HomeMy WebLinkAboutExhibit 1CONTRACT
By and Between
CITY OF MIAMI
And
ENVIROWASTE SERVICES GROUP, INC.
This AGREEMENT (hereinafter "Agreement") , is made and entered into this
day of 2012, but effective as of the date stated on the Notice to Proceed
issued by the Department's Director, in accordance with the Contract Term set forth
below in Article 7 (the "Effective Date"), by and between the City of Miami, Florida, a
municipal corporation of the State of Florida, whose principal address is 444 S.W. 2nd
Avenue, 10th Floor, Miami, Florida 33130 (the "City"), and Envirowaste Services Group,
Inc., whose principal address is 4 SE 1st Street, 2nd Floor, Miami, FL 33131, (the
"Contractor").
WITNESSETH:
WHEREAS, pursuant to Resolution No. R- , adopted by the Miami City
Commission on , the City Commission accepted the competitive bid of
Envirowaste Services Group, Inc. to provide inlet cleaning to the City of Miami (the
"Work"), and authorized the City Manager to enter into an agreement for the Work with
the Contractor for a period of two (2) years, (730 calendar days), with up to three (3)
additional one (1) year options to renew the term. The City Commission further
authorized the City Manager or his Designee to execute said options to renew subject to
the availability of funding and Contractor's performance.
NOW, THEREFORE, in consideration of the foregoing recitals (all of which are
adopted as an integral part of this Agreement), and the promises and covenants
contained herein, and other good and valuable consideration, the receipt of which are
hereby acknowledged, the parties hereto mutually agree as follows:
ARTICLE 1. SCOPE OF WORK: The Contractor shall furnish all labor, materials and
equipment and perform all the work in the manner and form provided by this Agreement
and the Contract Documents, attached hereto and made part hereof, for complete storm
sewer maintenance NORTH of Flagler Street to city limits, for the Contract Term set
forth in Article 7 below and for the project entitled:
INLET CLEANING CONTRACT — NORTH ZONE, M-0043.
ARTICLE 2. THE CONTRACT SUM: The City shall pay to the Contractor, for the
faithful performance of the Contract, in lawful money of the United States, and subject to
additions and deductions and based on unit prices (where applicable), all as provided in
the Proposal attached hereto and other Contract Documents attached hereto as Exhibit
5p 4/1' 6/9
"C", the annual sum of One Hundred Seventy One Thousand, Thirty Dollars
($171,030.00), for a two year contract total of Three Hundred Forty Two Thousand.
Sixty Dollars ($342,060.00).
The City Manager or his Designee, at their discretion, may exercise the three (3)
additional one (1) year options to renew and the funding shall be as follows:
The first option to renew in the annual amount of One Hundred Seventy One Thousand,
Thirty Dollars ($171,030.00) during Fiscal Year 2014.
The second option to renew in the annual amount of One Hundred Seventy One
Thousand, Thirty Dollars ($171,030.00) during Fiscal Year 2015.
The third and final option to renew in the annual amount of One Hundred Seventy One
Thousand, Thirty Dollars ($171,030.00) during Fiscal Year 2016.
ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with the provisions
fully set forth in the "General Conditions" of the "Specifications" in the Proposal
attached hereto, and subject to additions and deductions as provided, the City shall pay
the Contractor as follows:
(a) On or before the 10th day of each calendar month, the City shall make
partial payments to the Contractor on the basis of the estimate of work performed by the
Contractor during the preceding calendar month, duly certified and approved by the
City's Project Manager.
(b) Upon submission by the Contractor of evidence satisfactory to the City
that all payrolls, material bills and other costs incurred by the Contractor in connection
with the construction of the work have been paid in full, and also, after all guarantees
that may be required in the Specifications or by the Contractor have been furnished and
are found acceptable by the City, final payment on account of this Agreement shall be
made within sixty (60) days after completion by the Contractor of all work covered by
this Agreement and acceptance of such work by the City.
ARTICLE 4. TIME OF COMPLETION: The Contractor shall commence the
work to be performed under this Agreement and the Contract Documents within the
number of consecutive days after the date of written notice from the Director of the
Department of Public Works to begin work as noted in the Proposal, and shall fully
complete the Contract Scope of Work in accordance with this Agreement and the
Contract Documents within the number of calendar days as set forth in the Proposal.
It is mutually agreed between the parties hereto, that time is of the essence of this
Agreement, and, in the event that construction of the work is not completed within the
time herein specified, it is agreed that from the compensation otherwise to be paid to
the Contractor, the City may retain for each day thereafter, Sundays and holidays
included, that the work remains uncompleted, the sum set forth in the General
Conditions of the Specifications, as modified by Division 2 - Special Provisions, which
sum represents the actual damage(s) which the City of Miami, Florida, will have
sustained per day by failure of the Contractor to complete the work within the time
stipulated, and this sum is not a penalty, but will be the liquidated damage(s) that City
will have sustained in event of such default by the Contractor.
ARTICLE 5. ADDITIONAL BOND: It is further mutually agreed between the
parties hereto, that if, at any time after the execution of this Agreement and the
Performance Bond hereto attached and incorporated herein as Attachment "A", when
required for its faithful performance, the City shall deem the surety or sureties upon
such bond to be unsatisfactory, or if, for any reason, in the opinion of the Engineer; such
bond ceases to be adequate to cover the performance of the work, the Contractor shall,
at his expense, within five (5) days after receipt of notice from the Engineer so to do,
furnish an additional bond or bonds in such form and amount, and with such surety or
sureties as shall be satisfactory to the City. In such event, no further payment to the
Contractor shall be deemed to be due under this Agreement until such new or additional
security for the faithful performance of the work shall be furnished in manner and form
satisfactory to the City.
ARTICLE 6. CONTRACT DOCUMENTS: All of the documents hereinafter
listed form the Contract and they are as fully as part of the Contract as if attached to this
Agreement, or repeated in this Agreement:
ADVERTISEMENT FOR BIDS
PROPOSAL
BID BOND
CONTRACT
PAYMENT AND PERFORMANCE BOND
INSTRUCTIONS TO BIDDERS
SPECIFICATIONS
ADDENDA
PLANS: N/A
As prepared by
Entitled:
M. Rodriquez
M-0043
ARTICLE 7. THE CONTRACT TERM: The original Contract Term is two (2) years
(730 calendar days) effective ten days after Notice to Proceed is issued by the
Department's Director. The City has up to three (3) options to renew the term of the
Contract, each for a period of one (1) year, subject to availability of funds and
Contractor's performance.
The City Manager or his Designee, at their discretion, may exercise the three (3)
additional options to renew and the terms shall be as follows:
The term for the first option to renew shall be one (1) year during fiscal year 2014.
The term for the second option to renew shall be one (1) year during fiscal year 2015.
The term for the third and final option to renew shall be for one (1) year during fiscal
year 2016.
The terms for all three (3) options to renew shall begin as of the date stated on the
Notice to Proceed issued by the Department Director.
ARTICLE 8. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on
the availability of funds and continued authorization for project activities and is subject
to amendment or termination due to lack of funds, reduction of funds, and/or change in
regulations, upon thirty (30) days written notice.
ARTICLE 9. NOTICES: Whenever either party desires to give notice to the other,
such notice must be in writing, sent by certified United States Mail, postage prepaid,
return receipt requested, or by hand -delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the place
last specified. The place for giving notice shall remain the same as set forth herein until
changed in writing in the manner provided in this section. For the present, the parties
designate the following:
For City:
Nzeribe (Zerry) Ihekwaba, Ph.D., P.E.
City of Miami
Director of Public Works
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130
With copies to:
Monica Rodriguez, Contract Manager
City of Miami
Department of Public Works
444 SW 2nd Avenue, 8th Floor
Miami, Florida 33130
For Contractor:
Envirowaste Services Group, Inc.
4 SE 1st Street, 2nd Floor
Miami, FL 33131
ARTICLE 10. MATERIALITY AND WAIVER OF BREACH:
(a) City and Contractor agree that each requirement, duty, and obligation set forth in
these Contract Documents is substantial and important to the formation of this
Contract and, therefore, is a material term hereof.
(b) City's failure to enforce any provision of this Contract shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach
of a provision of this Contract shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this
Contract.
ARTICLE 11. SEVERANCE: In the event a portion of this Contract is found by a court
of competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless City or Contractor elects to terminate this Contract. An election to
terminate this Contract based upon this provision shall be made within seven (7) days
after the finding by the court becomes final.
ARTICLE 12. APPLICABLE LAW AND VENUE:
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. By entering into this Contract, Contractor and City hereby expressly
waive any rights either party may have to a trial by jury or to file permissive
counterclaims in any civil litigation related to, or arising out of the Project. Contractor
shall specifically bind all subcontractors to the provisions of this Contract. Each party
shall bear their own attorney's fees.
ARTICLE 13. AMENDMENTS:
No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document prepared with the same or
similar formality as this Contract and executed by the City Manager and Contractor.
ARTICLE 14. PRIOR AGREEMENTS:
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Contract that are not contained in
this document. Accordingly, the parties agree that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements, whether oral or
written. It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless set forth in writing in accordance
with Article 13 above.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and year first above written in five (5) counterparts, each of which shall, without proof or
accounting for the other counterparts, be deemed an original contract*.
WITNESS: (If Corporation, CONTRACTOR:
attach Seal and Attest by Secretary)
Envirowaste Services Group, Inc.
Party of the second part
BY: BY:
Print Name:
Corporate Secretary
(SEAL)
Print Name :
Print Title:
(Employer Tax I.D. Number)
THE CITY OF MIAMI, FLORIDA,
a municipal corporation,
Party of the first part
ATTEST: BY:
Priscilla A. Thompson Johnny Martinez, P.E.
City Clerk City Manager
APPROVED AS TO INSURANCE
APPROVED AS TO REQUIREMENTS:
ENGINEERING:
Nzeribe Ihekwaba, Ph.D., P.E. Calvin Ellis, - Director
Director, Public Works Risk Management
APPROVED AS TO FORM AND
CORRECTNESS
Julie O. Bru
City Attorney
BECAUSE CONTRACTOR IS A CORPORATION, THERE SHALL BE ATTACHED TO EACH
COUN 1"LRPART AS ATTACHMENT "B" A CERTIFIED COPY OF A RESOLUTION OF THE BOARD
OF DIRECTORS OF THE CORPORATION, AUTHORIZING THE OFFICER WHO SIGNS THE
CONTRACT TO DO SO ON ITS BEHALF.
CORPORATE RESOLUTION
WHEREAS, desires to enter into a
Contract for Citywide Storm Sewer Inlet Cleaning —North Zone, M-0043, with the City of
Miami for the purposes of performing the work as described in the Contract to which this
resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has
considered the matter in accordance with the By -Laws of the corporation;
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the
(type title of officer)
, is hereby authorized
(type name of officer)
and instructed to enter into the Contract, in the name and on behalf of this corporation,
with the City of Miami upon the terms and conditions contained in the proposed
Contract to which this resolution is attached, to update the insurance requirements, and
to execute the corresponding performance bond.
DATED this day of , 20
Chairperson of the Board of Directors
Corporate Secretary
(Corporate Seal)
00800. GENERAL CONDITIONS:
1. Contract Documents:
1.1. The formal solicitation, Bidder's Response, any addenda issued, the Contract
Documents, and ali subsequent work order and purchase orders shall constitute the
entire Contract, unless modified in accordance with any ensuing Contract, Amendment or
Addenda.
