid price.
• Single Trunk Palms (5 gallon container) — Each for furnishing
and installing palms as identified on the plans and approved by the
City, subsequent to completion of installation of proposed pipeline
work. The price bid shall be full compensation for furnishing all
necessary labor, materials, tools, and equipment and for
performing all work required including exaction, placement, bed
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 86
preparation, staking and guying, watering and all other appurtenant
and miscellaneous items and work. Included in the unit cost are all
permits and all loading, unloading, and transport costs. Payment
will be based on the number of trees furnished and installed times
the unit bid price.
• Single Trunk Palms (15 gallon container) — Each for furnishing
and installing palms as identified on the plans and approved by the
City, subsequent to completion of installation of proposed pipeline
work. The price bid shall be full compensation for furnishing all
necessary labor, materials, tools, and equipment and for
performing all work required including exaction, placement, bed
preparation, staking and guying, watering and all other appurtenant
and miscellaneous items and work. Included in the unit cost are all
permits and all loading, unloading, and transport costs. Payment
will be based on the number of trees furnished and installed times
the unit bid price.
• 18" TideFlex Check Valve Series 37G — Each for the furnishing
and installing of TideFlex Check Valve Series 37G in accordance
with manufacturer's specifications within the limits defined by
Details on the Plans and/or the Standard Details appended hereto.
The price bid shall be full compensation for furnishing all necessary
labor, materials, tools, and equipment and for performing all work
required for the complete installation of the check valve, ready for
service, and shall include dewatering; making all connections;
cleaning and testing; and all other appurtenant and miscellaneous
items and work. Included in the unit cost are all survey, submittals,
and shop drawing work; all loading, unloading, and transport costs.
Payment will be based on the number of TideFlex Check Valves
times the unit bid price.
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 87
16. SPECIAL TECHNICAL PROVISIONS
16.1 Referenced Construction Detail Specifications
• The City of Miami, Florida Engineering Standards for Design
and Construction, latest edition shall apply to this project.
• Division II of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction, 2000 Edition, are
adopted by reference and modified as follows:
• Throughout the Standard Specifications for Road and Bridge Construction,
substitute the word "Consultant" for the word "Engineer" and the word "City"
for the word "Department" whenever they appear.
• The individual Sections of Florida Department of Transportation
Standard Specifications for Road and Bridge Construction, 2000
Edition are hereby modified and/or expanded, as follows:
SECTION 102
Article 102-3 Traffic Control is expanded by the following subarticles:
102-3.4 Special Use Permits: The Contractor shall be required to apply for and obtain a
Special Use Permit from the Miami Police Department. Contractor will be required to provide a
schedule of activities which affect the flow of traffic on the right-of-way such as overall project
scope, lane closures, Traffic Control Plan, construction schedule/time frame, etc. The
Contractor will be required to renew the Special Use Permit each month for construction
projects and pay the permit fee monthly. Cost shall be included under Pay Item 102-1.
102-3.5 No Parking Signs: The contractor shall install 'NO PARKING" signs within each
block of the proposed Work Zone. Signs shall be in place no more than 48 hours per installation
and shall be installed only during milling and repaving operations. Signs shall be installed
separately for each operation unless both operations are to occur within a 48 hour period.
Sufficient signs shall be posted to clearly indicate where parking is prohibited. In addition, the
Contractor will furnish and install door hangers and vehicle parking notices for all residents living
on the street that will have "No Parking" signs installed, at least 24 hours but not more than 48
hours prior to posting "No Parking" signs. Cost shall be included under Pay Item 102-1.
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 88
SECTION 104
PREVENTING, CONTROL, AND ABATEMENT OF EROSION AND WATER
POLLUTION
104-1 Description:
Subarticle 104-1 is modified as follows:
The Bidder is alerted that strict compliance with Department of Capital Improvements Bulletin
No. 25 is required for this project. This bulletin establishes rules, regulations and requirements
for discharges originated from construction sites or resulting from construction activities. A copy
of Bulletin No. 25 and corresponding Engineering Standards is included in the City of Miami
Engineering Standards.
SECTION 327
MILLING OF EXISTING ASPHALT PAVEMENT
Article 327-3 Construction is modified and expanded by the following:
The maximum time allowed between milling and resurfacing operations shall be 72 hours unless
written permission is received from the Consultant to delay resurfacing due to rain or other
events not under control of the Contractor.
When the asphalt pavement, remaining after milling, is one inch or Tess in thickness, the first
layer of asphalt shall be placed before the lane is reopened to traffic.
SECTION 330
HOT BITUMINOUS MIXTURES — QUALITY ASSURANCE, GENERAL CONSTRUCTION
REQUIREMENTS AND ACCEPTANCE PROCEDURES
The following new subarticle is added:
330-13.3.5 Acceptance Criteria for Layer Thickness: The Contractor shall obtain four three-
inch diameter core borings of the asphalt per lot (500 tons) within 24 hours of placement to be
used in determining layer thickness. Locations shall be randomly selected by the Consultant
with no sample taken within 12" of any unsupported edge of pavement. Payment to the
Contractor for each lot shall be based on the average of the four cores taken per the following
table.
Layer Thickness
AVE. Core Thickness
Deviation
Bid Price Increase
1.00*
1.00
0.00
0.00
1.05
5.00%
5.00%
1.10
10.00%
10.00%
1.15
15.00%
14.00%
1.20
20.00%
17.00%
1.25
25.00%
19.00%
1.30
30.00%
20.00% Max.
*Other layer thicknesses shall be proportional to the increases shown therein. As an
example, if the layer thickness is shown as 1.5", a 20% increase would be 1.8" in
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Paee 89
thickness and the Contractor would receive a 17% increase in the bid price for a 1 '/2"
layer thickness. However, the lift thicknesses must conform to 330-15 to be eligible for
extra payment.
The Contractor shall accurately measure each core taken and calculate the average for each
lot. Contractor will prepare and provide the Consultant with certified documentation indicating
the precise core locations and core measurements of each lot as well as a payment calculation
for each lot based on the above chart. The asphalt cores as well as the certified documentation
shall be provided to the consultant within 24 hours after construction of each lot No payment for
any lot will be made without the actual asphalt cores and certified documentation.
Section 331, Type S Asphalt Concrete, is modified and expanded as follows:
SECTION 331
TYPE S ASPHALT CONCRETE, QUALITY ASSURANCE
AND ACCEPTANCE PROCEDURES
331-1 Description.
331-1.1 General: Construct a Type S Asphalt Concrete course using the type of mixture
specified in the Contract, or when offered as alternates, as selected. If offered as alternates,
meet the layer thickness criteria specified in 331-1.2. Type S mixes are identified as Type S-I,
Type S-II, or Type S-III. The composition and physical test properties for all mixes including
Type S Asphalt Concrete are shown in Tables 331-1 and 331-2. This Section establishes
Acceptance Procedures for materials and work performed under Sections 280, 331, and 337.
Meet the requirements for plant and equipment specified in Section 320. Meet the general
construction requirements specified in Section 330.
Table 331-1
Bituminous Concrete Mixtures
(Gradation Design Range)
Type
Total Aggregate Passing Sieves'
3/4 inch
[19.0 mm]
1/2 inch
[12.5 mm]
3/8 inch
[9.5 mm]
No. 4
[4.75
rm.]
No. 10
[2.0 mm]
No. 40
[425 pm]
No. 80
[180 pm]
No. 200
[75 pm]
S-I5
100
88-98
75-93
47-75
31-53
19-35
7-21
2-6
S-I12
83-98
71-87
62-78
47-63
33-49
19-35
9-18
2-6
S-I115
100
88-98
60-90
40-70
20-45
10-30
2-6
Type 11
100
90-100
80-100
55-90
2-12
Type III
100
80-100
65-100
40-75
20-45
10-30
2-10
SAHM
100
0-12
ABC-1
100
0-12
ABC-2
100
55-90
0-12
ABC-33
70-100
30-70
20-60
10-40
2-10
FC-24
100
85-100
10-40
4-12
,2-5
FC-35
100
88-98
60-90
40-70
20-45
10-30 2-6
1 In inches
[mm] or sieves [pm].
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Bid No.: 06-07-012
Table 331-1
Bituminous Concrete Mixtures
(Gradation Design Range)
Type
Total Aggregate Passing Sieves'
3/4 inch
[19.0 mm]
1/2 inch
[12.5 mm]
3/8 inch
[9.5 mm]
No. 4
[4.75
mm]
No. 10
[2.0 mm]
No. 40
[425 pm]
No. 80
[180 pm]
No. 200
[75 pm]
2 100% passing 1 1/4 inch [31.5 mm] sieve and 94 to 100% passing 1 inch [25.0 mm] sieve.
3 100% passing 1 1/2 inch [37.5 mm] sieve.
4 The Consultant may increase the design range for the No. 10 [2.00 mm] sieve for lightweight
aggregates.
5 The Consultant may retain up to 1 % on the maximum sieve size.
Table 331-2 Non SI Units
Marshall Design Properties For Bituminous Concrete Mixes
Mix
Minimum
Marshall
Flow**
(0.01
Minimum
Air
Voids
Minimum EffectiveVFA
Voids Filled with
Type
Stability
(Ibs.)
in.)
VMA (%)
(/o)
Asphalt Content (%)
Asphalt (%)
S-I
1,500*
8-13
14.5
4-5
***
65-75
S-II
1,500*
8-13
13.5
4-5
***
65-75
S-III
1,500*
8-13
15.5
4-6
***
65-75
Type
II.
500-750
7-15
18
5-16
6.0
-
Type
750-1,000
7-15
15
5-12
5.5
-
SAHM_
300-500
7-15
15
5-16
6.0
-
ABC-1
500
7-15
15
5-16
6.0
-
ABC-2
750
7-15
15
5-14
5.5
-
ABC-31,000
8-13
14
4-7
***
65-78
FC-2
-
-
L
-
-
-
FC-3
1,500
8-13
15.5
4-6
***
65-75
*The minimum Marshall Stability for Type S mixes used on limited access facilities (Interstate,
Turnpike, and Expressways) shall be 1,800 lbs.
**The maximum Flow value during production shall not exceed one point more than shown in
the Table.
***The ratio of the percentage by weight of total aggregate passing the No. 200 sieve to the
effective asphalt content expressed as a percentage by weight of total mix shall be in the range
of0.6to1.2.
Table 331-2 S Units
Marshall Design Properties For Bituminous Concrete Mixes
Mix Type
Minimum
Marshall
Stability
(kN)
Flow**
(mm)
Minimum
VMA (%)
Air
Voids
(%)
Minimum
Effective
Asphalt
Content (%)
VFA Voids Filled with Asphalt
(%)
S-I
6.7*
2.0-3.3
14.5
4-5
***
65-75
Flagami/West End Phase II and Fairlawn Phase 116 Sewer Improvements
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Bid No.: 06-07-012
S-II
6.7*
2.0-3.3
13.5
4-5
**
65-75
S-III
6.7*
2.0-3.3
15.5
4-6
***
65-75
Type II
2.2-3.3
1.8-3.8
18
5-16
6.0
-
Type III
3.3-4.4
1.8-3.8
15
5-12
5.5
SAHM
n1.3-2.2
1.8-3.8
15
5-16
6.0
-
ABC-1
2.2
1.8-3.8
15
5-16
6.0
ABC-2
3.3
1.8-3.8
15
5-14
5.5
-
ABC-3
4.4
2.0-3.3
14
4-7
***
65-78
FC-2
-
-
-
-
-
-
FC-3
6.7
2.0-3.3
15.5
4-6
***
65-75
'*The minimum Marshall Stability for Type S mixes used on limited access facilities (Interstate,
Turnpike, and Expressways) shall be 8.0 kN.
**The maximum Flow value during production shall not exceed 0.25 mm more than shown in the
Table.
***The ratio of the percentage by weight of total aggregate passing the 75pm sieve to the
effective asphalt content expressed as a percentage by weight of total mix shall be in the range
of0.6to1.2.
The Consultant will accept the work in accordance with the applicable requirements of Sections
6, and 9.
331-1.2 Layer Thicknesses:
331-1.2.1 Structural Layers: the allowable layer thickness for Type S Asphalt Concrete
mixtures used in structural and overbuild applications is as follows:
Type S-I 1 1/4 — 2 1/2 inches [30 — 60 mm]
Type S-ll 2 — 2 3/4 inches [50 — 70 mm]
Type S-III 3/4 — 1 1/4 inches [20 — 30 mm]
In addition to the minimum and maximum thickness requirements, the following restrictions are
placed on Type S mixtures when used as a structural course:
mm] thick
Type S-I: May not be used in the first layer of courses over 3 1/2 inches [90
but shall be used for all lesser thicknesses.
Type S-1 and Type S-II: May not be used in the final (top) structural layer.
Type S-III: Limited to the final (top) -structural layer, one layer only.
331-1.2.2 Additional Requirements: The following requirements also apply to Type S Asphalt
Concrete mixtures:
1. A minimum 1 1/2 inch [40 mm] initial lift is required over an Asphalt Rubber
Membrane Interlayer (ARMI) or crack relief membrane.
2. When construction includes the paving of adjacent shoulders (<5 feet [<1.5 m] wide),
the layer thickness for the upper pavement layer and shoulder shall be the same and
paved in a single pass, unless shown differently in the plans.
3. All overbuild layers shall be Type S asphalt concrete. Use the minimum and maximum
layer thicknesses as specified in 331-1.2.1 unless shown differently in the plans. On
unless shown differently in the plans. Other variations from these thicknesses must be
approved by the Consultant.
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Bid No.: 06-07-012
331-2 Materials.
331-2.1 General Requirements: Meet the material requirements specified in Division III of the
Specifications. Specific references are as follows:
Superpave PG Asphalt Binder or Recycling Agent 916-1, 916-2
Mineral Filler 917-1, 917-2
Coarse Aggregate, Stone, Slag or Crushed Gravel Section 901
Fine Aggregate Section 902
Asphalt concrete mixes containing crushed gravel as coarse aggregate component must show
no potential for stripping during laboratory testing for mix design verification.
Crushed Reclaimed Portland Cement Concrete Pavement may be used as a coarse
aggregate or screenings component subject to meeting all applicable specifications.
331-2.2 Specific Requirements:
331-2.2.1 Condition of Aggregate: Use clean aggregate containing no deleterious substances.
Do not use coarse or fine aggregate which contains more than 0.5% of phosphate.
331-2.2.2 Fine Aggregate and Mineral Filler: In laboratory tests, and for the purpose of
proportioning the paving mixture, consider all material passing the No. 10 [2.00 mm] sieve and
retained on the No. 200 [75 pm] sieve as fine aggregate, and the material passing the No. 200
[75 pm] sieve as mineral filler.
331-2.2.3 Screenings: Do not use any screenings in the combination of aggregates containing
more than 15% of material passing the No. 200 [75 pm] sieve. When two screenings are
blended to produce the screening component of the aggregate, one of such screenings may
contain up to 18% of material passing the No. 200 [75 pm] sieve, as long as the combination of
the two does not contain over 15% material passing the No. 200 [75 pm] sieve. Screenings may
be washed to meet these requirements.
331-2.2.4 Use of Reclaimed Asphalt Pavement (RAP): Subject to certain requirements,
Reclaimed Asphalt Pavement (RAP) may be used as a component material of the asphalt
mixture. RAP may be used as a component material of the bituminous mixture subject to the
following:
1. Assume responsibility for the design of asphalt mixes which incorporate RAP as a component
part.
2. Do not allow RAP to exceed 60% by weight of total aggregates for Asphalt Base Courses nor
more than 50% by weight of total aggregates for Structural and Leveling Courses. Do not use
RAP in Friction Courses.
