HomeMy WebLinkAboutCRA-R-12-0005 01-30-12 BackupBID NO.: 11-009
FIRE STATION NO. 2 PHASE 2B INTERIOR REHABILITATION AND
PARKING LOT
Due Date: December 12th, 2011
Due Time: 2:00 P.M.
Pieter A. Bockweg, CRA Executive Director
ISSUED BY
City of Miami Community Redevelopment Agency
49 NW 5th Street, Suite 100
Miami, Florida 33128
CONTACT
Phone: 305-679-6800
Fax: 305-679-6835
Attention: Mark Spanioli, P.E. Director of Engineering and Construction
Email: msoanOmiamioov.com
TABLE OF CONTENTS
NOTICE TO CONTRACTORS 6
Section 1 - Instructions for Submission 7
1. Intention of CRA of Miami 7
2. Scope of Work 7
3. Location of Proiect(s). 7
4. Performance of the Work 7
5. Examination of Contract Documents and Site 7
6. Addendum 8
7. Bid Submission 8
8. Bid Guaranty 8
9. Preparation of Bid 9
10. Pre -Bid Conference 9
11. Postponement of Bid Opening Date 9
12. Acceptance or Reiection of Bids 9
13. Environmental Regulations 10
14. Bid Award 10
15. Bid Protest (not Applicable) 10
17. First Source Hiring Agreements (Not Applicable) 11
16. Local and Minority/Woman Participation Reporting (Not Applicable). 11
19. Cone of Silence (Not Applicable) 11
11
20. Public Entity Crime 11
21. Fraud and Misrepresentation 11
22. Collusion 12
23. Contractor in Arrears of Default 12
24. Cancellation of Solicitation 13
Section 2 - General Terms and Conditions 13
1. Definitions 15
2. Time is of the Essence 15
3. Contract Term 15
4. Notices 16
5. Priority of Provisions 17
6. indemnification 7 8
7. Insurance 1
8. Performance and Payment Bond 2120
9. Qualification of Surety 22
10. General Requirements 23
11. Method of Performing the Work 23
12. Work Staging and Phasing 24
13. Site Investigation and Representation 24
14. Contractor to Check Plans, Specifications and Data
15. Contractor's Responsibility for Damages and Accidents 25
16. Accidents 25
25
17. Safety Precautions 25
18. Occupational Health and Safety 27
19. Labor and Materials
20. Rules, Regulations, and Licenses 27
21. Consultant Services 27
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
22. Proiect Management 28
23. Superintendence and Supervision 28
24. Authority of the Project Manager 29
25. Inspection of Work 30
26. Taxes 30
27. Separate Contracts 30
28. Lands of Work 31
29. Coordination of Work 31
30. Differing Site Conditions 31
31. Existing Utilities 32
32. Contractor's Responsibility for Utility Properties and Service 32
33. Interfering Structures 33
34. Field Relocation 33
35. Contractor's Use of Project Site(s) 33
36. Warranty of Materials and Equipment 34
37. Material and Equipment Shipment, Handling, Storage and Protection 34
38. Manufacturer's Instructions 36
39. Manufacturer's Warranty 36
41. Submittals 37
42. Shop Drawings 38
43. Product Data 39
44. Samples 40
45. Record Set 40
46. Supplemental Drawings and Instructions 40
47. Contractor Furnished Drawings 40
48. Substitutions 41
49. CRA Furnished Drawings 42
50. Interpretation of Drawings and Documents 42
51. Product and Material Testing 42
52. Field Directives 43
53. Changes in the Work or Contract Documents 43
54. Continuing the Work 43
55. Change Orders 43
56. Change Order Procedure 44
57. No Oral Changes 45
58. Value of Change Order Work 45
59. Extra Work Directive 48
60. As -Built Drawings 49
61. Worker's Identification 50
62. Removal of Unsatisfactory Personnel 50
63. Substantial Completion, Punch List. & Final Completion 50
64. Acceptance and Final Payment 51
65. NDPES Requirements 52
66. Force Maieure 52
67. Extension of Time 52
68, Notification of Claim 53
69. Extension of Time not Cumulative 54
70. Contractor's Damages for Delay 54
71. Excusable Delay. Non-Compensable 54
73. Defective Work 55
74. Acceptance of Defective or Non -Conforming Work 55
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
75. Uncovering Finished Work 55
76. Correction of Work 56
77. Maintenance of Traffic and Public Streets 56
78. Location and Damage to Existing Facilities. Equipment or Utilities 58
79. Stop Work Order 58
80. Hurricane Preparedness 59
81. Use of Completed Portions 59
82. Cleaning Up; CRA's Right to Clean Up 60
83. Removal of Equipment 60
84. Set -offs, Withholdings, and Deductions 60
85. Event of Default 60
86. Notice of Default -Opportunity to Cure 61
87. Termination for Default 61
88. Remedies in the Event of Termination for Default 62
89. Termination for Convenience 62
90. Resolution of Disputes 63
91. Mediation -Waiver of Jury Trial 64
92. CRA May Avail Itself of All Remedies 64
93. Permits, Licenses and impact Fees (Not Applicable) 65
94. Compliance with Applicable Laws 65
95. Independent Contractor 65
96. Third Party Beneficiaries 65
97. Successors and Assigns 66
98. Materiality and Waiver of Breach 66
99. Severabilltv 66
100. Applicable Law and Venue of Litigation 66
101. Amendments 66
102. Entire Agreement 67
103. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities
Act 67
104. Evaluation 67
105. Commodities manufactured, grown, or produced in the City of Miami, Miami -Dade
County and the State of Florida (Not Applicable) 67
106. Continuation of the Work 67
107. Review of Records 67
108. No Interest 68
109. Payments Related to Guaranteed Obligations 68
110. Consent of CRA Required for Subletting or Assignment 68
111 Agreement Limiting Time in Which to Bring Action Against the CRA 68
112. Defense of Claims 69
113. Contingency Clause 69
114. Mutual Obligations 69
115. Contract Extension 69
116. Non -Exclusivity 69
117. Nature of the Agreement 70
118. Contract Documents Contains all Terms 70
119. Applicable Law and Venue of Litigation 70
120. Survival 70
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
Section 3 - Supplemental Terms and Conditions 71
1. Contract Time & Hours 71
2. Progress Payments .. 71
3. Schedule of Values 73
4 Proiect Schedules 73
5. Release of Liens/Subcontractor's Statement of Satisfaction 73
6. Progress Meetings 74
7. Request for Information 74
8. Project Site Facilities 74
9. Progress Payments 71
10. Inspection of Work 73
11. Temporary Facilities, Utilities, and Construction 73
12. Field Layout of the Work and Record Drawings for Drainage Projects (not
Applicable) 73
13. Survey Work for Drainage Projects (Not Applicable) 74
14. Security 76
15. Construction Signage 76
16. Construction Photographs $0
17. CRA Furnished Property 80
Section 4 - Bid Form Error! Bookmark not defined.
1. Drug Free Workplace 80
2. Lobbying 81
3. Debarment, Suspension and Other Responsibility Matters 82
Part IV; Certification — Trench Safety Act 83
CERTIFICATE OF AUTHORITY 84
(IF JOINT VENTURE) 84
CERTIFICATE OF AUTHORITY 84
(IF INDIVIDUAL) 84
Section 5- Attachments 86
BID BOND FORM (Page 1 of 3) 86
CERTIFICATE AS TO CORPORATE PRINCIPAL 88
SUPPLEMENT TO BID FORM: 89
QUESTIONNAIRE 89
CUSTOMER REFERENCE LISTING (Page 1 of 1) 94
SUPPLEMENT TO BID FORM: 97
Section 6- Contract Execution Form 98
CORPORATE RESOLUTION 99
FORM OF PERFORMANCE BOND (Page lof 2) 100
CERTIFICATE AS TO CORPORATE PRINCIPAL 104
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2) 105
JOINT VENTURE FORM .108
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Fire Station No. 2 Phase 2B Interior Rehabllitation and Parking Lot ITB No.: 11-009
INVITATION TO BID NO.: 11-009
NOTICE TO CONTRACTORS
Sealed bids will be received by the
City of Miami Clerk's Office
3500 Pan American Drive, Miami, FL 33133 for:
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot
Bids Due: —December 12th, 2011 @ 2:00 P.M.
Scope of Work: Interior Rehabilitation and build -out of the 2nd floor of the old Historic Fire Station #2 for the
offices of the City of Miami Community Redevelopment Agency. Work includes new interior finishes/layout
(walls, doors, floors, ceilings and finishes); elevator equipment; plumbing systems; fire sprinkler systems,
HVAC systems, electrical systems, connection of building systems to public utilities. First floor work is limited
to allowing for the future connections to the main utility services and minimum life safety equipment including
fire sprinklers. In addition, the work includes the construction of an adjacent at -grade parking lot with
landscaping, drainage and lighting.
CRA has scheduled a non -mandatory pre -bid conference and site visit will be held at the following
location, date and time:
Location: City of Miami Community Redevelopment Agency (CRA)
49 NW 5th Street, Suite 100, Miami, Florida.
DatelTime: November 18th, 2011
Minimum Requirements: Prospective Bidder shall hold a current active certified license as a General
Contractor or certified Building Contractor from the State of Florida and must have a minimum of five (5)
years experience under its current business name, in the construction of similar projects including five (5)
separate references for Projects awarded to the Bidder of similar size, scope, and complexity, completed
prior to the Bid Due Date, within the past five years.
Copies of the solicitation are available on the CRA webpage by visiting www.miiamicra.com on or after
November 7th, 2011.
It is the sole responsibility of all Bidders to ensure the receipt of any addendum. It is recommended
that Bidders periodically check the CRA. webpage for updates and the issuance of addenda.
The CRA reserves the right to accept any Bids deemed to be in the best interest of the CRA, to waive any
minor irregularities, omissions, and/or technicalities in any Responses, or to reject any or all Bids and to re -
advertise for new Bids, in accordance with the applicable sections of the CRA Charter and Code.
All bids shall be submitted in accordance with the instructions to Bidders. Bids must be submitted in
duplicate originals in the envelopes provided. At the time, date, and place above, bids will be publicly
opened. Any bids received after time and date specified will not be considered. The responsibility for
submitting a Bid/proposal before the stated time and date is solely and strictly the responsibility of the
bidder/Bidder. The CRA is not responsible for any delays, late or mis-delivered Bids, no matter what the
cause.
Pieter A. Bockweg, CRA Executive Director
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Fire Station No. 2 Phase 28 Interior Rehabilitation and Parking Lot ITB No.: 11-009
Section 1 instructions for Submission
1. Intention of CRA of Miami
It is the intention of Omni Redevelopment District Community Redevelopment Agency
(CRA) to describe in this Invitation to Bid the Project to be completed in accordance with all
codes and regulations goveming all the Work to be performed under this Project. Any
work, materials or equipment that may reasonably be inferred from the Contract 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. CRA shall have no duties other
than those duties and obligations expressly set forth within the Contract Documents.
2. Scope of Work
Interior Rehabilitation and build -out of the 2nd floor of the old Historic Fire Station #2 for the
offices of the City of Miami Community Redevelopment Agency. Work includes new interior
finishes/layout (walls, doors, floors, ceilings and finishes); elevator equipment; plumbing
systems; fire sprinkler systems, HVAC systems, electrical systems, connection of building
systems to public utilities. First floor work is limited to allowing for the future connections to
the main utility services and minimum life safety equipment including fire sprinklers. In
addition, the work includes the construction of an adjacent at -grade parking lot with
landscaping, drainage and lighting.
3. Location of Proiect(s)
1401 North Miami Avenue, Miami, Florida 33136.
4. Performance 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 CRA determines that Contractor is deemed as
not meeting this requirement during the performance of the Work, then the Contractor shall
be in default of the Contract.
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 CRA of all
conflicts, errors or discrepancies.
• 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 Florida Building Code) laws, regulations, ordinances that may
affect a Bidder's ability to perform the Work. •
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
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 it 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 and should not be relied upon in preparations of a
Bid response. All questions about the meaning or intent of the Contract Documents are to be
directed to the Office of the CRA in writing, to the attention of Mark Spanioli, P.E., Director of
Engineering and Construction at msoan camiamiaov.com. Interpretations or clarifications
considered necessary by CRA in response to such questions will be issued by CRA by means of
Addendum mailed or delivered electronically to all parties recorded by the CRA as having received
the solicitation documents. All Addenda will be posted on the CRA webpage. Written questions
must be received no less than ten (10) calendar days prior to the date Bids are due. There
shall be no response to questions received less than ten (10) calendar days prior to bid opening.
7. Bid Submission
All Bids must be received by the City of Miami Clerk's Office, 3500 Pan American Drive,
Miami, FL 33133, before the time and date specified for bid opening, enclosed in a sealed
envelope, legibly marked on the outside:
BID NO.: 11-009
PROJECT NAME: FIRE STATION NO. 2 PHASE 2B INTERIOR REHABILITATION
Bidders must submit two originals. Failure to submit two originals may result in the rejection
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 CRA, or by cash, money order, certified check, cashier's check,
Unconditional/Irrevocable Letter of Credit, 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
Community Redevelopment Agency of Miami, 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
CRA at its 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 CRA 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.
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
9. Preparation of Bid
The Bid Form (s) contains one Project and the Bidder must provide lump sum pricing for the
Work to be performed for the Project.
Ali Bids must be made upon the blank CRA 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 CRA's forms, or fully complete said forms will result in a determination that the
response is non -responsive
The Bidder will be considered non -responsive if Bid is conditioned on modifications,
changes, or revisions to the terms and conditions of the ITB.
The Bid is to include the furnishing of all labor, materials, transportation, overhead expense
and profit, equipment including, but not limited to, tools, services, applicable taxes,
overhead and profit for the completion of the Work except as may be otherwise expressly
provided in the Contract Documents.
Joint venture firms must complete and submit with their Bid the form titled "Information for
Determining Joint Venture Eligibility", (Form A) and submit a copy of the formal agreement
between ail joint -venture parties. This joint venture agreement must indicate their respective
roles, responsibilities and levels of participation for the Project. Failure to submit Form A,
along with an attached written copy of the joint venture agreement may result in
disqualification of the Bid. All joint venture firms must meet the requirements stipulated in
the Florida Statutes.
10. Pre -Bid Conference
A non -mandatory conference and site visit will be held on November 18th, 2011, at the
Community Redevelopment Agency (CRA), 49 NW 5t' Street, Suite 100, Miami, Florida at
10:00 a.m., 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.
11. Postponement of Bid Opening Date
The CRA 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 day's notice of any such
postponement to prospective Bidders.
The CRA shall make reasonable efforts to issue addenda within five (5) calendar days prior
to the due date.
12. Acceptance or Rejection of Bids
The CRA reserves the right to reject any or all Bids prior to award, to re -advertise for Bids,
and to not award any Contract in the reasonable discretion of the CRA.
The CRA reserves the right to waive any minor technicality, informality, variance, deviation,
omission or the like up to or prior to award of the 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 CRA prior to award of the Contract by the CRA Board of
Commissioners.
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
13. Environmental Regulations
The CRA 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 CRA. Bidder shall submit with its Bid, a complete history
of all citations and/or violations, notices and dispositions thereof. The non -submission of
any such documentation shall be deemed to be an affirmation by the Bidder that there are
no citations or violations. Bidders shall notify the CRA 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 CRA will issue the award of the Contract to the lowest responsive and responsible
Bidder. The CRA 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 CRA shall consider, but not be limited to, such factors
as financial capability, labor force, equipment, experience, knowledge of the trade work to
be performed, the quantity of Work being performed, and past performance on CRA and
City of Miami projects 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.
The CRA, at its sole discretion may determine a Bidder to be non -responsible where the
Bidder has failed to perform in accordance with other contracts with the CRA.
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.
Any Bidder who may have filed a lawsuit against the CRA or the City of Miami where the
CRA or the City has filed a lawsuit or won a court judgment against the Bidder may be
declared non -responsive.
15. Bid Protest (not applicable)
16. Project Labor Participation and Subcontractor Participation
The CRA will require that the selected contractor utilize workers that reside from within the
boundaries of the Omni Redevelopment District Community Redevelopment Agency and/or
the Southeast Overtown Park West Community Redevelopment Agency (CRAs). The
selected contractor will be required to submit documentation demonstrating the utilization
and residential address of the workers used. This documentation shall be submitted
monthly together with the payment application. The documentation shall consist of a copy
of the employee's driver's license or other government issued photo identification that
shows the employee's residential address along with copies of cancelled checks issued to
the employee for the payment application in question. In addition the payment application
must be accompanied by a certification by the prime contractor that said individuals were
employed at this project and that said employees reside within the boundaries of the Omni
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
Redevelopment District Community Redevelopment Agency and the Southeast Overtown
Park West Community Redevelopment Agency.
The number of required local workers shall be as follows:
Contract Amount Local Workers Required
Under $500,000 2
Over $500,000 to $1,000,000 3
Over $1,000,000 to $1,500,000 4
Over $1,500,000 to $2,000,000 5
Over $2,000,000 to $2,500,000 6
Over $3,000,000 to $3,500,000 7
Over $3,500,000 to $4,000,000 8
Over $4,000,000 2 additional for each $1 million over $4,000000
The first calendar month following Notice to Proceed and the calendar months following
substantial completion are exempt from this requirement. No payment application will be
accepted without the above noted documentation demonstrating conformance to these
requirements.
In addition, the CRA strongly encourages the use of forty (40%) percent of the individual
workforce and twenty (20%) percent of the subcontractors that have business addresses
within the Omni Redevelopment District Community Redevelopment Agency and the
Southeast Overtown Park West Community Redevelopment Agency.
17. First Source Hiring Agreements (Not applicable)
18. Local and Minority/Woman Participation Reporting (Not Applicable)
19. Cone of Silence (Not applicable)
20. 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 works project, may not submit a
response on a lease of real property to a public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor, or Consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017 of Florida Statutes for Category Two for a period of 36
months from the date of being placed on the convicted Bidder / Bidder list.