1.2. The Contract Documents, along with all documents that make up and constitute the
Contract, shall be followed in strict accordance as to Work, performance, material except
when the City may authorize, in writing, an exception.
1.3_ Contractor shall not proceed with any Work when in doubt as to the Work, and shall seek
clarification from Project Manager.
2. Intention of City:
It is the intent of City to describe in the Contract Documents a functionally complete Scope of
Work to be performed in accordance with the Contract Documents and in accordance with all
codes and regulations governing the Work. Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to produce the intended
result shall be supplied by Contractor whether or not specifically stated. When words, which have
a well-known technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. City shall have no duties other than
those duties and obligations expressly set forth within the Contract Documents. Please refer to
the Public Works Department - STANDARD CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR PUBLIC WORKS PROJECTS.
3. Terms of the Contract
The successful bidder shall be required to enter into a contract with the City of Miami, which shall
include but not limited to, the following terms:
The term of the Contract shall be for an initial term of two (2) years, commencing three (3)
calendar days after Notice To Proceed. The City shall have the option to extend the Contract for
three (3) additional one (1) year term periods each by giving the Bidder at least thirty (30) days
prior written notice.
Extension of the term of the Contract beyond the initial period is an option to the City to be
exercised in its sole discretion, and which does not confer any rights upon the Bidder, and shall
be based on availability of funding and contractor's performance.
The City shall have the right to terminate the Contract, for any reason whatsoever and at any
time, upon thirty (30) days prior notice to the bidder.
The City reserves the right to automatically extend this contract for up to one hundred twenty
(120) calendar days beyond the stated contract term in order to provide City with continual
service while a new contract is being solicited, evaluated, and/or awarded. If the right is
exercised, the City shall notify the Bidder, in writing, of its intent to extend the contract at the
same price, terms and conditions for a specific number of days. Additional extensions over the
first one hundred twenty (120) day extension may occur, if, the City and the Successful
Bidder/Proposer are in mutual agreement of such extensions.
Bid No. 11-12-003 Page 55
4. Preliminary Matters:
4.1 Within ten (10) days after the award of the Contract the City shall hold a kick-off meeting
with the Contractor. The City may require that the Sub -Contractors also attend this
meeting.
4.2. Within five (5) calendar days prior to the kickoff meeting described in Section 4.1,
Contractor shall submit to the Contract Administrator for the Contract Administrator 's
review and acceptance:
4.2.1. A detailed maintenance plan in a format acceptable to the City:
▪ The maintenance plan shall indicate the start and completion dates of
the various tasks for each Work Site and shall include a narrative of the
procedures to be used and a list of all equipment to be used in the
performance of the Work.
The maintenance plan must be updated to reflect any changes and
submitted for approval to the Contract Administrator.
• Approval of the maintenance plan by the Contract Administrator shall not
relieve the Contractor of the sole responsibility and liability for the
performance of the Work.
5. Performance Bond and Payment Bond:
Within fifteen (15) calendar days of being notified of the award, Contractor shall furnish a
Performance Bond and a Payment Bond containing all the provisions in the forms attached
hereto.
5.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price
guaranteeing to City the completion and performance of the Work covered in such
Contract as wet as full payment of all suppliers, laborers, or subcontractors employed
pursuant to this Project. Each Bond shall be with a Surety, which is qualified pursuant to
Article 5, below.
5.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of
the Work with liability equal to one hundred percent (100%) of the Contract sum, or an
additional bond shall be conditioned that Contractor will, upon notification by City, correct
any defective or faulty work or materials which appear within one year after Final
Completion of the Contract.
5.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be
amended from time to time, Contractor shall ensure that the bond(s) referenced above
shall be recorded in the public records of Miami -Dade County and provide City with
evidence of such recording.
5.4. Alternate Form of Security:
In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate
forms of security, which may be in the form of cash, money order, certified check,
cashier's check or unconditional letter of credit in the form attached hereto as Form
00735. Such alternate forms of security shall be subject to the prior approval of City and
for same purpose and shall be subject to the same conditions as those applicable above
and shall be held by City for one year after completion and acceptance of the Work.
Bid No. 11-12-003 Page 56
6. Qualification of Surety:
6.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand
Dollars ($500,000.00):
6.1.1. Each bond must be executed by a surety company of recognized standing,
authorized to do business in the State of Florida as surety, having a resident
agent in the State of Florida and having been in business with a record of
successful continuous operation for at least five (5) years.
6.1.2. The Surety shall hold a current certificate of authority as acceptable surety on
federal bonds in accordance with United States Department of Treasury Circular
570, Current Revisions. If the amount of the Bond exceeds the underwriting
limitation set forth in the circular, in order to qualify, the net retention of the
Surety shall not exceed the underwriting limitation in the circular, and the excess
risks must be protected by coinsurance, reinsurance, or other methods in
accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR
Section 223.10, Section 223.111). Further, the Surety shall provide City with
evidence satisfactory to City, that such excess risk has been protected in an
acceptable manner.
6.1.3. The City will accept a surety bond from a company with a rating of B+ or better
for bonds up to $2 million, provided, however, that if any surety company
appears on the watch list that is published quarterly by Intercom of the Office of
the Florida Insurance Commissioner, the City shall review and either accept or
reject the surety company based on the financial information available to the City.
A surety company that is rejected by the City may be substituted by the Bidder or
proposer with a surety company acceptable to the City, only if the bid amount
does not increase. The following sets forth, in general, the acceptable
parameters for bonds:
Policy- Financial Holders
Amount of Bond
Ratings Category
500,001 to 1,000,000 B+ Class
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class III
5,000,001 to 10,000,000 A Class ... IV
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
6.2. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and
Payment Bond from a Surety which has twice the minimum surplus and capital required
by the Florida Insurance Code at the time the invitation to bid is issued, if the Surety is
otherwise in compliance with the provisions of the Florida Insurance Code, and if the
surety company holds a currently valid certificate of authority issued by the United States
Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States
Code, as may be amended from time to time. A Certificate and Affidavit so certifying
should be submitted with the Bid Bond and also with the Performance Bond and Payment
Bond.
Bid No. 11-12-003 Page 57
6.3. More stringent requirements of any grantor agency are set forth within the Supplemental
Conditions. If there are no more stringent requirements, the provisions of this section
shall apply.
7. Indemnification:
7.1 Contractor shall indemnify, defend, save and hold harmless the City and its officials,
employees and agents (collectively referred to as "Indemnitees") and each of them from and
against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or
liabilities (collectively referred to as "liabilities") arising out of, resulting from or in connection with
(i) the performance or non-performance of the services, supplies, materials and equipment
contemplated by this Agreement which is directly or indirectly caused, in whole or in part, by any
act, omission, default, professional errors or omissions, or negligence (whether active or passive)
of Contractor or its employees, agents or subcontractors (collectively referred to as "Contractor"),
regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent
or contributing) by any act, omission, default, breach, or negligence (whether active or passive) of
the Indemnitees, or any of them, or (ii) the failures of the Contractor to comply with any of the
provisions herein; or (iii) the failure of the Contractor, or the Indemnitees, if applicable, to
conform to statutes, ordinances, or other regulations or requirements of any governmental
authority, federal, state, county, or city in connection with the granting or performance of this
Agreement, or any Amendment to this Agreement, or any actions or challenges that may arise
out of this Amendment of the Agreement by, as due to alleged failure to comply with any
applicable procurement requirements or similar limitations imposed on such agreements by law,
Contractor expressly agrees to indemnify and hold harmless the Indemnitees, or any of them,
from and against all liabilities which may be asserted by an employee or former employee of
Contractor, or any of its subcontractors, as provided above, for which the Contractor's liability to
such employee or former employee would otherwise be limited to payments under state Worker's
Compensation or similar laws. This section shall be interpreted in a manner to comply with any
applicable Florida Statutes, including .without limitation, 725.06 and 725.08, F.S.. if applicable.
This Indemnification shall survive the cancellation or expiration of the Agreement.
7.2 The indemnification provided above shall obligate Contractor to defend at its own
expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such
defense, at City's option, any and all claims of liability and all suits and actions of every name and
description covered by Section 7.1 above which may be brought against City whether performed
by Contractor, or persons employed or utilized by Contractor.
8. Insurance Reauirements:
8.1. Without limiting any of the other obligations or liabilities of Contractor, Contractor shall
provide, pay for, and maintain in force until all of its Work to be performed under this
Contract has been completed and accepted by City (or for such duration as is otherwise
specified hereinafter), the insurance coverages set forth herein.
8.1.1. Workers' Compensation insurance to apply for all employees in compliance with
the 'Workers' Compensation Law" of the State of Florida and all applicable
federal laws. In addition, the policy(ies) must include:
8.1.1.1. Employers' Liability with a limit of One Million Dollars ($1,000,000.00)
Dollars each bodily injury caused by an accident, each accident. One
Million Dollars ($1,000,000.00) Dollars each bodily injury caused by
disease, each employee. One Million Dollars ($1,000,000.00 Dollars each
bodily injury caused by disease, policy limit.
8.1.1.2 Waiver of subrogation
Bid No. 11-12-003 Page 58
8.1.2. Comprehensive General Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability
and Property Damage Liability. General Aggregate Limit of Two Million Dollars
($2,000,000.00). Coverage must be afforded on a form no more restrictive than
the latest edition of the Comprehensive General Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include:
[ X ] 8.1.2.1. Premises and/or Operations.
[ X ] 8.1.2.2. Independent Contractors.
[ ] 8.1.2.3. Products and/or Completed Operations for contracts with an
Aggregate Limit of Two Million Dollars ($2,000,000.00) per
project. Contractor shall maintain in force until at least three
years after completion of all work required under the Contract,
coverage for Products and Completed Operations, including
Broad Form Property Damage.
[ ] 8.1.2.4. Explosion, Collapse and Underground Coverages.
[ ] 8.1.2.5. Broad Form Property Damage.
[ ] 8.1.2.6. Broad Form Contractual Coverage applicable to this specific
Contract, including any hold harmless and/or indemnification
agreement.
[ X ] 8.1.2.7. Personal Injury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal to
those required for Bodily Injury Liability and Property Damage
Liability.
[ X ] 8.1.2.8. City is to be expressly included as an Additional Insured with
respect to liability arising out of operations performed for City by or
on behalf of Contractor or acts or omissions of Contractor in
connection with general supervision of such operation.
[ ] 8.1.2.9. Employee included as insured.
[ X ] 8.1.2.10. Contractual Liability.
[ X ] 8.1.2.11. Waiver of Subrogation.
[ X ] 8.1.2.12. Personal and Advertising Injury.
[ X ] 8.1.2.13. Loading and Unloading.
[ X ] 8.1.2.14.Mobile Equipment (Contractor's Equipment) whether owned,
leased, borrowed or rented by Contractor or employees of the
Contractor.
8.1.3. Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability
and Property Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability policy,
without restrictive endorsements, as filed by the Insurance Services Office, and
must include:
7.1.3.1.
7.1.3.2.
7.1.3.3.
7.1.3.4
Owned Vehicles.
Hired and Non -Owned Vehicles.
Employers' Non -Ownership.
Employees included as insured
Bid No. 11-12-003 Page 59
7.1.3.5 City of Miami as Additional Insured
[X ] 8.1.4. Umbrella Policy
7.1.4.1. Bodily injury and property damage liability with limits of Two Million
Dollars ($2,000,000) each occurrence and an aggregate limit of
Two Million Dollars ($2,000,000).
