HomeMy WebLinkAboutExhibit 1BID NO. 11-12-011
CARIBBEAN MARKETPLACE RENOVATION
CIP PROJECT NO.: B-30671
Due Date: Friday, March 9, 2012
Due Time: 2:00 P.M.
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Mayor Tomas P. Regalado
Commissioner Wifredo (Willy) Gort, District 1
Commissioner Marc Sarnoff, District.2
Commissioner Frank Carollo, District 3
Commissioner Francis Suarez, District 4
Commissioner Michelle Spence -Jones, District 5
City Manager, Johnny Martinez, P.E.
Issued By:
City of Miami
Capital Improvements Program
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130
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TABLE OF CONTENTS
NOTICE TO CONTRACTORS 6
Section 1 - Instructions for Submission 7
1. intention of City 7
2. Scope of Work 7
3. Location of Project(s) 7
4. Performance of the Work 7
5. Examination of Contract Documents and Site 7
6. Addendum 8
7. Bid Submission 8
8. Bid Guaranty 8
9. Preparation of Bid 8
10. Pre -Bid Conference/Site Visit 9 r
11. Postponement of Bid Opening Date .9
12. Acceptance or Rejection of Bids 9
13. Environmental Regulations 9
14. Bid Award 10
15. Bid Protest •10
16. Local, Small, and Disadvantaged Firm Participation -10
*17. Local Workforce 11
18. Subcontractor and Small Business Participation Reporting 11
19, Cone of Silence 11
20. Public Entity Crime 11
21, Fraud and Misrepresentation 11
22. Collusion 12
23. Contractor in Arrears or Default 12
24. Cancellation of Solicitation 12
Section 2 - General Terms and Conditions 13
1. Definitions 13
2. Time is of the Essence 15
3. Contract Term 16
4. Notices 16
5. Priority of Provisions 16
6. Indemnification 17
7. Insurance 18
8. Performance and Payment Bond 20
9. Qualification of Surety 21
10. General Requirements 22
11. Method of Performing the Work 23
12. Work Staging and Phasing 23
13. Site Investigation and Representation 24
14. Contractor to Check Plans. Specifications and Data 24
15. Contractor's Responsibility for Damages and Accidents 24
16. Accidents 25
17. Safety Precautions 25
18. Occupational Health and Safety 26
19. Labor and Materials 26
20. Rules, Regulations. and Licenses 26
21. Consultant Services 26
22. Project Management 27
23. Superintendence and Supervision 27
24. Subcontractors 28
25. Authority of the Project Manager 28
26. Inspection of Work 29
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27. Taxes 30
28. Separate Contracts 30
29. Lands of Work 30
30. Coordination of Work 30
31. Differing Site Conditions 31
32. Existinq Utilities 31
33. Contractor's Responsibility for Utility Properties and Service 32
34. interfering Structures 32
35. Field Relocation 32
36. Contractor's Use of. Project Site(s) 33
37. Warranty of Materials and Equipment 33
38. Material and Equipment Shipment, Handling, Storage and Protection 33
39. Manufacturer's Instructions 35
40. Manufacturer's Warranty 36
42. Submittals 36
43. Shop Drawings 37
44. Product Data 38
45. Samples 39
46. Record Set 39
47. Supplemental Drawings and Instructions 39
48. Contractor Furnished Drawings 39
49. Substitutions 40
50. City Furnished Drawings 41
51. Interpretation of Drawings and Documents 41
52. Product and Material Testing 41
53. Field Directives 42
54. Changes in the Work or Contract Documents 42
55. Continuing the Work 42
56. Change Orders 42
57. Change -Order Procedure
43
58. No Oral Changes 44
59. Value of Change Order Work 44
60, Extra Work Directive 46
61. As -Built Drawings 47
62. Worker's Identification 48
63. Removal of Unsatisfactory Personnel 48
64. Substantial Completion, Punch List, & Final Completion 48
65. Acceptance and Final Payment 49
66. NDPES Requirements 50
67. Force Majeure 50
68. Extension of Time 50
69. Notification of Claim 51
70. Extension of Time not Cumulative 52
71. Contractor - No Damages for Delay 52
72. Excusable Delay, Non-Compensable 52
74. Defective Work 53
75. Acceptance of Defective or Non -Conforming Work 53
76. Uncovering Finished Work 53
77. Correction of Work 53
78. Maintenance of Traffic and Public Streets 54
79. Location and Damage to Existinq Facilities, Equipment or Utilities 56
80. Stop Work Order 56
81. Hurricane Preparedness 56
82. Use of Completed Portions 57
83. Cleaning Up: City's Right to Clean Up 57
84. Removal of Equipment 58
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85. Set -offs, Withholdings, and Deductions 58
86. Event of Default 58
87. Notice of Default -Opportunity to Cure 59
88. Termination for Default 59
89. Remedies in the Event of Termination for Default 59
90. Termination for Convenience 60
91. Resolution of Disputes 61
92. Mediation -Waiver of Jury Trial 61
93. City May Avail Itself of All Remedies 62
94. Permits, Licenses and Impact Fees (Revised language) 62
95. Compliance with Applicable Laws 63
96. Independent Contractor 63
97. Third Party Beneficiaries 63
98. Successors and Assigns 63
99. Materiality and Waiver of Breach 63
100. Severability 64
101. Applicable Law and Venue of Litigation 64
102. Amendments 64
103. Entire Agreement 64
104. Nondiscrimination, Equal Employment Opportunity. and Americans with Disabilities
Act 64
105. Evaluation 65
106. Commodities manufactured, grown, or produced in the City of Miami. Miami -Dade
County and the State of Florida 65
107. Royalties and Patents 65
108. Continuation of the Work 65
109. Review of Records 65
110. No Interest 65
111. Payments Related to Guaranteed Obligations 66
112. Consent of City Required for Subletting or Assignment 66
113. Agreement Limiting Time in Which to Bring Action Against the City 66
114. Defense of Claims 66
115. Contingency Clause 66
116. Mutual Obligations 66
117. Contract Extension 67
118. Non -Exclusivity 67
119. Nature of the Agreement 67
120. Contract Documents Contains all Terms 67
121. Applicable Law and Venue of Litigation (Attorneys Fees) 67
122. Survival 67
Section 3 - Supplemental Terms and Conditions 69
1. Contract Time & Hours 69
2. LEED Certification (Not Applicable) 69
3. Progress Payments 69
4. Liquidated Damages 70
5. Schedule of Values 70
6. Project Schedules 71
7. Release of Liens/Subcontractor's Statement of Satisfaction 72
8. Progress Meetings 72
9. Request for Information 73
10. Project Site Facilities 73
11. Temporary Facilities. Utilities and Construction 73
12. Security 74
13. Construction Signage 74
14. Construction Photographs 74
15. City Furnished Property 75
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Section 4 - Bid Forms 76
Section 5- Attachments 84
BID BOND FORM 84
SUPPLEMENT TO BID FORM: QUESTIONNAIRE 87
SUPPLEMENT TO BID FORM: CUSTOMER REFERENCE LISTING 92
Reference Project Form Letter 93
OFFICE LOCATION AFFIDAVIT (Page 1 of 2) 94
Section 6 - Contract Execution Form 97
Form of Performance Bond 99
Form of Payment Bond 101
Joint Venture Eligibility Form 106
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INVITATION TO BID NO. 11-12-011
NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami, Office of the City Clerk, City Hall, 1st Fioor, 3500 Pan
American Drive, Miami, Florida 33133-5504 for:
CARIBBEAN MARKETPLACE RENOVATION - B-30671
Bids Due: Friday, March 9, 2012 AT 2:00 P.M.
Scope of Work: The Work consists of furnishing all materials, labor, and equipment necessary for
the interior remodeling of the existing Caribbean Marketplace to include restrooms, offices, shop,
storage, new AC, electrical and fire safety in accordance with the plans and specifications provided
with this Invitation -To -Bid No. 11-12-011.
CIP has scheduled a non -mandatory pre -bid conference to be held on the following date,
time and location:
Location: Little Haiti Cultural Center
260 NE 59th Terrace
Miami, Florida
Date/Time: Wednesday, February 22, 2012 @ 10:00 AM
Minimum Requirements: Prospective Bidders must have, as of the Bids Due date, a current
certified General Contractor license issued by the State of Florida pi a current certified Building
Contractor license issued by the State of Florida and must have a minimum of five (5) years
experience under its current business name in the construction/renovation of commercial/retail
buildings projects, supported by references for five (5) projects completed within the past five (5)
years. Submitted reference projects must demonstrate that the Bidder: i) was the Prime Contractor
for the project; and ii) self -performed at least thirty percent (30%) of the physical construction work
for the reference project. Contractor must self -perform at least thirty percent (30%) of the physical
construction work for the Project.
The Bid documents including plans can only be obtained by visiting the Department of Capital
Improvements Program's website:
http://www.miamiaov.com/Capitallmprovements/paces/ProcurementOoportunities/Default.asp.
It is the sole responsibility of all firms to ensure their receipt of any addendum and it is
recommended that firms periodically check the CIP webpage for updates and the issuance
of addenda.
AII bids shall be submitted in accordance with the Instructions to Bidders. Bids must be submitted
in duplicate originals at the time, date and place above, where bids will be publicly opened. Any
bids received after time and date specified will not be considered. The responsibility for
submitting a bid before the stated time and date is solely and strictly the responsibility of the
Bidder. The City is not responsible for any delay no matter what the cause. You assume any risk of
delay.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE
OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271 Section 18-74, CITY OF
MIAMI CITY CODE, as amended.
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Section 1 Instructions for Submission
1. Intention of City
It is the intention of City to describe in this Invitation to Bid ("ITB") the Project(s) to be
completed in accordance with all codes and regulations governing all the Work to be
performed under this Contract(s). Any work, labor, materials and/or equipment that may
reasonably be inferred from the Contract as being required to produce the intended results
shall be supplied by Contractor whether or not specifically called for in the Contract
Documents. Where words, which have well-known technical or trade meanings are used to
describe Work, materials or equipment, such words shall be interpreted in accordance with
that meaning. Reference to standard specifications, manuals, or codes of any technical
society, organization or association, or to the laws or regulations of any governmental
authority, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code or laws or regulations in effect at the time of opening
of Bids and Contractor shall comply therewith. City shall have no duties other than those
duties and obligations expressly set forth within the Contract Documents.
2. Scope of Work
The Work specified in this Bid consists of furnishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials, and services, and incidentals necessary to
perform the following Work at a rate of progress that will ensure completion of the Work
within the stipulated Contract Time. The Work consists of the interior remodeling of the
existing Caribbean Marketplace to include restrooms, offices, shop, storage, new AC,
electrical and fire safety in accordance with the plans and specifications provided with this
Invitation -To -Bid No. 11-12-011.
3. Location of Project(s)
5925-27 NE 2nd Avenue, Miami, Florida
4. Performance of the Work
By submitting a Bid the Bidder certifies that it will utilize its own employees to meet this
requirement. As part of the Bid, the Bidder must include the form entitled "Questionnaire".
Failure to complete and submit this form or to meet this requirement shall result in the Bid
being deemed non -responsive. Where the City determines that the Contractor is not
meeting the minimum self -performance requirement during the performance of the Work,
then the Contractor shall be deemed in default of the Contract and the City reserves the
right to take any necessary and appropriate action permitted by law or by the Contract
Documents.
5. Examination of Contract Documents and Site
It is the responsibility of each Bidder, before submitting a response to this ITB to:
• Carefully review the ITB, including any Addendum and notify the City of all conflicts,
errors or discrepancies.
• Visit the site(s) or structure(s) to become familiar with conditions that may affect
costs, progress, performance or furnishing of the Work.
• Take into account federal, state and local (City and Miami -Dade County including,
without limitation the City Purchasing Ordinance and Florida Building Code) laws,
regulations, ordinances that may affect a Bidder's ability to perform the Work.
• Study and carefully correlate Contractor's observations with the requirements of the
ITB.
The submission of a Bid in response to this solicitation shall constitute an incontrovertible
representation by Bidder that it will comply with the requirements of the Contract
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Documents and that without exception, the response is premised upon performing and
furnishing Work required under the Contract Documents and that the Contract Documents
are sufficient in detail to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
6. Addendum
Only questions answered by written Addendum will be binding. Oral and other
interpretations or clarifications will be without legal binding effect and should not be relied
upon in preparations of a Bid response. All questions about the meaning or intent of the
Contract Documents are to be directed to the City's Capital Improvements Program (CIP) in
writing, to the attention of Anthony Rolle at arollena miamigov.com.
Interpretations or clarifications considered necessary by CIP in response to such questions
will be issued by the City by means of Addendum posted on the CIP webpage. Written
questions should be received no less than ten (10) calendar days prior to the date
Bids are due. There shall be no obligation on the part of CIP to respond to questions
received less than ten (10) calendar days prior to Bid opening.
7. Bid Submission
All Bids must be received by the City of Miami, City Clerk's office located at City Hall, First
Floor, 3500 Pan American Drive, Miami, Fla. 33133, before the time and date specified for
bid opening, enclosed in a sealed envelope, legibly marked on the outside:
BID NO.: 11-12-011
BIDS FOR: CARIBBEAN MARKETPLACE RENOVATION —
B-30671
Bidders must submit two originals. Failure to submit two originals may result in the rejection
of the Bid as non -responsive.
NOTE: This Bid requires the submission of City Form SU, which is available on the CIP
webpage, identified in the ITB. Failure to submit City Form SU with the Bid may result
in the Bid being rejected as non -responsive.
8. Bid Guaranty
All Bids shall be accompanied by either an original Bid bond executed by a Surety meeting
the requirements of the City, or by cash, money order, certified check, cashier's check,
Unconditional/Irrevocable Letter of Credit drawn on a local bank, cash or Bid Bond Voucher
(for projects less than $200,000) issued to City of Miami's Purchasing Department,
treasurer's check or bank draft of any national or state bank (United States), in the amount
of five percent 5% of the total Bid amount, payable to City of Miami, Florida, and
conditioned upon the successful Bidder executing the Contract and providing the required
Performance Bond and Payment Bond and evidence of required insurance within fifteen
(15) calendar days after notification of award of the Contract. The time for execution of the
Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of
Insurance may be extended by the City's Capital Improvements Program at its sole
discretion. Bid Securities of the unsuccessful Bidders will be returned after award of
Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT
BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited
to the City as liquidated damages, not as a penalty, for the cost and expense incurred
should said Bidder fail to execute the Contract, and provide the required Performance
Bond.
9. Preparation of Bid
The Bid Form contains one Project and the Bidder must providing a lump sum price to
perform the Work required for the Project.
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All Bids must be made upon the blank City forms provided herein. The Bid must be signed
and acknowledged by the Bidder in accordance with the directions on the ITB. Failure to
utilize the City's forms, or fully complete said forms will result in a determination that the Bid
is non -responsive.
A Bid will be considered non -responsive if it is conditioned on modifications, changes, or
revisions to the terms and conditions of the ITB.
The Bid is to include the furnishing of all labor, materials, overhead expense and profit,
equipment including, but not limited to, tools, services, permit fees, applicable taxes,
overhead and profit for the completion of the Work except as may be otherwise expressly
provided in the Contract Documents.
Joint venture firms must complete and submit with their Bid the form titled "Information for
Determining Joint Venture Eligibility", (Form A) and submit a copy of the formal agreement
between all joint -venture parties. This joint venture agreement must indicate their respective
roles, responsibilities and levels of participation for the Project. Failure to timely submit
Form A (the last page of the contract documents) along with an attached written copy of the
joint venture agreement may result in disqualification of the Bid. All joint venture firms must
meet the requirements stipulated in the Florida Statutes.
10. Pre -Bid Conference/Site Visit
A Non -Mandatory conference and site visit (which will follow immediately
afterwards), will be held on Wednesday, February 22, 2012 at Little Haiti
Cultural Center- 260 NE 59th Terrace, Miami, Florida at 10.00 a.m., to discuss this
solicitation. Since space is limited, it is recommended that no more than one representative
of each firm attend in order to become familiar with the Solicitation and conditions of usage.
Attendees are requested to bring this Solicitation package to the conference. Copies of the
solicitation will not be available at the pre -bid conference. Bidders must attend both the
meeting and following site visit where sign in sheets will be available for both to bid on this
project.
11. Postponement of Bid Opening Date
The City reserves the right to postpone the date for receipt and opening of submissions and
will make a reasonable effort to give prospective Bidders at least five (5) calendar days
notice of any such postponement.
The City shall make reasonable efforts to issue addenda within five (5) calendar days prior
to the due date.
12. Acceptance or Rejection of Bids
The City reserves the right to reject any or all Bids prior to award.
Reasonable efforts will be made to either award the Contract or reject all Bids within ninety
(90) calendar days after Bid opening date. A Bidder may not withdraw its Bid unilaterally
nor change the Contract Price before the expiration of one hundred twenty (120) calendar
days from the date of bid opening. A Bidder may withdraw its Bid after the expiration of one
hundred twenty (120) calendar days from the date of Bid opening prior to award by
delivering written notice of withdrawal to the Capital Improvements Program prior to award
of the Contract by the City Commission. Once the City Commission makes the award, the
Bid cannot be withdrawn under this Section.
13. Environmental Regulations
The City reserves the right to consider a Bidder's history of citations and/or violations of
environmental regulations in investigating a Bidder's responsibility, and further reserves the
right to declare a Bidder not responsible if the history of violations warrant such
determination in the opinion of the City. Bidder shall submit with its Bid, a complete history
of all citations and/or violations, notices and dispositions thereof. The failure to submit any
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such documentation shall be deemed to be an affirmation by the Bidder that there are no
citations or violations. Bidders shall notify the City immediately upon receipt of any notice
of any such citation or violation which Bidder may receive after the Submittal opening date
and during performance of the Work under this Contract.
14. Bid Award
The City will issue the award of the Contract to the lowest responsive and responsible
Bidder. The City may require demonstration of competency and, at its sole discretion,
conduct site visits, require the Bidder to furnish documentation and/or require the contractor
to attend a meeting to determine the Bidder's qualifications and ability to meet the terms
and conditions of this Contract. The City shall consider, but not be limited to, such factors
as financial capability, labor force, equipment, experience, knowledge of the trade work to
be performed, the quantity of Work being performed by the Contractor and past
performance on City projects.
City Code Section 18-85, as amended, states that "when a responsive, responsible non -
local bidder submits the lowest bid price, and the bid submitted by one or more responsive,
responsible local bidders who maintain a local office, as defined in City Code Section 18-
73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that
non -local bidder and each of the aforementioned responsive, responsible local bidders shall
have the opportunity to submit a best and final bid equal to or lower than the amount of the
low bid previously submitted by the non -local bidder. Contract award shall be made to the
lowest responsive, responsible bidder submitting the lowest best and final bid. In the case
of a tie in the best and final bid between a local bidder and a non -local bidder, contract
award shall be made to the local bidder." A Post Office box or working from a private
residence will not be considered as maintaining a local office, unless the owner of the
private residence possesses a City of Miami Occupation License for the business at the
address of the private residence.
Where the solicitation contains multiple line items for separate projects or where the
solicitation requires a Bidder to submit detailed price information or multiple line item pricing
a Bid may be rejected as an unbalanced bid.
The Bidder must be able to demonstrate a good record of performance and have sufficient
financial resources to ensure that it can satisfactorily provide the goods and/or services
required herein.
The City, in its sole discretion, may determine a Bidder to be non -responsible where the
Bidder has failed to perform in accordance with any other contracts with the City, past or
current, or any other public entity or any other contract for construction services.
Any Bidder who at the time of submission is involved in an ongoing bankruptcy as a debtor,
or in a reorganization, liquidation, or dissolution -proceeding, or if a trustee or receiver has
been appointed over all or a substantial portion of the property of the Bidder, under federal
bankruptcy law or any state insolvency, the Bidder may be declared non -responsive.
Any Bidder who has filed a lawsuit against the City or where the City has filed a lawsuit or
won a court judgment against a Bidder, such Bidder may be declared non -responsive.
15. Bid Protest
Any actual or prospective contractual party who feels aggrieved in connection with the
solicitation or award of a contract may protest in writing to the Director of Purchasing/Chief
Procurement Officer who shall have the authority, subject to the approval of the City
Manager and the City Attorney, to settle and resolve a protest with final approval by the City
Commission. Bidders are alerted to Section 18-104 of the City's Code describing the
protest procedures. Protests failing to meet the requirements for filing shall NOT be
accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to
file a protest. NO EXCEPTIONS.
16. Local. Small, and Disadvantaaed Firm Participation
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The City strongly encourages Contractors to secure the participation of small businesses,
Community Small Business. Enterprises (CSBE), and/or Disadvantaged Business
Enterprises (DBE) that are currently registered with and/or certified by other governmental
agencies within Florida, such as under programs in effect for the Florida Department of
Transportation, Miami -Dade or Broward Counties, and the Miami Dade County Public
Schools. Similarly, the City also strongly encourages Contractors to secure the
participation of firms located within the City's jurisdictional limits. Forms are provided for this
purpose.
17. Local Workforce
Except where state or federal law, regulations, or grant requirements mandate to the
contrary, and subject to reservations or limitations provided in state, federal, or city laws,
regulations, or grant requirements, respondents must employ a minimum of fifteen percent
(15%) of on -site labor from persons residing within the .municipal boundaries( e.g. city
limits) of the City. The City residency of the onsite labor component will be subject to
verification by the issuing department
18. Subcontractor and Small Business Participation Reporting
The City is collecting data on the participation of local small business. Based on this
ongoing effort the City requires that with the submission of the first payment requisition the
Contractor shall submit a report, using the CIP form available on its webpage, on the use of
Subcontractors. Such report shall include information on local and small business
participation. Failure to submit the report may delay the issuance of payment to the
Contractor. Contractor shall submit an updated report when a Subcontractor has been
added or changed.
19. Cone of Silence
Pursuant to Section 18-74 of the City of Miami ("City Code") and City of Miami Ordinance
No. 12271, a "Cone of Silence" is imposed upon this ITB after advertisement and
terminates at the time the City Manager issues a written recommendation to the. Miami City
Commission. The Cone of Silence prohibits any verbal communications regarding this ITB.
Any communication concerning this ITB must be submitted in writing to CIP and Bidders
must file a copy of such written communications with the Office of the City Clerk. Written
communications may be in the form of e-mail, with a copy to the Office of the City Clerk at
marcia(c�miamigov.com.
This language is only an overview of the requirements of the Cone of Silence. Please
review Section 18-74 of the City Code or City of Miami Ordinance No. 12271 for a complete
and thorough description of the Cone of Silence. You may also contact the City Clerk at
(305)-250-5360, to obtain a copy.
20. Public Entity Crime.
Any person, individual, corporation, entity, or affiliate who has been placed on the convicted
Bidder list following a conviction for a public entity crime may not submit a proposal on a
contract to provide any goods or services to a public entity, may not submit a Response on
a contract with a public entity for the construction or repair of a public building or public
works project, may not submit a response on a lease of real property to a public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or Consultant
under a contract with any public entity, and may not transact business with any public entity
in excess of the threshold amount provided in Section 287.017 of Florida Statutes for
Category Two for a period of 36 months from the date of being placed on the convicted
Bidder /Vendor list.
21. Fraud and Misrepresentation
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Any person, individual, corporation, entity, or affiliate that attempts to meet its contractual
obligations with the City through fraud, misrepresentation or material misstatement, may be
debarred for up to five (5) years in accordance with the applicable provisions of the City
Code. The City as a further sanction may terminate or cancel any other contracts with such
individual, corporation or entity. Such individual or entity shall be responsible for all direct
or indirect costs associated with termination or cancellation.
22. Collusion
Where two (2) or more related parties, as defined in this Article, each submit a response to
an ITB, such submissions shall be presumed to be collusive. The foregoing presumption
may be rebutted by the presentation of evidence as to the extent of ownership, control and
management of such _related parties in preparation and submission under such ITB.
Related parties shall mean employees, officers or the principals thereof which have a direct
or indirect ownership interest in another firm or in which a parent company or the principals
thereof of one Contractor have a direct or indirect ownership interest in another Contractor
for the same project(s). ITB responses found to be collusive shall be rejected.
23. Contractor in Arrears or Default
The Contractor represents and warrants that the Contractor is not in arrears to the City and
is not a defaulter as a surety or otherwise upon any obligation to the City. In addition the
contractor warrants that the Contractor has not been declared "not responsible" or
"disqualified" by or debarred from doing business with any state or local government entity
in the State of Florida, the Federal Government or any other State/local governmental entity
in the United States of America, nor is there any proceeding pending pertaining to the
Contractor's responsibility or qualification to receive public agreements. The Contractor
considers this warrant as stated in this Article to be a continual obligation and shall inform
the City of any change during the term of the Contract.
The City shall not consider and will deem as non -responsible Bids submitted by Bidders
where the City has determined that the Bidder is in monetary arrears to the City or
otherwise in debt or default to the City at the time and date Bids are due.
24. Cancellation of Solicitation
The City reserves the right to cancel, in whole or in part, any solicitation when it is in the
best interest of the City. This determination will be at the discretion of the City and there
will be no recourse from such cancellation.
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Section 2 — General Terms and Conditions
1. Definitions
Basis of Design means a specific manufacturer's product that is named; including the
make or model number or other designation, establishing the significant qualities related to
type, function, dimension, in-service performance, physical properties, appearance, and
other characteristics for purposes of evaluating comparable products of other
manufacturers.
Bid means the response submitted by a bidder to this solicitation, which includes the price,
authorized signature and all other information or documentation required by the Contract
Documents at the time of submittal.
Bidder means anyindividual, firm, incorporated or unincorporated business entity, or
corporation tendering a Submittal, acting directly or through a duly authorized
representative.
Change Order means a written document ordering a change in the Contract Price or
Contract Time or a material change in the Work. A change order must comply with the
Contract Documents.
City means the City of Miami, Florida, a Florida municipal corporation. In all respects
hereunder, City's performance is pursuant to the City's capacity as Owner. In the event the
City exercises its regulatory authority as a governmental body, the exercise of such
regulatory authority and the enforcement of any rules, regulations, codes, laws and
ordinances shall be deemed to have occurred pursuant to City's authority as a
governmental body and shall not be attributable in any manner to the City as a party to this
Contract. For the purposes of this Contract, "City" without modification shall mean the City
Manager or Director, as applicable.
City Commission means the legislative body of the City.
City Manager means the duly appointed chief administrative officer of the City of Miami.
Commissioning means the employing total building commissioning practices tailored to
the size and complexity of the building site, building and its system components in order to
verify performance of all components and systems and help ensure that design
requirements are met. This includes a designated commissioning authority a
commissioning plan, verification of the installation and performance of systems to be
commissioned, and a commissioning report.
Completed Project(s) means a project for which the applicable regulatory authority has
issued a Temporary Certificate of Occupancy or Completion, or a Final Certificate of
Occupancy or Completion.
Consultant means a firm that has entered into a separate agreement with the City for the
provision of design/engineering services for a Project.
Contract means the Invitation to Bid (ITB) solicitation and the Bid documents that have
been executed by the Bidder and the City subsequent to approval of award by the City.
Contractor means the person, firm, or corporation with whom the City has contracted and
who will be responsible for the acceptable performance of any Work and for the payment of
all legal debts pertaining to any Work issued under this contract through the award of an
ITB.
Contract Documents means the Contract as may be amended from time to time, the plans
and drawing, all addendum, clarifications, directives, change orders, payments and other
such documents issued under or relating to the Project(s).
Construction Change Directive means a written directive to effect changes to the Work,
issued by the Consultant or the Director that may affect the ITB Contract price or time.
1,
Construction Schedule means a critical path schedule or other construction schedule, as
defined and required by the Contract Documents.
Consultant means the Architect or Engineer of Record contracted by the City to prepare
the plans and specifications for the Projects. Consultant may also be referred to as
Architect or Engineer of Record.
Cure means the action taken by the Contractor promptly after receipt of written notice from
the City of a breach of the Contract Documents which shall be performed at no cost to the
City, to repair, replace, correct, or remedy all material, equipment, or other elements of the
Work or the Contract Documents affected by such breach, or to otherwise make good and
eliminate such breach, including, without limitation, repairing, replacing or correcting any
portion of the Work or the Project(s) site(s) disturbed 'in performing such cure.
Cure Period means the period of time in which the Contractor is required to remedy
deficiencies in the Work or compliance with the Contract Documents after receipt of written
Notice to Cure from the City identifying the deficiencies and the time to Cure.
Design Documents means the construction plans and specifications included as part of
this Bid prepared by the Consultant for this Project(s)- under a separate Agreement with the
City.
Director means the Director of the Capital Improvements Program or designee, who has
the authority and responsibility for managing the Project(s) under this Agreement.
Drawings means the graphic and pictorial portions of the Work, which serve to show the
design, location and dimensions of the Work to be performed, including, without limitation,
all notes, schedules and legends on such Drawings.
Field Directive means a written approval for the Contractor to proceed with Work
requested by the City or the Consultant, which is minor in nature and typically should not
involve additional cost.
Final Completion means the date subsequent to the date of Substantial Completion at
which time the Contractor has completed all the Work in accordance with the Agreement as
certified by the Consultant and/or the City and submitted all documentation required by the
Contract Documents.
Inspector means an authorized representative of the City assigned to make necessary
inspections of materials furnished by Contractor and of the Work performed by Contractor.
Integrated Design or IDP means the use of a collaborative, integrated planning and design
process consistent with ASTM E 2348, Standard Guide for Framework for a Consensus -
based Environmental Decision making Process that initiates and maintains an integrated
project team in all stages of a project's . planning and delivery; establishes performance
goals for sitting, energy, water, materials, and indoor environmental quality along with other
comprehensive design goals; and, ensures incorporation of these goals throughout the
design and lifecycle of the building; and considers all stages of the building's lifecycle,
including deconstruction.
Materials mean goods or equipment incorporated in a Project(s), or used or consumed in
the performance of the Work.
Notice of Award means the written letter to the Contractor notify the Contractor that they
have been awarded the Contract.
Notice To Proceed means a written letter or directive issued by the Director or designee
acknowledging that all conditions precedent have been met and directing that the
Contractor may begin Work on the Project(s).
Plans and/or Drawings means the official graphic representations of a Project(s).
Project Or Work as used herein refers to all reasonably necessary and inferable
construction and services required by the Contract Documents whether completed or
partially completed, and includes all other labor, materials, equipment and services
provided or to be provided by the Contractor to fulfill its obligations, including completion of
the construction in accordance with the Drawings and Specifications. The Work may
constitute the whole or a part of the Project(s).
Project Manager means the individual assigned by CIP to manage the Project(s).
Request For Information (RFI) means a request from the Contractor seeking an
interpretation or clarification relative to the Contract Documents. The RFI, which shall be
clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s) requiring
clarification or interpretation and why the response is needed. The RFI must set forth the
Contractor's interpretation or understanding of the document(s) in question, along with the
reason for such understanding.
Risk Administrator means the City's Risk Management Administrator, or designee, or the
individual named by the City Manager to administer matters relating to insurance and risk of
loss for the City.
Specifications mean all of the definitions, instructions, descriptions, directions,
requirements, provisions and standards (and all written supplements thereto) pertaining to
the methods, (or manner) of performing and actual performance of the Work, or quantities
and quality of accepted materials to be furnished under the Contract Documents.
Subcontractor means a person, firm or corporation having a direct contract with Contractor
including one who furnishes material worked to a special design according to the Contract
Documents, but does not include one who merely furnishes Materials not so worked.
Submittal means documents prepared and submitted by the Bidder to pre -qualify under
this solicitation.
Substantial Completion means that point at which the Work is at a level of completion in
substantial compliance with the Agreement such that the City can use, occupy and/or
operate the facility in all respects to its intended purpose. Substantial Compliance shall not
be deemed to have occurred until any and all governmental entities, which regulate or have
jurisdiction over the Work, have inspected, and approved the Work. Beneficial- use or
occupancy shall not be the sole determining factor in determining whether Substantial
Completion has been achieved, unless a temporary certificate of occupancy has been
issued.
2. Time is of the Essence
Contractor will promptly perform its duties under the Contract and will give the Work as
much priority as is necessary to cause the Work to be completed on a timely basis in
accordance with the Contract Documents. All Work shall be performed strictly (not
substantially) within the time limitations necessary to maintain the critical path and all
deadlines established in the Contract Documents.
All dates and periods of time set forth in the Contract Documents, including those for the
commencement, prosecution, interim milestones, milestones, and completion of the Work,
and for the delivery and installation of materials and equipment, were included because of
their importance to the City.
Contractor acknowledges and recognizes that the City is entitled to full and beneficial
occupancy and use of the completed Project following expiration of the Contract Time.
In agreeing to bear the risk of delays for completion of the Work except for extensions
approved in accordance with Article 72, Excusable Delays, the Contractor understands that,
except and only to the extent provided otherwise in the Contract Documents, the
occurrence of events of delay within the Contractor's, control, the Work shall not excuse the
Contractor from its obligation to achieve full completion of the Work within the Contract
Documents Time, and shall not entitle the Contractor to an adjustment. All parties under
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the control or contract with the Contractor shall include but are not limited to material
persons, Subcontractors, suppliers, and laborers.
The Contractor acknowledges that the City is purchasing the right to have the Contractor
continuously working at the Project(s) site(s) for the full duration of the Project(s) to ensure
the timely completion of the Work.
3. Contract Term
The Contract shall commence upon issuance of the Notice of Award, which shall be issued
subsequent to the execution of the Contract by the City. The Contract shall terminate upon
notice by the City that the Contract has been closed -out after final completion or otherwise
terminated by the City pursuant to the terms and conditions herein set forth.
4. Notices
Whenever either party desires to give Written Notice unto the other relating to the Contract,
such must be addressed to the party for whom it is intended at the place last specified; and
the place for giving of notice shall remain such until it shall have been changed by written
notice in compliance with the provisions of this Article. Notice shall be deemed given on the
date received or within 3 days of mailing, if mailed through the United States Postal
Service. Notice shall be deemed given on the date sent via e-mail or facsimile. Notice
shall be deemed given via courier/delivery service upon the initial delivery date by the
courier/delivery service. For the present, the parties designate the following as the
respective places for giving of notice:
For City of Miami:
Mr. Albert Sosa, P.E.,
Director
Capital Improvements Program
City of Miami
444 S.W. 2hd Avenue, - 8th Floor
Miami, Florida 33130
Jeovanny Rodriguez, P.E.,
Assistant Director
Capital Improvements Program
City of Miami
444 S.W. 2nd Avenue, - 8th Floor
Miami, Florida 33130
For Contractor:
John Perez-Gurri, President
Perez-Gurri Corporation d/b/a N&J Construction
4990 SW 72"d Avenue
Suite 104
Miami, Florida 33155
During the Work the Contractor shall maintain continuing communications with Consultant
and the Project Manager. The Contractor shall keep the City fully informed as to the
progress of the Project(s) at all times through ongoing communications with the Project
Manager.