21. Fraud and Misrepresentation
Any individual, corporation or other entity that attempts to meet its contractual obligations
with the CRA through fraud, misrepresentation or material misstatement, or omission of any
material fact, may be debarred for up to five (5) years in accordance with the applicable
provisions of the CRA. The CRA 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.
22. 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
Fire Station No. 2 Phase 28 Interior Rehabilitation and Parking Lot ITB No.: 11-009
management of such related parties in preparation and submission under such ITB.
Related parties shall mean employees, officers 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(s). ITB responses found to be collusive shall be rejected.
23. Contractor in Arrears of Default
The Contractor represents and warrants that the Contractor is not in arrears to the CRA and
is not a defaulter as a surety or otherwise upon any obligation to the either entity. 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 govemment
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 CRA of any change during the term of the Contract.
The CRA shall not consider and deem as non -responsible Bids submitted by Bidders where
the CRA has determined that the Bidder is in monetary arrears or otherwise in debt or in
default to CRA or the City of Miami at the time and date Bids are due.
24. Cancellation of Solicitation
The CRA reserves the right to cancel, in whole or in part, any solicitation when it is in the
best interest of the CRA. This determination will be at the discretion of the CRA and there
will be no recourse from such cancellation.
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Fire Station No. 2 Phase 26 Interior Rehabilitation and Parking Lot
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, establishing 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.
CRA means the Omni Redevelopment District Community Redevelopment Agency, a
public agency and body corporate created pursuant to Section 163.356, Florida Statutes.
In all respects hereunder, CRA's performance is pursuant to the CRA as Owner. For the
purposes of this Contract, "CRA" without modification shall mean the Omni Redevelopment
District Community Redevelopment Agency.
CRA Board of Commissioners means the governing body of the CRA.
CRA Executive Director means the duly appointed chief administrative officer of the CRA.
Consultant means a firm that has entered into a separate agreement with the CRA 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 CRA subsequent to approval of award by the CRA.
Contractor means the person, firm, or corporation with whom the CRA 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(s).
Construction Change Directive means a written directive to effect changes to the Work,
issued by the Consultant or the Director that may affect the !TB Contract price or time.
Construction Schedule means a critical path schedule or other construction schedule, as
defined and required by the Contract Documents.
Consultant means the Architect or Engineer of Record contracted by the CRA to prepare
the plans and specifications for the Projects. Consultant may also be referred to as
Architect or Engineer of Record.
Cure means the action taken by the Contractor promptly after receipt of written notice from
the CRA of a breach of the Contract Documents which shall be performed at no cost to the
CRA, 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 (s) site(s) disturbed in performing such cure.
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot
ITB No.: 11-009
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 CRA 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(s)
Director means the Director of Engineering and Construction or designee, who has the
authority and responsibility for managing the Project(s) under this Contract.
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 CRA 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 CRA and submitted all
documentation required by the Contract Documents.
Inspector means an authorized representative of the CRA assigned to make necessary
inspections of materials furnished by Contractor and of the Work performed by Contractor.
Materials mean goods or equipment incorporated in a Project(s), or used or consumed in
the performance of the Work.
Notice of Award means the written letter to the Contractor notifying 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(s).
Plans andlor Drawings means the official graphic representations of a Project(s).
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(s).
Project Manager means the individual assigned by CRA to manage the Project(s).
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
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 of Miami's Risk Management Administrator, or
designee, or the individual named by the CRA Executive Director to administer matters
relating to insurance and risk of loss for the CRA.
14
Fire Station No. 2 Phase 2B interior Rehabilitation and Parking Lot ITB No.: 11-009
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 CRA can use, occupy and/or
operate the facility in ail respects to its intended purpose. Substantial Compliance shall not
be deemed to have occurred until any and all govemmental 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 oritical 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 CRA.
Contractor acknowledges and recognizes that the CRA is entitled to full and beneficial
occupancy and use of the completed Work following expiration of the Contract Time.
In agreeing to bear the risk of delays for completion of the Work except for extensions
approved in accordance with Article 71, 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 materialperson
and laborers.
The Contractor acknowledges that the CRA is purchasing the right to have the Contractor
continuously working at the Project(s) site(s) for the full duration of the Project to ensure the
timely completion of the Work.
3, Contract Term
The Contract shall commence upon issuance of the Notice of Proceed, which shall be
issued subsequent to the execution of the Contract by the CRA. The Contract shall
terminate upon notice by the CRA that the Contract has been closed -out after final
completion or otherwise terminated by the CRA pursuant to the terms and conditions herein
set forth.
4. Notices
Whenever either party desires to give Written Notice unto the other relating to the Contract,
such must be addressed to the party for whom it is intended at the place last specified; and
15
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot rrs No.: 11-009
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 CRA of Miami:
Mr. Pieter Bockweg
Executive Director
Omni Redevelopment District Community Redevelopment Agency
49 NW 5th Street, Suite 100
Miami, FL 33128
With copy to Mr. Mark Spanioli, P.E.
Director of Engineering and Construction
Omni Community Redevelopment Agency
49 NW 5th Street, Suite 100
Miami, FL 33128
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 CRA fully informed as to the
progress of the Project(s) at all times through ongoing communications with the Project
Manager.
The Contractor shall notify the Miami Police Department and Fire Department about the
construction schedule(s). The Contractor is required to obtain a current list of contract
persons and phone numbers from the CRA's 's Project Manager prior to Construction.
The Contractor must notify residents living within 500 feet of the project in writing as least
one week in advance prior to commencing work in the general area.
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 govem over a ITB
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
16
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
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. indemnificationContractor shall indemnify and hold harmless CRA and the
City of Miami, its officers, agents, directors, and employees, from liabilities, damages,
fosses, judgments, and costs, including, but not limited to reasonable attomey's fees, to the
extent caused by the negligence, recklessness, negligent act or omission, or intentional
wrongful misconduct of Contractor and persons employed or utilized by Contractor in the
performance of this Contract. Contractor shall, further, hold the CRA, City, its officials and
employees, harmless for, and defend the City, its officials and/or employees against, any
civil actions, statutory or similar claims, injuries or damages arising or resulting from the
permitted work, even If it is alleged that the CRA, City, its officials and/or employees were
negligent. in the event that any action or proceeding is brought against CRA and the City of
Miami by reason of any such claim or demand, Contractor shall, upon written notice from CRA
and the City of Miami, resist and defend such action or proceeding by counsel satisfactory to
CRA and the City of Miami. 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 CRA and the
City of Miami or its officers, employees, agents and instrumentalities as herein provided.
These indemnifications shall survive the term of this Contract. In the event that any action
or proceeding is brought against CRA and the City of Miami by reason of any such claim or
demand, Contractor shall, upon written notice from CRA and the City of Miami, resist and
defend such action or proceeding by counsel satisfactory to CRA and the City of Miami. The
Contractor expressly understands and agrees that any insurance protection required by this
Contract or otherwise provided by the Contractor shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the CRA and the City of Miami 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 CRA's and City of Miami's option, any and all claims of liability and all suits and actions of
every name and description which may be brought against CRA and the City of Miami whether
performed by Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the 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. Statutes,
as applicable.
Contractor shall require all Sub -Contractor agreements to include a provision that they will
indemnify the CRA and the City of Miami.
The Contractor agrees and recognizes that the CRA and the City of Miami shall not be held
liable or responsible for any claims which may result from any actions or omissions of the
Contractor in which the CRA and the City of Miami 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 CRA and the City of
Miami in no way assumes or shares any responsibility or liability of the Contractor or Sub -
Contractor, under this Agreement.
Ten dollars ($10) of the payments made by the CRA constitute separate, distinct, and
17
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
independent consideration for the granting of this Indemnification, the receipt and
sufficiency of which is acknowledged by the Contractor.
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 accepted by CRA (or for such duration as is
otherwise specified hereinafter), the insurance coverage's set forth herein.
7.1. Workers' Compensation insurance to apply for all employees in
compliance with the Statutory 'Workers' Compensation Law" of the State of
Florida and all applicable federal laws. In addition, the policy(ies) must
include:
■ Waiver of subrogation
■ Statutory State of Florida
■ 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. Commercial General Liability (Primary & Non Contributory)
(CG 2010 11/85)
(CGL) with minimum limits of One Million Dollars ($1,000,000.00) per
occurrence, combined single limit for Bodily Injury Liability and Property
Damage Liability, with a general aggregate limit of Two Million Dollars
($2,000,000.00). Coverage must be afforded on a primary and non
contributory basis and with a coverage 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 One Million Dollars ($1,000,000.00) 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).
■ CGL Required Endorsements
o Employees included as insured
o Contingent Liability/Independent Contractors Coverage
o Contractual Liability
o Waver of Subrogation
o Premises and/or Operations Liability
o Explosion, Collapse and Underground Hazard
18 ITB hto.:11 009
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot
o Loading and Unloading
CRA and the City of Miami is to be expressly included as an Additional
Insured pursuant to endorsement number CG 2010 11/85 or its
equivalence.
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 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's
CRA and the City of Miami as Additional Insured
7.5. Umbrella Policy (Excess Following FornifTr ue Excess
Followings Fonn/True Umbrella)
■ Bodily injury and property damage liability with limits of Three Million
Dollars ($3,000,000) per occurrence, Three Million Dollars ($3,
000,000) Aggregate.
Excess coverage over the policies as follows:
• Commercial General Liability
• Business Automobile Liability
m Employer's Liability
CRA and the City of Miami shall be listed as an additional insured.
7.6. Installation Floater
Causes of Loss: Special Form including Wind and Hail
Valuation: Replacement Cost
CRA and the City of Miami included as an additional insured
A. Limit/Value at Location or Site Full Replacement Limits
Required 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 CRA and the City as a named insured, with a deductible of
riot more than Five Thousand Dollars ($5,000.00) each claim.
7.7. Owners & Contractor's Protective
Each Occurrence $1,000,000
General Aggregate $1,000,000
7.8 Builder's Risk
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
Causes of Loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost
Deductible: $2,500 All other Perils
5% maximum on Wind
City of Miami included as an Additional
Insured
A. LimitNalue at Location or. Site
B. Coverage Extensions:
The above policies shall provide the CRA with written notice of cancellation or material
change from the insurer not less 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 CRA
with at least thirty (30) days notice of cancellation and/or restriction.
Contractor shall furnish to the CRA 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, refer specifically to this Contract, and state that such insurance is
as required by this Contract.
The official title of the Owner is the Omni Redevelopment District Community
Redevelopment Agency, CRA 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 less 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.
The Risk Administrator or his/her authorized designee reserves the right to require
modifications, increases, or changes in the required insurance requirements, coverage,
deductibles or other insurance obligations by providing a thirty (30) day written notice to the
Contractor in accordance with Section 2, General Conditions, Article 4, Notices. Contractor
shall comply with such requests unless the insurance coverage is not then readily available
in the national market. An additive or deductive change order will be issued to adjust the
contract value as necessary. For insurance bonding issues and decisions, the City shall act
through its Risk Administrator (unless otherwise stated).
8, Performance and Payment Bond
Where required by the Contract Documents the Contractor shall within fifteen (15) calendar
days of being notified of award, furnish a Performance/Payment containing all the
provisions of the attached Performance/Payment forms.
20
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
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 employed
pursuant to this Project(s). 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 Project(s).
The CRA and the City of Miami must be fisted as Obligees.
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 CRA with evidence of such recording.
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 CRA will accept a surety bond from a company with a rating of B+ or better for
bonds up to $2 million, provided, however, that if any surety company appears on the
watch list that is published quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the CRA shall review and either accept or reject the surety company
based on the financial information available to the CRA. A surety company that is
rejected by the CRA may be substituted by the Bidder or proposer with a surety
company acceptable to the CRA, only if the bid amount does not increase. The
following sets forth, in general, the acceptable parameters for bonds:
Amount of Bond (U$)
Bonding Company Rating
Size Category
500,001 to 1,000,000
. B+
Class I
1,000,001 to 2,000,000
B+
Class it
21
Fire Station No. 2 Phase 2B interior Rehabilitation and Parking Lot
ITB No.: 11-009
2,000,001 to 5,000,000
A
Class III
5,000,001 to 10,000,000
A
Class IV
10,000,001 to 25,000,000
A
Class V
25,000,001 to 50,000,000
A
Class VI
50,000,001 or more
A
Class VII
For projects of $500,000.00 or Tess, CRA 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 CRA 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 ITS.
The Contractor shall at all times cooperate with the CRA, or the Consultant and coordinate
its respective Work efforts to most effectively and efficiently progress the performance of
the Work.
The CRA, the Consultant and other agencies authorized by the CRA, shall have full access
to the Project(s) site(s) 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.
22 rT8 No.:11-DD9
Fire Station No. 2 Phase 28 Interior Rehabilitation and Parking Lot
All newly constructed work shall be carefully protected from injury in any way. No wheeling
or walking or placing of heavy bads on it shall be allowed and the Contractor at its own
expense shall reconstruct all portions damaged.
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.
Contractor is to take necessary precautions and use caution when working in or around
overhead transmission lines and underground utilities.
The apparent silence of the Contract Documents as to any detail, or the apparent omission
from them of a detailed description concerning any Work to be done and materials to be
furnished, shall be regarded as meaning that only best practices are to prevail and only
materials and workmanship of the best quality are to be used in the performance of the
Work.
11. Method of Performing the Work
When measurements are affected by conditions already established or where items are to
be fitted into constructed conditions, it shall be the Contractor's responsibility to verify all
such dimensions at the site and the actual job dimensions shall take precedence.
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(s) within the specified
time. The Contractor shall immediately comply with such orders at no additional cost to the
CRA. (3) The CRA at its sole option may also have Work performed by a third party
contractor and deduct such cost from any monies due the Contractor.
Where materials are transported in the performance of the Work, vehicles shall not be
loaded beyond the capacity recommended by the vehicle manufacturer or permitted by
Federal, State or local law(s). When it is necessary to cross curbing or sidewalks,
protection against damage shall be provided by the Contractor and any damaged curbing,
grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to
the satisfaction of the Project Manager or Consultant.
Contractor is responsible to control dust and prevent it from becoming a public nuisance or
causing off -site damage. Contractor shall take all necessary and prudent measure to
control dust.
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 CRA 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
23
Fire Station No. 2 Phase 213 Interior Rehabilitation and Parking Lot ITB No.: 11-009
necessary, shall have the authority to require changes in the manner in which the Work is
performed. There shall be no obstruction of CRA 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 CRA operations.
The Contractor shall familiarize itself with normal City of Miami 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(s) 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 CRA provided reports, the type of equipment and
facilities needed preliminary to and during the performance of the Work and all other
matters which can in any way affect the Work or the cost thereof under the Contract
Documents.
The Contractor further acknowledges that it has satisfied itself based on any geotechnical
reports the CRA may provide and inspection of the Project(s) site(s) 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 CRA or included in this Contract Document.
Contractor should examine the soil conditions at the Project site to determine if any special
shoring, sheeting, or other procedures are necessary to protect adjacent property during
excavation of subsoil materials or during filling of any area(s), or for any operation during
the performance of the Work.
Any failure by the Contractor to acquaint itself with all the provided information and
information obtained by visiting the Project(s) site(s) 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 CRA
provided reports the Contractor shall notify the CRA 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 by 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.
24
Fire Station No. 2 Phase 25 Interior Rehabilitation and Parking Lot ITB No.: 11-009
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 CRA, and shall promptly repair or
replace, at no additional cost to the CRA any Work, materials, equipment, or supplies
damaged, lost, stolen, or destroyed from any cause whatsoever.
Contractor shall accept full responsibility for Work against all losses or damages of
whatever nature sustained until Final Acceptance by CRA, and shall promptly repair or
replace, at no additional cost to the CRA, and to the satisfaction of the Project Manager,
any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any
cause whatsoever.
Lawn Areas - All lawn areas disturbed by construction shall be replaced with like kind to a
condition similar or equal to that existing before construction. Where sod is to be removed,
it shall be carefully removed, and the same resodded, or the area where sod has been
removed shall be restored with new sod in the manner described in the applicable section.
Fences - Any fence, or part thereof, that is damaged or removed during the course of the
work shall be replaced or repaired by the Contractor, and shall be left in as good of a
condition as before the starting of the work.
Where fencing, walls, shrubbery, grass strips or area must be removed or destroyed
incident to the construction operation, the Contractor shall, after completion of the work,
replace or restore to the original condition all such destroyed or damaged landscaping and
improvements.
16. Accidents
The Contractor shall provide such equipment and facilities as are necessary or required, in
thecase of accidents, for first aid service to person who may be injured during the
Project(s) 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 the Work. 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(s) site(s) 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(s) site(s); and
• Other property at the Project(s) Site(s) or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated for
removal, relocation or replacement in the course of construction.
Contractor shall designate a responsible member of its organization at the Project(s) site(s)
whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Project Manager.
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.; 11-009
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
CRA or 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.
All open trenches or holes shall be properly marked and barricaded to assure the safety of
both vehicular and pedestrian traffic. No open trenches or holes are to be left open during
nighttime or non -working hours without the prior written approval of the Project Manager.
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:
a The chemical name and the common name of the substance.
a The hazards or other risks in the use of the substance, including:
o The potential for fire, explosion, corrosion, and reaction;
o The known acute and chronic health effects of risks from exposure, including
the medical conditions which are generally recognized as being aggravated by
exposure to the substance; and
o The primary routes of entry and symptoms of overexposure.
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
• 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 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(s) site(s) and shall not employ on the Project(s) 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 CRA, at its sole discretion may hire a Consultant who shall serve as the CRA's
Representative for the Project(s) to be performed under the Contract Documents. The
Contract Documents will state that a CRA 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 CRA 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 CRA 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.
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot
ITB No.: 11-009
In case of the termination of employment of the Consultant, the CRA 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 CRA 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 the CRA may be 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 ail 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(s) site(s); visitors to the Project site, including
representatives of the CRA, 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(s) site(s) 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 performing 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 the 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.
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Fire Station No. 2 Phase 28 Interior Rehabilitation and Parking Lot ITB No.: 11-009
Contractor shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible
for the means, methods, techniques, sequences and procedures of construction.
All Work, including trade Work shall be performed and supervised by persons properly
licensed for the Work being performed.