7.1.4.2. Products/Completed operations aggregate limit of Two Million
Dollars ($2,000,000).
Excess coverage over the policies as follows:
Commercial General Liability
4.Business Automobile Liability
8.1.5. Installation Floater for the installation of machinery and/or equipment into an
existing structure is required. The coverage shall be "AII Risk" coverage
including installation and transit for 100 percent of the "installed replacement cost
value," covering City as a named insured, with a deductible of not more than Five
Thousand Dollars ($5,000.00) each claim.
8.1.5.1. Cessation of Insurance --Coverage is not to cease and is to remain
in force (subject to cancellation notice) until final acceptance by
City.
8.1.5.2. Flood Insurance --When the machinery or equipment is located
within an identified special flood hazard area, flood insurance must
be afforded for the lesser of the total insurable value of such
buildings or structure, or, the maximum amount of flood insurance
coverage available under the National Flood Program.
[ X ] 8.1.5. Owners Contractors Protective — City of Miami — Limits of Liability for Bodily Injury &
Property Damage Liability shall be in the amounts of $1,000,000.00 for each occurrence
and $1,000,000.00 in the aggregate
[ X ] 8.1.6 Employer's Liability — Limits of Liability
$500,000 for bodily injury caused by accident, each accident
$500,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
8.1.7 Marine General Liability, including coverage for protection and liability in the amount of
$1,000,000
8.1.8 Pollution Liability in the amount of $1,000,000
8.1.9 Jones Act coverage for captain and crew
8.2. If the initial insurance expires prior to the completion of the work, renewal copies of
policies shall be furnished at least thirty (30) days prior to the date of their expiration.
8.3. Notice of Cancellation and/or Restriction --The policy(ies) must be endorsed to provide
City with at least thirty (30) days notice of cancellation and/or restriction.
8.4. Contractor shall furnish to the Public Works Department Certificates of Insurance or
endorsements evidencing the insurance coverage specified above within fifteen (15)
calendar days after notification of award of the Contract. The required Certificates of
Insurance shall name the types of policies provided, refer specifically to this Contract,
and state that such insurance is as required by this Contract.
8.5. The official title of the Owner is the City of Miami, Florida. This official title shall be used
in all insurance documentation.
Bid No. 11-12-003 Page 60
9. Labor and Materials:
9.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials,
labor, water, diesel, tools, equipment, light, power, transportation and other facilities and
services necessary for the proper execution and completion of the Work, whether
temporary or permanent and whether or not incorporated or to be incorporated in the
Work.
9.2. Contractor shall at all times enforce strict discipline and good order among its employees
and subcontractors at the Project site and shall not employ on the Project any unfit
person or anyone not skilled in the work to which they are assigned.
10. General Requirements
10.1. The employee(s) of the Contractor shall be considered to be at all times its employee(s),
and not an employee(s) or agent(s) of the City or any of its departments.
10.2. The Contractor agrees that the Contractor will at all times employ, maintain and assign to
the performance of the Project a sufficient number of competent and qualified personnel
to meet the requirements of the Work to be performed. The Contractor shall have
employed at the time of bidding sufficient numbers of competent and qualified employees
to meet the requirements of the Work to be performed, and upon request by the City, the
Contractor shall provide a list of these employees.
10.3. The Contractor agrees to adjust staffing levels or to replace any staff personnel if so
ordered by the City, should the City make a determination, in its sole discretion, that said
staffing is unacceptable or that any individual is not performing in a manner consistent
with the requirements for such a position.
10.4. The Contractor represents that its staff personnel have the proper skills, training,
background, knowledge, experience, rights, authorizations, integrity, character and
licenses as necessary to perform the Work, in a competent and professional manner.
10.5. The Contractor shall at all times cooperate with the City and coordinate its respective
Work efforts to most effectively and efficiently progress the performance of the Work.
10.7. The Contractor shall be responsible for the good condition of the Work or materials until
formal release from his obligations under the terms of this Contract.
10.8. Contractor shall bear all losses resulting to him on account of the amount or character of
the Work, or the character of the ground, being different from what he anticipated.
10.9 The Contractor shall at all times conduct the Work in such manner and in such sequence
as will insure the least practicable local interference.
11. Worker's Identification
The Contractor's employees, who include any subcontractor, shall wear an identification card
provided by the Contractor. The identification card shall bear the employee's picture, name, title
and name of the employer. Failure by a Contractor's employee to wear such identification may
result in his removal from the Work until such time as the identification card is obtained and worn.
Such removal shall not act as a basis for the Contractor to submit a claim for an extension of
time.
12. Royalties and Patents:
All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article,
material, arrangement, appliance, or method that may be used upon or in any manner be
connected with the construction of the Work or appurtenances, are hereby included in the prices
stipulated in this Contract for said Work.
Bid No. 11-12-003 Page 61
13. Weather:
No extensions to the Contract Period will be granted for weather related delays unless by a
hurricane, City declared emergency or other occurrences that result in the City issuing a Stop
Work Order.
14. Permits. Licenses and Impact Fees:
14.1. Except as otherwise provided within the Supplemental Conditions, all permits and
licenses required by federal, state or local laws, rules and regulations necessary for the
prosecution of the Work undertaken by Contractor pursuant to this Contract shall be
secured and paid for by Contractor. It is Contractor's responsibility to have and maintain
appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for
the jurisdiction in which the Work is to be performed for all persons working on the
Project for whom a Certificate of Competency is required.
14.2. Impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor.
Contractor shall be reimbursed only for the actual amount of the impact fee levied by the
municipality as evidenced by an invoice or other acceptable documentation issued by the
municipality. Reimbursement to Contractor in no event shall include profit or overhead of
Contractor.
15. Resolution of Disputes:
15.1 To prevent all disputes and litigation, it is agreed by the parties hereto that the Public
Works Director shall decide all questions, claims, difficulties and disputes of whatever
nature which may arise relative to the technical interpretation of the Contract Documents
and fulfillment of this Contract as to the character, quality, amount and value of any work
done and materials furnished, or proposed to be done or furnished under or, by reason
of, the Contract Documents and Contract Administrator's estimates and decisions upon
all claims, questions, difficulties and disputes shall be final and binding to the extent
provided in Article 15.2. Any claim, question, difficulty or dispute which cannot be
resolved by mutual agreement of City and Contractor shall be submitted to the City in
writing within twenty-one (21) calendar days. Unless a different period of time is set forth
herein, the Public Works Director shall notify the Contractor in writing of his/her decision
within twenty-one (21) calendar days from the date of the submission of the claim,
question, difficulty or dispute, unless the Public Works Director requires additional time to
gather information or allow the parties to provide additional information. All non -technical
administrative disputes shall be determined by the Contract Administrator pursuant to the
time periods provided herein. During the pendency of any dispute and after a
determination thereof, Contractor, and City shall act in good faith to mitigate any potential
damages including utilization of construction schedule changes and alternate means of
construction.
15.2. In the event the determination of a dispute under this Article is unacceptable to either
party hereto, the party objecting to the determination must notify the other party in writing
within ten (10) days of receipt of the written determination. The notice must state the
basis of the objection and must be accompanied by a statement that any Contract Value
adjustment claimed is the entire adjustment to which the objecting party has reason to
believe it is entitled to as a result of the determination. Within sixty (60) days after Final
Completion of the Work, the parties shall participate in mediation to address all objections
to any determinations hereunder and to attempt to prevent litigation. The mediator shall
be mutually agreed upon by the parties. Should any objection not be resolved in
mediation, the parties retain all their legal rights and remedies provided under State law.
A party objecting to a determination specifically waives all of its rights provided
hereunder, including its rights and remedies under State law, if said party fails to comply
in strict accordance with the requirements of this Article.
Bid No. 11-12-003 Page 62
16. Inspection of Work:
16.1. The City shall at all times have access to the Work, and Contractor shall provide proper
facilities for such access and for inspection.
16.1.1. Reexamination of any of the Work may be ordered by the City with prior written
approval by the Contract Administrator, and if so ordered, the Work must be
uncovered by Contractor. If such Work is found to be in accordance with the
Contract Documents, City shall pay the cost of reexamination and replacement
by means of a Change Order. If such Work is not in accordance with the
Contract Documents, Contractor shall pay such cost.
16.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the
provisions of the Contract Documents, nor to delay the Contract by failure to inspect the
materials and work with reasonable promptness without the written permission or
instruction of the City.
16.3. The payment of any compensation, whatever may be its character or form, or the giving
of any gratuity or the granting of any favor by Contractor to any inspector, directly or
indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a
breach of this Contract.
17. Authority Of The City Project Manager
17.1. The Contract Administrator hereby authorizes the Project Manager 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.
17.2. The Contractor shall be bound by all determinations or orders of the Project Manager and
shall promptly respond to requests of the Project Manager, including the withdrawal or
modification of any previous order, regardless of whether the Contractor agrees with the
Project Manager's determination or requests. Where requests are made orally, the
Project Manager will follow up in writing, as soon thereafter as is practicable.
17.3. The Project Manager shall have authority to act on behalf of the City to the extent
provided by the Contract, unless otherwise modified in writing by the City. All instructions
to the Contractor shall be issued in writing. AN instructions to the Contractor shall be
issued through the Contract Administrator or the Project Manager.
17.4. The Project Manager shall have access to the Work Site(s) at all times. The Contractor
shall provide safe facilities for such access so the Project Manager may perform their
functions under the Contract. The Project Manager will make periodic visits to the Work
Site to become generally familiar with the progress and quality of the Work, and to
determine if the Work is proceeding in accordance with the Contract Documents.
17.5. The Project Manager will not be responsible for Work means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the
Work, and will not be responsible for the Contractor's failure to carry out the Work in
accordance with the Contract.
17.6. The Project Manager will have authority to reject Work that does not conform to the
Contract requirements, whenever, in his or her opinion, it is considered necessary or
advisable to insure the proper implementation of the Contract. Neither The Project
Manager's authority to act under this paragraph, nor any decision made by him in good
faith either to exercise or not to exercise such authority, shall give rise to any duty or
responsibility of the Project Manager to the Contractor, any subcontractor, supplier or any
of their agents, employees, or any other person performing any of the Work.
17.7. All interpretations and recommendations of the Project Manager shall be consistent with
the intent of the Contract.
Bid No. 11-12-003 Page 63
17.8. The Project Manager will not be responsible for the acts or omissions of the Contractor,
any Sub -Contractor, or any of their agents or employees, or any other persons
performing any of the Work.
18. Superintendence a nd'Supervision:
18.1. Contractor shall keep on the Work during its progress, a full-time competent English
speaking superintendent and any necessary assistants, all satisfactory to the City. The
superintendent shall not be changed except with the written consent of the City, unless
the superintendent proves to be unsatisfactory to Contractor and ceases to be in its
employ. The superintendent shall represent Contractor and all directions given to the
superintendent shall be as binding as if given to Contractor and will be confirmed in
writing by the City upon the written request of Contractor. Contractor shall give efficient
supervision to the Work, using its best skill and attention. The City shall be provided
telephone number(s) for the superintendent where the superintendent can be contacted
during normal working hours as well as after hours for emergencies.
18.2. If in the course of prosecuting the Work, the Contractor finds any issues or conditions
affecting the performance of the Work, it is their duty to immediately inform the Project
Manager, in writing, and the Project Manager will promptly review the same. Any Work
done after such discovery, until authorized, will be done at Contractor's sole risk.
18.3. 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.