5. Priority of Provisions
If there is a conflict or inconsistency between any term, statement requirement, or provision
of any exhibit attached hereto, any document or events referred to herein, or any document
incorporated into the -Contract Documents by reference and a_term, statement, -requirement,
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the specifications and plans prepared by the Consultant, or provision of the Contract
Documents the following order of precedence shall apply:
In the event of conflicts in the Contract Documents the priorities stated below shall govern;
• Revisions and Change Orders to the Contract shall govern over the Contract
The Contract Documents shall govern over the Contract
• Addendum to an ITB shall govern over an ITB
In the event of conflicts within the Contract Documents the priorities stated below shall
govern:
• Scope of Work and Specifications shall govern over plans and drawings
• Schedules, when identified as such shall govern over all other portions of the plans
• Specific notes shall govern over all other notes, and all other portions of the plans,
unless specifically stated otherwise
• Larger scale drawings shall govern over smaller scale drawings
• Figured or numerical dimensions shall govern over dimensions obtained by scaling
• Where provisions of codes, manufacturer's specifications or industry standards are
in conflict, the more restrictive or higher quality shall govern
6. Indemnification
Contractor shall indemnify and hold harmless City, its officers, agents, directors, and
employees, from liabilities, damages, losses, judgments, and costs, including, but not
limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness ,
negligent act or omission, or intentional wrongful misconduct of Contractor and persons
employed or utilized by Contractor in the performance of this Contract. Contractor shall,
further, hold the City, its officials and employees, harmless for, and defend the City, its
officials and/or employees against, any civil actions, statutory or similar claims, injuries or
damages arising or resulting from the permitted work, even if it is alleged that the City, its
officials and/or employees were negligent. These indemnifications shall survive the term of
this Contract. In the event that any action or proceeding is brought against City by reason
of any such claim or demand, Contractor shall, upon written notice from City, resist and
defend such action or proceeding by counsel satisfactory to City. The Contractor expressly
understands and agrees that any insurance protection required by this Contract or
otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep
and save harmless and defend the City or its officers, employees, agents and
instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend, at its own expense,
to and through appellate, supplemental or bankruptcy proceeding, or to provide for such
defense, at City's option, any and all claims of liability and all suits and actions of every
name and description which may be brought against City whether performed by Contractor,
or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will
be interpreted under the laws of the State of Florida, including without limitation and
interpretation, which conforms to the limitations of §725.06 and/or §725.08, Fla. Statutes,
as applicable.
Contractor shall require all Sub -Contractor agreements to include a provision that they will
indemnify the City.
The Contractor agrees and recognizes that the City shall not be held liable or responsible
for any claims which may result from any actions or omissions of the Contractor in which
the City participated either through review or concurrence of the Contractor's actions. In
reviewing, approving or rejecting any submissions by the Contractor or other acts of the
Contractor, the City in no way assumes or shares any responsibility or liability of the
Contractor or Sub -Contractor, under this Agreement.
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and
independent consideration for the granting of this Indemnification, the receipt and
sufficiency of which is acknowledged by the Contractor.
7. Insurance
Without limiting any of the other obligations or liabilities of Contractor, Contractor shall
provide, pay for, and maintain in force until all of its Workto be performed under this
Contract has been completed and accepted by City (or for such duration as is otherwise
specified hereinafter), the insurance coverage's set forth herein. Applicable coverage's are
underlined.
7.1. Workers' Compensation insurance is to apply for all employees in
compliance with the Statutory "Workers' Compensation Law" of the State of
Florida and all applicable federal laws. In addition, the policy(ies) must
include:
• Waiver of subrogation
• Statutory State of Florida
• Limits of Liability
7_2. Employers' Liability with a limit of One Million Dollars ($1,000,000.00)
Dollars each bodily injury caused by an accident, each accident. One
Million Dollars ($1,000,000.00) Dollars each bodily injury caused by
disease, each employee. One Million Dollars ($1,000,000.00 Dollars each
bodily injury caused by disease, policy limit.
7.3. Commercial General Liability (CGL) (Primary & Non Contributory) with
minimum limits of One Million Dollars ($1,000,000.00) each occurrence,
combined single limit for Bodily Injury Liability and Property Damage Liability,
with a general aggregate limit of Two Million Dollars ($2,000,000.00).
Coverage must be afforded on a primary and non contributory basis and with
a coverage form no more restrictive than the latest edition of the
Comprehensive General Liability policy, without restrictive endorsements, as
filed by the Insurance Services Office, and must include:
Products and/or Completed Operations for contracts with an
Aggregate Limit of One Million Dollars ($1,000,000.00) per project.
Contractor shall maintain in force until at least three years after
completion of all Work required under the Contract, coverage for
Products and Completed Operations, including Broad Form Property
Damage.
■ Personal and Advertising Injury with an aggregate limit of One
Million Dollars ($1,000,000).
• CGL Required Endorsements
o Employees included as insured
o Contingent Liability/Independent Contractors Coverage
o Contractual Liability
o Waiver of Subrogation
o Premises and/or Operations
o Explosion, Collapse and Underground Hazards
o Loading and Unloading
o Mobile Equipment (Contractor's Equipment) whether owned,
leased, borrowed or rented by Contractor or employees of the
Contractor.
City is to be expressly included as an Additional Insured pursuant to
endorsement number CG 2010 11/85 or its equivalence.
7.4. Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence combined single limit for Bodily Injury 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:
■ Auto/All Owned Autos/Scheduled.
■ Hired, Borrowed, and Non -Owned Vehicles.
■ Employers' Non -Ownership.
■ Employees included as insured
■ City of Miami as Additional Insured
7. 5. Umbrella Policy
(Excess Following Form/True Excess Following Form/True Umbrella)
• Bodily injury and property damage liability with limits of Three Million
Dollars ($3,000,00.0) each occurrence and an aggregate limit of
Three Million Dollars ($3,000,000).
Excess coverage over the policies as follows:
• Commercial General Liability
• Business Automobile Liability
▪ Employer's Liability
City of Miami is listed as an additional insured.
7.6 Builder's Risk
Causes of loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost Deductible: $10,000, All other Perils 5%
maximum on Wind and Flood, if applicable, City of Miami included as an
Additional Insured.
A. Limit/Value at Location or Site ($1,200,000)
B. Coverage Extensions:
• Materials, supplies and similar property owned by others for which you are
responsible.
• Full coverage up to policy limits for equipment breakdown.
• Temporary storage/transit coverage.
• Full coverage up to policy limits for site preparation, re -excavation, re -
preparation and re -grade in the event of a loss.
• Fences, scaffolding, construction forms coverage and signs
• Valuable papers coveragefor blueprints, site plans and similar documents.
• Trees, shrubs, sod, plants while at premises.
• Flood, including inundation, rain, seepage and water damage.
• Earthquake
• Business Interruption
• Subsidence
• New ordinance or law; reimbursement for any resulting loss of value to the
undamaged portion, and required demolition expenses, including
construction necessary-to.repair,.rebuild.or re -construct damaged parts.
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• Escalation clause in the event of a total loss up to 5% of policy limit.
• Temporary structures, cribbing and false work built or erected at
construction site.
• Unintentional errors and omissions in reporting clause
• Full coverage up to policy limits for testing including physical loss caused
by pneumatic and hydrostatic testing.
Debris Removal.
The above policies shall provide the City with written notice of cancellation or material
change from the insurer not less than (30) days prior to any such cancellation or material
change. If the initial insurance expires prior to the completion of the Work, renewal copies
of policies shall be furnished at least thirty (30) days prior to the date of their expiration.
Notice of Cancellation and/or Restriction --The policy (ies) must be endorsed to provide the
City with at least thirty (30) days notice of cancellation and/or restriction.
Contractor shall furnish to the Capital Improvement Program the Certificates of Insurance or
endorsements evidencing the insurance coverage specified above within fifteen (15)
calendar days after notification of award of the Contract. The required Certificates of
Insurance shall name the types of policies provided, refer specifically to this Contract, and
state that such insurance is as required by this Contract.
The official title of the Owner is the City of Miami, Florida. This official title shall be used in
all insurance documentation.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A" as to management, and no less than "Class V"
as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M.
Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of
insurance are subject to review and verification by Risk Management prior to insurance
approval.
The Risk Administrator or his/her authorized designee reserves the right to require
modifications, increases, or changes in the required insurance requirements, coverage,
deductibles or other insurance obligations by providing a thirty (30) day written notice to the
Contractor in accordance with Section 2, General Conditions, Article 4, Notices. Contractor
shall comply with such requests unless the insurance coverage is not then readily available
in the national market. An additive or deductive change order will be issued to adjust the
contract value as necessary. For insurance bonding issues and decisions, the City shall act
through its Risk Administrator (unless otherwise stated).
8. Performance and Payment Bond
Where required by the Contract Documents, the Contractor shall within fifteen (15) calendar
days of being notified of award, furnish a Performance/Payment Bond ("Bond") containing
all the provisions of the attached Performance/Payment forms.
Each Bond shall be in the amount of one hundred percent (100%) of the Contract value
guaranteeing to City the completion and performance of the Work covered in the Contract
Documents as well as full payment of all suppliers, laborers, or subcontractors employed
pursuant .to this Project(s). Each Bond shall be with a Surety, which is qualified pursuant to
Article 14, Qualification of Surety.
Each Bond shall continue in effect for one year after Final Completion and acceptance of
the Work with liability equal to one hundred percent (100%) of the Contract value, or an
additional bond shall be conditioned that Contractor will, upon notification by City, correct
any defective or faulty work or materials which appear within one year after Final
Completion of the Project(s).
The City must be listed as an Obligee.
Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as amended from
time to time, Contractor shall ensure that the Bond(s) referenced above shall be recorded in
the public records and provide City with evidence of such recording.
Alternate Form of Security:
In lieu of a Performance/Payment Bond, Contractor may furnish alternate forms of security,
which may be in the form of cash, money order, certified check, cashier's check or
unconditional letter of credit in the form attached. Such alternate forms of security shall be
subject to the prior approval of City and for same purpose and shall be subject to the same
conditions as those applicable above and shall be held by City for one year after completion
and acceptance of the Work.
9. Qualification of Surety
Bid Bonds, Performance/ Payment Bonds over Five Hundred Thousand Dollars
($500,000.00):
Each Bond must be executed by a surety company of recognized standing, authorized
to do business in the State of Florida as surety, having a resident agent in the State of
Florida and having been in business with a record of successful continuous operation
for at least five (5) years.
The Surety shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with United States Department of Treasury Circular 570, Current
Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the
circular, in order to qualify, the net retention of the Surety shall not exceed the
underwriting limitation in the circular, and the excess risks must be protected by
coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297,
revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the
Surety shall provide City with evidence satisfactory to City, that such excess risk has
been protected in an acceptable manner.
The City will accept a surety bond from a company with a rating of B+ or better for
bonds up to $2 million, provided, however, that if any surety company appears on the
watch list that is published quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the City shall review and either accept or reject the surety company
based on the financial information available to the City. A surety company that is
rejected by the City may be substituted by the Bidder or proposer with a surety
company acceptable to the City, only if the bid amount does not increase. The following
sets forth, in general, the acceptable parameters for Bonds:
Amount of Bond (U$)
Bonding Company Rating
Size Category
500,001 to 1,000,000
B+
Class I
1,000,001 to 2,000,000
B+
Class 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
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/Payment Bond.
More stringent requirements of any grantor agency are set forth within the Bid. If there are
no more stringent requirements, the provisions of this section shall apply.
10. General Requirements
The employee(s) of the Contractor shall be considered to be at all times its employee(s),
and not employee(s) or agent(s) of the City or any of its departments.
The Contractor agrees that the Contractor will at all times employ, maintain and assign to
the performance of a Project a sufficient number of competent and qualified professionals
and other personnel to meet the requirements of the Work to be performed.
The Contractor agrees to adjust staffing levels or to replace any staff personnel if so
requested by the Project Manager, should the Project Manager make a determination that
said staffing is unacceptable or that any individual is not performing in a manner consistent
with the requirements for such a position.
The Contractor shall perform the work complete, in place, and ready for continuous service,
and shall include repairs, testing, permits, clean-up, replacements, and restoration required
as a result of damages caused during this construction.
The Contractor represents that its personnel and Subcontractors have the proper skills,
training, background, knowledge, experience, rights, authorizations, integrity, character and
licenses as necessary to perform the Work, in a competent and professional manner.
The Contractor shall provide temporary facilities and controls necessary to perform the
Work and to ensure safe and proper access and use of the site by the Project Manager and
the Consultant. The Contractor shall at all times cooperate with the City, or the Consultant
and coordinate its respective Work efforts to most effectively and efficiently progress the
performance of the Work.
The City, the Consultant and other agencies authorized by the City, shall have full access to
the Project(s) site(s) at all times.
The Contractor shall be responsible for the good condition of the Work or materials until
formal release from his obligations under the terms of the Contract Documents.
All newly constructed work shall be carefully protected from injury in any way. No wheeling
or walking or placing of heavy loads on it shall be allowed and the Contractor at its own
expense shall reconstruct all portions damaged.
Contractor shall bear all losses incurred on account of the amount or character of the Work,
or the character of the ground, being different from what he anticipated.
The Contractor shall at all times conduct the Work in such manner and in such sequence as
will ensure the least practicable local interference. Contractor shall not open up Work to the
prejudice of Work already started, and the Project Manager may require the Contractor to
finish a section on which Work is in progress before Work is started on any additional
section.
Contractor is to take necessary precautions and use caution when working in or around
overhead transmission lines and underground utilities.
Contractor is responsible to control dust and prevent it from becoming a. public nuisance or
causing, off -site damage. Contractor shall take all necessary and prudent measure to
control dust.
The apparent silence of the Contract Documents as to any detail, or the apparent omission
from them of a detailed description concerning any Work to be done and materials to be
furnished, shall be regarded as meaning that only best practices are to prevail and only
materials and workmanship of the best quality are to be used in the performance of the
Work.
11 Method of Performing the Work
The apparent silence of the Contract Documents as to any detail, or the apparent omission
from them of a detailed description concerning any Work to be done and materials to be
furnished, shall be regarded as meaning that only the best general practice is to prevail and
that only material and workmanship of the best quality is to be used, and interpretation of
the Contract Documents shall be made upon that basis.
When measurements are affected by conditions already established or where items are to
be fitted into constructed conditions, it shall be the Contractor's responsibility to verify all
such dimensions at the site and the actual job dimensions shall take precedence. .
If the Project Manager or Consultant reasonably determines the rate of progress of the
Work is not such as to ensure its completion within the designated completion time, or if, in
the opinion of the Project Manager or Consultant, the Contractor is not proceeding with the
Work diligently or expeditiously or is not performing all or any part of the Work, according to
the Project schedule accepted by or determined by the Project Manager or Consultant, the
Project Manager or the Consultant shall have the right to order the Contractor to do either
or both of the following: (1) improve its work force; and/or (2) improve its performance in
accordance with the schedule to ensure completion of the Project(s) within the specified
time. The Contractor shall immediately comply with such orders at no additional cost to the
City. (3) The City at its sole option may also have Work performed by a third party
contractor and deduct such cost from any monies due the Contractor.
Where materials are transported in the performance of the Work, vehicles shall not be
loaded beyond the capacity recommended by the vehicle manufacturer or permitted by
Federal, State or local law(s). When- it is necessary to cross curbing or sidewalks,
protection against damage shall be provided by the Contractor and any damaged curbing,
grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to
the satisfaction of the Project Manager or Consultant.
The Contractor shall furnish to the Project Manager and the Consultant a complete listing of
24-hour telephone numbers at which responsible representatives of the Contractor and all
of the Contractor's Subcontractor can be reached should the need arise at any time.
12. Work Staging and Phasing
The Work to be performed shall be done in such a manner so as not to interfere with the
normal City operations of the Project site or facility. The manner in which the Work is
performed shall be subject to the approval of the Project Manager or Consultant, whom if
necessary, shall have the authority to require changes in the manner in which the Work is
performed. There shall be no obstruction of City services without the prior written approval
of the Project Manager or Consultant. All requests for such interruption or obstruction must
be given in writing to the Project Manager or Consultant 24 hours in advance of the
interruption of City operations.
The Contractor shall familiarize itself with normal City operations where the Work is to be
performed so that it can conduct the Work in the best possible manner to the complete
satisfaction of the Project Manager and Consultant.
A staging plan must be submitted to and approved by the Project Manager or the
Consultant prior to the start of construction and issuance of the Notice to Proceed. Such
staging plan shall be revised and resubmitted as necessary during construction.
13. Site investigation and Representation
The Contractor acknowledges that it has satisfied itself as to the nature and location(s) of
the Work under the Contract Documents, the general and local conditions, particularly
those bearing upon availability of transportation, disposal, handling and storage of
materials, availability of labor, water, electric power, and roads, the conformation and
conditions at the ground based on City provided reports, the type of equipment and facilities
needed preliminary to and during the performance of the Work and all other matters which
can in any way affect the Work or the cost thereof under the Contract Documents.
The Contractor further acknowledges that it has satisfied itself based on any geotechnical
reports the City may provide and inspection of the Project(s) site(s) as to the character,
quality, and quantity of surface and subsurface materials to be encountered from inspecting
the site and from evaluating information derived from exploratory work that may have been
done by the City or included in this Contract Documents.
Contractor should examine the soil conditions at the Project site to determine if any special
shoring, sheeting, or other procedures necessary to protect adjacent property during
excavation of subsoil materials or during filling of any area(s), or for any operation that may
be required during the performance of the Work.
Any failure by the Contractor to acquaint itself with all the provided information and
information obtained by visiting the Project(s) site(s) will not relieve Contractor from
responsibility for properly estimating the difficulty or cost thereof under the Contract
Documents. In the event that the actual subsurface conditions vary from the actual City
provided reports the Contractor shall notify the City and this Contract Documents amount
may be adjusted up or down depending on the conditions.
14. Contractor to Check Plans. Specifications and Data
Contractor shall verify all dimensions, quantities and details shown on the plans,
specifications or other data received from Project Manager or Consultant as part of a
Contract Documents, and shall notify the Project Manager and the Consultant of all errors,
omissions and discrepancies found therein within three (3) calendar days of discovery.
Contractor will not be allowed to take advantage of any error, omission or discrepancy, as
full instructions will be furnished the Project Manager or by Consultant. Contractor shall not
be liable for damages resulting from errors, omissions or discrepancies in the Contract
Documents unless Contractor.. recognized such error, omission or discrepancy and
knowingly failed to report it to Project Manager or Consultant.
15. Contractor's Responsibility for Damages and Accidents
Contractor shall accept full responsibility for Work against all losses or damages of
whatever nature sustained until Final Acceptance by City, and shall promptly repair or
replace, at no additional cost to the City any Work, materials, equipment, or supplies
damaged, lost, stolen, or destroyed from any cause whatsoever.
Contractor shall accept full responsibility for Work against all losses or damages of
whatever nature sustained until Final Acceptance by City, and shall promptly repair or
replace, at no additional cost to the City, and to the satisfaction of the Project Manager, any
Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause
whatsoever.
Lawn Areas,- All lawn areas disturbed by construction shall be replaced with like kind to a
condition similar or equal to that existing before construction. Where sod is to be removed,
it shall be carefully removed, and the same re -sodded, or the area where sod has been
removed shall be restored with new sod in the manner described in the applicable section.
Fences - Any fence, or part thereof, that is damaged or removed during the course of the
work shall be replaced or repaired by the Contractor, and shall be left in as good a condition
as before the starting of the work.
Where fencing, walls, shrubbery, grass strips or area must be removed or destroyed
incident to the construction operation,'the Contractor shall, after completion of the work,
replace or restore to the original condition all such destroyed or damaged landscaping and
improvements.
16. Accidents
The Contractor shall provide such equipment and facilities as are necessary or required, in
the case of accidents, for first aid service to person who may be injured during the
Project(s) duration. The Contractor shall also comply with the OSHA requirements as
defined in the United States Labor Code 29 CFR 1926.50.
In addition, the Contractor must report immediately to the Project Manager and Consultant
every accident to persons or damage to property, and shall furnish in writing full
information, including testimony of witnesses regarding any and all accidents.
17. Safety Precautions
Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
• All employees on the Project(s) site(s) and other persons who may be affected
thereby;
All the Work and all materials or equipment to be incorporated therein, whether in
storage on or off the Project(s) site(s); and
• Other property at the Project(s) Site(s) or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated for
removal, relocation or replacement in the course of construction.
Contractor shall designate a responsible member of its organization at the Project(s) site(s)
whose duty shall be the prevention of accidents. This person shall be ,Contractor's
superintendent unless otherwise designated in writing by Contractor to Project Manager.
Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders
of any public body having jurisdiction for the safety of persons or property or to protect them
from damage, injury or loss; and shall erect and maintain all necessary safeguards for such
safety and protection. Contractor shall notify owners of adjacent property and utilities when
prosecution of the Work may affect them. All damage, injury or loss to any property caused
directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly
or indirectly employed by any of them or anyone for whose acts any of them may be _liable,
shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and
protection of the Work shall continue until such time as all the Work is completed and
Project Manager or Consultant has issued the Contractor a notice of Final Acceptance.
Contractor must adhere to the applicable environmental protection guidelines for the
duration of a Project. If hazardous waste materials are used, detected or generated at any
time, the Project Manager must be immediately notified of each and every occurrence. The
Contractor shall comply with all codes, ordinances, rules, orders and other legal
requirements of public authorities (including OSHA, EPA, DERM, the .City, Miami -Dade
County, State of Florida, and Florida Building Code), which bear on the performance of the
Work.
The Contractor shall take the responsibility to ensure that all Work is performed using
adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing,
scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights,
and ladders that are necessary for the protection of its employees, as well as the public and
City employees. All riggings and scaffolding shall be constructed with good sound
materials, of adequate dimensions for their intended use, and substantially braced, tied or
secured to ensure absolute safety for those required to use it, as well as those in the
vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders
and similar actions or equipment shall be OSHA approved, as applicable, and in
accordance with all federal state and local regulations.
All open trenches or holes shall be properly marked and barricaded to assure the safety of
both vehicular and pedestrian traffic. No open trenches or holes are to be left open during
nighttime or non -working hours without the prior written approval of the Project Manager.
If an emergency condition should develop during a Project, the Contractor must
immediately notify the Project Manager and Consultant of each and every occurrence. The
Contractor should also recommend any appropriate course(s) of action to the Project
Manager and the Consultant.
18. Occupational Health and Safety
In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-
41.03 of the Florida Administrative Code delivered as a result of a Project must be
accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
• The chemical name and the common name of the substance.
• The hazards or other risks in the use of the substance, including:
o The potential for fire, explosion, corrosion, and reaction;
o The known acute and chronic health effects of risks from exposure, including
the medical conditions which are generally recognized as being aggravated by
exposure to the substance; and
o The primary routes of entry and symptoms of overexposure.
• The proper precautions, handling practices, necessary personal protective
equipment, and other safety precautions in the use of or exposure to the
substances, including appropriate emergency treatment in case of overexposure.
The emergency procedure for spills, fire, disposal, and first aid.
• A description in lay terms of the known specific potential health risks posed by the
substance intended to alert any person reading this information.
• The year and month, if available, that the information was compiled and the name,
address, and emergency telephone number of the manufacturer responsible for
preparing the information.
19. Labor and Materials
Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor,
water, tools, equipment, light, power, transportation and other facilities and services
necessary for the proper execution and completion of the Work, whether temporary or
permanent and whether or not incorporated or to be incorporated in the Work.
Contractor shall at all times enforce strict discipline and good order among its employees
and Subcontractors at the Project(s) site(s) and shall not employ on the Project(s) any unfit
person or anyone not skilled in the Work to which they are assigned.
20. Rules. Regulations. and Licenses
The successful Contractor shall comply with all laws.and regulations applicable to provision
of services specified in the Contract Documents. The Contractor shall be familiar with all
federal, state and local laws that may in affect the goods and/or services offered.
21. Consultant Services
The City, at its sole discretion may hire a Consultant who shall serve as the City's
Representative for the Project(s) to be performed under the Contract Documents. The
Contract Documents will state that an City's representative has been contracted with for the
management of the Work under the Contract Documents and who will be the lead point of
contact, the Consultant or the Project Manager. Where a Consultant has been identified,
the Consultant and the Project Manager will have authority to act on behalf of the City to the
extent provided in the Contract Documents and as outlined in Article 25, Authority of the
Project Manager, of the General Terms and Conditions.
On the basis of the on -site observations, the Consultant will keep the Project Manager
informed of the progress of the Work. In the capacity of interpreter; the Consultant will
exercise the best efforts to ensure faithful performance by both the Project Manager and
the Contractor and will not show partiality to either.
The Project Manager will assist the Consultant in conducting inspections to determine the
date or dates of Substantial Completion and Final Acceptance and will receive and review
written warranties and related documents required by the Contract and the Contract
Documents. The Consultant will be responsible for receiving all documentation for review
and acceptance, Upon acceptance such documentation will be forwarded to the Project
Manager. The Project Manager in conjunction with the Consultant will approve Schedules
of Values, Project Schedules, Subcontractors and invoices.
The City may contract for additional consultant services, including but not limited to
construction examination and observation services. Such services are intended to be
additional services and are not intended to and shall not be construed to supplant or alter
the role and responsibilities of the Consultant.
In case of the termination of employment of the Consultant, the City may, at its sole
discretion, appoint another Consultant, whose status under the Contract shall be as that of
the former Consultant.
22. Project Management
Where a Contractor is awarded Work, the Contractor shall be responsible for all Project
management, including any and all subcontracts necessary to ensure that the Work is
performed in accordance with the Contract Documents. Project Management shall include,
but is not limited to: obtaining bids from Subcontractors and suppliers; coordinating the
securing of all permits; obtaining licenses and inspections; ensuring that Subcontractors
comply with all City requirements; performing the Work in accordance with the Contract
Documents to the satisfaction of the Project Manager; paying all Subcontractors; obtaining
release of liens/claims fees; and obtaining temporary and final Certificates of Occupancy or
Completion.
23. Superintendence and Supervision
The orders of the City are given through Consultant or Project Manager, -which instructions
are to be strictly and promptly followed in every case. Contractor shall keep on the Project
during its progress, a full-time competent English speaking superintendent and any
necessary assistants, all satisfactory to Project Manager or Consultant. The superintendent
shall not be changed except with the written consent of Project Manager or Consultant,
unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its
employ. The superintendent shall represent Contractor and all directions given to the
superintendent shall be as binding as if given to Contractor and will be confirmed in writing
by Project Manager or Consultant upon the written request of Contractor. Contractor shall
give efficient supervision to the Work, using its best skill and attention. The Project
Manager and the Consultant shall be provided telephone number(s) for the superintendent
where the superintendent can be contacted during normal working hours as well as after
hours for emergencies.
On Projects in excess on thirty (30) calendar days the Contractor's superintendent shall
record, at a minimum, the following information in a bound log: the day; date; weather
conditions and how any weather condition affected progress of the Work; time of
commencement-ofWork-for.the-day;-the -Work-being- performed; materials, labor, -personnel,
equipment and Subcontractors at the Project(s) site(s); visitors to the Project site, including
representatives of the City, Consultant, :regulatory representatives; any special or unusual
conditions or occurrences encountered; and the time of termination of Work for the day. All
information shall be recorded in the daily log in indelible ink. The daily log shall be kept on
the Project(s) site(s) and shall be available at all times for inspection and copying by Project
Manager and Consultant.
The Project Manager, Contractor and Consultant shall meet at least every two (2)weeks or
as otherwise determined by the Project Manager, during the course of the Work to review
and agree upon the Work performed and outstanding issues. The Contractor shall publish,
keep, and distribute minutes and any comments thereto of each such meeting.
If Contractor, in the course of performing the Work, finds any discrepancy between the
Contract Documents and the physical conditions of the locality, or any errors, omissions, or
discrepancies in the Plans, it shall be Contractor's duty to immediately inform Project
Manager and Consultant, in writing, and Project Manager or Consultant, will promptly
review the same. Any Work done after such discovery, until authorized, will be done at
Contractor's sole risk.
Contractor shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for
the means, methods, techniques, sequences and procedures of construction.
All Work, including trade Work shall be performed and supervised by properly licensed for
the Work being performed.
24. Subcontractors
Contractor is solely responsible for all acts and omissions of its Subcontractors Nothing in
the Contract Documents shall create any contractual relationship between any
Subcontractor and the City. Contractor is responsible for the timely payment of its
Subcontractors and suppliers as required by Florida Stature. Failure to comply with these
payment requirements will place the Contractor in default of the Contract.
Contractor shall not employ any subcontractor against whom City and or Program Manager
may have a reasonable objection. Contractor shall not be required to employ any
subcontractor against whom Contractor has a reasonable objection.
Contractor shall utilize the Subcontractors identified in its Bid submission. The replacement,
addition, or deletion of any Subcontractor(s) shall be subject to the prior written approval of
the Project Manager. With the submission of its pay application the Contractor must
identify the number of personnel they and the Subcontractor(s) are using who are working
under H28 visas. Third tier subcontracting is only permitted - with the prior _written approval
of the Project Manager.
25. Authority of the Project Manaaer
The Director hereby authorizes the Project Manager and the Consultant designated in the
Contract Documents to determine, all questions of any nature whatsoever arising out of,
under or in connection with, or in any way relating to or on account of the Work, and
questions as to the interpretation of the Work to be performed under this Contract
Documents.
The Contractor shall be bound ,by all determinations or orders of the Project Manager
and/or Consultant and shall promptly respond to requests of the Project Manager and/or
Consultant, including the withdrawal or modification of any previous order, and regardless
of whether the Contractor agrees with the Project Manager's and/or Consultant's
determination or requests. Where requests are made orally, the Project. Manage and/or
Consultant will follow up in writing, as soon thereafter as is practicable.
The Project Manager and/or Consultant shall have authority to act on behalf of the City to
the extent provided by the Contract Documents, unless otherwise modified in writing by the
City. All instructions to the Contractor shall be issued in writing. All instructions to the
Contractor shall be issued through the Director, Project Manager or the Consultant.
The Project Manager and/or Consultant shall have access to the Project(s) Site(s) at all
times. The Contractor shall provide safe facilities for such access so the Project Manager
and Consultant may perform their functions under the Contract. The Project Manager and
Consultant will make periodic visits to the Work Site to become generally familiar with the
progress and quality of the Work, and to determine if the Work is proceeding in accordance
with the Contract Documents.
The Project Manager and Consultant will not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in
connection with the Work, and will not be resporj sible for the Contractor's failure to carry out
the Work in accordance with the Contract Documents.
The Project Manager and Consultant will ha I e authority to reject Work that does not
conform to the Contract Documents. Whenever, in his or her opinion, it is considered
necessary or advisable to ensure the proper completion of the Contract Documents the
Project Manager and Consultant will have authority to require special inspections or testing
of the Work, whether or not such Work is fabricated, installed or completed. Neither the
Project Manager's nor Consultant's authority to act under this paragraph, nor any decision
made by him in good faith either to exercise or not to exercise such authority, shall give rise
to any duty or responsibility of the Project Manager or Consultant to the Contractor, any
subcontractor, supplier or any of their agents, employees, or any other person performing
any of the Work.
All interpretations and recommendations of the Project Manager and Consultant shall be
consistent with the intent of the Contract Documents.
The Project Manager and Consultant will not be responsible for the acts or omissions of the
Contractor, any Subcontractor, or any of their agents or employees, or any other persons
performing any of the Work.
26. Inspection of Work
The Project Manager, Consultant, Inspectors, and other City representatives shall at all
times have access to the Work during normal work hours, and Contractor shall provide
proper facilities for such access and for inspecting, measuring and testing.
Should the Contract Documents, Consultant/Inspector Project Manager's instructions, any
laws, ordinances, or any public authority require any of the Work to be specially tested or
approved, Contractor shall give Project -Manager and Consultant timely notice of readiness
of the Work for testing. If the testing or approval is to be made by an authority other than a
City of contracted firm, timely notice shall be given of the date fixed for such testing. Testing
shall be made promptly, and, where practicable, at the source of supply. If any of the Work
should be covered up without approval or consent of Project Manager or Consultant, it
must, if required by the Project Manager and/or Consultant, be uncovered for examination
and properly restored at Contractor's expense.
Unless otherwise provided, the Contractor shall make arrangements for such tests,
inspections and approvals. The Contractor shall give the City and the Consultant timely
notice of when and where tests and inspections are to be made so that the City and
Consultant may be present for such .procedures. All testing reports are to be sent directly to
the Project Manager by the testing firm, with a copy to the Contractor.
Re-examination of any of the Work may be ordered by the Project Manager and Consultant,
and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in
accordance with the Contract Documents, City shall pay the cost of reexamination and
replacement by means of a Change Order. If such Work is not in accordance with the
Contract Documents, Contractor shall pay.such cost.
The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the City or separate contractors caused by
the Contractor's correction or removal of Work which is not in accordance with the
requirements of the Contract Documents.
Inspectors shall have no authority to permit deviations from, or to relax any of the provisions
of the Contract Documents or to delay the Work by failure to inspect the materials and Work
with reasonable promptness without the written permission or instruction of Project
Manager and Consultant.
The payment of any compensation, whatever may be its character or form, or the giving of
any gratuity or the granting of any favor by the Contractor to any Inspector, directly or
indirectly, is strictly prohibited, and any such act on the part of the Contractor will constitute
a breach of this Contract.
27. 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.
28. Separate Contracts
Prior to the commencement of the Work the Project Manager will notify the Contractor of all
ongoing projects or projects scheduled to commence during the Work that may require
coordination. The Contractor shall be responsible for coordinating the Work with any other
project to minimize any potential adverse impact. Contractor shall not be entitled to any
days of delay for failure to properly coordinate the Work. The Consultant and the Project
Manager will assist the Contractor in coordinating the Work. However, the sole
responsibility for coordination rests with the Contractor.