3. Mount a grizzly or grid with openings of a sufficient size to prevent clogging of the cold feed
over the RAP cold bin. Use a grizzly or grid over the RAP cold bin, in -line roller crusher, screen,
or other suitable means to prevent oversized RAP material from showing up in the completed
recycled mixture. If oversized RAP material appears in the completed recycled mix, cease plant
operations and take appropriate corrective action.
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4. Ensure that the RAP material as stockpiled is reasonably uniform in characteristics and
contains no aggregate particles which are soft or conglomerates of fines.
5. Ensure that the RAP has a minimum average asphalt content of 4% by weight of total mix.
The Consultant reserves the right to sample the stockpile in order that this requirement is met.
When material milled from the project is used as a component of the asphalt mixture and a
Composition of Existing Pavement is known, use the following procedures for obtaining
representative samples for the mix design:
1. Cut ten 6-inch [150 mm] cores in area(s) approved by the Consultant. FiII the core holes
immediately prior to opening to traffic.
2. Representative samples may also be obtained by milling the existing pavement to the full
depth shown on the plans for pavement removal for a length of approximately 200 feet [60 m].
Immediately replace the pavement removed with the specified mix in the Contract.
3. Submit a request in writing to the Consultant for any variance from the above outlined
methods of obtaining samples for mix designs.
When the composition of stockpiled RAP to be used as a component in a mix design is not
known, design the mix as follows:
1. Submit a bag of RAP, composed of samples from several locations in the stockpile(s), to the
Consultant at least four weeks prior to the planned start of mix design. The Consultant will run
viscosities on the reclaimed asphalt pavement and furnish the information to the Contractor.
2. Run a minimum of six extraction gradation analyses of the RAP. Take the samples at random
locations around the stockpile(s).
3. Request the Consultant to make a visual inspection of the stockpile(s) of RAP. Based on
visual inspection, the Consultant will determine the suitability of the stockpiled materials.
4. When the proposed mix design is submitted to the Consultant for verification, submit the data
from the extraction gradation analyses required above.
331-2.2.5 Binder for Mixes with RAP: Use a PG 67-22 where RAP is less than 20% by weight
of total aggregate; use a PG 64-22 where RAP is 20% or greater but less than 30% by weight of
total aggregate; use appropriate recycle agent where RAP is 30% or greater.
The Consultant reserves the right to change binder type and grade at design based on the
characteristics of the RAP binder, and reserves the right to request reasonable changes during
the production based on the requirements of 331-4.4.4.
331-2.2.6 Use of Recycled Crushed Glass: Recycled crushed glass may be used as a
component of the bituminous mixture subject to the following:
1. Consider the recycled crushed glass a local material and meet all requirements specified in
902-6.
2. The percentage of recycled crushed glass in any bituminous mixture does not exceed 15% of
the total aggregate weight.
3. The asphalt binder used with mixtures containing recycled crushed glass contains 0.5% anti -
stripping agent from an approved source. The addition of the specified amount of anti -stripping
agent must be certified by the supplier.
4. Test bituminous mixtures containing recycled crushed glass in accordance with AASHTOT
283 as part of the mix design approval. The minimum tensile strength ratio must not be less
Flagami/West End Phase it and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
than 80%. An increase in the amount of anti -stripping agent may be necessary in order to meet
this requirement.
5. Recycled crushed glass must not be used in friction course mixtures nor in structural course
mixtures which are to be used as the final wearing course.
331-3 Permissible Variation for the Coarse Aggregate.
Size and uniformly grade or combine the aggregate or aggregates shipped to the job in such
proportions that the resulting mixture meets the grading requirements of the mix design.
331-4 General Composition of Mixture.
331-4.1 General: Use a bituminous mixture composed of a combination of aggregate (coarse,
fine or mixtures thereof), mineral filler, if required, and bituminous material. Ensure that not
more than 20% by weight of the total aggregate used is silica sand or local materials as defined
in Section 902. Consider the silica sand and local materials contained in any RAP material, if
used in the mix, in this limitation. Size, grade and combine the several aggregate fractions in
such proportions that the resulting mixture meets the grading and physical properties of the
verified mix design.
RAP meeting the requirements of 331-2.2.4 may be approved as a substitution for a portion of
the combination of aggregates, subject to all applicable specification requirements being met.
331-4.2 Grading Requirements: In all cases, use a mix design within the design
ranges specified in Table 331-1.
331-4.3 Mix Design:
331-4.3.1 General: Prior to the production of any asphalt paving mixture, submit a mix design,
with certification that the mix design was approved by the Florida Department of Transportation
or similar local agency for use on previous project(s) and certification that materials properties
remain the same as when mix design was approved, or provide evidence that the mix design
was made or certified by an independent testing laboratory and is in compliance with the
requirements of these Specifications. Submit representative samples of all component materials
to the Consultant at least two weeks before the scheduled start of production. The Consu ltant
will verify the mix design before use. Furnish the following information:
1. The specific project on which the mixture will be used.
2. The source and description of the materials to be used.
3. The gradation and approximate proportions of the raw materials as intended to be combined
in the paving mixture. The gradation of the component materials shall be representative of the
material at the time of use.
4. A single percentage of the combined mineral aggregate passing each specified sieve.
Degradation of the aggregate due to processing (particularly No. 200 [75 pm]) should be
accounted for and identified for the applicable sieves.
5. A single percentage of asphalt by weight of total mix intended to be incorporated in the
completed mixture, shown to the nearest 0.1%. For structural mixes (S-I, S-II and S-III) establish
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the optimum asphalt content at a level corresponding to a minimum of 4.5% air voids. For FC-
9.5 and FC-12.5 mixes, establish optimum asphalt content at a level corresponding to a
minimum of 5.0% air voids.
6. A single temperature at which the mixture is intended to be discharged from the plant.
7. The laboratory density of the asphalt mixture for all mixes except Open -Graded Friction
Courses.
8. Evidence that the completed mixture will meet all specified physical requirements.
9. The name of the individual responsible for the control of the mixture during production.
If a design mix has been previously approved by the State of Florida Department of
Transportation or by the City of Miami or Miami -Dade County and the Contractor certifies that
previously approved materials sources used in the design mix are still the same, that mix design
may be used on City of Miami CIP and Public Works paving contracts. The Contractor must
certify that material sources and/or material properties have not changed.
Where the properties have changed, and the Contractor does not have an approved mix design,
the Contractor shall have an independent materials laboratory certify the proposed mix design
meets the requirements for Type S Asphalt Pavement as included in these Specifications.
The City of Miami Director of Public Works or Director of Transportation for CIP projects will
oversee the approval and certification process, and in the event of a dispute, become the final
authority on approval of these design mix alternatives.
331-4.3.2 Revision of Mix Design: Submit all requests for revisions to approved mix designs,
along with supporting documentation, in writing to the Consultant. In order to expedite the
revision process, a verbal revision request or discussion of the possibility of a revision request
may be made, but must be followed up with a written request. The verified mix design will
remain in effect until a change is authorized by the Consultant. In no case will the effective date
of the revision be established earlier than the date of the first communication with the
Consultant regarding the revision. Provide a new mix design for any change in source of
aggregate.
331-4.3.3 Resistance to Plastic Flow: Include with the submitted mix design test data showing
that the material as produced will meet the requirements specified in Table 331-2 when tested in
accordance with ASSHTO T 245. Further, determine the bulk specific gravity of the laboratory
compacted bituminous mixture in accordance with AASHTO T 166.
Determine the percent of unfilled voids and the percent of aggregate voids filled with asphalt
using the maximum specific gravity of the bituminous mixture and on the asphalt content of
each group of specimens prepared from the same sample. Determine maximum specific gravity
of the bituminous mixture by AASHTO T 209.
331-4.3.4 Revocation of Mix Design: The Consultant will consider any marked
variations from original test data for a mix design or any evidence of inadequate field
performance of a mix design as sufficient evidence that the properties of the mix design
have changed, and the Consultant will no longer allow the use of the mix design.
331-4.4 Contractor's Quality Control:
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements
Bid No.: 06-07-012
331-4.4.1 Personnel: In accordance with the requirements of 331-5.2 provide the necessary
qualified personnel. Ensure that the Technician responsible for quality is certified and
possesses a valid certificate of qualification. When it becomes evident to the Consultant that the
Technician cannot perform as required by the position, the Consultant will require replacement
with a certified Technician.
331-4.4.2 Extraction Gradation Analysis: Sample the bituminous mixture at the plant in
accordance with AASHTO T 168. Determine the percent bitumen content of the mixture in
accordance with FM 5-563, and determine the percent passing the standard sieves in
accordance with AASHTO T 030. In the event the calibration factor for the mix exceeds 0.50%,
conduct the extraction and gradation analysis in accordance with FM 5-544 and FM 5-545,
respectively. Show all test results to the nearest 0.01. Carry all calculations to the nearest 0.001
and rounded to the nearest 0.01.
Run a minimum of one extraction gradation analysis of the mixture for each day's or part of a
day's production and immediately following any change in the production process. Take the
quality control sample of mixture for the extraction gradation analysis each day as soon as the
plant operations have stabilized. Obtain the results in a timely manner (no later than the end of
the day) so that adjustments can be made if necessary.
On initial use of a Type S mix design at a particular plant, as a minimum, run an additional
extraction gradation analysis if more than 500 tons [450 metric tons] of mixture are produced on
the first day of production.
Extraction gradation analysis will not be required on the days when mix production is Tess than
100 tons [90 metric tons]. However, when mix production is less than 100 tons [90 metric tons]
per day on successive days, run the test when the accumulative tonnage on such days exceeds
100 tons [90 metric tons].
Use the target gradation and asphalt content as shown on the mix design. Any changes in
target will require a change in the mix design in accordance with 331-4.3.2.
If the percentage of bitumen deviates from the optimum asphalt content by more than 0.55% or
the percentage passing any sieve falls outside the limits shown in Table 331-3, make the
necessary correction. If the results for two consecutive tests deviate from the optimum asphalt
content by more than 0.55% or exceeds the limits as shown in Table 331-3 for any sieve, stop
the plant operations until the problem has been corrected. In addition, if the results of two
consecutive tests show an amount greater than 99.0% passing the 1/2 inch [12.5 mm] sieve for
Type S-I, an amount greater than 99.0% passing the 3/4 inch [19.0 mm] sieve for Type S-II, or
an amount greater than 99.0% passing the 3/8 inch [9.5 mm] sieve for Types S-III or FC-3, stop
the plant operation until the problem has been corrected.
Maintain control charts showing the results of the extraction gradation analysis (bitumen content
and sieve analysis).
Table 331-3
Tolerances for Quality Control Tests (Extraction Gradation Analysis)
Sieve Size
Percent Passing
1 inch [25.0 mm]
7
/4 inch 119.0 mm]
7
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements
Bid No.: 06-07-012
Table 331-3
Tolerances for Quality Control Tests (Extraction Gradation Analysis)
Sieve Size
Percent Passing
1/2 inch [12.5 mm]
7
3/8 inch [9.5 mm]
7
No. 4 [4.75 mm]
7
No. 10 [2.00 mm]
5.5
No. 40* [1'425 pm]
4.5
No. 80* [*180_pm]
3
No. 200 [75 pm]
2
*Does not apply to SAHM, ABC-1 or Type II.
331-4.4.3 Plant Calibration: At or before the start of mix production, perform a wash gradation
on a set of hot bin samples for batch or continuous mix plants or belt cut for drum mix plants to.
verify calibration of the plant. When approved by the Consultant, extraction gradation analysis of
the mix may be used to verify calibration of the plant. This extraction gradation analysis may
also be used to fulfill the quality control requirements for the first day's production.
331-4.4.4 Viscosity of Asphalt in Mixes Containing RAP: When RAP is a component
material, the viscosity of the asphalt material in the bituminous mixture, determined by the
Consultant in accordance with ASTM D 2171, shall be 6,000 ± 2,000 poises [600 ± 200 Pa•s].
This determination will be made on samples obtained by the Consultant on a random basis at a
frequency of approximately one per 1,000 tons [900 metric tons] of mix.
If the viscosity determined by the Consultant is out of the specified range, adjust the binder
formulation or blend of RAP in the mix to bring the viscosity within tolerance.
331-5 Acceptance Procedures.
331-5.1 General: The Contractor is responsible for the quality of construction and materials
incorporated therein. Perform all sampling and testing of materials in strict conformance with
AASHTO and ASTM requirements. The Consultant will monitor and observe the Contractor's
test procedures and results. Maintain effective quality control until final values on the remaining
sublot(s) test data as defined in 331-6 have been achieved.
331-5.2 Control by the Contractor: Provide and maintain a quality control system that
provides reasonable assurance that all materials, products and completed construction meet
Contract requirements. Develop and maintain a quality control system in conformance with the
following requirements:
CONTRACTOR QUALITY CONTROL SYSTEM
I. SCOPE:
These Specifications establish minimum requirements and activities for the Contractor. These
requirements pertain to the inspections and tests necessary to substantiate material and
product conformance to Contract requirements and to all inspections and tests required by the
Contract.
II. FUNCTIONS AND RESPONSIBILITIES:
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1. The Consultant will verify the Contractor's design mixes, inspect plants and monitor
control of the operations to ensure conformance with these Specifications. At no time will the
Consultant issue instructions to the Contractor or Producer as to the setting of dials, gauges,
scales and meters. However, the Consultant 's representatives may question and warn the
Contractor against the continuance of any operations or sequence of operations that obviously
do not result in satisfactory compliance with the requirements of these Specifications.
2. The Contractor shall submit in writing the proposed Quality Control Plan for each
asphalt plant for the Consultant's approval. Maintain the approved Quality Control Plan in effect
for the plant to which it is assigned until the Consultant rejects it in writing. Include in the plan
the sampling, testing, inspection and the anticipated frequencies of each to maintain process
control. A recommended series of sampling, testing and inspecting activities are shown in Table
331-4.
Table 331-4
RECOMMENDATIONS FOR A CONTRACTOR
QUALITY CONTROL PLAN
A. All Types of Plants
1. Stockpiles
a. Place materials in the correct stockpile.
b. Use good stockpiling techniques.
c. Inspect stockpiles for separation, contamination, segregation, etc.
2. Incoming Aggregate
a. Obtain gradations and bulk specific gravity (BSG) values from the
aggregate supplier.
b. Determine gradation of all component materials.
c. Compare gradations and BSG to mix design.
3. Cold Bins
a. Calibrate the cold gate/feeder belt settings.
b. Observe operation of cold feed for uniformity.
4. Dryer
a. Observe pyrometer for aggregate temperature control.
b. Observe efficiency of the burner.
5. Hot Bins
a. Determine gradation of aggregates in each bin.
b. Determine theoretical combined grading.
6. Bituminous Mixture
a. Determine asphalt content.
b. Determine mix gradation.
c. Check mix temperature.
d. Verify modifier addition.
B. Batch Plants
1. For batch weights, determine percent used and weight to be pulled from each bin to
ensure compliance with the mix design.
2. Check mixing time.
3. Check operations of weigh bucket and scales.
C. Continuous Mix Plant
1. Determine gate calibration chart for each bin.
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2. Determine gate settings for each bin to ensure compliance with the mix design.
3. Determine gallons [cubic meters] per revolution or gallons [cubic meters] per minute to
ensure compliance with the mix design.
D. Drum Mixer Plant
1. Calibrate the cold feed and prepare a calibration chart for each cold gate.
2. Develop information for the synchronization of the aggregate feed, reclaimed asphalt
pavement (RAP) feed and the bituminous material feed.