18.4 Contractor shall provide 24-hour a day, 7 day a week emergency contact numbers for the
superintendent and the superintendent's supervisor.
19. Methods Of Performing The Work
19.1. If, the Project Manager reasonably determines that the Work is not such as to insure its
completion within the approved schedule, or if, in the opinion of the Project Manager, the
Contractor is not proceeding with the Work diligently or expeditiously or is not performing
all or any part of the Work according to the progress schedule accepted by or determined
by the Project Manager, the Project Manager shall have the right to order the Contractor
to do either or both of the following: (1) improve its work force; and/or (2) improve its
performance in accordance with the schedule to insure completion of the Work within the
specified schedule. The Contractor shall immediately comply with such orders at no
additional cost to the City. The City at its sole option may also have Work performed by a
third party contractor and deduct such cost from any monies due the Contractor.
19.2. Where materials or equipment are transported in the performance of the Work, vehicles
shall not be loaded beyond the capacity recommended by the vehicle manufacturer or
permitted by Federal, State or local law(s). When it is necessary to cross curbing or
sidewalks, protection against damage shall be provided by the Contractor and any
damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense
of the Contractor to the satisfaction of the Project Manager.
20. City's Right to Terminate Contract:
20,1. If Contractor fails to begin the Work within fifteen (15) calendar days after the
commencement date as indicated in the Notice to Proceed, or fails to perform the Work
with sufficient workers and equipment or with sufficient materials to insure the prompt
completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected
as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to
the accepted schedule or if Contractor shall fail to perform any material term set forth in
the Contract Documents or if Contractor shall become insolvent or be declared bankrupt,
or commit any act of bankruptcy or insolvency, or shall make an assignment for the
Bid No. 11-12-003 Page 64
benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an
acceptable manner, Contract Administrator may give notice in writing to Contractor and
its Surety of such delay, neglect or default, specifying the same. If Contractor, within a
period of five (5) calendar days after such notice, shall not proceed in accordance
therewith, the City will terminate the services of Contractor, exclude Contractor from the
Work Site(s) and take the prosecution of the Work out of the hands of Contractor, and
appropriate or use any or all materials and equipment on the Project site as may be
suitable and acceptable. In such case, Contractor shall not be entitled to receive any
further payment until the Work is completed. In addition City may enter into an
agreement for the completion of the Work according to the terms and provisions of the
Contract Documents, or use such other methods as in City's sole opinion shall be
required for the completion of the Work in an acceptable manner. All damages, costs
and charges incurred by City, together with the costs of completing the Work, shall be
deducted from any monies due or which may become due to Contractor. In case the
damages and expenses so incurred by City shall exceed the unpaid balance, then
Contractor shall be liable and shall pay to City the amount of said excess. In such event,
the contractor shall be liable for damages including the excess cost of procuring similar
supplies or services: provided that if, (1) it is determined for any reason that the
Contractor was not in default or (2) the Contractor's failure to perform is without his or his
subcontractor's control, fault or negligence, the termination will be deemed to be a
termination for convenience of the City of Miami.
20.2. If after notice of termination of Contractor's right to proceed, it is determined for any
reason that Contractor was not in default, the rights and obligations of City and
Contractor shall be the same as if the notice of termination had been issued pursuant to
the Termination for Convenience clause as set forth in Article 20.3 below.
20.3. This Contract may be terminated for convenience in writing by the City Manager or the
City Commission upon ten (10) days written notice to Contractor (delivered by certified
mail, return receipt requested, hand delivery or courier) of intent to terminate and the date
on which such termination becomes effective. In such case, Contractor shall be paid for
all work executed and expenses incurred prior to termination. Payment shall include
reasonable profit for work/services satisfactorily performed. No payment shall be made
for profit for work/services, which have not been performed.
20.4. Upon receipt of Notice of Termination pursuant to the above, Contractor shall promptly
discontinue all affected work unless the Notice of Termination directs otherwise and
deliver or otherwise make available to City all data, drawings, specifications, reports,
estimates, summaries and such other information as may have been required by the
Contract Documents whether completed or in process.
21. Assignment:
Neither party hereto shall assign the Contract or any subcontract in whole or in part without the
written consent of the other, nor shall Contractor assign any monies due or to become due to it
hereunder, without the previous written consent of the City Commission.
22. Contractor's Use Of Work Site(s)
22.1. Limitations may be placed on the Contractor's use of the Work Site and such limitations
will be identified by the City.
22.2. The Contractor shall limit its use of the Work Site(s), so as minimize impact and
disruption to the surrounding areas and residents
21.2.1 The Contractor shall:
a. Confine operations at the Work Site to the areas permitted by the Project
Manager; not disturb portions of the Work Site beyond the specified areas;
conform to Work Site rules and
Bid No. 11-12-003 Page 65
b. Assume all responsibility for its tools, equipment and materials, including any
materials purchased for the Work, and its vehicles while performing Work for the
City and/or while parked at a City facility. The City assumes no liability for
damage to the items specified in this paragraph.
c. Access to and egress from the Work Site(s) shall be subject to the approval of
the Contract Administrator or the Project Manager
23. Interfering Structures and Property
Take necessary precautions to prevent damage to existing structures and property when
accessing the Work Site(s). The Contractor is solely responsible for any damage to personal,
City or other public property.
24. Site Investigation and Representation
24.1 The Contractor acknowledges that it has satisfied itself as to the nature and location of
the Work, the general and local conditions, particularly those bearing upon availability of
transportation, disposal, handling and storage of materials, availability of labor, water,
electric power, roads, and uncertainties of weather, the conformation and conditions at
the ground, the type of equipment and facilities needed preliminary to and during the
prosecution of the Work and all other matters which can in any way affect the Work or the
cost thereof under the Contract Documents.
24.2 The Contractor further acknowledges that he has satisfied himself as to the character,
quality, and quantity of surface and subsurface materials to be encountered from
inspecting the site and from evaluating information derived from exploratory work that
may have been done by the City or included in the Contract Documents. Any failure by
the Contractor to acquaint himself with all the available information will not relieve him
from responsibility for properly estimating the difficulty or cost thereof under the Contract
Documents.
25. Contractor's Responsibility for Damages and Accidents:
Contractor shall be responsible for all materials, equipment and supplies pertaining to the Work.
The City. assumes no responsibility or liability in the event any such materials, equipment and
supplies are lost, stolen, damaged or destroyed.
26. Accidents
The Contractor shall provide such equipment and facilities as are necessary or required, in the
case of accidents, for first aid service to persons who may be injured during the Project duration.
The Contractor shall also comply with the OSHA requirements as defined in the United States
Labor Code 29 CFR 1926.50.
In addition, the Contractor must report immediately to the Project Manager every accident to
persons or damage to property, and shall furnish in writing full information, including testimony of
witnesses regarding any and all accidents.
27. Safety Precautions
27.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Project. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
27.1.1.AI1 employees on the Work Site(s) and other persons who may be affected
thereby;
Bid No. 11-12-003 Page 66
27.1.2 Other property at the Work Site(s) or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated
for removal, relocation or replacement in the course of construction.
27.2. Contractor shall besignate a responsible member of its organization at the Work Site(s)
whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to City.
27.3. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders
of any public body having jurisdiction for the safety of persons or property or to protect
them from damage, injury or loss; and shall erect and maintain all necessary safeguards
for such safety and protection. Contractor shall notify owners of adjacent property and
utilities when prosecution of the work may affect them. All damage, injury or loss to any
property referred to in the Contract Documents, caused directly or indirectly, in whole or
in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any
of them or anyone for whose acts any of them may be liable, shall be remedied by
Contractor. Contractor's duties and responsibilities for the safety and protection of the
Work shall continue until such time as all the Work is completed the City has issued a
notice to City and Contractor a notice of Final Acceptance.
27.4 Contractor must adhere to the applicable environmental protection guidelines for the
duration of the Contract. If hazardous waste materials are used, detected or generated
at any time, the Project Manager must be immediately notified of each and every
occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and
other legal requirements of public authorities (including OSHA, EPA, DERM, the City,
Miami -Dade County, State of Florida, and Florida Building Code), which bear on the
performance of the Work.
27.5. The Contractor shall take the responsibility to ensure_ that all Work is performed using
adequate safeguards.
27.6 If an emergency condition should develop during the Work, the Contractor must
immediately notify the Project Manager of each and every occurrence. The Contractor
should also recommend any appropriate course(s) of action to the Project Manager.
28. Warranty of Materials:
Contractor warrants to City that all materials furnished under this Contract will be new unless
otherwise specified and that all of the Work will be of good quality, free from defects and in
conformance with the Contract Documents. All Work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered defective. If
required by the Project Manager, Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment. This warranty is not limited by any other provisions within the
Contract Documents.
29. Manufacturer's Instructions
29.1. The Contractor shall:
29.1.1. Comply with manufacturer's requirements for the handling, delivery and use of
all materials. Where required by the Contract Documents, Contractor shall
submit manufacturer's printed instructions and MSDS documents to the City.
29.1.2. Comply with the manufacturer's applicable instructions and recommendations
for the performance of the Work, to the extent that these instructions and
recommendations are more explicit or more stringent than requirements
indicated in the Contract.
29.1.3. Inspect materials prior to use and reject materials not meeting the
requirements of the Contract Documents.
Bid No. 11-12-003 Page 67
30. Manufacturer's Warranty
Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied,
shall be made available to the City for material and equipment covered by this Contract. All
material and equipment furnished shall be fully guaranteed by the successful Bidder against
factory defects and workmanship. At no expense to the City, the Contractor shall correct any and
all apparent and latent defects that may occur within the manufacturer's standard warranty. The
Supplemental Conditions of the Contract Documents may supersede the manufacturer's standard
warranty. Manufacturer's warranties will become effective upon final completion of the Project.
31. Defective Work:
31.1. The Project Manager shall have the authority to reject or disapprove work which the
Project Manager finds to be not in compliance with the Contract Documents. If required
by Project Manager, Contractor shall promptly either remove or correct all defective
Work. Contractor shall bear all direct, indirect and consequential costs of such
corrections including cost of materials, equipment, and personnel.
31.2. Should Contractor fail or refuse to remove or correct any defective work or to make any
necessary repairs in accordance with the requirements of the Contract Documents within
the time indicated in writing by the Project Manager, the City shall have the authority to
cause the defective Work to be corrected, or make such repairs as may be necessary at
Contractor's expense. Any expense incurred by City in making such corrections or
repairs, shall be paid for out of any monies due or which may become due to Contractor.
In the event of failure of Contractor to make all necessary repairs promptly and fully, City
may declare Contractor in default.
32. 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.
33. Subcontracts
33.1. Contractor shall not employ any subcontractor against whom City may have a reasonable
objection. Contractor shall not be required to employ any subcontractor against whom
Contractor has a reasonable objection.
33.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and
of persons directly or indirectly employed by its subcontractors and of persons for whose
acts any of them may be liable to the same extent that Contractor is responsible for the
acts and omissions of persons directly employed by it. Nothing in the Contract
Documents shall create any contractual relationship between any subcontractor and City
or any obligation on the part of City to pay or to see the payment of any monies due any
subcontractor. The City may furnish to any subcontractor evidence of amounts paid to
Contractor on account of specific Work performed.
33.3. Contractor agrees to bind specifically every subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of City.
33.4 Contractor shall complete Attachment B identifying all Sub -Contractors.
33.5. Multi -tier subcontracting is not permitted. Contractor shall not authorize subcontractors to
further subcontract any portions of the Work.