If any part of Contractor's Work depends for proper execution or results upon the work of
any other persons, Contractor shall inspect and promptly report to Project Manager and
Consultant any defects in such work that render it unsuitable for such proper execution and
results. Contractor's failure to so inspect and report shall constitute an acceptance of the
other person's work as fit and proper for the reception of Contractor's Work, except as to
defects which may develop in other contractor's work after the execution of Contractor's
Work.
Contractor shall conduct its operations and take all reasonable steps to coordinate the
prosecution of the Work so as to create no interference or impact on any other contractor
on the site. Should such interference or impact occur, Contractor shall be liable to the
affected contractor for the cost of such interference or impact.
To ensure the proper execution of subsequent Work, Contractor shall inspect the Work
already in place and shall at once report to Project Manager and Consultant any
discrepancy between the executed Work and the requirements of the Contract Documents.
29. Lands of Work
City .shall provide, as may be indicated in the Contract Documents, the lands upon which
the Work is to be performed, rights -of -way and easements for access thereto and such
other lands as are designated by City for the use of Contractor.
Contractor shall provide, at Contractor's own expense and without liability to City, any
additional land and access thereto that may be required for temporary construction
facilities, or for storage of materials. Contractor shall furnish to City copies of written
permission obtained by Contractor from the owners of such facilities.
30. Coordination of Work
The Project Site(s) may be occupied and may operate on a twenty-four hour seven day a
week schedule. Contractorshall ensure that the performance of the Work does not impact
any ongoing operations at Project(s) site(s), which also includes the delivery of any
materials and equipment. Access to and egress from the Project Site(s) shall be
coordinated with the Project Manager and the Consultant to minimize interference to
regular and emergency operations of the facility.
During progress of Work under this Contract, it may be necessary for other contractor's and
persons employed by the City to Work in or about the Project. The City reserves the right to
put such other contractors to work and to afford such access to the Project site of the Work
to be performed hereunder at such times as the City deems proper.
If this Contract requires a portion of the Work to be tied into work done under another
Contractor(s), it will be necessary for Contractor to plan its Work and cooperate with other
contractors insofar as possible to prevent any interference and delay.
The Contractor is required to coordinate the Work with other contractors performing work at
the Project(s) site. The Contractor shall not impede or interfere with the work of other
contractors engaged in or about the Work and shall so arrange and conduct its Work that
such other contractors may complete their work at the earliest date possible.
31. Differing Site Conditions
In the event that during the course of the Work Contractor encounters subsurface or
concealed conditions at the Project(s) site(s) which differ materially from those shown in the
Contract Documents and from those ordinarily encountered and generally recognized as
inherent in work of the character called for in the Contract Documents; or unknown physical
conditions of the Project(s) site(s), of an unusual nature, which • differ materially from that
ordinarily encountered and generally recognized as inherent in work of the character called
for in the Contract Documents, Contractor, without disturbing the conditions and before
performing any Work affected by such conditions, shall, within twenty-four (24) hours of
their discovery, notify the Project Manager and Consultant in writing of the existence of the
aforesaid conditions. Project Manager and the Consultant shall, within two (2) business
days after receipt of Contractor's written notice, investigate the site conditions identified by
Contractor. If, in the sole opinion of Project Manager or the Consultant, the conditions do
materially so differ and cause an increase or decrease in Contractor's cost of, or -the time
required for, the performance of any part of the Work, whether or not charged as a result of
the conditions, Project Manager or Consultant shall recommend an equitable adjustment to
the Contract Documents Price or Contract Documents Time, or both. If the Project Manager
and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the
adjustment shall be 'referred to the Director for determination. Should the Director
determine that the conditions of the Project(s) site(s) are not so materially different to justify
a change in the terms of the Contract Documents, the Director shall so notify the Project
Manager, Consultant, and Contractor in writing, stating the reasons, and such
determination shall be final and binding upon the parties hereto.
No request by Contractor for an equitable adjustment to the Contract Documents under this
provision shall be allowed unless Contractor has given written notice in strict accordance
with the provisions of this Article. No request for an equitable adjustment or change to the
Contract price or Contract Time for differing site conditions shall be allowed if made after
the datecertified. by Consultant or Project Manager as the date of substantial completion.
32. Existing Utilities
Known utilities and structures adjacent to or encountered in the Work may be shown on the
Drawings. Locations shown are taken from existing records and the best information
available from existing plans and utility investigations; however, it is expected that there
may be some discrepancies and omissions in the locations and quantities of utilities and
structures shown. Those shown are for the convenience of the Contractor only, and no
responsibility is assumed by either the City or its officials/employees for their accuracy or
completeness. No request for additional compensation or contract time resulting from
encountering utilities not shown will be considered. The Contractor shall explore sufficiently
ahead of the Work to allow time for any necessary adjustments The Contractor must
coordinate all underground utility locations through "Sunshine State One Call of Florida,
Inc", who shall be contacted a minimum of 48 hours before the Contractor commences any
digging. In addition, the Contractor is responsible for removing all utility markings once the
work is completed. Final payment to the Contractor may be withheld until the utility marks
are removed.
33. Contractor's Responsibility for Utility Properties and Service
Where the Contractor's operations could cause damage or inconvenience to railway,
telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation
systems, the Contractor shall make all arrangements necessary for the protection of these
utilities and services or any other known utilities.
Notify all utility companies that are affected by the construction operation at least 48 hours
in advance. Under no circumstance expose any utility without first obtaining permission
from the appropriate agency. -Once permission has been granted, locate, expose, and
provide temporary support for all existing underground utilities and utility poles where
necessary.
The Contractor and his Subcontractors shall be solely and directly responsible to the owner
and operators of such properties for any damage, injury, expense, loss, inconvenience,
delay, suits, actions, or claims of any character brought because of any injuries or damage
which may result from the construction operations under the Contract Documents.
Neither the City nor its officers or agents shall be responsible to the Contractor for damages
as a result of the Contractor's failure to protect utilities encountered in the Work.
In the event of interruption to domestic water, sewer, storm drain, or other utility services as
a result of accidental breakage due to construction operations, promptly notify the proper
authority. Cooperate with said authority in restoration of service as promptly as possible
and bear all costs of repair. In no event shall interruption of any utility service be allowed
unless granted by the owner of the utility.
In the event water service lines that interfere with trenching are encountered, the Contractor
may, by obtaining prior approval of the water utility, cut the service, dig through, and restore
the service with similar and equal materials at the Contractor's expense and as approved
by the Project Manager or Consultant.
Replace, with material approved by the Project Manager or Consultant, at Contractor's
expense, any and all other laterals, existing utilities or structures removed or damaged
during construction, unless otherwise provided for in the Contract Documents and as
approved by the Project Manager or Consultant.
Replace with material approved by the Project Manager or Consultant, at Contractor's
expense, any existing utilities damaged during the Work.
34. Interfering Structures
An attempt has been made to show major structures on the furnished Drawings. While the
information has been compiled from the best available sources, its completeness and
accuracy cannot be guaranteed, and is presented 'as a guide. The Contractor shall field
verify all locations. Contractor shall coordinate with any affected companies, including
utility companies and take necessary precautions to prevent damage to existing structures
whether on the surface, above ground, or underground, including have the owner of the
interfering structures place temporary supports.
35. Field Relocation
During the process of the Work, it is expected that minor relocations of the Work may be
necessary.-- -Such--relocations--shall-be--made -only--by -the direction -of--the-Project-.Manager-
and Consultant at the Contractor's expense. If existing structures are encountered that will
prevent construction as shown, the Contractor shall notify the Project Manager, or
Consultant before continuing with the Work in order that the Project Manager or Consultant
may make such field revisions as necessary to avoid conflict with the existing structures.
Where the Contractor fails to notify the Project Manager or Consultant when an existing
structure is encountered, and proceeds with the Work despite this interference, the
Contractor does so at his own risk.
36. Contractor's Use of Project Site(s)
Limitations may be placed on the Contractor's use of the Project(s) site(s) and such
limitations will be identified by the Project Manager. In addition to such limitations, the
Project Manager may make storage available to the Contractor at his sole discretion based
on availability of space. The Contractor shall also coordinate and schedule deliveries so as
to minimize disruptions to City day-to-day operations.
The Contractor shall limit its use of the Project site(s), so as to allow for the City's
continuous operation. This is necessary, as the Project Site(s) may remain in operation
during the Work.
• The Contractor shall:
o Confine operations at the Project(s) site(s) to the areas permitted by the Project
Manager or Consultant; not disturb portions of the Project(s) site(s) beyond the
specified areas; conform to Project(s) site(s) rules and regulations affecting the
Work.
o Keep existing driveways and entrances serving surrounding facilities clear and
available to the City, its employees and the public at all times; not use areas for
parking and/or storage of materials except as authorized by the Project
Manager.
o Assume all responsibility for its tools, equipment and materials, including any
materials purchased for the Work and not accepted by the City, and its vehicles
while performing Work for the City and/or while parked or stored at a City facility.
The City assumes no liability for damage or loss to the items specified in this
paragraph.
Access to parking and egress from the Project(s) site(s) shall be subject to the approval of
the Project Manager.
37. Warranty of Materials and Equipment
Contractor warrants to City that all materials and equipment furnished under the Contract
Documents will be new unless otherwise specified and that all of the Work will be of good
quality, free from faults and defects and in conformance with the Contract Documents and
Contract/Documents. All Work not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective. If
required by the Project Manager or Consultant, Contractor shall furnish satisfactory
evidence as to the kind and quality of materials and equipment. This warranty is not limited
by any other provisions within the Contract Documents.
38. Material and Equipment Shipment. Handling. Storage and Protection
Preparation for Shipment
When practical, equipment shall be factory assembled. The equipment parts and
assemblies that are shipped unassembled shall be furnished with assembly plan and
instructions. The separate parts and assemblies shall be factory match -marked or tagged in
a manner to facilitate assembly. All assemblies are to be made by the 'Contractor at no
additional cost to the City.
Generally, machined and unpainted parts subject to damage by the elements shall be
protected with an application of a strippable protective coating, or other approved protective
method.
Equipment shall be packaged or crated in a manner that will provide protection from
damage during shipping, handling, and storage.
The outside of the package or crate shall be adequately marked or tagged to indicate its
contents by name and equipment number, if applicable; approximate weight; state any
special precautions for handling; and indicate the recommended requirements for storage
prior to installation.
Packaging and Delivery of Spare Parts and Special Tools
Properly mark to identify the associated equipment by name, equipment, and part number.
Parts shall be packaged in a manner for protection against damage from the elements
during shipping, handling, and storage. Ship in boxes that are marked to indicate the
contents. Delivery of spare parts and special tools shall be made prior to the time
associated equipment is scheduled for the initial test run.
Shipment
All equipment and material shall be shipped with freight and shipping paid, FOB job site.
The Contractor shall request a 7-day advance notice of shipment from manufacturers, and,
upon receipt of such notice, provide the Engineer with a copy of the current delivery
information concerning equipment items and material items of critical importance to the
Project schedule.
Receiving
The Contractor shall unload and record the receipt of all equipment and materials at the
jobsite.
All costs for receiving, inspection, handling, storage, insurance, inventory control, and
equipment maintenance for the Contractor -supplied and City -supplied materials and
equipment shall be included in the prices Bid and no extra compensation will be allowed.
Inspection
Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall
inspect for completeness . and any evidence of damage during shipment. City supplied
equipment and material shall be inspected and inventoried together with City's Inspector.
Should there appear to be any shortage or damage, the Project Manager or Consultant
shall be immediately notified; and the Contractor shall be fully responsible for informing the
manufacturers and the transportation company of the extent of -the shortage or damage. If
the item or items require replacing or supplying missing parts, the Contractor shall take the
necessary measures to expedite the replacement or supply the missing parts.
Handling
Equipment and materials received for installation on the Project(s) shall be handled in
accordance with the manufacturer's recommendations, and in a manner that will prevent
damage.
Storaoe
Equipment and materials shall be stored prior to installation as recommended by the
manufacturer. Generally, materials such as pipe shall be stored off the ground in approved
storage yards. Items subject to damage by the elements, vandalism, or theft shall be stored
in secure buildings: Items requiring environmental control for protection shall be provided
with the necessary environmentally controlled storage facilities at no cost to the City.
insurance
The Contractor's insurance shall adequately cover the value of materials delivered but not
yet incorporated into the Work.
Inventory Control
Equipment and materials shall be stored in a manner to provide easy access for inspection
and inventory control. The Contractor shall keep a running account of all materials in
storage to facilitate inspection and to estimate progress payments for materials delivered
but not installed in the Work.
Equipment's Maintenance Prior to Acceptance by the City
The contractor shall provide the required or manufacturer's recommended maintenance_
during storage, during the installation, and until such time as the City accepts the
equipment for full-time operation.
Salvage Equipment
Any salvageable pipe, fittings, or other miscellaneous material or equipment removed
during construction and not reused in the Work shall be cleaned, hauled, and stored by the
Contractor at his own expense, where directed by the Project Manager or Consultant, and
shall remain the property of the City. All other material shall be disposed of by the
Contractor at his own expense.
39. Manufacturer's Instructions
The Contractor shall:
Comply with manufacturer's requirements for the handling, delivery and storage of all
materials. Where required by the Contract Documents, Contractor shall submit
manufacturer's printed instructions for delivery, storage, assembly, and installation.
Comply with the manufacturer's applicable instructions and recommendations for the
performance of the Work, to the extent that these instructions and recommendations are
more explicit or more stringent than requirements indicated in the Contract Documents
including the Contract Documents.
Inspect each item of material or equipment immediately prior to installation and reject
damaged and defective items.
Provide attachment and connection devices and methods for securing the Work; secure
Work true to line plumb and level, _ and within recognized industry standards; allow for
expansion and building movement; provide uniform joint width in exposed Work; arrange
joints in exposed Work to obtain the best visual effect and refer questionable visual effect
choices to the Consultant for final decision when applicable to the Work.
Recheck measurements and dimensions of the Work, as an integral step in starting each
portion of the Work.
Install each unit or section of Work during favorable weather conditions, which shall ensure
the best possible results in coordination with the entire Project(s) and isolate each unit of
Work from incompatible Work as necessary to prevent potential interference among each
section and/or deterioration of equipment.
Coordinate enclosure of the Work, which requires inspections and tests so as to minimize
the necessity of uncovering -Work for that purpose.
When required by the Contract Documents or the manufacturer, a qualified representative
shall be present to observe field conditions, conditions of surface and installation, quality of
workmanship, and applications. Manufacturer's representative shall provide the Contractor
and the Project Manager or Consultant a written report of field observations.
40. Manufacturer's Warranty
Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or
implied, shall be made available to the City for material and equipment covered by this
Contract Documents. All material and equipment furnished shall be fully guaranteed by the
Contractor against factory defects and workmanship. At no expense to the City, the
Contractor shall correct any and all apparent and latent defects that may occur within the
manufacturer's standard warranty. The Contract Documents may supersede the
manufacturer's standard warranty. Manufacturer's warranties will become effective upon
Final Acceptance of the Project(s).
41. Reference Standards
Reference to the standards of any technical society, organization or body shall be
construed to mean the latest standard adopted and published at the date the Invitation to
Bid was issued, even though reference may have been made to an earlier standard. Such
reference is hereby made a part of the Contract Documents the same as if herein repeated
in full and in the event of any conflict between any of these standards and those specified,
the most stringent shall govern unless otherwise stated.
42. Submittals
Contractor shall check and approve all shop drawing, samples, product data, schedule of
values, and any and all other Submittals to make sure they comply with the Contract
Documents prior to submission to the Project Manager and Consultant.
Contractor by approving and submitting any Submittals, represents that they have verified
the accuracy of the Submittals, and they have verified all of the Submittal information and
documentation with the requirements of the Contract Documents. At time of submission the
Contractor shall advise the Project Manager and Consultant in writing of any deviations
from the Contract Documents. Failure of the Contractor to` advise the Project Manager or
Consultant of any deviations shall make -the Contractor solely responsible for any costs
incurred to correct, add or modify any portion' of the Work to comply with the Contract
Documents.
Each Submittal shall contain a title block containing the following information:
• Number and title of drawing, including Contract title and Number
• Date of drawing and revisions
• Name of Contractor and Subcontractor (if any) submitting drawings
• Name of Project, Building or Facility, and Owner's Project number
• Specification Section title and number
• Contractor's Stamp of approval, signed by the Contractor or his checker
Space above the title block for Project Manager' or Consultant's action stamp
• Submittal or re -submittal number (whietherfirst, second, third, etc.)
• Date of submittal
Contractor shall sign, in the proper block, each sheet of shop drawing and data and each
sample label to certify compliance with the requirements of the Contract Documents.
Submittals submitted without the stamp and signature shall be rejected and it will be
considered that the Contractor has not cornered with the requirements of the Contract
Documents. Contractor shall bear the risk of any delaysthat may occur as a result of such
rejection.
City shall not be liable for any materials, fabrication of products or Work commenced that
requires submittals until the Project Manager and/or Consultant has returned approved
submittals to the Contractor.
Contractor shall submit six (6) originals of each Submittal to the City. The City will return
three marked/reviewed sets to the Contractor. A Contractor's letter of transmittal cover
sheet must be attached to all Submittals' packages being transmitted to the City and
Consultant. The Contractor's letters of transmittal shall properly list and identify all Submittal
packages with number and description of each Submittal' within the letter of transmittal.
When catalogs, product data, diagrams or charts are submitted with more than one type of
product manufactured, clearly identify the particular item being submitted, including options
that are intended for use in that particular work or portion of work.
Contractor shall note in submittals/shop drawings to make references to Drawings,
drawings details, Specifications Sections, or any of the Contract Documents, as necessary
for clarity.
. Project Manager and/or Consultant shall make every effort to review Submittals within
fourteen (14) calendar days from the date of receipt by the Project Manager and/or
Consultant. Project Manager and/or Consultant's review shall only be for conformance with
design concepts and the information provided in the Contract Documents. The approval of
a separate item shall not constitute approval of an assembly in which the item functions.
The Project Manager and/or Consultant shall return the reviewed Submittal to the
Contractor for their use and distribution.
Acceptance of any submittal by the City or Consultant shall not relieve the Contractor of any
responsibility for any deviations from the requirements of the Contract Documents unless
the Contractor has given written notice to the Project Manager and/or Consultant of the
specific deviations and the Consultant has issued written approval of such deviations.
By approving and submitting shop drawings, product data and samples, the Contractor
represents that all materials, field measurements and field construction criteria related
thereto have been verified, checked and coordinated with the requirements of the Work and
have been verified, checked and coordinated with this Contract Documents.
Contractor shall be responsible for the distribution of all shop drawings, copies of product
data and samples, which bear the Project Manager's or Consultant's stamp of approval.
Distribution shall include, but not limited to; job site file, record documents file,
Subcontractor, suppliers, and other affected parties or entities that require the information.
The Contractor shall also provide copies of all plans approved and permitted by the
required governing authorities.
The Contractor shall not be relieved of responsibility for errors or omissions in any and all
submittals by the Project Manager's or Consultant's acceptance thereof. The Contractor
warrants the adequacy for the purpose intended of any shop drawings or portion of a
Submittal that alters, modifies or adds to the requirements of the Contract Documents.
Nothing in the Project Manager's or Consultant's review of Submittals shall be construed. as
authorizing additional work or increased cost to the City.
43. Shop Drawings
Contractor shall submit Shop Drawings as required by the Contract Documents. The
purpose of the Shop Drawings is to show, in detail, the suitability, efficiency, technique of
manufacture, installation requirements, details of the item, and evidence of its compliance
or noncompliance with this Contract Documents.
Within five (5) calendar days after City's award of the Contract, Contractor shall submit to
Project Manager or Consultant a complete list and submittal log of items for which Shop
Drawings are to be submitted and shall identify the critical items and all submittal dates.
Approval of this list by Project Manager or Consultant shall in no way relieve the Contractor
from submitting complete Shop Drawings and providing materials, equipment, etc., fully in
accordance with the Contract Documents. This procedure is required in order to expedite
final approval of Shop Drawings.
After the approval of the list of items required in above, Contractor shall promptly request
Shop Drawings from the various manufacturers, fabricators, and suppliers.
Contractor shall thoroughly review and check the Shop Drawings and each and every copy
shall show its approval thereon. Contractor shall submit three (3) sets of shop drawings.
Some shop drawings as either denoted in the Contract Documents or by the Florida
Building Code (Code) or Florida Statute, such as structural drawings, require that they be
prepared by a licensed engineer. It is the sole responsibility of the Contractor to ensure
that the Shop Drawings meet all Code requirements.
If the Shop Drawings show or indicate departures from the Contract Documents, Contractor
shall make specific mention thereof in its letter of transmittal. Failure to point out such
departures shall not relieve Contractor from its responsibility to comply with the Contract
and Documents.
Project Manager or Consultant shall review and accept or reject with comments, Shop
Drawings within fourteen (14) calendar days from the date received. Project Manager's or
Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of
responsibility for the accuracy of such Shop Drawings, nor for the proper fitting and
construction of the Work, nor for the furnishing of materials or Work required by the
Contract Documents and not indicated on the Shop Drawings. No Work called for by Shop
Drawings shall be performed until said Shop Drawings have been approved by Project
Manager and/or Consultant. Approval shall not relieve Contractor from responsibility for
errors or omissions of any sort on the Shop Drawings.
No approval will be given to partial submittals of Shop Drawings for items which
interconnect and/or are interdependent where necessary to properly evaluate the design. It
is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting
and/or interdependent items, check them and then make one submittal to Project Manager
and/or Consultant along with its comments as to compliance, noncompliance, or features
requiring special attention.
If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop
Drawings, any additional information or changes on such drawings shall be typewritten or
lettered in ink.
The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear,
thoroughly detailed and shall have listed on it all Contract Documents references, drawing
number(s), specification section number(s) and the shop drawing numbers of related work.
Shop drawings must be complete in every detail, including location of the Work. Materials,
gauges, methods of fastening and spacing of fastenings, connections with other work,
cutting, fitting, drilling and any and all other necessary information per standard trade
practices or as required for any specific purpose shall be shown.
Where professional calculations and/or certification of performance criteria of materials,
systems, and or equipment are required, the Project Manager and/or Consultant are
entitled to rely upon the accuracy and completeness of such calculations and certifications
submitted by the Contractor. Calculations, when required, shall be submitted in a neat
clear and easy format to follow.
Contractor shall keep one set of Shop Drawings marked with Project Manager's and/or
Consultant's approval at the job site at all times.
44. Product Data
Contractor shall submit four (4) copies of product data, warranty information and operating
and maintenance manuals. Each copy must be marked to identify applicable products,
models, options and other data. Contractor shall supplement manufacturer's standard data
to provide information unique to the Work.
Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify
pertinent products, with references to the specifications and the Contract Documents.
Identify reference standards, performance characteristics and capacities, wiring and piping
diagrams and controls, component parts, finishes, dimensions and required clearances.
Contractor shall submit a draft of all product data, warranty information and operating and
maintenance manuals at 50°/0 completion of construction.
45. Samples
Contractor shall submit samples to illustrate the functional characteristics of the product(s).
Submittals shall be coordinated for different categories of interfacing Work. Contractor shall
include identification on each sample and provide full information.
46. Record Set
Contractor shall maintain in a safe place at the Project(s) site(s) one record copy and one
permit set of the Contract Documents, including, but not limited to, all Drawings,
Specifications, shop drawings, amendments, Change Orders, RFIs, and Field Directives, as
well as all written interpretations and clarifications issued by the Project Manager or
Consultant, in good order and annotated to show all changes made during construction.
The record documents shall be continuously updated by Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Construction Change
Directives, and Field Directives as well as all written interpretations and clarifications, and
all concealed and buried installations of piping, conduit and utility services. Contractor shall
certify the accuracy of the updated record documents. As a condition precedent to City's
obligation to pay Contractor, the Contractor shall provide evidence, satisfactory to the
Project Manager and the Consultant, that Contractor is fulfilling its obligation to continuously
update the record documents. All buried items, outside the Project(s) site(s), shall be
accurately located on the record documents as to depth and in relationship to not less than
two (2) permanent features (e.g. interior or exterior wall faces). The record documents shall
be clean and all changes, corrections and dimensions shall be given in a neat and legible
manner in red. The record documents shall be available to the City and the Consultant for
reference. Upon completion of the Work and as a condition precedent to Contractor's
entitlement to final payment, the record documents shall be delivered to the Project
Manager or Consultant by the Contractor. The Record Set of Drawing shall be submitted in
both hard copy and as electronic plot files.
47. Supplemental Drawings and Instructions
The Project Manager or Consultant shall have the right to approve and issue supplemental
instructions setting forth written orders, instructions, or interpretations concerning the
Contract Documents or its performance, provided such Supplemental Instructions involve
no change in the Contract Documents Price or this Contract Documents Time.
Project Manager or Consultant shall have the right to modify the details of the plans and
specifications, tosupplementthe plans and specifications with additional -plans, drawings or
additional information as the Work proceeds, all of which shall be considered as part of the
Contract Documents. In case of disagreement between the written and graphic portions of
the Contract Documents, the written portion shall govern.
48. Contractor Furnished Drawings
The Contract Documents may require the Contractor to furnish design, shop and/or as -built
drawings depending on the nature and scope of the Work to be performed. The following
applies to the different types of drawings.
The Project Manager and/or Consultant shall, after review of the drawings, initial and mark
the drawings in one of the following manners:
1. ACCEPTED - No correction required.
2. PROCEED AS CORRECTED - Minor changes or corrections identified. Work
can proceed subject to re -submittal and acceptance of the drawings.
3. REVISE AND RESUBMIT- Significant changes or corrections are
recommended. Submittal must be revised and resubmitted for acceptance prior
to Work proceeding.
4. REJECTED - Not in accordance with the Contract and/or Contract Documents
due to excessive changes or corrections or other justifiable reason. Drawings
must be corrected and resubmitted prior to any Work being performed.
Revisions required by the permitting jurisdiction must also be reviewed and accepted by the
Project Manager or Consultant prior to resubmission to the permitting agency.
Acceptance by the City shall not relieve the Contractor from responsibility for errors and
omissions in the drawings.
49. Substitutions
Substitutions will only be considered after the award of the Contract. Whenever materials
or equipment are specified or described in the Contract Documents by using the name of a
proprietary item or the name of a particular supplier, the naming of the item is intended to
establish the type, function and quality required.. Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other suppliers may be
accepted by Project Manager if sufficient information is submitted by Contractor to allow
City and Consultant to determine that the material or equipment proposed is equivalent or
equal. to that named. Requests for review of substitute items of material and equipment will
not be accepted by City and Consultant from anyone other than Contractor.
If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor
shall make application to the Consultant for acceptance thereof, certifying that the proposed
substitute shall perform adequately the functions and achieve the results called for by the
general design, be similar and of equal substance to that specified and be suited to the
same use as that specified. The application shall state that the evaluation and acceptance
of the proposed substitute will not prejudice Contractor's achievement of Substantial
Completion on time, whether or not acceptance of the substitute for use in the Work will
require a change in any of the Contract Documents to adapt the design to the proposed
substitute and whether or not incorporation or use by the substitute in connection with the
Work is subject to payment of any license fee or royalty. All variations of the proposed
substitute from that specified will be identified in the application and available maintenance,
repair and replacement service shall be indicated. The application also shall contain an
itemized estimate of all costs that will result directly or indirectly from acceptance of such
substitute, including costs for redesign and claims of other contractors affected by the
resulting change, all of which shall be considered by the Project Manager and the
Consultant in evaluating the proposed substitute. The Project Manager or Consultant may
require .the .Contractor to furnish at Contractor's expense additional data about the
proposed substitute.
If a specific means, method, technique, sequence or procedure of construction is indicated
in or required by Contract Documents, Contractor may furnish or utilize a substitute means,
method, technique, sequence or procedure of construction acceptable to the Consultant, if
the Contractor submits sufficient information to allow the Consultant to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents.
The procedures for submission to and review by the Consultant shall be.the same as those
provided herein .for_substitute.materials ..and equipment.
The Consultant shall be allowed a reasonable time within which to evaluate each proposed
substitute. The Consultant and the City shall be the sole judges of the acceptability of any
substitute. No substitute shall be ordered, installed or utilized without the City's and the
Consultant's prior written.acceptance which shall be evidenced by either a Change Order or
an approved submittal. The City and the Consultant may require the Contractor to furnish at
Contractor's expense a special performance guarantee or other surety with respect to any
substitute. If the City and the Consultant rejects the proposed substitute, at their discretion,
the City may require the Contractor to reimburse the City for the charges of the Consultant
for evaluating the proposed ,substitute.
Contractor shall have a maximum of two (2) re -submittals for any substitution or approved
equal to be reviewed by the City of Miami Project Manager and/or Architect or Engineer of
Record. Contractor shall comply with the original contract documents and specifications
after the two (2) re -submittals have been deemed "non -compliant with the contract
documents.
Contractor shall maintain sole liability and responsibility for ensuring that all substitutions
and any required design of such are in full compliance with and meet all the requirements of
the Contract Documents.
50. • City Furnished Drawings
The City, at its sole discretion, may furnish design drawings. It shall be the sole
responsibility of the Contractor to bring to the immediate attention of the Project Manager
_and the Consultant any discrepancies between the drawings and existing conditions,
excluding hidden or unforeseen conditions, discovered prior to commencing and during the
Work. The Contractor shall be solely responsible for verifying the accuracy of the drawings
prior to commencing the Work, and shall be responsible for any errors or revisions of the
Work, which might have been avoided by notifying the City prior to commencement. This
shall also apply to any revisions or omissions identified by the Contractor. The Contractor
shall submit all requests for information entitled Request for Information (RFI). The City
shall respond to all RFI's in writing.
The Contractor shall have no basis for any claim for additional costs resulting from their
failure to identify any required revisions, omissions and/or errors, not identified in writing to
the Project Manager or Consultant prior to commencing the Work.
51. Interpretation of Drawings and Documents
Drawings and specifications are intended to be consistent, be mutually explanatory, and
should be used together and not separately. During the performance of the Project(s),
should any errors, omissions, conflicts, ambiguities or discrepancies be found in the
drawings and/or specifications, the Project Manager or the Consultant will clarify in writing
the intent of the drawings and/or specifications and the Contractor agrees to abide by the
Project Manager's or Consultants interpretation and perform the Work in accordance with
the decision of the Project Manager or the Consultant. In such event, the Contractor will be
held to have included in its Contract Price the best materials suitable for the purpose and/or
methods of construction.
The drawings are to be addressed as a complete set and should not be used in parts.
Contractor is responsible to coordinate the set of drawings with all trades to ensure that the
Work will be performed correctly and coordinated among the trades. Contractor shall not
scale the drawings.
52. Product and Material Testing
All tests shall be performed by the Contractor, except where otherwise specifically stated in
the Contract Documents. All costs for testing performed by the Contractor shall be at the
Contractor's expense. All report's are to be sent directly to the City's Project Manager with
a copy to the Contractor. The City may, in its sole and absolute discretion, test materials
and products at its own cost. However, should such materials or products fail to pass -the
test and/or meet the requirements of the Contract Documents, the Contractor shall
reimburse the City for the cost of such tests and repair or replace said materials or
products. In such instances the City may deduct such cost from any payments pending to
the Contractor. The City may require that the Contractor provide the name and qualification
of the company(ies) providing the testing services, inclusive of the testing laboratory(ies).
The City, in its sole discretion, may accept or reject the use of any company or laboratory
41
that it determines does not possess the required licenses or expertise to perform their
portion of the Work.
53. Field Directives
The Project Manager or Consultant may at times issue field directives to the Contractor
based on visits to the Project(s) Site(s). Such Field Directives shall be issued in writing and
the Contractor shall be required to comply with the directive. Where the Contractor
believes that the directive is outside the scope of the Work, the Contractor shall, within 48
hours, notify the Project Manager or Consultant that the work is outside the scope of the
Work. At that time the Field Directive may be rescinded or the Contractor may be required
to submit a request for a change to the Contract. Where the Contractor is notified of the
City's position that the Work is within the scope and the Contractor disagrees, the
Contractor shall notify the Project Manager or Consultant that the Contractor reserves the
right to make a claim for the time and monies based on the Field Directive. At no time shall
the Contractor refuse to comply with the directive. Failure to comply with the directive may
result in a determination that the Contractor is in default of the Contract.
54. Changes in the Work or Contract Documents _
Without invalidating the Contract Documents and without notice to any _Surety, City
reserves and shall have the right, from time to time to make such increases, decreases or
other changes in the character or quantity of the Work under the Contract Documents as
may be considered necessary or desirable to complete fully and acceptably the proposed
construction of a Project in a satisfactory manner. Any extra or additional -Work within the
scope of the Project(s) must be accomplished by means of appropriate Field Orders and
Supplemental Instructions or Change Orders.
Any changes to the terms of the Contract Documents must be contained in a written
document, executed by the parties hereto. This section shall not prohibit the issuance of
Change Orders executed only by City.
55. Continuing the Work
Contractor shall carry on the Work and adhere to the progress schedule during all disputes
or disagreements with City, including disputes or disagreements concerning a request for a
Change Order, a request for a change in the Contract price or Contract time for completion.
The Work shall not be delayed or postponed pending resolution of any disputes or
disagreements.
56. Change Orders
Changes in the quantity or character of the Work within the scope of the Project(s) which
are. not properly the subject ofField . Orders or Supplemental Instructions, including all
changes' resulting in changes in the Contract Price, or the Contract Time, shall be
authorized only by Change Orders approved in advance and issued in accordance with the
provisions of the City.
In the event satisfactory adjustment cannot be reached for any item requiring a change in
the Contract Price or Contract Time, and a Change Order has not been issued, City
reserves the right at its sole option to either terminate the Contract as it applies to the items
in question and make such arrangements as may be deemed necessary to complete the
disputed work; ._or _submit .the ..matter in dispute to the _Director as set forth in Article 88,
Resolution of Disputes. During the pendency of the dispute, and upon receipt of a Change
Order approved by City, Contractor shall promptly proceed with the change in the Work
involved and advise the Project Manager, Consultant, and Director in writing within seven
(7) calendar days of Contractor's agreement or disagreement with the method, if any,
provided in the Change Order for determining the proposed adjustment in the Contract
Price or Contract Time.