3. Calibrate the weigh bridge on the changing conveyor.
The activities shown in Table 331-4 are the normal activities necessary to control the production
of bituminous concrete at an acceptable quality level. The Consultant recognizes, however, that
depending on the type of process or materials, some of the activities listed may not be
necessary and, in other cases, additional activities may be required. The frequency of these
activities will also vary with the process and the materials. When the process varies from the
defined process average and variability targets, increase the frequency of these activities until
the proper conditions are restored. Take one sample and test for every 500 tons [450 metric
tons] of incoming aggregate (including RAP) as it is stockpiled. Test RAP material for extracted
gradation and asphalt content.
Plot and keep up-to-date control charts for all quality control sampling and testing. Provide
control charts for the following:
a. gradation of incoming aggregates
b. gradation and asphalt content of RAP
c. combined gradations of hot bins
d. extracted asphalt content
e. mix gradation
f. gradation of cold feed (drum mixers)
Post all current control charts in the asphalt lab where they can be seen.
Formulate all design mixes. Submit design mixes to the Consultant for verification prior to their
use. Provide process control of all materials during handling, blending, mixing and placing
operations.
III. QUALITY CONTROL SYSTEM:
1. General Requirements. Furnish and maintain a quality control system that provides
reasonable assurance that all materials and products submitted to the Consultant for
acceptance meet the Contract requirements. Perform, or have performed, the inspection and
tests required to substantiate product conformance to Contract requirements, and also perform,
or have performed, all inspections and tests otherwise required by the Contract. Keep a
qualified quality control technician available at the asphalt plant at all times when producing
asphalt mix for the City. Place a qualified person in responsible charge of the paving operations.
Document the quality control procedures, inspection and tests, and make that information
available for review by the Consultant throughout the life of the Contract.
2. Documentation. Maintain adequate records of all inspections and tests. Record the
nature and number of tests made, the number and type of deficiencies found, the quantities
approved and rejected, and the nature of corrective action taken, as appropriate. The
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Consultant may review and approve all documentation procedures prior to the start of the work.
The Consultant will take ownership of all charts and records documenting the Contractor's
quality control tests and inspections upon completion of the work.
3. Charts and Forms. Record all conforming and nonconforming inspections and test
results on approved forms and charts, and keep them up to date and complete and
make them available at all times to the Consultant during the performance of the work.
Prepare charts of test properties for the various materials and mixtures on charts and
forms approved by the Consultant. The Consultant will furnish a copy of each applicable
chart and form. Provide a supply of the charts and forms from the copy furnished. Obtain
the Consultant's approval of non-standard forms and charts prior to using them.
4. Corrective Actions. Take prompt action to correct any errors, equipment malfunctions,
process changes or other problems that result or could result in the submission of
materials, products or completed construction that do not meet the requirements of
these Specifications. When it becomes evident to the Consultant that the Contractor is
not controlling his process and is making no effort to take corrective actions, the
Consultant will require the Contractor to cease plant operations until such time as the
Contractor can demonstrate that he can and is willing to control the process.
5. Laboratories with Measuring and Testing Equipment. Furnish a fully equipped asphalt
laboratory (permanent or portable) at the production site, and meeting the following
requirements:
a. Area - Provide an effective working area for the laboratory that is a minimum of 180 ft2
[17 m2]. This area does not include the space for desks, chairs and file cabinets.
b. Lighting - Provide lighting in the lab adequate to illuminate all areas of work.
c. Temperature Control - Equip the lab with heating and air conditioning units that
provide a satisfactory working environment.
d. Ventilation - Equip the lab with fume hoods and exhaust fans that will remove all
hazardous fumes from within the laboratory in accordance with OSHA requirements.
e. Equipment and Supplies - Furnish the lab with the necessary sampling and testing
equipment, and supplies, for performing Contractor quality control and Consultant's
sampling and testing. A detailed list of equipment and supplies required for each test is
included in the ASTM requirements for each test. When running plants at a high
production rate, furnish additional testing equipment as necessary to allow the
completion of the Contractor's quality control tests and the Department's Consultant's
tests within the specified time frame.
6. Sampling and Testing. Use the sampling and testing methods and procedures that
the Consultant provides to determine quality conformance of the materials and products.
The Consultant will use these same methods and procedures for its tests. Include the
sampling for other material characteristics on a random basis and the plotting of the test
results on control charts in the Quality Control Plan.
7. Alternative Procedures. The Contractor may use alternative sampling methods,
procedures and inspection equipment when such procedures and equipment provide, as
a minimum, the quality assurance required by the Contract Documents. Prior to applying
such alternative procedures, describe them in a written proposal and demonstrate for
the Consultant's approval that their effectiveness is equal to or better than the Contract
requirements. In case of dispute as to whether certain proposed procedures provide
equal assurance, use the procedures stipulated by the Contract Documents.
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8. Nonconforming Materials. Establish and maintain an effective and positive system for
controlling nonconforming materials, including procedures for identification, isolation and
disposition. Reclaim or rework nonconforming materials in accordance with procedures
acceptable to the Consultant. Discuss the details of this system at the preconstruction
conference, and make these details a part of the record of the conference.
9. Inspection at Subcontractor or Supplier Facilities. The Consultant reserves the
right to inspect materials not manufactured within the Contractor's facility. The
Consultant's inspection does not constitute acceptance and does not, in any
way, replace the Contractor's inspection or otherwise relieve the Contractor of
his responsibility to furnish an acceptable material or product. When the
Consultant inspects the subcontractor's or supplier's product, such inspection
does not replace the Contractor's responsibility to inspect such subcontractor's
or supplier's product. Inspect subcontracted or purchased materials when
received, as necessary, to ensure conformance to Contract requirements. Report
to the Consultant any nonconformance found on Consultant source -inspected
material, and require the supplier to take necessary corrective action.
331-5.3 Defective Materials:
331-5.3.1 Acceptance or Rejection: Following the application of the appropriate acceptance
plan, the Consultant will make the final decision as to the acceptance, rejection or acceptance at
an adjusted payment.
331-5.3.2 Disposition: For nonconforming materials, products, items of construction or
complete construction that are not adaptable to correction by reworking, either remove and
replace the nonconforming work, or accept no payment or an adjusted payment as stated in
these Specifications, or, if not stated, as directed by the Consultant.
331-5.4 General Basis of Adjusted Payment For Deficiencies: When the Consultant
determines that a deficiency exists, the Consultant will apply the applicable payment factor as
shown in these Specifications. When the Consultant determines that multiple deficiencies exist,
the Consultant will apply an adjustment to the material that is identified by each deficiency. The
Consultant will apply the adjustment for each deficiency separately as it occurs. The Consultant
will not allow an adjustment to be affected by any other adjustment. As an exception to the
foregoing requirements, when there are two or more deficiencies in the gradation acceptance
tests (% pass No. 4 [4.75 mm] sieve, % pass No. 10 [2.0 mm] sieve, % pass No. 40 [425 pm
sieve], % pass No. 200 [75 pm] sieve) the Consultant will only apply the greater adjustment. The
Consultant will express all reductions in payment in terms of equivalent pay items at no pay.
When the item is measured by the ton [metric ton], the Consultant will convert the area in the
field, which is measured in feet [meters], to equivalent tons [metric tons] and by using the
average calculated spread. When the pay item is measured by the square yard [square meter],
the Consultant will convert the quantity at the production point, which is measured in tons
[metric tons], to equivalent square yards [square meters] at the design thickness and by using
the laboratory density as a conversion factor.
331-6 Acceptance of the Mixture at the Plant.
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331-6.1 General: The Consultant will accept the bituminous mixture at the plant, with respect to
gradation and asphalt content. The material will be tested for acceptance in accordance with the
provisions of 331-5 and the following requirements. However, the Consultant will reject any Toad
or loads of mixture which are unacceptable for reason of being excessively segregated,
aggregates improperly coated, or of excessively high or low temperature for use in the work.
For initial use of a Type S or FC-3 mix design with a Florida limestone source north of the 28th
parallel at a particular plant, limit the first day's production to a maximum of 100 tons [92 metric
tons]. Resume production upon notification of acceptable Marshall properties as determined in
accordance with 331-6.4.
331-6.2 Acceptance Procedures: Control all operations in the handling, preparation, and
mixing of the asphalt mix so that the percent bitumen and the percents passing the No. 4, No.
10, No. 40 and No. 200 [4.75 mm, 2.00 mm, 425 pm and 75 pm] sieves will meet the approved
job mix formula within the tolerance shown in Table 331-6.
Table 331-6
Tolerances for Tests
Characteristic
Tolerance*
Asphalt Content (Extraction)
±0.55%
Asphalt Content (Printout)
±0.15%
Passing No. 4 [4.75 mm sieve
±7.00%
Passing No. 10 [2.00 mm] sieve
±5.50%
Passing No. 40 [425 pm] sieve**
±4.50%
Passing No. 200 [75 pm] sieve
±2.00%
"Tolerances for sample size of n=1. See Table 331-7 for other sample sizes n=2 through n=6.
**Applies only to Types S-I, S-II, S-III, and FC-3.
Acceptance of the mixture will be on the basis of test results on consecutive random samples.
The bituminous mixture will be sampled and tested at the plant as specified in 331-4.4.2.
Calculations for the test results for bitumen content and gradation (percentages passing No. 4,
No. 10, No. 40 and No. 200 [4.75 mm, 2.00 mm, 425 pm and 75 pm] sieves) will be shown to
the nearest 0.01. Calculations for arithmetic averages will be carried to the nearest 0.001 and
rounded to the nearest 0.01. Payment will be made on the basis of Table 331-7, "Schedule of
Payment". The process will be considered out of control when the deviation of any individual
test result from the mix design falls in the 80% pay factor for the "one test" column of Table 331-
7. When this happens, the mix will be automatically terminated and production stopped. The
approval of the Consultant will be required prior to resuming production of the mix. Acceptance
will then be determined in accordance with Table 331-7.
All tests will be completed on the same day the sample was taken, when possible, and on no
occasion will they be completed later than the following work day.
Table 331-7
Schedule of Payment (Asphalt Plant Mix Characteristics)
Average of Accumulated Deviations of the Acceptance Tests from the Mix Design.
Flagami/West End Phase II and Fairlawn Phase IlB Sewer Improvements
Bid No.: 06-07-012
Pay
Factor
1-Test
2-Tests
3-Tests
4-Tests
5-Tests
6-Tests
Asphalt Cement Content (Extraction - FM 5-544 or 5-563)
1.00
0.00-0.55
0.00-0.43
0.00-0.38
0.00-0.35
0.00-0.33
0.00-0.31
0.95
0.56-0.65
0.44-0.50
0.39-0.44
0.36-0.40
0.34-0.37
0.32-0.36
0.90
0.66-0.75
0.51-0.57
0.45-0.50
0.41-0.45
0.38-0.42
0.36-0.39
0.80*
over 0.75
over 0.57
_over 0.50
over 0.45
over 0.42
over 0.39
Asphalt Cement Content (Printout)
1.00
0.00-0.15
0.00-0.15
0.00-0.15
0.00-0.15
0.00-0.15
0.00-0.15
0.95
0.16-0.25
0.16-0.25
0.16-0.25
0.16-0.25
0.16-0.25
0.16-0.25
0.90
0.26-0.35
0.26-0.35
0.26-0.35
0.26-0.35
0.26-0.35
0.26-0.35
0.80*
over 0.35
over 0.35
over 0.35
over 0.35 _over
0.35
over 0.35
No. 4 [4.75 mm] sieve**
1.00
0.00-7.00
0.00-5.24
0.00-4.46
0.00-4.00
0.00-3.68
0.00-3.45
0.98
7.01-8.00
5.25-5.95
4.47-5.04
4.01-4.50
3.69-4.13
3.46-3.86
0.95
8.01-9.00
5.96-6.66
5.05-5.62
4.51-5.00
4.14-4.58
3.87-4.27
0.90
9.01-10.00
6.67-7.36 5.63-6.20
5.01-5.50
4.59-5.02
4.28-4.67
0.80*
over 10.00
over 7.36 over 6.20
over 5.50
over 5.02
over 4.67
No. 10 [2.00 mm sieve**
1.00
0.00-5.50
0.00-4.33
0.00-3.81
0.00-3.50
0.00-3.29
0.00-3.13
0.98
5.51-6.50
4.34-5.04
3.82-4.39
3.51-4.00
3.30-3.74
3.14-3.54
0.95
6.51-7.50
5.05-5.74
4.40-4.96
4.01-4.50
3.75-4.18
3.55-3.95
0.90
7.51-8.50
5.75-6.45
4.97-5.54
4.51-5.00
4.19-4.63
3.96-4.36
0.80*
over 8.50
over 6.45
over 5.54
over 5.00
over 4.63
over 4.36
No. 40 [425 pm] sieve**
1.00
0.00-4.50
0.00-3.91
0.00-3.65
0.00-3.50
0.00-3.39
0.00-3.32
0.98
4.51-5.50
3.92-4.62
3.66-4.23
3.51-4.00
3.40-3.84
3.33-3.72 ,
0.95
5.51-6.50
4.63-5.33
4.24-4.81
4.01-4.50
3.85-4.29
3.73-4.1 3
0.90
6.51-7.50
5.34-6.04
4.82-5.39
4.51-5.00
4.30-4.74
4.14-4.54
0.80*
over 7.50
over 6.04
over 5.39
over 5.00
over 4.74
over 4.54
No. 200 [75pm] sieve**
1.00 0.00-2.00
0.00-1.71
0.00-1.58
0.00-1.50
0.00-1.45
0.00-1.41
0.95 2.01-2.40
1.72-1.99
1.59-1.81 1.51-1.70
1.46-1.63
1.42-1.57
0.90 2.41-2.80
2.00-2.27
1.82-2.04 1.71-1.90
1.64-1.80
1.58-1.73
0.80* over
2.80 over
2.27 over
2.04 over
1.90 over
1.80 ,over 1.73
"If approved by the Consultant based on an engineering determination that the material is
acceptable to remain in place, the Contractor may accept the indicated partial pay. Othervvise,
remove and replace the material at no cost to the City at any item.
**When there are two or more reduced payments for these items, only the greatest reduction in
payment will be applied. CAUTION: This rule applies only to these four gradation test results.
NOTES:
(1) The No. 40 [425 pm] sieve applies to Type S-I, S-II, S-III and FC-3.
(2) Deviations are absolute values with no plus or minus signs.
331-6.3 Automatic Batch Plant With Printout: Acceptance determinations for asphalt content
for mixtures produced by automatic batch plants with printout will be based on the calculated
bitumen content using the printout of the weights of asphalt actually used. Acceptance
determinations for gradations (No. 4, No. 10, No. 40 and No. 200 [4.75 mm, 2.00 mm, 425 pm
Flagami/VVest End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-0 12
Paee 104
and 75 pm] sieves) will be based on the actual test results from extraction gradation analyses.
Payment will be made based on the provisions of Table 331-7.
331-6.4 Additional Tests: The Consultant reserves the right to run any test at any time for
informational purposes and for determining the effectiveness of the Contractor's quality control.
331-6.4.1 Determination of Marshall and Volumetric Properties: The Consultant will
determine the Marshall and Volumetric Properties of the mix at a minimum frequency of 50 tons,
to determine whether or not the produced mix is meeting the specification requirements. The
Consultant will sample and prepare test specimens and test them in accordance with FM 5-511
for Marshall stability and flow, T 209 for maximum specific gravity, and T 166 for density.
Volumetric properties will be determined for Type S and FC-3 mixes only.
331-6.4.2 Failing Marshall Properties: When the average value of the specimens fails to meet
specification requirements for stability or flow, the Consultant may stop the plant operations until
all specification requirements can be met or until another verified mix design has been
approved. Make revisions to a mix design in accordance with 331-4.3.2. If the Lab Density of
the mix during production differs from the value shown on the verified mix design by more than
2 Ibs/ft3 [32 kg/m3] for two consecutive tests, the Consultant will revise the target value.
331-6.4.3 Failing Volumetric Properties (Type S and FC-3 mixes only): When the
Consultant determines the air void content to be less than 3.0%, or greater than 6.5%, make
appropriate adjustments to the mix. When the air void content is determined to be less than
2.5% or greater than 7.0% on any one test, or less than 3.0% on two consecutive tests, cease
operations until the problem has been resolved.