33.6 The work performed by all subcontractors shall be no more than 10% of the total work for
this Contract.
Bid No. 11-12-003 Page 68
34. Separate Contracts:
34.1. City reserves the right to let other contracts in connection with this Work. Contractor shall
afford other persons reasonable opportunity for the execution of their work and shall
properly connect and coordinate this Work with theirs.
34.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the
prosecution of the Work so as to create no interference or impact on the public or
businesses. Should such interference or impact occur, Contractor shall be liable for the
cost of such interference or impact.
35. Continuing the Work:
Contractor shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with City, including disputes or disagreements concerning a request for a Change
Order, a request for a change in the Contract Value or Contract Term. The Work shall not be
delayed or postponed pending resolution of any disputes or disagreements.
36. Changes in the Work or Terms of Contract Documents:
36.1. Without invalidating the Contract, City reserves and shall have the right, from time to time
to make such increases, decreases or other changes in the character or quantity of the
Work as may be considered necessary or desirable to complete fully and acceptably the
Work in a satisfactory manner. Any extra or additional work within the scope of this
Contract must be accomplished by means of appropriate Field Orders or Change Orders.
36.2. Any changes to the terms of the Contract Documents must be contained in a written
document, executed by the parties hereto, with the same formafty and of equal dignity
prior to the initiation of any work reflecting such change. This section shall not prohibit the
issuance of Change Orders executed only by City as hereinafter provided.
37. Supplemental lnstructions:
The Project Manager shall have the right to approve and issue Supplemental Instructions setting
forth written orders, instructions, or interpretations concerning the Contract Documents or its
performance, provided such Supplemental Instructions involve no change in the Contract Value
or the Contract Term.
38. Field Directives
The Project Manager may at times issue field directives to the Contractor based on visits to the
Project Site. Such Field Directives shall be issued in writing and the Contractor shall be required
to comply with the directive. Where the Contractor believes that the directive is outside the
Scope of the Work, the Contractor shall, within 48 hours, notify the Project Manager that the Work
is outside the Scope of the Work. At that time the Field Directive may be rescinded or the
Contractor may be required to submit a request for a change to the Contract. Where the
Contractor is notified of the City's position that the Work is within the scope and the Contractor
disagrees, the Contractor shall notify the Project Manager and the Contract Administrator that the
Contractor reserves the right to make a claim for the time and monies based on the Field
Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply
with the directive may result in a determination that the Contractor is in default of the Contract.
The contractor will take direction only from the Project Manager, Director of Public Works,
Assistant Director of Public Works or the City Manager. The contractor will not take direction
from elected officials or other City personnel.
39. Change Orders:
39.1. Changes in the quantity or character of the Work within the scope of the Work which are
not properly the subject of Field Orders or Supplemental Instructions, including all
Bid No. 11-12-003 Page 69
changes resulting in changes in the line item prices, Contract value, or the Contract
Term, shall be authorized only by Change Orders approved in advance and issued in
accordance with the provisions of the City.
39.2. All changes to construction contracts must be approved in advance in accordance with
the value of the Change Order or the calculated value of the time extension. All Change
Orders with a value of $25,000 or more shall be approved in advance by the City
Commission. All Change Orders with a value of less than $25,000 shall be approved in
advance by the City Manager or his designee.
39.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in
the Contract Price or Contract Time, and a Change Order has not been issued, City
reserves the right at its sole option to either terminate the Contract as it applies to the
items in question and make such arrangements as may be deemed necessary to
complete the disputed work; or submit the matter in dispute as set forth in Article 15
hereof. During the pendency of the dispute, and upon receipt of a Change Order
approved by City, Contractor shall promptly proceed with the change in the Work
involved and advise the Project Manager and Contract Administrator in writing within
seven (7) calendar days of Contractor's agreement or disagreement with the method, if
any, provided in the Change Order for determining the proposed adjustment in the line
item pricing, Contract Value or Contract Term.
39.4. Under circumstances determined necessary by City, Change Orders may be issued
unilaterally by City.
40. Value of Change Order Work:
40.1. The value of any work covered by a Change Order or of any claim for an increase or
decrease in the Contract Value shall be determined in one of the following ways:
40.1.1. By mutual acceptance of an increase or decrease in line item price(s) which
Contractor and City acknowledge contains a component for overhead and
profit.
40.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge
contains a component for overhead and profit.
40.1.3. The addition of new line item prices.
41. No Damages for Delay:
No claim for damages or any claim, other than for an extension of time, shall be made or asserted
against City by reason of any delays except as provided herein. Contractor shall not be entitled
to an increase in the Contract Value or payment or compensation of any kind from City for direct,
indirect, consequential, impact or other costs, expenses or damages, including but not limited to
costs of acceleration or inefficiency, arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance
be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable;
provided, however, that this provision shall not preclude recovery of damages by Contractor for
actual delays due solely to fraud, bad faith or active interference on the part of City.
42. Force Majeure
42.1 Should any failure to perform on the part of Contractor be due to a condition of force
majeure as that term is interpreted under Florida law, the City may allow an extension of
time reasonably commensurate with the cause of such failure to perform or cure.
42.2 If the Contractor is delayed in performing any obligation under this Contract due to a
force majeure condition, the Contractor shall request a revision of the schedule to the
City within two (2) working days of said force majeure occurrence. Any revision of the
schedule shall be subject to mutual agreement and shall not be cause for any claim by
the Contractor for extra compensation unless additional work is required. Does Not
Bid No. 11-12-003 Page 70
Include inclement weather except as permitted by Florida law or the acts or omissions of
Sub -Contractors, etc.
43. No Interest
Any monies not paid by City when claimed to be due to Contractor under this Agreement,
including, but not limited to, any and all claims for contract damages of any type, shall not be
subject to interest including, but not limited to prejudgment interest. However, the provisions of
Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid
and proper invoices.
44. Material Safety Data Sheets and Product Data
44.1 Contractor shall submit four copies of the Material Safety Data Sheets (MSDS) and other
of product data for all materials to be used in the perormance of the Work. Each copy
must be marked to identify applicable products, and other data. Contractor shall
supplement manufacturer's standard data to provide information unique to the Work.
44.2 Contractor shall submit only pertinent MSDS and product data information. Submittals
shall be marked to identify pertinent products, with references to the specifications and
the Contract Documents.
44.3 The City may reject materials to be used in the performance of the Work where the
MSDS and product data submitted result in the City determining that the materials do not
meet the requirements of the Contract
45. Stop Work Order
45.1. The City may, at any time, by written order to the Contractor, require the Contractor to
stop all, or any part, of the Work for a period of up to ninety (90) days (or any lesser
period), commencing no sooner than the date the order is delivered to the Contractor,
and for any further period to which the parties may agree. Any such order shall be
specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within
the period of ninety (90) days (or the lesser period specified) after a Stop Work Order is
delivered to the Contractor, or within any extension to which the parties have agreed the
City shall either:
43.1.1. Cancel the Stop Work Order; or
43.1.2. Terminate the Work covered by such order as provided in Article 20.3.
45.2. If a Stop Work Order issued under this Article is canceled or the period of the order or
any extension thereof expires, the Contractor shall resume the Work without
com pensation
46. Cleaning Up; City's Right to Clean Up:
Contractor shall at all times keep the premises free from accumulation of waste materials or
rubbish caused by its operations. At the completion of the Work, Contractor shall remove all its
waste materials and rubbish from and about the Work Site(s) as well as its tools, equipment,
machinery and surplus materials. If Contractor fails to clean up during the prosecution of the
Work or at the completion of the Work, City may do so and the cost thereof shall be charged to
Contractor. If a dispute arises between Contractor and separate contractors as to their
responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors
responsible therefore as the City shall determine to be just.
47. Nondiscrimination, Equal Employment Opportunity. and Americans with Disabilities Act:
Contractor shall not unlawfully discriminate against any person in its operations and activities or
in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall
affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in
the course of providing any services funded by City, including Titles I and II of the ADA (regarding
nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and
Bid No. 11-12-003 Page 71
standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in
employment against disabled persons.
Contractor's decisions regarding the delivery of services under this Agreement shall be made
without regard to or consideration of race, age, religion, color, gender, sexual orientation, national
origin, marital status, physical or mental disability, political affiliation, or any other factor which
cannot be lawfully used as a basis for service delivery.
48. Contingency Allowance
The City has established a Contingency Allowance for this Project, which shall be reflected in the
total contract sum. This allowance account is for use at the sole discretion of the City and shall
only be distributed through the issuance of a change order approved by the City. Contractor has
no entitlement to these funds as a result of the award of the Contract by the City.
49. Payment and Performance Bond
A 100% payment and performance bond is required for this project. Refer to Section 008000,
Article 4.
50. Davis Bacon Act
This project is not subject to the Davis Bacon Act.
51. Pricing and Payment
Bidders shall include in their bid all taxes, insurances, social security, workman's compensation,
and any other benefits normally paid by the bidder to its employees. No overtime will be
authorized by the City which exceeds the rates quoted in this solicitation or not authorized by the
City. Payments will be made monthly, in arrears, for services rendered the previous month, upon
submission of property certified invoices and/or approved inspection reports. All such information
shall be provided to the City Engineer for his/her approval in advance of payment. The contractor
shall pay his/her employees performing work under this contract not less than the federal
minimum wage in effect at the time of the contract.
52. Materials and Equipment
The bidder shall furnish, at his/her own expense, all equipment, materials or supplies, including
disposal fees, trash bags, oil, water, etc. necessary for completion of all the services specified in
this bid. The equipment shall include but not be limited to landscaping equipment, bucket trucks,
wood chipper, dump trucks, crane, etc. all as necessary to complete the work. The item price
must include the disposal of all debris and litter collected by the scope of this contract and no
additional compensation will be allowed. The contractor is not allowed to use the City's rights of
ways for storage of any material related to this contract.
53. Method of Award
This contract may be awarded to the two (2) lowest most responsive and responsible bidders for
all the Bid Items included in this contract, and whose bid conforms to the specifications and is
most advantageous to the City.
Award shall be based upon the pricing indicated on the Bid Form, pursuant to the Specifications.
The City may select two (2) bidders, with the lowest deemed the "primary vendor" and the next
lowest the "secondary vendor", in the order of overall lowest prices provided to the City. Should
the primary vendor not be able to provide the necessary service at the time needed or the
required work is beyond the ability or expertise of the primary vendor or the primary vendor fails
to perform as per Section 7 of the Public Works Construction Standards, the City has the option
to select the secondary vendor whom will be offered the work to complete in a timely manner.
The City additionally reserves the option to obtain quotes from either of the awarded vendor(s) for
a specific project(s) prior to the provision of the same. Should the City determined the primary
vendor's quote too high or incomplete, the City has the right to obtain a quote from the secondary
Bid No. 11-12-003 Page 72
vendor, in order to obtain the required service in the most expedient manner and at the lowest
possible.
54. Additions/Deletions of Services Required
Although this contract identifies specific terms and special conditions for work, it is hereby agreed
and understood that any other services may be added/deleted to/from this contract at the option
of the City or any government agency may utilize the same terms, conditions, and pricing by
approval from the bidder. The City of Miami will not be responsible for any agency outside the
City of Miami.
When an addition to the contract is required, the successful bidder under this contract shall be
invited to submit price quotes for any new service. If the quotes are comparable with market
prices offered for similar work as described in this contract, they shall be added to the contract
whichever is in the best interest of the City of Miami and an addendum and a separate purchase
order or change order shall be issued by the City.
