HomeMy WebLinkAboutExhibit 7ROADWAY IMPROVEMENTS
TO CITY OF MIAMI
FIRE STATION No.: 11
5920 WEST FLAGLER STREET
MIAMI, FLORIDA 33144
CITY OF MIAMI DEPARTMENT OF
CAPITAL IMPROVEMENTS PROGRAM
JOB No.: B-60452 WA PROJECT No.: 24002.00
SPECIAL PROVISIONS
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Prepared by:
WOLFBERG
••1500 San Remo Avenue, Suite 300
Coral Gables, Florida 33146 TEL
305-666-5474 FAX 305- 666-4994
.EB 0002354
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SPECIAL PROVISIONS
1. GENERAL
The "Florida Department of Transportation Standard Specifications for Road and Bridge
Construction" (FDOT SSRBC), latest edition, and its supplements with changes pertaining
thereto; the "Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD),
U.S. Department of Transportation F.H.W.A. (ANSI D6,Ie-1989)"; the "Miami -Dade County
Public Works Department Traffic Controller Assemblies Specification, 1999 Edition", as
amended; are part of this Contract and shall be further supplemented and amended by the
General Specifications and Special Provisions contained herein.
In addition, the "Traffic Control Equipment Specifications and Standards (TCESS) for the Metro
Traffic Control System Miami -Dade County, 2000 Edition" is incorporated herein by reference
and shall be considered a part of these Special Provisions. The above document, as modified
herein, shall govern the installation or constmction -of—all y. signalization, signing and
pavement marking on this project. On FDOT maintained roads, pavement markings shall be
per FDOT standards: Further, the -applicable portions -of -the "South Florida Building Code" and
the "Public Works Manual of Metropolitan Dade County", shall apply only to the traffic
signalization portion of this Project.
2. LOCATION OF WORK
Proposed work shall be performed at the following intersection:
West Flagler Street (S.R. 968) and S.W. 59th Avenue, Miami -Dade County
3. SCOPE OF WORK
The Contractor or Subcontractor who will per the -Scope of Work contained in these special
provisions shall fumish all supervision;- maintenance of traffic (MOT) plans, labor, incidental
hardware and material for the successful installation of a traffic signalization.
4. DETAIL DRAWING
The detail drawing (s) bound into this addendum consists of 9 sheets and is entitled:
PLANS FOR PROPOSED IMPROVEMENTS TO
CITY OF MIAMI-FIRE STATION No.: 11
5920 WEST FLAGLER STREET
MIAMI, FLORIDA 33144
CITY OF MIAMI DEPARTMENT OF CAPITAL IMPROVEMENTS PROGRAM
Project No.: B-60452
It constitutes the plan for this project.
5. PERMITS AND LICENSES
In addition to the permit specified in the Contract Documents the Contractor shall obtain
construction permits from the Miami -Dade County Public Works Department for the Work to be
performed for the traffic signalization portion of the Project. FDOT Sjgnalization Permit, if
required, shall be obtained by the Miami -Dade County Public Works Department.
6. LIMITATIONS OF OPERATIONS
No work shall be done at all on Saturday or Sunday or any day between the hours of 4:00 p.m.
and 6:00 p.m., and between 10:00 p.m. and 9:00 a.m., except such work as is necessary for the
runner care and protection of the work already performed, or, except that written permission to
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7. CONTACT NUMBERS
Contractor shall provide the County Engineer with a local (Miami -Dade County) telephone
number, where the Contractor may be contacted during the period for which the Contract is in
force.
8. SITE INVESTIGATION
The Contractor acknowledges that it and all its Subcontractors have satisfied themselves as to
the nature and location of the signalization Work to be performed, the general and local
conditions including, but not restricted to: those bearing upon transportation and traffic
maintenance; disposal, handling and storage of materials; access roads to the site; the
conformation and conditions of the work areas; and the character of equipment and facilities
needed preliminary to and during the performance of the work.
9. PERFORMANCE OF WORK
All operations shall be subject to inspection by the County Engineer at all times. The Contractor
shall submit for the County Engineer's approval, a description of the type of equipment to be
used and the method of procedure to be followed in the performance of the work.
10. DAILY NOTIFICATION
The Contractor shall notify the County Engineer daily by fax where each of his crews will be
working and what work will be done on the signalization portion of the Work. This notification
shall be given each weekday between 7:00 a.m. and 8:00 a.m. (Traffic Signals & Signs Division
fax number. (305) 477-6422).
11. RECORD OF WORK DONE
The Contractor shall indude as part of their as -built drawings the actual location of all signals,
signs, cabinets, service points and underground wring. See TCESS — Traffic Signalization
Standards — Record of Work Done).
12. RESTORATION OF PROPERTY
All property, public or private, which are disturbed during construction or removed by the
Contractor for the convenience of the signalization work, shall be repaired or replaced at the
expense of the Contractor in a manner acceptable to the County Engineer and the Project
Manager, prior to the final acceptance of the Work. Such facilities shall include, but are not
limited to: asphalt or concrete paving, curb and gutter, sidewalk, signalization equipment and
miscellaneous hardware removed from the construction site, signs, driveways, walkways, walls,
fences, footings or underground utilities.
All street name signs shall remain in place during the period of construction except those that
are required to be relocated due to interference with the actual construction. All signs that are
relocated or damaged by the Contractor during the course of the Work shall be re -installed or
replaced at the proper location, as soon as possible by the Contractor.
Prior to the removal of any traffic control signs that interfere with the Work, the Contractor shall
provide temporary signing or other provisions, approved by the County Engineer, to assure a
continuous flow of traffic under at least the same conditions as previously existed.
All signs that are found to be unserviceable shall be reported at the Miami -Dade County Traffic
Signals & Sigs Division, at (305) 952-3580, prior to the commencement of Work.
/1111.611
The signalization portion of Work shall be completed within 180 calendar days from the effective
date of the Notice to Proceed.
14. SIGNALIZATION PRE -CONSTRUCTION CONFERENCE
After the award of the Contract, and prior to the issuance of the "Notice to Proceed", a Pre -
Construction Conference will be held with the Contractor, the City of Miami, members of the
Public Works Department and other Miami -Dade County Agencies, representatives of Utility
Companies and contractors affected by the Work. The time and place of this Conference will be
set by the Miami -Dade County Public Works Department. The Contractor shall bring with
him/her to this conference a copy of his/her proposed work schedule for the Work and
equipment submittal data.
15. UTILITIES
It is the responsibility of the Contractor to --contact all utility --companies- concerned prior to
commencing of the signalization portion of the Work to determine potential conflicts. The
Contra tor—strarcontact- the-S-unshine-State-One--Call of Florida, Inc. at 1-800-432-4770 and
other affected utility owners at least forty-eight (48) hours prior to commencing any trenching or
excavation on this project. The county reserves the right to modify the and Scope of Work and
Drawings for the signalization portion of the Project, within the intent of obtaining the best
possible installation under existing field conditions.
6. MAINTENANCE OF TRAFFIC (SECTION 102)
In addition to the Contract Documents requires for maintenance of traffic all maintenance traffic
(MOT) on the signalization portion of the Project shall be per FDOT MOT standards.
Excavated or o pan ,
adequately mark for traffic —safety —at —all _ _ _ --- -- --
The Contractor shall provide the necessary access to all adjacent property during construction.
Special attention shall be given for directing the flow of pedestrian and vehicular traffic,
especially in areas surrounding schools. At the discretion of the County Engineer, the City may
require the Contractor to call for and hire off -duty police officers for directing the traffic and
maintaining safety if in any way h's_npPrations will curtail the use of the streets, roads and work
areas specified herein.
Traffic may be detoured due to the signalization portion of the Project only upon approval of the
Director -of -the Miami -Dade County Public Works Department.
For all Work on FDOT maintained roads, the Contractor's maintenance of traffic superintendent
shall be an ATSSA Certified Worksite Traffic Supervisor. In addition, the Contractor shall
provide a complete maintenance of traffic plan acceptable to the Florida Department of
Transportation.
17. MAINTENANCE OF TRAFFIC DEVICES
Barriers (including waming lights), construction signs, flashing arrow boards, and high intensity
flashing lights used for the signalization portion of the Project shall be in accordance with the
"Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways, U.S.
Department of Transportation Federal Highway Administration' (ANSI D6.1e-1989) the "State of
Florida Department of Transportation Roadway and Traffic Design Standards for Design,
Construction, Maintenance and Utility Operations for Streets and Highways on State Maintained
Systems". and the latest revisions of the aforementioned manuals.
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PAGE 170, SECTION 160 - STABILIZING: Delete the words "bearing value" or "Limerock
Bearing Ratio Method" where they occur throughout this section and substitute the words
"California Bearing Ratio".