331-6.4.4 Resuming Production: In the event that plant operations are stopped due to a failure
to meet specification requirements, obtain the Consultant's approval before resuming production
of the mix. Limit production to a maximum of 50 tons [45 metric tons]. At this time, the Marshall
and volumetric properties of the mix will be verified. After the Marshall and volumetric properties
are verified, full scale production of the mix may be resumed.
331-6.5.5 Disposition of In -Place Material: Any material in -place that is represented by the
failing test results (low stability, high flow, or less than 2.5% air voids) will be evaluated by the
Consultant to determine if removal and replacement is necessary. Remove and replace any in -
place material, if required, at no cost to the City.
331-7 Acceptance of the Mixture at the Roadway
331-7.1 Density Control Nuclear Method: The Contractor shall test and determine the in -place
density of each course of asphalt mix construction using the Nuclear Density Backscatter
Method as specified by T 238 (Method B). For a completed course, obtain an average in -place
density of at least 98% of the valid control strip density. The Contractor shall certify compliance
of each lot or pass of the paving train (refer to 331-7.3 and 331-7.4) with the density
requirements contained in this section of the specifications. No payment shall be made for any
lot without certified compliance to the satisfaction of the Consultant.
Do not perform density testing on patching courses, leveling and intermediate courses less than
1 inch [25 mm] thick (or a specified spread rate Tess than 100 Ib/yd2 [55kg/m2]), overbuild
courses where the minimum thickness is less than 1 inch [25 mm], projects less than 1,000 feet
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements
Pao. 1 f1S
Bid No.: 06-07-012
[300 m], sections with variable width, or open -graded friction courses. Compact these courses,
with the exception of open -graded friction courses in accordance with 330-10.1.2.
331-7.2 Control Strips: !n order to determine the density of compacted asphalt mixtures for the
purpose of acceptance, first establish a control strip. Construct one or more control strips for the
purpose of determining the control strip density. Construct a control strip at the beginning of
asphalt construction and one thereafter for each successive course. Construct a new control
strip for any change in the composition of the mix design, underlying pavement structure,
compaction equipment, or procedures. The Consultant may require an additional control strip
when the Consultant deems it necessary to establish a new control strip density or confirm the
validity of the control strip density being used at that time. The Contractor may also request a
confirmation of the control strip density. Construct the control strip as a part of a normal day's
run.
Construct a control strip 300 feet [100 m] in length and of an adequately uniform width to
maintain a consistent compaction effort throughout the section. When constructing the control
strip, start it between 300 and 1,000 feet [100 and 300 m] from the beginning of the paving
operation. Construct a control strip of a thickness that is the same as that specified for the
course of which it is a part. Construct the control strip using the same mix, the same paving and
rolling equipment, and the same procedures as those used in laying the asphalt course of which
the control strip is to become a part. Leave every control strip in place to become a portion of
the completed roadway.
In order to determine the acceptability of the control strip, make ten nuclear density
determinations at random locations within the control strip after completing the compaction of
the control strip. Do not make any determinations within 12 inches [300 mm] of any unsupported
edge. Use the average of these ten determinations for the Control Strip Density. For purposes
of determining the percent of laboratory density, as required in Table 331-8, the Consultant will
develop a correction factor at four nuclear density locations from 6 inch [150 mm] diameter
cores or by direct transmission nuclear determination where applicable. Cut the cores prior to
opening the roadway to traffic. The Consultant will calculate the percent of lab density to the
nearest 0.01% and round it to the nearest 0.1%. Should the percent of lab density in a control
strip exceed 99.0%, notify the Consultant immediately. In the event that a control strip does not
meet the minimum density requirements specified in Table 331-8, take appropriate corrective
actions and construct a new control strip. If three consecutive control strips fail to meet
specification requirements, the Consultant will limit production and placement of the mix to 400
to 500 feet [215 to 150 m], regardless of the thickness and width the Contractor is placing, until
the Contractor obtains a passing control strip.
Once the Contractor has obtained a passing control strip after a failing control strip (for the
same mix, layer, and project), the Consultant will use the passing control strip to accept all
previously laid mix. In the event the Contractor does not obtain a passing control strip, and this
particular mix, layer, etc., is completed on the project, the Consultant will evaluate density in
accordance with FM 5-543.
Table 331-8
Roadway Requirements for Bituminous Concrete Mixes
Mix Type
Density
Minimum Control Strip
Density*
(% of Lab Density)
Surface Tolerance
Flagami/West End Phase II and Fairlawn Phase JIB Sewer Improvements
Page 106
Bid No.: 06-07-012
S-I, S-II, S-III, Type II Type
III, SAHM
per 331-7
96
per 330-12
ABC-1, ABC-2, ABC-3
per 280-8.6
96
per 200-7
FC-2
No required density
N/A
per 330-12
FC-3
per 331-7
96
per 330-12
* The minimum control strip density requirement for shoulders is 95% of lab density.
331-7.3 Standards: For the purpose of acceptance and partial payment, the Consultant will
divide each day's production. The standard is 1,000 feet [300 m] of any pass made by the
paving train regardless of the width of the pass or the thickness of the course. A test area will be
250 feet [75 m] or Tess. The Consultant will consider pavers traveling in echelon as two separate
passes. When at the end of a production day, the completion of a given course, layer, or mix, or
at the completion of the project, and the size is determined to be less than 1,000 feet [300 m], it
will be considered a partial. Handle partials as follows: If the length is 500 feet [150 m] or less,
and a standard length 1,000 feet from the same day, mix, layer, and project is available, then
the standard will be redefined to include this and the number of tests required for the combined
area will be as shown in Table 331-9.
If the partial is 500 feet [150 m] or Tess, and a standards length of 1,000 feet from the same day,
mix, layer, and project is not available, the Consultant will evaluate the partial separately and
perform the number of tests required for the partial as shown in Table 331-9.
If the partial is greater than 500 feet [150 m] long, the Consultant will evaluate the partial
separately and perform the number of tests required for the partial as shown in Table 331-9
Table 331-9
Testing Requirements for Partials
Partial Size
Number of Tests
Less than 500 feet [150 mj
3
501 to 650 feet [151 to 195 mj
4
651 to 800 feet 1196 to 240 mj
5
801 to 1,000 feet [241 to 300 m
6
1,001 to 2,000 feet [301 to 600 m]- .
7.
Greater than 2,000 feet [600 m]
2 Standards
For each standard length and partial, the Consultant will make density determinations at a
frequency shown in Table 331-9 at random locations, but will not take them within 12 inches
[300 mm] of any unsupported edge. The Consultant will determine the random locations by the
use of statistically derived stratified random number tables. For the Contractor to receive full
payment for density, the average density of a standard shall be a minimum of 98.0% of the
control strip density. Once the Consultant determines the average density of a standard length,
do not provide additional compaction to raise the average. Notify the Consultant should the
average density for two consecutive standard lengths be greater than 102% of control strip
density.
Flagami/West End Phase II and Fairlawn Phase I1B Sewer Improvements Bid No.: 06-07-012
Page 107
331-7.4 Acceptance: The Consultant will accept the completed pavement with respect to
density on a LOT basis. The Department will make partial payment for those Standards that
have an average density less than 98.0% of the Control Strip Density based on Table 331-10:
Table 331-10
-
Payment Schedule For Density
Percent of Control Strip Density*
Percent of Payment
98.0 and above
100
97.0 to less than 98.0
95
96.0 to less than 97.0
90
Less than 96.0**
75
* In calculating the percent of control strip density, do not round off the final percentage.
** If approved by the Consultant, based on an engineering determination that the material is
acceptable to remain in place, the Contractor may accept the indicated partial pay; otherwise,
remove and replace the material at no expense to the City. The Contractor may remove and
replace the material at no expense to the City at any time.
331-7.5 Density Requirements for Small Projects and Other Non -mainline Roadway
Areas: For projects less than 750 feet [225 m] in length and bridge projects with approaches
less than 750 feet [225 m] each side, do not apply the requirements for control strips and
nuclear density determination. Use the standard rolling procedures as specified in 330-11.1.2.
Do not apply the provisions for partial payment to these small projects.
In other non -mainline roadway areas where it is not practical to establish a control strip, such as
parking areas, toll plazas, turn lanes, and acceleration/deceleration lanes, the Contractor may
use the standard rolling procedure to determine density requirements if so authorized in writing
by the Consultant.
331-7.6 Surface Tolerance: The bituminous mixture will be accepted on the roadway with
respect to surface tolerance in accordance with 330-13.
331-7.7 Warranty: The contractor shall warrant the Asphalt Pavement, placed under this
specification, for a period of one year after final acceptance. If, during this one year period, the
pavement distress exceeds threshold values determined in accordance with 331-7.8, the
Contractor shall provide remedial work at no cost to the City of Miami.
331-7.8 Pavement Condition: Threshold values and associated remedial work are specified in
Table 331-7.8.
TABLE 331-7.8
Type of Distress
Threshold Values
Remedial Work
Rutting
Depth > 0.4"
Remove and replace 1.5" depth the full
Zane width for the area plus 50' either
side
Cracking
Cumulative length of
cracking
> 300' for cracks
Remove and replace the distressed
area to the full depth of all layers, and to
the full lane width
Pot holes, Slippage
Observation by Engineer
Remove and replace distressed area(s)
to full distressed depth and to a
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements
Page 108
Bid No.: 06-07-012
Bleeding
Loss of surface texture due
to excess asphalt
minimum surface area of 150% of each
distressed area
Remove and replace distressed area(s)
to full distressed depth and to a
minimum surface area of 150% of each
distressed area
331-8 Method of Measurement.
The quantity to be paid for will be the weight of the mixture, in tons [metric tons], completed and
accepted. The weight will be determined as provided in 320-2 (including the provisions for the
automatic recordation system). The thickness of the asphalt shall be shown in inches (mm) on
the plans but ALL payment will be made on the basis of weight.
The bid price for the asphalt mix will include the cost of the liquid asphalt or the asphalt
recycling agent. There will be no separate payment for the bituminous material in the asphalt
mix.
There will be no separate payment for Tack or Prime coat materials. These costs shall be
included in the bid price for Type S Asphaltic Concrete.
331-9 Basis of Payment:
Price and payment will be full compensation for all the work specified under this Section,
including the applicable requirements of Sections 320 and 330.
Payment will be made under:
Item No. 331- 2- Type S Asphaltic Concrete - per ton.
Item No. 2331- 2-Type S Asphaltic Concrete - per metric ton.
SECTION 337
ASPHALT CONCRETE FRICTION COURSES ARTICLE 337 IS DELETED AND THEN
FOLLOWING SUBSTITUTED:
337-1 Description.
Construct an asphalt concrete friction course using the Contractor's Quality Control System as
defined in these Specifications. This Section specifies mixes designated as FC-2 and FC-3.
Meet the plant and equipment requirements of Section 320, as modified herein. Meet the
general construction requirements of Section 330, as modified herein.
337-2 Materials.
337-2.1 General Requirements: Meet the requirements specified in Division III of these
Specifications as modified herein. The Engineer will base continuing approval of material
sources on field performance.
337-2.2 Asphalt Rubber Binder: Meet the requirements of Section 336, and any additional
requirements or modifications specified herein for the various mixtures
FlagamiTWest End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page l09
337-2.3 Coarse Aggregate: Meet the requirements of Section 901, and any additional
requirements or modifications specified herein for the various mixtures.
337-2.4 Fine Aggregate: Meet the requirements of Section 902, and any additional
requirements or modifications specified herein for the various mixtures.
337-2.5 Hydrated Lime: Meet the requirements of AASHTO M303 Type 1. Provide certified
test results for each shipment of hydrated lime indicating compliance with the specifications.
337-3 General Composition of Mixes.
337-3.1 General: Use a bituminous mixture composed of aggregate (coarse, fine, or a
mixture thereof), asphalt rubber binder, and in some cases, fibers and/or hydrated lime.
Size, uniformly grade and combine the aggregate fractions in such proportions that the
resulting mix meets the requirements of this Section. The use of RAP material will not
be permitted.
337-3.2 Specific Component Requirements by Mix:
337-3.2.1 FC-2:
337-3.2.1.1 Aggregates: In addition to the requirements of Section 901, meet the following
coarse aggregate requirements. Use crushed granite, crushed slag or lightweight aggregates
approved by the Engineer. Crushed limestone from the Oolitic formation, may be used if it
contains a minimum of 12% non -carbonate material (as determined by FM 5-510), and has
been approved for this use. Aggregates other than those listed above may be used if approved
by the Engineer. In addition to the requirements of Section 902, meet the following fine
aggregate requirements. Use either crushed granite screenings, or crushed Oolitic limestone
screenings for the fine aggregate.
337-3.2.1.2 Asphalt Rubber: Use an ARB-12 asphalt rubber.
337-3.2.1.3 Hydrated Lime: Add the lime at a dosage rate of 1.0% by weight of the total dry
aggregate to mixes containing granite.
337-3.2.2.1: Aggregates: In addition to the requirements of Sections 901 and 902, use coarse
and fine aggregate components which also meet the aggregate requirements for an SP-9.5 or
SP-12.5 Superpave mix, respectively, as specified in Section 334. Use an aggregate blend that
consists of crushed granite, crushed Oolitic limestone, or a combination of the two. (Aggregates
other than those listed above may be used if approved by the Engineer for use in friction
courses.) Crushed limestone from the Oolitic formation may be used if it contains a minimum of
12% non -carbonate material as determined by FM 5-510 and the Engineer grants approval of
the source prior to its use. As an exception, mixes that contain a minimum of 60% crushed
granite may contain up to 40% fine aggregate from other approved sources.
337-3.2.2.2: Asphalt Binder: Use an ARB-5 asphalt rubber. If called for in the Contract, use a
PG 76-22 meeting the requirements of 916-1.
Flagami/West End Phase II and Fairlawn Phase IIB Sewer improvements Bid No.: 06-07-012
Page 110
337-3.3 Grading Requirements:
337-3.3.1 FC-2: Use a mixture having a gradation at design within the ranges
shown in Table 337-1.
Table 337-1
FC-2 Gradation Design Range
3/4 inch
1/2 inch3/8
inchNo.
4No.
8
No. 16
No. 30
No. 50
No. 100No.
200
[19.0
[12.50
[9.50
[4.75
[2.36
[1.18
[600 :m]
[300 :m]
[150 :m]
[75 :m]
mm
mm]
mm]
mm]
mm]
mm
100
85-100
55-75
15-25
5-10
-
-
-
-
P-4
Note: The No. 10 [2.00 mm] sieve may be used in lieu of the No. 8 sieve, with the same design
range.
337-3.3.2 FC-3 Meet the design gradation requirements for a SP-9.5 Superpave mix passing
above the restricted zone, as specified in Section 334.
337-4 Mix Design.
337-4.1 FC-2: Provide a previously approved Florida Department of Transportation mix
design for FC-2 mixtures. Furnish the materials and all appropriate information (source,
gradation, etc.) as specified in 334-3.2.5. The City of Miami will have two weeks to review the
proposed mix design to approve or reject the proposed mix. The City will approve the design
binder content for FC-2 based on the following ranges based on aggregate type:
Aggregate Type
Binder Content
Crushed Granite
5.5
- 7.0
Crushed Limestone (Oolitic)
6.5
- 8.0
337-4.2 FC-3: Provide a mix design conforming to the requirements of 334-2. Develop
the mix design using an ARB-5 meeting the requirements of Section 336.