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 CRA to
the extent provided by the Contract, unless otherwise modified in writing by the CRA. 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(s) Site(s) at all times.
The Contractor shall provide safe facilities for such access so the Project Manager and
Consultant may perform their functions under the Contract. The Project Manager and
Consultant will make periodic visits to the Work Site to become generally familiar with the
progress and quality of the Work, and to determine if the Work is proceeding in accordance
with the Contract Documents.
The Project Manager and Consultant will not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in
connection with the Work, and will not be responsible for the Contractor's failure to carry out
the Work in accordance with the 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.
Ali 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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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
25. Inspection of Work
Consultant, Inspectors, and CRA 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
CRA, 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 CRA's testing laboratory or entity. The Contractor shall
give the CRA and the Consultant timely notice of when and where tests and inspections are
to be made so that the CRA 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, CRA 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 CRA 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 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.
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
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
CRA 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 CRA for the use of Contractor.
Contractor shall provide, at Contractor's own expense and without liability to CRA or the
City, any additional land and access thereto that may be required for temporary
construction facilities, or for storage of materials. Contractor shall furnish to CRA copies of
written permission obtained by Contractor from the owners of such facilities.
29. Coordination of Work
The Project Site(s) may be occupied and may operate on a twenty-four hour seven day a
week schedule. Contractor shall ensure that the performance of the Work does not impact
any ongoing operations at Project(s) site(s), which also includes the delivery of any
materials and equipment. Access to and egress from the Project Site(s) shall be
coordinated with the Project Manager and the Consultant tominimize 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(s) site.
30. Differing Site Conditions
In the event that during the course of the Work Contractor encounters subsurface or
concealed conditions at the Project(s) site(s) 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(s) site(s), 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 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
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
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(s) site(s) 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 and otherwise fully
documented altering site conditions 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. Existinc 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 CRA, the City, its officials or employees 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 underground utility locations through "Sunshine State One
Call of Florida, inc", who shall be contacted a minimum of 48 hours before the Contractor
commences any digging. The Contractor is responsible for removing all utility markings
once the work is completed. Final payment to the Contractor may be withheld until the
utility marks are removed.
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 CRA, 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
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Fire Station No. 2 Phase 28 Interior Rehabilitation and Parking Lot
authority. Cooperate with said authority in restoration of service as promptly as possible
and bear all costs of repair. in no event shall interruption of any utility service be allowed
unless granted by the owner of the utility.
in the event water service lines that interfere with trenching are encountered, the Contractor
may, by obtaining prior approval of the water utility, cut the service, dig through, and restore
the service with similar and equal materials at the Contractor's expense and as approved
by the Project Manager or Consultant.
Replace, with material approved by the Project Manager or Consultant, at Contractor's
expense, any and all other laterals, existing utilities or structures removed or damaged
during construction, unless otherwise provided for in the 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
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. Contractor shall coordinate with any affected companies, including
utility companies and take necessary precautions to prevent damage to existing structures
whether on the surface, above ground, or underground, including have the owner of the
interfering structures place temporary supports.
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 Project Site(s)
Limitations may be placed on the Contractor's use of the Project(s) site(s) and such
limitations will be identified by the Project Manager. In addition to such !imitations, 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 CRA's day-to-day operations.
The Contractor shall limit its use of the Project site(s), so as to allow for the CRA's
continuous operation. This is necessary, as the Project Site(s) may remain in operation
during the Work.
The Contractor shall:
o Confine operations at the Project(s) site(s) to the areas permitted by the Project
Manager or Consultant; not disturb portions of the Project(s) site(s) beyond the
specified areas; conform to Project(s) site(s) rules and regulations affecting the
Work.
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITS No.: 11-008
o Keep existing driveways and entrances serving surrounding facilities clear and
available to the CRA, 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.
o Assume all responsibility for its tools, equipment and materials, including any
materials purchased for the Work and not accepted by the CRA, and its vehicles
while performing Work for the CRA and/or while parked or stored at a CRA
facility. The CRA and the City assumes no liability for damage or loss to the
items specified in this paragraph.
Access to parking and egress from the Project(s) site(s) shall be subject to the approval of
the Project Manager.
36. Warranty of Materials and Equipment
Contractor warrants to CRA 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 CRA.
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.
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
The Contractor shall request a 7-day advance notice of shipment from manufacturers, and,
upon receipt of such notice, provide the Engineer with a copy of the current delivery
information concerning equipment items and material items of critical importance to the
Project schedule.
Receiving
The Contractor shall unload and record the receipt of all equipment and materials at the
jobsite.
All costs for receiving, inspection, handling, storage, insurance, inventory control, and
equipment maintenance for the Contractor -Supplied and CRA-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. CRA supplied
equipment and material shall be inspected and inventoried together with CRA'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 the Project(s) 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 CRA.
Insurance
The Contractor's insurance shall adequately cover the value of materials delivered but not
yet incorporated into the Work.
Inventory Control
Equipment and materials shall be stored in a manner to provide easy access for inspection
and inventory control. The Contractor shall keep a running account of all materials in
storage to facilitate inspection and to estimate progress payments for materials delivered
but not installed in the Work.
Equipment's Maintenance Prior to Acceptance by the CRA
Provide the required or manufacturer's recommended maintenance during storage, during
the installation, and until such time as the CRA accepts the equipment for full-time
operation,
Salvage Equipment
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot iTB No.: 11-009
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 CRA. All other material shall be disposed of by the
Contractor at his own expense.
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(s) 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 CRA 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 CRA, 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(s).
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
40. Reference Standards
Reference to the standards of any technical society, organization or body shall be
construed to mean the latest standard adopted and published at the date of request for
qualifications, even though reference may have been made to an earlier standard. Such
reference is hereby made a part of the Contract Documents the same as if herein repeated
in full and in the event of any conflict between any of these standards and those specified,
the most stringent shall govern unless otherwise stated.
41. 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 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
a 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 resuft of such
rejection.
CRA 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.
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
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 have 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 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 CRA.
Section 01340 contains additional requirements for submittals. Where a conflict exists
between the submittal requirements of the General Terms and Conditions and the
Technical Specifications, the Technical Specifications shall prevail.
42. 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 CRA's Notice to Proceed, 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.
Some shop drawings as either denoted in the Contract Documents or by the Florida
Building Code (Code) or Florida Statute such as structural drawings, require that they be
prepared by a licensed engineer. It is the sole responsibility of the Contractor to ensure
that the Shop Drawings meet all Code requirements.
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Fire Station No. 2 Phase 28 Interior Rehabilitation and Parking Lot ITB No.: 11-009
in addition to all shop drawings required by the Contract Documents the Contractor must
provided shop drawings for; all drainage structures including catch basins, drainage pipe,
ballast rock, and exfiltration trench filter fabric.
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 or reject with comments, Shop
Drawings within fourteen (14) calendar days from the date received. Project Manager's or
Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of
responsibility for the accuracy of such Shop Drawings, nor for the proper fitting and
construction of the Work, nor for the furnishing of materials or Work required by 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 related work.
Shop drawings must be complete in every detail, including location of the Work. Materials,
gauges, methods of fastening and spacing of fastenings, connections with other work,
cutting, fitting, drilling and any and all other necessary information per standard trade
practices or as required for any specific purpose shall be shown.
Where professional calculations and/or certification of performance criteria of materials,
systems, and or equipment are required, the Project Manager and/or Consultant are
entitled to rely upon the accuracy and completeness of such calculations and certifications
submitted by the Contractor. Calculations, when required, shall be submitted in a neat
clear and easy format to follow.
Contractor shall keep one set of Shop Drawings marked with Project Manager's and/or
Consultant's approval at the job site at all times.
43. 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.
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
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.
44. Samples
Contractor shall submit samples to illustrate the functional characteristics of the produot(s).
Submittals shall be coordinated for different categories of interfacing Work. Contractor shall
include identification on each sample and provide full information.
45. Record Set
Contractor shall maintain in a safe place at the Project(s) site(s) 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 ail 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 CRA'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(s) site(s), 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 wail 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 CRA and the Consultant for
reference. Upon completion of the Work and as a condition precedent to Contractor's
entitlement to final payment, the 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.
46. 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 govem.
47. Contractor Furnished Drawings
A Contract Documents may require the Contractor to fumish 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.
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
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 CRA shall not relieve the Contractor from responsibility for errors and
omissions in the drawings.
48. 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 Consultant sufficient information is submitted by
Contractor to allow CRA and Consultant 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 CRA and Architect or 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 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 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 Consultant in evaluating the
proposed substitute. The Consultant may require the Contractor to fumish 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 Consultant, if
the Contractor submits sufficient information to allow the Architect or Engineer of Record to
determine that the substitute proposed is equivalent to that indicated or required by the
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Fire Station No. 2 Phase 2B interior Rehabilitation and Parking Lot iTB No.: 11-009
Contract Documents. The procedures for submission to and review by the Consultant shall
be the same as those provided herein for substitute materials and equipment.
The Consultant shall be allowed a reasonable time within which to evaluate each proposed
substitute. The Consultant and the CRA shall be the sole judges of the acceptability of any
substitute. No substitute shall be ordered, installed or utilized without the CRA's and the
Consultant's prior written acceptance which shall be evidenced by either a Change Order or
an approved submittal. The CRA and the 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 Consultant rejects the proposed substitute, at their discretion, the CRA
may require the Contractor to reimburse the CRA 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.
49. CRA Furnished Drawings
The CRA, at its sole discretion, may fumish construction drawings. It shall be the sole
responsibility of the Contractor to bring to the immediate attention of the Project Manager
and the Consultant 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 CRA 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 CRA
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.
The drawings are to be addressed as a complete set and should not be used in parts.
Contractor is responsible to coordinate the set of drawings with ail trades to ensure that the
Work will be performed correctly and coordinated among the trades. Contractor shall not
scale the drawings.
50. Interpretation of Drawincs 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(s),
should any errors, omissions, conflicts, ambiguities or discrepancies be found in the
drawings and/or specifications, the Project Manager or the Consultant will clarify in writing
the intent of the drawings and/or specifications and the Contractor agrees to abide by the
Project Manager's or Consultants interpretation and perform the Work in accordance with
the decision of the Project Manager or the Consultant. In such event, the Contractor will be
held to have included in its Contract Price the best materials suitable for the purpose and/or
methods of construction.
51. Product and Material Testing
All tests shall be performed by the Contractor, except where otherwise specifically stated in
the Contract Documents. All costs for testing performed by the Contractor shall be at the
Contractor's expense. The CRA may, in its sole and absolute discretion, test materials and
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
products at its own cost. However, should such materials or products fail to pass the test
and/or meet the requirements of the Contract Documents, the Contractor shall reimburse
the CRA for the cost of such tests and repair or replace said materials or products. In such
instances the CRA may deduct such cost from any payments pending to the Contractor.
52. Field Directives
The Project Manager or Consultant may at times issue field directives to the Contractor
based on visits to the Project(s) Site(s). 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
CRA'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.
53. Changes in the Work or Contract Documents
Without invalidating the Contract Documents and without notice to any Surety, CRA
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 the Project(s) 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 CRA.
54. Continuing the Work
Contractor shall carry on the Work and adhere to the progress schedule during all disputes
or disagreements with CRA, 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.
55. Change Orders
Changes in the quantity or character of the Work within the scope of the Project(s) which
are not properly the subject of Field Orders or Supplemental Instructions, including all
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 CRA.
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, CRA
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
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Order approved by CRA, 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 CRA, Change Orders may be issued
unilaterally by CRA.
The CRA 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
and shall promptly and in no event after, begin the performance thereof or incur cost
attributable thereto and give written notice to the Project Manager stating why he deems
such Work (hereinafter "Disputed Work") to be Extra Work. Said notice is for the purposes
of (1) affording an opportunity to the Project Manager to cancel such order, direction or
requirements promptly; (2) affording an opportunity to the Project Manager to keep an
accurate record of materials, labor and other items involved; and (3) affording an
opportunity to the CRA to take such action as it may deem advisable in light of such
disputed Work.
56. 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 CRA 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 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 CRA 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(s). 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
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
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 ten (10%) 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 CRA. 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 CRA 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 CRA
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.
57. 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.
58. Value of Change Order Work
The value of any Work covered by a Change Proposal Request or of any claim for an
increase or decrease in 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 Contract unit price which Contractor and Project
Manager acknowledge contains a component for overhead and profit.
• On the basis of the "cost of Work," determined as provided in this, plus a
Contractor's fee for overhead and profit which is determined as provided in this
Article.
• The term "cost of Work" means the sum of all direct costs necessarily incurred
and paid by Contractor in the proper performance of the Work described in the
Change Order. Except as otherwise may be agreed to in writing by the Project
Manager, such costs shall be in amounts no higher than those prevailing in the
locality of the Project, shall include only the following items and shall not include
any of the costs itemized in herein.
Payroll costs for employees in the direct employ of Contractor in the performance of the
Work described in the Change Proposal Request under schedules of job classifications
agreed upon by Project Manager and Contractor. Payroll costs for employees not
employed full time on the Work covered by the Change Proposal Request shall be
apportioned on the basis of their time spent on the Work. Payroll costs shall include, but
not be limited to, salaries and wages plus the cost of fringe benefits which shall include
social security contributions, unemployment, excise and payroll taxes, workers' or
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 CRA.
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot !TB No.: 11-009
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 CRA deposits
funds with Contractor with which to make payments, in which case the cash discounts shall
accrue to CRA. All trade discounts, rebates and refunds, and all returns from sale of
surplus materials and equipment shall accrue to CRA 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 CRA 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.
If required by the CRA, Contractor shall obtain competitive bids for the Change Order Work.
Contractor and shall deliver such competitive bids to the CRA who will determine which
bids will be accepted. If 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.
The term "cost of the Work" shall include any of the following:
• Cost of special consultants, including, but not limited to, consultants, architects,
testing laboratories, and surveyors employed for services specifically related to
the performance of the Work described in the Change Order.
Supplemental costs including the following:
• The proportion of necessary transportation, travel and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work
except for local travel to and from the site of the Work.
Cost, including transportation and maintenance, of all materials, supplies,
equipment, machinery, appliances, office and temporary facilities at the site and
hand tools not owned by the workmen, which are consumed in the performance
of the Work, and less market value of such items used but not consumed which
remains the property of Contractor.
• Sales, use, or similar taxes related to the Work, and for which Contractor is
liable, imposed by any governmental authority.
• Deposits lost for causes other than Contractor's negligence; royalty payments
and fees for permits and licenses.
• The cost of utilities, fuel and sanitary facilities at the site.
• Receipted minor expenses such as telegrams, long distance telephone calls,
telephone service at the site, expressage and similar petty cash items in
connection with the Work.
• Cost of premiums for additional bonds and insurance required because of
changes in the Work.
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
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
agreed -upon schedule of job classifications., all of which are to be considered
administrative costs covered by Contractor's fee.
Expenses of Contractor's principal and branch offices other than Contractor's
office at the site.
■ Any part of Contractor's capital expenses, including interest on Contractor's
capital employed for the Work and charges against Contractor for delinquent
payments.
Cost of premiums for all Bonds and for all insurance whether or not Contractor is
required by the Contract Documents to purchase and maintain the same, except
for additional bonds and insurance required because of changes in the Work.
Costs due to the negligence or neglect of Contractor, any Subcontractors, or
anyone directly or indirectly employed by any of them or for whose acts any of
them may be liable, including but not limited to, the correction of defective Work,
disposal of materials or equipment wrongly supplied and making good any
damage to property.
® Other overhead or general expense costs of any kind and the cost of any item
not specifically and expressly included in this Article
Contractor's fee allowed to Contractor for overhead and profit shall be determined as
follows:
■ A mutually acceptable fixed fee or if none can be agreed upon,
■ A fee based on the following percentages of the various portions of the cost of
the Work:
■ Where the Contractor self -performs the Work, Contractor's fee shall not exceed
ten percent (10%).
■ Where a sub -contractor 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 CRA 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 in
the Contract Documents, an appropriate Change Order may be issued to adjust the unit
price, if warranted.
• 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."
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59. Extra Work Directive
If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or
extenuating circumstances, the CRA 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 ail 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 the 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:
E 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 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 CRA
such documentation as the CRA 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 itern of Work as a condition precedent to
the inclusion of such payment in a partial estimate. Upon the request of the CRA, the
Contractor shall produce for audit by the CRA, 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 CRA. 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
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Fire Station No. 2 Phase 2B Interior Rehabllftation and Parking Lot ITB No.: 11-009
employees, the Contractor will, subject to the approval of the Project Manager, be paid the
actual cost to Contractor of such Work. Payment of any amount under this Article shall be
subject to subsequent audit and approval, disapproval, modification or revision by
representatives of the CRA.
60. As -Built Drawings
During the Work, Contractor shall maintain records of all deviations from the Drawings and
Specifications as approved by the Project Manager or Consultant and prepare two copies of
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 en -ors and omissions
prior to submittal to the CRA 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.
a 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.
For construction of new building, or building additions, field improvements, and or roadway
improvements as -built drawings signed and sealed by a Florida licensed Registered Land
Surveyor.
In addition, for projects which involve roadwork and drainage, Contractor shall provide
complete as -built information relative to location, size, and depth of new pipes, manholes,
inlets, etc. Identify grading; include locations of fittings, valves, fire hydrants, changing in
pipe materials, water sampling points, thrust blocks, benchmarks, etc. The information shall
be accurately recorded by the Contractor and submitted (signed and sealed by a Florida
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
Certified P.L.S.) to the CRA prior final acceptance of the Work. All recorded information on
existing utility crossing encountered during construction, included but not limited to pipes,
inlets, manholes, etc., shall be recorded by a Florida Registered Surveyor and shown on
the record drawings.
The Project's as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all
new and/or existing vacuum cleaned drainage system openings (Le. catch basins, inlets,
manholes, etc.)
61.. 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 wom. Such removal shall not act as a basis for the Contractor to
submit a claim for an extension of time.
62. Removal of Unsatisfactory Personnel
The CRA 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 CRA
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
CRA shall make the final determination as to the removal of unsatisfactory personnel from
Work assigned by CRA. The Contractor agrees that the removal of any of its employees
does not require the termination or demotion of employee(s).