Delete all contrary references to density requirements and substitute the following: Compaction
- The density requirements for all embankment and subgrade involved in this Section shall be a
minimum of ninety-five (95) percent for non -roadway areas and ninety-eight (98) percent for
roadway areas, of maximum density, as determined by AASHTO T-180. Delete all mention of
Bearing Value requirements entirely and substitute the following:
Califomia Bearing Ratio Requirements - Suitability of the soil to be compacted
shall be determined by the California Bearing Ratio Test as outlined in ASTM D
1883-87. Tests shall be made on each separate course, generally before the
materials have been compacted. Any areas where the materials have a C.B.R.
value or less than thirty (30) at ninety-five_(95%) percent of maximum density as
determined by AASHTO T-180, shall be stabilized (or further stabilized) as
specified herein.
PAGE-170,-SECTION 160-4 - MATERIALS -Add the -following:
Except that the limerock used for stabilization shall have a minimum of at least
fifty (50) percent carbonates of calcium and magnesium.
--PA E iN • Delete this subarticle and substitute the
following:
There shall be no under -tolerance -in the C.B.R- permitted
19. ROADVVAY BASE--CONSTRUCTION-(SECTIONS 200 AND 335-)_ _
.01 General
Where new base construction is proposed, it shall be Lmerock or, where permitted by the Public
Works Department, bituminous materials as defined herein.
.02 Subgrade
r#ien of the roadbed immediately -below -the -proposed -base -course, -in both_ .cuts -and fills,
shall_bb-compacted-and shaped to conform to the lines, grades and cross section shown in the
plans or as directed by the County Engineer. The minimum density acceptable at any location
for the subgrade will be 98 percent for Secondary & Primary Roads, and 95 percent for
Res,den1iatRoads, of -maximum density, as determined by AASHTO T-180.
Prior to placing the base, the subgrade will be inspected by the County Engineer to ascertain
whether or not the work satisfies the requirements as to specified density, lines, grades and
cross section.
Where trenches for widening strips are required, but are not of sufficient width to permit the use
of standard compaction equipment, any compaction effort required shall be accomplished by
vibratory rollers, trench rollers, or other type compaction equipment approved by the County
Engineer.
It shall be the Contractor's responsibility to maintain the required density until the base is placed
on the subgrade.
.03 Limerock Base Construction
. 'r,.nnartfiri thickness as specified and noted in the Plans. When
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The minimum density which will be acceptable at any location outside the travelled roadway
(such as intersections, crossovers, turnouts, etc.) shall be 95 percent of such maximum density.
The minimum percent of carbonates of calcium and magnesium in the limerock material will be
50.
After spreading of the first lift is completed, the entire surface shall be scarified and shaped so
as to produce the required grade and cross section after compaction. Prior to placing the
second lift, the first course shall be cleaned of all foreign material and bladed and brought to a
surface cross section approximately parallel to that of the proposed finished base. Prior to
spreading of any material for the upper course, the density tests for the lower course shall be
made and the County Engineer shall have determined that the required compaction has been
outlined. After the spreading of the material for the second course is completed, its surface
shall be finished and shaped so as to produce the designed grade and cross section after
compaction, and free of scabs and laminations.
a. At the option of the County Engineer, unless the use of the forms is specifically called for
in the plans, the base may be constructed 6-inches wider in lieu of using forms. These
extra widths will not be measured for payment and shall be provided at no additional
expense to the City of Miami.
b. Upon the County Engineer's approval of the limerock base, it shall be primed with a prime
coat having a minimum curing period of 48-hours.
c. Under no circumstances will the County Engineer allow the prepared base to remain
unsurfaced pending completion of other work remaining on the project.
.04 Bituminous Base Construction
Bituminous base, if utilized, shall be Sand Asphalt Hot Mix or Type S-I Asphaltic Concrete,
having a compacted thickness of not less than 6-inches. If SAHM is utilized, the job mix will be
established to produce a mixture possessing not less than 500 pounds stability when tested by
the Marshall Stability Test.
Note: When the Contractor utilizes asphalt base, he will be required to place a minimum 2-inch
(compacted) thick lift of asphalt under the curb and gutter, this application extending 6-inches
beyond the back and front of the curb and gutter section.
20. HOT BITUMNOUS MIXTURES, GENERAL CONSTRUCTION REQUIREMENTS -
(SECTION 330)
PAGE 257, SECTION330-8, ARTICLE 8.5 — TACK COAT: Delete subarticles 5.1 and 5.2 and
substitute the following:
A tack coat shall be applied to previously primed and newly constructed bases,
existing wearing surfaces, milled surfaces and previously applied leveling
courses. The rate of application shall be between 0.02 and 0.08 gallon per
square yard. For the tack coat applied on concrete pavement which is to be
surfaced, the rate of application may exceed the upper limits, when approved by
the County Engineer. Tack Coat for FC-3 shall be RS-1.
PAGE 129, SECTION 330-9.3.1. -PATCHING DEPRESSIONS: This subartide is reiterated
here:
Before any leveling course is spread, all depressions in the existing surface more
than one inch deep shall be filled by spot patching with leveling course mixture
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When the total asphalt mix provided for leveling exceeds 50 pounds per square
yard, the mix shall be placed in two or more layers, with the average spread of
any layer not to exceed 50 pounds per square yard.
PAGE 259, SECTION 330-9.3.2. -SPREADING LEVELING COURSES: This sub -article is
expanded to read:
Leveling courses, when required by these documents or the County Engineer,
shall be rolled after application. Special leveling course spreading and application
equipment and methods, different from that required in the specifications, may be
used only after demonstration, inspection and -testing by the County Engineer or
approved laboratory, and subject to the County Engineer's approval. Leveling
courses and final wearing surface courses shall be applied in thicknesses as
directed by the County Engineer. In certain areas where a leveling course is
required, the County Engineer may --specify that theapplicationbe by hand.
21. TYPES -I ASPHALTIC CONCRETE
PAGE 277, SECTION 331-4 -GENERAL COMPOSTION OF MIXTURE: The following is added
to this article:
Where hand placing and finishing of Type S-I Asphaltic Concrete is permitted for
small and irregular areas, such as turnouts, crossovers, acceleration and
deceleration -lanes, etc., the portion-of-the-Grade_No.i 6coais aggregate_
retained on a No. 4 sieve may be omitted from the mixture and the percent by
weight of the coarse aggregate passing the No. 4 sieve and retained on the No.
10 sieve shall be within the range specified for the total coarse aggregate in the
mix.
PAGE 277, SECTION 331-4.3.1 JOB MIX FORMULA -GENERAL: Delete this subarticle and
replace with the following:
No work shall be started on the signalization portion of the Project until the
Contractor has conferred with the County Engineer and, deemed necessary, has
submitted samples of an materials to be used to a laboratory approved by the
fer-either: ---
--------- - - -
-Preparation-and estabiishmeff-CFa=job-mi ixnularar=--- -
2. The verification of conformity to specifications of a job mix formula
---- ---- -_ submitted-by--ttre Contractor; --if the -plant -has -previously operated in
conformity with the same material specifications as used in this Contract.
22. CATCH BASIN. FIELD DRAIN AND STUB PIPES (SECTION 4251
.01 Description
In general, the work specified in this Section shall consist of the construction of catch basin, field
drain and stub pipes utilizing one of the authorized types of pipe with ballast rock and plastic
filter fabric, in accordance with these specifications and in conformity with the lines, grades,
dimensions, notes and details shown in the plans.
.02 Materials
a. Pipe
The oioe utilized in the work proposed under this Section shall be of the following types
1. Section 943 — Standard Specifications for Corrugated Steel Pipe and Arch Culverts
shall conform to the requirements contained in the current edition of the AASHTO M-
36 (this pipe shall be fully coated with a bituminous or other approved coating
material.)
OR
2. Section 945 — Standard Specifications for Corrugated Aluminum Alloy Culverts and
Underdrains, and shall conform to the requirements contained in the current edition
of AASHTO M-196.
NOTE: Perforations shall be uniformly spaced around the full periphery of the pipe, except that
perforations are not required within 4 inches of each length of pipe or in a corrugation where
seams are located (unless otherwise noted in the Plans.)
The number of perforations per linear foot of 15" pipe is 100 utilizing 3/8" dia. Perforations. 5/16"
diameter holes may be utilizedinlieu of the 3/8" diameter holes if the number of holes are
increased to provide an equal cross sectional hole area (the other requirements remain the
same.)
b. Ballast Rock All ballast rock shall be locally procured and shall be
obtained from fresh water sources. It shall not have more than 45 percent
loss of section as specified by M 63 of AASHTO Specifications governing the
Los Angeles Abrasion Test. It shall not show more than a 10 percent loss in
10 cycles as specified by M 63 AASHTO Specifications governing the
soundness test.
The ballast rock shall meet the gradation requirements as specified by M 43
of AASHTO Spec cations for -size -number 24 (2 1/2 to % inch) or number 4
(1 '/Z to 3/4 inch). The County reserves the right to have sample tests made of
the material at selected intervals by an approved laboratory -at its expense:-
c. Select Fill The select fill shall consist of well -graded limerock or limerock
and sand fill. Sand or fill, having a high proportion of sand, will not be
accepted as select fill. All select fill shall be approved by the County Engineer
— — prior -to placing.