55. Estimated Quantities
Engineering estimated quantities or estimated dollar value are provided for bidder's guidance
only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. The City is not obligated to place an order for any given amount subsequent to
the award of this bid. Said engineering estimate may be used by the City for purposes of
determining the low bidder meeting specifications. The City reserves the right to acquire
additional quantities at the prices bid or at lower prices.
56. Emergency / Disaster Performance
In the event of a hurricane or other emergency or disaster situation, the successful bidder(s) shall
provide the City with the commodities/services defined within the scope of work for this bid at the
price contained within his/her bid amount. Further, the successful bidder shall deliver/perform for
the City on a priority basis during such times of emergency.
57. Contract Hierarchy
All of the documents incorporated by the Contract Documents shall govern this Project. Where
there is a conflict between any provision set fo7th within the Contract Documents and a more
stringent state or federal provision which is applicable to the Contract Documents exists, the more
stringent provision shall prevail. The order of hierarchy within the Contract Documents shall be
the Contract, Scope of Work, Supplemental Conditions, General Conditions, and last shall be the
Instructions to Bidders.
58. Third Party Beneficiaries
Neither Contractor nor the City intends to directly or substantially benefit a third party by this
Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract
and that no third party shall be entitled to assert a claim against either of them based upon this
Contract. The parties expressly acknowledge that it is not their intent to create any rights or
obligations in any third person or entity under this Contract.
59. Warranty, Fitness for Purpose
The contractor warrants the materials supplied and the work performed under this contract
conform to warranty materials provided and work performed for one (1) year from date of
completion.
In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its
products and/or service against faulty labor and/or defective material for a minimum period of
one (1) year after the date of acceptance of the labor, materials and/or equipment by the City.
This warranty requirement shall remain in force for the full one (1) year period; regardless of
whether the contractor is under contract with the City at the time of any defect. Any payment by
the City on behalf of the goods or services received from the contractor does not constitute a
waiver of these warranty provisions.
Bid No. 11-12-003 Page 73
The contractor shall be responsible for promptly correcting any deficiency, at no cost to the City,
within five (5) calendar days after the City notifies the contractor of such deficiency in writing. If
the contractor fails to honor the warranty and/or fails to correct or replace the defective work or
items within the period specified, the City may, at its discretion, notify the contractor, in writing,
that the bidder may be debarred as a City bidder/proposer and/or subject to contractual default if
the corrections or replacements are not completed to the satisfaction of the City within ten (10)
calendar days of receipt of the notice. If the contractor fails to satisfy the warranty within the
period specified in the notice, the City may (a) place the contractor in defaults of its contract,
and/or (b) procure the products or services from another contractor and charge the contractor for
any additional costs that are incurred by the City for this work or items; either through a credit
memorandum or through invoicing.
Bid No. 11-12-003 Page 74
01000 SUPPLEMENTAL CONDITIONS
01001 SCOPE OF WORK
The purpose of this Contract is to provide the City of Miami with a Contractor to clean out the
City's storm sewer- infrastructure, which consists of storm sewer catch basins, manholes,
drainage wells, box structures, auger hole structures, cover ditches, French drains, open joint
pipe systems and cross pipes within the City. The work to be performed consist of furnishing
labor and cleaning equipment for cleaning, flushing and vacuuming storm facilities and restoring
them to original capacity as directed by the Engineer. In addition, there will be television
inspection, if necessary, to assess the storm sewer infrastructure conditions. The cleaning of 50
deep drainage wells (min. 100 ft. deep) shall be accomplished by using the compressed air -jetting
method or approved equal. All cleaning and inspection of the existing storm sewer system must
be documented using GIS and with a GIS compatible software to be provided to the city before
final invoice. Please contact Regina Hagger, GIS Coordinator at (305) 416-1749 for additional
information.
The project consists of the removing, hauling and disposing of the debris and materials deposited
in the catch basins, inlets, manholes and adjacent pipes and all drainage system citywide
including permit costs. Proper disposal, testing and hauling of removed material will be the
responsibility of the selected contractor. The debris will be disposed at the nearest Miami -Dade
landfill facility after all required environmental testing of the material are performed.
The selected contractor shall be responsible for his own water to perform the cleaning as
necessary. Contractor is responsible for taking pictures before and after the cleaning of each
structure. These photos may be provided to the City at the request of the City Engineer on a CD
or on paper. The photos may be part of the monthly invoice submitted for payment.
There will be a specific location where the vactor trucks will be allowed to decant in the City of
Miami. This storm sewer system will be thoroughly cleaned once the contractor finishes with the
designated area. All work must be coordinated with the City Engineer.
01002 LOCATION
The project is located citywide, north of Flagler Street. The cleaning of the storm sewer system
shall occur at all City of Miami roadways. Contractor is not to clean the storm sewer infrastructure
located on a State or County roadways.
01003 TRAFFIC CONTROL
Traffic will be controlled by the Traffic Section of the City of Miami Department of Police, and
Department of Public Works during construction. Traffic shall be maintained at all times where
directed by the City Engineer. A traffic permit from the Department of Police will be required.
Sufficient lights, barricades and traffic signs shall be provided, placed and maintained by the
contractor at all times in order to properly safeguard traffic and the public. Traffic shall be
maintained at all times, where directed by the City Engineer. In the event that any street must be
closed to traffic or detoured, it shall be closed or detoured only after approval of the Department
of Police and the Department of Public Works of the City of Miami, and after notifying the City of
Miami Fire Department.
The following additional requirements will also be enforced:
Bid No. 11-12-003 Page 75
All traffic control devices used on local street construction shall conform to the standards and
specifications of Metro Traffic Division.
Steel plates or bridging capable of supporting H-20 loading and temporary asphalt pavement
shall be used where necessary to comply with these requirements.
All cost for traffic control, shall be included in other parts of the work.
01004 DESCRIPTION OF PROPOSAL
The proposal has been broken up into various bid items for convenience in evaluating bids, and
administering the contract. The price quoted for each lump sum and unit price item shall include
all costs for labor, materials, and equipment necessary to construct the improvements in
accordance with the specifications. Items of work not specifically mentioned but necessary to
create a finished and complete work product shall be assumed to be a part of one or more
Proposal Items and shall be furnished at no extra cost to the City.
The price bid for each individual proposal item shall include all costs for materials, equipment and
labor to perform the work meeting code requirements and accepted standards of good
workmanship and including permit costs, water, environmental testing, Miami -Dade County
dumping fee and police department permit.
BASE BID is the sum of Proposal Items 1 through 10 fora one year period..
TOTAL BID is twice the Base Bid price for a two year period.
01005 DESCRIPTION OF BID ITEMS
Bid Items 1 through 6 are unit price bid items for the cleaning (desilting) of structures and storm
sewer pipes including permit .
Item 7 is for a linear foot cost for televising the interior of the pipes and structures, if necessary.
Item 8 is for cleaning the deep drainage wells by using compressed air -jetting method, or
approved equal. The cleaning of the 50 deep drainage wells shall be using an air compressor and
cleaning a minimum of 100 feet of drainage well, at any pipe size.
Item 9 is for a complete supply of the GIS data collected for each storm sewer system cleaned
and inspected by contractor and must be compatible with the Department's GIS database.
Item 10 is for Special Provisions. Please refer to Section 00800.
01006 EQUIPMENT
(A) HYDRAULIC CLEANING AND WET VACUUM
Hydraulic cleaning and wet vacuum, single unit vehicles or one self-contained vehicle having a
Multi -Flow system capable of providing 45 to 80 GPM at a minimum of V2,000 p.s.i. jet pressure
with 500 ft. hose (1"), having adequate vacuum power to clean inlets , a 5 cubic yard (minimum)
dump bin and a 1,000 gallon (minimum) water tank, will be required unless otherwise approved or
directed by the City Engineer.
All equipment shall be kept in good operating condition and shall be maintained to properly
perform the work.
(B) OPERATIONS
Bid No. 11-12-003 Page 76
Hydraulic cleaning and vacuum removal shall be performed under one of the following types:
a) Inlet Cleaning and storm sewer cleaning (desilting)
This stands for cleaning of the entire inlet whether it be a curb inlet, catch basin, manhole, auger
hole, box structure, etc. and cleaning all pipes, French drains, cover ditches, open joint systems,
etc. Contractor is responsible for taking pictures before and after the cleaning of each structure.
These photos may be provided to the City at the request of the City Engineer on a CD or on
paper. The photos may be part of the monthly invoice submitted for payment.
There will be a specific location where the vector trucks will be allowed to decant in the City of
Miami. This storm sewer system will be thoroughly cleaned once the contractor finishes with the
designated area. All work must be coordinated with the City Engineer.
b) Televising
This stands for the video inspection of the inside of the pipes, if necessary. Any request for
televising shall be approved by the City Engineer. A compact disk shall be submitted with the
results of the investigation per location.
c) GIS Data Collection
This stands for data collection of the storm sewer system cleaned and inspected by the selected
contractor. The GIS data must be compatible with the City's GIS and must be provided prior to
final invoice. Any questions related to the GIS database, please contact Mr. Regina Nagger at
(305) 416-1749.
An acceptable GIS database consist of inlet number per City of Miami database, manhole
number per City of Miami database, cross pipe diameter from manhole to inlet, French drain with
diameter form manhole to manhole, etc. with latitude and longitude, with date of inspection, and
report of any hazardous materials found, if any. The city will provide the original GIS data layer
from which the contractor must update once each storm sewer structure and pipe is cleaned.
And, there may be additional structures to be added to the city's layer. It is the responsibility of
the contractor GIS coordinator to update the layer and present it to the city for final approval.
(C) CREWS
The contractor shall provide a minimum of two (2) crews at at times. Each complete crew shall
consist of a minimum of a driver and helper or operator with the necessary vacuum trucks,
manpower, materials, GIS equipment for data recording and other support needed for the work.
If the contractor fails to begin the work under the contract within the time specified in the "Notice
to Proceed, or fails to perform the work with sufficient workmen and equipment or with sufficient
material to assure the prompt completion of the work assigned, or discontinues the prosecution of
the work, or fails to resume work which has been discontinued within a reasonable time after
notice to do so, or becomes insolvent or is declared bankrupt, or files for reorganization under the
bankruptcy or insolvency code, or for any other cause whatsoever, fails to carry on the work in an
acceptable manner, of if the surety executing the bond, becomes unsatisfactory in the opinion of
the City, the Engineer will give notice in writing to the Contractor and his surety of such delay,
neglect or default. Continuous failure by the contractor to complete work orders in a timely
fashion may result in the City not issuing further work orders and or cancellation of this contract.
The lack of equipment or unsuitability of said equipment shall not be an acceptable reason for
falling behind schedule.
Bid No. 11-12-003 Page 77
(D) COMPRESSED AIR —JET METHOD
The method for cleaning the deep drainage wells consists of using compressed air and jetting
inside the 50 drainage well at a depth of 100 feet minimum. The compressed air — jetting method
must be used for the cleaning of the deep wells. Any other method must be approved by City
Engineer. The contractor shall provide its own compressor, hoses, water, truck, etc. for this item
and no additional compensation shall be allowed.
01007 REVISIONS TO GENERAL CONDITIONS
(A) 7-10 INSURANCE
The Bidder is alerted to the fact that All -Risk Builder Risk Insurance will not be required on this
job.