On approval of any Contract change increasing the Contract Price, Contractor shall ensure
that the performance bond and payment bond (if applicable) are increased so that each
reflects the total Contract Price as increased.
Under circumstances determined necessary by City, Change Orders may be issued
unilaterally by City.
The City reserves the right to order changes which may result in additions to or reductions
from the amount, type or value of the Work shown in the Contract and which are within the
general scope of the Contract Documents. Any such changes will be known as Extra Work.
No Extra Work shall be performed except pursuant to written orders of the Project Manager
or Consultant expressly and unmistakably indicating his/her intention to treat the Work
described therein as Extra Work. In the absence of such an order, the Project Manager or
Consultant may direct, order or require the Contractor to perform any Work including that
which the Contractor deems to be Extra Work. The Contractor shall nevertheless comply
and shall promptly and in no event after, begin the performance thereof or incur cost
attributable thereto and give written notice to the Project Manager stating why he deems
such Work (hereinafter "Disputed Work") to be Extra Work. Said notice is for the purposes
of (1) affording an opportunity to the Project Manager to cancel such order, direction or
requirements promptly; (2) affording an opportunity to the Project Manager to keep an
accurate record of materials, labor and other items involved; and (3) affording an
opportunity to the City to take such action as it may deem advisable in Tight of such
disputed Work.
57. Change Order Procedure
Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract
representing the reasonable cost or the reasonable financial savings related to the change
in Work. Extra Work may also result in an equitable adjustment in the Contract schedule
for performance for both the Extra Work and any other Work affected by the Extra Work.
The City shall initiate the Extra Work procedure by a notice -to Contractor outlining the
proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the
Contractor is required to immediately start the Extra Work. The Contractor is required to
obtain permission for an extension to start the Extra Work if it is beyond the Contractor's
ability to start within the allotted timeframe.
The Contractor is required to provide the Project Manager with a detailed Change Proposal
Request, using City Forms CPR Parts A-C (available on the CIP webpage), which shall
include requested revisions to the Contract, including but not limited to adjustments in this
Contract Price and Contract Time. The Contractor is required to provide sufficient data in
support of the cost proposal demonstrating its reasonableness. .In furtherance of this
obligation, .the .City may require that the contracto.r .submit any. or all of the following: acost
breakdown of material costs, labor costs, labor rates by trade, and Work classification and
overhead rates in support of Contractor's Change Proposal Request. The Contractor's
Change Proposal Request must include any schedule revisions and an explanation of the
cost and schedule impact of the Extra Work on the Project(s). If the Contractor fails to
notify the: Project Manager or Consultant of the schedule changes associated with the Extra
Work, it will be deemed to be an acknowledgment by Contractor that the proposed Extra
Work will not have any scheduling consequences. The Contractor agrees the Change
Proposal Request will in no event include a combined profit and overhead rate in excess of
ten (10%)- percent of the direct labor and materialcosts, unless the Project Manager
determines that the complexity and risk of the Extra Work is such that an additional factor is
appropriate. The Change Proposal Request may be accepted or modified by negotiations
between the Contractor and the City. If an agreement on the Extra Work is reached, both
partiesshall execute .the.Extra Work orderin writing _via a Change Order. The execution by.
the Contractor of the Change Order shall serve as a release of the City from all claims and
liability to the Contractor relating to, or in connection with, the Extra Work, including any
impact, and any prior acts, neglect or default of the City relating to the Extra Work.
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Upon execution of a change order that affects the Contract Time the Contractor shall, within
five (5) business days submit a revised Project schedule reflecting the changes against the
baseline schedule.
58. No Oral Changes
Except to the extent expressly set forth in the Contract, no change in or
modification, termination or discharge of the Contract or, in any form whatsoever,
shall be valid or enforceable unless it is in writing and signed by the parties
charged, therewith or their duly authorized representative.
59. Value of Change Order Work
The value of any Work covered by a Change Proposal Request or of any claim for an
increase or decrease in the Contract Price shall be determined in one of the following ways:
• Where the Work involved is covered by unit prices contained in the Contract, by
application of unit prices to the quantities of items involved,
• By mutual acceptance of a lump sum which Contractor and Project Manager
acknowledge contains a component for overhead and profit.
• On the basis of the "cost of Work," determined as provided in this, plus a
Contractor's fee for overhead and profit which is determined as provided in this
Article.
• The term "cost of Work" means the sum of all direct costs necessarily incurred
and paid by Contractor in the proper performance of the Work described in the
Change Order. Except as otherwise may be agreed to in writing by the Project
Manager, such costs shall be in amounts no higher than those prevailing in the
locality of the Project, shall include only the following items and shall not include
any of the costs itemized in herein.
Payroll costs for employees in the direct employ of Contractor in the performance of the
Work described in the Change Proposal Request under schedules of job classifications
agreed upon by Project Manager and Contractor. Payroll costs for employees not
employed full time on the Work covered by the Change Proposal Request shall be
apportioned on the basis of their time spent on the Work. Payroll costs shall include, but
not be limited to, salaries and wages plus the cost of fringe benefits which shall include
social security contributions, unemployment, excise and payroll taxes, workers' or
workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and
holiday pay application thereto. Such employees shall include superintendents and
foremen at the site. The expenses of performing the Work after regular working hours, on
Sunday or legal holidays shall be included in the above to the extent authorized by City.
Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and manufacturers' field services required in
connection therewith. All cash discounts shall accrue to Contractor unless City deposits
funds with Contractor with which to make payments, in which case the cash discounts shall
accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus
materials and equipment shall accrue to City and Contractor shall make provisions so that
they may be obtained. Rentals of all construction equipment and machinery and the parts
thereof whether rented from Contractor or others in accordance with rental agreements
approved -by -.City. -with -the... advice. of Consultant and the .costs of transportation, :loading,
unloading, installation, dismantling and removal thereof, all in accordance with the terms of
said agreements. The rental of any such equipment, machinery or parts shall cease when
the use thereof is no longer necessary for the Work.
If required by.the-City, Contractor shallobtain .competitive .bids for the Change .Order.Work.
Contractor and shall deliver such competitive bids to the City who will determine which bids
will be accepted. If the Subcontractor is to be paid on the basis of cost of the Work plus a
fee, the Subcontractor's cost of the Work shall be determined in the same manner as
Contractor's cost of the Work. All Subcontractors shall be subject to the other provisions of
the Contract Documents insofar as applicable.
The term "cost of the Work" shall include any of the following:
• Cost of special consultants, including, but not limited to, consultants, architects,
testing laboratories, and surveyors employed for services specifically related to
the performance of the Work described in the Change Order.
• Supplemental costs including the following:
• The proportion of necessary transportation, travel and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work
except for local travel to and from the site of the Work.
• Cost, including transportation and maintenance, of all materials, supplies,
equipment, machinery, appliances, office and temporary facilities at the site and
hand tools not owned by the workmen, which are consumed in the performance
of the Work, and less market value of such items used but not consumed which
remains the property of Contractor.
• Sales, use, or similar taxes related to the Work, and for which Contractor is
liable, imposed by any governmental authority.
• Deposits lost for causes other than Contractor's negligence; royalty payments
and fees for permits and licenses.
• The cost of utilities, fuel and sanitary facilities at the site.
• Receipted minor expenses such as telegrams, long distance telephone calls,
telephone service at the site, expressage and similar petty cash items in
connection with the Work.
Cost of premiums for additional bonds and insurance required because of
changes in the Work.
The term "cost of the Work" shall not include any of the following:
• Payroll costs and other compensation of Contractor's officers, executives,
principals (of partnership and sole proprietorships), general managers,
consultants, architects, estimators, lawyers, auditors, accountants, purchasing
and contracting agents, expediters, timekeepers,clerks and other personnel
employed by Contractor whether at the site or in its principal or a branch office
for general administration of the Work and not specifically included in the
agreed -upon schedule of job classifications., all of which are to be considered
administrative costs covered by Contractor's fee.
• Expenses of Contractor's principal and branch offices other than Contractor's
office at the site.
• Any part of Contractor's capital expenses, including interest on Contractor's
capital .employed for the Work and charges against Contractor for delinquent
payments.
Cost of premiums for all Bonds and for all insurance whether or not Contractor is
required by the Contract Documents to purchase and maintain the same, except
for additional bonds and insurance required because of changes in the Work.
• Costs due to the negligence or neglect of Contractor, any Subcontractors, or
anyone directly or indirectly employed by any of them or for whose acts any of
them may be liable, including but not limited to, the correction of defective Work,
disposal of materials or equipment wrongly supplied and making good any
damage to property.
• Other overhead or general expense costs of any kind and the cost of any item
not specifically and expressly included in this Article.
Contractor's fee allowed to Contractor for overhead and profit shall be determined as
follows:
• A mutually acceptable fixed fee or if none can be agreed upon,
45
• A fee based on the following percentages of the various portions of the cost of
the Work:
■ Where the Contractor self -performs the Work, Contractor's fee shall not exceed
ten percent (10%).
• Where a sub -contractor performs the Work, Contractor's fee shall not exceed
seven and one half percent (7.5°10); and if a subcontract is on the basis of cost of
the Work plus a fee, the maximum allowable to the Subcontractor as a fee for
overhead and profit shall not exceed ten percent (10%); and
■ No fee shall be payable for special consultants or supplemental costs.
Contractor's overhead is considered to cover all indirect costs and shall also include the
costs of insurance and bonds.
The amount of credit to be allowed by Contractor to City for any such change which results
in a net decrease in cost will be the amount of the actual net decrease. When both
additions and credits are involved in any one change, the combined overhead and profit
shall be. figured on the basis of the net increase, if any, however, Contractor shall not be
entitled to claim lost profits for any Work not performed.
Whenever the cost of any Work is to be determined pursuant to this Article, Contractor will
submit in a form acceptable to Project Manager or Consultant an itemized cost breakdown
together with the supporting data.
Whenever a change in the Work is to be based on mutual acceptance of a lump sum,
whether the amount is an addition, credit or no change -in -cost, Contractor shall submit an
initial cost estimate acceptable to the Project Manager or Consultant.
• Breakdown shall list the quantities and unit prices for materials, labor, equipment
and other items of cost.
• Whenever a change involves Contractor and one or more Subcontractors and
the change is an increase in the Contract Price, overhead and profit percentage
for Contractor and each Subcontractor shall -be itemized separately.
• Each Change Order must state within the body of the Change Proposal Request
whether it is based upon unit price, negotiated lump sum, or "cost of the Work."
60. Extra Work Directive
If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or
extenuating circumstances, the City may nevertheless issue a directive to the Contractor to
do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the
Contractor shall be obligated to proceed with the Work set forth in that directive.
Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to
the Article 88, -Resolution of Disputes, by furnishing .a .written .statement _to. the Project
Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such
Extra Work which the Contractor disputes. Such dispute must relate to specific matters
raised or specific matters reserved by the Contractor in its proposal and have not been
resolved prior to the issuance of the Extra Work Directive. The written statement must set
forth all details of the Contractor's claim including the manner that the disputed item was
specified in the Contractor's proposal. During the pendency of any dispute hereunder, the
Contractor must proceed with Work as set forth in the Extra Work Directive unless
otherwise advised by the Project Manager's written instructions. In the event there is a
dispute as to price, the Contractor will be paid in accordance with the following paragraph.
This payment(s) will be in full satisfaction of the Contractor's claim for an adjustment to the
value of the Contract.
Compensation for Extra Work in the event of the parties' inability to agree upon a mutually.
satisfactory price shall be as follows:
• No payment will be made to the Contractor for Extra Work in excess of "Actual and
Necessary Cost" which is to say time and materials plus a mark-up not to exceed
AR
10%. This will not vary, whether the Extra Work is performed by the Contractor or
his subcontractor. Any exceptions must be approved by the Project Manager.
"Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost
of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by
the Contractor as employer pursuant to bona fide collective bargaining labor agreements
applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii)
excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability
and property damage insurance or performance and payment bonds occasioned solely by
the Extra Work, (v) the actual and necessary operating expenses (except the expense of
supplies and small tools not operated by mechanical or electrical power), power for such
plant and a reasonable rental for the same (including small power tools), as determined by
the Project Manager; and (vi) any additional materials necessary for the performance of the
Extra Work.
In case any Work or materials shall be required to be done or furnished under the
provisions of this Article, the Contractor shall at the end of each day furnish to the City such
documentation as the City may require to support all the costs of the Extra Work. If
payments on account are desired as the Extra Work progresses, the Contractor shall
render an itemized statement showing the total amount expended for each class of labor
and for each kind of material on account of each item of Work as a condition precedent to
the inclusion of such payment in a partial estimate. Upon the request of the City, the
Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor
agreements, records or other documents showing the actual cost for labor and materials.
Such documents shall not be binding on the City. The Project Manager shall determine any
questions or dispute as to the correct cost of such labor or materials or plant.
In case the Contractor is ordered to perform Work under this Article, which in the opinion of
the Project Manager, it is impracticable to have performed by the Contractor's own
employees, the Contractor will, subject to the approval of the Project Manager, be paid the
actual cost to Contractor of such Work, and in addition thereto five (5%) percent to cover
the Contractor's superintendence, administration and other overhead expenses.
Payment of any amount under this Article shall be subject to subsequent audit and
approval, disapproval, modification or revision by representatives of the City.
61 As -Built Drawings
During the Work, Contractor shall maintain records of all deviations from the Drawings and
Specifications as approved by the Project Manager or Consultant and prepare As -Built
Record Drawings showing correctly and accurately all changes and deviations made during
construction to reflect the Work as it was actually constructed. It is the responsibility of the
Contractor to check the As -Built Drawings for errors and omissions prior to submittal to the
City and certify in writing that the As -Built Drawings are correct and accurate, including the
actual location of all internal piping, electrical/signal conduits in or below the concrete floor.
Indicate the size, depth and voltage in each conduit.
Legibly mark to record actual construction: On -site structures and site Work as follows:
• Depths of various elements of foundation in relation to finish first floor datum.
• All underground piping and ductwork with elevations and dimensions and
locations of valves, pull boxes, etc. Changes in location. Horizontal and vertical
locations of underground utilities and appurtenances, referenced to permanent
surface improvements. Actual installed pipe material, class, etc.
• Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure. Air conditioning
ducts with locations of dampers, access doors, fans and other items needing
periodic maintenance.
• Field changes in dimensions and details.
• Changes made by Project Manager's or Consultant's written instructions or by
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Caribbean Marketplace Renovation - B-30671
Bid No.: 11-12-011
Change Order.
• Details not on original Contract Drawings.
• Equipment, conduit, electrical panel locations.
• Project Manager's or Consultant's schedule changes according to Contractor's
records and shop drawings.
Specifications and Addenda: Legibly mark each section to record:
• Manufacturer, trade name, catalog number and Supplier of each product and
item of equipment actually installed.
▪ Changes made by Project Manager's or Consultant's written instructions or by
Change Order.
Approved Shop Drawings: Provide record copies for each process equipment, piping,
electrical system and instrumentation system.
As -built documents shall be updated monthly as a condition precedent to payment.
For construction of new building or building additions as -built drawings signed and sealed
by a Florida licensed Registered Land Surveyor.
The information shall be accurately recorded by the Contractor and submitted (signed and
sealed by a Florida Certified P.L.S.) to the City of Miami prior final acceptance of the Work.
All recorded information on existing utility crossing encountered during construction,
included but not limited to pipes, inlets, manholes, etc., shall be recorded by a Florida
Registered Surveyor and shown on the record drawings.
62. Worker's Identification
The Contractor's employees, who include any Subcontractor, shall wear an identification
card provided by the Contractor. The identification card shall bear the employee's picture,
name, title and name of the employer. Failure by a Contractor's employee to wear such
identification may result in his removal from the Work until such time as the identification
card is obtained and worn. Such removal shall not act as a basis for the Contractor to
submit a claim for an extension of time.
63. Removal of Unsatisfactory Personnel
The City may make written request to the Contractor for the prompt removal and
replacement of any personnel employed or retained by the Contractor, or any or Sub -
Contractor engaged by the Contractor to provide and perform services or Work pursuant to
the requirements of the Contract Documents. The Contractor shall respond to the City
within seven (7) calendar days of receipt of such request with either the removal and
replacement of such personnel or written justification as to why that may not occur. The
City shall make the final determination as to the removal of unsatisfactory personnel from
Work assigned by City. The Contractor agrees that the removal of any of its
employees does not require the termination or demotion of employee(s).
64. Substantial Completion, Punch List. & Final Completion
The Work shall be substantially complete when the Project Manager, in the reasonable
exercise of his/her discretion determines that the Work is complete and there are no
material and/or substantial variations from the Contract Documents and the Work is fit for
its intended purpose. .Upon —Substantial Completion, the --Project •Manager and -the
Contractor shall sign the Substantial Completion Inspection Form. The signing of this form
shall not relieve the Contractor from its obligation to complete the Project.
When the Contractor believes that the Work is substantially complete, the Contractor shall
request in writing that -the Project Manager or Consultant inspect -the Work to determine if
Substantial Completion has been achieved. No request for Substantial Completion
inspection is to be submitted until the Contractor has obtained a Certificate(s) of
Occupancy, Certificate of Completion or Use, or a Temporary Certificate of Occupancy or
any other approvals from agencies having jurisdiction over the Work. The Project Manager
or Consultant shall schedule the date and time for any inspection and notify the Contractor
and any other parties deemed necessary. During this inspection, the Project Substantial
Completion Inspection Form will be completed as necessary. Any remaining Construction
Work shall be identified on this form and shall be known as Punch List Work. The Punch
List shall be signed by the Project Manager and/or Consultant, and the Contractor
confirming that the Punch List contains the item(s) necessary to complete the Work. The
failure or refusal of the Contractor to sign the Project Substantial Completion Inspection
Form or Punch List shall not relieve the Contractor from complying with the findings of the
Project Substantial Completion Inspection and completing the Project to the satisfaction of
the City
Where the Punch List is limited to minor omissions and defects, the Project Manager shall
indicate that the Work is substantially complete subject to completion of the Punch List.
Where the Project Manager or Consultant determines, on the appropriate form that the
Work is not substantially complete, the Project Manager or Consultant shall provide a list of
all open items necessary to achieve Substantial Completion. Upon completion of such
Work, the Contractor shall request another Substantial Completion inspection.
The Project Manager or Consultant, and the Contractor shall agree on the time reasonably
required to complete all remaining Work included in the Punch List.
Upon the receipt of all documentation, resolution of any outstanding issues and issuance of
final payment, the Project Manager or Consultant shall notify the Contractor in writing of the
closeout of the Project.
The City will prepare a Certificate of Substantial Completion in the form which shall
establish the Date of Substantial Completion. Once substantial completion is achieved the
City shall be responsible for security, maintenance, heat, utilities, damage to the Project
site, and insurance; and shall list all Work yet to be completed to satisfy the requirements of
the Contract Documents for Final Completion. The failure to include any items of corrective
Work on such list does not alter the responsibility of Contractor to complete all of the Work
in accordance with the Contract Documents. Warranties required by the Contract
Documents shall commence on the date of Final Acceptance completion of the Work or
designated portion thereof unless otherwise provided in the Contract Documents.
65. Acceptance and Final Payment
Upon receipt of written notice from Contractor that the Work is ready for final inspection and
acceptance, Project Manager and/or Consultant shall, within ten (10) calendar days, make
an inspection thereof. If Project Manager and/or Consultant find the Work acceptable, the
requisite documents have been submitted and the requirements of the Contract Documents
fully satisfied, and all .conditions of the permits and regulatory agencies have been met, a
Final Certificate for Payment shall be issued by Project Manager, stating that the
requirements of the Contract Documents have been performed and the Work is ready for
acceptance under the terms and conditions thereof.
Before issuance of the Final Certificate for Payment, Contractor shall deliver to the Project
Manager or Consultant a final release of all liens arising out of the Contract Documents,
receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors
have been paid in full and that all other indebtedness connected with the Work has been
paid, and a consent of the surety to final _payment; the final corrected as -built drawings.;
operations and maintenance data, and the final bill of materials, if required, and payment
application. Contractor shall deliver the written Contractor's warranty and all
Manufacturer's warranties prior to issuance of the Final Certificate for Payment.
Prior to .approval of final payment the Project Manager shall provide _written confirmation to
the Contractor that any and all training required by the Contract Documents has been
provided to the satisfaction of the Project Manager.
49
If, after the Work has been substantially completed, full completion thereof is materially
delayed through no fault of Contractor, and Project Manager or Consultant so certifies, City
shall, upon such certification of Consultant, and without terminating the Contract
Documents, make payment of the balance due for that portion of the Work fully completed
and accepted. Such payment shall be made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of claims.
The acceptance of final payment shall constitute a waiver of all claims by Contractor,
except those previously made in strict accordance with the provisions of the Contract and
identified by Contractor as unsettled at the time of the application for final payment.
66. NDPES Requirements
Contractor shall comply with the State of Florida rules and regulations for the National
Pollutant Discharge Elimination System (NPDES) including but not limited to all permitting,
Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for
NPDES and SWPPP shall be included in the Bid prices. For further information on
compliance requirements for NPDES and SWPPP contact the City of Miami Public Works
Department at (305) 416-1200 or visit the State of Florida website at
http://www.dep.state.fl.us/water/stormwater/npdes/. Contractor is responsible for obtaining,
completing and paying for any required NPDES application or permits that may be required.
67. Force Majeure
Should any failure to perform on the part of Contractor be due to a condition of force
majeure as that term is interpreted under Florida law, the City may allow an extension of
time reasonably commensurate with the cause of such failure to perform or cure.
If the Contractor is delayed in performing any obligation under the Contract Documents due
to a force majeure condition, the Contractor shall request a time extension from the City
within two (2) working days of said force majeure occurrence. Any time extension shall be
subject to mutual agreement and shall not be cause for any claim by the Contractor for
extra compensation unless additional- services are required. Do Not include inclement
weather except as permitted by Florida law and may not include the acts or omissions of
Sub -contractors.
68. Extension of Time
Any reference in this section to the Contractor shall be deemed to include suppliers, and
permitted Sub -Contractors, whether or not in privities of contract with the Contractor for the
purpose of this article.
If the Contractor is delayed at any time during the progress of the Work beyond the
Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by a
Force Majeure, then the Contract Time set forth in the Contract shall be extended by the
City subject to the following conditions:
• The cause of the delay arises after issuance of the NTP and could not have
been anticipated by the Contractor by reasonable investigation before
proceeding with the Work;
• The Contractor demonstrates that the completion of the Work will be actually
and necessarily delayed;
• The effect of such cause cannot be avoided or mitigated by the exercise of all
-reasonable -precautions, -efforts and .measures whether..before ..or after ..the
occurrence of the cause of delay.
Note: A delay meeting all the conditions of the above, shall be deemed an
Excusable Delay.
The City shall only consider weather related delays Where adverse weather directly impacts
the critical path of the Project Schedule. However, the City will also factor in other factor in
50
Caribbean Marketplace Renovation - B-30671 Bid No.: 11-12-011
considering an extension of time, including the length of the weather delay, and the adverse
weather conditions as they relate to typical weather patterns during the period the Work is
being performed.
The City reserves the right to rescind or shorten any extension previously granted if
subsequently, the Project Manager determines that any information provided by the
Contractor in support of a request for an extension of time was erroneous; provided
however, that such information or facts, if known, would have resulted in a denial of the
request for an Excusable Delay. Notwithstanding the above, the Project Manager will not
rescind or shorten any extension previously granted if the Contractor acted in reliance upon
the granting of such extension and such extension was based on information which,
although later found to have been erroneous, was submitted in good faith by the Contractor.
The request for an Excusable Delay shall be made within ten (10) calendar days after the
time when the Contractor knows or should have known of any cause for which it may claim
an extension of time and shall provide any actual or potential basis for an extension of time,
identifying such causes and describing, as fully as practicable at that time, the nature and
expected duration of the delay and its effect on the completion of that part of the Work
identified in the request. The Project Manager may require the Contractor to furnish such
additional information or documentation, as the Project Manager shall reasonably deem
necessary or helpful in considering the requested extension.
The Contractor shall not be entitled to an extension of time unless the Contractor
affirmatively demonstrates that it is entitled to such extension.
The Project Manager shall endeavor to review and respond to the Contractor's request for
Excusable Delays. in a reasonable period of time; however, the Contractor shall be
obligated to continue to perform the Work required regardless of whether the Project
Manager has issued a decision or whether the Contractor agrees or disagrees with that
decision.
With regard to an injunction, strike or interference of public origin which may delay the
Project, the Contractor shall promptly give the Project Manager a copy of the injunction or
other orders and copies of the papers upon which the same shall have been granted. The
City shall be afforded the right to intervene and become a party to any suit or proceeding in
which any such injunction shall be obtained and move to dissolve the same or otherwise, as
the City may deem proper.
The permitting of the Contractor to proceed with the Work subsequent to the date specified
in the Contract (as such date may have been extended by a change order), the making of
'any payment to the Contractor, the issuance of any Change Order, shall not waiver the
City's rights under the Contract, including but not limited to the assessment of liquidated
damages or declaring -Contractor in default.
69. Notification of Claim
Any claim for a change in the Contract Time or Contract Price shall be made by written
notice by Contractor to the Project Manager and to Consultant within ten (10) business
days of the commencement of the event giving rise to the claim and stating the general
nature and cause of the claim. Thereafter, within twenty (20) calendar days of the
termination of the event giving rise to the claim, written notice of the extent of the claim with -
supporting information and documentation shall be provided unless the Project Manager or
Consultant allows an additional period of time to ascertain more accurate data in support of
the claim and such notice shall be accompanied by Contractor's written notarized statement
that the adjustment claimed is the entire adjustment to which the Contractor has reason to
believe it is entitled as a result of the occurrence of said event. All claims for changes in the
Contract -Time or Contract Price shall be determined by the -Project Manager or Consultant
in accordance with Article 71, Contractor's Damages for Delay hereof, if City and Contractor
cannot otherwise agree. It is expressly and specifically agreed that any and all claims for
changes to the Contract time or Contract price shall be waived if not submitted in strict
accordance with,the requirements of this Article.
The Contract time will be extended in an amount equal to time lost on critical Work items
due to delays beyond the control of and through no fault or negligence of Contractor if a
claim is made therefore as provided in this Article. Such delays shall include, but not be
limited to, acts or neglect by any separate contractor employed by City, fires, floods, labor
disputes, epidemics, abnormal weather conditions or acts of God.
70. Extension of Time not Cumulative
In case the Contractor shall be delayed for any period of time by two or more of the causes
mentioned in Article 72, Excusable, Delays, the Contractor shall not be entitled to a
separate extension for each one of the causes; only one period of extension shall be
granted for the delay.
71. Contractor - 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 price or payment or compensation of any kind
from City for direct, indirect, consequential, impact or other costs, expenses or damages,
including but not limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever, whether such delay,
disruption, interference or hindrance be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not
preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith
or active interference on the part of City or its Consultant. Otherwise, Contractor shall be
entitled only to extensions of the Contract Time for completion of the Work as the sole and
exclusive remedy for such resulting delay, in accordance with and to the extent specifically
provided above.
Except as may be otherwise specifically provided for in the Contract Documents, the
Contractor agrees to make no claim for damages for delay of any kind in the performance
of the Contract Documents whether occasioned by any act or omission of the City or any of
its representatives (whether it is an Excusable Delay or otherwise) and the Contractor
agrees that any such claim shall be compensated solely by an extension of time to
complete performance of the Work. In this regard, the Contractor alone hereby specifically
assumes the risk of such delays, including without limitation: delays in processing or
approving shop drawings, samples or other submittals or the failure to render
determinations, approvals, replies, inspections or tests of the Work, in a timely manner.
Contractor shall not receive monetary compensation for City delay. Time extensions may
be authorized by the City in certain situations. Contractor agrees to this section by
submitting a bid response and shall have no recourse from this Section.
72. Excusable Delay. Non-Compensable
Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its
Subcontractors, suppliers and vendors, and is also caused by circumstances beyond the
control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its
Subcontractors, suppliers or vendors and by the City or Consultant. Then Contractor shall
be entitled only to a time extension and no compensation for the delay.
Contractor is entitled to a time extension of the Contract time for each day the Work is
delayed due to Excusable Delay. Contractor shall document its claim for any time extension
as provided in Article 69, Notification of Claim, hereof.
Failure .of Contractor to , comply with Article 67, Notification of Claim .hereof .as to . any
particular event of delay shall be deemed conclusively to constitute a waiver, abandonment
or relinquishment of any and all claims resulting from that particular event of delay.
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73. Lines and Grades
The Contractor shall, at its own expense, establish all working and construction lines and
grades as required from the Project control points set by the City, and shall be solely
responsible for the accuracy thereof.
74. Defective Work
Project Manager or Consultant shall have the authority to reject or disapprove Work which
Project Manager or Consultant finds to be defective. If required by Project Manager or
Consultant, Contractor shall promptly either correct all defective Work or remove such
defective Work and replace it with non -defective Work. Contractor shall bear all direct,
indirect and consequential costs of such removal or corrections including cost of testing
laboratories and personnel.
Should Contractor fail or refuse to remove or correct any defective Work or to make any
necessary repairs in accordance with the requirements of the Contract Documents within
the time indicated in writing by Project Manager or Consultant, City shall have the authority
to cause the defective Work to be removed or corrected, or make such repairs as may be
necessary at Contractor's expense. Any expense incurred by City .in making such
removals, corrections or repairs, shall be paid for out of any monies due or which may
become due to Contractor, or may be charged against the Performance Bond,. In the event
of failure of Contractor to make all necessary repairs promptly and fully, City may declare
Contractor in default.
If, within one (1) year after the date of Substantial Completion or such longer period of time
as may be prescribed by the terms of any applicable special warranty required by the
Contract Documents, or by any specific provision of the Contract, any of the Work is found
to be defective or not in accordance with the Contract Documents, Contractor, after receipt
of written notice from City, shall promptly correct such defective or nonconforming Work
within the time specified by City without cost to City, to do so. Nothing contained herein
shall be construed to establish a period of limitation with respect to any other obligation
which Contractor might have under the Contract Documents including but not limited to any
claim regarding latent defects.
Failure to reject any defective Work or material shall not in any way prevent later rejection
when such defect is discovered, or obligate City to final acceptance.
75. Acceptance of Defective or Non -Conforming Work
The City, in its sole discretion, may elect in writing to accept defective or non -conforming
Work instead of requiring its removal and correction. In such instances, a Change Order
will be issued to reflect an appropriate reduction in the Contract sum, or, if the amount is
determined after final payment, any difference in the amount shall be paid to the City by the
Contractor.
76. Uncovering Finished Work
The Project Manager's, Inspector's and/or Consultant's right to make inspections shall
include the right to order the Contractor to uncover or take down portions of finished Work.
The Project Manager /or Consultant shall notify the Contractor in writing concerning all
uncovered finished Work. Should the Work prove to be in accordance with the Contract
-Documents, the . uncovering or taking down .and the .replacing and the restoration _of the
parts removed will be treated as Extra Work for the purpose of computing additional
compensation and an extension of time. Should the Work examined prove unsatisfactory,
such uncovering, taking down, replacing and restoration shall be at the expense of the
Contractor. Such expenses shall also include repayment to the City for any and all
expenses or costs incurred by it, including employee salaries or related cost, in connection
with such uncovering, taking down, replacing and restoration at the Project site.
77. Correction of Work
The Contractor shall promptly correct all Work rejected by the Project Manager or
Consultant as defective or as failing to conform to the Contract Documents, whether
observed before or after Substantial Completion and whether or not fabricated, installed or
completed. The Contractor shall bear all cost of correcting such rejected Work, including
the cost of the City's additional services thereby made necessary.
The Contractor further agrees that after being notified in writing by the Project Manager or
Consultant of any Work not in accordance with the requirements of the Contract Documents
or any defects in the Work, the Contractor will commence and prosecute with due diligence
all Work necessary to fulfill the terms of the Contract and to complete the Work within a
reasonable period of time, as determined by the Project Manager or Consultant, and in the
event of failure to so comply, the Contractor does hereby authorize the City to proceed to
have such Work done at the Contractor's expense and that the Contractor will pay the cost
thereof upon demand. The City shall be entitled to all costs; including reasonable attorneys'
fees, necessarily incurred upon the Contractor's refusal to pay the above costs.
Notwithstanding the foregoing paragraph, in the event of an emergency constituting an
immediate hazard to the health or safety of personnel, property, or licensees, the City may
undertake, at the Contractor's expense, without prior notice, all Work necessary to correct
such hazardous condition when it was caused by Work of the Contractor not being in
accordance with the requirements of the Contract.
If, within one (1) year after the date of final completion of the Project or within such longer
period of time as may be prescribed by law, by the Contract Documents, or by the terms of
any applicable special warranty required by the Contract Documents, any of the Work is
found to be defective or not in accordance with the Contract Documents, the Contractor
shall correct it promptly after receipt of a written notice from the City to do so. The City shall
give such notice promptly after discovery of the condition.
All such defective or non -conforming Work shall be removed from the site if necessary and
the Work shall be corrected to comply with the Contract Documents without cost to the.City.
78. Maintenance of Traffic and Public Streets
Scope of Work
The Contractor shall be responsible for the maintenance of public streets and traffic
control necessary to perform the Work under the Contract Documents. The cost of
traffic control shall be included in the Contractor's Bid.
Regulations
As used herein, any reference to Miami -Dade County, its departments, or its
published regulations, permits and data, shall be synonymous and interchangeable
with other recognized governing bodies over particular areas or streets, or their
departments, published regulations (i.e., Manual of Uniform Traffic Control Devices
(MUTCD), FDOT Roadway and Bridge Standard Index Drawing Book), permits or
data. The Contractor shall abide by all applicable laws, regulations, and codes
thereof pertaining to Maintenance of Traffic (MOT) on public streets, detour of traffic,
traffic control and other provisions as maybe required for this Project.
Maintenance of Traffic (MOT)
• The Contractor shall be fully responsible for the MOT on public streets, detour of
traffic (including furnishing and maintaining regulatory and informative signs along
-the detour route) traffic -control; -and -other -provisions,--throughout-the .Project, as
required by the Manual of Uniform Traffic Control Devices (MUTCD), and FDOT
Roadway and Bridge Standard Index drawing Book. Traffic shall be maintained
according to corresponding typical traffic control details as outlined in the previous
noted standards. No street shall be completely blocked, nor blocked more than
one-half at any time, keeping the other one-half open for traffic, without specific
approval.