337-4.3 Revision of Mix Design: For FC-3, meet the requirements of 334-2
337-5 Contractor's Quality Control.
Provide the necessary quality control of the friction course mix and construction in accordance
with the applicable provisions of 330-2 and 334-5-2 for FC-2, and 330-2 and 334-5.2 for FC-3.
The Contractor will continually monitor the spread rate to ensure uniform thickness and the
Consultant will periodically check for compliance. Provide quality control procedures for daily
monitoring and control of spread rate variability. If the spread rate varies by more than 5% of the
spread rate set by the Engineer in accordance with 337-9, immediately make all corrections
necessary to bring the spread rate into the acceptable range.
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 111
337-6 Acceptance of the Mixture At the Plant.
337-6.1 FC-3: The FC-3 mix will be accepted at the plant in accordance with 334-2. In
addition, the asphalt content of the mixture will be determined in accordance with FM 5-563 and
the gradation will be determined in accordance with FM 1-T 030.
Table 337-2
FC-3 Master Production Ram
Characteristic
olerance (1)
Asphalt Binder Content (%)
arget ± 0.60
Passing 3/8 inch [9.50 mm Sieve k%)
arget ± 7.50
Passing No. 4 [4.75 mm] Sieve (%)
arget ± 6.00
Passing No. 8 [2.36 mm] Sieve (%)
arget ± 3.50
(1) Tolerances for sample size of n = 1 from the verified mix design
337-6.2.1 Individual Test Tolerances for FC-3 Production: In the event that an individual
Quality Control test result of a sublot for gradation (P.318, P_4, and P_e), or asphalt binder content
does not meet the requirements of Table 337-2, steps shall be taken to correct the situation and
actions taken shall be reported to the Engineer.
In the event that two consecutive individual Quality Control test results for gradation (P_3,8, P4,
and P$) or asphalt binder content do not meet the requirements of Table 337-2, the LOT will be
automatically terminated and production of the mixture stopped until the problem is adequately
resolved (to the satisfaction of the Engineer), unless it can be demonstrated to the satisfaction
of the Engineer that the problem can immediately be (or already has been) resolved. Evaluate
any material represented by the failing test result in accordance with the following:
Assume responsibility for evaluating all low pay factor material or other material represented by
failing
test results, placed on the project. Complete the evaluation in accordance with the following:
1. Remove and replace the material at no cost to the City.
2. Obtain an engineering analysis, as directed by the Consultant, by an independent
laboratory (as approved by the Consultant) to determine if the material can (a) remain in place,
for this case the appropriate composite pay factor will be applied, or (b) be removed and
replaced at no cost to the City. The analysis will be a signed and sealed report by a Professional
Engineer licensed in the State of Florida. The Consultant may, at his sole option, perform an
engineering evaluation to determine if the material is suitable to (a) remain in place or (b) be
removed and replaced at no cost to the City.
337-7 Acceptance of the Mixture at the Roadway.
337-7.1 FC-3: The FC-3 mixtures will be accepted on the roadway with respect to
surface tolerance in accordance with the applicable requirements of 330-13. No density testing
will be required for these mixtures.
337-7.2 Additional Tests: The provisions of 334-5 will apply to FC-2 and FC-3.
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 112
337-8 Special Construction Requirements.
337-8.1 Hot Storage of FC-2 Mixtures: When using surge or storage bins in the normal
production of FC-5, do not leave the mixture in the surge or storage bin for more than
one hour.
337-8.2 Longitudinal Grade Controls for Open -Graded Friction Courses: On FC-2,
do not use a longitudinal grade control (skid, ski or traveling stringline). Use a joint matcher.
Non SI Units
PLI — Total Weight of Roller (pounds)
Total Width of Drums (inches)
SI Units
Total Weight of Roller(ki]ogrrams)
mm — Total Width of Drums (millimete rs)
337-8.3 Temperature Requirements for FC-2:
337-8.3.1 Air Temperature at Laydown: Spread the mixture only when the
air temperature (the temperature in the shade away from artificial heat) is at or above 60°F
[15°C]. In no case shall the mixture be placed at temperatures lower than 60°F [16°C].
337-8.3.2 Temperature of the Mix: Heat and combine the asphalt rubber
binder and aggregate in a manner to produce a mix having a temperature, when discharged
from the plant, meeting the requirements of 290°F [145°C] or as directed by the Engineer. Meet
all requirements of 330-9.1.2 at the roadway. The target mixing temperature shall be
established at 320°F [160°C].
337-8.4 Compaction of FC-2: Perform only seal roller, with a tandem steel wheeled
roller. Do not allow the weight of the steel wheeled roller to exceed 135 PLI [2.4 6 kg/mm],
determined as follows:
Non SI Units
PLI — Total Weight of Roller (pounds)
Total Width of Drums (inches)
SI Units
Total Weight of Roller(kilograms)
mm Total Width of Drums (millimete rs)
Perform seal rolling with a single coverage and with a nominal amount of overlap.
Where the lane being placed is adjacent tom a previously laid mat, do not pinch the longitudinal
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joint with the roller on the cold mat. Pinch the longitudinal joint with then roller on the mat being
rolled, overlapping onto the cold mat by no more than three inches [75 mm]. Never allow a
roller on the mat after completing the seal rolling.
(Any variation of this equipment requirement must be approved by the Engineer.)
Establish an appropriate rolling pattern for the pavement in order to effectively seat the mixture
without crushing the aggregate. In the event that the roller begins to crush the aggregate,
reduce the number of coverage's or the PLI of the rollers. If the rollers continue to crush the
aggregate, use a tandem steel -wheel roller weighing not more than 135 lb/in (PLI) [2.4 kg/mm]
of drum width.
337-8.5. Temperature Requirements for FC-3:
337-8.5.1 Air Temperature at Laydown: Spread the mixture only when the
air temperature (the temperature in the shade away from artificial heat) is at or above 45°F
[7°C].
337-8.5.2 Temperature of the mix: Heat and combine the asphalt rubber
binder and aggregate in a manner to produce a mix having a temperature, when discharged
from the plant, at 310°F [155°C] or as directed by the Engineer. Meet all requirements of
330-10.1.2 at the roadway.
337-8.6 Prevention of Adhesion: To minimize adhesion to the drum during the rolling
operations, the Contractor may add a small amount of liquid detergent to the water in the roller.
At intersections and in other areas where the pavement may be subjected to cross -traffic before
it has cooled, spray the approaches with water to wet the tires of the approaching vehicles
before they cross the pavement.
337-8.7 Transportation Requirements of Friction Course Mixtures: Cover all Toads
of friction course mixtures with a tarpaulin.
337-9 Thickness of Friction Courses.
The thickness of the friction courses will be based on the spread rate set by the Engineer. Plan
quantities are based on the maximum spread rate within the ranges shown below. Pay
quantities may be less, based on the spread rate set by the Engineer.
337-9.1 Spread Rate of FC-2: For FC-2 with granite, oolitic limestone, or other
conventional aggregate, the Engineer will set the spread rate within the range of 50 - 60 Ib/yd2
[27 -34 kg/m2]. For lightweight aggregate, the Engineer will set the spread rate within the
range of 28 — 35 Ib/yd2 [15-19 kg/m2].
337-9.2 Spread Rate of FC- 3: The Engineer will set the spread rate within the range of
100 - 110 Ib/yd2 [54 - 60 kg/m2].
337-10 Method of Measurement.
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The quantity to be paid for will be the weight of the mixture, in tons [metric tons]. The pay
quantity will be based on the average spread rate for the project, limited to a maximum of 1 05%
of the spread rate set by the Engineer in accordance with 337-9.
The bid price for the asphalt mix will include the cost of the asphalt binder (asphalt rubber (or
polymer), asphalt cement, ground tire rubber, anti -stripping agent, blending and handling) and
the tack coat application as directed in 300-7, as well as fiber stabilizing additive and hydrated
lime (if required). There will be no separate payment for the asphalt binder material in the
asphalt mix. The weight will be determined as provided in 320-2 (including the provisions for the
automatic recordation system).
Prepare a Certification of Quantities, using the Department's current approved form, for the
certified asphalt concrete friction course pay item. Submit this certification to the Engineer no
later than Twelve O'clock noon Monday after the estimate cut-off or as directed by the Engineer,
based on the quantity of asphalt produced and accepted on the Contract. The certification must
include the Contract Number, FPID Number, Certification Number, Certification Date, period
represented by Certification and the tons [metric tons] produced for each asphalt pay item.
337-11 Basis of Payment.
Price and payment will be full compensation for all the work specified under this Section
(including the applicable requirements of Sections 320 and 330).
Payment will be made under:
Item No. 337- 7- Asphaltic Concrete Friction Course -per ton.
Item No. 2337- 7- Asphaltic Concrete Friction Course -per metric ton.
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SECTION 425
INLETS, MANHOLES AND JUNCTION BOXES
The following new Subarticle 425-6.9 is added:
425-6.9 Reworking Existing Drainage Structures:
All existing catch basins that are to remain and/or that will be disconnected from existing
sanitary sewers or connected to the proposed storm sewer shall be reworked, if necessary, by
re -plastering interior walls, all to the satisfaction of the Consultant. The cost for all reworking of
catch basins shall be included in the unit price bid items in the Proposal and no additional
compensation will be allowed.
The following Section is added:
SECTION 523
PATTERNED/TEXTURED PAVEMENT
523-1 Description.
Apply a patterned and/or textured treatment to asphalt or concrete, in accordance with
manufacturer's recommendations. Treatments include both imprinted and surface
applications.
Meet the requirements of Section 350 for Cement Concrete Pavement; meet the
requirements of Section 331 for Type S asphalt or Section 337 Revised for FC-3. Meet
manufacturer's recommendations for all other surface treatments.
For the purpose of this Specification, patterns are defined as visible surface markings;
imprinted textures are defined as palpable surface markings.
Use the location, pattern/texture type (brick, stone, etc), and coating color as specified
in plans.
523-2 Materials Certification.
Meet manufacturer's specifications for all pattern/texture templates, coating and coloring
materials. Coefficient of friction (skid resistance) of imprinted and coated/colored
textures must meet the value of adjacent pavement on which the textured pattern is
placed. Use only material that is delivered to the job site in sealed containers bearing
the manufacturer's original labels. Provide certification from the manufacturer that the
imprinted texture, coating and coloring materials have a minimum three year
performance measure as described below and that the coefficient of friction meets the
value defined herein.
Performance measure for the imprinted textures is that imprint must maintain a depth of
50% of the original installed depth at the end of three years after Final Acceptance of
the project. Surface coatings must maintain 80% of their original color at the end of
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three years after Final Acceptance of the project. Original color values will be measured
at the time of Final Acceptance
523-3 Construction.
523-3.1 Surface Protection: Protect treated surfaces from traffic an
environmental effects until the area is completely coated/imprinted, and any coatings
have dried or cured according to the manufacturer's instructions.
523-3.2 Pavement Cuts: Complete all utility, traffic loop detector and other items
requiring a cut and installation under the finished surface, prior to pattern
installation
523-3.3 Installation Acceptance: Upon completion of the installation, the
Consultant will check the area at random locations for geometric accuracy, as specified
in the plans. If any of the chosen areas have an imprint depth of less than the
manufacturer's specifications, correct the entire textured area, at no additional cost to
the City.
Supply the specified color chips for the Consultant's use to visually determine
that the material matches the color specified in the plans. For any continuous or
touching area of an intersection, color materials must be from the same lot/batch.
523-4 Method of Measurement.
The quantity to be paid will be the area in square yards of patterned/textured pavement,
measured in place, completed and accepted. No deduction will be made for the area(s)
occupied by ornamental trees within the asphalt area, or other areas occupied by
manholes, inlets, drainage structures, or by any public utility appurtenances within the
area. Asphalt or concrete materials placed prior to treatment will be paid separately
under the appropriate pay items.
523-5 Basis of Payment.
Price and payment shall be full compensation for all work specified in this Section.
Surface materials, including colors, sealers, and/or resins, shall be included for payment
under this Section.
Payment will be made under:
523-1 Pattered/Textured Pavement - Per square yard.
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The following section is added:
SECTION 527
SWALE BLOCK
527-1. DESCRIPTION.
Construction of Concrete Swale Block lattice type in swales and other locations as
shown in the plans or as directed by the engineer.
527-2 MATERIALS.
527-2.1 Concrete Block: Use block approximately 3 1/8" in depth. The
minimum required thickness of the web between the openings is 1". The percent of
open area shall range between 30% and 50%. The block shall have an average
compressive strength of 5,000psi and no individual unit compressive strength of Tess
than 4,500psi.
527-2.2 Block Opening Filler: Swale block openings shall be filled with No. 8
coarse aggregate that meets the requirements of Section 901-1.4 of the Florida
Department of Transportation Standard Specifications for Road and Bridge Construction
2004.
527-2.3 Leveling Course: Shall be No. 8 coarse aggregate. It shall meet the
requirements of Section 901-1.4 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2004.
527-2.4 Base Course: Shall be No. 5 coarse aggregate. It shall meet the
requirements of Section 901-1.4 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction 2004.
527-2.5 Curb Border: Use Class I concrete meeting the requirements of Section
347 of the Florida Department of Transportation Standard Specifications for Road
and Bridge Construction 2004.
527-3. PLACEMENT.
527-3.1 Base course: Place a 9" layer of No. 5 coarse aggregate on firm and
unyielding sub- grade and level surface layer to a uniform plane.
527-3.2 Leveling Course: Place a 3" layer of No. 8 coarse aggregate over the
base course. Vibrate layer to a uniform plane surface with a low amplitude plate
compactor.
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527-3.3 Block: Hand place and interlock each concrete block in place to prevent
excessive movement. Firmly seat each block on the leveling course so it is in contact
over its entire area to prevent stress due to uneven placement. Vibrate blocks with a low
amplitude plate compactor fitted with either a rubber or a neoprene mat.
527-3.4 Block Opening Filler: Fill swale concrete block openings with No. 8
coarse aggregate.
527-3-5 Curb Border: it shall comply with Section 520 of the Florida Department
of Transportation Standard Specifications for Road and Bridge Construction 2004.
527-4. METHOD OF MEASUREMENT.
This item will be paid for by area in square yard of swale block, completed and
accepted.
527-5 BASIS OF PAYMENT.
Prices and payments will be full compensation for all labor, materials and equipment
necessary to install the swale blocks as specified in this Section, including excavation
and disposal of excavated material.
527-5.1 Block: Price and payment will be full compensation for furnishing and installing
the swale blocks and all labor, materials and equipment necessary for placement of the
block including but not limited to excavation and disposal of excavated material, compacting
the sub -grade to a firm unyielding surface, furnishing and installing the base course
materials, furnishing and installing the leveling course and fill the fill block -fill cells with the
leveling course material and all material, labor and equipment to saw cut the pavement,
and all labor, materials and equipment necessary for construction and placement of the curb
border block including but not limited to excavation and disposal of excavated.
Payment shall be made under:
Item No. 527-1-1 Swale Block — per square yard.
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SECTION 580
LANDSCAPE INSTALLATION
Section 580 is modified and expanded as follows:
580-1 Description.
Plant trees and shrubs of the species, size, and quality indicated in the plans. The City
reserves the right to adjust the number and location of any of the designated types and
species to be used at any of the locations shown, in order to provide for any
unanticipated effects which might become apparent after the substantial completion of
other phases of the project, or for other causes.
580-2 Materials.
580-2.1 Plants:
580-2.1.1 Authority for Nomenclature; Species, etc.: For the designated
authority in the identification of all plant material, refer to two publications of L.H. Bailey:
"Hortus III" and "Manual of Cultivated Plants," and ensure that all specimens are true
to type, name, etc., as described therein. For the standard nomenclature, refer to the
publication of the American Joint Committee on Horticultural Nomenclature,
"Standardized Plant Names."