63. 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 CRA
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
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 CRA will prepare a Certificate of Substantial Completion in the form which shall
establish the Date of Substantial Completion. Once substantial completion is achieved the
CRA 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.
64. Acceptance and Final Payment
Upon receipt of written notice from Contractor that the Work is ready for final inspection and
acceptance, Project Manager and/or Consultant shall, within ten (10) calendar days, make
an inspection thereof. If Project Manager and/or Consultant find the Work acceptable, the
requisite documents have been submitted and the requirements of the Contract Documents
fully satisfied, and all conditions of the permits and regulatory agencies have been met, a
Final Certificate for Payment shall be issued by Project Manager, stating that the
requirements of the 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, CRA
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.
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot iTB No.: 11-009
65. NPDES 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/nodes/. Contractor is responsible for obtaining,
completing and paying for any required NPDES application or permits that may be required.
66. Force Maieure
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 CRA 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 CRA
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.
67. Extension of Time
Any reference in this section to the Contractor shall be deemed to include suppliers, and
permitted Sub -Contractors, whether or not in privities of contract with the Contractor for the
purpose of this article.
If the Contractor is delayed at any time during the progress of the Work beyond the
Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the CRA or by a
Force Majeure, then the Contract Time set forth in the Contract shall be extended by the
CRA 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 CRA 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
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
the granting of such extension and such extension was based on information which,
although later found to have been erroneous, was submitted in good faith by the Contractor.
The request for an Excusable Delay shall be made within ten (10) calendar days after the
time when the Contractor knows or should have known of any cause for which it may claim
an extension of time and shall provide any actual or potential basis for an extension of time,
identifying such causes and describing, as fully as practicable at that time, the nature and
expected duration of the delay and its effect on the completion of that part of the Work
identified in the request. The Project Manager may require the Contractor to furnish such
additional information or documentation, as the Project Manager shalt 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 shalt 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
CRA 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 CRA may deem proper.
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
CRA's rights under the Contract, including but not limited to the assessment of liquidated
damages or declaring Contractor in default.
68. 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 70, Contractor's Damages for Delay hereof, If CRA 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
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limited to, acts or neglect by any separate contractor employed by CRA, fires, floods, labor.
disputes, epidemics, abnormal weather conditions or acts of God.
69. 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 71, Excusable Delays, the Contractor shall not be entitled to a separate
extension for each one of the causes; only one (1) period of extension shall be granted for
the delay.
70. 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 CRA 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 CRA 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 CRA 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 the CRA 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 CRA delay. Time extensions may
be authorized, in writing, by the CRA in certain situations.
71. Excusable Delay, Non-Compensable
Excusable Delay is (1) caused by circumstances beyond the control of Contractor, its
subcontractors, suppliers and vendors, and is also caused by circumstances beyond the
control of the CRA or Consultant, or (ii) is caused jointly or concurrently by Contractor or its
subcontractors, suppliers or vendors and by the CRA 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 68, Notification of Claim, hereof.
Failure of Contractor to comply with Article 68, 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.
72. Lines and Grades
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The Contractor shall, at Its own expense, establish all working and construction lines and
grades as required from the Project control points set by the CRA, and shall be solely
responsible for the accuracy thereof.
All work along the entire project shall be located and constructed using the roadway
base/center line as reference. All elevations shown therein are in feet.
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, CRA 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 CRA 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 CRA, shall promptly correct such defective or nonconforming Work
within the time specified by CRA without cost to CRA, 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 CRA to final acceptance.
74. Acceptance of Defective or Non -Conforming Work
The CRA, in its sole discretion, may elect in writing to accept 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 CRA 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,
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Fire Station No. 2 Phase 2B interior Rehabilitation and Parking Lot ITB No.: 11-009
such uncovering, taking down, replacing and restoration shall be at the expense of the
Contractor. Such expenses shall also include repayment to the CRA 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 CRA'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 riot 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 CRA to proceed to
have such Work done at the Contractor's expense and that the Contractor will pay the cost
thereof upon demand. The CRA 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 CRA 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(s) 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 CRA to do so. The CRA
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
CRA.
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 goveming 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
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Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
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 fumishing 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.
• 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.
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• 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 clay or less duration will generally not be approved for major
collector streets or for arterial streets during the hours of 7am to 9am and 4pm to
6pm weekdays.
78. Location and Damage to Existing Facilities, Equipment or Utilities
As far as possible, all existing utility lines in the Project(s) area(s) will be shown on the
plans. However, CRA 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 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 CRA 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 CRA 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
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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 CRA 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. !n the event the Project Manger or
Consultant determines that the suspension of Work was necessary due to Contractor's
defective or incorrect Work, unsafe Work conditions caused by the Contractor or any other
reason caused by Contractor's fault or omission, the Contractor shall not be entitled to an
extension of time as a result of the issuance of a Stop Work Order.
80. Hurricane Preparedness
During such periods of time as are designated by the United States Weather Bureau as
being a hurricane warning, the Contractor, at no cost to the CRA, 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 CRA 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
compensabie delay,
81. Use of Completed Portions
CRA shall have the right, at its sole option, to take possession of and use any completed or
partially completed portions of the Project(s). Such possession and use shall not be
deemed an acceptance or beneficial use or occupancy of any of the Work not completed in
accordance with the Contract Documents. If such possession and use increases the cost
of or delays the Work, Contractor shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as determined by Project Manager or Consultant.
In the event CRA takes possession of any completed or partially completed portions of the
Project, the following shall occur:
■ CRA shall give notice to Contractor in writing at least thirty (30) calendar days prior
to CRA'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, CRA will assume full responsibility for maintenance, utilities,
subsequent damages of CRA and public, adjustment of insurance coverage's and
start of warranty for the occupied area.
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▪ 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 CRA 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 CRA 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; CRA'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. No fill or clearing stockpiles to remain on site for more
than 24 hours. At the completion of a Project(s), Contractor shall remove all its waste
materials and rubbish from and about the Project(s) 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, CRA 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, CRA 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(s) 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 CRA, shall promptly remove any part or all of Contractor's
equipment and supplies from the property of CRA. If the Contractor does not comply with
CRA's order, the CRA shall have the right to remove such equipment and supplies at the
expense of Contractor.
84. Set -offs, Withholdings, and Deductions
The CRA 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 CRA.
The CRA 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
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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 CRA where required by the
Contract;
• The Contractor has failed in the representation of any warranties stated herein;
• When, in the opinion of the CRA, reasonable grounds for uncertainty exist with
respect to the Contractor's ability to perform the Work, the CRA shall notify the
Contractor in writing that it must, within the time frame set forth in the CRA's
request, provide adequate assurances and a plan of action to the CRA, 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 CRA the
requested assurances within the prescribed time frame, the CRA 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 CRA may, at its sole discretion terminate the Contract for default,
the CRA or its designated representatives may immediately take possession of all
applicable documentation and data.
• Where the CRA 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 CRA determines that the Contractor is in default of their obligations
under the Contract, the CRA may at its sole discretion notify the Contractor, specifying the
basis for such default, and advising the Contractor that such default must be cured within a
specified time frame or the Contract with the CRA may be terminated. The CRA is under
no obligation to issue such notification. The CRA may grant an extension to the cure period
if the CRA deems it appropriate and in the best interest of the CRA, without waiver of any of
the CRA's rights hereunder, The CRA, 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 CRA.
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 CRA, the Director in addition to all remedies
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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
CRA to Contractor while Contractor was in default shall be immediately returned to the
CRA. 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 foliowing:
® 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.
If this Contract is terminated for default and the CRA has satisfied its obligations under the
Contract Documents the CRA is granted by the Contractor full use of the Work and any
Work Product in connection with the CRA's completion and occupancy of the Project.
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 CRA 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 terminationand
immediately remove all labor, equipment and materials (not owned or paid for by the CRA)
from the Work Site. The CRA assumes no liability for the Contractor's failure to remove
such items from the Project(s) site(s) 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 CRA may bring suit or proceedings for specific
performance or for an injunction.
89. Termination for Convenience
In addition to cancellation or termination as otherwise provided for in the Contract, the CRA
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(s) site(s).
The Contractor shall, upon receipt of such notice, unless otherwise directed by the CRA:
▪ Stop all Work on the Project(s) on the date specified in the notice ("the
Effective Date");
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Take such action as may be necessary for the protection and preservation of the
CRA's materials and property;
• Cancel all cancelable orders for materials and equipment;
• Assign to the CRA 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 CRA under the
Contract Documents; and
Take reasonable measures to mitigate the CRA'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 CRA. Failure to timely deliver the
documentation shall be cause to withhold any payments due without recourse by
Contractor until ail documentation is delivered to the CRA.
In the event that the CRA exercises its right to terminate the Contract pursuant to the
Contract Documents, the CRA will pay the Contractor:
For the actual cost or the fair and reasonable value, whichever is less, of (1) the
portion of the Project(s) 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 CRA 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 CRA arising out of the termination including,
Further, the CRA 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
Upon the CRA's payment in full of the amounts due the Contractor under this Article the
Contractor grants the CRA full use of the Work and any Work Product to complete the
Project and subsequently occupy the Project.
90. Resolution of Disputes
Contractor understands and agrees that all disputes between it and the CRA based upon
an alleged violation of the terms of this Agreement by the CRA shall be submitted for
resolution in the following manner.
The initial step shall be for the Contractor.to notify the Project Manager in writing of the
claim or dispute and submit a copy to the CRA personnel identified in Article 4, Notices.
Should the Contractor and the Project Manager fail to resolve the dispute the Contractor
shall submit their dispute in writing, with all supporting documentation, to the Director, as
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identified in Article 4, Notices. Upon receipt of said notification the Director shall review the
issues relative to the claim or dispute and issue a written finding. Should the Contractor and
the Director fair to resolve the dispute the Contractor shall submit their dispute in writing
within five (5) calendar days to the CRA Executive Director. Failure to submit such appeal
of the written finding shall constitute acceptance of the finding by the Contractor. Upon
receipt of said notification the CRA Executive Director shall review the issues relative to the
claim or dispute and issue a written finding. Contractor must submit any further appeal in
writing within five (5) calendar days to the CRA Board of Commissioners. Failure to submit
such appeal of the written finding shall constitute acceptance of the finding by the
Contractor. Appeal to the CRA Board of Commissioners for resolution, is required prior to
Contractor being entitled to seek judicial relief in connection therewith. Should the amount
of compensation hereunder exceed $4,800, the CRA Board's decision shall be approved or
disapproved by the CRA Board of Commissioners. Contractor shall not be entitled to seek
judicial relief unless:
(1) it has first received CRA Executive Director's written decision, approved by the CRA
Board if applicable, or
(ii) a period of sixty (60) days has expired after submitting to the CRA Board's a
detailed statement of the dispute, accompanied by all supporting documentation, or
a period of (90) days has expired where CRA Board's's decision is subject to CRA
Board of Commissioners for approval; or
(i1i) City has waived compliance with the procedure set forth in this Article by written
instrument(s) signed by the CRA Board's.
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 of a Project(s), and/or following the completion of the Project(s),
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. CRA Mav Avail Itself of All Remedies
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The CRA 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 CRA. 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 CRA's rights
and remedies as set forth in the Contract Documents are not exclusive and are in addition
to any other rights and remedies in law or in equity.
93. Permits, Licenses and Impact Fees (Not Applicable)
94. Compliance with Applicable Laws
Ail work shall be constructed in accordance with the latest edition of the City of Miami's
contract documents and specifications, the City of Miami's Standards for Design and
Construction.
The Contractor shall comply with the most recent editions and requirements of ail
applicable laws, regulations, and 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 CRA or 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 CRA or 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 CRA
or City on account of the Contractor's acts, omissions, liabilities or obligations of those of
any person, firm, company, agency association, corporation, or organization engaged by
the Contractor as a subcontractor, expert, consultant, independent contractors, specialist,
trainee, employee, servant or agent or for taxes of any nature, including, but not limited to:
unemployment insurance; worker's compensation and anti -discrimination, or workplace
legislation of any kind. The Contractor hereby agrees to indemnify and hold harmless the
CRA and City against any such liabilities, even if they arise from actions directed or taken
by the CRA or City.
96. Third Party Beneficiaries
Neither Contractor nor CRA 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
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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 CRA. 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 CRA
approval.
Any transference without CRA approval shall be cause for the CRA to nullify this Contract.
Any assignment without the CRA's consent shall be null and void. The Contractor shall
have no recourse from such cancellation. The CRA 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 CRA
Attorney as a condition precedent to considering approval of an assignment.
The Contractor and the CRA 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
CRA 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.
CRA's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of the Contract Documents. A waiver of any
breach of a provision of the Contract Documents shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of the
Contract Documents.
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
conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade
County, Florida. The parties waive any objections to venue.
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 CRA Board, CRA Executive Director or
designee.
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102. Entire Agreement
The Contract Documents, as they may be amended from time to time, represent the entire
and integrated Contract between the CRA 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
CRA, including Titles l and li of the ADA (regarding nondiscrimination on the basis of
disability), and all applicable regulations, guidelines, and standards. In addition, Contractor
shall take affirmative steps to ensure nondiscrimination in employment against disabled
persons.
Contractor's decisions regarding the delivery of services under the Contract Documents
shall be made without regard to or consideration of race, age, religion, color, gender, sexual
orientation, national origin, marital status, physical or mental disability, political affiliation, or
any other factor which cannot be lawfully used as a basis for service delivery.
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 CRA a performance
evaluation report will be completed by the CRA. A copy of each performance evaluation
shall also be forwarded to the Contractor. The performance evaluations will be kept in CRA
files for evaluation on future solicitations.
105. Commodities manufactured, drown, or produced in the City of Miami, Miami -
Dade County and the State of Florida (Not Applicable)
106. Continuation of the Work
Any Work that commences prior to and will extend beyond the expiration date of the current
contract period shall, unless terminated by mutual written agreement between the CRA and
the involved contractor, continue until completion at the same prices, terms and conditions.
107. Review of Records
CRA shall have the right to inspect and copy, at CRA's expense, the books and records
and accounts of Contractor which relate in any way to the Project(s), 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(s) 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.
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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 CRA all such books and records and accounts, financial ar otherwise, which
relate to the Project(s) and to any claim for a period of five (5) years following Final
Completion of the Project(s).
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 CRA for the
administration and management of the Contract Documents.
108. No interest
Any monies not paid by CRA when claimed to be due to Contractor under the Contract
Documents, including, but not limited to, any and all claims for damages of any type, shall
not be subject to interest including, but not limited to prejudgment interest. However, the
provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest,
shall apply to valid and proper invoices.
109. Payments Related to Guaranteed Obligations
The CRA may withhold from any payments to be made such sums as may reasonably be
necessary to ensure completion of the Project(s) with respect to defective Work, equipment
or materials which may be identified by the Project Manager.
The CRA 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 CRA will pay the Contractor any monies owed, subject to Contractor's submission of, or
compliance with, any remaining documentation or obligation, as the case may be, in
accordance with the Contract Documents.
110. Consent of CRA Required for Subletting or Assignment
If the Contractor assigns, transfers, sublets or otherwise disposes of the Contract ar its
right, title or interest in or to the same or any part thereof without the previous consent in
writing of the CRA, such action shall be an Event of Default. Nothing herein shall either
restrict the right of the Contractor to assign monies due to, or to become due or be
construed to hinder, prevent or affect any assignment by the Contractor for the benefit of its
creditors, made pursuant to applicable law.
111 Agreement Limiting Time in Which to Bring Action Against the CRA
In the event the Contractor may be deemed to have a cause of action against the CRA, no
action shall lie or be maintained by the Contractor against the CRA upon any claim arising
out of or based upon the Contract Documents by reason of any act or omission or
requirement of the CRA 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
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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 CRA.
112. Defense of Claims
Should any claim be made or any legal action brought in any way relating hereto or to the
Work hereunder, except as expressly provided herein, the Contractor shall diligently render
to the CRA, after additional compensation is mutually agreed upon, any and all assistance
which the CRA may require of the Contractor.
113. Contingency Clause
Funding for this Contract is contingent on the availability of funds and continued
authorization for program activities and the Contract is subject to amendment or termination
due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days
notice.
114. Mutual Obligations
This document, 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 CRA, may at its expense, elect to participate in the defense of the claim if
the CRA should so choose. Furthermore, the CRA may, at its own expense, defend or
settle any such claim if the Contractor fails to diligently defend such claim, and thereafter
seek indemnity for such cost from the Contractor.
115. Contract Extension
The CRA 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 CRA will notify the
Contractors in writing of such extensions.
116. Non -Exclusivity
It is the intent of the CRA to enter into a Contract with all successful Bidders that will satisfy
Its needs as described herein. However, the CRA 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.
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1'
117. 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 CRA 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(s). All things not expressly mentioned in the Contract Documents, but necessary to
carrying out its intent are required by the Contract Documents, and the Contractor shall
perform the same as though they were specifically mentioned, described and delineated.
The Contractor shall furnish all labor, materials, tools, supplies and other items required for
the completion of the Contract All Work shall be accomplished at the direction of and to
the satisfaction of the Project Manager.
118. Contract Documents Contains all Terms
The Contract Documents and all documents incorporated herein by reference contain all
the terms and conditions agreed upon by the parties hereto, and no other agreement, oral
or otherwise, regarding the subject matter of the Contract Documents shall be deemed to
exist or to bind any of the parties hereto, or to vary any of the terms contained herein.
119. Applicable Law and Venue of Litigation
This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade
County, Florida.
120. Survival
The parties acknowledge that any of the obligations in the Contract Documents will survive
the term, termination and cancellation hereof. Accordingly, the respective obligations of the
Contractor and the CRA 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 & Hours
Contractor shall have 150 calendar days to achieve Substantial Completion from the date of
the Notice to Proceed is issued. Contractor shall have an additional 30 calendar days for
Final Completion of the Contract.
Work shall be performed in accordance with Code (Ord No. 12959) of the City of Miami.
The work hours for this project are 8:00 a.m. — 6:00 p.m. Monday — Friday. Any Work to be
performed outside of these times must be requested in writing to the Project Manager 48
hours prior to the requested change. The Project Manager will notify the Contractor in
writing of any changes in approved Work hours.