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Caribbean Marketplace Renovation - B-30671 Bid No.: 11-12-011
• If required by the Project Manager or Consultant, Traffic Division or FDOT or as
otherwise authorized by the Project Manager or Consultant, the Contractor shall
make arrangements for the employment of uniformed off -duty policemen to maintain
and regulate the flow of traffic through the work area. The number of men required
and the number of hours on duty necessary for the maintenance and regulation of
traffic flow shall be provided by the City of Miami Police Department.
• The Contractor shall provide all barricades with warning lights, necessary arrow
boards and signs, to warn motorists of the Work throughout the Project. Adequate
approved devices shall be erected and maintained by the Contractor to detour
traffic.
• Excavated or other material stored adjacent to or partially upon a roadway
pavement shall be adequately marked for traffic safety at all times. The Contractor
shall provide necessary access to all adjacent property during construction.
• The Contractor shall be responsible for the provision, installation and maintenance
of all MOT and safety devices, in accordance with the Manual of Uniform Traffic
Control Devices (MUTCD) and FDOT Roadway and Bridge Standards index
drawing book. In addition, the Contractor shall be responsible for providing the
Consultant with MOT plans for lane closures and/or detours for approval. These
plans (sketches) shall be produced, signed and sealed by a professional Engineer
registered in the State of Florida, employed by the Contractor and certified under
FDOT Procedure NPIL No. 625-010-010.
• Where excavations are to be made in the vicinity of signalized intersections,
attention is directed to the fact that vehicle loop detectors may have been
embedded in the pavement. Verify these locations by inspecting the site of the Work
and by contacting the Sunshine State One -Call Center (1-800-432-4770), 48 hours
prior to any excavation. Any loop detector which is damaged, whether shown on the
Plans or not, shall be repaired or replaced .to -the satisfaction of the Miami Dade
County Signs and Signal Division (Phone No. 305-592-3470).
• Where applicable, the Contractor shall notify the Traffic Division 24 hours in
advance of the construction date or 48 hours in advance of construction within any
signalized intersection.
• Temporary pavement will be required over all cuts in pavement areas, and also
where traffic is to be routed over swale or median areas. When the temporary
pavement for routing traffic is no longer necessary, it shall be removed and the
swale or median areas restored to their previous condition.
► .Pavement markings damagedd-during construction_shall.be remarked, .as required by
the Traffic Division.
Maintenance of Traffic for Bypass Pumping
• The Contractor shall take appropriate steps to ensure that all temporary pumps,
piping and hoses are protected from vehicular traffic and pedestrian traffic.
Lane Closures
• Where construction of the Project shall involve lane closures public streets, the
following shall apply:
• Lane closures require a Lane Closure Permit, obtained two weeks prior to planned
construction, with a minimum 48-hour prior notice to local police and emergency
departments (some police jurisdictions may require considerably more notice). Lane
closures of a one day or less duration will generally not be approved for major
collector streets or for arterial streets during the hours of Tan? to 9am and 4pm to
6pm weekdays.
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79. Location and Damage to Existing Facilities. Equipment or Utilities
As far as possible, all existing utility lines in the Project(s) area(s) will be shown on the
plans. However, City does not guarantee that all lines are shown, or that the ones indicated
are in their true location. It shall be the Contractor's responsibility to field verify all
underground and overhead utility lines or equipment affecting or affected by the Project.
No additional payment will be made to the Contractor because of discrepancies in actual
and plan location of utilities, and damages suffered as a result thereof.
The Contractor shall notify each utility company involved at least fourteen (14) calendar
days prior to the start of construction to arrange for positive underground location,
relocation or support of its utility where that utility may be in conflict with or endangered by
the proposed construction. Relocation of water mains or other utilities for the convenience
of the Contractor shall be paid by the Contractor. All charges by utility companies for
temporary support of its utilities shall be paid for by the Contractor. All costs of permanent
utility relocation to avoid conflict shall be the responsibility of the utility company involved.
No additional payment will be made to the Contractor for utility relocations, whether or not
said relocation is necessary to avoid conflict with other lines.
The Contractor.shall schedule the Work in such a manner that the Work is not delayed by
the utility providers relocating or supporting their utilities. The Contractor shall coordinate its
activities with any and all public and private utility providers occupying the right-of-way. No
compensation will be paid to the Contractor for any loss of time or delay.
All overhead, surface or underground structures and utilities encountered are to be carefully
protected from injury or displacement. All damage to such structures is to be completely
repaired within a reasonable time; needless delay will not be tolerated. The City reserves
the right to remedy such damage by ordering outside parties to make such repairs at the
expense of the Contractor. All such repairs made by the Contractor are to be made to the
satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All
repairs are to be inspected by the utility owner prior to backfilling
80. Stop Work Order
The City may, at any time, by written order to the Contractor, require the Contractor to stop
all, or any part, of the Work for a period of up to ninety (90) days (or any lesser period),
commencing no sooner than the date the order is delivered to the Contractor, and for any
further period to which the parties may agree. Any such order shall be specifically identified
as a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90)
days (or the lesser period specified).after a Stop Work Order is delivered to the Contractor,
or within any extension to which the parties have agreed the City shall either:
■ Cancel the Stop Work Order; or
▪ Terminate the Work covered by such order as provided in Article 87,
Termination for Convenience.
If a Stop Work Order issued under this Article is canceled or the period of the order or any
extension thereof expires, the Contractor shall resume the Work without compensation to
the Contractor for such suspension other than extending the time for Substantial
Completion to the extent that, in the opinion of the Project Manger or Consultant, the
Contractor may have been delayed by such suspension. In the event the Project Manger or
Consultant determines that the suspension of Work was necessary due to Contractor's
defective or incorrect Work, unsafe Work conditions caused by the Contractor or any other
reason caused by Contractor's fault or omission, the Contractor shall not be entitled to an
extension of time as a result of the issuance of a Stop Work Order.
81. Hurricane Preparedness
During such periods of time as are designated by the United States -Weather -Bureau as -
being a hurricane warning, the Contractor, at no cost to the City, shall take all precautions
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necessary to secure the Project site in response to all threatened storm events, regardless
of whether the Project Manager or Consultant has given notice of same.
Compliance with any specific hurricane warning or alert precautions will not constitute
additional work.
Suspension of the Work caused by a threatened or actual storm event, regardless of
whether the City has directed such suspension, will entitle the Contractor to additional
Contract time as non-compensable, excusable delay, and shall not give rise to a claim for
compensable delay.
82. Use of Completed Portions
City shall have the right, at its sole option, to take possession of and use any completed or
partially completed portions of the Project(s). Such possession and use shall not be
deemed an acceptance or beneficial use or occupancy of any of the Work not completed in
accordance with the Contract Documents. If such possession and use increases the cost
of or delays the Work, Contractor shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as determined by Project Manager or Consultant.
In the event City takes possession of any completed or partially completed portions of the
Project, the following shall occur:
■ City shall give notice to Contractor in writing at least thirty (30) calendar days prior to
City's intended occupancy of a designated area.
■ Contractor shall complete to the point of Substantial Completion the designated
area and request inspection and issuance of a Certificate of Substantial Completion
from Project Manager or Consultant.
Upon Project Manager or Consultant's issuance of a Certificate of Substantial
Completion, City will assume full responsibility for maintenance, utilities, subsequent
damages of City and public, adjustment of insurance coverage's and start of
warranty for the occupied area.
• Contractor shall complete all items noted on the Certificate of Substantial
Completion within the time specified by Project Manager or Consultant on the
Certificate of Substantial Completion, as specified in the Punch List and request
final inspection and final acceptance of the portion of the Work occupied. Upon
completion of final inspection and receipt of an application for final payment, Project
Manager or Consultant shall issue a Certificate of Final Payment relative to the
occupied area.
If City finds it necessary to occupy or use .a portion or portions of the Work prior to
Substantial Completion thereof; such occupancy or use shall not -commence -prior-to
a time mutually agreed upon by City and Contractor and to which the insurance
company or companies providing the property insurance have consented by
endorsement to the policy or policies. Insurance on the unoccupied or unused
portion or portions shall not be canceled or lapsed on account of such partial
occupancy or use. Consent of Contractor and of the insurance company or
companies to such occupancy or use shall not be unreasonably withheld.
83. Cleaning Up: City's Right to Clean Up
Contractor shall at all times keep the premises free from accumulation of waste materials or
rubbish caused by its operations. At the completion of a Project(s), Contractor shall remove
all its waste materials and rubbish from and about the Project(s) as well as its tools,
construction equipment, machinery and surplus materials. If Contractor fails to clean up
during the prosecution of the -Work or at the completion of the Work, City may do so and -the -
cost thereof shall be charged to Contractor. If a dispute arises between Contractor and
separate contractors as to their responsibility for cleaning up, City may clean up and charge
the cost thereof to the contractors responsible therefore as the Project Manager and/or
Consultant shall determine to be just. All combustible waste materials shall be removed
from the Project(s) at the end of each day. Cleaning operations should be controlled to limit
dust and other particles adhering to existing surfaces.
84. Removal of Equipment
In case of termination of this Contract before completion for any cause whatsoever,
Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's
equipment and supplies from the property of City. If the Contractor does not comply with
City's order, the City shall have the right to remove such equipment and supplies at the
expense of Contractor.
85. Set -offs. Withholdings. and Deductions
The City may set-off, deduct or withhold from any payment due the Contractor, such sums
as may be specifically allowed in the Contract or by applicable law including, without
limitation, the following:
Any amount of any claim by a third party;
• Any Liquidated Damages, and/or;
• Any unpaid legally enforceable debt owed by the Contractor to the City.
The City shall notify the Contractor in writing of any such withholdings.
Any withholding, which is ultimately held to have been wrongful, shall be paid to the
Contractor in accordance with the Local Government Prompt Payment Act.
86. Event of Default
An event of default shall mean a breach of the Contract or by the Contractor. Without
limiting the generality of the foregoing and in addition to those instances referred to herein
as a breach, an Event of Default, shall include but not limited to, the following:
The Contractor has not performed the Work in a timely manner;
The Contractor has refused or failed, except in case for which an extension of time
is provided, to supply properly skilled staff or provided sufficient quantities of staff
to perform the Work;
• The Contractor has failed to make prompt payment to Subcontractors or suppliers
for any services or materials they have provided;
• The Contractor has become insolvent or has assigned the proceeds received for
the benefit of the Contractor's creditors, or the Contractor has taken advantage of
any insolvency statute or debtor/creditor law or if the Contractor's affairs have
been put in the hands of a receiver;
The Contractor has failed to obtain the approval of the City where required by the
Contract..Documents; .
• The Contractor has failed in the representation of any warranties stated herein;
When, in the opinion of the City, reasonable grounds for uncertainty exist with
respect to the Contractor's ability to perform the Work, the City shall notify the
Contractor in writing that it must, within the time frame set forth in the City's
request, provide adequate assurances and a plan of action to the City, in writing,
of the Contractor's ability to perform in accordance with the terms of the Contract
Documents. In the event that the Contractor fails to provide to the City the
requested assurances within the prescribed time frame, the City may:
o Treat such failure as a repudiation of the Contract and/or;
o Resort to any remedy for breach provided herein or by law, including but not
limited to, taking over the performance of the Work or any part thereof either
by itself or through others.
• -In-the event the Gity may, at its sole discretion terminate -the Contract for default,
the City or its designated representatives may immediately take possession of al
applicable documentation and data.
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• Where the City erroneously terminates the Contract or for default, the terminations
shall be converted to a Termination for Convenience, and the Contractor shall
have no further recourse of any nature for wrongful.termination.
87. Notice of Default -Opportunity to Cure
In the event that the City determines that the Contractor is in default of their obligations
under the Contract, the City may at its sole discretion notify the Contractor, specifying the
basis for such default, and advising the Contractor that such default must be cured within a
specified time frame or the Contract with the City may be terminated. The City is under no
obligation to issue such notification. The City may grant an extension to the cure period if
the City deems it appropriate and in the best interest of the City, without waiver of any of
the City's rights hereunder. The City, at its sole discretion, may have a default corrected by
its own forces or another contractor and any such costs incurred will be deducted from any
sums due the Contractor under any contract with the City.
88. Termination for Default
If Contractor fails to comply with any term or condition of the Contract Documents, or fails to
perform any of its obligations hereunder, then Contractor shall be in default. Upon the
occurrence of a default hereunder which is not cured within the time specified to cure the
default if one has been granted by the City, the Director in addition to all remedies available
to it by law, may immediately, upon written notice to Contractor, terminate this Contract
whereupon any advances for which Work has not been performed, paid by the City to
Contractor while Contractor was in default shall be immediately returned to the City. The
Director may also suspend any payment or part thereof or order a Work stoppage until such
time as the issues concerning compliance are resolved. Contractor understands and
agrees that termination of this Contract under this Article shall not release Contractor from
any obligation accruing prior to the effective date of termination.
A finding of default and subsequent termination for cause may include, without limitation,
any of the following:
• Contractor fails to obtain the insurance or bonding herein required by the Contract.
• Contractor fails to comply with any of its duties under the Contract Documents,
with any terms or conditions set forth in this Contract, beyond any specified period
allowed to cure such default.
• Contractor fails to commence the Work within the timeframes provided or
contemplated herein, or fails to complete the Work in a timely manner as required
by the Contract.
If this Contract is terminated for default and the City has satisfied its obligations under the
Contract Documents the City is granted by the Contractor full use of the Work and any
Work Product in connection with the City's completion and occupancy of. the Project.
Where it has been determined that the Contractor has been erroneously terminated under
this Article, such termination shall be deemed to have been occurred under Article 90,
Termination for Convenience. The City in its sole discretion may terminate the Contract
without providing the Contractor a written Notice to Cure.
89. Remedies in the Event of Termination for Default
If a Termination for Default occurs, the Contractor and the bond provider, if applicable) shall
be .notified of .the. .effe.ctive .date _of _the .termination _and shall. be .liable. .for all _damages
resulting from the default, including but not limited to re -procurement costs and other direct
damages
The Contractor shall stop Work as of the date of notification of the termination and
immediately remove all labor, equipment and materials (not owned or_paid for by the City).
from the Work Site. The City assumes no liability for the Contractor's failure to remove
such items from the Project(s) site(s) as required.
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The Contractor shall also remain liable for any liabilities and claims related to the
Contractor's default.
As an alternative to termination, the City may bring suit or proceedirigs for specific
performance or for an injunction .
90. Termination for Convenience
In addition to cancellation or termination as otherwise provided for in the Contract, the City
may at any time, in its sole discretion, with or without cause, terminate the Contract by
written notice to the Contractor. Such Written Notice shall state the• date upon which
Contractor shall cease all Work under the Contract and vacate the Project(s) site(s).
The Contractor shall, upon receipt of such notice, unless otherwise directed by the City:
• Stop all Work on the Project(s) on the date specified in the notice ("the
Effective Date");
Take such action as may be necessary for the protection and preservation of the
City's materials and property;
• Cancel all cancelable orders for materials and equipment;
• Assign to the City and deliver to the site, or any other location specified by the
Project Manager, any non -cancelable orders for materials and equipment that can
not otherwise be used except for Work under the Contract and have been
specifically fabricated for the sole purpose of the Work and not incorporated in the
Work;
• Take no action that shall increase the amounts payable by the City under the
Contract Documents; and
• Take reasonable measures to mitigate the City's liability under the Contract
Documents.
All charts, sketches, studies, drawings, reports and other documents, including
electronic documents, related to Work authorized under the Contract, whether
finished or not, must be turned over to the City. Failure to timely deliver the
documentation shall be cause to withhold any payments due without recourse by
Contractor until all documentation is delivered to the City.
In the event that the City exercises its right to terminate the Contract pursuant to the
Contract Documents, the City will pay the Contractor:
• For the actual cost or the fair and reasonable value, whichever is less, of (1) the
portion of the Project(s) completed in accordance with the Contract through the
completion date, and (2) non -cancelable material(s) and equipment that is not of
any use to the City except in the performance of the Contract, and has been
specifically fabricated for the sole purpose of the Contract but not incorporated in
the Work; and
• To the extent practical, the fair and reasonable value shall be based on the price
established as a result of the Contract. In no event, shall any payments under this
Paragraph exceed the maximum cost set forth in the Contract.
• The amount due hereunder may be offset by all payments made to the Contractor.
• All payments pursuant to this Article shall be accepted by the Contractor in full
satisfaction of all claims against the City arising out of the termination including,
Further, the City may deduct or set off against any sums due and payable under
this --Article any claims -it may -have against -the -Contractor. •
• Contractor shall not be entitled to lost profits, overhead or consequential damages
as a result of a Termination for Convenience.
• All payments made under the Contract are subject to audit
Upon the City's payment in full of the amounts due the Contractor under this Article -the •
Contractor grants the City full use of the Work and any Work Product to complete the
Project and subsequently occupy the Project.
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91. Resolution of Disputes
Contractor understands and agrees that all disputes between it and the City based upon an
alleged violation of the terms of this Agreement by the City shall be submitted for resolution
in the following manner.
The initial step shall be for the Contractor to notify the Project Manager in writing of the
claim or dispute and submit a copy to the City of Miami personnel identified in Article 4,
Notices.
Should the, Contractor and the Project Manager fail to resolve the dispute the Contractor
shall submit their dispute in writing, with all supporting documentation, to the Assistant
Director -Contracts, as identified in Article 4, Notices. Upon receipt of said notification the
Assistant Director -Contracts shall review the issues relative to the claim or dispute and
issue a written finding.
Should the Contractor and the Assistant Director -Contracts fail to resolve the dispute the
Contractor shall submit their dispute in writing within five (5) calendar days to the Director.
Failure to submit such appeal of the written finding shall constitute acceptance of the finding
by the Contractor. Upon receipt of said notification the Director shall review the issues
relative to the claim or dispute and issue a written finding.
Contractor must submit any further appeal in writing within five (5) calendar days to the City
Manager. Failure to submit such appeal of the written finding shall constitute acceptance of
the finding by the Contractor. Appeal to the City Manager for his/her resolution, is required
prior to Contractor being entitled to seek judicial relief in connection therewith. Should the
amount of compensation hereunder exceed $100,000, the City Manager's decision shall be
approved or disapproved by the City Commission. Contractor shall not be entitled to seek
judicial relief unless:
(i) it has first received City Manager's written decision, approved by the City
Commission if applicable, or
(ii) a period of sixty (60) days has expired after submitting to the City Manager a
detailed statement of the dispute, accompanied by all supporting documentation, or
a period of (90) days has expired where City Manager's decision is subject to City
Commission for approval; or
(iii) City has waived compliance with the procedure set forth in this Article by written
instrument(s) signed by the City Manager.
In the event the determination of a dispute under this Article is unacceptable to either party
hereto, the party objecting to the determination must notify the other party in writing within
fourteen (14) calendar days of receipt of the written determination. The notice must state
-the-basis of the -objection -and must be accompanied by a statement-that-any--Contract-price
or Contract time adjustment claimed is the entire adjustment to which the objecting party
has reason to believe it is entitled to as a result of the determination. Within sixty (60)
calendar days after Final Completion of the Work, the parties shall participate in mediation
to address all objections to any determinations hereunder and to attempt to prevent
litigation. The mediator shall be mutually agreed upon by the parties. Should any objection
not be resolved in mediation, the parties retain all their legal rights and remedies provided
under State law. A party objecting to a determination specifically waives all of its rights
provided hereunder, including its rights and remedies under State law, if said party fails to
comply in strict accordance with the requirements of this Article.
92. Mediation -Waiver of Jury Trial
In an effort to engage in a cooperative effort to resolve conflict which may arise during the
course of the construction of -a Project(s),- and/or following -the completion -of the Project(s),
the parties to this Contract agree all unresolved disputes between them shall be submitted
to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in
writing by the parties. A certified Mediator, who the parties find mutually acceptable, will
conduct any Mediation Proceedings in -Miami-Dade County, State of Florida. -The parties"
will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to
include such similar contract provisions with all Sub -Contractors retained for the Work,
thereby providing for non -binding mediation as the primary mechanism for dispute
resolution.
In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right
to demand a jury trial or to file permissive counterclaims in any action arising under this
Contract.
93. City May Avail Itself of All Remedies
The City may avail itself of each and every remedy herein specifically given to it now or
existing at law or in equity, and each and every such remedy shall be in addition to every
other remedy so specifically given or otherwise so existing and may be exercised from time
to time and as often and in such order as may be deemed expedient by the City. The
exercise or the beginning of the exercise, of one remedy shall not be deemed a waiver of
the right to exercise, at the same time or thereafter, of any other remedy. The City's rights
and remedies as set forth in the Contract Documents are not exclusive and are in addition
to any other rights and remedies in law or in equity. This amount is to be utilized strictly for
the Contractor's Permit Fees reimbursements. Any moneys left from this allowance account
will in no event be utilized for other purposes
94. Permits, Licenses and Impact Fees (Revised language)
All applicable permit fees, including those assessed by the City, are the responsibility of the
Contractor. That includes also any other permit fees not directly related to the actual
construction of the Project(s), including but not limited to, licenses, permits and fees, such
as Permits for dumpsters, job trailers, etc., which may be required by Miami -Dade County,
the State of Florida, or other governmental entities.
Except as otherwise provided within the Contract Documents, all permits and licenses
required by federal, state or local laws, rules and regulations necessary for the prosecution
of the Work undertaken by Contractor pursuant to the Contract Documents shall be secured
and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate
Certificate(s) of Competency, valid for the Work to be performed and valid for the
jurisdiction in which the Work is to be performed for all persons working on the Project(s) for
whom a Certificate of Competency is required.
Impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor.
Contractor shall be reimbursed only for the actual amount of the impact fee levied by the
public -entity as evidenced by an -invoice or other -acceptable documentation -issued by the
public entity.
Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY (e.g. Building
Department's Fees such as, Master Permit, Major Trades, Mechanical, Electrical, and
Plumbing Fees; Public Works Fees, such as Line and Grade, Excavation, Dewatering and
NPDES Fees, and Zoning Department's Fees) by virtue of this construction as part of the
Contract shall be reimbursed to the Contractor by the City through an Allowance Account
set for herein, evidenced by an invoice or other acceptable documentation issued by the
public entity.
Permit Fees reimbursement to Contractor shall be for the actual amount and in no event
shall include profit or overhead of Contractor.
Permit fees related the Contractor's operations (e.g. permits for dumpsters, job trailers, etc.)
are not reimbursable.
95. Compliance with Applicable Laws
The Contractor shall comply with the most recent editions and requirements of all
applicable laws, regulations,• building and construction codes of the Federal government,
the State of Florida, the County, and the City.
The attention of the Contractor is directed to the requirements of the Florida Building Code
and the Codes of Miami -Dade County and the City of Miami, Florida, governing the
qualifications for Contractor and Sub -Contractor doing business anywhere in the City; and
any public agency having jurisdiction over the project.
96. Independent Contractor
The Contractor is engaged as an independent business and agrees to perform Work as an
independent contractor. In accordance with the status of an independent contractor, the
Contractor covenants and agrees that the Contractor will conduct business in a manner
consistent with that status, that the Contractor will not claim to be an officer or employee of
the City for any right or privilege applicable to an officer or employee of the City, including,
but not limited to: worker's compensation coverage; unemployment insurance benefits;
social security coverage; retirement membership, or credit.
The Contractor's staff shall not be employees of the City, and the Contractor alone shall be
responsible for their Work, the direction thereof, and their compensation and benefits of any
kind. Nothing in the Contract shall impose any liability or duty on the City on account of the
Contractor's acts, omissions, liabilities or obligations of those of any person, firm, company,
agency association, corporation, or organization engaged by the Contractor as a
subcontractor, expert, consultant, independent contractors, specialist, trainee, employee,
servant or agent or for taxes of any nature, including, but not limited to: unemployment
insurance; worker's compensation and anti -discrimination, or workplace legislation of any
kind. The Contractor hereby agrees to indemnify and hold harmless the City against any
such liabilities, even if they arise from actions directed or taken by the City.
97. Third=Party-Beneficiaries
Neither Contractor nor City intends to directly or substantially benefit a third party by this
Contract. Therefore, the parties agree that there are no third party beneficiaries to this
Contract and that no third party shall be entitled to assert a claim against either of them
based upon this Contract. The parties expressly acknowledge that. it is not their intent to
create any rights or obligations in any third person or entity under this Contract
98. Successors and Assigns
The performance of this Contract shall not be transferred pledged, sold, delegated or
assigned, in whole or in part, by the Contractor without the written consent of the City. It is
understoo.d_that_a_sale of the majority ._of _the.stock or partnership shares of the Contractor, a
merger or bulk sale, an assignment for the benefit of creditors shall each be deemed
transactions that would constitute an assignment or sale hereunder requiring prior City
approval.
Any transference without City approval shall be cause for the City to nullify this Contract.
Any assignment without.the City's consent shall be null and void. The Contractor shall have
no recourse from such cancellation. The City may require bonding, other security, certified
financial statements and tax returns from any proposed assignee and the execution of an
assignme,ntLassumption_agreement_in.a_form_satisfactory_to the _City Attorney as_a_condition__.
precedent to considering approval of an assignment.
The Contractor and the City each binds one another, their partners, successors, legal
representatives and authorized assigns to the other party of this Contract and to the
_partners, . successors,.. legal .representatives and .assigns .of such party in respect to all
covenants of this Agreement.
99. Materiality and Waiver of Breach
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City and Contractor -agree that each requirement, duty, and obligation set forth in this
Contract Documents is substantial and important to the formation of the Contract
Documents and, therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of the Contract Documents. A waiver of any
breach of a provision of the Contract Documents shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of the
Contract Documents.
100 Severability
In the event the any provision of the Contract Documents is determined by a Court of
competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful
provision shall be excised from this Contract, and the remainder of the Contract Documents
shall continue in full force and effect. Notwithstanding the foregoing, if the result of the
deletion of such provision will materially and adversely affect the rights of either party, such
party may elect, at its option, to terminate the Contract in its entirety. An election to
terminate the Contract based upon this provision shall be made within seven (7) calendar
days after the finding by the court becomes final.
101. Applicable Law and Venue of Litigation
This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade
County, Florida.
102. Amendments
No modification, amendment, or alteration in the terms or conditions contained herein shall
be effective unless contained in a written document prepared with the same or similar
formality as this Contract and executed by the City Manager, Director or designee.
103. Entire Agreement
The Contract Documents, as they may be amended from time to time, represent the entire
and integrated Contract between the City and the Contractor and supersede all prior
negotiations, representations or agreements, written or oral. This Contract may not be
amended, changed, modified, or otherwise altered in any respect, at any time after the
execution hereof, except by a written document executed with the same formality and equal
dignity herewith. Waiver by either party of a breach of any provision of the Contract
Documents shall not be deemed to be a waiver of any other breach of any provision of the
Contract Documents.
104. Nondiscrimination. Equal Employment Opportunity. and Americans _with
Disabilities Act
Contractor shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this
Agreement. Contractor shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act (ADA) in the course of providing any services funded by
City, -including -Titles -I and II -of-the -ADA (regarding --nondiscrimination --on --the -basis.-of,-
disability), and all applicable regulations, guidelines, and standards. In addition, Contractor
shall take affirmative steps to ensure nondiscrimination in employment against disabled
persons.
Contractor's decisions regarding--the--delivery-of services -under--the Contract -Documents --.
shall be made without regard to or consideration of race, age, religion, color, gender, sexual
orientation, national origin, marital status, physical or mental disability, political affiliation, or
any other factor which cannot be lawfully used as a basis for service delivery.
105. Evaluation
Contractor acknowledges that upon completion of the of the Work under the Contract
Documents and/or at any other time deemed appropriate by the City a performance
evaluation report will be completed by the City. A copy of each performance evaluation
shall also be forwarded to the Contractor. The performance evaluations will be kept in City
files for evaluation on future solicitations.
106. Commodities manufactured, grown, or produced in the City of Miami, Miami -
Dade County and the State of Florida
Whenever two or more competitive sealed bids are received, one or more of which relates
to commodities manufactured, grown, or produced within the City of Miami, Miami -Dade
County and the State of Florida, and whenever all things stated in such received bids are
equal with respect to price, quality, and service, the commodities manufactured, grown, or
produced within the City of Miami, Miami -Dade County and the State of Florida shall be
given preference.
107. 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 the Contract ,for said Work.
108. Continuation of the Work
Any Work that commences prior to and will extend beyond the expiration date of the current
contract period shall, unless terminated by mutual written agreement between the City and
the involved contractor, continue until completion at the same prices, terms and conditions.
109. Review of Records
City shall have the right to inspect and copy, at City's expense, the books and records and
accounts of Contractor which relate in any way to the Project(s), and to any claim for
additional compensation made by Contractor, and to conduct an audit of the financial and
accounting records of Contractor which relate to a Project(s) and to any claim for additional
compensation made by Contractor including but not limited to all payroll records, invoices
for materials, and books of accounts. Such records shall conform to Generally Accepted
Accounting Principles requirements (GAAP), and shall only address those transactions
related to the Contract: • -
Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall
be kept in accordance with such statute. Otherwise Contractor shall retain and make
avail)able. to City all such books and records and accounts, financial or otherwise, which
relate to the Project(s) and to any claim for a period of five (5) years following Final
Completion of the Project(s).
The Contractor agrees to maintain an accounting system that provides foraccounting
records that are supported with adequate documentation and adequate procedures for
determining allowable costs.
Contractors shall develop the proper forms and reports acceptable to the City for the
administration and management of the Contract Documents.
110. No Interest
. Any monies not paid by City when claimed to be due to Contractor under the Contract
Documents, including, but not limited to, any and all claims for damages of any type, shall
not b.e .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.
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111. Payments Related to Guaranteed Obligations
The City may withhold from, any payments to be made such sums as may reasonably be
necessary to ensure completion of the Project(s) with respect to defective Work, equipment
or materials which may be identified by the Project Manager.
The City may deduct from any payment due the Contractor an amount equal to its cost
incurred on account of the Contractor's failure to fully perform its obligations under the
Contract.
The Project Manager, prior to withholding or deducting any monies hereunder, shall give
the Contractor notice of the defective Work, equipment or material and the basis for the
withholding or deduction.
Upon the Project Manager's determination that the Contractor has fulfilled its obligations,
the City will pay the Contractor any monies owed, subject to Contractor's submission of, or
compliance with, any remaining documentation or obligation, as the case may be, in
accordance with the Contract Documents
112. Consent of City Required for Subletting or Assignment
If the Contractor assigns, transfers, sublets, pledges, sells, encumbers or otherwise
disposes of the Contract or its right, title or interest in or to the same or any part thereof
without the previous consent in writing of the City, such action shall be an Event of Default.
Nothing herein shall either restrict the right of the Contractor to assign monies due to, or to
become due or be construed to hinder, prevent or affect any assignment by the Contractor
for the benefit of its creditors, made pursuant to applicable law.
113. Agreement Limiting Time in Which to Bring Action Against the City
In the event the Contractor may be deemed to have a cause of action against the City, no
action shall lie or be maintained :by,the. Contractor against the City, upon: any claim arising
out of or based upon the Contract Documents by reason of any act or omission or
requirement of the City or its agents, unless such_ action shall be commenced within six (6)
months after the date of issuance of a final payment under the Contract, or if final payment
has not been issued within s.ix (6) months of substantial completion of the Work or upon any
claim relating to monies required to be retained for any period after the issuance of the said
certificate, unless such action is commenced within six (6) months after such monies
become due and payable under the terms of the Contract Documents, or if the Contract is
terminated or declared abandoned under the provisions of the Contract unless such action
is commenced within six (6) months after the date of such termination or declaration of
abandonment by the City.
114. Defense of Claims
Should any claim be made or any legal action brought in any way relating hereto or to the
Work hereunder, except as expressly provided herein, the Contractor shall diligently render
to the City, after additional compensation is mutually agreed upon, any and all assistance
which the City may require of the Contractor.
115. Contingency Clause
Funding_._for this Contract _is___contingent .._on .the availability of funds and continued
. authorization for program activities and the Contract is subject to amendment or termination
due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days
notice.
1.16. ._M utuaLO.b l igati.ons . .
This document, change order, field directive, and written clarifications issued under the
Contract, and the Contractor's submittals, shall constitute the Contract Documents between
the parties with respect hereto and supersedes all previous communications and
representations or agreements, whether written or oral, with respect to the subject matter
hereto unless acknowledged in writing by their duly authorized representatives.
Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any
third party that is not a parent or subsidiary of a party or otherwise related (by virtue of
ownership control or statutory control) to a party.
In those situations where the Contract Documents imposes an indemnity obligation on the
Contractor, the City, may at its expense, elect to participate in the defense of the claim if the
City should so choose. Furthermore, the City may, at its own expense, defend or settle any
such claim if the Contractor fails to diligently defend such claim, and thereafter seek
indemnity for such cost from the Contractor.
117. Contract Extension
The City reserves the right to exercise its option to extend the Contract for up to ninety (90)
calendar days beyond the original Contract period. In such event, the City will notify the
Contractors in writing of such extensions.
118. Non -Exclusivity
It is the intent of the City to enter into a Contract with all successful Bidders that will satisfy
its needs as described herein. However, the City reserves the right, as deemed in its best
interest, to perform, or cause to be performed, the Work and services, or any portion
thereof, herein described in any manner it sees fit, including but not limited to: award of
other contracts, use of any contractor, or perform the Work with its own employees.
119. Nature of the Agreement
The Contractor shall provide the services set forth in the Contract Documents. The
Contractor shall provide full and prompt cooperation with the City in all aspects of the Work
to be performed.
The Contractor acknowledges that the Contract Documents require the performance of all
things necessary for or incidental to the effective management and performance of a
Project(s). All things not expressly mentioned in the Contract Documents, but necessary to
carrying out its intent are required by the Contract Documents, and the Contractor shall
perform the same as though they were specifically mentioned, described and delineated.
The Contractor shall furnish all labor, materials, tools, supplies and other items required for
the completion of the Contract. All Work shall be accomplished at the direction of and to
the satisfaction of the Project Manager.
120. Contract Documents Contains all Terms
The Contract Documents and all documents incorporated herein by reference contain all
the terms and conditions agreed upon by the parties hereto, and no other agreement, oral
or otherwise, regarding the subject matter of the Contract Documents shall be deemed to
exist or to bind any of the parties hereto, or to vary any of the terms contained herein.