580-2.1.2 Grade Standards and Conformity with Type and Species: Only
use nursery grown plant material except where specified as Collected Material. Use
nursery grown plant material that complies with all required inspection, grading
standards, and plant regulations in accordance with the latest edition of the Florida
Department of Agriculture's "Grades and Standards for Nursery Plants".
Except where a lesser grade might be specifically specified in the plans,
ensure that the minimum grade for all trees and shrubs is Florida No. 1. Ensure that all
plants are the proper size and grade at the time of delivery to the site, throughout the
project construction period and during the plant establishment period.
Ensure that plant materials are true to type and species and that any plant
materials not specifically covered in Florida Department of Agriculture's "Grades and
Standards for Nursery Plants" conform in type and species with the standards and
designations in general acceptance by Florida nurseries.
Ensure that plant materials are shipped with tags stating the botanical and
common name of the plant.
580-2.1.3 Inspection and Transporting: Move nursery stock in accordance
with all Federal and State regulations therefore, and accompany each shipment with
the required inspection certificates for filing with the Consultant.
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580-2.2 Water: Meet the requirements of Section 983.
580-3 Specific Requirements for the Various Plant Designations.
580-3.1 Balled-and-Burlapped Plants (B&B), and Wired Balled-and-Burlapped
(WB & B):
580-3.1.1 General: Properly protect the root ball of these plants until planting
them. The Consultant may reject any plant which shows evidence of having been
mishandled. Set the B&B and WB&B plants then remove the top ❑ of all wire, rope,
and binding surrounding the plant. Remove the burlap from the top 4 inches [100 rnm]
of the root ball. Do not disturb the root ball in any way. Bare root material is not allowed
for substitution.
At least 90 days before digging out B & B and WB & B plants, root -prune those
1 ❑ inches [38 mm] or greater in diameter and certify such fact on accompanying
invoices.
580-3.1.2 Provisions for Wiring: For plants grown in soil of a loose texture,
which does not readily adhere to the root system (and especially in the case of large
plants or trees), the Engineer may require WB & B plants. For WB & B plants, before
removing the plant from the excavated hole, place sound hog wire around the burlapped
ball, and loop and tension it until the tightened wire netting substantially packages the
burlapped ball such as to prevent disturbing of the loose soil around the roots during
handling.
580-3.2 Container -Grown Plants (CG): The Consultant will not accept any CG
plants with roots which have become pot-bound or for which the top system is too large
for the size of the container. Fully cut and open all containers in a manner that will not
damage the root system. Do not remove CG plants from the container until immediately
before planting to prevent damage to the root system.
580-3.3 Collected Plants (Trees and Shrubs) (C): Use C plants which have a
root ball according to ❑Florida Grades and Standards for Nursery Plants❑. Do not plant
any C plant before the Engineer's inspection and acceptance at the planting site.
580-3.4 Collected Plants (Herbaceous) (HC): The root mass and vegetative
portions of collected herbaceous plants shall be as large as the specified contai ner-
grown equivalent. Do not plant any collected plant before inspection and acceptance
by the Consultant.
580-3.5 Specimen Plants (Special Grade): When Specimen (or Special Grade)
plants are required, label them as such on the plant list, and tag the plant to be
furnished.
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580-3.6 Palms: Wrap the roots of all plants of the palm species before
transporting, except if they are CG plants and ensure that they have an adequate root
ball structure and mass for healthy transplantation as defined in Florida Grades and
Standards for Nursery Plants.
The Engineer will not require burlapping if the palm is carefully dug from marl or
heavy soil that adheres to the roots and retains its shape without crumbling. During
transporting and after arrival, carefully protect root balls of palms from wind and
exposure to the sun. Muck grown palms are not allowed. After delivery to the job site, if
not planting the palm within 24 hours, cover the root ball with a moist material. Plant all
palms within 48 hours of delivery to the site.
Move sabal and coconut palms in accordance with the "Florida Grades and
Standards for Nursery Plants."
580-3.7 Substitution of Container -Grown (CG) Plants: With the Consultant's
approval, the Contractor may substitute CG plants for any other root classification types,
if he has met all other requirements of the Contract Documents.
580-4 Planting Requirements.
580-4.1 Layout: Prior to any excavation or planting, mark all planting beds and
individual locations of palms, trees, large shrubs and proposed art and architectural
structures, as shown in the plans, on the ground with a common bright orange colored
spray paint, or with other approved methods, within the project limits. Obtain the
Consultant's approval and make necessary utility clearance requests.
580-4.2 Excavation of Plant Holes: Excavate plant holes after an area around the
plant three times the size of the root ball has been tilled to a depth of the root ball.
Ensure that the plant hole is made in the center of the tilled area only to the depth of the
plant root ball.
Where excess -material -has been excavated from the plant hole, use the excavated
material to backfill to proper level.
580-4.3 Setting of Plants: Center plants in the hole. Lower the plant into the hole so
that it rests on a prepared hole bottom such that the roots are level with, or slightly
above, the level of their previous growth and so oriented such as to present the best
appearance.
Backfill with native soil, unless otherwise specified on the plans. Firmly rod and
water -in the backfill so that no air pockets remain. Apply a sufficient quantity of water
immediately upon planting to thoroughly moisten all of the backfilled earth. Keep plants
in a moistened condition for the duration of the planting period.
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When so directed, form a water ring 6 inches [150 mm] in width to make a water
collecting basin with an inside diameter equal to the diameter of the excavated hole.
Maintain the water ring in an acceptable condition.
580-4.4 Special Bed Preparation: Where multiple or mass plantings are to be
made in extended bedding areas, and the plans specify Special Bed Preparation,
prepare the planting beds as follows:
Remove all vegetation from within the area of the planting bed and excavate the
surface soil to a depth of 6 inches [150 mm]. Backfill the excavated area with peat,
sand, finish soil layer material or other material to the elevation of the original surface.
Till the entire area to provide a loose, friable mixture to a depth of at least 8 inches [200
mm]. Level the bed only slightly above the adjacent ground level. Then mulch the entire
bedding area, in accordance with 580-8.
580-5 Staking and Guying.
580-5.1 General: When specified in the plans, or as directed by the Consultant,
stake plants in accordance with the following.
Use wide plastic, rubber or other flexible strapping materials to support the tree
to stakes or ground anchors that will give as the tree moves in any direction up to 30
degrees. Do not use rope or wire through a hose. Use guy chords, hose or any other
thin bracing or anchorage material which has a minimum 12 inches [300 mm] length of
high visibility flagging tape secured to guys, midway between the tree and stakes for
safety. Stake trees larger than 1 inch [25 mm] diameter and smaller than 2 inches [50
mm] diameter with a 2 by 2 inch [50 by 50 mm] stake, set at least 2 feet [0.6 m] in the
ground and extending to the crown of the plant. Firmly fasten the plant to the stake with
flexible strapping materials as noted above.
580-5.2 Trees of 2 to 3-1/2 inches [50 to 90 mm] Caliper: Stake all trees, other
than palm trees, larger than 2 inches [50 mm] caliper and smaller than 3-1/2 inches [90
mm] caliper with two 2 by 4 inch [50 by 100 mm] stakes, 8 feet [2.4 m] long, set 2 feet
[0.6 m] in the ground. Place the tree midway between the stakes and hold it firmly in
place by flexible strapping materials as noted above.
580-5.3 Large Trees: Guy all trees, other than palm trees, larger than 3-1/2
inches [90 mm] caliper, from at least three points, with flexible strapping materials as
noted above. Anchor flexible strapping to 2 by 4 by 24 inch [50 by 100 by 600 rnm]
stakes, driven into the ground such that the top of the stake is at least 3 inches [75 rnm]
below the finished ground.
580-5.4 Special Requirements for Palm Trees: Brace palms which are to be
staked with three 2 by 4 inch [50 by 100 mm] wood braces, toe -nailed to cleats which
are securely banded at two points to the palm, at a point one third the height of the
trunk. Pad the trunk with five layers of burlap under the cleats. Place braces
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approximately 120 degrees apart and secure them underground by 2 by 4 by 12 inch
[50 by 100 by 300 mm] stake pads.
580-6 Tree Protection and Root Barriers.
Install tree barricades when called for in the Contract Documents or by the Consultant
to protect existing trees from damage during project construction. Place barricades at
the drip line of the tree foliage or as far from the base of the tree trunk as possible.
Barricades shall be able to withstand bumps by heavy equipment and trucks. Maintain
barricades in good condition. When called for in the Contract Documents, install root
barriers or fabrics in accordance with the details shown.
580-7 Pruning.
Prune all broken or damaged roots and limbs in accordance with established
arboriculture practices. When pruning is completed ensure that all remaining wood is
alive. Do not reduce the size or quality of the plant below the minimum specified.
580-8 Mulching.
Uniformly apply mulch material, consisting of wood chips (no Cypress Mulch is allowed),
pine straw, compost, or other suitable material approved by the Engineer, to a minimum
loose thickness of 3 inches [75 mm] over the entire area of the backfilled hole or bed
within two days after the planting. Compost used for mulch shall meet the requirements
of Section 987. Maintain the mulch continuously in place until the time of final
inspection.
580-9 Disposal of Surplus Materials and Debris.
Dispose of surplus excavated material from plant holes by scattering or otherwise as
might be directed so that it is not readily visible or conspicuous to the passing motorist
or pedestrian. Remove all debris and other objectionable material from the site and
clean up the entire area and leave it in neat condition.
580-10 Contractor's Responsibility for Condition of the Plantings.
Ensure that the plants are kept watered, that the staking and guying is kept adjusted as
necessary, that all planting areas and beds are kept free of weeds and undesirable
plant growth and that the plants are maintained so that they are healthy, vigorous, and
undamaged at the time of acceptance.
580-11 Plant Establishment Period and Contractor's Warranty.
Assume responsibility for the proper maintenance, survival and condition of all
landscape items for a period of one year after the final acceptance of all work under the
Contract in accordance with 5-11. Provide a Warranty/Maintenance Bond to the
FlagamiNVest End Phase II and. Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
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Department in the amount of the total sums bid for all landscape items as evidence of
warranty during this plant establishment period. The costs of the bond will not be paid
separately, but will be included in the costs of other bid items.
In addition to satisfying the provisions of Section 287.0935, Florida Statutes, the
bonding company is required to have an A.M. Best rating of A or better. If the bonding
company drops below the A rating during the one year Warranty/Maintenance Bond
period, provide a new Warranty/Maintenance Bond for the balance of the one year
period from a bonding company with an A or better rating. In such event, all costs of the
premium for the new Warranty/Maintenance Bond shall be at the Contractor's expense.
Take responsibility to apply water as necessary during this period and include the cost
in the various landscape items. No separate measurement or payment will be made for
water during the plant establishment period.
The Consultant will conduct interim inspections of all landscape items 90 days, 180
days and 270 days into the plant establishment period, as well as at the end of the plant
establishment period. As part of the warranty to the City, and at no cost to the City,
immediately replace all landscape items found not to meet minimum specifications as
shown in 580-2.1.2 after each inspection.
At the end of the one year warranty period, the City will release the Contractor from
further warranty work and responsibility, provided all landscape items are established
and all previous warranty and remedial work, if any, has been completed.
580-12 Method of Measurement.
The quantities to be paid for will be the items shown in the plans, completed and
accepted.
580-13 Basis of Payment.
Prices and payments will be full compensation for all work specified in this Section,
including furnishing and planting the designated plant types, the furnishing and placing
of the plant backfill, fertilizer and mulch, (except where such are shown to be paid for
under a separate item), the application of water, the maintenance, care, etc., and all
costs of any required replacing of plantings or restoring of damaged areas.
583-1 Tree (seedlings) PL
583-2 Tree (10" to 18" Height) PL
583-3 Tree (19" to 7' Height) PL
583-4 Tree (8' to 20' Height) PL
583-5 Tree (21' or more Height) PL
584-3 Palms Single Trunk (19" to 7' Height) PL
584-4 Palms Single Trunk (8' to 20' Height) PL
584-5 Palms Single Trunk (21' or more in Height) PL
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585-2 Palms Clump Type (10" to 18" Height) PL
585-3 Palms Clump Type (19" to 7' Height) PL
585-4 Palms Clump Type (8' to 20' Height) PL
SECTION 711
THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS
Subarticle 711-4.1 is expanded by the following:
Thermoplastic Pavement Markings shall be placed no sooner than 30 days after the placement
of the upper or top layer of Asphaltic Concrete pavement including Friction Course, if specified.
Painted Pavement Markings and/or Temporary Marking Tape shall be used for the period
between final placement of the Asphaltic Concrete Pavement and the placement of the
Thermoplastic Pavement Markings.
Subarticle 711-8 is expanded as follows:
Prices and Payments for Thermoplastic Pavement Markings shall include all costs of
Paint/Temporary Tape and the cost for installation of same for the period between final
installation of Asphaltic Concrete Pavement and the installation of the Thermoplastic
Pavement Markings.
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Bid No.: 06-07-012
2. REFERENCED MATERIAL SPECIFICATIONS
2.1. DIVISION III OF THE FLORIDA DEPARTMENT OF TRANSPORTATION STANDARD
SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, 2000 EDITION, ARE
ADOPTED BY REFERENCE AND MODIFIED AS FOLLOWS:
THROUGHOUT THE STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE
CONSTRUCTION, SUBSTITUTE THE WORD "CONSULTANT" FOR THE WORD
"ENGINEER" AND THE WORD "CITY" FOR THE WORD "DEPARTMENT" WHENEVER
THEY APPEAR.
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Section 4 Attachments
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Page 128
THE CITY HAS INCLUDED IN THE CONTRACT DOCUMENTS, AS ATTACHMENTS,
FORMS WHICH ARE TO BE UTILIZED BY THE CONTRACTORS AND/OR THE CITY.
FAILURE BY THE CONTRACTOR TO UTILIZE THESE FORMS MAY RESULT IN THE
REJECTION OR DELAY IN PROCESSING THE SUBMITTAL. THE CITY THROUGH THE
CIP MAY AT ITS SOLE DISCRETION AND AT ANY TIME, ADD, REPLACE OR MODIFY
THEFORMS USED UNDER THE CONTRACT DOCUMENTS.
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ii
5
00400. BID FORM: (Page lof 8)
City of Miami, Florida
Office of the City Clerk
City Hall, 1st Floor
3500 Pan American Drive
Miami, Florida 33133-5504
Submitted: IC) ` t / O `Z
Date
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 political subdivision
of the State of Florida, pursuant to the terms and conditions of the Contract Documents
and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of
transportation, and all labor necessary to construct and complete within the time limits
specified the Work covered by the Contract Documents for the Project entitled:
Bid No: 06-07-012
Title: FLAGAMI/WEST END STORM SEWER IMPROVEMENTS -PHASE II, B-50695
and FAIRLAWN STORM SEWER IMPROVEMENTS PHASE IIB, B-50703
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or
alternative form of security, if permitted by the City, each for not less than the total bid
price plus alternates, if any, and 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
Performance Bond and Payment Bond 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.
FIanamiM/RSt End Phase 11 and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
SE, 7.15:29 FROM:
TO:931354598287 P.3/8
I 'act Lot
Total Price Package II:
00400. BID FORM: (Page 2 of 8)
Note: Bidders are bidding on a lump sum 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 pa . • ents
base • • • actual work performed.
PROJECT PACK - Flagami/West End Storm Sewer 1
Our LUMP SUM BID includes the • : ost for th
of furnishing all materials, labor, equipmen
required, in accordance with the Bid • 'cations.