(B) 7-14 SIGNS
Delete description of a sign as stated in this paragraph and provide one construction sign in
accordance with Sketch Misc. 35-89-5-R bound in Division 5 of these Specifications, at each
location where construction is in progress.
(C) 8-1 HELD OFFICE
A field office will not be required.
(D) FAILURE TO COMPLETE WORK ON TIME
Add the following to Section 6-9:
If the Contractor's performance of this Contract is delayed by acts of the owner or other
subcontractors, suppliers and contractors, materialmen, architects and/or engineers, the
Contractor may request an extension of time from the owner in writing within twenty days of the
event by which the delay occurred, but the Contractor shall not be entitled to an increase in the
Contract price or claims or damages because of the delay or because of any acceleration in its
work.
(E) 9-5 PARTIAL AND FINAL PAYMENTS
The Contractor shall supply to the Engineer, no later than the date of the Pre -Construction
Meeting, or ten (10) days before the start of construction, whichever is later, a complete list of all
subcontractors to be used on the project. Authorization to deviate from this list shall be
requested and secured from the Engineer in writing
before any substitutions are allowed. All pay requests, except the first draw, shall be
accompanied by duly executed affidavits or releases of claim, as stated in this section, from all
subcontractors who appear in the above list. In the event no subcontractors perform work during
a specific period covered by a monthly pay request, said pay request shall be accompanied by an
affidavit certifying same. Failure of Contractor to obtain final releases of lien within six (6) months
of substantial completion (said date of substantial completion to be determined by the Architect
of Record and/or the Engineer) will entitle the City to deposit any retained funds in an escrow
account for the Contractor's benefit. The Contractor shall not be entitled to any interest on said
retained funds and agrees to waive any claims for prejudgment and/or postjudgment interest.
Additionally, the City will be entitled to charge reasonable administrative expenses for the
Bid No. 11-12-003 Page 78
administration of said escrow account, said expenses to be deducted from the escrow fund. After
the expiration of six (6) months from the date said funds are deposited in an escrow account, if
the Contractor has still failed to obtain final releases of lien, any retained sums shall be forfeited
by the Contractor and said sums shall become the property of the City for its sole use.
(F) 6-9a NO DAMAGES FOR DELAY
No payment, compensation, increase in contract price or adjustment of any kind (other than the
extension of time provided for) shall be made to the Contractor for damages because of
hindrances, disruptions or delays from any cause whatsoever in the progress of the work,
including, but not limited to, hindrances, disruptions or delays caused by acts of the owner, other
contractors, subcontractors, suppliers, materialmen, architects and/or Engineers whether such
hindrances, disruptions or delays be avoidable or unavoidable. The Contractor agrees that he will
make no claim for compensation, damages or mitigation of liquidated damages for any such
delays, or acceleration in the work, and will accept in full satisfaction for such delays, disruptions,
hindrances or acceleration in the work said extension of time.
01008 ADDITIONS AND REVISIONS TO INSTRUCTION TO BIDDERS
(A) PAYMENT ITEMS: Any work not specifically mentioned in the payment Items listed in the
Proposal, but indicated on the Plans and/or Specifications, shall be considered as incidental to
one or more of the payment Items, and no claim for additional compensation will be allowed.
The Bidder shall not add to the listed Items nor combine any of the Items.
01009 PROVISIONS FOR SPECIAL ITEMS
To provide a fund for contingent work described below, the Contractor shall include in his
Proposal under Item No. 10 "Provisions for Special Items", the Cash Allowance Sum of Five
Thousand Dollars ($5,000.00). This fund shall be used to pay for the following when not provided
for on the Plans, in the Specifications, or in another Item of the Proposal:
(A) The necessary adjustments or relocation of Miami -Dade Water and Sewer Authority
water mains, which may or may not appear on the Plans or in the Specifications. Note
that the cost for water mains adjustments are limited to the amount invoiced by Miami -
Dade Water and Sewer Authority.
(B)
The adjustment, removal, or reconstruction of any City -owned structures, not shown on
the Plans nor specifically mentioned in the Specifications.
(C) Uniformed Police.
(D) Other unforeseen surface or underground adjustments or additional work not included on
the Plans nor in the Specifications.
The amount of such construction adjustments, services and/or work, are rough estimates only
and shall be done only as directed by the City Engineer, who shall approve all charges which will
be paid for from the funds set forth for Provisions for Special Items. At construction adjustments,
and/or extra work that is done by the Contractor without previous written approval by the
Engineer, shall be considered incidental to the job and the City will not be liable for extra
compensation. Any portion of said Allowance remaining after all authorized payments have been
made, will be withheld from Contract payments.
Bid No. 11-12-003 Page 79
01010 DESCRIPTION OF PLANS
There are no construction plans for this project.
01011 WATER FURNISHED BY THE CONTRACTOR
The water necessary to pressure clean the storm sewer system shall be obtained by the
Contractor at his/her expense.
01012 STAGING AND EQUIPMENT STORAGE FURNISHED BY THE CONTRACTOR
The staging areas and equipment storage areas for the transfer of sediments shall be obtained by
the Contractor at his/her expense.
There will be a specific location where the vactor trucks will be allowed to decant in the City of
Miami. This storm sewer system will be thoroughly cleaned once the contractor finishes with the
designated area. All work must be coordinated with the City Engineer.
Bid No. 11-12-003 Page 80
PART 1 GENERAL
1.01 DESCRIPTION
Section 02761
PIPELINE CLEANING
A. Work included: Contractor shall furnish all necessary materials, labor, equipment and services
required for cleaning the specified storm sewer and pipelines as indicated on the GIS drawings
submitted by the City of Miami, or as authorized by the Engineer.
B. Intent: The intent of pipeline cleaning is to remove foreign materials from the lines so to permit
internal inspections by closed-circuit television.
C. Definition: The term "CLEAN" as used in these Specifications shall mean the adequate removal
of sand, dirt, roots, grease and other solid or semi -solid materials form the pipeline.
D. Related Work:
a Documents affecting work of this Section include, but are not necessarily limited to,
General Condition, Supplementary Conditions, and sections in Division 1 of these
Specifications.
b. GIS Data collected must be compatible with the City of Miami Public Works Department.
3. Contractor is responsible for taking pictures before and after the cleaning of each
structure. These photos may be provided to the City at the request of the City Engineer
on a CD or on paper. The photos may be part of the monthly invoice submitted for
payment.
4. There will be a specific location where the vactor trucks will be allowed to decant in the
City of Miami. This storm sewer system will be thoroughly cleaned once the contractor
finishes with the designated area. All work must be coordinated with the City Engineer.
1.02 QUALITY ASSURANCE
A. Acceptance of pipeline cleaning shall be made upon the successful completion of the television
inspection and shall be to the satisfaction of the Engineer. If TV inspection shows cleaning to be
unsatisfactory, the Contractor shall be required to re -clean and re -inspect the pipeline until the
cleaning is shown satisfactory.
B. In areas where television inspection is not performed, the Engineer may required the Contractor
to pull a double squeegee pig (with each pig the same diameter as the pipeline) through each
manhole section as evidence of adequate cleaning.
1.03 SUBMITTALS
A. Submit to the Engineer a work schedule indicating when pipelines will be cleaned and
what work on those particular liens will be performed immediately after cleaning of the
lines.
B. Contractor is responsible for taking pictures before and after the cleaning of each
structure. These photos may be provided to the City at the request of the City Engineer
on a CD or on paper. The photos may be part of the monthly invoice submitted for
payment.
C. Contractor is responsible for gathering compatible GIS data.
1.04 PRODUCT HANDLING
A. All chemicals to be used in the cleaning of the pipelines shall be securely stored to insure that
there is no leakage of chemicals.
Bid No. 11-12-003 Page 81
02761-1
PART 3 EXECUTION — PIPE AND INLET CLEANING
3.01 CLEANING PRECAUTIONS
A. The Contractor shall take satisfactory precautions during the cleaning operation when cleaning
equipment is used to avoid damage to the pipes, manholes and inlet structures, and to other
public and private property.
B. When hydraulically propelled cleaning tools or tools which retard the flow in the pipeline are
used, precautions shall be taken to insure that the water pressure created does not damage or
cause flooding of public or private property.
C. Whenever possible the normal flow in the pipeline shall be utilized to provide the necessary
pressure for hydraulic cleaning devices.
D. When addition water from the fire hydrants is necessary, the water shall be conserved and not
used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the
hydrant. Connections to the hydrants shall be equipped with a portable meter and backflow
preventer obtained at the Miami -Dade Water and Sewer Department.
E. Contractor is responsible for obtaining his own water, portable meter and backflow preventer.
F. Decanting of the vector water may be allowed at a specified location selected by the City
Engineer.
3.02 PIPELINE CLEANING
A. Selection of equipment and methods from Part 2, shall be based on the conditions for the lines
at the time the work commences. The Engineer shall have the right to reject the proposed
method used if he feels the method, or equipment, will not produce satisfactory results, or will
damage the pipelines.
B. The Contractor shall provide for the pumping down of any surcharged manhole section and
provide all by-pass pumping, if required, during the preparatory cleaning and/or repair
operation.
C. Cleaning immediately prior to internal inspection or repairs is recommended to preclude the
built-up of debris from infiltration/inflow sources and upstream manhole sections. Should the
television inspection reveal that the pipeline is not clean; the cleaning operations shall be
repeated. This additional cleaning shall be done at the expense of the Contractor at no
additional cost to the City.
D. Cleaning shall include the trapping and removal of all sediments and residual wastes from
successive manholes as the cleaning progresses. When hydraulic cleaning equipment is
used, a suitable weir or dam shall be installed in the downstream manhole in such manner that
the solids and water are trapped. Passing material from manhole section to manhole section,
which could cause line stoppages, accumulations of sand in wet wells or damage to pumping
equipment, shall not be permitted.
E. Removal of debris from the pipeline to be cleaned shall be conducted in such a manner that no
residue will be left on the adjacent ground or street surfaces. Transporting of debris to the
disposal site shall be accomplished using vehicles, which do not discharge any debris en
route. All material removed during cleaning operations shall be disposed of at an approved
site. The Contractor shall provide to the Engineer a receipt of delivery to the disposal site for
each load of debris removed from the work area. All material shall be removed from the site no
less often than at the end of each workday. Under NO circumstances will the Contractor be
allowed to accumulate debris, etc. on the site of work beyond the stated time. Debris cleaned
from the lines shall be removed from the lowest outlet.
Bid No. 11-12-003 Page 82
F. For each location where cleaning is performed, a cleaning report shall be completed which
shall contain the following information:
1. Location, size, material and condition of the reach.
2. Length of pipeline cleaned.
3. Estimated amount and types of debris and sediment removed.
4. Indicate of grease build-up, root growth, etc.
5. Method(s) and equipment employed, and man-hours required for cleaning.
6. Duration of time expired between cleaning of pipelines and performance of internal
inspection.
7. Take photos of before and after cleaning for each structure.
G. If cleaning of an entire section cannot be successfully performed from one manhole, the
equipment shall be set up on the other manhole and cleaning again attempted. If, again,
successful cleaning cannot be performed or the equipment fails to traverse the entire manhole
section, it will be assumed that a line blockage exists and the Engineer must be notified
immediately. Notification shall indicate extent cleaned and approximate distance to the blockage.
3.03 ROOT REMOVAL
A. Roots shall be removed in the pipelines where root intrusion is a problem. Special attention
should be used during the cleaning operations to assure almost complete removal of roots
from joints.