.03 Excavating Trench
The trench shall be excavated carefully to such depths as required to permit the ballast rock and
the pipe to be placed in accordance with the details shown on the plans.
.04 Laying Pipe
All pipes shall be carefully laid in conformity with the lines and grades specified on the Plans
and in accordance with these specifications. Unless otherwise specified in the Plans, the pipe
shall be set with a minimum cover of 36 inches, or a maximum cover of 66 inches.
.05 Sheeting, Bracing and Shoring
The Contractor shall furnish, place and maintain sheet piling, underpinning or other approved
bracing and shoring materials, which may be required to support the sides of the excavation and
prevent any failure of the trench walls which in any way may delay construction, endanger
personnel, damage public or private property, or be detrimental to maintaining traffic. All such
work shall be in accordance with the governing specifications and payment shall be considered
incidental to the unit price bid for Item 425-11. No separate payment will be made.
1.+.+. in^ RfllD f Rnnk and Backfillina
When placing the ballast rock for bedding of the pipe as well as backfill, the ballast rock, as well
as the adjacent sides of the trench, shall be thoroughly saturated to reduce the possibility of
voids occurring after placement of the ballast rock. Any voids or pockets created should then be
refilled with ballast rock.
Plastic filter blanket shall then be placed over the ballast rock as shown on the Plans, and the
portion of the trench above the plastic filter blanket filled with select fill material, which shall be
placed in layers not to exceed 6 inch compacted thickness, in conformance to the lines and
grades shown on the Plans.
.07 Dissimilar Materials
When dissimilar material connections are made, such as concrete to metal or steel to aluminum,
the dissimilar materials shall be separated by coating the contact surface of the metal pipe with
a bituminous coating which will not be less than 0.05 inches thick.
PLANS FOR Oi.��, l» ROADWAY IMPROVEMENTS TO
CITY OF MIAMI FIRE STATION No.: 11
5920 WEST FLAGLER STREET
MIAMI, FLORIDA 33144
CITY OF MIAMI
DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECTS
JOB No. B-60462
WA PROJECT No. 24002.00
E L'OP PLANIJI
LDESCRIEUI
wan gala ocer or wawa
mem. NOTES
lam OpnlpL PUN NOSS
SIM ND MO PROMO M OOG NOTES
OWNS AND PROM WARM PUN
TABULATION OF a1L.NRE6 CwIVEION)
11101WRg10N NOTES
GOWN IOINI PLAN
mow OWL DOM
MIAMI
INTERNAT ONAL
AIR t.: c..r
PREPARED FOR
11511
N.T.S.
PREPARED BY
WOLFBERG ALVAREZ AND PARTNERS
1500 San Remo Awns
Sult. 300
Coral Gables, FL 33146
TEL (305) 666-5474
FAX (305) 666-4994
AA 002416 EB 002354
PROJECT LOCATION
IMES
1. THE CONTRACTOR SMALL COMPLY WITH THE LRAM -WOE COUNTY
DEPARTMENT OF PIIBUC STORKS, MORAY MESON. TRAFFIC SECTOR
PAVEMENTAND Miles ATION PROCEDURES.EOM
z WORK SHALL .E IN CONFORMMKE rRTN TIE PILIrfDA DEPAMMEAT
OF TRANSPORTATION STANDARD SPE0.1CAgNs FOR ROOD MO
BRSTCE CONSTRUCTION, LATEST EO NON, AND TIE RO DA
DEPORTMENT OF TRANSPORTATION DESIGN STMIDM04 LATEST
Forms.
3. ATTENTION IS DIRECTED TO THE FACT THAT THESE PLANS MAY WOE
BEEN REDUCED IN 51 EIY PDIIOOUCIIOH. TABS MUST .E
CON90EE0 WHEN OSTMOIG SCALED DATA.
RESSERUILICOSE
R 010.MADONNA.SN
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SIGNALIZATION TABULATION OF QUANTITIES
ITEM No.
DESCRIPTION
UNIT
SHEET NUMBER
TOTAL
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(303) 000-5474
(SOS) 0E2-4024
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REVISIWN&
City of Miami
Department of Capital Improvement Projects
Design Division
CITY OF MIAMI
FIRE STATION No. 11
5920 WEST FLAGLER STREET
MIAMI, FLORIDA 33144
TITLE:
TABULATION OF QUANTITIES
(SIGNALIZATION)
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CITY OF MIAMI
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Department of Capital Improvement Projects '`
FIRE STATION No. 11
SIGNALIZATION PLAN
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Section 1 — Instructions for Submission
1. Intention of City
It is the intention of City to describe in this Invitation to Bid the Project(s) to be completed
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. Where words have a well-known
technical or trade meanings 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 Contract Documents.
2. Scope of Work
The Work specified in this bid consists of furnishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials, and services necessary to perform the
following Work.
The Project consists of construction of a new Fire Station Facility located
at 5920 West Flagler Street, Miami Florida 33144. The new Fire Station
will be a two story, two bay apparatus building of approximately 11,749
s.f. and will include typical amenities for a fire station. The new Fire
Station is planned to serve fire rescues personnel plus two lieutenants
and a captain. The project includes demolition of an existing fire station,
on site development including parking spaces for 15-18 vehicles,
drainage, site lighting and landscaping. The Project also includes a water
main improvement and new street signalization on Flagler Street.
3. Location of Proiect(s)
5920 West Flagler Street
4. Performance of the Work
Bidder must be capable of self- performing thirty percent (30%) of the Work. By
submitting a Bid the Bidder certifies that it will utilize its own employees to meet
this requirement. As part of the Bid the Bidder must include the form entitled
"Questionnaire". Failure to complete and submit this form or to meet this
requirement shall result in the Bid being deemed non -responsive. Where the
Contractor is deemed to not meeting this requirement during the performance of
the Work the Contractor shall be in default of the Contract Documents.
5. Examination of Contract Documents and Site
It is the responsibility of each Bidder before submitting a response to this Invitation to Bid
(ITB) to:
• Carefully review the ITB, including any Addendum and notify the City of all
conflicts, errors or discrepancies.
Replacement of Fire Station No. 11
8
Riri Nn • f1R-i17_f11 g
i
• Visit the site(s) or structure(s) to become familiar with conditions that may affect
costs, progress, performance or furnishing of the Work.
• 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 perform
the Work.
• Study and carefully correlate Contractor's observations with the requirements of
the ITB.
The submission of a Bid in response to this solicitation shall constitute an
incontrovertible representation by Bidder that they will comply with the 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.
6. Addendum
Only questions answered by written Addendum 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 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. All Addendum will be posted
on the CIP webpage. Written questions should be received no less than ten (10)
calendar days prior to the date for the receipt of responses and. there shall be no
obligation on the part of CIP to respond to questions received less than ten (10) calendar
days prior to bid opening.
7 Bid Submission
Bidders must submit prices for both Projects included in this ITB. Failure to submit
prices for both Projects will result in the Bid being rejected as non -responsive.
All Bids must be received in duplicate by the City of Miami, City Clerk's office located at
City Hall, First Floor, 3500 Pan American Drive, Miami, Fla. 33133, before the time and
date specified for bid opening, enclosed in a sealed envelope, legibly marked on the
outside:
BID NO.: 07-08-015
BIDS FOR: Replacement of Fire Station No. 11, Project No. B- 60452
Failure to submit a duplicate copy may result in the reject of the Bid as non -responsive.
8. Bid Guaranty
All Bids shall be accompanied by either an original bid bond executed by a Surety
meeting the requirements of the City, or by cash, money order, certified check, cashier's
check, Unconditional/Irrevocable Letter of Credit, Bid Bond Voucher (for projects less
than $200,000) issued to City Certified M/WBE's by the City's M/WBE Office, treasurer's
check or bank draft of any national or state bank (United States), in the amount of 5% of
the total Bid amount, payable to City, Florida, and conditioned upon the successful
Bidder executing the Contract and providing the required Performance Bond and
Payment Bond and evidence of required insurance within fifteen (15) calendar days after
notification of award of the Contract. The time for execution of the Contract and
provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may
be extended by the City's Capital Improvements and Transportation Department at its
9
•
Replacement of Fire Station No. 11
R1.+
i
Replacement of Fire Station No. 11
sole discretion. Bid Securities of the unsuccessful Bidders will be returned after award
of Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL
NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be
forfeited to the City as liquidated damages, not as a penalty, for the cost and expense
incurred should said Bidder fail to execute the Contract, and provide the required
Performance Bond.
9. Preparation of Bid
All Bids must be made upon the blank City forms provided herein. The Bid must be
signed and acknowledged by the Bidder in accordance with the directions on the ITB.
Failure to utilize the city's forms, or fully complete said forms may result in a
determination that the response is non -responsive
The Bidder may be considered non -responsive if bids are conditioned to modifications,
changes, or revisions to the terms and conditions of the ITB.