121. Applicable Law and Venue of Litigation (Attorneys Fees)
In any litigation or action between the parties related to or arising by virtue of this contract,
each party shall bear its own attorneys fees.
122. Survival
The parties acknowledge that any of the obligations in the Contract Documents will survive
the term, termination and cancellation hereof. Accordingly, the respective obligations of the
Contractor and -the- City under the Contract, -which by.- naturewouldcontinue -beyond.-the -..
termination, cancellation or expiration thereof, shall survive termination, cancellation or
expiration thereof.
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Section 3 - Supplemental Terms and Conditions
1. Contract Time & Hours
The Contractor shall furnish al labor, materials, equipment, tools, services, and incidentals
to complete all Work at a rate of progress that will ensure completion of the Work within the
Contract Time.
Contractor shall have Two Hundred Seventy (270) calendar days to achieve Substantial
Completion from the date of the Notice to Proceed is issued. Contractor shall have an
additional Forty Five (45) calendar days for Final Completion of the Contract.
Work shall be performed Monday through Friday from 8:00 am to 6:00pm. Any Work to be
performed outside of these times must be requested in writing to the. Project Manager 48
hours prior to the requested change. The Project Manager will notify the Contractor in
writing of any changes in approved Work hours.
2. LEED Certification (Not Applicable)
3. Progress Payments
Contractor may make application for payment for Work completed during the Project(s) at
intervals of not more than once a month or upon completion and Final Acceptance of the
Work. All applications shall be submitted in triplicate and the Contractor shall only use the
City's most current Contractor Payment Requisition Form. This form is available on the CIP
webpage. Where the time frame for completion of the Work is less than or equal to one
month or a Schedule of Values is not required, the Contractor shall submit the appropriate
documentation as defined below. Supporting evidence to be included with any application
for payment shall include, but is not limited to, an updated progress schedule as required by
Article,.5 of -the -Supplemental Terms,and..Conditions and a..partial_or final release.. ofliens or
consent of Surety relative to the Work, which is the subject of the application for payment
and any other information required by the Project Manager or Consultant. Each application
for payment shall be submitted in triplicate for approval. City shall make payment to
Contractor within thirty (30) days after approval of Contractor's application for payment.
Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final
Acceptance by the City. Any interest earned on retainage shall accrue to the benefit of
City. All requests for retainage reduction shall be in writing in a separate stand alone
document.
City may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself -from -loss on account of
• Defective Work not remedied.
• Claims filed or reasonable evidence indicating probable filing of claims by other
parties against Contractor or City because of Contractor's performance.
• Failure of Contractor to make payments properly to Subcontractors or for
material or labor.
• Damage to another contractor not remedied.
• Liquidated damages and costs incurred by City and/or Consultant for extended
construction administration.
• Failure of Contractor to provide any and all documents required by the Contract
Documents.
In instances where multiple Project are awarded the Contractor shall submit separate
Applications -for -Payment -for each Project.
When the above grounds are removed or resolved satisfactory to the Project Manager,
payment shall be made in whole or in part.
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The City will pay, and the Contractor shall accept as full compensation for the Work, the
sums specified in the Contractor's submittal to the Contract Documents, as accepted by the
City.
Contractor may be paid for materials or equipment purchased and stored at the Project(s)
Site(s) or another location. Where a payment request is made for materials or equipment
not incorporated in the Project(s), but delivered and suitably stored at the site or at some
other location agreed upon in writing, the written documentation must be submitted at the
time of request for payment. Payment shall be conditioned upon submission by the
Contractor of paid invoices and an executed Material Purchased/Stored On -Premises form
to establish the City's title to such materials or equipment, or otherwise protect the City's
interest, including applicable insurance in the name of City and transportation to the site.
Contractor retains sole liability to replace such stored materials or equipment as a result of
damage or loss for any reason.
4. Liquidated Damages
The Contractor is obligated and guarantees to complete the Project in the time set forth in
the Contract Documents or any approved extension of time. Where the Contractor fails to
do so, the Contractor shall pay to the City liquidated damages as follows. In the event of a
delay in completion beyond the timeframe set forth in the Contract Documents for
Substantial Completion, the Contractor shall pay to the City for each and every calendar
day of unexcused delay, the sum of One Thousand One Hundred Forty Eight dollars
($1,148) per calendar day, which is hereby agreed upon not as a penalty but as liquidated
damages. In the event of a delay in completion beyond the timeframe set forth in the
Contract Documents for Final Completion, the Contractor shall pay to the City for each and
every calendar day of unexcused delay, the sum of Five Hundred Seventy Four dollars
($574) per. calendar day, which is hereby agreed upon not as a penalty but as liquidated
damages. The Contractor will be notified of any approved exceptions or extensions. The
total amount of liquidated damages shall not exceed the value of the applicable Contract
Documents.
The City shall have the right to deduct liquidated damages assessments from any payment
due or which may thereafter become due to the Contractor under any contract the
Contractor has with the City. In case the amount, which may become due hereunder, shall
be less than the amount of liquidated damages due the City, the Contractor shall pay the
difference upon demand by the City. Should the Contractor fail to compensate the City for
any liquidated damages, the City shall consider this as a form of indebtedness and may
deny any future Work under the Contract or any other City contract until such indebtedness
is paid in full to the City.
5. Schedule of'Values
The Contractor must submit three copies of a Schedule of Values, which must be submitted
within ten (10) calendar days of the issuance of the Notice to Proceed. The Schedule of
Values shall indicate a complete breakdown of labor and material of all categories of Work
on the Project. Contractor's overhead and profit should be as separate line items. Each
line item shall be identified with the number and title of the major specification section or
major components of the items. The Project Manager or Consultant may require further
breakdown after review of the Contractor's submittal The City reserves the right to require
such information from the Contractor as may be necessary to determine the accuracy of the
Schedule of Values. The combined total value for mobilization under -the Schedules of ---
Values shall not exceed 5% of the value of the Contract.
The approved schedule of values shall be updated through the submittal of the City's
Contractor Payment Application Form. .
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6. Project Schedules
Contractor shall submit a proposed Project schedule ("Schedule") as follows:
a. Schedule identifying all tasks within the critical path. The proposed Project
•
schedule shall be submitted within ten (10) calendar days of the Notice of Award
and such submittal shall be subject to the Project Manager and Consultant's
review. Subsequent to such review of said Schedule the Contractor shall
establish said schedule as the baseline Schedule.
b, The Schedule shall be prepared in the form of a horizontal bar chart with
separate horizontal bars for each design task, construction task in the critical
path in chronological order. Provide horizontal time scale in weeks from the start
of construction and identify the first work day of each month. Identify listings of
any major equipment installation milestones.
c. All updates of Schedules shall be tracked against the baseline schedule and
shall be at a minimum submitted with each pay application. An updated
Schedule against the baseline shall also be submitted upon execution of each
change order that impacts the Contract Time for completion. Failure to submit
such Schedules shall result in the rejection of any submitted payment
application.
d. All Schedules shall be prepared in Microsoft Project 2003 or earlier unless
otherwise approved by the Project Manager. At the time of submission of
Schedules, Contractor shall submit a hard copy as well as an electronic version.
Such electronic version shall not be submitted in a PDF format and shall be
capable of being incorporated into the City's master Project schedule.
e. Subsequent to review of the initial Schedule submission the Contractor shall
establish the reviewed Schedule as the "Baseline Schedule". Contractor shall
then prepare and submit all updates to the Schedules utilizing the tracking mode
within Microsoft Project.
At a minimum the contents of the Baseline Schedule shall show or indicate the following:
a. Complete sequence of design by activity reflecting the Subconsultant
responsible for the activity.
b. Complete sequence of construction by activity reflecting the Contractor or
Subcontractor(s) responsible for each activity
c. Dates for the beginning and completion of each major element of design and
construction in no more than a two -week incremental scale.
d. Items of work that must be accomplished to achieve substantial completion.
1). Major disciplines or trades of work
2). Filter downtime
3). Time required for Contractor's submittals, fabrication and deliveries.
4). Time required by the City to review all submittals.
5). Time required by City to support any pre -operational and start-up testing.
6). Time required for the relocation of utilities, if required.
7)..Rercentage of_ completion. for each item as of the date the schedule was
prepared.
8). Dates for Contractor's submittals.
9). Dates for any required City -furnished materials or equipment.
10): Dates accepted submittals will -be required -from the City:
In addition the Contractor shall provide:
a. Provide a list of all long lead items and their anticipated dates of delivery
(equipment, materials, etc.) Monthly updates shall reflect actual versus
projected, and any revised projections
b. Provide a projected dollar cash flow spend down for each month of construction.
Monthly updates shall reflect any change orders as well as actual versus
projected, and any revised projections.
7. Release of Liens/Subcontractor's Statement of Satisfaction
The Contractor warrants and guarantees that title to all Work, materials and equipment
covered by an application for payment, whether incorporated in the Project(s) or not, will
pass to the City upon the receipt of such payment by the Contractor, free and clear of all
liens, claims, security interests or encumbrances and that no Work, materials or equipment
will have been acquired by the Contractor or by any other person performing Work at the
site or furnishing materials and equipment for the Project(s), subject to an agreement under
which an interest therein or an encumbrance thereon is retained by the seller or otherwise
imposed by the Contractor or such other person.
The Contractor shall, beginning with the second request for payment, attach a Partial
Release of Lien/Subcontractor's Statement of Satisfaction for each application for payment.
Failure to submit such documentation may delay payments, The City may, in its sole
discretion withhold payments for Work performed by Subcontractor where no release of lien
has been submitted. The Contractor shall submit with the final payment request, for any
Project(s) where subcontractors have performed Work, a Final Release of
Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as a final.
Failure to submit such documentation will result in delay in payment or the City withholding
from the final payment such funds as necessary to satisfy any Subcontractor claims.
Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in
lieu of the Release of Lien/Subcontractor's Statement of Satisfaction, submit a Consent of
Surety toRequisition Payment.
8. Progress Meetings
The City shall conduct a pre -construction conference prior to the commencement of the
Work. Contractor shall hold progress and coordination meetings as required by the Project
Manager or Engineer, to provide for the timely completion of the Work.
Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with
the Project Manager and/or Consultant. Contractor shall use the job site meetings as a tool
for the pre -planning of Work and enforcing schedules, and for establishing procedures,
responsibilities, and identification of authority for all parties to clearly understand. During
these -meetings,--Contractor-shall. identif_y.the.party.or_.parties responsible for following up on
any problems, delay items or questions, and Contractor shall note the action to be taken by
such party or parties. Contractor shall revisit each pending item at each subsequent
meeting until resolution is achieved. Contractor shall attempt to obtain from all present any
potential problems or delaying event known to them for appropriate attention and resolution.
Contractor shall be responsible for keeping minutes of the meeting and distribution of the
minutes to all parties in attendance.
The Contractor shall arrange for the participation of its subcontractors and/or vendors when
the -Project -Manager -requires -their -presence.
The Contractor shall maintain minutes of the meeting and distribute copies of the minutes to
all parties in attendance. The Contractor shall prepare and distribute to Project Manager
and the Consultant an updated two -week look -ahead schedule of construction activities and
submittals
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9. Request for Information
The Contractor shall submit a Request for Information (RFI) where the Contractor believes
that the Contract Document's specifications or drawings are unclear or conflict. All requests
must be submitted in a manner that clearly identifies the drawing and/or specification
section where clarification or interpretation is being requested. As part of the RFI,
Contractor shall include its recommendation for resolution. The Architect and City shall
respond in writing.
10. Project Site Facilities
The Contractor shall arrange for all Project(s) site facilities as maybe necessary to enable
the Project Manager or Consultant to perform their respective duties and to accommodate
any representatives of the City which the City may choose to have present at the Project(s).
Contractor's, Subcontractor's, supplier's, material men's personnel shall not use the City
restrooms that may be available at the Project(s) site without the prior consent of the
manager of the facility or the Project Manager where there is no manager of a facility. The
Contractor shall provide and maintain at his own expense, in a sanitary condition, such
accommodations for the use of his employees as is necessary to comply with the
requirements including Chapter 46 of the Building Code and regulations of the State of
Florida Department of Health and Rehabilitative Services or Dade County Health
Department. The Contractor, his employees or his Sub -Contractors shall commit no public
nuisance or use any facilities that have not been specifically provided for use by the
Contractor.
The Contractor shall furnish an adequate supply of drinking water for its and its Sub -
Contractors' employees.
There shall be adequate provisions made by the Contractor to ensure all disposable
materials are properly disposed of and do not create a nuisance to the City or the public.
The tocatio,p of the temporary facilities shall be subject to the approval of the Project
Manager or Consultant.
11 Temporary Facilities, Utilities, and Construction
Contractor is required to provide any necessary temporary utilities to the site, such as
electric, water, and sanitary services to the site for new construction or additions to a
facility, or those that are necessary for the performance of the Work. Contractor shall make
all arrangements with the local utility companies. The Contractor shall also be responsible
for furnishing all materials and equipment necessary for the installation and maintenance of
any temporary utilities. The Project Manager may authorize the use of existing utilities.
Such decision will be made at the sole discretion of the Project Manager and the City.
Contractor shall furnish, install and maintain temporary facilities required; for construction,
and shall remove them upon completion of the Work. All facilities shall comply with the
respective federal, state and local codes and regulations and with utility company
requirements. Materials for temporary facilities may be new or used, but must be adequate
in capacity for the required usage, must not create unsafe conditions, and must not violate
requirements of applicable codes and standards.
The Contractor must pay for all utility costs associated with new lines, new hook ups, new
utility accounts, and so forth which were necessitated by the Project itself. Contractor shall
pay all 'changes, fees, costs or other impositions for utilities, including, without imitation;-- -
electric, water, sewer, telecommunications and other utilities of whatever nature arising
from the Project or the Work as herein defined.
The Contractor shall be required to obtain all necessary permits required for any Project(s)
site facilities and utilities. Contractor shall also be responsible to maintain such facilities in a-___- ---
safe and working condition. Contractor shall be responsible for payment for all fees and
charges for the installation and use of all temporary facilities and utilities.
73
All such facilities and utilities remain the property of the Contractor and the Contractor shall
be responsible for removal and disposal of such facilities prior to Final Acceptance.
Temporary fences: If, during the course of the Work, it is necessary to remove or disturb
any fencing, the Contractor shall, at his own expense, provide a suitable temporary fence
which shall be maintained until the permanent fence is replaced. The Project Manager will
be solely responsible for the determination of the necessity for providing a temporary fence
and the type of temporary fence to be used.
Responsibility for Temporary Structures: In accepting this Contract, the Contractor assumes
full responsibility for the sufficiency and safety of all temporary structures or work and for
any damage which may result from their failure or their improper construction, maintenance
or operation and will indemnify and save harmless the City from all claims, suits or actions
and damages or costs of every description arising by reason of failure to comply with the
above provisions.
12. Security
The site where the Work is to be performed may not be a secure site and the public may
have access to the site. The Contractor shall have sole responsibility for the security of all
Work materials, tools, equipment and Work at the Project(s) site. The City shall not be
liable for any damage or loss to such materials, tools, equipment and Work and the
Contractor shall be responsible for the repair or replacement of all Work such materials,
tools, and equipment.
13. Construction Signage
Contractor will typically be expected to furnish and install a minimum of two signs in
addition to construction related signs such as warning signs.
The City shall provide the Contractor the wording and layout for the signs at the pre -
construction conference. The. Contractor shall furnish the two City signs at the Project(s)
Site(s) as follows:
• The first sign must be manufactured by Image 2000, 45 East 9th Court, Hialeah,
Florida (305) 884-2240 or approved equal. The sign shall be 4 feet wide and 8 feet
high and constructed of pressure sensitive 2 mil cast vinyl overmounted with 3 mil
mylar and mounted to 1 MDO with painted back. The sign shall be mounted on 4
inch square wood or perforated "U" channel metal posts painted white, and be
readable at eye level. The colors to be used on the sign are as follows: the
background shall be white with blue lettering; the seal shall be white and gold with
blue lettering form.
• The second sign shall reflect other funding sources for the Project and shall reflect
the Project information. The sign shall be 4 feet wide by 8 feet high by 4 inch
(thick) exterior plywood, suitably mounted and readable at eye level. The colors
shall be blue and white. The background shall be white and all lettering shall be
blue Helvetica. All paint shall be rated outdoor enamel. The City will provide the
City Seal in decal form.
• The Contractor shall also post appropriate construction site warning signs at the
Work Site. Such signs shall be posted to warn pedestrian and vehicle traffic.
Signage shall also be placed waterside to alert boater to the construction zone,
requiring -idle speed and a minimum clearance -distance. Contractor---shall--provide
drawings for the signage, which shall be subject to approval by the Consultant.
• The Project Manager and the City shall approve the locations for all signage.
14. Construction Photographs
Prior to commencement of the Work the Contractor will take digital photographs to
document existing conditions and submit copies as required herein prior to the
commencement of Work. Contractor shall submit with each application for payment
photographs that accurately reflect the progress of all aspects the Work. The number of
photographs to be taken will be based on the magnitude of Work being performed.
Contractor shall submit one copy of each photograph in print and digitally. The
photographs shall be printed on 8"Xl 0" high resolution glossy commercial grade and weight
color photographic print paper. Each photograph shall be imprinted on its face with the title
of the Project, the date, and time the picture was taken. Digital photographs shall be taken
using .jpeg format and will be submitted on a CD-ROM clearly identifying the name of the
Project, the name of the Contractor, and the timeframe in which the pictures were taken.
Initial set up prints, unless otherwise allowed by the Project Manager will be submitted in a
three ring binder with each picture protected by a clear plastic sleeve. Subsequent prints
are to be submitted in clear plastic sleeves that can be added to the binder. The three ring
binder shall be of such size to be able to hold all print pictures.
15. City Furnished Property
Where noted by the Contract Documents or as directed by the Project Manager the
Contractor may be required to preserve all signage, street signs, parking meters, benches,
traffic control.signs,. etc, and shall reinstall or provide them to the City as directed.
75
Section 4 — BID FORMS
Submitted:
Date
City of Miami, Florida
Office of the City Clerk
City Hall, 1s` Floor
3500 Pan American Drive
Miami, Florida 33133-5504
The undersigned, as Bidder, hereby declares that the only persons interested in this Bid as
principal are named herein and that no person other than herein mentioned has any interest in this
bid or in the Contract to be entered into;. that this Bid is made without connection with any other
person, firm, or parties making a Bid; and that it is, in all respects, made fairly and in good faith
without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself fully of all
conditions pertaining to the place where the Work is to be done; that it has examined the Contract .
Documents and all addenda thereto furnished before the opening of the bids, as acknowledged
.below; and that it has satisfied itself about the Work to be performed; and that it has submitted the
required Bid Guaranty; and all other required information with the Bid; and that this Bid is submitted
voluntarily and willingly.
The Bidder agrees, if this Bid is accepted, to contract with the City, a political subdivision of the
State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all
necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all
labor necessary to construct and complete within the time limits specified the Work covered by the
Contract Documents for the Project(s) entitled:
Bid No: 11-12-011
Title: CARIBBEAN MARKETPLACE RENOVATION —
B-30671
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative
form of security, if permitted by the City, each for not less than the total Bid price plus alternates, if
any, and to furnish the required Certificate(s) of Insurance.
The undersigned further agrees that the Bid guaranty accompanying the Bid shall be forfeited if
Bidder fails to execute said -Contract, or _fails to furnish _the.... required..Pe formance Bond and
Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar
days after being notified of the award of the Contract.
In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be
corrected by the City. In the event of a discrepancy between the price Bid in figures and the price
Bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the. Bid is
to be multiplied by the stated quantity requirements in order to arrive at the total.
76
Markcl-nlaro Rcnnvatinn - B-30671
Bid No.: 11-12-011
BID FORM (Page 2 of 8)
Note: Bidders are bidding on a total lump sum basis for the purpose of determining the lowest responsive
and responsible bidder. Where there is a discrepancy between the numerical and written Bid Amount, the
written Bid Amount will prevail.
City Form SU must be submitted with your bid. The SU Form can be found posted on the
webpage with the bid documents.
Total Lump Sum Bid Amount includes the total cost for the Work specified in this solicitation, consisting of
furnishing all materials, labor, equipment, permits, supervision, mobilization, overhead & profit required in
accordance with the Bid Specifications.
Item 1: BASE BID AMOUNT: $
Item 2: ALLOWANCE FOR PERMIT FEES: $ 25,000
Item 3: ALTERNATE ADDITIVE — ROOF REPAIR:
Note: Alternate Additive — Roof Repair shall
Include: Roof Coating and Metal Roof Deck Repair,
Structural Repairs to Roof and Trusses, Seven New
Skylights including associated Roofing and Gypsum
Deck Repair and Mold Remediation.
TOTAL LUMP SUM BID AMOUNT
(Item 1 + Item 2 + Item 3):
Written Total Lump Sum Bid Amount
BID FORM (Page 3 of 8)
DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS III AND
IV (If applicable)
Part I: Listed below are the dates of issue for each Addendum received in connection with this
Bid:
Addendum No. 1, Dated
Addendum No. 2, Dated
Addendum No. 3, Dated
Addendum No. 4, Dated
Part II: No addendum was received in connection with this Bid.
Part I11; Certifications
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and
shall comply with all the, stated requirements.
1. Affirmative Action Plan
Successful bidder(s) shall establish an Affirmative Action Plan or an Affirmative Action Policy
pursuant to Ordinance #10062 as amended. Effective date of implementation must be
indicated on the policy: and
2. First Source Hiring
Bidder certifies that it has read and understood the provisions of City of Miami Ordinance
Section 18-110, pertaining to the implementation of a "First. Source Hiring Agreement".
Evaluation of bidder's responsiveness to Ordinance Section 18-110 may be a consideration in
the award of a contract.
3. Non -Collusion
Bidder certifies that the only persons interested in this Bid are named herein; that no other
person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is
made without connection or arrangement with any other person; and
4. Drug -Free -Workplace
The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the Bidder's
workplace, and specifying the actions that will be taken against employees for violations of
such prohibition;
(2) Establishing a continuing drug -free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug -free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs;
and
..
(iv) The he penalties that may be -imposed upon employees for drug abuse -violations-.
occurring in the workplace;
BID FORM (Page 4 of 8)
(3) Giving all employees engaged in performance of the Contract a copy of the statement
required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a
condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug
statute for a violation occurring in the workplace no later than five (5) calendar days
after such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such
conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is convicted
of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including
termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local
health, law enforcement, or other appropriate agency; and
(7) Making a• good faith effort to maintain a drug -free workplace program through
implementation of subparagraphs(1) through (6); and
5. Lobbying
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) This undersigned "shall require that the language of this certification be included -in the
award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall
certify and disclose accordingly.
BID FORM (Page.5 of 8)
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a pre -requisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure; and
* Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it
applies to covered contract/grant transactions over $100,000 (per QMB).
6. Debarment. Suspension and Other Responsibility Matters
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, and declared
ineligible or voluntarily excluded from covered transactions by any Federal department
or agency.
(b) Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or falsification or destruction of records, making false statements, or
receiving stolen property;
Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph-6 :b of -this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State, or local) terminated for cause or default.
Where the prospective Bidder is unable to certify to any of the statements in this certification, such
Bidder shall submit an explanation to the City of Miami.
(c)
Part IV; Certification — Trench Safety Act
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the Trench Safety
Act, and will comply with all applicable trench safety standards. Such assurance shall be legally
binding on all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards.
Bidder acknowledges that included in the various items of the proposal and in the total Bid price
are costs for complying with the Florida Trench Safety Act. These items are a breakout of the
respective items involving trenching and will not be paid separately. They are not to be confused
with bid items in the schedule of prices, nor be considered additional 1Nor--.
BID FORM (Page 6 of 8)
The Bidder further identifies the costs and methods summarized below:
Quantity Unit
Description Unit Price Price
Extended . Method
Total $
Attached is a Bid Bond [ ], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [
], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified
Check [ ] No. Bank of for
the sum of Dollars ($ ).
The Bidder shall acknowledge this Bid and certifies to the above stated in Part III and IV by signing
and completing the spaces provided below.
Firm's Name:
Signature:
Printed Name/Title:
City/State/Zip:
Telephone No.:
Facsimile -No.: E-Mail Address:
Social Security
No. or Federal Dun and ,
I.D. No.: Bradstreet No.:
(if applicable)
If a partnership, names and addresses of partners:
BID FORM (Page 7 of 8)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a corporation organized and existing under the laws of
the State of , held on the day of , a resolution was duly passed
and adopted authorizing (Name) as (Title) of the
corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested
by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that
said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Secretary:
Print:
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a partnership organized and existing under the laws of
the State of , held on the _day of , a resolution was duly passed and
adopted authorizing (Name) as (Title) of the to execute
bids on behalf of the partnership and provides that his/her execution thereof, attested by a partner, shall be
the official act and deed of the partnership.
I further certify that said partnership agreement remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Partner:
Print:
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing this Bid is authorized
to sign Bid documents on behalf of the joint venture. If there is no joint venture agreement each member of
the joint venture must sign the Bid and submit the appropriate Certificate of Authority (corporate, partnership,
or individual).
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name)
business as (d/b/a)
bound by the terms of the Bid to which this attestation is attached.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Signed:
Print:
, individually and doing
(If Applicable) have executed and am
82
11AorLc+r,lnrc Rnnnvafinn - R-MR71
Bid No.: 11-12-011
BID FORM (Page 8 of 8)
NOTARIZATION
STATE OF
SS:
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , who is personally known to me or who has produced
as identification and who (did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
83
Riri Nn • 11-12-011
BID BOND FORM
State of Florida
County of Dade
City of Miami )
Section 5- Attachments
(Page 1 of 3)
SS
KNOWN ALL PERSONS BY THESE PRESENTS, that as
Principal, as Surety,
are held and firmly bound unto The City of Miami, in the penal sum of
Dollars ($ ) lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has
submitted the accompanying Bid, dated , 20_, for:
CARIBBEAN MARKETPLACE RENOVATION — B-30671
Bid No.: 11-12-011
NOW THEREFORE:
If the principal shall not withdraw said Bid within one hundred twenty (120) days after
date of opening the same, and shall within ten (10) days after the prescribed forms are
presented to him for signature, enter into a written contract -with -the -City,-in accordance
with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as
may be required, for the faithful performance and proper fulfillment of such contract; or,
(b) In the event if the withdrawal of said Bid within the period specified, or the failure to enter
into such contract and give such bond within the time specified, if the principal shall pay
the City the difference between the amount specified in said Bid and the amount for
which the City may procure the required Work and supplies, if the latter amount be•in
excess of the former, then the above. obligation shall be void and of no effect, otherwise
to remain infull force and virtue.
(a)
84
BID BOND FORM (Page 2 of 3)
IN WITNESS WHEREOF, the above bound parties have executed this instrument under
their several seals, this day of , A. D., 20_
the name and corporate seal of each party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
WITNESS: (If Sole Ownership,
Partnership, or Joint Venture,
two (2) Witnesses are required.
If Corporation, Secretary
only will attest and affix seal.)
PRINCIPAL:
(Name of Firm)
Affix
Seal
(Signature of authorized officer)
(Title)
(Business Address)
City
State Zip
Surety:
(Corporate Surety)
Affix
Seal
Surety Secretary (Signature of Authorized Officer)
(Title)
(Business Address)
City
State
Zip
85
BID BOND FORM (Page 3 of 3)
CERTIFICATE AS TO CORPORATE PRINCIPAL
, certify that I am the Secretary of
the Corporation named as Principal in the within bond; that
of said corporation; that I know his signature, and the
signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in
behalf of said corporation by authority of its governing body.
STATE OF FLORIDA )
COUNTY OF DADE
City OF MIAMI
SS
(Corporate Seal)
Before me, a. Notary Public duly commissioned, and qualified, personally
appeared to me well known, who being by me first duly
sworn upon oath, says that he/she is the attorney -in -fact, for the
and that he/she has been authorized by
to execute the foregoing bond on behalf of the Contractor named
therein in favor of The City of Miami, Florida.
Subscribed•and sworn to before me this
INSTRUCTIONS: Bid Bonds
must be accompanied by
a Power of Attorney, in
compliance with
Instructions to Bidders
day of A. D., 20.
Notary Public, State of Florida at Large
My Commission Expires:
86
SUPPLEMENT TO BID FORM:
QUESTIONNAIRE
This Completed Form Must Be Submitted With The Bid, The City May, At Its Sole
Discretion, Require That The Bidder Submit Additional Information Not Included In The
Submitted Form. Such Information Must Be Submitted Within Seven (7) Calendar Days Of
The City's Request. Failure To Submit The Form Or Additional Information Upon
Request By The City Shall Result In The Rejection Of The Bid As Non -Responsive.
Additional Pages May Be Used Following The Same Format And Numbering.
By submitting its Bid the Bidder certifies the truth and accuracy of all information contained
herein.
A. Business Information
1. How many years has your company been in business under its current name and
ownership?
a. Professional Licenses/Certifications (include name and number)* Issuance Date
(`include active certifications of small or disadvantage business & name of certifying entity)
b. Date companyiicensedby Dept. Of Professional Regulation:
c. Qualified Business License: ❑ YeC No If Yes, Date Issued:
d. What is your primary business?
(This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.)
e. Name of Qualifier, license number, and relationship to company:
f. Names of previous Qualifiers during the past five (5) years including, license
numbers, relationship to company and years as qualifier for the company
2. Name and Licenses of any prior companies
Name of Company License No.
Issuance Date
3. Type of Company:
-❑-Corporation-❑S'--Corporation ❑LLC❑,Sole-.P-ropnetorship.--.Other:._.__.__
(Corporations will be required to provide a copy of their corporate resolution prior to executing a contract)
87
Caribbean Marketplace Renovation B-30671 Bid No.: 11-12-011
4. Company Ownership
a. Identify all owners of the company
Name Title
of ownership
b. Is any owner identified above an owner in another company? _ Yes In No
If yes, identify the name of the owner, other company names, and % ownership
c. Identify all individuals authorized to sign for the company, indicating the level of their
authority (check applicable boxes and for other provide specific levels of authority)
Name
Title Signatory Authority
All Cost No -Cost Other
C
n
Explanation for Other:
(Note: "All" refers to any type of document including but not limited to contracts, amendment, change
proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost" refers to CPRs, COs.
No -cost refers to RFIs, Notices, and other similar documents)
5. Employee Information
Total No. of Employees: Number of Managerial/Admin. Employees:
Number of Trades Personnel and total number per classification:
(Apprentices must be listed separately for each classification)
How many employees are working under H2B visas?
88
6. Has any owner or employee of the company ever been convicted of a federal offense or
moral turpitude: If yes, please explain:
7. Insurance & Bond Information
a. Insurance Carrier name & address:
b. Insurance Contact Name, telephone, & e-mail:
c. Insurance Experience Modification Rating (EMR):
(if no EMR rating please explain why)
d. Number of Insurance Claims paid out in last 5 years & value:
e. Bond Carrier name & address:
f. Bond Carrier Contact Name, telephone, & e-mail:
g. Number of Bond Claims paid out in last 5 years & value:
8. Have any claims lawsuits been file against your company in the past 5 years, If yes,
identify all where your company has either settle or an adverse judgment has been
issued against your company. Identify the year basis for the claim or judgment &
settlement unless the value of the settlement is covered by a written confidentiality
agreement.
9. To the best of your knowledge is your company or any officers of your company
currently under investigation by any law enforcement agency or public entity. If yes,
provide details:
10. Has your company been assessed liquidated damages or defaulted on a project in the
past five (5) years? ❑ Yes D No (If yes, provide an attachment that provides an
explanation of the project and an explanation.
11. Has your company been cited for any OSHA violations in the past five (5) years. If yes,
please provide an attachment including all details on -each citation,
89
nnn-,A
O:.d AI... 44 4-)_n4�
12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater,
owned by your company.
B. Project Management & Subcontract Details
1. Project Manager for this Project:
a. Name:
b. Years with Company:
c Licenses/Certifications:
d. Last 3 projects with the company including role, scope of work, & value of project:
2. Subcontractors:
Name
Trade
% of Work License No. Certification*
(*active certifications of small or disadvantage business & name of certifying entity)
3. Scope of actual construction work to be performed by your' company and the
corresponding percentage of the work: (This does not include such items as insurance * bonds, dumpsters,
trailers, and other similar non -construction work items)
C. Current and Prior Experience:
1. Current Experience including projects currently under construction, recently awarded, or
pending award (Provide an attachment to this questionnaire that lists all such projects,
including the owner's name, title and value of project, scope of work, projected or actual
start date, projected completion date, and number of company trades personnel
assigned to the project)
2. Prior Projects of a similar size, scope and complexity: Provide an attachment to this
Questionnaire that includes Completed Projects the Proposer considers of a similar,
size, scope and complexity that the City should consider in determining the Bidders
responsiveness and responsibility. This attachment must include the project that meets
the minimum number of projects identified by the bid solicitation. Information -provided -
must include the owner's name , address and contract person, including telephone & e-
mail, title of project, location of project,scope, initial value and final cost of the project,
(:arihhaan Markafnlane Renovation - B-30671
90
Bid No.: 11-12-011
projected and final timeframes for completion in calendar days and the number of
company trades personnel, by classification, that were assigned to the project. The
delivery method, including, but not limited to; design -build, CM@Risk, Design -Bid -Build,
etc. is to be identified for each Project. If there is a difference between the initial and
final cost or initial and actual timeframe provide details on why the differences exist. A
reference letter is to be completed by the owner of the Project and submitted as part of
the Bid submission.
D. Bidder's References
Bidders are to include a minimum of five (5) references from completed projects listed in
C.2 above. The attached reference letter form must be used and included with the Bid
submission. The City, at its sole discretion may allow the Bidder to submit the references
after the specified date for Bid submission.
91
SUPPLEMENT TO BID FORM: CUSTOMER REFERENCE LISTING (Page 1 of 1)
Bidders may furnish the names, addresses, and telephone numbers of firms or government
organizations for which the Contractor has provided services in addition to the minimum five (5)
projects of a similar size, scope, and complexity.
1. Company Name
Address
Contact Person
Contract Amount
Telephone No/Fax No
2. Company Name
Address
Contact Person
Contract Amount
Telephone No/Fax No
3. Company Name
Address
Contact Person
Contract Amount
Telephone No/Fax No
4. Company Name
Address
Contact Person
Contract Amount
Telephone No/Fax No
5. Company Name
Address
Contact Person
Contract Amount
Telephone No/Fax No
92
City of Miami
Johnny Martinez. P.E.