Total Price Package I:
S-'
Written Amount
vements B-50695
rk specified in this bid, consisting
ervision, mobilization, overhead & profit
PROJECT PACKAGE II - Fairlawn Storm Sewer improvements IIB-50703
Our LUMP SUM BID includes 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.
$ II1 1S/D4-2..Q°
kfki
V%€€__ 1 ! r 0 ri e A <�! e ` J - "1"4 < 1 ''1.1 h-(.O I kr)
Written Amount
A CONTINGENCY ALLOWANCE may be established for this Agreement for
unforeseen circumstances or City requested changes and shall be authorized at
the sole discretion of the City.
Total Price Package I & II:
5.C,o u.„ (A.4-5A CJ r-e
<Se u}cn -\ ,Se t Written Amount
DIRECTIONS: COMPLETE PART I OR PART 11, WHICHEVER APPLIES, AND PARTS III AND IV.
Part I: Listed below are the dates of issue for each Addendum received in connection
with this Bid:
Addendum No. 1, Dated cl 1-1
Addendum No. 2, Dated ID (-4 7
Addendum No. 3, Dated
Addendum No. 4, Dated
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements
Page 131
Bid No.: 06-07-012
00400. BID FORM: (Page 3 of 8)
Part II: No addendum was received in connection with this Bid.
Part III; Certifications
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following,
and shall comply with all the stated requirements.
1. Affirmative Action Plan
Successful bidder(s) shall establish an Affirmative Action Plan or an Affirmative Action Policy
pursuant to Ordinance #10062 as amended. Effective date of implementation must be
indicated on the policy: and
2. First Source Hiring
Bidder certifies that (s)he has read and understood the provisions of City of Miami
Ordinance Section 18-110, pertaining to the implementation of a "First Source Hiring
Agreement". Evaluation of bidder's responsiveness to Ordinance Section 18-110 may be a
consideration in the award of a contract.
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;
(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
Flaaami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
00400. BID FORM: (Page 4 of 8)
(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute
for a violation occurring in the workplace no later than five (5) calendar days after such
conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such
conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is convicted
of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including
termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health,
law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug -free workplace program through
implementation of subparagraphs(1) through (6); and
5. Lobbying
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(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-req uisite
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; and
Note: In these instances, "AII" in the Final Rule is expected to be clarified to show that it
applies to covered contract/grant transactions over $100,000 (per QMB).
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
00400. BID FORM: (Page 5 of 8)
6. Debarment. Suspension and Other Responsibility Matters
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
b. Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or falsification or destruction of records, making false statements, or
receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly 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.
Part IV; Certification — Trench Safety Act
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the Trench
Safety Act, and will comply with all applicable trench safety standards. Such assurance shall be
legally binding on all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards.
Bidder acknowledges that included in the various items of the proposal and in the total bid price
are costs for complying with the Florida Trench. Safety Act. These items are a breakout of the
respective
items involving trenching and will not be paid separately. They are not to be confused with bid
items in the schedule of prices, nor be considered additional work.
The Bidder further identifies the costs and methods summarized below:
Quantity Unit
Description Unit Price Price Extended . Method
i, l0o /O. cv C./ //Coo
G1-)c; c)c, , 300 20. oo 2(e, QQO
3; Z0G / F L 32� ecx�
ooc^ F o 8O/ 000
Total $ I 'IV; C CO
rianami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
00400. BID FORM: (Page 6 of 8)
Attached is a Bid Bond [ fJ, 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
✓ e_ _p (, .e A f
Dollars ($ .5' o
).
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: Vie. �c� -� r�SS �-r1c
Signature: \At-4,
Printed NamefTitle: { 6 0 - t (C So be i'c--S C-5t
City/State/Zip: 1-t i ci { ea Vs i F L / 3 3 c::
Telephone No.: 30s - Z 8 c .
Facsimile No.:ac: -i--i.S-9 - ‘2? E-Mail Address: �7��� e m �' ��r� ssc= :c{� -
Social Security
No. or Federal
I.D.No.: Ol /
Dun and
Bradstreet No.:
If a partnership, names and addresses of partners:
(if applicable)
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
00400. BID FORM: (Page 7 of 8)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
��'0-,c�;cssr►c , a corporation organized and existing under the laws
of the State of v . ��; held on the i day of ocJ Z resolution was duly
passe and adopted authorizing (Name) )El, o la t osocs as
(Title) hc� c-.es,�v-Y4- 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.
ITNESS WREOF, I have hereunto set my hand this / , day of 0c. ] • , 20_ 0 7
Secretary:
i) i• ;�
Print: o i rczsuffr-
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a partnership organized and existing under the laws
of the State of , held on the day of , a resolution was duly passed
and adopted authorizing (Name) as (Title) of the to
execute bids on behalf of the partnership and provides that his/her execution thereof, attested by a
partner, shall be the official act and deed of the partnership.
I further certify that said partnership agreement remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Partner:
Print:
CERTIFICATE OF AUTHORITY
IF JOINT VENTURE)
Joint venturers must submit a joint venture agreement indicating that the person signing this bid is
authorized to sign bid documents on behalf of the joint venture. If there is no joint venture agreement
each member of the joint venture must sign the bid and submit the appropriate Certificate of Authority
(corporate, partnership, or individual).
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name) , individually and doing business
as (d/b/a) (If Applicable) have executed and am bound
by the terms of the bid to which this attestation is attached.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Signed:
Print:
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
00400. BID FORM: (Page 8 of 8)
NOTARIZATION
STATE OF i(O!t ' )
)SS:
COUNTY OF tit CA r1'i.
The foregoing instrument was acknowledged before me this 9 day of oc- 4
20 O 2 , by s -Dc-1 c -r-asc krrf « s , who is personal ,,.known to me or who
produced C / as identification and who (did / did not) take an oath.
ATURE OFFNOTARY PUBLIC
STATE OF FLOBIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
Nnt?�' - h;:r ct2;e of Florida
e,• C' ilanc? •i; '„0er
�. •� , `i t" My Co r ss;on 00419124
• 0?`S�c Ex;nres 04; i 7!2QQ9
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements
D.,..o 7 7'7
Bid No.: 06-07-012
00402 FLAGAMUWEST END STORM SEWER IMPROVEMENTS, PHASE II B-50695 Page 1 of 3
Line
No.
Pay Item No.
Pay Item Description
Unit
Quantity
r
Unit Cost
Cost
1
101-1
Mobilization
LS
1
1
2
102-1
Maintenance of Traffic
LS
1
3
104-11
Floating Turbidity Barrier
LF
290
4
SP-1
Pavement Driveway restoration (6' I.R. Base & 1' Asph.)
SY
7970
5
SP-2
Concrete Driveway Restoration, including all types of surfaces
SY
1595
6
285-706
8' Limerock Base (LBR 100)
SY
23634
7
285-711 ,
12" Limerock Base (LBR 100)
SY
343
8
327-70-19
Asphalt Milling (3/4' Average)
SY
58946
9
331-72
Asphaltic Concrete Type S-111 Resurfacing (100 Ibl y avg)
SY
82923
10
400-1-2
Concrete Class I (Endwalls)
CY
8
11
400-2-2
Concrete Class II (Endwalls)
CY
26
12
415-1-3
Reinforcing Steel (Endwalls)
LB 1944
r
13
425-1-543
Drainage Structure Type `D' inlet with "J-Bottom (<10' depth)
EA
3
14
425-1-543
Drainage Structure Type-D' inlet with 'J-Bottom (>10' depth)
EA
4
15
425-1-901-D4
Inlets Type D-4 (<10 ft. depth)
EA
82
16
425-1-901-D5
Inlets Type 0-5 (<10 ft. depth)
EA
11
17
425-1-901-D6
Inlets Type D-6 (<10 ft. depth)
EA
21
18
425-1-902-D8
Inlets Type D-8 (<10 ft. depth)
EA
5
19
425-1-901-D8
Inlets Type D-8 (>10 ft depth)
EA
7
20
425-2-101-04
Manhole Type D-4 (<10 ft depth)
EA
4
2i
425-2-101-D5
Manhole Type D-5 (<10 ft depth)
EA
17
22
425-2-101-05
Manhole Type D-5 (>10 ft depth)
EA
3
23
425-2-101-D6
Manhole Type D-6 (<10 ft depth)
EA
8
24
425-2-102-06-
Manhole Type D-6 (>10 ft depth)
1
_
25
425-2-101-08
Manhole Type D-8 (<10 ft depth)
EA
10
26
425-2-102-D8
Manhole Type D-8 (>10 ft depth}
14
27
425-2-72
Manhole Type "J-7" (<10 ft depth)
£a
7
Flagarni)West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 138
:WOJd 68:ST L002-82-dBS
L8286S7S026:01
co
•0403 E eGAMUWEST FND SEWER PROJECT.
PHASE 11. B-506' Pa ,e 2 of 3
Line
No,
Pa Item No.
STORM
Pay Item Description
Unit
Quantity
Unit Cost
Cost
28
430-11-323
15"RCP Class Ill Storm Sewer an de •th of cut
l_F
510
29
430-11-325
18" RCP Class III Storm Sewer an death ofcut
LF
3469
30
430-11-329
24" RCP Crass III Storm Sewer an death of cut
LF
1330
31
430-11-333
30' RCP Class III Storm Sewer, an death of cut
LF
3147
32
430-11-338
36' RCP Class HI Storm Sewer, an death of cut
LF
3825
'
33
430-11-340
42' RCP Class 111 Storm Sewer an death of cut
LF
1073
34
430-11-341
48' RCP Class III Stomi Sewer, an de. h of cut
LF
2094
35
430-11-342
54' RCP Class Ill Storm Sewer an death of cut
LF
1752
36
430-11-343
60" RCP Class 111 Storm Sewer, an death of cut
LF
582
37
430-11-344
66" RCP Class ill Storm Sewer, an de •th of cut
LF
1085
38
430-11-3456
72" RCP Class III Storm Sewer, an death of cut
LF
190
39
430-81-029
24' Solid CAP Storm Sewer, an death of cut
LF
182
40
430-81-033
30" Solid CAP Storm Sewer, an death of cut
LF
35
41
443-70-3
18' CAP French Drain, an death of cut
LF
1104
42
443-7-4
24' CAP French Drain, any depth of cut
LF
1896
43
443-70-5
30' CAP French Drain an death of cut
LF
702
44
460-5-1
Manatee Barrier for 48" Endwall
EA
1
45
460-5-2
Manatee Barrier for 60" Endwall
EA
1
46
460-5-3
Manatee Barrier for 72' Endwall
EA
1
47
520-2-4
Concrete Curb T .e "D"
LF
125
48
522-i
Sidewalk Concrete 4' Thick ADA corn .liant ram •
SY
4475
49
522-2
Sidewalk Concrete (6' Thick)
SY
527
50
530-1
Ri. Ra. Sand -Cement
CY
15
51
575-1-1
Soddin• Bahia
SY
44241
52
580-332-2
Remove Existin• Trees Cut and Remove
EA
5
FlagamiMest End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 139
:W0ed 62:ST L0e2-82-d3S
L8286SISO26:e1
00402 FLAGAMIIWEST END STORM SEWER PROJECT, PHASE II, B-50695
Page 2 of 3
No. Line
Pay Item No.
Pay Item Description -
Unit
Quantity
Unit Cost
Cost
53
580-336
Root Prune and Trim Existing Tree
EA
59
54
583-3
Tree (5 gallon container 19- to 7' height or spread)
EA
2
55
583-4
Tree (15 gallon container 8' to 20' height or clear trunk)
EA
22
56
584-3
Single Trunk Palms (5 gallon container 19" to 7' height or spread)
EA
24
57
584-4
Single Trunk Palms (15 gallon 8' to 20' height or clear trunk)
EA
13
58
1070-100-14
18" TideFlex Slip -in Type Check Valve Series 37G
EA
4
FLAGAMUWEST END STORM SEWER PROJECT TOTAL
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 140
i
L8286S7S026:01
00402 FAIRLAWN STORM SEWER IMPROVEMENTS PHASE IIB, B-50703
Pagel oft
Line
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Pay Item Ho.
101-1
102-1
SP-1
SP-2
285-706
327-70-19
331-72
425-1-901-D4
425-1-901-D5
425-1-901-D6
425-2-101-D4
425-2101--05
425-2-101-D6
425-2-72
Pay Item Description
Mobilization
Maintenance of Traffic
Pavement Driveway Restoration (6' L.R. Base & 1' Asph)
Concrete Driveway Restoration, including all types of surfaces
8' Limerock Base (LBR 100)
Asphalt Milling (3/4' Average)
Asphaltic Concrete Type S-111 Resurfacing (100 Ibtsy avg)
Inlets Type D-4 (<10-ft. deep)
Inlets Type D-5 (<10-ft. deep)
Inlets Type D-6 (<10 ft. deep)
Manhole Type D-4 (<10 ft depth)
Manhole Type 0-5 (<10 ft depth)
Manhole Type D-6 (<10 ft depth)
Manhole 6'x 6' Box Type (<10 ft depth)
Unit j Quantity j Unit Cost
LS
LS
SY
SY
SY
SY
SY
EA
EA
EA
EA
EA
EA
EA
1
1
3145
227
12160
36490
48650
53
14
4
2
8
5
3
Cost
1J
^4.00-1 1-JGJ
10 Rhr 1'.J10ai Ili) VW1111 .acnrc1, oily blctlll1 V1 VUl
r
•---
16
430-11-329
24" RCP (Class Ill) Storm Sewer, any depth of cut
LF
522
17
430-11-333
30' RCP (Class III) Storm Sewer, any depth of cut
LF
158
18
430-11-338
36' RCP (Class Ill) Storm Sewer, any depth of cut
LF
546
-
19
430-99-27
24' HOPE Storm Sewer, any depth of cut
LF
312
20
430-99-29
30" HDPE Storm Sewer, any depth of cut
LF
77
'
1
21
430-99-31
36" HOPE Storm Sewer, any depth of cut
LF
10
1
22
443-70-4
24" HDPE French Drain, any depth of cut
LF
2959
23
443-70-5
30" HDPE French Drain, any depth of cut
LF
1321
24
443-70-6
36" HDPE French Drain, any depth of cut
LF
933
25
520-2-4
Concrete Curb Type `D"
LF
150
26
522-1
Sidewalk Concrete (4' Thick, including ADA compliant ramps)
SY
1722
27
522-2
Sidewalk Concrete (6' Thick)
SY
286
Flagami)West End Phase I1 and Fairlawn Phase 118 Sewer Improvements
Page 141
Bid No.: 06-07-012
L8886SbS026:01
-o
•
CO
1
FAIRLAWN STORM SEWER PROJECT, PHASE IIB, B-506703
Page 2 of 2
Line
No.
Pay Item No.
Pay Item Description
Unit .
Quantity
Unit Cost
Cost
28
575-1-1
Sodding (Bahia)
SY
13900
29
580-332-2
Remove Existing Tree
EA
3
30
580336
Root Prune and Trim Existing Tree
EA
12
31
583-3
Tree (5 gallon container 19" to 7' height or spread)
EA
1
32
583-4
Tree (15 gallon container 8' to 20' height or clear trunk)
EA
6
33
584-3
Single Trunk Palms (5 gallon container 19" to 7' height or spread)
EA
9
34
584-4
Single Trunk Palms (5 gallon container 8' to 20' height or spread)
EA
9
36
1100-111-414
12" Ductile Iron Pipe (Class 53), any depth of cut
LF
57
36
1 1100-111-424
16" Ductile Iron Pipe (Class 53), any depth of cut
LF
50
i
•
FAIRLAWN STORM SEWER IMPROVEMENTS TOTAL
*FLAGAMVWEST END and FAIRLAWN STORM SEWER IMPROVEMENTS LUMP SUM TOTAL
* Complete only if your firm is bidding on both projects,
Flagamitwest End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 142
:WOZId 02: ST .L 2-82- d8S
L8286S7S026:01
in
co
00405. City OF MIAMI LICENSES. PERMITS AND FEES:
Pursuant to the Public Bid Disclosure Act, each license, permit or fee REQUIRED BY THE CITY
AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is waived as
follows:
"City of Miami Master Permit Fee and applicable Major Trade Permit fees
(Le. Mech., Plumbing, Elec., & Fire) are waived. Any other permit fees not
directly related to the actual construction of the project (Le. Permits for
dumpsters, job trailers) are not waived"..."Licenses, permits and fees
which may be required by Miami -Dade County, the State of Florida, or other
governmental entities are not waiveable."