The Bid is to include the furnishing of all labor, materials, overhead expense and profit,
equipment including, but not limited to, tools, services, permit fees, applicable taxes,
overhead and profit for the completion of the Work except as may be otherwise
expressly provided in the Contract Documents.
10. Pre -Bid Conference
A non -mandatory conference and site visit will be held on (April 15, 2008) starting at
(9:00 AM) at Fire Station 11, 5920 West Flagler Street, Miami Florida 33144
(conference room) to discuss this solicitation. Since space is limited, it is recommended
that one representative of each firm attend in order to become familiar with the
Solicitation and conditions of usage. Attendees are requested to bring this Solicitation
Package to the conference. A limited number of copies may be available.
11. Postponement of Bid Opening Date
The City reserves the right to postpone the date for receipt and opening of submissions
and will make a reasonable effort to give at least five (5) calendar days notice of any
such postponement to prospective Bidders.
The City shall make reasonable -efforts to issue addenda within five (5) calendar days
prior to the due date.
12. Acceptance or Rejection of Bids
The City reserves the right to reject any or all bids prior to award. The City reserves the
right to reject a Bid where the City determines that the Bidder has submitted an
unbalanced Bid.
Reasonable efforts will be made to either award the Contract or reject all bids within
ninety (90) calendar days after bid opening date. A Bidder may not withdraw its Bid
unilaterally nor change the Contract Price before the expiration of one hundred twenty
(120) calendar days from the date of bid opening. A Bidder may withdraw its Bid after
the expiration of one hundred twenty (120) calendar days from the date of bid opening
by delivering written notice of withdrawal to the Department of Capital Improvements and
Transportation prior to award of the Contract by the City Commission.
13. Environmental Regulations
The City reserves the right to consider a Bidder's history of citations and/or violations of
environmental regulations in investigating a Bidder's responsibility, and further reserves
the right to declare a Bidder not responsible if the history of violations warrant such
determination in the opinion of the City. Bidder shall submit with its Bid, a complete
10
Bid No: • 06-n7 r
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 performance of the Work under this Contract.
14. Bid Award
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 be 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.
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.
The City reserves the right to reject any Bid where the line item pricing is determined to
be unbalanced. Such determination will be made at the sole discretion of the City.
15. Bid 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.
16. 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.
17. 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 go& 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
11
�....I........,.....F ..f r' C4..l'.. Al AA
11• J \I A/'. Ill A A r
Blacks, Hispanics or Women."
The City has established a voluntary goal of 0% Black, Hispanic and/or Female
participation by City 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 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 M/WBE firm will be
considered meeting this goal without reaching out to City 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
cooperation is greatly needed to aid the City in achieving its goal. Bidders may contact
the Purchasing Department at (305) 416-1913 for information.
18. 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.
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Replacement of Fire Station No. 11 Bid No.: 06-07-015
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 a Contract is awarded, and are expected to secure the cooperation of
subcontractors in this effort as well. Approved community agencies are available to
assist with recruitment and screening of job applicants, and may periodically monitor
contractors' employment records during the term of the contract. Resident job
applicants are not expected to receive special 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.
19. 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.
20. Cone of Silence
Pursuant to Section 18-74 of the City of Procurement Code and City of Miami Ordinance
No. 12271, a "Cone of Silence" is imposed upon this ITB after advertisement and
terminates at the time the City Manager issues a written recommendation to the Miami
City Commission. The Cone of Silence prohibits any -Verbal communications regarding
this ITB.
Any communication concerning this ITB must submit in writing to CIP and Bidders must
file a copy of such written communications with the Office of the City Clerk. Written
communications may be in the form of e-mail, with a copy to the Office of the City Clerk
at tchircut(miamigov.com.
This language is only an overview of the requirements of the Cone of Silence. Please
review Section 18-74 of the City of Procurement Code or City of Miami Ordinance No.
12271 for a complete and thorough description of the Cone of Silence. You may also
contact the City Clerk at (305)-250-5360, to obtain a copy.
21. 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
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Replacement of Fire Station No. 11
Riri Kin - nn_r17 g
Category Two for a period of 36 months from the date of being placed on the convicted
Bidder / Bidder list.
22. 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.
23. 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.
24. 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.
25. 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.
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Replacement of Fire Station No. 11 Bid No.: 06-07-n1F
Section 2 — General Terms and Conditions
1. Definitions
Basis of Design means a specific manufacturer's product that is named; including the
make or model number or other designation, establish the significant qualities related to
type, function, dimension, in-service performance, physical properties, appearance, and
other characteristics for purposes of evaluating comparable products of other
manufacturers.
Bid means the response submitted by a bidder to this solicitation, which includes the
price, authorized signature and all other information or documentation required at by the
Contract Documents at the time of submittal.
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 the Bid documents that have
been executed by the Bidder and the City subsequent to approval of award by the City
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.
Contract Documents means the Contract as may be amended from time to time, the
plans and drawing, all addendum, clarifications, directives, change orders, payments
and other such documents issued under or relating to the Project
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 Contract price or
time.
Construction Schedule means a critical path schedule or other construction schedule,
as defined and required by the Contract Documents.
Consultant mean the Architect or Engineer of Record contracted by the City to prepare
the plans and specifications for the Projects. Consultant may also be referred to as
Architect or Engineer of Record.
15
Replacement of Fire Station No. 11 Bid No.: 06-07-015
•
•
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
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 Contractor 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 architect or engineer of record or the City and submitted
all documentation required by the Contract Documents.
Inspector means an authorized representative of the City assigned to make necessary
i-n-spections 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.
Notice of Award means the written letter to the Contractor notify the Contractor that
they have been awarded the Contract.
Notice To Proceed means a written letter or directive issued by the Director or designee
acknowledging that all conditions precedent have been met and directing that the
Contractor may begin Work on the Project.
Plans and/or Drawings means the official graphic representations of a Project.
Project Or Work as used herein refers to all reasonably necessary and inferable
construction and services required by the Contract Documents whether completed or
partially completed, and includes all other labor, materials, equipment and services
provided or to be provided by 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.
Project Manager means the individual assigned by CIP to manage the Project.
Request For Information (RFI) means a request from the Contractor seeking an
interpretation or clarification relative to the Contract Documents. The RFI, which shall be
16
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.
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 loss for the City.
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 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.
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 Contract Documents. All Work shall be performed strictly (not
substantially) within the time limitations necessary to maintain the critical path and all
deadlines established in the Contract Documents.
All dates and periods of time set forth in the Contract Documents, 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 Contract
Documents Time.
In agreeing to bear the risk of delays for completion of the Work except for extensions
approved in accordance with Article 70, 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
Contract Documents 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.
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Replacement of Fire Station No. 11
Bid No.: OFi-07-n1 F
•
3. Contract Term
The Contract shall commence upon issuance of the Notice of Award to the Contract,
which shall be issued upon execution of the Contract by the City. The Contract shall
terminate upon notice by the City that the contract has been closed -up after final
completion.
4. 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
City of Miami
444 S.W. 2nd Avenue, - 8th Floor
Miami, Florida 33130
David Mendez, P.E.
Assistant Director
Department of Capital Improvements Program
City of Miami
444 S.W. 2nd Avenue, - 8th Floor
Miami, Florida 33130
-
For Contractor:
(To Be Determined)
During the Work the Contractor shall maintain continuing communications with
Consultant and the Project Manager. The Contractor shall keep the City fully informed
as to the progress of the Project at all times through ongoing communications with the
Project Manager.
5 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:
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 Contract Documents shall govern over the Contract
• Addendum to an ITB shall govern over a ITB
18
'J t.I . AC A7 A 4 C
In the event of conflicts within the Contract Documents 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
6. 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 omissions 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.
7. 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 coverages set forth herein.
19
Replacement of Fire Station Nn 11
R;,4Kb.•n� n7n4G
7.1. 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:
• Waiver of subrogation
• Limits of Liability
7.2. 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.
7.3. Comprehensive General Liability (CGL) with minimum limits of Two
Million Dollars ($2,000,000.00) per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability. General Aggregate
Limit of Four Million Dollars ($4,000,000.00). 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:
• Products and/or Completed Operations for contracts with an
Aggregate Limit of Four Million Dollars ($4,000,000.00) 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.
• Personal and Advertising Injury with an aggregate limit of One
Million Dollars ($1,000,000) $1,000,000.00.
• CGL Required Endorsements
o Completed Operations extended 10 years
o Employees included as insured
o Independent Contractors Coverage
o Contractual Liability
o Waver of Subrogation
o Premises and/or Operations
o Explosion, Collapse and Underground Hazards
o Loading and Unloading
o Mobile Equipment (Contractor's Equipment) whether owned,
leased, borrowed or rented by Contractor or employees of
the Contractor.
City is to be expressly included as an Additional Insured with respect to
liability arising out of operations performed for City by or on behalf of
Contractor or acts or omissions of Contractor in connection with general
supervision of such operation.