B. Any roots, which could prevent the seating of a packer or could prevent the proper application
of chemical sealants, shall be removed.
C. Methods used for removal may include, the use of mechanical equipment such as rodding
machines, bucket machines and winches using root cutters and porcupines, and high -velocity
jet cleaners.
D. Chemical root treatment through the uses of an approved herbicide may be used at the option
of the Contractor. The application of the herbicide to the roots shall be done in strict
accordance with the manufacturer's recommendations and specifications in such a manner
as to preclude damage to surrounding vegetation. Any damaged vegetation so designated by
the Engineer shall be replaced by the Contractor at no additional cost to the Owner. All safety
precautions as recommended by the manufacturer shall be adhered to concerning handling
and application of the herbicide.
3.04 POWER AND FEES
A. The contractor shall furnish all electrical, diesel or hydraulic power required for his cleaning
operations.
B. The contractor shall pay for the water needed to clean the storm sewer system. Contact
Miami -Dade Water and Sewer for renting a floatable meter.
C. The contractor is responsible for hauling the debris to the nearest Miami -Dade Trash
Collection Facility.
D. The contractor is responsible for paying the dumping fee for disposal of the debris removed
from the city's storm sewer system at the Miami -Dade Trash Collection Facility.
E. The contractor is responsible for testing the material/debris prior to dumping it at the Miami -
Dade County Trash Collection Facility.
3.05 DRAINAGE SYSTEM CLEANING AND INSPECTION
3.05. 1 Description:
Bid No. 11-12-003 Page S3
The work specified in this section consist of the mechanical removal of materials such as but not
limited to sand, soil, silt, leaves, Styrofoam, paper, glass, plastic bottles, cans, tire pieces, wood
pieces, rocks, gravel, tree branches, and other such materials from the Department's drainage
systems with truck mounted sewer vacuum units. The work also consists of TV camera
inspections of the drainage systems with vehicles equipped with VHS video/audio camera format
units. Hand labor may be required in areas inaccessible to mechanical equipment to perform the
specified work. The Department's drainage system is composed of inlets, manholes, junction
boxes, French drains, and cress, side and lateral drain pipes, piped outfall structures and other
drainage structures. The work also requires to update the city's GIS layer for each of the
structures and storm sewer system cleaned by the Contractor.
3.05.2 Drainage System Cleaning:
The Engineer reserves the right to assign the work on an as needed basis. All the cleaning work
shall be issued through Work Documents.
3.05.2.1 Routine Cleaning:
A. Routine cleaning work shall consist of work scheduled monthly by the Engineer to maintain
the existing level of performance of the drainage system and to extend the systems service
life.
B. The mechanical storm drainage cleaning operating shall be done in such manner so not to
damage the drainage structures, inlet grates, manhole covers, pipes, pipe joints, or the
surrounding areas.
C. The Contractor shall temporarily remove the drainage structure grate or cover if necessary
and remove by mechanicals means all materials that obstruct either the structure opening,
interior structure pipe openings or pipes.
D. The Contractor shall temporarily plug (balloon) structure pipes if necessary to accomplish the
cleaning work.
E. When water is present in the drainage structure the Contractor shall remove or dewater the
structure and proceed with cleaning.
F. When water is present outside the structure to be cleaned and in its surroundings, the
Contractor shall use a hydraulic pump (s) to remove the excess water.
3.05.2.2 Non -routine Cleaning:
A. Non -Routine cleaning work shall consist of work that must begin immediately to restore
access to roadways and walkways for vehicular and pedestrian traffic.
B. The Contractor shall respond to a Non -Routine work assignment within four (4) hours of
notification from the Engineer.
3.0.2.3 Material Disposal:
All material removed during the cleaning work shall be disposed by the Contractor in a Class I
Sanitary Landfill in accordance with all County, State, and Federal Rules and Regulations. With each
submittal the Contractor shall provide the landfill receipts where the Contractor disposed all of the
materials. Copies of the landfill receipts will be given to the Engineer at the time of invoice to log the
amount of debris removed from the City's storm sewer system. The cost of the ticket will be the
responsibility of the contractor. This cost shall be included in the bid proposal items and no additional
compensation will be allowed.
3.05.2.4 Drainage Structure Location Log:
The Contractor shall prepare a log that contains a listing of all the drainage structures and associated
pipes cleaned, the types of debris removed and the location of the drainage structures to the nearest
street intersection. The log shall be submitted to the Engineer within a week of completing the work.
Bid No. 11-12-003 Page 84
3.05.2.5 Drainage System Video Camera Inspection:
The Engineer reserves the right to assign the work on an as needed basis. All the inspection work
shall be issued through Work Documents.
A. Video Camera inspection: The Contractor shall temporarily plug (balloon) structure pipes if
necessary to accomplish the Video Camera Inspection work. In areas where the surroundings of
the drainage structures to be Video Camera inspected are under water, the Contractor shall use a
hydraulic pump(s) to remove the excess water.
B. The Video inspection shall include a narrative stating the location of the structure to the nearest
street intersection and explanation of deficiencies such as joint leaks, cracked pipes, failed
patches of pick-up holes, or stained pipe. The location of the deficiencies in the pipes shall be
noted in linear foot (to the nearest 0.001 ft), measured from the interior wall of the structure to the
deficiency.
C. The Video shall provide camera close up views of the entire pipe walls, leaks, pick up holes and
joints through the panning and revolution capability of the camera head.
D. The camera operator shall Video the entire perimeter of joints to record any deficiencies. All
deficiencies shall be recorded in a clear and visible manner so that when the tape is viewed by
Department personnel the deficiencies are clear and visible and proper analysis can be made to
correct the system deficiencies.
E. The Video tape shall be submitted to the Department with the written reports.
3.05.2.6 Video Inspections Written Reports:
The Contractor shall prepare a written report listing the location and all the deficiencies found in
the drainage structure and pipes inspected. The report shall also note the locations of the
deficiencies, measured in linear foot (to the nearest 0.001 ft) from the interior of the wall structure
to the deficiencies. This report shall be submitted to the Department within one week of the
performed inspection.
3.06 Quality
The Engineer shall consider the drainage structure cleaning work completed and accepted when
the structure is 100% free of all materials mentioned above.
The Engineer shall consider the pipe cleaning work completed and accepted when the full cross-
section of all structure pipes are 100% free of all materials mentioned above.
Structures or pipes determined unsatisfactory by the Engineer shall be re -cleaned to the
satisfaction of the Engineer within the time specified, at no additional cost to the City. The only
substance that may be removed and placed back into the drainage structure and pipes is the
standing water removed during the dewatering process as longs as the standing water is under
29 N.T.U.
3.07 Work Hours
The cleaning operation of the drainage system shall be performed Monday through Friday
between "Off Peak" hours or between the hours of 9:30 a.m. and 3:30 p.m. Weekend work may
be permitted by the City. The City reserves the right to change the Contractor's work hours at its
discretion if it determines that established work hours are causing traffic congestions.
3.08 Equipment
The contractor shall furnish equipment of a type and quantity to perform the work satisfactorily
within the time specified. The truck mounted vacuum used to perform the work described in this
section shall be as a minimum to be equipped with a telescopic boom and vacuum tube and a
twu stdye vduuun uunipressur and have d storage capacity of at teast five j5) cubic yards.
Equivalent equipment may be substituted at the discretion of the Engineer. The Contractor shall
at times provide Truck Mounted Attenuators rated for 60 mph design speeds with the drainage
system cleaning operation and when necessary with the video camera inspection. The Truck
Mounted Attenuator shall be equipped with a high sensitivity color camera and a standard format
Bid No. 11-12-003 Page 85
VHS color cassette tape video unit or CD recorder. The camera lens shall be capable of panning
360 degrees.
3.09 Safety
Maintenance of traffic shall be in accordance with Public Works Standards. All the storm sewer
drainage system cleaning work shall be accomplish with the truck vacuum unit facing in the same
direction as the traffic. All lane closures shall have the prior approval of the Engineer. The
foregoing requirements are to be considered as minimum and the Contractor's compliance shall
in no way relieve the Contractor of final responsibility for providing adequate traffic control
devices for the protection of the public and employees throughout the work areas.
3.10 Cleaning of Manholes and Inlets:
A. Cleaning of manholes and inlets shall be accomplished by the use of a jet/vacuuming system or
pumping system capable of removing water and debris into a collection bin. The water and debris
collected shall be removed and disposed of in areas provided by the Contractor in accordance
with federal, state, and local laws and regulations.
B. The Contract unit price for cleaning manholes and inlets shall include all labor, equipment,
materials and incidentals necessary for cleaning manholes and inlets, temporary removal of
grates and covers, any temporary pipe plugs necessary to complete the work, and disposal of all
water and debris removed.
C. A photo of before and after cleaning is required for each structure by the contractor's crew.
3.11 Desalting Pipes and Box culverts:
A. There are NO Box culverts in this contract.
B. Desilting consist of removal and disposal of silt, debris, vegetation, soil, rock or any type of
blockage inside a pipe or box culvert to provide maximum drainage capacity.
C. Clean the pipe or box culvert by removing all of the silt and debris so that the drainage capacity is
100% of the original design capacity of the pipe or box culvert. Perform desilting operations in a
manner not to damage the pipe, box culvert or surrounding area.
D. Meet the requirements of Federal, State and Local environmental standards and laws when
performing all activities.
E. Meet the requirements of Public Works Bulletin 25 and 26.
F. When water is present, de -water the pipe or box culvert to facilitate cleaning and inspection.
Access to the pipe or box culvert may require temporary removal of fence, signs, guardrail, grates
or manhole covers.
G. Replace according to City standards at the completion of the desilting operation or each day, as
appropriate for safety.
H. Align infall and outfall ditches 50 feet from the pipe or box culvert to meet the existing line and
grade. If the Right of way line is less than 50 feet from the pipe or box culvert, align infall and
outfall ditches to the right of way line.
I. Identify and report to the Engineer necessary repairs to the pipes or box culverts exposed during
the desilting operation.
J. Dispose of all silt and debris removed in the desilting operations in areas meeting Federal, State
and Local rules and regulations.
K. Repair or replace damage to turf, pavement signs or structures, etc, caused by the Contractor to
the satisfaction of the Engineer at no additional cost to the Department. Complete repairs prior to
submission of the invoice for work accomplished. Grade and sod if any disturbed areas caused
by the desilting operation shall be replaced by the contractor at no additional cost to the city.
L. Maintain de -watering after completion of the desilting operations to allow for inspection.
M. Re -cleaned structures determined to be unacceptable by the Engineer within the time specified at
no additional cost to the city.
N. The quantities for payment to desilt a pipe will be the length in linear feet of pipe desilted and
accepted.
Bid No. 11-12-003 Page 86
O. The quantities for payment to desilt a box culvert will be the volume in cubic yard of material
removed from the box culvert.
3.12 GIS Data collection
Collect latitude and longitude for each structure cleaned.
The contractor shall submit the GIS data in coordinates that are readable and compatible with the
Public Works Department. For additional information on data collection please contact Regina
Hagger at (305) 416- 1749.
3.13 Basis of Payment
A. Price and payment will be full compensation for furnishing all equipment, tools, labor, disposal of
silt and debris, de -watering, erosion and water pollution control, clean up and all incidentals
necessary for the satisfactory performance of the work.
B. Payment will be made under the items specified in the Bid Price Proposal.
Bid No. 11-12-003 Page 87