2. Progress Payments
Contractor may make application for payment for Work completed during the Project(s) at
intervals of not more than once a month or upon completion and Final Acceptance of the
Work. Bidders will be paid based on the line item breakdown, contained in the Bid Form,
with payments based on actual Work performed. All applications shall be submitted in
triplicate and the Contractor shall only use a certified AIA Document G702-1992,
Application and Certificate for Payment and shall include supporting documentation. 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. CRA shall make payment to
Contractor within thirty (30) days after approval of Contractor's application for payment.
Ten percent (10%) of all monies eamed by Contractor shall be retained by CRA until Final
Acceptance by the CRA. Any interest eamed on retainage shall accrue to the benefit of
CRA. All requests for retainage reduction shall be in writing in a separate stand alone
document.
CRA 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 CRA 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 CRA and/or Consultant for extended
construction administration.
Failure of Contractor to provide any and all documents required by the Contract
Documents.
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In instances where multiple Project are awarded the 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 CRA 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
CRA.
Contractor may be paid for materials or equipment purchased and stored at the Project(s)
Site(s). Where a payment request is made for materials or equipment not incorporated in
the Project(s), but delivered and suitably stored at the site, 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 CRA's title to such materials or equipment, or otherwise
protect the CRA's interest, including applicable insurance in the name of CRA.
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
CRA liquidated damages as follows. In the event of a delay in completion beyond the
timeframe set forth in the Contract Documents for Substantial Completion the Contractor
shall pay to the CRA for each and every calendar day of unexcused delay, the sum of One
Thousand one hundred and forty eight dollars ($1,148.00) per calendar day, which is
hereby agreed upon not as a penalty but as liquidated damages. In the event of a delay in
completion beyond the timeframe set forth in the Contract Documents for Final Completion
the Contractor shall pay to the CRA for each and every calendar day of unexcused delay,
the additional sum of Five Hundred Seventy Four dollars ($574.00) per calendar day, which
is hereby agreed upon not as a penalty but as liquidated damages. The Contractor will be
notified of any approved exceptions or extensions. The total amount of liquidated damages
shall not exceed the value of the applicable Contract Documents. Grantee and the CRA
hereby agree, stipulate, and determine that the Non -completion Reimbursement shall be
immediately due and payable to the CRA. Grantee and the CRA hereby agree that the
CRA's actual damages of such delay in the completion date are difficult, if not impossible,
to ascertain and that the Non -completion Reimbursement amount represents a liquidated
sum of damages for the delay, agreed upon by Grantee and the CRA, as a fair and
reasonable estimate and measure of damages that the CRA would be expected to incur in
the event of such delay, and not as a penalty.
The CRA 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 CRA. In case the amount, which may become due hereunder, shall
be less than the amount of liquidated damages due the CRA, the Contractor shall pay the
difference upon demand by the CRA. Should the Contractor fail to compensate the CRA
for any liquidated damages, the CRA shall consider this as a form of indebtedness and may
deny any future Work under the Contract or any other CRA contract until such
indebtedness is paid in full to the CRA.
The CRA shall notify the Contractor that it is incurring liquidated damages.
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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 to Proceed. The Schedule of
Values shall indicate a complete breakdown of labor and material of all categories of Work
on the Project. Contractor's overhead and profit should be as separate line items. Each
Tine 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 the Schedules of
Values shall not exceed b% of the value of the Contract.
5. Project 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 to
Proceed 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. Failure
to submit such schedules shall result in the rejection of any submitted payment
application.
6 All Project Schedules shall be prepared in Microsoft Project 2003 or later 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 CRA'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(s) or not, will
pass to the CRA 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(s), 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 CRA may, in its sole
discretion withhold payments for Work performed by Subcontractor where no release of lien
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has been submitted. The Contractor shall submit with the final payment request, for any
Project(s) 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 CRA 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.
Contractor must use CRA Release of Lien, Affidavit and Consent of Surety forms or the
Application for Payment will be rejected.
7, Progress Meetings
The CRA 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 bi-weekly 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 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. The Contractor shall prepare and distribute to Project Manager
and the Consultant an updated two -week look -ahead schedule of construction activities and
submittals.
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 Consultant and CRA's
Project Manager shall respond in writing.
9. Proiect Site Facilities
The Contractor shall arrange for ail Project(s) site facilities as maybe necessary to enable
the Project Manager or Consultant to perform their respective duties and to accommodate
any representatives of the CRA which the CRA may choose to have present at the
Project(s).
Contractor's, Sub -Contractor's, supplier's, materialperson's personnel shall not use the
CRA restrooms that may be available at the Project(s) site without the prior consent of the
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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 CRA or the public.
The location of the temporary facilities shall be subject to the approval of the Project
Manager or Consultant.
Contractor is required to provide any necessary temporary utilities to the site, such as
electric, water, and sanitary services to the site for new construction or additions to a
facility. The Project Manager may authorize the use of existing utilities. Such decision will
be made at the sole discretion of the Project Manager and the CRA.
The Contractor shall be required to obtain all necessary permits required for any Project(s)
site facilities. Contractor shall also be responsible to maintain such facilities in a safe and
working condition.
All such facilities remain the property of the Contractor and the Contractor shall be
responsible for removal and disposal of such facilities prior to Final Acceptance.
10. Inspection of Work
Contractor shall notify the Project Manager and Consultant at least 48 hours prior to
commencing Work on the following:
• Storm Drain
• Subgrade — submit and have approved desities prior to placement of rock
• Limerock Base — submit and have approved desities and as-builts prior to
placement of any asphalt
11. Temporary Facilities, Utilities, and Construction
Contractor is required to provide any necessary temporary utilities to the site, such as
electric, water, and sanitary services to the site for new construction or additions to a
facility, or those that are necessary for the performance of the Work. Contractor shall make
all arrangements with the local utility companies. The Contractor shall also be responsible
for furnishing all materials and equipment necessary for the installation and maintenance of
any temporary utilities. The Project Manager may authorize the use of existing utilities.
Such decision will be made at the sole discretion of the Project Manager and the CRA.
Contractor shall fumish, install and maintain temporary facilities required for construction, and
shall remove them upon completion of the Work. All facilities shall comply with the respective
federal, state and local codes and regulations and with utility company requirements.
Materials for temporary facilities may be new or used, but must be adequate in capacity for
the required usage, must not create unsafe conditions, and must not violate requirements of
applicable codes and standards. The Contractor must pay for all utility costs associated with
new lines, new hook ups, new utility accounts, and so forth which were necessitated by the
Project itself. Contractor shall pay all changes, fees, costs, or other impositions for utilities,
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including, without limitation, electric, water, sewer, telecommunications and other utilities of
whatever nature arising from the Project or the Work as herein defined.
The Contractor shall be required to obtain all necessary permits required for any Project(s)
site facilities and utilities. Contractor shall also be responsible to maintain such facilities in
a safe and working condition. Contractor shall be responsible for payment for all fees and
charges for the installation and use of all temporary facilities and utilities,
All such facilities and utilities remain the property of the Contractor and the Contractor shall
be responsible for removal and disposal of such facilities prior to Final Acceptance.
Temporary fences: If, during the course of the Work, it is necessary to remove or disturb
any fencing, the Contractor shall, at his own expense, provide a suitable temporary fence
which shall be maintained until the permanent fence is replaced. The Project Manager will
be solely responsible for the determination of the necessity for providing a temporary fence
and the type of temporary fence to be used.
Responsibility for Temporary Structures: In accepting this Contract, the Contractor assumes
full responsibility for the sufficiency and safety of all temporary structures or work and for
any damage which may result from their failure or their improper construction, maintenance
or operation and will indemnify and save harmless the CRA and the City from all claims,
suits or actions and damages or costs of every description arising by reason of failure to
comply with the above provisions.
12. Field Layout of the Work and Record Drawings for Drainage Projects (not
applicable)
13. Survey Work for Drainage Protects (Not Applicable)
14. 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(s) site. The CRA 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.
15. Construction Signage
The Contractor shall provide construction signage as follows:
The CRA shall provide the Contractor the wording, layout and size for the signs at
the pre -construction conference. The Contractor shall pay for, furnish and install the
two CRA signs at the Project(s) Site(s).
• 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 CRA shall approve the locations for all signage.
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(TB No.: 11-009
16. Construction Photographs
Contractor shall submit with each application for payment photographs that accurately
reflect the progress of the work. Contractor shall submit once copy of each photograph in
print and digitally. The photographs shall be printed on 8"X10" high resolution glossy single
weight color print paper. Each photograph will also reflect the date and time the picture
was taken. Aerial photographs will be taken on a bi-monthly basis.
17 CRA Furnished Property
Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc,
when directed to by the Project Manager or Consultant and shall reinstall or provide to the
CRA as directed.
77
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITS No.: 11-009
BID FORM (Page t of 8)
SECTION 4
BID FORM
Submitted: December 16th. 2011
Date
Omni Redevelopment District Community Redevelopment Agency, (CRA)
49 Northwest Fifth Street, Suite 100
Miami, Florida 33128
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 CRA, a public agency and body
corporate created pursuant to Florida Statute Chapter 163, pursuant to the terms and conditions of
the Contract Documents and to furnish all necessary materials, equipment, machinery, tools,
apparatus, means of transportation, all permit fees and all labor necessary to construct and
complete within the time limits specified the Work covered by the Contract Documents for the
Project(s) entitled:
Bid No: 11-009
Title: Fire Station No. 2 Phase 2B interior Rehabilitation and Parking Lot
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative
form of security, if permitted by the CRA and the City of Miami, each for not less than the total CRA
price plus altemates, if any, and to furnish the required Certificate(s) of Insurance.
The undersigned further agrees that the CRA guaranty accompanying the CRA shall be forfeited if
Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and
Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar
days after being notified of the award of the Contract.
In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be
corrected by the CRA. Where there is a discrepancy between the numerical and written Bid
Amount, the written Bid Amount will prevail,
78
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
BID FORM (Page 2 of 8)
Note: Bidders are bidding on a summation of Bid Items 1 and 2 for the purpose of
determining the lowest responsive and responsible bidder. Form SU must be
submitted with vour bid. The SU Form can be found posted on the CRA webpage
with the bid documents.
Failure to submit the SU Form may result in the Bid being determined to be non-
responsive.
Our LUMP SUM BID includes the total cost for the Work specified in this solicitation,
consisting of furnishing all materials, labor, equipment, supervision, transportation,
mobilization, overhead & profit required, in accordance with the Bid Specifications.
Lump Sum (Interior Rehabilitation Ph-213): $ - 2-0 t a / 0 - DO
(Lump Sum Bid Item #1)
Lump Sum (Parking Lot): $ V 3.51 000 013
(Lump Sum Bid Item #2)
Total Lump Sum Bid Amount $ �'� t 0 ` 00
(Addition of Bid Item No's 1 + 2) (Bid -fatal)
Total Lump Sum Written Bid Amount
BID FORM (Page 3 of 8)
Part I: DIRECTIONS: COMPLETE PART OR PART I1, WHICHEVER APPLIES, AND PARTS Ili
AND IV (If applicable)
Part L: Listed below are the dates of issue for each Addendum received in connection with
this Bid:
Addendum No. 1, Dated Received 11-23-11
Addendum No, 2, Dated Received 12-09-11
Addendum No. 3, Dated Received 12 -12 -11
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. Drua Free Workplace
The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the Bidder's
workplace, and specifying the actions that will be taken against employees for violations of
such prohibition;
(2) Establishing a continuing drug -free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug -free workplace;
(ili) 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;
80
Are Station No. 2 Phase 28 Interior Rehabilitation and Parking Lot ITB No.: 11-009
BID NO.: 11-009
FIRE STATION NO. 2 PHASE 2B INTERIOR REHABILITATION AND
PARIKENG LOT
Due Date: December 12th, 2011
Due Time: 2:00 P.M.
Addenda #1
Pieter A. Bockweg, CRA Executive Director
ISSUED BY
City of Miami Community Redevelopment Agency
49 NW 5th Street, Suite 100
Miami, Florida 33128
CONTACT
Phone: 305-679-6800
Fax: 305-679-6835
Attention: Mark Spanioli, P.E.
Director of Engineering and Construction
Email: mspan®miamigov.com
BID NO.: 11-009
FIRE STATION NO. 2 PHASE 2B INTERIOR REHABILITATION AND
PARKING LOT
New Bid Submission Date: Deeelu e ° 2O11
The Time: 2:00 P.M.
AddentD 2
Pieter A. Bockweg, ORA Executive Director
ISSUED BY
City of Miami Community Redevelopment Agency
49 NW 5th Street, Suite 100
Miami, Florida 33128
CONTACT
Phone: 305-679-6800
Fax: 305-679-6835
Attention: Mark Spanioli, F.E.
Director of Engineering and Construction
Email: mspan@aniamigov.com
miamigov.com
6
BID NO.: 11-009
FIRE STATION NO. 2 PHASE 2B INTERIOR REHABILITATION AND
PARILNG LOT
New Bid Stub rnis io te: Dee e ber 16
Due Time: 2:00 P.M.
Addend 3
Dece i r ber th 20 .1
Pieter A. Boekweg, CRA Executive Director
ISSUED BY
City of Miami Community Redevelopment Agency
49 NW 5th Street, Suite 100
Miami, Florida 33128
CONTACT
Phone: 305-679-6800
Fax: 305-679-6835
Attention: Mark Spanioli, P.E.
Director of Engineering and Construction
Email: mspan@miamigov.com
SOC
BID FORM (Page 4 of 8)
(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 CRA 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:
(1) Taking appropriate personnel action against such employee, up to and including
termination; or
(it) 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
2. Lobbying
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) This undersigned shall require that the language of this certification be included in the
award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall
certify and disclose accordingly.
81
Fire Station No. 2 Phase 28 interior Rehabilitation and Parking Lot ITB No.: 11-009
BID FORM (Page 5 of 8)
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).
3. 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 CRA 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,
82
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.; 11-009
BID FORM (Page 6 of 8)
The Bidder further identifies the costs and methods summarized below:
Quantity Unit
Description Unit Price Price Extended Method
Utility Trench L.F. 100 $ 15.00 $ 1,500.00 Sloping
Total $ 1, 500.00
Attached is a Bid Bond [X], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [
], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ] or Certified Check [ ] No.
Bank of Bid Bond - 5 % for the sum of
Bid Bond - ' 5 % 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,
ti
Firm's Name:
Signature:
ter Construction Group, Inc.
Printed Name/Title Ulysses Vazquez - President
City/State/Zip: 1510 N.W. 7 9th . Avenue Miami, Florida 33126
(305) 463-7700
Telephone No.:
Facsimile No.: (3 05) 463 - 7D58 E-Mail Address:
uv@edgewatercg.com
Social Security
No. or Federal 65-0897462 Dun and
I.D.No.: Bradstreet No.:
(if applicable)
If a partnership, names and addresses of partners:
N/A
83
(TB No.: 11-0t79
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot
BID FORM (Page 7 of 8)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
Edgewater Construct ion Group , a corporation organized and existing under the laws of
the State of Florida , held on the 9 day of December, 2011, a resolution was duly passed
and adopted authorizing (Name) Ulysses 'Vazquez as (Title) president 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. 1 further certify that
said resolution revs.=j -t in full f• • effe
IN WIT
Secretary:
Print:
eunto set my hand this 9 day of December 20 11
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
i HEREBY CERTIFY that at a meeting of the Board of Directors of
Not Applicable , 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.
1 further certify that said partnership agreement remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Partner: N / A
Print:
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 documents on behalf of the joint venture. If there is no joint venture agreement each member of
the joint venture must sign the Bid and submit the appropriate Certificate of Authority (corporate, partnership,
or individual).
CERTIFICATE OF AUTHORITY
OF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name) Not Applicable , 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, 1 have hereunto set my hand this , day of , 20
Signed: N / A
Print:
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITS No.; 11-009
BID FORM (Page 8 of 8)
NOTARIZATION
STATE OF Florida
Dade ) SS:
COUNTY OF
The foregoing instrument was acknowledged before me this 9th- day of December
20 11 by Dulce Vazquez who is personally known to me or who has produced
Personally
SI�NATUiRNOTTRY PUpuc NOTARY PUBLIC -STATE OF FLORA A
STATE OLORIDA Gigy G. Rodriguez
Commission #DD823209
Expires: SEP. 27, 2012
MORD TID.iU ATLANTIC BONDING Ca,INC.
as identification and who (did / did not) take an oath.
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
85
Fire Station No. 2 Phase 2B interior Rehabilitation and Parking Lot (TB No.: 11-009
Section 5- Attachments
BID BOND FORM _ (Page 1 of 3)
State of Florida )
County of Dade ) SS
• Omni Redevelopment District Community Redevelopment Agency (CRA))'
Edgewater Construction
KNOWN ALL PERSONS BY THESE PRESENTS, that Group, Inc.
as
Principal America Safety Casualty insurance Company as Surety,
are held and firmly bound unto The CRA of Miami, in the penal sum of Five Percent of Amount Bid
Dollars ($ 5% of Amount Bid ) lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has
December 12
submitted the accompanying Bid, dated , 20 11 . for:
Fire Station No. 2 Phase 2B Interior Rehabilitation ITB 11-009
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 CRA, 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 CRA the difference between the amount specified in said Bid and the amount for
which the CRA 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 forte and virtue.
86
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot
ITB No.:11-009
BID BOND FORM (Page 2 of 3)
IN WITNESS WHEREOF, the above bound parties have executed this instrument under
their several seals, this 12th day of December A. D.,20 11 ,
the name and corporate seat of each
►P party being heretoaffixed and fihese 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.)
As per attached power of attorney
PRINCIPAL:
Edgewater Construction Group, Inc.
M(Name of Firm)
(Sit 1:.r.0 bfia harked officer)
pri(s.