7.4. 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
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Replacement of Fire Station No. 11 Rici Nr fR_n7_n1 g
Automobile Liability policy, without restrictive endorsements, as filed by
the Insurance Services Office, and must include:
• Owned Vehicles.
• Hired and Non -Owned Vehicles.
• Employers' Non -Ownership.
• Employees included as insured
• City of Miami as Additional Insured
7.55. Umbrella Policy
• Bodily injury and property damage liability with limits of Five
Million Dollars ($5,000,000) each occurrence and an aggregate
limit of Five Million Dollars ($5,000,000).
• Products/Completed operations aggregate limit of Two Million
Dollars ($2,000,000).
Excess coverage over the policies as follows:
• Commercial General Liability
• Business Automobile Liability
City shall be listed as an additional insured.
7. 6. Installation Floater for the installation of machinery and/or equipment into
an existing structure is required. The coverage shall be "All Risk"
coverage including installation and transit for 100 percent of the "installed
replacement cost value," covering City as a named insured, with a
deductible of not more than Five Thousand Dollars ($5,000.00) each
claim.
7. 7 Cessation of Insurance --Coverage is not to cease and is to remain in
force (subject to cancellation notice) until final acceptance by City.
7. 8 Flood Insurance --When the machinery or equipment is located within an
identified special flood hazard area, flood insurance must be afforded for
the lesser _ofthe total insurable value_af-such buildings -or -structure, or,
the maximum amount of flood insurance coverage available under the
National Flood Program.
7.9 Builder's Risk
Causes of loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost Deductible: $2,500, All other Perils 5°I°
maximum on Wind, City of Miami Model City Trust included as an
Additional Insured.
A. Limit/Value at Location or Site $4,000,000
B. Coverage Extensions:
• Materials, supplies and similar property owned by others for which you
are responsible.
• Full coverage up to policy limits for equipment breakdown.
• Temporary storage/transit coverage.
• Full coverage up to policy limits for site preparation, re -excavation, re -
preparation and re -grade in the event of a loss.
• Fences, scaffolding, construction forms coverage and signs
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Replacement of Fire Station No. 11 Bid No.: 06-07-015
•
• Valuable papers coverage for blueprints, site plans and similar
documents.
• Trees, shrubs, sod, plants while at premises.
• Flood, including inundation, rain, seepage and water damage.
• Earthquake
• Business Interruption
• Subsidence
• New ordinance or law; reimbursement for any resulting loss of value to
the undamaged portion, and required demolition expenses, including
construction necessary to repair, rebuild or re -construct damaged parts.
• Escalation clause in the event of a total loss up to 5% of policy limit.
• Temporary structures, cribbing and false work built or erected at
construction site.
• Unintentional errors and omissions in reporting clause
• Full coverage up to policy limits for testing including physical loss
caused by pneumatic and hydrostatic testing.
• Debris Removal.
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer not Tess than (30) days prior to any such cancellation or
material change. 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 Program the 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,sefer 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.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A" as to management, and no Tess than
"Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies
and /or certificates of insurance are subject to review and verification by Risk
Management prior to insurance approval.
8. Performance and Payment Bond
Where required by the Contract Documents the Contractor shall within fifteen (15)
calendar days of being notified of the award, Contractor shall furnish a
Performance/Payment containing all the provisions of the attached
Performance/Payment forms.
Each Bond shall be in the amount of one hundred percent (100%) of the Contract value
guaranteeing to City the completion and performance of the Work covered in the
Contract Documents as well as full payment of all suppliers, laborers, or subcontractors
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employed pursuant to this Project. Each Bond shall be with a Surety, which is qualified
pursuant to Article 14, Qualification of Surety.
Each Bond shall continue in effect for one year after Final Completion and acceptance of
the Work with liability equal to one hundred percent (100%) of the Contract value, or an
additional bond shall be conditioned that Contractor will, upon notification by City, correct
any defective or faulty work or materials which appear within one year after Final
Completion of the RPP.
Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be
amended from time to time, Contractor shall ensure that the bond(s) referenced above
shall be recorded in the public records and provide City with evidence of such recording.
Alternate Form of Security:
In lieu of a Performance/Payment Bond, Contractor may furnish alternate forms of
security, which may be in the form of cash, money order, certified check, cashier's check
or unconditional letter of credit in the form attached. Such alternate forms of security
shall be subject to the prior approval of City and for same purpose and shall be subject
to the same conditions as those applicable above and shall be held by City for one year
after completion and acceptance of the Work.
9. Qualification of Surety
Bid Bonds, Performance/ Payment Bonds over Five Hundred Thousand Dollars
($500,000.00):
Each bond must be executed by a surety company of recognized standing,
authorized to do business in the State of Florida as surety, having a resident agent in
the State of Florida and having been in business with a record of successful
continuous operation for at least five (5) years.
The Surety shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with United States Department of Treasury Circular 570,
Current Revisions. If the amount of the Bond exceeds the underwriting limitation set
forth in the circular, in order to qualify, the net retention of the Surety shall not
exceed the underwriting limitation in the circular, and the excess risks must be
protected by coinsurance, reinsurance, or other methods in accordance with
Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section
223.111). Further, the Surety shall provide City with evidence satisfactory to City,
that such excess risk has been protected in an acceptable manner.
The City will accept a surety bond from a company with a rating of B+ or better for
bonds up to $2 million, provided, however, that if any surety company appears on the
watch list that is published quarterly by Intercom of the Office of the Florida
Insurance Commissioner, the City shall review and either accept or reject the surety
company based on the financial information available to the City. A surety company
that is rejected by the City may be substituted by the Bidder or proposer with a surety
company acceptable to the City, only if the bid amount does not increase. The
following sets forth, in general, the acceptable parameters for bonds:
Policy- Financial
Amount of Bond holders Size
Ratings Category
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class ....III
5,000,001 to 10,000,000 A Class ... IV
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Replacement of Fire Station No. 11
Rini win • na n7 n4c
•
10,000,001 to 25,000,000 A Class .... V
25,000,001 to 50,000,000 A Class ... VI
50,000,001 or more A Class .. VII
For projects of $500,000.00 or Tess, City may accept a Bid Bond, Performance Bond and
Payment Bond from a Surety which has twice the minimum surplus and capital required
by the Florida Insurance Code at the time the invitation to bid is issued, if the Surety is
otherwise in compliance with the provisions of the Florida Insurance Code, and if
the surety company holds a currently valid certificate of authority issued by the United
States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United
States Code, as may be amended from time to time. A Certificate and Affidavit so
certifying should be submitted with the Bid Bond and also with the
Performance/Payment Bond.
More stringent requirements of any grantor agency are set forth within the RPP. If there
are no more stringent requirements, the provisions of this section shall apply.
10. 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 provide temporary facilities and controls necessary to perform the
Work and to ensure safe and proper access and use of the site by the Project Manager
and the Consultant. Any such specific requirements will be included in the Technical
Specification portion of the ITB.
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 Contract Documents.
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
Contractor to finish a section on which Work is in progress before Work is started on any
additional section.
24
11. 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, Stateor-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.
12. 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.
13. Site Investigation and Representation
The Contractor acknowledges that it has satisfied itself as to the nature and location of
the Work under the Contract Documents, 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 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 the Contract
Documents.
•
•
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�....1.............3 ..0 r:�.. Ci..a:.... 11/41.. 44 D:.1 Al., • AC 117 A4G
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 Contract Documents.
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 Contract
Documents. In the event that the actual subsurface conditions vary from the actual City
provided reports the Contractor shall notify the City and this Contract Documents
amount may be adjusted up or down depending on the conditions.
14. 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 a
Contract Documents, 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 Contract Documents unless Contractor recognized such error,
omission or discrepancy and knowingly failed to report it to Project Manager or
Consultant.
15. 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.
16. 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.
17. 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;
• All the Work and all materials or equipment to be incorporated therein, whether
in storage on or off the Project site; and
26
Replacement of Fire Station No. 11 Rirl Kin • nR_m_n1 g
• 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 Toss; 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.
18. 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:
• 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
27
Replacement of Fire Station No. 11 Bid No • ns-m_n1�
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.
19. Labor and Materials
Unless otherwise provided herein, Contractor shall provide and pay for all materials,
labor, water, tools, equipment, light, power, transportation and other facilities and
services necessary for the proper execution and completion of the Work, whether
temporary or permanent and whether or not incorporated or to be incorporated in the
Work.
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.
20. Rules, Regulations, and Licenses
The successful Contractor shall comply with all laws and regulations applicable to
provision of services specified in the Contract Documents. The Contractor shall be
familiar with all federal, state and local laws that may in affect the goods and/or services
offered.
21. Consultant Services
The City, at its sole discretion may hire a Consultant who shall serve as the City's
Representative for the Project to be performed under the Contract Documents. The
Contract Documents will state that an City's representative has been contracted with for
the management of the Work under the Contract Documents 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 22,
Authority of the Project Manager, of the General Terms and Conditions.