LICENSES, PERMITS AND FEES WHICH MAY BE REQUIRED BY MIAMI-
DADE COUNTY THE STATE OF FLORIDA, OR OTHER GOVERNMENTAL
ENTITIES ARE NOT INCLUDED IN THE ABOVE LIST.
• - -. 11 .. 110 0........ 1.......,........-...a.. r :.i wt_ _ Ai" n's nw n
00410. BID BOND FORM (Page 1 of 3)
State of Florida
County of Dade
City of Miami )
SS
KNOWN ALL PERSONS BY THESE PRESENTS, that as
Principal, as Surety,
are held and firmly bound unto The City of Miami, in the penal sum of
Dollars ($ ) 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 accompanying bid, dated , 20�, for:
Flagami/West End Storm Sewer Improvements Phase II, CIP Project No. B-50695 and
Fairlawn Storm Sewer Improvements Phase IIB, CIP Project No. B-50703
NOW THEREFORE:
(a) If the principal shall not withdraw said bid within sixty (60) days after date of opening the
same, and shall within ten (10) days after the prescribed forms are presented to him for
signature, enter into a written contract with the City, in accordance with the bid as
accepted, and give bond with good and sufficient Surety or Sureties, as may be
required, for the faithful performance and proper 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.
oti•zco 1i anti Fairlawn Phase 118 Sewer Improvements
Bid No.: 06-07-012
00410. BID BOND FORM (Page 2 of 3)
IN WITNESS WHEREOF, the above bound parties have executed this instrument under
their several seals, this
day of , A. D., 20,
the name and corporate seal of 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,
Partnership, or Joint Venture,
two (2) Witnesses are required.
If Corporation, Secretary
only will attest and affix seal.)
PRINCIPAL:
(Name of Firm)
Affix
Seal
(Signature of authorized officer)
(Title)
(Business Address)
City
State Zip
Surety:
(Corporate Surety)
Affix
Seal
Surety Secretary (Signature of Authorized Officer)
(Title)
(Business Address)
City
State Zip
(Name of Local Insurance Agency)
Address
Telephone Number
00410. BID BOND FORM (Page 3 of 3)
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of
the Corporation named as Principal in the within bond; that
of said corporation; that 1 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 me, a Notary Public duly commissioned, and qualified, personally
appeared _ to me well known, who being by me first duly
sworn upon oath, says that he/she is the attorney -in -fact, for the
and that he/she has been authorized by
to execute the foregoing bond on behalf of the Contractor named
therein in favor of The City of Miami, Florida.
Subscribed and sworn to before me this
INSTRUCTIONS: Bid Bonds
must be accompanied by
a Power of Attorney, in
compliance with
Instructions to Bidders
day of A. D., 20
Notary Public, State of Florida at Large
My Commission Expires:
Fnd Phase II and Fairlawn Phase IIB Sewer Improvements
Bid No.: 06-07-012
00500. SUPPLEMENT TO BID FORM:
QUESTIONNAIRE
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER,
SUBMISSION OF THE FORM OR ANY ADDITIONAL INFORMATION NOT
INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE
DISCRETION OF THE CITY, MAY BE SUBMITTED WITHIN SEVEN (7)
CALENDAR DAYS OF THE CITY'S REQUEST. FAILURE TO SUBMIT THE
FORM OR ADDITIONAL INFORMATION UPON REQUEST BY THE CITY SHALL
RESULT IN THE REJECTION OF THE BID AS NON -RESPONSIVE.
The undersigned authorized representative of the Bidder certifies the truth and accuracy of all
statements and the answers contained herein.
1. How many years has your organization been in business while possessing one of the
licenses, certifications, or registrations?
License/Certification/Registration Name and Number # Years
!Z
1A. What business are you in? 05 n -
2. What is the last project of this nature that you have completed?
1D t Qr-1 J); a i
3. Have you ever failed to complete any work awarded to you? If so, where and why?
iL' c.v
4. Give owner names, addresses and telephone numbers, and Surety and project names,
for all projects for which you have performed work, where your Surety has intervened to
assist in completion of the project, whether or not a claim was made.
1UJ E
cI—,,-,iM/Pst End Phase II and Fairlawn Phase JIB Sewer Improvements Bid No.: 06-07-012
5. Give names, addresses and telephone numbers of three individuals, corporations,
agencies, or institutions for which you have performed work:
(fume) (address) (phone #)
t�a� Cot'ni ea) /// r uJ 3 -/SST
(name) (address) (phone #)
733 _o 1•)3
(name) (address) (phone #)
'
6. List the following information concerning all contracts in progress as of the date of
submission of this bid. (In case of co -venture, list the information for all co -venturers.)
TOTAL DATE OF % OF
CONTRACT COMPLETION COMPLETION
VALUE PER CONTRACT TO DATE
NAME OF OWNER &
PROJECT PHONE #
a_ Oa, e3 - 330113 /' %
'&de moo.\<Z3l-
i.o
(Continue list on insert sheet, if necessary.)
7. Has a representative of the Bidder completely inspected the proposed project and does
the Bidder have a complete plan for its performance?
L1 Yes ❑ No
8. Will you subcontract any part of this Work? If so, provide the following details for each
subcontractor(s) that will perform work in excess of ten percent (10%) of the contract
amount. (Attach additional sheets if necessary)
Subcontractor Approx. M/WBE Description of Work
Name Percentage Status
�0
The foregoing list of Subcontractor(s) may not be amended after award of the Contract
without the prior written approval of the Project Manager, whose approval shall not be
unreasonably withheld.
9. What equipment do you own thatisavailable for the Work? I .
:Y c. vc--1z`� i _ J%� ,R s i V fI i (i d---(C S
cN, _51-e �� 2C. ✓P : s vvi F C C ArS
clanami/West End Phase 11 and Fairlawn Phase JIB Sewer Improvements Bid No.: 06-07-012
10. What equipment will you purchase for the proposed Work?
11. What equipment will you rent for the proposed Work?
N
12. State the name of your proposed project manager and superintendent and give details of
his or her qualifications and experience in managing similar work.
/n3— \ �t c n Qv
C�5 Zt') S t nee v
13. State the true, exact, correct and complete name of the partnership, corporation or trade
name under which you do business and the address of the place of business. (If a
corporation, state the name of the president and secretary. If a partnership, state the
names of all partners. If a trade name, state the names of the individuals who do
business under the trade name).
13.1 The correct name of the Bidder is�
13.2 The business is a (Sole Proprietorship) (Partnership) (Corporation).
C-C) r!'
13.3 The address of principal place of business is
Joj S co 21 l i-�.L L, I VL.. 3 3 0
13.4 The names of the corporate officers, or partners, or individuals doing business
under a trade name, are as follows:
eta v "A • thc7LS0b� �� S
Rurl In • na_m_111
13.5 List ail organizations which were predecessors to Bidder or in which the
principals or officers of the Bidder were principals or officers.
Q`?Or,Q
13.6. List and describe all bankruptcy petitions (voluntary or involuntary) which have
been filed by or against the Bidder, its parent or subsidiaries or predecessor
organizations during the past five (5) years. Include in the description the
disposition of each such petition.
13.7. List and describe all successful Performance or Payment Bond claims made to
your surety(ies) during the last five (5) years. The list and descriptions should
include claims against the bond of the Bidder and its predecessor
organization(s).
13.8 List all claims, arbitrations, mediations, civil actions, administrative hearings
and lawsuits brought by or against the Bidder or its predecessor organization(s)
during the last five (5) years. The list shall include all case names; case,
arbitration or hearing identification numbers; the name of the project over which
the dispute arose; a description of the subject matter of the dispute; and the
final outcome of the claim.
13.9. List and describe all criminal proceedings or hearings concerning business
related offenses in which the Bidder, its principals or officers or predecessor
organization(s) were defendants.
Flagami/West End Phase II and Fairlawn Phase 118 Sewer Improvements Bid No.: 06-07-012
13.10. Has the Bidder, its principals, officers or predecessor organization(s) been
debarred or suspended from bidding by any government during the last five (5)
years? If yes, provide details.
1)0
13.11. Under what conditions does the Bidder request Change Orders?
(1t'! r5
SLie
CJ tSC--� rl "vac h cN1_
13.12. What is the nature and amount of the three largest change orders submitted by
the bidder within the past five years, and their disposition?
:iVt1�f'` LJz S?J CxX A, Col \-tr.c% E�'lsiwI
/007 coo IN v"
• /; °D Lo (K 1 u fr 1 c: ` t-).Ac _-
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 151
00502. SUPPLEMENT TO BID FORM:
CUSTOMER REFERENCE LISTING (Page 1 of 2)
Contractors shall furnish the names, addresses, and telephone numbers of a minimum of five
(5) firms or government organizations for which the Contractor has provided services for
projects of similar size, scope and complexity over a five (5) year period.
1) Company Name " �tliv� ► ,DG?ct32 @Ds.Qt)bk,i,G
Address
Contact Person/Contract Amount 3 s 05 C \r1e a /2. 3 -
Telephone No. /Fax No. N - 7 3- 1 es-0
2) Company Name CI 4cl f
Address tLt 4 Sup 2„, .
Contact Person/Contract Amount /0 I L.4a-tiLe/
Telephone No. /Fax No., -(ASS— 2 / c — ZO
3) Company Name � s' l,��u ,Q(1b4c, who clizc -ZS+`'e
Address Li Li
Contact Person/Contract Amount-Z.1`(" �s�f ,1,� 1- Z Jr"l .
1
Telephone No. /Fax No.
(41c�— ld1
4) Company Name C2c-&t Cam- ctbt -
Address /v 6. `NickCA C1,1 •
\
Contact Person/Contract Amount 7.11 .i1 . Q{ckt.4.4
Telephone No. /Fax No. 36 - -733 - v i 4-73
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 152
6) Company Name
00502. SUPPLEMENT TO BID FORM:
CUSTOMER REFERENCE LISTING (Page/2 of 2)
ade,
5) Company Name +�� QU C - L s
Address 111 4U LC) ' S
Contact Person/Contract Amount (—v o. v ' t e 2- 3 u �(
Telephone No. /Fax No.30J - 2 l -
Jlla o 4a�Y.ne��
Address
Contact Person/Contract Amount( (t C �? �l S'c�vt 20C) 000
Telephone No. /Fax No. "` 2J `� / Z 3 (--(
7) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
8) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
FlagamiANest End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 153
00510. SUPPLEMENT TO BID FORM:
OFFICE LOCATION AFFIDAVIT (Page 1 of 2)
Please type or print clearly. This Affidavit must be completed in full, signed and
notarized ONLY IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE
CITY OF MIAMI.
Legal Name of Firm:
Entity Type: (Check One) n Partnership ❑ Sole Proprietorship ❑ Corporation
Corporation Document No: Date Established
Occupational License No: Date of Issuance
Office Location (Establishment of the bidder/Bidder):
PRESENT
Street Address:
City:
State: How Tong at this location:
PREVIOUS
Street Address:
City:
State How long at this location:
According to Section 18-85 of the City of Miami Code, as amended:
The "City Commission may offer to a responsible and responsive local bidder, who maintains an
office in the City of Miami, the opportunity of accepting a bid at the low bid amount, if the original
bid amount submitted by the local bidder does not exceed 110 percent of the lowest other
responsible and responsive bidder."
The intention of this section is to benefit local bona fide bidders/Bidders to promote
economic development within the corporate limits of the City of Miami.
I (we) certify, under penalty of perjury, that the office location of our firm has not been
established with the sole purpose of obtaining the advantage granted bona fide local
bidders/Bidders by this section.
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 154
00510. SUPPLEMENT TO BID FORM:
OFFICE LOCATION AFFIDAVIT (Page 2 of 2)
Authorize Signature Authorized Signature
Print Name Print Name
Title Title
Authorized Signature Authorized Signature
(Must be signed by the corporate secretary of a Corporation or one general partner of a
partnership or the proprietor of a sole proprietorship or all partners of a joint venture.)
NOTARIZATION
STATE OF FLORIDA, COUNTY OF DADE That: /
personally appeared
before me and acknowledged the foregoing instrument as his/her act and deed.
That he/she has produced as identification.
NOTARY PUBLIC:
My Commission Expires:
Please submit with your bid copies of Occupational License, professional and/or trade
License to verify local status. The City of Miami also reserves the right to request a copy
of the corporate charter, corporate income tax filing return and any other documents(s)
to verify the location of the firm's office.
0550 Local, Small, Disadvantaged and Minority/Women
Business Enterprise Participation
Project No.: 0- a`i - O/ Z Title: /�Jes ?V\ssc-7
Bidder/Contractor: Yk
As previously stated in the Contract Documents, the City encourages the participation of local, small and minority
owned businesses. Based on this ongoing effort the City requires that with the submission of the bid, first payment
requisition, and at the request of City representative,.the Contractor shall submit this report entitled. 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.
The following certified local, small, disadvantaged, minority or women owned firms have been awarded subcontracts
for this Project. The legend is to be used in completing the appropriate columns.
Name of Firm (Bidder and
Subcontractors)
Business Designation
(check all that apply)
Certifying
Agency
(Agencies)
List all
applicable
Value of
Work
Assigned/
Awarded
Percentage
of Total
Work or
Contract
U�.,5Tr—,� cis -vic
f u
26E
C'
$
r /'
■ BBE
• CSBE or SBE
• DBE
MI Local
ID MBE
II WBE
II None
$
■ BBE
• CSBE or SBE
■ DBE
■HBE
❑ WBE
• Local
■ MBE
■ None
$
• BBE
■ CSBE or SBE
• DBE
■ HBE
❑ Local
0 MBE
■ WBE
■ None
❑ BBE
$
■ CSBE or SBE
■ DBE
■ HBE
❑ Local
■ MBE
■ WBE
■ None
$
■ BBE
■ CSBE or SBE
■ DBE
•HBE
• Local
■ MBE
■ WBE
■ None
$
• BBE
■ CSBE or SBE
■ DBE
IN HBE
■ Local
■ MBE
■ WBE
■ None
LEGEND
of Firm
Certifying Entities
_Types
BBE — Black- (African -American) owned Business Enterprise
CM - City of Miami
CSBE — Community Small Business
BC - Broward County
DBE — Disadvantaged Business Enterprise
FDOT — Florida Department of Transportation
HBE — Hispanic Owned Business Enterprise
FG — Federal Government
Local — Local Firm (within City of Miami city limits)
MD - Miami Dade County
MBE — Minority Business Enterprise
MDPS — Miami Dade Public Schools
None — no special designation
_
Other — please identify
SBE — Small Business Enterprise
WBE — Woman -Owned Business Enterprise
-
NOTE: COPIES OF CERTIFICATIONS MUST BE ATTACHED. LOCAL FIRMS SHALL ATTACH THE LOCAL
OFFICE AFFIDAVIT
Flagami/West End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 156
INTENTIONALLY OMITTED
FlagamiNVest End Phase II and Fairlawn Phase IIB Sewer Improvements Bid No.: 06-07-012
Page 157