(Title)
1510N.W. 79th Avenue
Affix
Seal
(Business Address)
Miami, Florida 33126
City State Zip
Surety:
Amercian Safety Casualty Insurance Company
(Corporate Surety)
Affix
Seal
)&t,
Surety Secretary (Signature of Authorized Officer)
Warren M. Alter, Attorney -in -Fact
(Title)
100 Galleria Parkway, S.E. Suite 700
(Business Address)
Atlanta, GA 30339
City
State Zip
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking 87
Lot !TB No.: 11-009
BID BOND FORM (Page 3 of 3)
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, 2,n
the Corporation named as Principal in
s.Q.w..orcec`, f,a s. s ��am•c' ton" of said corpo
signature hereto is genuine; and that said bond
behalf of said corporation by authority of its gov
STATE OF FLORIDA )
COUNTY OF DADE ) SS
Omni Redevelopment District Community Redevelopment Agency )
, certify that I am the Secretary of
he within bond; that
know his signature, and the
aled and attested for and in
rate Seal)
Before me, a Notary Public duly commissioned, and qualified, personally
appeared Warren M. Alter to me well known; who being by me first duly
sworn upon oath,says that he/she is the attomey-in-fact, for the
American Safety Casualty Insurance Companyand that he/she has been authorized by
them to execute the foregoing bond on behalf of the Contractor named
therein in favor of The CRA of Miami, Florida.
Subscribed and swum to before me this
INSTRUCTIONS: Bid Bonds
must be accompanied by
a Power of Attorney, in
compliance with
Instructions to Bidders
12th
December
day of A. D., 201i .
Notary Public, State of at Large
88
Fire Station No, 2 Phase 2B Interior Rehabilitation and Parldng Lot
My Commission Expires:
P, DAWN AUSPITZ
l+: MY COMMISSION # CD940145
:; EXPIRES November ' 2013
(4DT139&4153 FlortdaNalary8ervice.corn
ITB No.:11-009
ilorqur.AN.,sf
POWER OF ATTORNEY
NUMBER
ASB=532543
K*OWALL *EN BY'tFESE PRESENTS„ that American Safety Cesualt* insurance-ompanyhas made, constituted art appaint t, and by tee
preterits dues make, constitute and appdints WARREN M. ALTER, DAVID T. SATINE OF MIAMI LAKES, FL
its true awl lawful ette -t eat, fer it and Its name, piece, and stead to execute an. behalf csf the said Company, as .surety, mitts, undertaking and
coerce* of suretyship $ be given to
ALL OBLIGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
'""FOUR MIU.ION***( 00,00k.Oo) DcLLA►RSt*"
'This Power of Attorney is granted and is signed and sealed by f es. irnile under and by the authority tsf the following Resolution adopted by the Board of
Directors of the Company of the 6ff' day of August, 2009.
RESOLVEL1, that the Pr dent in conjunction with the Secretary or any Assistant Secretary may appoint attorneys.ia-act or agents with authority as
defined ar tinted in the instr t ea $enelag the appeintreent.in each ease, for and emaciate of the Company, to faeente end dells and aftlzthe
seal of -the Company to bands, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may reinove any such attomey-in-
fact or agent and revoke any power of attorney previously granted to such persons.
RESOLVED FURTHER, thatany bad, uadeetaktng, recognizance, or suretyship obifgation shall be valid and bindinpoor ae• aray when:
wires sired by the President or any Vice -President and•attested• and sealed Of a seal is reqrdredj by any Secretary or Assistant Secretary or Pi)
when signed by the President or any Vice -President or Secretary or Assistant Secretary, and counter -signed and seated Of a seat is required) by a duly
authorized attorney -in -fact or agent; or (11) when duly executed. and sealed (if a seal is required) by one or more attorney in -fact or agents pursuant to
and **thin the.limits of the author*, weed by the poWerefattenseY issued by the Company to sucA person or prates,
I SOtVED:FURTHER, that the signature of any authorized critter and the seal of the Company may be affixed by facsimile to any power of attorney
or certification thereof authorizing the execution and delivery, of any bond, undertaking, recognizance, or other suretyshfp•obligations of the Company;
and sucheignature aid seal wbea so used shall have the same force an i effects as thoush manually affixed.. - • .
let WeiREES WHEREOF, Amedean eabty CasualtYlneriranereCOmpany.bas caused its official seal *be hereunto affixed, and these presents tee
signed by its President and attested by its Secretary this 6"' day of August, 2009
M : le-
rt
t3 fir; �"3+
! rjry
COM** 9itioy of August, 209,•bafore me, personally earns' h 9. •two, Jr., to me kneWn,.whe; being by me tiro sw�, did depsee and saylbat
he is the President of American Safety Casualty Insurance Company, the corporation described in and which executed the above instrument; that he
knows the seal of the said corporation; that the seat affixed to the said instrument is such corporate seal; that is was sa affixed by order of the Board of
Drape of said corporation and tat he steed his name theretety.fike miler.
11•4 j x 1 _
00,1
Ambui ,lain
STMECif GEORGIA )
COUNTY OF COBB ,)
MalleAlLE'Y
KnI4,
PA IGa met cif,• 13L3A
� 2142
t, the undersigned, Secretary of American Safety Casualty. Insurance -Company, an Oklahoma corporation, DO HERESY CERTIFY, that the foregoing
and atteelled Power of Attorney remains In.ft#II force and has not bean revoked; and furthermore it t. f`ilesolutio gthP Do@ l•,gf Praetors, set fs�r
in the'said Power of Attorney, is raw its forme, .
Signed and sealed in the City of Atlanta, in the State of Georgia, ,-t ? �"';'t7 Dated this12t say of December 2011
'Ydr
"tsar
w etto4cs'G nus Pipit oIr &'n °, PHt TFa're RED NUMB
DIIPLiCATES SHALL FIORTEE SAME FORCE'AND°kbr1SCT AS:AN ORIGTh L ONLY WT f7ISSUED EN ¢ONIUNGTrON 3'VTTFT THE ORIGINM. `:• `•
Amtiraj Jain
SUPPLEMENT TO BID FORM:
QUESTIONNAIRE
This Completed Form Must Be Submitted With The Bid, The CRA May, At Its Sole
Discretion, Require That The Bidder Submit Additional information Not Included In The
Submitted Form. Such Information Must Be Submitted Within Seven (7) Calendar Days Of
The CRA's Request Failure To Submit The Form Or Additional Information Upon
Request By The CRA Shall Result In The Rejection Of The Bid As Non -Responsive.
Additional Pages May Be Used Following The Same Format And Numbering.
By submitting its Bid the Bidder certifies the truth and accuracy of all information contained
herein.
A. Business Information
1. How many years has your company been in business under its current name and
ownership? 12 years
a. Professional Licenses/Certifications (include name and number)* Issuance Date
State of Florida CGC061289 08/25/10
("include active certifications of small or disadvantage business & name of certifying entity)
b. Date company licensed by Dept. Of Professional Regulation: 08/25/10
c. Qualified Business License: ❑ Yes L21 No if Yes, Date Issued:
c. What is your primary business? General Contractor
(This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.)
d. Name of Qualifier, license number, and relationship to company:
Ulysses Vazquez - CGC 061285 - President
e. Names of previous Qualifiers during the past five (5) years including, license
numbers, relationship to company and years as qualifier for the company
Not Applicable
2. Name and Licenses of any prior companies:
Name of Company License No. Issuance Date
Not Applicable
89
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.; 11-009
3. Type of Company:
❑ Corporation ®"S" Corporation 0 LLC 0 Sole Proprietorship❑Other:
(Corporations will be required to provide a copy of their corporate resolution prior to executing a contract)
4. Company Ownership
a. Identify all owners of the company
Name Title
Ulysses Vazquez
% of ownership
President 49%
Dulce Vazquez
Vice President 51%
b Is any owner identified above an owner in another company? re Yes ❑ No
If yes, identify the name of the owner, other company names, and % ownership
Edgewater Development Inc. - Edgewater 461 LLC
Edgewater 1510 LLC.
c. Identify all individuals authorized to sign for the company, indicating the level of their
authority ( check applicable boxes and for other provide specific levels of authority)
Name Title Signatory Authority
All Cost No -Cost Other
Ulysses Vazquez President ® ❑ ❑ 0
Dulce Vazquez Vice -President
Explanation for Other: Not Applicable
® ❑ ❑ 0
❑ ❑ ❑ 0
❑ ❑ ❑ 0
(Note: 'All' refers to any type of document including but not limited to contracts, amendment, change
proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cosy' refers to CPRs,
COs, No -cost refers to RFIs, Notices, and other similar documents)
5. Employee Information
Total No. of Employees: 26 Number of Managerial/Admin. Employees:
6
90
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
Number of Trades Personnel and total number per classification:
(Apprentices must be listed separately for each classification)
Carpenters 15
6. Has any owner or employee of the company ever been convicted of a federal offense or
moral turpitude: If yes, please explain:
No
7, Insurance & Bond Information
a. Insurance Carrier name & address: Crum & Forster Indemnity,
Philadelphia Ins. Co. - Bridgefield Employers Ins. Co.
b. Insurance Contact Name, telephone, &e-mail: Michael Nielson (305)
822-7800 mnielson@caffilc.com
c. Insurance Experience Modification Rating (EMR): 1.37
(if no EMR rating please explain why)
d. Number of Insurance Claims paid out in last 5 years & value: See ,cta�eQ
e. Bond Carrier name & address: American Safety Casualty Insurance
Company
f. Bond Carrier Contact Name, telephone, & e-mail; Warren Alter (305)
517-3803 warren@altersurety.com
g. Number of Bond Claims paid out in last 5 years & value: None
8. Have any claims lawsuits been file against your company in the past 5 years, If yes,
identify all where your company has either settle or an adverse judgment has been
issued against your company. Identify the year basis for the claim or judgment &
settlement unless the value of the settlement is covered by a written confidentiality
agreement.
91
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
WORKERS COMPENSATION EXPERIENCE RATING
Risk Name: EDGEWATER CONSTRUCTION GROUP Risk ID: 091231417
Rating Effective Date: 03/02/2009 Production Date: 11/04/2008 State: FLORIDA
State
Wt
SRP
Exp Excess
Looses
Expected
Losses
Exp Prtm
Losses
Act Exc Losses Ballast
Act Inc Losses
Act Prim
L085011
F1.
.11
0 _
43,279 54,019
10,740
3,695 21,600_ 25,898
22,203
(A)
Wt
(B)
(C) Exp Excess
Losses (D • E)
(D) Expected
Losses
(E) Exp Palm
Losses
(P) Act Exc
Losses (H - I)
(G) Ballast
(H) Act Inc
Losses
(1) Act Prim
Losses
.11
43,279
54,019
10,740
3,695
21,600
25,898
22,203
Primary Losses
Stabilizing Value
Ratable Excess
Totals
(1)
C * (1 -A) + G
(A) " (F)
(J)
Actual
22,203
60,118
406
82,727
(E)
C*(1-A)+G
(A)*(C)
(K)
Expected
10,740
60,118
4,761
75,619
ARAP
FLARAP
SARAP
MAARAP
Exp Mod
(J)1(K)
Factors
1.08
1.08
1.00 *SPECIAL
RATING REFLECTS A DECREASE OF 70% MEDICAL ONLY PRIMARY AND EXCESS LOSS
DOLLARS WHERE ERA IS APPLIED.
"**" REVISED RATING "***
RATING REVISED TO REFLECT APPROVED RATING VALUES
9A
Copyright 1993 2011, All rights reeerved. Thta to:oedema modfication faetoria comprised of compilations and InfonnaUon which era the proprietary and exclusive property of the National
Council on Compensation Insurance, Inc. (NCCI). No further use, dissemination, sale, transfer, assignment ordlapositlon of this experience rating modification factor crony part thereof
maybe used without Bra written consent of NCCI. NCCI makes no representation or warranty, expressed or Implied, as to any matter whatsoever Including but not limited to the accuracy of
any information, product or service furnished hereunder and, as to NCCI, recipient of this experience rating modification factor subscribes to end utilizes the Information service 'as is%
Page 1 of 2
WORKERS COMPENSATION EXPERIENCE RATING
Risk Name: EDGEWATER CONSTRUCTION GROUP
Risk ID: 091231417
Rating Effective Date: 03/02/2009 Production Date: 11/04/2008 State: FLORIDA
09-FLORIDA
Carrier: 31287
Firm ID: Firm Name: EDGEWATER CONSTRUCTION GROUP
Policy No. 83028739 Eff Date: 03/04/2005 Exp Date: 03/04/2006
Code
ELR
D-
Ratio
Payroll
Expected
Losses
Exp Prim
Losses
Claim Data
IJ
OF
Act Inc
Losses
Act Prim
Losses
5102
2.89
.20
411,806
11,901
2,380
NO. 4
6
"
2,171
2,171
5606
.73
.18
147,384
1,076
194
8742
.18
.19
80,773
145
28
8810
.12
.21
47,464
57
12
9765
WORKPLACE SAFETY C
-263
-52
Policy Total: 887,427
Subject
Premium: 82,470
Total Act Inc
Losses: 2,171
09-FLORIDA
Carrier: 31267
Firm ID: Firm Name: EDGEWATER CONSTRUCTION GROUP
Policy No. 83028739 EffDate: 03/04/2008 Exp Date: 03/04/2007
Code
ELR
D.
Ratio
Payroll
Expected
Lasses
Exp Prim
Losses
Claim Data
U
OF
Act Inc
Losses
Act Prim
Losses
5102
2.89
.20
314,347
9,085
1,817
752421
5
F
8,363
5,000
5606
.73
.18
102,446
748
135
NO. 2
6
*
2,662
2,662
8742
.18
.19
81,035
146
28
8810
.12
.21
139,073
167
35
9765
WORKPLACE SAFETY C
-203
-40
Policy Total: 836,901
Subject
Premium: 42,455
Total Act Inc
Losses: 11,025
09-FLORJDA
Carrier: 31267
Firm ID: Firm Name: EDGEWATER CONSTRUCTION GROUP
Policy No. 83028739 Eff Date: 03/04/2007 Exp Date: 03/02/2008
Code
ELR
D-
Ratio
Payroll(
Expected
Losses
Exp PAm
Losses
Clain Data
IJ
OF
Act Inc
Losses
Act Prim
Losses
0931
PREMIUM -SHORT RATE
0
0
778620
5
F
3,265
3,265
5102
2.89
.20
1,030,198
29,773
5,955
NO. 3
5
"
3,562
3,562
5606
.73
.18
206,366
1,506
271
759044
5
F
5,332
5,000
8742
.18
.19
106,324
191
36
802555
6
F
2,035
2,035
8810
.12
.21
271,092
325
68
NO. 17
6
*
11,051
11,051
9765
WORKPLACE SAFETY C
-635
-127
9807
ADDITIONAL PREMIUM
0
0
Policy Total: 1,613,980
Subject
Premium: 119,122
Total Act Inc
Losses: 25,245
Copyright 1993-2011, All rights reserved TNs experience modification factors comprised of compilations and information which are the proprietary and exclusive property of the Nationd
Council on Compensation Ineumnoa, Inc. (NCCI). No further use. dissemination, sate, transfer, assignment or disposition otthis experience rating modification factor ar any panthereof
may be used without the written consent of NCCI. NCCI makes no representation or warranty, expressed ar Implied, as to any matter whatsoever including but not limited to the accuracy of
any information, product orsarvice furnished hereunder and, info NCCI, recipient of this experience rating modification factor subscribes to and utilizes the Information eervlce "as is".
Total by Policy Year of all cases 92000 or less. D Disease Loss
C Catastrophic Loss E Employers Liability Loss
X Ex -Medical Coverage
# lilted Loss
U USL&HW
Page 2 of 2
Defendant:
Date Lawsuit Filed:
Subject Matter:
Court:
Case Status:
Defendant:
Date Lawsuit Filed:
Subject Matter:
Court:
Case Status:
Plaintiff:
Date Lawsuit Filed:
Subject Matter:
Court:
Case Status:
Plaintiff:
Date Lawsuit Filed:
Subject Matter:
Court:
Case Status:
Current Legal Matters
David's Cafe, Inc.
April 9, 2010
Contract & Indebtedness
Miami Dade County Civil
Open - Pending
CSC Traymore LLC..
September 30, 2008
Contract & Indebtedness
Miami Dade County Civil
Open - Pending
Scottsdale Insurance Company.
June 14, 2010
Insurance
Miami Dade County Civil
Open - Pending
Indian Harbor Insurance Company.
July 20, 2010
Insurance
Miami Dade County Civil
Open - Pending
U.S. Department of Labor
Occupational Safety and Health Administration
Citation and Notification of Penalty
Inspection Number: 312151699
InspectionDates:12/01/2008-12/01/2008
Issuance Date: 12/03/2008
Company Name: Edgewater Construction Group, Inc.
Inspection Site: 1220 Collins Ave., Miami Beach, FL 33139
Citation 1 kern 1 Type of Violation: Serious
29 CFR 1926.I052(c)(1): Stairways having four or more risers or rising more than 30 inches (76 cm),
whichever is less, were not equipped with one handrail and one stairrail system along each unprotected side or
edge:
On or about 12-01-2008, employees were exposed to a fall when they were using a stairway without a stairrail
system on the unprotected side to gain access from the ground floor to the first floor.
PLEASE NOTE: DOCUMENTATION OF ABATEMENT IS REQUIRED FOR THIS VIOLATION.
,f 64-
Darlene Possum
Area Director
See pages I through S of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.
Citation and Notification of Pawky Page 6 of 6 OSHA-2 (Rev. 9/93)
U.S. Department of Labor
Occupational Safety and Health Administration
8040 PETERS ROAD
Building H-100
FORT LAUDERDALE, FL 33324
Phone: (954)424-0242 FAX: (954) 424-3073
Citation and Notification of Penalty
To:
Edgewater Construction Group. Inc.
and its successors
10200 NW 25th Street Suite 204
Miami, FL 33172
Inspection Site:
2940 Collins Avenue
Miami Beach, FL 33140
Inspection Number: 312146210
Inspection Date(s) : 05/22/2008- 05/22/2008
Issuance Date: 06/20/2008
The violationes) described in this Citation
and,.Nottftcation of Penalty is (are) alleged
to have occurred on or about the day(s) the
inspection was. trade unless otherwise
indicated within.the description given below.