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
Contract Documents. The Consultant will be responsible for receiving all documentation
for review and acceptance. Upon acceptance such documentation will be forwarded to
the Project Manager. The Project Manager in conjunction with the Consultant will
approve Schedules of Values, Project Schedules, subcontractors and invoices.
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.
28
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.
22. 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 Documents. 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 Documents 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.
23. Superintendence and Supervision
The orders of City are given through Consultant or Project Manager, 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
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 every two (2)weeks
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
Contract Documents 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.
29
RnnlacPmant of Firs cthtlnn Nn 11
co,-) na_n7_ni=
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 Contract Documents.
Contractor shall be solely responsible for the means, methods, techniques, sequences
and procedures of construction.
24. Authority of the Project Manager
The Director hereby authorizes the Project Manager or the Consultant designated in the
Contract Documents 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 Contract
Documents.
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-forsafety precautions and programs
in connection with the Work, and will not be responsible for the Contractor's failure to
carry out the Work in accordance with the Contract Documents.
The Project Manager and Consultant will have authority to reject Work that does not
conform to the Contract Documents. Whenever, in his or her opinion, it is considered
necessary or advisable to ensure the proper completion of the Contract Documents the
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.
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.
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Replacement of Fire Station No. 11 Bid No.: 06-07-015
25. 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, 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, 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, or to relax any of the
provisions of the Contract Documents or 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
indirectly, is strictly prohibited, and any such act on the part of the Contractor will
constitute a breach of this Contract.
26. 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.
27. 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
31
Replacement of Fire Station No. 11 Bid No.: 06-07-n1S
•
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 Contract
Documents.
28. Lands of Work
City shall provide, as may be indicated in the Contract Documents, 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.
29. 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 per for-rnanc-oflhe-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
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.
30. Differinq 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 the
Contract Documents and from those ordinarily encountered and generally recognized as
inherent in work of the character called for in the Contract Documents; 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 the Contract Documents, 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
32
Replacement of Fire Station No. 11
--
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 the Contract Documents Price or Contract
Documents Time, or both. If the Project Manager and Contractor cannot agree on an
adjustment in the Contract Price or Contract 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 Contract
Documents, 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 the Contract Documents 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 Contract price or Contract time for differing site conditions shall be allowed
if made after the date certified by Consultant or Project Manager as the date of
substantial completion.
31. 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 CaII of
Florida, Inc."
32. Contractor's Responsibility for Utility Properties and Service
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
33
Replacement of Fire Station No. 11 Bid No.: 06-07-015
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 Contract Documents 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
33. 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.
34. 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
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.
35. 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:
o 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.
c 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.
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Replacement of Fire Station No. 11 Bid No.: 06-07-01 S
o 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.
36 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 the Contract
Documents 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.
37. 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.
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
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Replacement of Fire Station No. 11
Rita Kin • na-n7..n1'
1
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
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-inaulance 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.
Replacement of Fire Station No. 11
36
38. Manufacturer's Instructions
The Contractor shall:
Comply with manufacturer's requirements for the handling, delivery and storage of all
materials. Where required by the Contract Documents, 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 the Contract Documents.
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.
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 Contract Documents 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.
39. 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.
40. 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 Project Manager and Consultant in
37
Replacement of Fire Station No 11
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 Contract 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 the Contract Documents.
Shop drawing submitted without the stamp and signature shall be rejected and it will be
considered that 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 the Contract Documents. 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 the Contract Documents 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 Contract Documents.
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
38
o,,.,i,,,,,,,,,,,,,+ .,F e:.,, c+.,+:,,.. Ales 'I . Q..d Kb- • na fl7 !11,R
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 the
Contract Documents.
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.
41. Shop Drawings
Contractor shall submit Shop Drawings as required by the Contract Documents. 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 Contract Documents.
Within five (5) calendar days after City's award of the Contract, 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,
equipment, etc., fully in accordance with the Contract Documents. This procedure is
required in order to expedite final approval of Shop Drawings.
After the approval of the list of items required in 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 the Contract Documents,
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 of 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 the Contract Documents 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 Contract Documents references,
drawing number(s), specification section number(s) and the shop drawing numbers of
39
RcnInncmcnt of Rirc Ctofinn Pin 11 Rid Pin • f1R.117_f11
•
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 dear 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.
42. Product Data
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 submit pages that are pertinent. Submittals shall be marked to
identify pertinent products, with references to the specifications and the Contract
Documents. 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.
43. Samples
Contractor shalt 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.
44. Record Set
Contractor shall maintain in a safe place at the Project site one record copy and one
permit set of the Contract Documents, including, but not limited to, all Drawings,
Specifications, shop drawings, 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 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 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 documents. All buried items, outside the
Project site, shall be accurately located on the record documents as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The record documents shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in red. The record 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
40
O:.J A1.. . AG 117 AiC
record 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.
45. 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 Contract Documents or its performance, provided such Supplemental
Instructions involve no change in the Contract Documents Price or this Contract
Documents 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
of the Contract Documents. In case of disagreement between the written and graphic
portions of the Contract Documents, the written portion shall govern.
46. Contractor Furnished Drawings
A Contract Documents 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 Contract Documents
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.
47. Substitutions
Whenever materials or equipment are specified or described in the Contract Documents
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 Engineer of Record if sufficient
information is submitted by Contractor to allow City and Engineer of Record 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 City and
Engineer of Record from anyone other than Contractor.
If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Engineer of Record 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
41
Renlacemfnt of Fire Station No 11
Rid No • ns-f17-f11.r,
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 the Contract
Documents 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 Engineer of Record in evaluating the proposed
substitute. The Engineer of Record may require the Contractor to furnish at Contractor's
expense additional data about the proposed substitute.
If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by Contract Documents, Contractor may furnish or utilize a
substitute means, method, technique, sequence or procedure of construction acceptable
to the Engineer of Record, if the Contractor submits sufficient information to allow the
Engineer of Record to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to and
review by the Engineer of Record shall be the same as those provided herein for
substitute materials and equipment.
The Engineer of Record shall be allowed a reasonable time within which to evaluate
each proposed substitute. The Engineer of Record and the City shall be the sole judges
of the acceptability of any substitute. No substitute shall be ordered, installed or utilized
without the City's and the Engineer of Record's prior written acceptance which shall be
evidenced by either a Change Order or an approved submittal. The City and the
Engineer of Record 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 of Record rejects the proposed substitute, at their discretion, the City
may require the Contractor to reimburse the City for _the_charges -of-the Engineer of
Record for evaluating the proposed substitute.
48. 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 RFI'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.
49. 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
42
Replacement of Fire Station No. 11 Bid No.: 06-07-015
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 Contract Price the best materials
suitable for the purpose and/or methods of construction.
50. Product Tests
All tests required to be performed by the Contractor, shall be made at the
expense of the Contractor and in accordance with any requirements contained in
the Technical Specifications.
51. 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 the Contract. Where the Contractor is
notified of the City's position that the Work is within the scope and the Contractor
disagrees, the Contractor shall notify the Project Manager 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.
52. 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 the Contract Documents
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.
53. Continuing the Work
Contractor shall carry on the Work and adhere to the progress schedule during all
disputes or disagreements with City, including disputes or disagreements concerning a
request for a Change Order, a request for a change in the Contract price or Contract
time for completion. The Work shall not be delayed or postponed pending resolution of
any disputes or disagreements.
54. 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
43
Replacement of Fire Station No. 11 R'vi Nn - na_n7_na a
•
•
changes resulting in changes in the Contract Price, or the Contract 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 the Contract Price or Contract Time, and a Change Order has not been issued, City
reserves the right at its sole option to either terminate the Contract as it applies to the
items in question and make such arrangements as may be deemed necessary to
complete the disputed work; or submit the matter in dispute to the Director as set forth in
Article 88, Resolution of Disputes. During the pendency of the dispute, and upon receipt
of a Change Order approved by City, Contractor shall promptly proceed with the change
in the Work involved and advise the Project Manager, 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 the Contract Price or Contract Time.
On approval of any Contract change increasing the Contract Price, Contractor shall
ensure that the performance bond and payment bond (if applicable) are increased so
that each reflects the total Contract 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 Contract 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 ancLshall 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.
55. Change Order Procedure
Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract
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 the Contract
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 Contract, including but
44
o:ani„•namnha
not limited to adjustments in this Contract Price and Contract 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 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 Contract Time the Contractor shall,
within five (5) business days submit a revised Project schedule reflecting the changes
against the baseline schedule.
56. 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, 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.
57. Value of Change Order Work
The value of and Work covered by a Change Proposal Request or of any claim for an
increase or decrease in the Contract Price shall be determined in one of the following
ways:
• Where the Work involved is covered by unit prices contained in the Contract,
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
45
Replacement of Fire Station No. 11 Bid No.: 06-07-015
•
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
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.