City Manager
To Whom it May Concern
Subject: Reference Letter
Name of Bidder:
The above referenced contractor is submitting on a bid solicitation that has been issued by the
City of Miami. We require that the Bidder provide written references with their Bid submission
and by providing you with this document the Contractor is requesting that you provide the
following reference information. We would appreciate you providing the information requested
below as well as any other information your feel is pertinent:
Name of Project:
Scope of work:
Value of project: $ Date Completed:
Percentage of physical construction work self -performed by Contractor:
Was project completed on time & within budget: ❑ Yes ❑ No
If no, was the contractor at fault or contribute to the delay(s) or increased cost? Yes No
If yes, please provide details:
Comments:
Thank you for your assistance in helping us in evaluating our bid solicitation.
Name of individual completing this form: Date:
Signature: Title:
Telephone:
Sincerely,
Jeovanny Rodriguez, P.E.,
Assistant Director
E-mail:
93
Caribbean Marketplace Renovation - B-30671
Bid No.: 11-12-011
SUPPLEMENT TO BID FORM:
OFFICE LOCATION AFFIDAVIT (Page 1 of 2)
Please type or print clearly. This Affidavit must be completed in full, signed and
notarized ONLY IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE
CITY OF MIAMI.
Legal Name of Firm:
Entity Type: (Check One) ❑ Partnership _ Sole Proprietorship ❑ Corporation
Corporation Document No:
Date Established
Occupational License No:
OfficeiL ocafcon GEstabiIshment:o`
PRESENT
Street Address:
re
�aaer
Date of Issuance
City:
State:
How long at this location:
PREVIOUS
Street Address:
City:
State How long at this location:
According to Section 18-85(a) of the City of Miami Code, as amended:
"when a responsive, responsible non -local bidder submits the lowest bid price, and the bid
submitted by one or more responsive, responsible local bidders who maintain a local office, as
defined in City Code Section 18-73, is within fifteen percent (15%) of the price submitted by the
non -local -bidder, then that non -local bidder and each of the aforementioned responsive,
responsible local bidders shall have the opportunity to submit a best and final bid equal to or
lower than the amount of the low bid previously submitted by the non -local bidder. Contract
award shall be made to the lowest responsive, responsible bidder submitting the lowest best
and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local
bidder, contract award shall be made to the local bidder."
The intention of this section is to benefit local bona fide bidders/Bidders to promote
economic development within the corporate limits of the City of Miami.
I (we) certify, under penalty of perjury, that the office location of our firm has not been
established with the sole purpose of obtaining the advantage granted bona fide local
bidders/Bidders by this section.
94
SUPPLEMENT TO BID FORM:
OFFICE LOCATION AFFIDAVIT (Page 2 of 2)
Authorize Signature Authorized Signature
Print Name Print Name
C irpor ft:;. Title Title
Authorized Signature Authorized Signature
(Must be signed by the corporate secretary of a Corporation or one general partner of a
partnership or the proprietor of a sole proprietorship or all partners of a joint venture.)
NOTARIZATION
STATE OF FLORIDA, COUNTY OF DADE
That: personally appeared
before me and acknowledged the foregoing instrument as his/her act and deed.
That he/she has produced as identification.
NOTARY PUBLIC:
My Commission Expires:
Please submit with your Bid copies of Occupational License, professional and/or trade
License to verify local status. The City of Miami also reserves the right to request a copy
of the corporate charter, corporate income tax filing return and any other documents(s)
to verify the location of the firm's office.
95
Caribbean Marketplace Renovation - B-30671
Bid No.: 11-12-011
Caribbean Marketplace -Renovation = B-30671
96
Bid No.: 11 12 011
Section 6- Contract Execution Form
This Contract #12-262 made this day of in the year 2012 in the amount of
$831,869 by and between the City of Miami, Florida, hereinafter called the "City," and N&J
• CONSTRUCTION.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST PEREZ-GURRI CORPORATION d/b/a N&J
CONSTRUCTION, a Florida corporation
Signature Signature
Print Name, Title Print Name, Title of Authorized Officer or Official
ATTEST: (Corporate Seal)
CONTRACTOR Secretary
(Affirm CONTRACTOR Seal, if available)
ATTEST: City of Miami, a municipal corporation of the
State of Florida
Priscilla Thompson, City Clerk Johnny Martinez, P.E., City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
Calvin_Ellis,.Dir__ector...... _.. Julie O. Bru, City Attorney
Risk Management Department
97
CORPORATE RESOLUTION
WHEREAS, Perez-Gurri d/b/a N&J Construction desires to enter into a contract
with the City of Miami for the purpose of performing the work described in the contract
to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has
considered the matter in accordance with the By -Laws of the corporation;
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS that the
(type title of officer)
, is hereby authorized
(type name of officer)
and instructed to enter into a contract, in the name and on behalf of this corporation,
with the City of Miami upon the terms contained in the proposed contract to which this
resolution is attached and to execute the corresponding performance bond.
DATED this day of , 20
Corporate Secretary
(Corporate Seal)
98
Caribbean Marketplace Renovation - B-30671 Bid No.: 11-12-011
FORM OF PERFORMANCE BOND (Page lof 2)
BY THIS BOND, We , as Principal,
hereinafter called Contractor,. and , as Surety, are bound
to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No: 11-12-011, awarded the day of , 20 , with City which
Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and City for construction of
, the Contract being made a.
part of this Bond by reference, at the times and in the manner prescribed in the Contract;
and
2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains as a result of default by Contractor under the
Contract; and
3.Performs the guarantee of all Work and materials furnished under the Contract for the
time... specified in. the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN
FULL FORCE AND EFFECT.
4. Whenever Contractor shall be, and declared by City to be, in default under the Contract,
City having performed City obligations hereunder, the Surety may promptly remedy the
default, or shall promptly:
4.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
99
FORM OF PERFORMANCE BOND (Page 2 of 2)
4.2. Obtain a bid or bids for completing the Project in accordance with the terms
and conditions of the Contract Documents, and upon determination by Surety
of the lowest responsible Bidder, or, if City elects, upon determination by City
and Surety jointly of the lowest responsible Bidder, arrange for a contract
between such Bidder and City, and make available as Work progresses (even
though there should be a default or a succession of defaults under the Contract
or Contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the Contract Price; but not
exceeding, including other costs and damages' for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the Contract Price," as used in this paragraph, shall mean the total
amount payable by City to Contractor under the Contract and any amendments
thereto, less the amount properly paid by City to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20
WITNESSES:
Secretary By:
(CORPORATE SEAL)
(Name of Corporation)
(Signature)
(Print Name and Title)
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone -No.:
FORM OF PAYMENT BOND (Page 1of 2)
BY THIS BOND, We , as Principal,
hereinafter called Contractor, and , as Surety, are bound
to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No., 11-12-011 awarded the day of , 20 , with City which
Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains because of default by Contractor under the
Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all
labor, materials and supplies used directly or indirectly by Contractor in the performance
of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has
not received payment for its labor, materials, or supplies shall, within forty-five
(45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the Work, furnish to Contractor a notice that he intends to look to
the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within ninety (90) days after
performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding
conditions (2.1) and (2.2) have been given. •
2.4: Any action under this Bond must be instituted in accordance with the longer of
the applicable Notice and Time Limitations provisions prescribed in Section
255.05(2), or Section 95-11, Florida Statutes.
101
Caribbean Marketplace Renovation - B-30671
Bid No.: 11-12-011
FORM OF PAYMENT BOND (Page 2 of 2)
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this day of , 20
ATTEST:
By:
(Secretary)
(Corporate Seal)
IN THE PRESENCE OF:
By:
Contractor
(Name of Corporation)
(Signature)
(Print Name and Title)
day of , 20
INSURANCE COMPANY:
Agent and'Attorhey-iri-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
102
-- Caribbean Marketplace Renovation=8:30671-
Bid No-1"1=12=01-1
CERTIFICATE AS TO CORPORATE PRINCIPAL
, certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond); that
, who signed the Bond(s) on behalf of the Principal, was
then of said corporation; that I know his/her signature; and his/her
signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behalf of said corporation by authority of its governing body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA
SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared to me well known, who being
by me first duly sworn upon oath says that he/she has been authorized to execute the
foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on
behalf of Contractor named therein in favor of City.
Subscribed and Sworn to before me this day of
20
My commission expires:
Large
by
Notary Public, State of Florida at
Bonded
Caribbean Marketplace Renovation - B-30671
Bid -No.. 11-12-011
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2)
Date of issue
Issuing Bank's No.
Beneficiarv: Applicant:
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
at
Amount:
We hereby authorize you to draw on
in United States Funds
Expiry:
(Date)
Bid/Contract Number
(Bank, Issuer name)
by order
of and for the account of
(branch address)
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of available
by your drafts at sight, accompanied by:
1. A signed statement from the City Manager or his authorized designee, that the
drawing is due to default in performance of certain obligations on the part
of (contractor, applicant, customer) agreed upon by and
between the City of Miami, Florida and (contractor,
applicant, customer), pursuant to Bid/Contract No. for
(name of project) and Section 255.05, Florida Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
Bid No.: 11-12-011
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2)
Drafts must bear the clause: "Drawn under Letter of Credit No.
(Number), of (Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each unless
we provide the City of Miami with written notice of our intent to terminate the credit
herein extended, which notice must be provided at least thirty (30) days prior to the
expiration date of the original term hereof or any renewed one (1) year term. Notification
to the City that this Letter of Credit will expire prior to performance of the Contractor's
obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking
shall not in any way be modified, or amplified by reference to any documents,
instrument, or agreement referred to herein or to which this Letter of Credit is referred or
this Letter of Credit relates, and any such reference shall not be deemed to incorporate
herein by reference any document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn
under and in compliance with the terms of this credit that such drafts will be duly
honored upon presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final
Completion of the Project by the
(contractor, applicant, customer)
This Credit is subject to the ''Uniform Customs and Practice for Documentary Credits,"
International Chamber of Commerce (1993 revision), Publication No. 500 and to the
provisions of Florida law. If a conflict between the Uniform Customs and Practice for
Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict
between the law of another state or country and Florida law should arise, Florida law
shall prevail.
Authorized Signature
Caribbean Marketplace Renovation - B-30671 Bid No.: 11-12-011
1-15-10
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY
If the Proposer is submitting as a joint venture, please be advised that this form (2 pages)
MUST be completed and the REQUESTED written joint -venture agreement MUST be
attached and submitted with this form.
1. Name of joint venture:
2. Address of joint venture:
3. Phone number of joint venture:
4. Identify the firms that comprise the joint venture:
5. Describe the role of the MBE firm (if applicable) in the joint venture:
6. Provide a copy of the joint venture's written contractual agreement.
7. Control of and participation in this Agreement. Identify by name, race, sex, and "firm"
those individuals (and their titles) who are responsible for day-to-day management and
policy decision making, including, but not limited to, those with prime responsibility for:
(a) Financial decisions:
(b) Management decisions, such as:
(1) Estimating:
(2) Marketing and sales:
(3) Hiring and firing of management personnel:
(:arihhaan Markatnlace Renovation - B-30671 Bid No.: 11-12-011
(4) Purchasing of major items or supplies:
(c) Supervision of field operations:
NOTE: If, after filing this form and before the completion of the joint venture's work on
the
subject Contract, there is any significant change in the information submitted, the joint
venture must inforru the County in writing.
AFFIDAVIT
"The undersigned swear or affirm that the foregoing statements are correct and include all
material information necessary to identify and explain the terms and operation of our
joint venture and the intended participation by each joint venturer in the undertaking.
Further, the undersigned covenant and agree to provide to the County current, complete
and accurate information regarding actual joint venture work and the payment therefore
and any proposed changes in any of the joint venturer relevant to the joint venture, by
authorized representatives of the County. Any material misrepresentation will be grounds
for terminating any Contract which may be awarded and for initiating action under
Federal .or State laws concerning false
statements."
Name of Firm:
Name • of Filar:
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
Form A
Caribbean Marketplace Renovation - B-30671 Bid No.: 11-12-011
Section 4 — BID FORMS
Submitted:
City of Miami, Florida
Office of the City Clerk
City Hall, 16` Floor
3500 Pan American Drive
Miami, Florida 33133-5504
\69\\\I—
Date
ORIGINAL
The undersigned, as Bidder, hereby declares that the only persons interested in this Bid as
principal are named herein and that no person other than herein mentioned has any interest in this
bid or in the Contract to be entered into; that this Bid is made without connection with any other
person, firm, or parties making a Bid; and that it is, in all respects, made fairly and in good faith
without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself fully of all
conditions pertaining to the place where the Work is to be done; that it has examined the Contract
Documents and all addenda thereto furnished before the opening of the bids, as acknowledged
below; and that it has satisfied itself about the Work to be performed; and that it has submitted the
required Bid Guaranty; and ail other required information with the Bid; and that this Bid is submitted
voluntarily and willingly.
The Bidder agrees, if this Bid is accepted, to contract with the City, a political subdivision of the
State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all
necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all
labor. necessary to construct and complete within the time limits specified the .Work covered...by,.the
Contract. Documents' for the Project(s) entitled:
Bid No: 11-12-011
Title: CARIBBEAN MARKETPLACE RENOVATION —
B-30671
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative
form of security, if permitted by the City, each for not less than the total Bid price plus alternates, if
any, and to furnish the required Certificate(s) of Insurance.
The undersigned further agrees that the Bid guaranty accompanying the Bid shall be forfeited if
' Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and
Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar
days after being notified of the award of the Contract.
In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be
corrected by the City. In the event of a discrepancy between the price Bid in figures and the price
Bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the Bid is
to be multiplied by the stated quantity requirements in order to arrive at the total,
76
BID FORM (Page 2 of tt)
Note: Bidders are bidding on a total lump sum basis for the purpose of determining the lowest responsive
and responsible bidder. Where there is a discrepancy between the numerical and written Bid Amount, the
written Bid Amount will prevail,
City Form SU must be submitted with your bid. The SU Form can be found posted on the
vuebpage with the bid documents.
Total Lump Sum Bid Amount includes the total cost for the Work specified in this solicitation, consisting of
furnishing all materials, labor, equipment, permits, supervision, mobilization, overhead & profit required in
accordance with the Bid Specifications.
Item 1: BASE BID AIiIlDUNT:
Item 2: ALLOWANCE FOR PERMIT FEES:
Item 3: ALTERNATE ADDITIVE — ROOF REPAIR:
Note: Alternate Additive — Roof Repair shall
Include: Roof Coating and Metal Roof Deck Repair,
Structural Repairs to Roof and Trusses, Seven New
Skylights including associated Roofing and Gypsum
Deck Repair and Mold Remediation.
TOTAL LUMP SUM BID AMOUNT
(Item 1 + Item 2 + Item 3):
25.000
- 0, --1 ✓ Q
$ --L, baD
\LOB\ � IAA..-e�D
Written Total Lump Suni Bid Amount
77
Caribbean Marketplace Renovation - B•30671
Bid No.: 11-12-011
BID FORM (Page 3 of 8)
DIRECTIONS: COMPLETE PART 1 OR PART II, WHICHEVER APPLIES, AND PARTS III AND
IV (if applicable)
Part I: Listed below are the dates of issue for each Addendum received in connection with this
Bid:
Addendum No. 1, Dated
Addendum No. 2, Dated
Addendum No. 3, Dated b\zto\lz-
Addendum No. 4, Dated \A -\
ND DaY1`�oa msC® 4�� �
Part II: No addendum was received in conn cfon with this Bid.
Part•III; Certifications
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and
shall comply with all the stated requirements.
1. Affirmative Action Plan
Successful bidder(s) shall establish an Affirmative Action Plan or an Affirmative Action Policy
pursuant to Ordinance #10062 as amended. Effective date of implementation must be
indicated on the policy: and
2. First Source Hiring
Bidder certifies that it has read and understood the provisions of City of Miami Ordinance
Section 18-110, pertaining to the implementation of a "First Source Hiring Agreeme,nt".
Evaluation of bidder's responsiveness fo Ordinance Section 18-110 may be a consideration in
the award of a contract.
3. Non -Collusion
Bidder certifies that the only persons interested in this Bid are named herein; that no other
person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is
made without connection or arrangement with any other person; and
4. Drug Free Workplace
The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in ..the Bidder's
workplace, and specifying the actions that will be taken against employees for violations of
such prohibition;
(2) Establishing a continuing drug -free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug -free workplace;
(iii).._,,.Any .available ,::dr-ug-counseling,-rehabilitation, and employee assistance programs;
and
(iv) The penalties that may be. imposed upon employees for drug abuse violations
occurring in the workplace;
78
Caribbean Marketplace Renovation - B-30671
Bid No.: 11-12-011
BID FORM (Page 4 of 8)
(3) Giving all employees engaged in performance of the Contract a copy of the statement
required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a
condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug
statute for a violation occurring in the workplace no later than five (5) calendar days
after such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such
conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is convicted
of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including
termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local
health, law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug -free workplace program through
implementation of-subparagraphs(1) through-(6); and
5. Lobbying
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress .in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) This undersigned shall require that the language of this certification be included in the
award documents for '`All" sub -awards at all tiers (including subcontracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall
certify and disclose accordingly.
79
BID FORM (Page 5 of 8)
This certification is e material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification Is a pre -requisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure; and
* Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it
applies to covered contract/grant transactions over $100,000 (per QMB).
6. Debarment, Suspension and Other Responsibility Matters
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, and declared
ineligible or voluntarily excluded from covered transactions by any Federal department
or agency.
(b) Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or .performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or falsification or destruction of records: making false statements, or
receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph .6.b..ofthis certification;. and
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State, or local) terminated for cause or default,
Where the prospective Bidder is unable to certify to any of the statements in this certification, such
Bidder shall submit an explanation to the City of Miami.
Part IV; Certification — Trench Safety Act
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the Trench Safety
Act, and will comply with all applicable trench safety standards. Such assurance shall be legally
binding on all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards.
Bidder acknowledges that included in the various items of the proposal and in the total Bid price
are costs for complying with the Florida Trench Safety Act, These items are a breakout of the
respective items involving trenching and will not be paid separately. They are not to be confused
with -bid items in -the -schedule -of prices, .nor -be considered -additional --Work:
80
BID FORM (Page 6 of 8)
The Bidder further identifies the costs and methods summarized below:
Quantity Unit
Description Unit Price Price Extended . Method
Total $ t5(
Attached is a Bid Bond [vj", Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [
Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified
Check [ ] No. Bank of for
the sum of Dollars ($ ).
The Bidder shall acknowledge this Bid and certifies to the above stated in Part I11 and IV by signing
and completing the spaces provided below.
Firm's Name:
Signature:
Printed Name/Title: --\Dt tJ,.-itnJ.
City/State/Zip:
Telephone No.: � 5 (n . '2,6, 6
Facsimile No.: l .tL(°5' 1 Lf3Cp
Social Security
No. or Federal
I.D. No.: '2.. V L
E-Mail Address: SN °iV'c 14,.s GOt s \ -604 ' C-
Dun and
Bradstreet No.: lr��J�-..
(if applicable)
If a partnership, names and addresses of partners:
81
Caribbean-Marketplace-Renovation---B-30671 Bid No.: 11-12-011
CHID FORM (Page 7 of 8)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY ERTI Ythat at a meeting of the Board of Directors of
.,f� _ 9(>.cX�r a corporation organized and existing under the laws of
the State of L 1 held on the da of C solution was duly passed
and adopted authorizing (Name) kph as (Title‘) of the
corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested
by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that
said resolution remains in fAiII'force and effect,
IN WITN 1 S WF� OF, Jhave hereunto set my hand this 5 , day of
Secretary:
Print:
, 2 D_ L,,
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting, of the Board of Directors of
a partnership organized and existing under the laws of
the State of , held on the day of , ' , a resolution was duly passed and
adopted authorizing (Name) as (Title) of the to execute
bids on behalf of the partnership and provides that his/her execution thereof, attested by a partner, shall be
the official act and deed of the partnership.
I further certify that said partnership agreement remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Partner:
Print:
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing this Bid is authorized
to sign Bid documents on behalf of the joint venture. If there is no joint venture agreement each member of
the joint venture must sign the Bid and submit the appropriate Certificate of Authority (corporate, partnership,
or individual).
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
1 HEREBY CERTIFY that, I (Name) , individually and doing
business as (d/b/a) (If Applicable) have executed and am
bound by the terms of the Bid to which this attestation is attached.
IN WITNESS WHEREOF, I have hereunto set my hand this • , day of , 20
Signed:
Print:
82
BID FORM (Page 8 of 8)
STATE OF
COUNTY OF 7/.'in411 — bah._
NOTARIZATION
SS:
The foregoing instrument was acknowledged before me this day of
20 (Z , by ,ik " Vefe.Z—C�urr� , who is personally known to, me or .who has produced
Ytr5,,(16ly
as identification and who (did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
�IiltdyZi . en)(2
PRINTEQ; 'STAMPED'OR TYPED
NAME OF NOTARY PUBLIC
83
Caribbean Marketplace Renovation - B-30671 Bid No.: 11-12-011
State of Florida
County of Dade
City of Miami )
Section 0- Attachments
BID BOND FORM (Page 1 of 3)
)
)
SS
Perez-Gurri Corporation d/b/a
KNOWN ALL PERSONS BY THESE PRESENTS, that N&J Construction
Principal, The Hanover Insurance Company
as
as Surety,
are held and firmly bound unto The City of Miami, in the penal sum of 5% of Bid Proposal
Dollars ($ 5% ) lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents,
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has
submitted the accompanying Bid, dated March 30th, •
CARIBBEAN MARKETPLACE RENOVATION — B-30671
Bid No.: 11-12-011
, 2012 , for:
NOW THEREFORE: .
(a) If the principal shall not withdraw said Bid within one hundred twenty (120) days after
date of opening the same, and shall within ten (10) days after the prescribed forms are
presented to him for signature, enter into a written contract with the City, in accordance
with the bid as accepted, and give bond with good and sufficient -Surety or Sureties, as
may be required, for the faithful performance and proper fulfillment.of such contract; or,
(b) In the event if the withdrawal of said Bid within the period specified, or the failure to enter
into such contract and give such bond within the time specified, if the principal shall pay
the City the difference between the amount specified in said Bid and the amount for
which the City- may procure the required Work and supplies, if the latter amount be in
excess of the former, then the above obligation shall be void and of no effect, otherwise
to remain in full force and virtue.
84
Caribbean Marketplace Renovation - B-30671
Bid No.: 11-12-011
BID BOND FORM (Page 2 of 3)
IN WITNESS WHEREOF, the above bound parties have executed this instrument under
their several seals, this 27th day of March,
, A. D., 2012
the name and corporate seal of each party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of Its governing body.
WITNESS: (If Sole Ownership,
Partnership, or Joint Venture,
two (2) /� itnes:e are required.
If Cor• � ation/ : Greta y
only 1 atte-j d affi seal.) Perez-Gurri CorporatioN&J
t
Construction liti
PRINCIPAL:
f Firm)
Affix
Seal
:rized officer
(Title)
4990 SW 72 Avenue, Suite 104
Miami
City
The H
(`ig
(Business Address)
Florida_
State
Surety:
rance Company
ora e Surety)
33155
Zip
turd\of Authorized Officer)
Affix
Seal
Davor I. Mimica, Attorney in Fact and Florida Resident Agent
(Title)
440 Lincoln Street
(Business Address)
Worcester, MA 01653
City State Zip
85
Caribbean Marketplace Renovation - B-30671 Bid No.: 11-12-011
BID BOND FORM (Page 3 of 3)
CERTIFICATE AS TO CORPORATE PRINCIPAL
IA .. —Re - , certify that I am the Secretary of
the Corpion named as Principal in the within bond; that
e\G-- nx of said corporation; that I know his signature, and the
signature hereto is genuine; and that said bon as du y signed, sealed and attested for and in
behalf of said corporation by authority of its go�ning
STATE OF FLORIDA )
COUNTY OF DADE
City OF MIAMI
)
SS
(Corporate Seal)
Before me, a Notary Public duly commissioned, and qualified, personally
appeared Davorl. Mimica to me well known, who being by me first duly
sworn upon oath, says that he/she is the attorney -in -fact, for the
The Hanover Insurance Company and that he/she has been authorized by
Power of Attorney • to execute the foregoing bond on behalf of the Contractor named
therein in favor of The City of Miami, Florida.
Subscribed and sworn to before me this 27th day of March, A. D., 2012
INSTRUCTIONS: Bid Bonds
must be accorripanied-by
a Power of Attorney, In
compliance with
instructions to Bidders
Notar<y`Fiablfc;"Sta'te ofF rida'"af Lerge
�ltlll!!4!iltiiiNf,��f�J
i
My Commission�.pbM oMAR s�!1F ,`
�y rpsn:b
o
P_ �;rn=
m N -
� cp Q '® 77 °ohymiilloo
Caribbean Marketplace Renovation - B-30671
86
Bid No.: 11-12-011
t'.J O RDA DEPA.R.TMENT..Q ',jj SURANCE ''1:',1.
1 • DAVOR IV1lJ MIMIr. ,... a;
,y:�-.-,. L.Icdnse Nul)•gberl :;,',:.;4 111.3114.111 ::-:.�
� s�' - IS LIO<?`ISt0 TO 7rW<ShOhj:.c:--...—• .
£� FDLI.04940d4165Ea'Si yILiSOa/7M.E: -
k-' `t. 0enehral lines (Pry p & Gas) _
This licensee must here an active appointmeni,willi the in$urer pr employer to:
ohlch products or services am being marketed. See leverse for a<ddional
Icquirements.
THE HANOVER INSURANCE COMPAWY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
- CERTIFIED COPY
KNOW ALL MEN BYTHESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being
corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation
organized and existing under the laws of the State of Michigan, do hereby constitute and appoint
Charles C. Ball, Ileana M. Bauza, William F. Kleis, Davor I, Mimica and/or William L. Parker
of Miami, FL and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for,
and on its behalf, and as its act and deed any place within the United States, or, If the following line be filled in, only within the area therein designated
any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance
and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions
are still in effect:
'RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint
Attorneys -in -fact of the Company, in Its name and as Its acts, to execute and acknowledge for and on its behalf as Surety any and ell bonds, recognizances,
contracts of indemnity, waivers of citation and all otherwrltings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such
writings so executed by such Attorneys -in -fact shall be as binding upon the Company as If they had been duly executed and acknowledged byte regularly
elected officers of the Company in their own proper persons.' (Adopted October 7, 1981 • The Hanover Insurance Company; Adopted April 14, 1982 -
Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE
COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents,
this 28th day of November 2011. THE HANOVER INSURANCE COMPANY
CITIZ NS I S FtiANO £? RANY OF AMERICA
Robert Thomas, Vice President
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ) ss.
On this 28th day of November 2011 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance
Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the
seals affixed to the preceding instrument are the corporate seals of The Hanover insurance Company, Massachusetts Bay Insurance Company and Citizens
Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said
instrument by the authority and direction of said Corporations.
BARBARAA.BARUCK
Notary Punk
GenecamarhaNimai lent
trtcemmastarpr aSeta.i.V1a
e 44; f tr
•
Barbara A. Garlick; Notary Public
My Commission Expires September 21, 2018
I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,
hereby certify that the above and foregoing is a full, true and correcl copy of the Original Power of Attorney issued by said Companies, and do hereby further
certify that the said Powers of Attorney are still in force and effect.
Thls Certificate maybe signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,
Massachusetts.Bay Insurance Company.antl Citizens.lnsurance Company of America.
'RESOLVED, That any and all Powers ofAttomey and Certified Copies of such Powers of Attorney and certification in rasped thereto, granted and executed
-by:the-PresidentoranyVice-Presidentin conjunction with:any-.Vice President-ofthe.Company-,shall-bebtnding on.theCompany-to the.same:extentas.lt,all
signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile.' (Adopted October 7, 1981 - The
Hanover Insurance Company; Adopted April 14, 1982 -Massachusetts Bay Insurance Company; Adopted September7, 2001 - Citizens Insurance Companyof
America)
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 271h day of March 2012.
THE HANOVER-INSURANCE COIVIPANY _...__._..----.._...-
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
chn Margoalan, Vice President
SUPPLEMENT TO BID FORM:
QUESTIONNAIRE
This Completed Form Must Be Submitted With The Bid, The City May, At Its Sole
Discretion, Require That The Bidder Submit Additional Information Not Included In The
Submitted Form. Such Information Must Be Submitted Within Seven (7) Calendar Days Of
The City's Request. Failure To Submit The Form Or Additional Information Upon
Request By The City Shall Result In The Rejection Of The Bid As Non -Responsive.
Additional rages May Be Used Following The Same Format And Numbering.
By submitting its Bid the Bidder certifies the truth and accuracy of all information contained
herein.
A. Business Information
1. How many years has your company been in business under its current name and
ownership?
a. Professional Licenses/Certifications (include name and number)* Issuance Date
.6k1641ii)
("include active certifications of small or disadvantage business & name of certifying entity)
b. Date company licensed by Dept. Of Professional Regulation: °v'`�i�i t�
c. Qualified Business License: E. Yet] No If Yes, Date Issued:
d. What is your primary business? l 'C1.OCf rN\��
(This answer should be specific. For example; paving, drainage, schools, Interior renovations, etc.)
e. Name of lifer, license number,, relationship to company:
c_Gt c__
\ icaLk Qc,Li
f. Names of previous Qualifiers during the past five (5) years including, license
numbers, relationship to company and years as qualifier for the company
2. Name and Licenses of any prior companies
Name of Company License No.
Issuance Date
3. Type of Company:
❑.Corporation [> "S" CorporationLLC0Sole ProprietorshiptOther:
(Corporations_ will be required tqprovide_a copy_of their corporateresolution_ prior_ to executing_ a- contract)
---
87
Caribbean Marketplace Renovation - B-30671
Bid _No._,11-12 _011
4. Company Ownership
a Identify all owners of the company
Name Title % of ownership
b. Is any owner identified above an owner in another company? ZYes No
If yes, identify the name of the owner, other company names, and % ownership
� �.��.. sD ire
c. Identify all individuals authorized to sign for the company, indicating the level of their
authority (check applicable boxes and for other provide specific levels of authority)
Name Title Signatory Authority
)t.A\-\-\-(---%\;,c+.:C:rva)
All Cost No -Cost Other
❑ E ❑
❑ ❑ ❑ -❑
❑ ❑ ❑ L
❑ ❑ f❑ ❑
Explanation for Other:
(Note: "All" refers to any type of document including but not limited to contracts, amendment, change
proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost'.' refers to CPRs, COs.
No -cost refers to RFIs,. Notices, and other similar documents)
5. Employee Information
Total No. of Employees: 5 Number of Managerial/Admin. Employees:
Number of Trades Personnel and total number per classification:
(Apprentices must be listed separately for each classification)
How_ many..ernpioyees _are .working _under . H2B.visas?..
88
Caribbean Marketplace Renovation - B-30671
Bid No.: 11-1.2-011
6. Has any owner or employee of the company ever been convicted of a federal offense or
moral turpitude: If yes, please explain:
7. Insurance & Bond Information
a. Insurance Carrier name & address: FGCL ` 4-AltrVC ,
1.1 5 t t RSA 'ut2LJea — 9 `(Pui
b. Insurance Contact Name, telephone, & e-mail:
�Sbc) 5 �-(kr�L� 3D S.)5( t? - V 4i G loS• 00.(a tt t
c. Insurance Experience Modification Rating (EMR): 1 .0
(If no EMR rating please explain why)
d. Number of Insurance Claims paid out in last 5 years & value: i]
e. Bond Carrier name & address:
t 440 C.yt lz sc� �
f. Bond Carrier Contact Name, telephone, & e-mail:
g. Number of Bond Claims paid out in last 5 years & value:
8.. Have any claims lawsuits been file against your company in the past 5 years, If yes, -
identify all where your company has either settle or an .adverse judgment has been
issued .against your company.. Identify the year basis for the claim or judgment &
settlement unless the value of the settlement is covered by a written confidentiality
agreement.
9, To the best of your knowledge is your company or any officers of your company
currently under investigation by any law enforcement agency or public entity, If yes,
provide details:
AC)
1-0, -Has--your- company -been =assesse -liquidated-damages or-defaulted-en-a--project--in-the:--
past five (5) years? ❑ Yes No (If yes, provide an attachment that provides an
explanation of the project and an explanation.
11. Has your company been cited for any OSHA violations in the past five (5) years. If yes,
--please-provide-an-attachment-including-all -details-on-each-citation,
89--.. — — — Caribbean Marketplace Renovation - B-30671 Bid No.: 11-12-011
12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater,
owned by your company.
B. Project Management & Subcontract Details
1. Project Manager for t roject:
a. Name: c-iW
b. Years with Company:
c Licenses/Certifications:
d. Last 3 projects with the company including role, scope of work, & value of project:
2. Subcontractors:
Name Trade % of Work License No. Certification*
("active certifications of small or disadvantage business & name of certifying entity)
3. Scope of actual construction work to be performed by your company and the
corresponding percentage of the work: (This does not include such Items es insurance `bonds, dumpsters,
trailers, other similar non -construction work Items)
ink P-°' j C..4 -, i 'CI1ti' iv-
C. Current and .Prior. Experience:
1. Current Experience including projects currently under construction, recently awarded, or
pending award (Provide an attachment to this questionnaire that lists all such projects,
including the owner's name, title and value of project, scope of work, projected or actual
start date, projected completion date, and number of company trades personnel
assigned to the project)
2 : Prior: Projects- of -a- similar --size, --scope -and -complexity: Provide --an- attachment -to -this -
Questionnaire that includes Completed Projects the Proposer considers of a similar,
size, scope and complexity that the City should consider in determining the Bidders
responsiveness and responsibility. This attachment must include the project that meets
the minimum number of projects identified by the bid solicitation. Information provided
must include the owner's name ,address and contract person, including telephone & e-
mail, title of project, location of project, scope, initial value and final cost of the project,
90
--Caribbean-Marketplace-Renovation-- B=30671- Bid No:r 1-1-=12-011-
� projected and final timefna0eo for oomrdetioh in calendar days and the number of
/ corpany trades pe[ooOno|, by classification, that were assigned to the project. The
delivery 0ethod, indUdiDg, but not limited to; design -build, CM@Risk. Des' n-aBid-BUi|d'
etc. is to be identified for each Project. If there is a difference between the indUe| and
final cost or ihi'tial and actual tinlEfF8OO8 provide details on why the differences exist. /\
reference letter is to be uoO0p|etod by the owner ofthe Project and submitted as part of
the Bid SUb[OisSiOO,
D. Bidder's References
Bidders are to include a Dlinirnurn of five 85\ references frorn completed projects listed in
C.2 above. The attached reference letter form must be Used and included with the Bid
submission. The City, at its sole d|acret|UD may allow the Bidder to SUbnn|t the references
after the specified date for Bid submission.