This Citation and Ion cation of Pe _ ty is nationdescribes violations o upatto a ety e
Act of 1970. The enclosed booklet (OSHA 3000) which outlines your rights and responsibilities should be read
in conjunction with this form. Issuance of this Citation does not constitute a finding that a violation of the Act has
occurred unless there is a failure to contest as provided for in the Act or, if contested, unless this Citation is
affirmed by the Review Commission or a court.
Posting - The law requires that a copy of this Citation and Notification of Penalty be posted immediately in a
prominent place at or near the location of the violation(s) cited herein, or , if it is not practicable because of the
nature of the employer's operations, where it will be readily observable by all affected employees. This Citation
must remain posted until the violation(s) cited herein has (have) been abated, or for 3 working days (excluding
weekends and Federal holidays), whichever is longer. The penalty dollar amounts need not be posted and may
be marked out or covered up prior to posting.
Right to Contest - You have the right to contest this Citation and Notification of Penalty. You may contest
all citation items or only individual items. You may also contest proposed penalties and/or abatement dates without
contesting the underlying violations. Unless von inform the Area Director in writing that you intend to contest
the citation(s) and/or proposed penaltyfies) within 15 working days after receipt, the citation(s) and the
Drowsed penalty(ies? will become a final order of the Occupational Safety and Health Review Commission
and may not be reviewed by any court or agency.
Notification of Corrective Action - For mat violation which you do not contest, you are required by 29
CFR 1903.19 to submit an Abatement Certification to the Area Director of the OSHA office issuing the citation
and identified above. The certification must be sent by you within 10 calendar days of the abatement date
indicated on the citation. For Willful and Repeat violations, documents (examples: photos, copies of receipts.
training records, etc.) demonstrating that abatement is complete must accompany the certification. Where the
citation is classified as Serious and the citations states that the abatement documentation is required, documents
such as those described above are required to be submitted along with the abatement certificate. If the citation
indicates that the violation was corrected during the inspection, no abatement certification is required for that item.
9i
Citation and Notification of Penalty
Page 1 of 7 OSHA-2(ttev. 6/93)
All abatement verification documents must contain the foIIowing information: 1) Your name and address; 2)
the inspection number (found on front page); 3) the citation and the citation items number(s) to which the
submission reiates; 4) a statement that the information is accurate; 5) the signature of the employer or employer's
authorized representative; 6) the date the hazard was corrected; 7) a brief statement of how the hazard was
corrected; and 8) a statement that affected employees and their representatives have been informed of the
abatement.
The law also requires a copy of all abatement verification documents. required by 29 CFR 1903.19 to be sent to
OSHA, also be posted at the location where the violation appeared and the corrective action took place.
Notice to Employees - The law gives an employee or his/her representative the opportunity to object to any
abatement date set for a violation if he/she believes the date to be unreasonable. The contest must be mailed to
the U.S. Department of Labor Area Office at the address shown above and postmarked within 15 working days
(excluding weekends and Federal holidays) of the receipt by the employer of this Citation and Notification of
Penalty.
Inspection Activity Data - You should be aware that OSHA publishes information on its inspection and
citation activity on the Internet under the provisions of the Electronic Freedom of Information Act. The information
related to these alleged violations will be posted when our system indicates that you have received this citation,
but not sooner than 30 calendar days after the Citation Issuance Date. You are encouraged to review the
information concerning your establishment at WWW.OSNA.GOV. If you have any dispute with the accurace of
the information displayed. please contact this office.
1 F
Citation and Notification of Penalty Page 2 of 7 OSHA-2(Rev. 6/93)
In the Mauer of:
OSHA No.c<i:
U. S. DEPARTMENT NT Or LABOR
OCCUPATIONAL SAFETY AND HEALTH AD1+IINISTRATION
INFORMAL SETTLEMENT AGREEMENT
Edgewater Construction (Group. Inc.
312146 10
COPY
erk
t
-iv 1,6_-Cs4.04
The intdersig!led nrpresentatit t:a ttf iho Iiutplroyer and tttc C)ticupatiuital Safety and Ilealth Administration (OSIIA). in settlement
of the abot e citation(s) :and penalties which were issued ort 06,' Ytff 2()iR , ltcrehv agree as follow s:
1 The Employer azrees to correct the t, ituatinns as cited in the attached citations and to submit a
correction report (form attachted) as required on page 3.
The Employer agrees 1.1 1, y the redo d penalties. ame::ded 10} this agreement. in the :amount of
SI.125
3. The Employer. by signing this informal setttettteut agreement. hereby naives its rights to contest the
above citatiantsl and penraltiet.arncridcil in ;hit, agreement
4. The employer agrees to itttmediateb po,t a copy of this Informal Settlement Agreement in a prominent
place at or near the_i'e itinn of the S iul:itit`ntsl referred to in the attached citation. This Informal
SettIemtztt Agreement mutt remain poLt;:cl until the vintatit~nc cited have been corrected. or for working
days text:weekends eekends ;end Federal Holidays). whichever is longer_
-5. The employer agrees to continue to t ui+tph with the aFplicable provisions of the Occupational Safety anti
Health Act of 1970, and the applicable ,afety and health .itandards promulgated pursuant to the Act.
6. The Employer agrees to det clop ref iet; it. iafet) and health pru,;*r.:tm and modify it as applopriate on an
ongoing basis in order to improve ,atcty ad health.
7. The employer ,}erects t« c,`nttiet the t'r:stc'r-;ty of South Flnrni.t t1tSF) Consultation
Program +telephone number: 365-27 -11t15:..those :erotic; are free to -mall employers
for assist:nice implementin:t an etl'e.,Li. ,.,Eery and health program.
S. Failure to pa) the amend'. penalty, it .Lint. Io: the due daterst will revert such penalty to the original full
amount.
For Occu. tittnai Safer. For cr
I ur di ..rt;nin�rt:r
And health .Adininistrtitior, tsign:tture and date)
Darlene Possum
(signature and date)
QIt jtr&
NOTE: TWO COPIES OF THE SIGNED AND COMPLETED AGREEMENT WILL BE
RETURNED TO THE EMPLOYER AFTER THE CASE IS SETTLED.
t-
C'itatisrt anti Notification of 1'sna1tPage 4 Of 7
OS11A 2(Rev. fi;n?)
U.S. Department of Labor Inspection Number: 312146210
Occupational Safety and Health Administration InspectionDates:05/22/2008-05/22/2008
Issuance Date: 06/20/2008
Citation and Notification of Penalty
Company Name: Edgewater Construction Group, Inc.
Inspection Site: 2940 Collins Avenue, Miami Beach, FL 33140
Citation 1 Item 1 Type of Violation: Serious
29 CFR I926.45I (g)(3)(i): When vertical lifelines were used, they were not protected from sharp edges and
abrasion:
On or about 05/22/2008, at 2940 Collins Avenue, in Miami Beach, Florida, two lifelines used as part of a
personal fall arrest system and going over a parapet were not protected from cuts and abrasions.
9r E4
See pages t through S of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.
Citation and Notiftctton of Penalty Page 6 of 7 OSHA-2 (Rev. 9/93)
U.S. Department of Labor
Occupational Safety and Health Administration
inspection Number: 312146210
Inspection Dates: t}5/22i2008-05 22:3008
Issuance Date: 06120 2008.
Citation and Notification of Penalty
Company Name: Edgewater C\'nstruc:tion Group. Inc.
Inspection Site: 2940 Collin:, Avenue. Aliami Beach. Fl. 33140
Citation 2 Item 1 Tti pc of Violation: Ot her
29 CPR 190.4.40(a). Copies of the records kept under Part 1904 were not provided within four hours when
requested by an authorized eovernment representative.
On or about 05 22.2008. at 294t1 Collins Avettue, the employer did not provide the OSIIA 300 forms for
calendar years 2007, 2006. and 2005.
PLEASE NOTE: CERTIFICATION AND DOCUMENTATION OF ABATEMENT IS REQUIRED FOR
MIS VIOLATION.
Date By Which Violation Must be. Ahatecl:
Proposed Penalty
Darlene Possum
Area Director
07117/2008
$ 500.00
See ltake4 i rirnmgh 5 of ttti; Citation ,ind Nutifitacrin off Perralt} for information on e:nplo)er and ernpt•+}ee rights ;end rer•pensihilitia4,
Citation and Nutrtic:ttton u: Penal*
Page 7 of 7 OSHA-2 (Rrr. 9 93r
U.S. Department of Labor
Occupational Safety and Health Administration
8040 PETERS ROAD
Building 14-100
FORT LAUDERDALE, FL 33324
Phone: (954)424-0242 FAX: (954)424-3073
INVOICE/
DEBT COLLECTION NOTICE
Company Name: Edgewater Construction Group, Inc.
Inspection Site: 2940 Collins Avenue, Miami Beach, FL 33140
Issuance Date: 06/20/2008
Stmtmary of Penalties for Inspection Number 312146210
Citation 1, Serious = $ 1000.00
Citation 2, Other = $ 500.00
L•V'lt is O ;'l F24„ T i"i47::: i'! • S^ S'a' & A::1S 0
:::W.1 •..- •Y.J.i. J.r..•.+"1+F.:�: Avn:.. :::L?.✓_: K{•:::C.:M ::: Y cn:n X4,0
To avoid additional charges, please remit payment promptly to this Area Office for the total amount of the
uncontested penalties summarized above. Make your check or money order payable to:
"DOL-OSHA". Please indicate OSHA's Inspection Number (indicated above) on the remittance.
OSHA does not agree to any restrictions or conditions or endorsements put on any check or money order for less
than full amount due and will cash the check or money order as if these restrictions or conditions do not exist.
If a personal check is issued, it will be converted into an electronic fund transfer (EFT). This means that our bank
will copy your check and use the account information on it to electronically debit your account for the amount of
the check. The debit from your account will then usually occur within 24 hours and will be shown on your regular
account statement. You will not receive your original check back. The bank will destroy your original check, but
will keep a copy of it. If the EFT cannot be completed because of insufficient funds or closed account, the bank
will attempt to make the transfer up to 2 times.
Pursuant to the Debt Collection Act of 1982 (Public Law 97-365) and regulations of the U.S. Department of Labor
(29 CFR Part 20), the Occupational Safety and Health Administration is required to assess interest, delinquent
charges, and administrative costs for the collection of delinquent penalty debts for violations of the Occupational
Safety and Health Act.
Interest. Interest charges will be assessed at an annual rate determined by the Secretary of the Treasury on all
penalty debt amounts not paid within one month (30 calendar days) of the date on which the debt amount becomes
due and payable (penalty due date). The current interest rate is 4%. Interest will accrue from the date on which
the penalty amounts (as proposed or adjusted) become a final order of the Occupational Safety and Health Review
Commission (that is, 15 working days from your receipt of the Citation and Notification of Penalty), unless you
file a notice of contest. Interest charges will be waived if the full amount owed is paid within 30 calendar days
of the final order. T
Page 1 of 2
ABATEMENT CERTIFICATION
Darlene Fo»uin, Area Director
1.J.S, Department of Labor - OSIIA
8040 PETERS ROAD
Building H-100
FORT LAUDERDALE, FL 33324
Phone: t954 r424-0242
Edgewater Construction Group. Inc.
10200 NW 25th Street Suite 204
itliami, FL 33172
The hazard referenced in inspection Number 31 Li4Itd 1t) for
Citation t and Item t was corrected on
by the following method; ,1..td 't, . S_ I-1..4 ;
The hazard referenced in Inspection Number /2.,1 i0td' for
Citation 2., and item ! was corrected on
by the following method: `ki:_ fe,r 1..5 kotee. :ti.,:i' . e,dc , CO,1,I
byl5#tom
Drst_%Sl
The hazard referenced in Inspection Number _ _ _ for
Citatitn _ and Item was corrected on
by the following method: --�
the violation identified as
O5J ,, r1t
t
the S'itllation identified as
the violation identified as
The hazard referenced in Inspection Number for the iodation identified as
Citation and Item _ was corrected on
by the following method:
The hazard referenced in Inspection Number ttir the violation identified as
Citation and Item was corrected on
by the following method: T'T
NOTE; 29 IL•SC 666, (g): w!oe` e, tR•°:1tI1;t} mai.e� !il 2:It,C }LItemt.1;1,, rC[Iit 11t:1t1 tit T er1ifitittitm in an itppholion.
record. plan n ,Ithvr do,:nments tikti or required t•1 h M.tutt.an;.i p1n rant rt• ;hx .9ct •hzdl. ttt n c.,m-ioittn. ttie tunti%ht'd by , file.1
of not more that r51i'.Ot1it, or by imprisonment for not mr?re than Six muntha or both.
POSTING-: A cttof she rcn 1;#cd r'orrectivs: ACtieT; i',:'.r t p) t:- ee�: Sh. ,nitt etnp}c-.yee revrcw.
1
T}p d ;17 Printed Name
I
Delinquent Charges. A debt is ennsidered delinquent if it has not been paid within one month 130 calendar days)
of the penalty due date or if a satisfactory pat meat arrangement has not been made. lithe debt regains delinquent
for more than Ott ealindar days, a delinquent charge: or sip percent tor; t per annum will he assessed accruing front
the date that the debt became delinquent.
Administrative Cost!;, Agencies of the Department of Labor are required in assess additional charges for the
recovery of delinquent debts. These additional charge are: administratite costs incurred by the Agency in its
attempt to collect an unpaid debt, Adtttini5tratitie :USta will be ;tssei:ed for demand letters sent in an attempt to
collect the unpaid debt.
f •
Darlene Fossum
Area Director
Date •
Corre.:ti‘e action. taken by }sou for each alleged tit+latian should be submitted to this office on or about the
abatement dates indicated on the Citation ;md Notification al' Penalty.
If the hazards itemized on this citatiotttsf are not abated. corrected and a follow-up inspection is conducted. your
establisittnt:nt may receive a Failure to Abate Citation for the uncorrected hazards with subsequent additional
monetary penalties of up to thirty OW times the uriuinal penalty amount of the uncorrected hazards.
A work sheet has been provided to assist in pruvidttag the required abatement infitrmatiun: A completed copy of
this work sheet should be posted at the «orksite with tiee C.itatiuntst.
qi %...-
Phone: (305) 463-7700
Fax: (305) 463-7058
List of Equipment & Value
CAT 236 SKID STEER LOADER
CAT 303 CR MINI HYDRAULIC EXCAVATOR
PORTABLE COMPRESSOR
2007 PUTZMEISTER TK49 CONCRETE PUMP & TRAILER COMBO
50 FT. STORAGE CONTAINER
2007 TEREX ROCK CRUSHER 428
STANLEY MB800 HYDRAULIC HAMMER
2003 CAT420DIT4x4 LOADER BACKHOE
$ 25,000.00
$ 22,000.00
$ 14,000.00
$ 55,000.00
$ 11,000.00
$ 300,000.00
$ 5,000.00
$ 35,000.00
9. To the best of your knowledge is your company or any officers of your company
currently under investigation by any law enforcement agency or public entity. If yes,
provide details:
No
10. Has your company been assessed liquidated ,thamages or defaulted an a project in the
past five (5) years? ❑ Yes ® No (If yes, provide an attachment that provides an
explanation of the project and an explanation.
11. Has your company been cited for any OSHA violations in the past five (5) years. If yes,
please provide an attachment including all details on each citation, No
12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater,
owned by your company.
B. Project Management & Subcontract Details
1. Project Manager for this Project:
a. Name: Rafael Almeida
b. Years with Company: 1 year
c Licenses/Certifications: None
d. Last 3 projects with the company including role, scope of work, & value of project:
City of Miami Beach Historical Fire Station $ 2 $ 1,627,762.78
City of Miami Historical Fire Station # 2 $ 1,333,845.00
Gaumard Scientific $ 2,700,000.00
2. Subcontractors:
Name Trade % of Work License No. Certification*
t
Gyir T2c ..-1�2G`\
('active certifications of small or disadvantage business & name of certifying entity)
3. Scope of actual construction work to be performed by your company and the
corresponding percentage of the work: (This does not Include such items as insurance * bonds, dumpsters,
trailers, and other similar non -construction work Items)
Metal Framing & Drywall--- or,a.)-
einish tarpencry
DemoConc— Work„ 1A Iu`�
3 LU«.\
Painting pisN)
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ` ITB No.: 11-009
o"► taint
Tony E. Crapp, Jr.
City Manager
To Whom it May Concern
Subject: Reference Letter
Name of Bidder: Edgewater Construction Group, Inc
The above referenced contractor is submitting on a bid solicitation that has been issued by the
City of Miami. We require that the Bidder provide written references with their Bid submission
and by providing you with this document the Contractor is requesting that you provide the
following reference information. We would appreciate you providing the information requested
below as well as any other Information your feel is pertinent
Name of Project: Restoration and Renovation of Historic Fire Station, No. 2
Renovation, restoration and strengthening of the structural system
Scope of work: to Rp exinHavi fire at a tion
Value of project: $ 1,133, 845.00 Date Completed: Estimated by January 2012
Percentage of physical construction work self -performed by Contractor: 4„ 3 %
Was project completed on time & within budget ❑ Yes ❑ No
If no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No
If yes, pleaseprovide details:
C orr".441
I ria,..• 4...iOi4l1/4IN W4ijxVl1: 41Q
e�/pct,
B.wilis ussii infkAtr8.
Comments:
t�tt tonrT6RL'Cba. 'fib "Arre..rtt woc1/21,,,N+NA ..i Di Firs SAatiaa *ht
er+411 .
ar." b¢..1" ,.e t + cop i43:r.ely
with 'Ftteie• fhter ook. Awn wl..w# „ Lune 31,4.4 .1 -ta 444�ew woui�l l
110.e. CAI O� iN1Ma.'t
Thank you for your assistance in helping us In evaluating our bld solicitation.
Name of individual completing this form: �.14" A --W4 Date: 9. t • tt
signature:
tb
Telephone: 3 05 Z- So 55
Sincerely,
Albert Sosa, P.E.
Tide: fo4-r hAvA dewCo9tlA improonnorts
E-mall: r Fbe.e Ntria w+► r ou. crcsw,.
FIRE STATION #13 !TB NO. 1D-11-023
9-60453A
08-06-11;02:37PM: dgoweter Construction Group ;30E4637058 # 1/
r
�ttn of !': taint
Tony E. Crapp. Jr.