46
o:.a ki., . AG A7 Al
• Cost of premiums for additional bonds and insurance required because of
changes in the Work.
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 thefollowing 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 performs 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
47
Replacement of Fire Station No. 11 Bid No.: 06-07-015
in the Contract Documents, 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 Contract 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."
58. 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 88, 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 the Contract.
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
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
48
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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 labor 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(3/0) 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.
59 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), vaives;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
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
•
•
49
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
showing 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 line.
• (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.
• 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.
50
Dial AL. . (la n7 n1G
• Record Drawings shall be prepared on 4-mil Mylar as specified hereinafter.
Record Drawings and three (3) blue linecopiesshall be signed and sealed by the
Suiveyor 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.
60. Survey Work for Drainage Projects
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'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 exfiitration 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.
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.
61. As -Built Drawings
51
Replacement of Fire Station No. 11 Bid No.: 06-07-015
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.
62. Worker's Identification
The Contractor's employees, who include any subcontractor, shall wear an identification
card provided by the Contractor. The identification card shall bear the employee's
picture, name, title and name of the employer. Failure by a Contractor's employee to
wear such identification may result in his removal from the Work until such time as the
identification card is obtained and worn. Such removal shall not act as a basis for the
Contractor to submit a claim for an extension of time.
63. 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
52
I1:A hl.. . flc Ill /l.l �.
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).
64. 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.
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 Contract Documents 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 Contract Documents. Warranties
required by the Contract Documents shall commence on the date of Final Acceptance
completion of the Work or designated portion thereof unless otherwise provided in the
Contract Documents.
65. Acceptance and Final Payment
53
RPniaramPnt of Fire Statinn Nn 11 mid kin • nR_n7_n1G
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 Contract Documents 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 Contract
Documents, 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; operations and maintenance data, 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
Documents, 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.
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 Majeure
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, and 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 the Contract Documents
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
54
Reolacement of Fire Statinn Nn 11
laid Mrs • rig 117n4C
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
Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by
a Force Majeure, then the Contract Time set forth in the Contract 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;
• 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 potentiaLbasis _ 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.
55
RanlartemPnt of Firs Station Kin 11
1:2;,4 ni., • na n7 n� G
•
The permitting of the Contractor to proceed with the Work subsequent to the date
specified in the Contract (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 of Claim
Any claim for a change in the Contract Time or Contract Price shall be made by written
notice by Contractor to the Project Manager and to Consultant within ten (10) business
days of the 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 Contract Time or Contract Price shall be determined
by the Project Manager or Consultant in accordance with Article 69, 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 the Contract time or
Contract price shall be waived if not submitted in strict accordance with the requirements
of this Article.
The Contract 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 70, 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 the Contract 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 the Contract
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
56
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
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-Compensable
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 the Contract 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 67, Notification of Claim, hereof.
Failure of Contractor to comply with Article 67, 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,. 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 the Contract, 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.
57
Replacement of Fire Station No. 11
Q.! nl., • (lc n7 n4=
•
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 Contract 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 Contract Documents, 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 complete
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 Contract Documents, 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.
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 without cost to
the City.
58
_,.J AID nr". A7 (14c
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 the Contract Documents.
The cost of traffic control shall be included in the Contractor's Bid.
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
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.
59
Ponlaramant of Piro cfatinn Nn 11
Rini Nn • nR-n7-n1s
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• 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 Tess 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 Existing 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
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
60
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 87,
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 orany_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.
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
Contract 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
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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; Citv'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
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 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.
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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 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;
• The Contractor has failed in the representation of any warranties stated herein;
• 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 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 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 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, the City may at its sole discretion notify the Contractor, specifying
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the basis for such default, and advising the Contractor that such default must be cured
within a specified time frame or the Contract 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 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 the
Contract.
• Contractor fails to comply with any of its duties under the Contract Documents,
with any terms or conditions set forth in this Contract, 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 the Contract.
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
87, Termination for Convenience. The City in its sole discretion may terminate the
Contract 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 and
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
RoninrArn nt of Fire Station NO. 11
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Bid No.: 06-07-015
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
by written notice to the Contractor. Such Written Notice shall state the date upon which
Contractor shall cease all Work under the Contract 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 the Work and not incorporated in
the Work;
• Take no action that shall increase the amounts payable by the City under the
Contract Documents; and
• 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, 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 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 the Contract 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 the Contract, and has been
specifically fabricated for the sole purpose of the Contract 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 the Contract. In no event, shall any payments
under this Paragraph exceed the maximum cost set forth in the Contract.
• 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
90. 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
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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
must state the basis of the objection and must be accompanied by a statement that any
Contract price or Contract 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 ofa Projectrand/_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.
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93. Permits, Licenses and Impact 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's Master Permit Fee and applicable Major Trade Permit fees (i.e. Mech.,
Plumbing, Elec., & Fire) are waived. Any other permit fees not directly
related to the actual construction of the Project (i.e. 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 waivable."
Except as otherwise provided within the Contract Documents, 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.
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.
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
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harmless the City against any such liabilities, even if they arise from actions directed or
taken by the City.
96. 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
97. 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
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.
98. 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 ofany
subsequent breach and shall not be construed to be a modification of the terms of the
Contract Documents.
99. 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.
100. 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
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conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade
County, Florida.
101. 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.
102. Entire Agreement
The Contract Documents, as they may be amended from time to time, represent the
entire and integrated Contract between the City and the Contractor and supersede 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.
103. 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
shaH-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.
104. Evaluation
Contractor acknowledges that upon completion of the of the Work under the Contract
Documents 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.
105. 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.
106. Royalties and Patents
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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 the Contract for said Work.
107. 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.
108. 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
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.
109. 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.
110. 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.
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,
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or compliance with, any remaining documentation or obligation, as the case may be, in
accordance with the Contract Documents
111. 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.
112. Agreement Limiting Time in Which to Bring Action Against the City
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 Contract, or if final
payment has not been issued within six (6) months of substantial completion of the Work
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.
113. 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.
114. 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.
115. Mutual Obligations
This document, 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
ownership control 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.
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116. Contract Extension
The City reserves the right to exercise its option to extend the 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.
117. 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
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.
118. Nature of the Agreement
The Contractor shall provide the services set forth in the Contract Documents. 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 fumish 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.
119. 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 otfierwise, 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.
120. 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.
121. 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. Contract Time
Contractor shall have 365 calendar days to achieve Substantial Completion from the
date of the Notice to Proceed is issued. Contractor shall have an additional 60 calendar
days for Final Completion of the Project.
2. 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. All applications shall be submitted in triplicate. 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 5 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.
Contractor shall submit separate Applications for Payment for each Project.
When the above grounds are removed or resolved satisfactory to the Project Manager,
payment shall be made in whole or in part.
The City will pay, and the Contractor shall accept as full compensation for the Work, the
sums specified in the Contractor's submittal to the Contract Documents, 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
73
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Rirl Pln • na_n7_n1�
•
City's interest, including applicable insurance in the name of City 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
3. Liquidated Damages
The Contractor is obligated and guarantees to complete the Project in the time set forth
in the Contract Documents or any approved extension of time the Contractor shall pay to
the City the sum. In the event of a delay in completion beyond the date set forth in the
Contract Documents the Contractor shall pay to the City for each and every calendar
day of unexcused delay, the sum of One thousand dollars ($1,000.00) per day, 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 Contract Documents.
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.
The City shall notify the Contractor that it is incurring liquidated damages.
4 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. 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 stem. --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 the Contract.
The approved schedule of values shall be updated through the submittal of the City's
Payment Application Form.
5. Proiect Schedules
Contractor shall submit a proposed Project schedule as follows:
■ Schedule identifying all tasks within the critical path. 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 Manager and
Consultant's review. Subsequent to such review of said schedule the
Contractor shall establish said schedule as the baseline schedule.
■ All updates of schedules shall be tracked against the baseline schedule and
shall be at a minimum submitted with each pay application. An updated
schedule against the baseline shall also be submitted upon execution of each
change order that impacts the Contract Documents Time for completion.
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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
unless otherwise approved by the Project Manager. 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.
• Subsequent to review of the initial schedule submission the Contractor shall
establish the reviewed schedule as the "baseline schedule". Contractor shall
then prepare and submit all updates to the schedules utilizing the tracking
mode within Microsoft Project.
6. 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.
7. 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
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
75
Replacement of Fire Station No. 11 Bid No.: 06-07-015
1
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.
8. Request for Information
The Contractor shall submit a Request for Information (RFI) where the Contractor
believes that the Contract Document's 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.
9. Substitutions
Whenever materials or equipment are specified or described in the Contract Documents
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 the
Work 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.
If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may fumish 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 the Contract Documents. The procedures for
76
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 concurrence, 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 of Record 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 Contract Documents.
10. Proiect Site Facilities
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,
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.
11. 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
77
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retesting due to the product or Work failing a test. Costs for such retests shall be
deducted from pending invoices.
12. 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.
13. Construction Signage
Where required by the Contract Documents 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 signs at the Project
Site as follows:
• The first sign must be manufactured by Image 2000, 45 East 9th 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 3/4
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.
14. Aerial Photography
Contractor shall conduct aerial photography on a monthly basis that will reflect the
progress of the Project. Aerial photographs are to be submitted monthly with the
Contractor's application for payment. Failure to include the photographs shall result in
rejection of the application for payment.
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(Page 1 of 8)
Section 4 - BID FORM
Submitted:
City of Miami, Florida
Office of the City Clerk
City Hall, 15t Floor
3500 Pan American Drive
Miami, Florida 33133-5504
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:
--$id--No:-07-08-045- —
Title: REPLACEMENT OF FIRE STATION NO.11, B- 60452
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 fumish the required
Performance Bond and Payment Bond or fails to fumish 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.
•
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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 bidder.
Our LUMP SUM BID includes the total cost for the Work specified in this solicitation,
consisting of furnishing all materials, labor, equipment, supervision, mobilization,
overhead & profit required, in accordance with the Bid Specifications.
Lump Sum: $
Written Amount
80
•
BID FORM: (Page 3 of 8)
DIRECTIONS: COMPLETE PART I OR PART II, 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
Addendum No. 2, Dated
Addendum No. 3, Dated
Addendum No. 4, Dated
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 Hirinq
Bidder certifies that it 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;
BID FORM: (Page 4 of 8
(ii)The Bidder's policy of maintaining a drug -free workplace;
81
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•
(iii )Any available drug counseling, rehabilitation, and employee assistance programs;
and
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(3) Giving all employees engaged in performance of the Contract a copy of the statement
required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that
as a condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug
statute for a violation occurring in the workplace no later than five (5) calendar days after
such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such
conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is convicted
of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including
termination; or
(ii)Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health,
law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug -free workplace program through
implementation of subparagraphs(1) through (6); and
5. _-- Lobbyina
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.
BID FORM: (Page 5 of 8)
(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.
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This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a pre -requisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not
Tess than $10,000 and not more than $100,000 for each such failure; and
Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it
applies to covered contract/grant transactions over $100,000 (per QMB).
6. Debarment, Suspension and Other Responsibility Matters
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, and 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.
Ilk I
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BID FORM: (Page 6 of 8)
The Bidder further identifies the costs and methods summarized below:
Quantity Unit
Description Unit Price Price
Total $
Extended . Method
Attached is a Bid Bond [ ], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of
Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or
Certified Check [ ] No. Bank of
for the sum of
Dollars ($ ).
The Bidder shall acknowledge this Bid and certifies to the above stated in Part III and IV by
signing and completing the spaces provided below.
Firm's Name:
Signature:
Printed Name/Title:
City/State/Zip:
Telephone No.:
Facsimile No.: E-Mail Address:
Social Security
No. or Federal Dun and
I.D.No.: Bradstreet No.:
(if applicable)
If a partnership, names and addresses of partners:
84
BID FORM: (Page 7 of 8)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
111 I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a corporation 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 corporation to execute bids on behalf of the corporation and
providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official
act and deed of the corporation. I further certify that said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Secretary:
Print:
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
1 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.
Partner:
Print:
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
CERTIFICATE OF AUTHORITY
IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing this Bid is
authorized to sign bid ciocuments on behalt of the joint venture. it 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:
85
BID FORM: (Page 8 of 8)
STATE OF
NOTARIZATION
SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20 , by , who is personally known to me or who has
produced as identification and who (did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
86
Section 5- Attachments
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:
Replacement of Fire Station No. 11, CIP Project No. B- 60452
NOW THEREFORE:
(a) If the principal shall not withdraw said Bid within one hundred twenty (120) 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.
•
87
Bid No.: 06-07-015
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
88
Reoiacement of Fire Station No. 11 Bid No.: 06-07-015
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 I know his signature, and the
signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in
behalf of said corporation by authority of its governing body.
STATE OF FLORIDA )
COUNTY OF DADE
City OF MIAMI
SS
(Corporate Seal)
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 attomey-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:
•
•—... a „s Cire C#n+inn kin 11
89
Bid No.: 06-07-015
SUPPLEMENT TO BID FORM:
QUESTIONNAIRE
THIS COMPLETED FORM MUST BE SUBMITTED WITH THE BID, THE CITY
MAY, AT ITS SOLE DISCRETION, REQUIRED THAT THE BIDDER SUBMIT
ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM SUCH
INFORMATION MUST 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
1A. What is your primary business?
_2, _ What is the Last project of this nature that you have completed? {in excess of $1,000,000.00)
3. Have you ever failed to complete any work awarded to you? If so, where and why?
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.
90
Bid No.: 06-07-015
1 5.
Give names, addresses and telephone numbers of three individuals, corporations,
agencies, or institutions for which you have performed work:
(name)
(address) (phone #)
(name)
(address) (phone #)
(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
NAME OF OWNER & CONTRACT COMPLETION COMPLETION
PROJECT PHONE # VALUE PER CONTRACT TO DATE
(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?
❑ 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 under the contract amount. (Attach additional
sheets if necessary)
Subcontractor Approx. Small Business Description of Work
Name Percentage Status
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 that is available for the Work?
91
Bid No.: 06-07-015
10. What equipment will you purchase for the proposed Work?
11. What equipment will you rent for the proposed Work?
12. State the name of your proposed project manager and superintendent and give details of
-his-or-her-qualifications and experienceinmanaging similar work.
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).
•
13.3 The address of principal place of business is
92
Ranlarvmpnt of Fire Station No. 11 Bid No.: 06-07-015
13.4 The names of the corporate officers, or partners, or individuals doing business
under a trade name, are as follows:
13.5 List all organizations which were predecessors to Bidder or in which the
principals or officers of the Bidder were principals or officers.
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.
•
_. _t r:_ c+a.s:,, Ai.. 41
93
Bid No.: 06-07-015
•
•
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.
13.10. Has the Bidder, its principals, officers or predecessor organization(s) been
debarred or suspended from bidding by any govemment during the last five (5)
years? If yes, provide details.
13.11. Under what conditions does the Bidder request Change Orders?
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?
94
Replacement of Fire Station No. 11 Bid No.: 0S-07-015
•
•
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)
2)
Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
3) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
4) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
95
Replacement of Fire Station No. 11 Bid No.: 06-07-015
SUPPLEMENT TO BID FORM:
CUSTOMER REFERENCE LISTING (Page 2 of 2)
5) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
6) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
7) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
8) Company Name
Address
Contact Person/Contract Amount
Telephone No. /Fax No.
96
._ c+as:.... AL. 11
Bid No.: 06-07-015
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) ❑ Partnership ❑ Sole Proprietorship ❑ Corporation
Corporation Document No:
Date Established
Occupational License No:
PRESENT
Street Address:
Date of Issuance
Office Location (Establishment of the bidder/Bidder):i'
City:
State: How long 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.
•
_. _c :-•-_ c+a..a:.,.. 1.1., 1 1
97
Bid No.: 06-07-015
•
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.
•
OcnIarcmant of Fir? Station No. 11
98
Bid No.: 06-07-015
•
•
Local, Small, Disadvantaged and Minority/Women
Business Enterprise Participation
Project No.: Title:
Bidder/Contractor:
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
❑ BBE
❑CSBE or SBE
❑ DBE
DHBE
$
❑ Local
0 None
■ MBE
■ WBE
❑ BBE
0 CSBE or SBE
0 DBE
$
■ HBE
■ Local
IN MBE
IN WBE
■ None
0 DBE
$
■ BBE
IN CSBE or SBE
■ HBE
■ Local
■ MBE
■ WBE
IN None
$
■ BBE
• CSBE or SBE
■ DBE
■ HBE
0 WBE
■ Local
■ MBE
■ None
❑ BBE
0 CSBE or SBE
[MBE
■ DBE
❑ Local
❑ WBE
■ MBE
■ None
0 CSBE or SBE
0 DBE
DHBE
$
■ BBE
0 WBE
■ Local
■ MBE
■ None
LEGEND
Types of Firm
Certifying Entities
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 Govemment
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
LOCAL OFFICE AFFIDAVIT
99
Replacement of Fire Station No. 11
Bid No.: 06-07-015
Section 6- Contract Execution Form
THIS Contract (contract number) made this _ day of in the year 2008
by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and (name of
Contractor)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST (CONTRACTOR NAME)
Signature Signature
Print Name, Title Print Name, Title of Authorized Officer or Official
ATTEST: (Corporate Seal)
CONTRACTOR Secretary
(Affirm CONTRACTOR Seal, if available)
ATTEST: CITY OF MIAMI, a municipal corporation of the
State of Florida
Priscilla Thompson, City Clerk Pedro G. Hernandez, P.E., City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
LeAnn Brehm, Director Julio O. Bru, City Attorney
Risk Management Department
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100
Bid No.: 06-07-015