City Manager
To Whom it May Concern
Subject Reference Letter
Name of Hidden Edgewater Construction Group, Inc
'The above referenced contractor is submitting an a bid solicitation that has bean Issued by the
Cry of N4leK We require that the Bidder provide writer' references with their Bid submission
and by providing you with this document the Contractor Is requesting that you provide the
folbwing refererttva information. We would appreciate you providing the information requested
below as wall as any other information your foal Is pertinent
Name of Props* Royalton 2Npartmente
Scope of wort Mid -Rise Rousing Renovation and Rehabilitation Project
Vaitry of mow $ 8,310,840.44 Deere Completed: October 20es
Percentage of physical construcrlon work eon -performed by Contractor; `%
Was project completed on time & mthIn budget: le Vas ❑ No
if no, was the contractor at fault or contribute to the detay(s) or increased cost? ❑ Yes No
If yes, please provide details: 0 irtCt le}kG pc:14,1
t ro skorase) f ktv.n GC 4; ',sew.
Comments;
Thank you for your assistance in helping us in evaluating our bkt s0fq<tatton.
Name of individual completing this fomE L f A «a ion Date: 94- I(
Signature: 42�Lt'P, 9 1 i+-,a:.r. •• '!' 9e: Si P MQu eft
TelephonQ:SOS •37 t -taco sing: rca rrbae-ry f'-t. or,5
Sincerely,.
Albert Soya. P.E.
FIRE STATIGN 813 rTs MO.: 1041.022
4,8A
r,v. L „ 1 From: unknown Page: 1/1 Date: 9/6/2011 5:19:08 PM
.rl ILV I
(CO of
,sr
iamb
Tony E. Crapp, Jr.
City Manager
To Whom It May Concern
Subject Reference Letter
Name of Bidder: i;dgewater Construction Group, Inc
The above referenced contractor is submitting on a bid solicitation that has been issued by the
City of Miami. We require that the Bidder provide written references with their Bid submission
and by providing you vigth this dclurnant the Contractor Is requesting that you provide the
following reference Information. We would appreciate you providing the information requested
below as well as any other information your feel is pertinent
Name of Project: The Georgian Condo
scope of work: Modernization - Restoration
Value of project: $ 1, 048, 390. co Cate Completed: APri1 2008
Percentage of physical construction work self pertbrmed b Contractor: 7 c %
Was project completed on time within budget Yes ❑ No •
If no, was the contractor et fault or contribute to the delay(e) or increased cost?
if yes, please provide details:
Comments:
Thank you for your assistance in helping US In evaluating
Name of individual cprerpl�ting this form:
Signature; ,fir
Telephone: Ta " J o 1 _mall:
Sincerely,
Albert Soaa, P.E.
FIRE STATION *13
936
ITS NO.:1041-023
8-63453A
This fax was received by GFI FAXmaker fax server, For more information, visit http:l/www.gfi•com
CO of Miami
Tony E. Crapp, Jr.
City Manager
To Whom It May Concern
Subject: Reference Letter
Name of Bidder. Edgewater Construction Group, Inc
The above referenced contractor is submitting on a bid solicitation that has been issued by the
City of Miami. We require that the Bidder provide written references with their Bid submission
and by providing you with this document the Contractor is requesting that you provide the
following reference information. We would appreciate you providing the information requested
below as well as any other information your feel is pertinent:
Name of Project The Webster Hotel
scope of work: Mid -Rise Retail Development
Value of project: $ 7, 881, 538.56 Date Completed: April 2009
Percentage of physical construction work self -performed by Contractor: 35
Was project completed on time & within budget: 2 Yes 0 No
if no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No
if yes, please provide details:
N/A
Comments:
The project took longer than expected due to unforseen conditions
encounter at the job site, but everything was handled well by the
contractor. We were very pleased with Edgewater and we will
definitely use them again.
Thank you for your assistance in helping us in evaluating our bid solicitation.
Name of individual co le jng this form: Jonathan Brooks Date: 9 / 6 /2 011
Signature:
Telephone:
Sincerely,
Albert Sosa, P.E.
Title: • CFO
E-mail: jbgbrooka@aol.ocm
FIRE STATION #13 ITS NO.: 10-11-023
B-60453A
o taint
Tony E. Crapp, Jr.
City Manager
To Whom It May Concern
Subject Reference Letter
Name of Bidder: Edgewater Construction Group, Inc
The above referenced contractor is submitting on a bid solicitation that has been Issued by the
City of Miami. We require that the Bidder provide written references with their Bid submission
and by providing you with this document the Contractor is requesting that you provide the
following reference information. We would appreciate you providing the information requested
below as well as any other information your feel Is pertinent:
Name of Project: Renovation and Restoration of Historical Fire Station No. 2
Scope of work: Renovation, restoration and additions to an existing fire station
Value of project: $ 1, 627, 762.78 Date Completed: Estimated by December 2011
Percentage of physical construction work self -performed by Contractor: 45
Was project completed on time & within budget ❑ Yes ❑ No
If no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No
if yes, please provide details:
Comments:
Edgewater was awarded the renovation, remodeling, aid additions
to the Historical Fire Station #2 in late 2011. The project
is progressing well even though we have encountered several
unforseen conditions that have impacted the current schedule,
thq_.ontractor has c. ii ed to deliver the project within the
.orz s na arove sQ e • u e.
an you or yt L asses nce in e ping us in evaluating our bid solicitation.
Name of it nri fial completing this form: iritmerrAto CAabiu.ti54 Date: ell cot n
Sig
Telephone:
Sincerely,
Albert Sosa, P.E.
FIRE STATION #13
fail 3-'to'tt
9
5
Title: p. ' ei .T M M.r,AG - ►-iat+fr P,ravAv MelesidatitaeP,
E-mail: auMbetiacake-name 1►sia».�iaeuehfi..g.w
ITB NO.: 10-11-023
B-604S3A
SUPPLEMENT TO BID FORM:
CUSTOMER REFERENCE LISTING (Page 1 of 1)
Bidders may furnish the names, addresses, and telephone numbers of firms or government
organizations for which the Contractor has provided services in addition to the minimum five (5)
projects of a similar size, scope, and complexity..
1) Company Name City of Miami
Address
3500 Pan American Drive Miami, Fla 33137
Contact Person/Contract Amount Richard Pope $ 1,133,845.00
Telephone No.: /Fax No. (305) 992-8035 rpope@miamigov.com
2) Company Name
Address
Carrfour Affordable Housing
1398 S.W. 1st. Street Miami, Fla 33145
Contact Person/Contract Amount Paola Roman $ 8,310,840,00
Telephone No.: /Fax No. (305) 3 71- 8 3 0 0 proman@carf our . org
3) Company Name City of Miami Beach Fire Station # 2
Address
1700 Convention Center Drive Miami Beach, Fla
33139
Contact Person/Contract Amount Humberto Cabanas $ 1, 62 7 , 762.78
Telephone Na.: /Fax No. (305) 673 - 7071 humbertocabanas@miamibeach
r.t.gov
4) Company Name
Address
The Webster Hotel
122o Collins Ave. Miami Beach, Flan
Contact Person/Contract Amount Jonathan Brooks $ 7, 881,538.56
Telephone No.: /Fax No. (305) 216-8049 jbgbrokks@aol . ocm
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
SUPPLEMENT TO BID FORM:
OFFICE LOCATION AFFIDAVIT (Page 2 of 2)
N / A N / A
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 CRA 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.
97
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot
iTB No.: 11-009
Section 6- Contract Execution Form
THIS Contract (contract number) made this 9 day of December in the year 2011 in the
amount of $ by and between OMNI REDEVELOPMENT DISTRICT
COMMUNITY REDEVELOPMENT AGENCY, hereinafter called the "CRA", and (name of
Contractor Edgewater Construction Group, Inc .
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST
cs,
Jose Pefia - Chief Estimator
Print Name, Title
ATTEST: Du1ce
CONTRAC SR S- 'e
f (Affirm CONTRA TOR Se - I, if avail e)
ez
ATTEST:
(CONTRACTOR NAME)
dggwate Constructuion Group. Inc..
Signiu
Ulysses Vazquez - President
Print Name, Title of Authorized Officer or Official
(Corporate Seal)
Omni Redevelopment District Community
Redevelopment Agency, a public agency and
body corporate created pursuant to Section
163.356, Florida Statutes
Priscilla Thompson, City Clerk Pieter A. Bockweg, CRA Executive Director
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
Calvin Ellis, Director
Risk Management Department Julie O. Bru, City Attorney
98
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
CORPORATE RESOLUTION
WHEREAS, Edgewater Construction Group Inc. desires to enter into a
contract with the CRA of Miami for the purpose of performing the work described in the
contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has
considered the matter in accordance with the By -Laws of the corporation;
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS that the
President
(type title of officer)
Ulysses Vazquez
(type name of officer)
, is hereby authorized
and instructed to enter into a contract, in the name and on behalf of this corporation,
with the CRA of Miami upon the terms contained in the proposed contract to which this
resolution is attached and to execute the corresponding performance bond.
DATED this
9
emb
,20 11 .
C. :orate •re
Dulce Vaz• ez
(Corporate Seal)
99
Fire Station No. 2 Phase 2B interior Rehabilitation and Periling Lot ITB No.: 11-009
Project No. 11-009
CITY OF MIAMI
COMMUNITY REDEVELOPMENT AGENCY
SUBCONTRACTOR UTILIZATION
Project Title: Firehouse #2 Interior
Sheet No, of
This Form must be submitted with a Bidder's Bid submission, Failure to submit this Exhibit with the Bid will result in the bid being rejected
as non -responsive. The City in its sole discretion allow the Bidder to submit the Exhibit after Blds are due.
Provide the following information for each subcontractor regardless of tier.*
Name of Business
Portion of
Work
t ec. c�tc Ai
1•1y-,ra,tw QLva13)
Dollar Percent Address/City/State/Zip
Amount
1b')n.
s `31Jkw1
`ItzSo
acxa oe �• C•citei
t5! tl u'1.a`st
'Z ZZ w 1a s t 'sx.eAM
cA- 5y 0.1-tv5
tigtA 4htoau \At
361F. 1 wow r %I
Attach additional sheets if necessary.
License Information** Business Certification""**
Type
CI
c�c
Number SBE CSBE
142"lbr
Z'1
DBE
* All tiers must be shown, including multiple sub -tiers, if permitted by the Contract Documents.
**List only those relevant to this Project.
*** Must be certified by either Miami -Dade County, State of Florida, or the Federal Government
Form SU
FORM OF PERFORMANCE BOND (Page lof 2)
BY THIS BOND, We , as Principal,
hereinafter called Contractor, and , as Surety, are bound
to the Omni Redevelopment District Community Redevelopment Agency (CRA) of Miami,
Florida, as Obligee, hereinafter called CRA, in the amount of
Dollars ($ ) for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No: 11-009, awarded the day of , 20 , with CRA which
Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and CRA for construction of
, the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed in the Contract;
and
2. Pays City all losses, liquidated damages, expenses, costs and attomey's fees including
appellate proceedings, that CRA sustains as a result of default by Contractor under the
Contract; and
3. Performs the guarantee of all Work and materials furnished under the Contract for the
time specified iri the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN
FULL FORCE AND EFFECT.
4. Whenever Contractor shall be, and declared by CRA to be, in default under the Contract,
CRA having performed CRA obligations hereunder, the Surety may promptly remedy the
default, or shall promptly:
4.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
100
Fire Station No. 2 Phase 28 Interior Rehabilitation and Parking Lot !TB No.: 11-009
FORM OF PERFORMANCE BOND (Page 2 of 2)
4.2. Obtain a bid or bids for completing the Project in accordance with the terms
and conditions of the Contract Documents, and upon determination by Surety
of the lowest responsible Bidder, or, if CRA elects, upon determination by CRA
and Surety jointly of the lowest responsible Bidder, arrange for a contract
between such Bidder and CRA, and make available as Work progresses (even
though there should be a default or a succession of defaults under the Contract
or Contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the Contract Price; but not
exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the Contract Price," as used in this paragraph, shall mean the total
amount payable by CRA to Contractor under the Contract and any
amendments thereto, less the amount properly paid by CRA to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than CRA named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this day of 20 .
WITNESSES:
Secretary By:
(CORPORATE SEAL)
(Name of Corporation)
(Signature)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
101
Fire Station No. 2 Phase 2B interior Rehabilitation and Parking Lot IIB No.: 11-009
FORM OF PAYMENT BOND (Page 1 of 2)
BY THIS BOND, We , as Principal,
hereinafter called Contractor, and , as Surety, are bound
to the Omni Redevelopment District Community Redevelopment Agency (CRA) of Miami,
Florida, as Obligee, hereinafter called CRA, in the amount of
Dollars ($ ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No., 11-009 awarded the day of , 20 , with CRA which
Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for Liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract ;
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays CRA all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that CRA sustains because of default by Contractor under the
Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all
labor, materials and supplies used directly or indirectly by Contractor in the performance
of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has
not received payment for its labor, materials, or supplies shall, within forty-five
(45) days after beginning to fumish labor, materials, or supplies for the
prosecution of the Work, furnish to Contractor a notice that he intends to look to
the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within ninety (90) days after
performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding
conditions (2.1) and (2.2) have been given.
102
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot ITB No.: 11-009
FORM OF PAYMENT BOND (Page 2 of 2)
2.4. Any action under this Bond must be instituted in accordance with the longer of
the applicable Notice and Time Limitations provisions prescribed in Section
255.05(2), or Section 95-11, Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this day of , 20
ATTEST;
Contractor
(Name of Corporation)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attomey-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
103
Fire Station No. 2 Phase 2B Interior Rehabilitation and Parking Lot JIB No.: 11-009
CERTIFICATE AS TO CORPORATE PRINCIPAL
, certify that I am the Secretary of the
corporation named as Principal in the foregoing Performance and Payment Bond (Performance
Bond and Payment Bond); that , who signed the Bond(s) on behalf
of the Principal, was then of said corporation; that I know his/her signature; and
his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behalf of said corporation by authority of its governing body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA
SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
to me well known, who being by me first duly
swam upon oath says that he/she has been authorized to execute the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in
favor of Omni Redevelopment District Community Redevelopment Agency (CRA) of Miami, Florida.
Subscribed and Sworn to before me this day of , 20
My commission expires:
Notary Public, State of Florida at Large
Bonded by
104
Fire Station No. 2 Phase 2B Interior Rehabilitation ITB No.: 11-009
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAUIRREVOCABLE LETTER OF CREDIT: (Page 1 of 2)
Date of issue
Issuing Bank's No.
Beneficiary: Applicant:
Omni Redevelopment District Amount:
Community Redevelopment Agency in United States Funds
49 NW 5th Street, Suite 100
Miami, Florida 33128 Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at by order
(Branch address)
of and for the account of
(Contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of available by your
drafts at sight, accompanied by:
1. A signed statement from the CRA Executive Director or his authorized designee, that the
drawing is due to default in performance of certain obligations on the part
of (contractor, applicant, customer) agreed upon by and between the
Omni Redevelopment District Community Redevelopment Agency, City of Miami, Florida
and (contractor, applicant, customer), pursuant to Bid/Contract No.
for (name of project) and Section 255.05, Florida Statutes.
Drafts must be drawn and negotiated not later than
(Expiration date)
Fire Station No. 2 Phase 2B Interior Rehabilitation ITB No.: 11-009
105
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2)
Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of
(Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we
provide the Omni Redevelopment District Community Redevelopment Agency (CRA) of Miami,
Florida with written notice of our intent to terminate the credit herein extended, which notice must
be provided at least thirty (30) days prior to the expiration date of the original term hereof or any
renewed one (1) year term. Notification to the CRA that this Letter of Credit will expire prior to
performance of the Contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in
any way be modified, or amplified by reference to any documents, instrument, or agreement
referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any
such reference shall not be deemed to incorporate herein by reference any document, instrument,
or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and
in compliance with the terms of this credit that such drafts will be duly honored upon presentation
to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of
the Project by the
(Contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International
Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If
a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law
should arise, Florida law shall prevail. If a conflict between the law of another state or country and
Florida law should arise, Florida law shall prevail.
Authorized Signature
Fire Station No. 2 Phase 28 Interior Rehabilitation ITB No.: 11-009
106
1-15-10
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY
If the Proposer is submitting as a joint venture, please be advised that this form (2 pages) MUST be
completed and the REQUESTED written joint -venture agreement MUST be attached and submitted
with this form.
1. Name ofjoint venture:
2. Address ofjoint venture:
3. Phone number of joint venture:
4. Identify the firms that comprise the joint venture:
5. Describe the role of the MBE firm (if applicable) in the joint venture:
6. Provide a copy of the joint venture's written contractual agreement.
7. Control of and participation in this Agreement. Identify by name, race, sex, and "firm" those
individuals (and their titles) who are responsible for day-to-day management and policy decision
making, including, but not limited to, those with prime responsibility for:
(a) Financial decisions:
(b) Management decisions, such as:
(1) Estimating:
(2) Marketing and sales:
(3) Hiring and firing of management personnel:
(4) Purchasing of major items or supplies:
Fire Station No. 2 Phase 2B Interior Rehabilitation ITB No.: 11-009
107
(c) Supervision of field operations:
NOTE: If, after filing this form and before the completion of the joint venture's work on the
subject Contract, there is any significant change in the information submitted, the joint
venture must inform the County in writing.
AFFIDAVIT
"The undersigned swear or affirm that the foregoing statements are correct and include all material
information necessary to identify and explain the terms and operation of our joint venture and the
intended participation by each joint venturer in the undertaking. Further, the undersigned covenant
and agree to provide to the County current, complete and accurate information regarding actual joint
venture work and the payment therefore and any proposed changes in any of the joint venturer
relevant to the joint venture, by authorized representatives of the County. Any material
misrepresentation will be grounds for terminating any Contract which may be awarded and for
initiating action under Federal or State laws concerning false
statements."
Name of Firm: Name of Firm:
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
Form A
Fire Station No. 2 Phase 2S Interior Rehabilitation 1T$ No.: 11-009
108