91
Cehbbwon10apketpiaco-lonovotion--B'3067-1---'---------- -- -------BidNp..A4�'12'814
SUPPLEMENT TO BID FORM: CUSTOMER REFERENCE LISTING (Page 1 of 1)
Bidders may furnish the names, addresses, and telephone numbers of firms or government
organizations for which the Contractor has provided services in addition to the minimum five (5)
projects of a similar size, scope, and complexity.
1. Company Name
Address
Contact Person
Contract Amount
Telephone No/Fax No
2. Company Name
Address
Contact Person
Contract Amount
Telephone No/Fax No
3. Company Name
Address
Contact Person
Contract Amount
Telephone No/Fax No
4. Company Name
Address
Contact Person
Contract Amount
Telephone No/Fax No
5. Company Name
Address
Contact Person
Contract Amount
Telephone No/Fax No
92
Carihbean Marketplace Renovation - B-30671 Bid No_! 11-12-011
SUPPLEMENT TO BID FORM:
OFFICE LOCATION AFFIDAVIT (Page 1 of 2)
Please type o.r print clearly. This Affidavit must be completed in full, signed and
notarized ONLY IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE
CITY OF MIAMI.
Legal Name of Firm:
Entity Type: (Check One) ❑ Partnership E Sole Proprietorship ❑ Corporation
Corporation Document No:
Date Established
Occupational License No:
PRESENT
Street Address:
Date of Issuance
Qfiie ca an :E a i ment iftti"ieb>>. rt'.t�(
City:
State: How long at this location:
PREVIOUS
Street Address:
City:
State . How long at this location:
According to Section 18-85 of the City of Miami Code, as amended:
The "City Commission may offer to a responsible and responsive local bidder, who maintains an
office in the City of Miami, the opportunity of accepting a Bid at the low bid amount, if the
original bid amount submitted by the local bidder does not exceed 110 percent of the lowest
other responsible and responsive bidder.'
The intention of this section is to benefit local bona fide .bidders/Bidders to promote
econorriie development within the corporate limits of the City of Miarni.
I (we) certify, under penalty of perjury, that the office location of our firm has not been
established with the sole purpose of obtaining the advantage granted bona fide local
bidders/Bidders by this section.
94
Caribbean Marketplace Renovation - B-30671
Bid No.: 11-12-011
SUPPLEMENT TO BID FORM:
OFFICE LOCATION AFFIDAVIT (Page 2 of 2)
Authorize Signature Authorized Signature
Print Name Print Name
(Corporate Seal) Title Title
Authorized Signature Authorized Signature
(Must be signed by the corporate secretary of -a Corporation or one general partner of a
partnership or the proprietor of a sole proprietorship or al! partners of a joint venture.)
NOTARIZATION
STATE OF FLORIDA, COUNTY OF DADE
That: personally appeared
before me and acknowledged the foregoing instrument as his/her act and deed.
That he/she has produced as identification.
NOTARY PUBLIC:
My Commission Expires:
Please submit with your Bid copies of Occupational License, professional and/or trade
License to verify local status. The City of Miami also reserves the right to request a copy
of the corporate charter, corporate income tax filing return and any other documents(s)
to verify the location of the firm°s office.
- 95
Caribbean Marketplace Renovation - B-30671
Bid No.f 11-12-011
t
ADDENDUM NO, I
March 1, 2012
INVITATION TO BID NO.: 11 m'! 2' 01 "1
CARIBBEAN MARKETPLACE RENOVATION
PROJECT NO.: B-30071
TO: ALL PROSPECTIVE BLDDER5:
The following changes, additions, clarifications and/or deletions amend the above -captioned Invitation
to Bid and shall become an integral part of the Bids submitted and the Contract to be executed for Caribbean
Marketplace Renovation - Invitation to Bid No.: 11-12-011 (the "Project"). Please note the contents herein and
affix same to the documents you have on hand.
All attachments (if any) are available on the CIP website and are part of this Addendum.
A. REVISED BIDS DLIE DATE: The:Bids Due Date forthis JTS°NO.: 11-12-011 has beerychancied to:
FRIDAY, MARCH 30, 2012 @ 2:00 P.M.
B. Revised Minimum Requirements: The provision specifying the Minimum Requirements for.
Prospective Bidders for ITB No:: '11-12-011, found on page 6 of the Contract is hereby replaced
with the following:
Minimum Requirements: Prospective Bidders must have, as of the Bids Due
date,_a.current_certified._General .Contractor -license -issued-by-the-State-of-Florida
Di a current certified Building Contractor license issued by the State of Florida
and must have a minimum of five,(5) years experience under its current business
name in the construction/renovation of commercial/retail building projects,
supported by references for five (5) projects completed within the past five (5)
years. Submitted reference projects must demonstrate that the Bidder was the
Prime Contractor for the project.
NOTE: The requirements that (l) Bidder has self -performed at leastthirty
percent (30%) of_the physical construction work for each ofthe_five, ...,
(5) reference projects; and (ii) Contractor must self -perform at least
thirty percent (30%) of the physical construction work for the
Project have been eliminated.
Addendum -No, 1.
Caribbean Marketplace Renovation ITi@ No.: 11-12-011
C. Requests for Information — Since Issuance of -the Bid on Wednesday, February 8, 2012i
The following responses are to _RFI's posed since issuance of Bid No,: 11-12-011 on Wednesday,
February 8, 2012,
What is the estimated,construction budget for the Caribbean Marketplace Renovation Protect?
Al. CIP has established a maximum budget of $800,000 that is unencumbered, available and allocated
for this project. This amount is not CIP's official cost estimate for the work, but is the budgetary
constraint established for this contract. Submission of a bid under the maximum .budget is not a
guarantee of contract award and cannot be interpreted as an appropriate or awardable bid amount.
Q2. Where are the points of connection for FPL and Bellsouth? •
A2. Please refer to the boxed note (#1) on sheet E-1 for power and telephone points of connection. There is
a pole mounted transformer near the northeast corner of the building that should be noted by the
bidders when they visit the site. Currently there is no power and no telephone service in the building.
Q3. During the pre -construction meeting, it was mentioned that the owner has previously done an
asbestos survey and lead paint resulting from no asbestos and lead paint, therefore it was not
to be Included in the proposal. Please confirm and or Include the report if any asbestos was
encountered. Please advise?
A3. Please find attached hereto the City's Asbestos Renovation Survey dated January 26, 2010 and
prepared by Professional Service Industries, Inc. (see Additional Information, Item 1, below). Assume
that there is no lead -based. paint.
Q4. During the pre -construction meeting, It was mentioned that a possible 2"d site visit could be
arranged. Please advise when is this going to take place,
A4. The 2"d site visit for inspection purposes has been scheduled for Wednesday, March 21, 2012 @
1'0t0OWM
05. On Sheet A4.1, detail 7 &: 8, it shows "Paint Finish (typ,)" on the walls -of the restrooms.
However, on 'sheet A7.1 room finish schedule, it shows ceramic the W-1 finish on the walls,
along with F-1 and B-1 ceramic flooring and base respectively, Please clarify location of tile, If
any, and height of tile on walls.
A5. Please refer to Room Finish Schedule on A7.1 and disregard "paint finish". note indicated on A4.1. All
walls in restrooms shall befinished with ceramic tile, full height, and ceramic tile bases. See toilet
rooms in existing Cultural Arts Center; the intent of the drawings is to duplicate the wall and floor
finishes in the public rest rooms In the Cultural Arts Center (next door) per Roof Finish General Note
#5.
Q6. Sheet E-3 shows 6 wail mounted light fixtures with no type designated, on the same sheet there
are fixtures shown and marked as fixture type M2, M3 and M4, yet there is no corresponding
fixture type on the fixture schedule. Please provide some clarification.
A6. Please see drawing A3.6, Key Note #46 as marked on the plan should have been Indicated as Key
Note #44 ("Wall mounted lighting fixture (see electrical drawings"). Revise drawing E-3 and add this
general note: "Wall Scone: Provide a $250 allowance each fixture, to be selected by owner". Revise
Drawing E-4 "Lighting Fixture Schedule" to include these fixtures that relate to the .fixtures indicated on
Drawing E-3:
_M2: 2'-0 linear fluorescent, 2 lamps 2-'17w TB LSI model S217ss0i0-120
M3; 3'-0" linear fluorescent, 2 lamp, 2-25w TO LSI model 3225ss010-120
M4: 4'-0" linear fluorescent, 2 lamp, 2-32w T8 LSI model S232ss010 120
Addendum No, 1
Car.Ibbean_Marketplace_Renovation__.___ ... _I-T-13-No,: 11 12 011
B. Additional information;
1. Please find attached the City's Asbestos Renovation Survey dated January 26, 2010 and
prepared by Professional Service industries, inc.;
2. The following changes are hereby incorporated into the Project Plans:
Change drawing A1.1, Item 3/A1.1 Floor Plan General Notes, change note #1 to
read: "Patch concrete slab on grade at locations where plumbing lines, electrical
lines, concrete columns, and/or block walls were removed or will be installed as
part of this protect. Patch slab with 4" thick concrete on compacted base and
vapor harrier; reinforce and finish concrete to match existing/adjacent slab -see
structural drawings."
Change drawing A1.1, item 3/A1.1 Floor Plan General Notes, add note #9:
"Prepare all concrete floor slabs to receive floor finishes noted on A7.1."
Change drawing A7.1, Item 2/A7.1 Room Finish General Notes, add note #7: "
Floor finish type F-3 shall be Beniamin Moore Anti -Slip Floor Coating (116),
colors as selected by Architect (assume two colors).";
3. Please note: paragraph 12, Work Staging and Phasing on page 24 of the Contract, has been
amended to include the following provisions:
The Contractor shall have exclusive use of the property in order to complete the
work of this Project except for the space between column lines A and B and
between column lines 1 and 6 (called the "Western Bay"). The Contractor may
use the Western Bay on all days except Saturdays' between'12:01 AM'untii 11:59
PM. The City shall use the Western Bay for retail purposes on Saturdays. The
Contractor must work around and protect the existing wood stud partition during
the first four months of the project and after receiving a Notice To Proceed, The
Contractor shall turn over the Western Bay to the City at midnight each Friday,
and the Western Bay shall be kept free of stored construction material, tools, and
equipment on Saturdays. The Western Bay shall be turned over to the City in a
broom -clean condition each week. At the conclusion of the previously
mentioned four month period, the Contractor shall remove the wood stud and
gypsum wall board partition and dispose of the debris. The Contractor shall patch
the concrete floor slab to receive floor finishes as specified In the drawings. The
Contractor shall not be responsible for the safety or security of people,
furnishings, and equipment associated with or left in the Western Bay on
Saturdays.
4. Please note: paragraph 1, Contract Time & Hours on page 69 of the Contract, has been
amended to include the following provisions:
Contractor shall have One Hundred 'eighty ('180) calendar days to achieve
Substantial Completion from the date of the Notice to Proceed is issued.
Contractor shall have an additional Thirty (30) calendar days for Final
- ompletion-o -the Contract: _..
Addendum No. 1
3
Caribbean Marketplace Renovation
PCB No.: 11-12-011
THIS ADDENDUM 1S AN ESSENTIAL PORTION OF THE CONTRACT,,bOCUMENT AND SHALL BE
MADE A PART THEREOF.
Jeovanny ' odr • ez, P.E., istant Director
Capital I arov- ents Prm
This addendum should be signed and dated by Bidder and submitted as proof of
receipt with the submission of bids, The Bidder by identifying the addendum
number in their bid proposal and by the signing and submission of their bid, shall
serve as proof of receipt of this addendum.
NAME OF FIRM:t-A DATE: 1 j2
SIGNATURE:
Addendum No. 1
4
Caribbean Marketplace Renovation
ITB No,; 11-12-011
0:4. 1(1 :1440%,:c.r
ADDENDUM NO. 2
March 14, 2012
INVITATION TO BID NO.: 1 1-12-011
CARIBBEAN MARKETPLACE RENOVATION
PROJECT NO. : B-30671
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications and/or deletions amend the above -captioned Invitation
to Bid and shall become an integral part of the Bids submitted and the Contract to be executed for Caribbean
Marketplace Renovation — Invitation to Bid No.: 11-12-011 (the "Project"). Please note the contents herein and
affix same to the documents you have on hand.
All attachments (if any) are available on the CIP website and are part of this Addendum.
A. Requests for Information — Since Issuance of Addendum No. 1 on Thursday. March 1. 2012i
The following responses are to RFI's posed since issuance of Addendum No. 1 on Thursday, March 1,
2012.
01 IDo prevailing wages apply to this job?
Al. Davis -Bacon wage requirements do not apply to this Project.
02. Please advise. Bronze Anodized finish as shown in specification: 08520- Aluminum Windows,
note 3, is not available, confirm If Bronze Paint Finish is going to be used.
A2. Bronze powder coat paint finish is acceptable.
03.
Please clarify which system is going to be used for sliding glass windows: a. SGD-2500 series",
as shown in specification 08520- Aluminum Windows, note 3 Sheet SPC.1b. ARCH Series
1600 impact view as shown on key note #313 at Sheet A3.0
A3. Sliding windows shall be. Series 1600 Impact View as indicated by key note #38 on all A3 sheets (dis-
regard SGD-2500 product). Series 1600 is manufactured by Trulite Glass and Aluminum Solutions,
888-574-0367 ext.159
Q4. Please Define Mass Color and thickness,
A4. Bronze tinted glass; 7/16" impact resistant with low-E.
05. -.- Jn_ssheetA3.2,_Key ._note -._38,....it shows_ "series 1600 impact -view!! by ARH -windows,—two units-
X0 with central 'i" x 4" aluminum tube mullion (NOA 09-0617.04)". please clarify: a. "series 1600
Addendum No. 2
Caribbean Marketplace Renovatio i
ITB No.: 11-12-011
impact view" by ARH windows, is this the system that is going to be used? b. "Thermally
insulated aluminum horizontal sliding window" is not available in ARCH "series 1600". c. "(NOA
09-0617.04)" refers to Roofing category not Aluminum glazing.
A5. The aluminum mullion's NOA number 09-0617.04 has expired since the drawings were prepared, The
mullion's current NOA is 11-1213.07. Contractor may select any suitable mullion provided that it is
finished to match the window units and has a current NOA. Omit requirement for thermally insulated
glazing. Bronze tinted glass with low-E is acceptable.
Q6. Door #G-2 shows the rolling doors on the outside being cut in the middle, is there one door or
two doors leading the sectional door exposed to the outside? Sectional glass doors cannot
meet wind code, There would need to be a whole door covering the glass sectional. The other
doors are fine since it covers the whole door. Please clarify.
A6. Door G-2 (glass sectional door) is protected by two existing smaller metal roll up doors. These metal
roll up doors will remain and they are assumed to be hurricane resistant. Both wall openings are
protected by the existing metal doors, None of the new glass sectional doors are required to be
hurricane resistant.
Q7. 7/A6.2 shows tube steel and angle for curb framing. Does this detail represent what they will be
doing with all the skylights as well as the RTU frames? There is no indicated detail on the
structural drawings.
A7. The scuttle will be supported with steel tubes as indicated on details 4,5/A6.1 and 7/A6.2. The RTUs
are to be supported on roof racks as indicated on A6.1 and 41S-2. The existing square skylights are to
be replaced and new steel support structures for the skylights will be required (see attached Roof
Repair Plans).
Q8. SK-1, sink faucet and drain shown on sheet P1 under room 114 are not specify on Plumbing
Fixtures schedule sheet P-3. Please advice.
A8. SK-1 shall be a Kindred Commercial Stainless Steel sink #LBS7312P-1/3, standard use, 302/304
Stainless Steel, Faucet: American Standard #4114.100002, supply p=Trap.
09. What is floor finish F-3 "coating" as indicated on A7.1?
A9. Benjamin Moore Anti -Slip Floor Coating (116); two coats, assume three manufacturer's standard
colors as selected by Architect,
B. Additional Information:
1. Expanded Proiect Scope: The Scope of Work for this Project (specified on page 6 and page
7, paragraph 2 of the Contract) is hereby amended to include repairs to the facility's roof
structure in accordance with the Roof Repair Plans. attached.. hereto. Accordingly, page 77 of
the Contract, BID FORM (Page 2 of 8) has been revised to reflect the Roof Repair as an
Alternate Additive Item (see attached);
2. Required Mold Rernediation: The following Mold Rernediation specification is hereby
incorporated into the Project Plans:
Contractor shall perform mold remediation. Visible microbial growth occurs on
the underside of the gypsum roof deck (north portion of the building) and the
water damaged interior stuccowat1._(southwatI)..as indicated -.on -the--attached-
marked up plan. These surfaces shall be wiped with anti -fungal agent and
cleaned and dried and then sealed with Foster anti -microbial sealer paint. These
remediations and applications shall be performed by a contractor that specializes
in microbial remediation. Products shall be applied in accordance with
manufacturer's -printed- instructions and -recommendations: Upon completion of
Addendum No. 2
Caribbean Marketplace Renovation
1TB No.: 11-12-011
the mold remediation, the contractor shall submit to the City certification from an
approved testing lab that the specified remediation techniques were correctly and
completely applied and the remediation was in conformance with the remediation
specifications.
Acceptable anti -fungal wiped agent: Fosters 40/B0, disinfectant cleaner to wipe
down the mold (see attached MSDS)
Acceptable anti -microbial sealer paint: Fosters 40/20, a paint coat to prevent
future growth (see attached MSDS)
SEE ALSO:
(i) Roof Repair plan sheet A-2 marked to show known amok locations
(attached);
THIS ADDENDUM IS AN ESSENTIAL P.ORTION OF THE CONTRACT DOCUMENT AND SHALL BE
MADE A PART THEREOF.
E., Assistant Director
rogram
This addendum should be signed and dated by Bidder and submitted as proof of
receipt with the submission of bids. The Bidder by identifying the addendum
number in their bid proposal and by the signing and submission of their bid, shall
serve as proof of receipt of this addendum.
NAME OF FIRM
SIGNATURE
Arldendum No. 2_..._.
\4/\12.,
3
Caribbean Marketplace Renovation
1TB No.: 11-12-011
"%
„oil Rik" d
ADDENDUM NO. 3
March 26, 2012
INVITATION TO BID NO.: 11-12-011
CARIBBEAN MARKETPLACE RENOVATION
PROJECT NO.: B-30671
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications and/or deletions amend the above -captioned Invitation
to Bid and shall become an integral part of the Bids submitted and the Contract to be executed fur Caribbean
Marketplace Renovation — Invitation to Bid No.: 11-12-011 (the "Project"). Please note the contents herein and
affix same to the documents you have on hand.
All attachments (if any) are available on the C!P website and are part of this Addendum.
A. Requests for Information — Since Issuance of Addendum No. 2 on Wednesday, March 14, 2012i
The following responses are to RFI's posed since issuance of Addendum No. 1 on Wednesday, March
14, 2012.
Q1. Sheet A1.1 indicates a new window between gridlines B & C. The demolition plan sheet A0.2
indicates existing louvers and frames to remain. Please clarify if any demolition work is to be
required in this opening.
Al. A1.1 shows the existing wood louvers to remain and the new windows correctly.
Q2. Sheet CS.1, Note 1'I states that the ice machine is part of this permit Sheet A1.1 Indicates
N.I:C... Please clarify if the ice machine and refrigerator are to be included in the bid. If they are,
please provide specifications.
Al No. This equipment is part of the permit, but not the bid's scope.
Q3. Sheet .A1.3, Note 2 calls to provide sprayed applied translucent insulation on the existing
skylight. Addendum #2 is replacing the existing square skylights. Please clarify if only the
rectangular skylight on the roof ridge will receive the spray applied insulation.
A3,. Spray -applied -translucent-insulation on -the -existing square:skylights-is no -longer -required -because -the
new skylights will be double dome, translucent units. The rectangular skylight on the ridge (south side)
must be coated with the spray applied insulation coating.
Q4. Sheet A1.3 Roof Plan Key Note #2 requires three (3) coats, while Wall Section Key Note 29
indicates four (4) coats. --Please-ciar-ify -the required -number of coats -and which skylights will
require the coatings.
Addendum No. 3
- -Caribbean-Marketplace-Renovation _.__ .- _. _ .____._ ._ _ _ .-. ITB No.: 11-12=0'11 -
A4. Three coats
Q5. Sheet A3.5 Wall Section 4 1 indicates a corrugated canopy with diagonal wood framing support.
Please provide a framing plan haw these canopies should be constructed,
AS. Submit shop drawings - 2x4s at 48" on center maximum.
Q6. Sheet A5.1 Door Schedule Note # 1 requires the contractor to repair or adjust, as required, the
existing roll -up doors to "like new condition", it Is impossible to determine the cost involved
with this scope. Please provide a dollar allowance so that each bidder bids the same cost.
A6. Bidder has the option to install new impact resistant metal roll up doors of same size and design.
Q7_ Sheet A5.1 Moor Schedule does not indicate the door material for the new double door E-1.
Please provide.
A7. Hollow metal, full flush, #17 on schedule.
08. Sheet A1.1 South Ramp Note states: "Omit Door E-2". Door E-2 on door schedule remarks
column refers to see Note B. Note B states existing door and frame remains. Please clarify If
door E-2 exists.
A8. Omit door E-2 and Door Schedule's reference to Note A. The opening will be protected by the
existing roll up metal door. No swinging doors are required at this opening.
Q9. Please clarify the Intent of Note A on the door schedule and Detail Key Notes on sheet A5.1.
An. Adhere 1" wide by 1/2" thick full height vertical hardwood strips to the exterior skin of the doors.
These strips will be stained or painted a different color from the door skin.
Q10. Doors 104 and 115 are designated as roiling grilles. Door schedule indicates these doors as
aluminum/glass. Please correct.
A10. These rolling grilles shall be bronze finished aluminum. There will be no glass,
Q'll. Sheet Al 3 Note 11 requires security gates at each condensing unit. Are the security cages to
rest on the beam or should they rest on the roof? Please provide a detail how the cages are to
be positioned.
All. The security cages shall be fastened to the steel condenser support structure and may not rest on the
roof or roofing. The intent of the cages is to prevent theft of the condensers and their parts. Cage
must include bottom surface,
Q12. Sheet SPC-2 Addendum #2 includes roof coating system specifications for restoration of the
existing metal roof. Please clarify if the cost associated with the restoration of the existing metal
roof is part of the base bid, or should It be included in Item # 3 Alternate Additive — Roof Repair,
of the .bid form.
.
Al2. See the Revised Bid Form (attached hereto as Additional Information, Item 1, below).
Q13. Please clarify if only the cost of the "roofing scope" of work indicated on sheet A-2 of
Addendum #2, which also indicates water and mold damage, is this the only cost to be included
in Item #3 of the bid form.
A13. See the Revised Bid Form (attached hereto as Additional Information, Item 1,. below).
014. Please reiSetie roof plan sheetA-2, "Roof Repair" because roof notes are not legible.'
A14. The text of the "Roof Plan Key Notes" is legible on sheet A-2 Included with the posted set of "Roof
Repair Plans°.
Addendum No. 3
2
Caribbean Marketplace Renovation ITB No.: 11-12-011
Q15. Sheet SPC-2, General Conditions, paragraph 1.03, submittals, states that at the time of bidding
the applicator shall submit various items to the owner. These items should be required once the
project commences and before a pre -roofing meeting. Please clarify what is required to be
submitted, If anything.
A15. Correct. These Items will be required once the project commences and before a pre -roofing
meeting,
Q16. Dn February 22, 2012, a non -mandatory meeting was held at the site, at which time the .
restoration to the metal roof was not being considered and not part of the bid. On March 14,
2012, Addendum #2 was issued which included and outlined the restoration specifications on
sheet SPC-2. Paragraph 1.06 on sheet SPC-2 Part B states that the bidder shall inspect the roof
and shall be responsible as to the condition that may affect the proper execution of the work.
Please note that no claims for extra cost will be allowed becaUse of lack of full knowledge of
existing conditions. How can the bidders be responsible for something that was not available
for observation and consideration at the time of the .non -mandatory site meeting? Either please
schedule another site visit and provide access to the roof, or eliminate thls requirement.
A16. The above -referenced requirement will not be eliminated and no additional site visits will be scheduled,
Please note that the 2"d site visit for inspection purposes was scheduled for Wednesday, March 21,
2012 @ 10:00 A.M (see Q4 and A4 of Addendum #1 issued and posted on the CIP webpage Thursday,
March 1. 2012). As noted, Addendum #2 was Issued and posted on the CIP webpage on March 14,
2012, seven days prior to the 2"d site visit. Accordingly, all information concerning this matter was
available for observation and consideration at the time of the 2"d site visit.
Nonetheless, Bidders shall assume that there are approximately 60 1/4" diameter holes that must be
patched. There is at least one larger hole under the north cupola, about 0" x 10" and this must be
patched as per detail B/51.0.
B. Additional,lnformation:.
1. Revised Bid Form: Page 77 of the Contract, BID FORM (Page 2 of 8), has been revised to
identify the items to he included in Item 3 - Alternate Additive Roof Repair (see attached);
THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTR T DOCUMENT AND SHALL BE
MADE A PART THEREOF.
Jeovanny
Capital I
Assistant -Director
ram
This addendum should be signed and dated by Bidder and submitted as proof of
receipt with the •submission of bids. The Bidder by identifying the addendum
number in their bid proposal and by the signing and submission of their bid, shall
serve as proof of receipt of this addendum.
NAME OF FIRM
SIGNATURE:
t, i,St.; DATE:
Addendum No. 3
4- \n4
3
Caribbean Marketplace R:novatlon ITS No.: 11-12-011
I / J
ADDENDUM NO. 4
March 29, 2012
INVITATION TO BID NO.: 11=12-0 11
CARIBBEAN MARKETPLACE RENOVATION
PROJECT NO. B-30671
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications and/or deletions amend the above -captioned Invitation
to Bid and shall become an integral part of the Bids submitted and the Contract to be executed for Caribbean
Marketplace Renovation — Invitation to Bid No.: 11-12-011 (the "Project"). Please note the contents herein and
affix same to the documents you have on hand.
All attachments (if any) are available on the CIP website and are part of this Addendum.
A. REVISED BIDS DUE DATE: The Bids Due Date for this ITB NO.: 11-12-011 has been changed to:
FRIDAY, APRIL 6, 2012 @ 2:00 P.M.
THIS ADDENDUM IS AN ESSENTIAL PORTION OF T c CO .TRACT /DOCUMENT AND SHALL BE
MADE A PART THEREOF. /
Jeovann /t�� riguez, P Assistant Director
Capital.I pr vements •gram
This addendum should be signed and dated by Bidder and submitted as proof of
receipt with the submission of bids. The Bidder by identifying the addendum
number in their bid proposal and by the signing and submission of their bid, shall
serve as proof of receipt of this addendum,
NAME OF FIRM: X,;\
SIGNATURE: !1
Cr3t, DATE:
Addendum No. 4
Caribbean Marketplace Renovation
lTB No.: 11-12-011
ADDENDUM NO. 5
April 4, 2012
INVITATION TO BID NO.: 11-12.O11
CARIBBEAN MARKETPLACE RENOVATION
PROJECT NO. : B-30671
TO: ALL PROSPECTIVE BIDDERS:
• The following changes, additions, clarifications and/or deletions amend the above -captioned Invitation
to Bid and shall become an integral part of the Bids submitted and the Contract to be executed for Caribbean
Marketplace Renovation — Invitation to Bid No.: 11-12-011 (the "Project"). Please note the contents herein and
affix same to the documents you have on hand.
All attachments (if any) are available on the GIP website and are part of this Addendum.
A. Additional Information:
1. Required -:Mold Remediation: The 'folibv✓ing'MOW ReMediation specification supersedes the
Mold Remediation specification provided in Addendum No. 2, and is hereby incorporated
into the Project Plans.
Contractor shall perform mold remediation. Visible microbial growth occurs on -
the underside of the gypsum roof deck (north portion .of the building) and the
water damaged interior stucco wall (south wall) as indicated on the attached
marked up plan. These surfaces shall be wiped with anti -fungal agent and
cleaned and dried and then sealed with Foster anti -microbial sealer paint. These .
remediations and applications shall be performed by a subcontractor that has a
Florida Mold Remediation license. Products shall be applied in accordance with
manufacturer's .printed -instructions and -recommendations: The Contractor- shall
advise the City, at the earliest convenience, that the specified clean-up has been
completed and .testing can be performed. The City will perform the mold testing.
Acceptable anti -fungal wiped agent: Fosters 40/80, disinfectant cleaner to wipe
down the mold (see attached MSDS) •
Acceptable anti -microbial sealer paint: Fosters 40/20, a paint coat to prevent
future growth (see attached MSDS)
SEE ALSO:
Roof Repair plan sheet A-2 marked to show known mold locations
(attached)
Addendum No. 5
Caribbean Marketplace Renovation
ITB No.: 11-12-011
THIS ADDENDUMIS AN ESSENTIAL PORTION OF/ E C 11 RACT DOCUMENT AND SHALL BE
MADE A PART THEREOF.. I1
Jeove n �'^o�r gue, P.E , Assistant Director
Capitalprogram
This addendum should be signed and dated by Bidder and submitted as proof of
receipt with the submission of bids. The Bidder by identifying the addendum
number in their bid proposal and by the signing and submission of their bid, shall
serve as proof of receipt of this addendum.
NAME OF FIRM: 144 44.,41'7DATE: `//i
7--
SIGNATURE:
Addendum No. 5
2
Caribbean Marketplace Renovation
lTB No.: 11-12-011
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City of Miami
(pail,„ e.)
'''h7.irr. ,..4)
To Whom it May Concern
Subject; Reference Letter
Name of Bidder: 1N & J Construclion
Johnny Martinez. P,E.
City Manager
The. above referenced contractor is submitting on a bid solicitation that has been issued by the
City of Miami, 'We require that the Bidder provide written references with .their Bid submission
and by providing you with 'this document the Contractor is requesting that you provide the
following reference -information, We would appreciate you providing the information requested
below as well as any other information your feel is pertinent:
Name of Project:
Scope of work; Weston City Hall- 15,000 SF Building & Site Work
Value of project: $ 6,000,000 DateCompleted: (Detain!. 20.07
Percentage of physical construction work self -performed by Contractor:
Was project:completed on time & within budget: (l Yes ❑ No
If no, was. the contractor at fault or contribute to the delay(s).or Increased cost? ❑ Yes ❑ No
If yes, please provide details:
Comments:
Thank you for your assistance in helping us in evaluating our bid solicitation.
Name of individual am etl g-this form: John R. Flint
Signature: ( ��—
Telephone: 954-385.2000
Jeovanny Rodriguez, :P.E.,
Assistant Director
Title:
E-mail:
Date: 03/14/2012
Cil.yManager, City of Weston, F[.
l71intOwestoni1,org
Caribbean Marketplace Renovation - B-30671 . 21d No.: 11 12 011
City of Miami
To Whom it May Concern
Subject Reference Letter
Johnny Martinez. P.E.
City Manager
Name of Bidder: NI « c--r% zl ten
The above referenced contractor is •submitting on a hid solicitation that has been issued by the
City of Miami, We require that the Bidder provide written references with their Bid submission
and by providing you with this document the Contractor is requesting that you provide the
following reference information. We would appreciate you providing the information requested
below as well as any other information your feel is pertinent:
Name of Project;
Scope of work: 1\...let.1 1 k
Value of project: $ � �. } e c . cso Date Completed:
Percentage of physical construction work sell -performed by Contractor: • %
Was project completed on time & within budget: [R4 Yes D No
If no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes E. No
If .yes,. please. provide,detaiis:
Comments:
Pam`
Thank you for your assistance in helping us in evaluating our bid solicitation,
Name of individual completing this form: ¶ e J2(-' „;" i Date:
Signature:Title:-�, ��� t ni"'t �C .
Telephone: Dr=, �-- t s mk,"1' E-mail: l
Sincerely,
Jeovanny Rodriguez; P:E:
Assistant Director
93
Caribbean Marketplace Renovation • B-30671
_Bid No.: 11,12-01.1
k
Cite jltarni
Johnny Martinez, P.E.
City Manager
To Whom it May Concern
Subject: Reference Letter
Name of Bidder: _N&J Construction
The above referenced contractor is submitting on a bid solicitation that has been issued by the
City of Miami. VVe require that the Bidder provide written references with their bid submission
by providing you with this document the Contractor is requesting that you provide the following
reference information. We would appreciate you providing the information requested below as
well as any other information your feel is pertinent: •
Narne of Project: Robert King High Park Soccer Field and Restrooms
Scope of work: Remove and relocate trees, earthwork to build a soccer field including, irrigation
well, irrigation, sports lighting and bleachers for the soccer field. Bathroom building with
sanitary lift station, landscaping and asphalt paved parking lot,
Value of project: p688,457.O0 - Date Completed: 2-23-12
Percentage of physical construction work self -performed by Contractor: 33%
Was project completed on time and within budget: ® Yes ❑ No
no,,vvas theContractorat.fault. or:contribute.tc.the.:delay(s) or increased -cost? [] Yes , 0 No
If yes, please provide details:
Comments:
Contractor was knowledgeable and very well versed in the latest construction methods, He was
proactive in finding solution to construction problems as they occurred during the duration of the
project
Thank you for your assistance in helping us in evaluating our bid solicitation;
Name of indi[dual cgmpleting th' form: Nelson Cuadras Date: 3-14-12
Signature:
Title: Senior Construction Manager
Telephone: 05-416-'1254 E-mail: ncuadras@miamigov.com
Sincerely,
Jeovanny Rodriguez, P.E.
Assistant Director for Infrastructure
Caribbean Marketplace Renovation — B-3O671
Bid No.: 11-12-011
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" • • 'TelephOne/.7:?(.., • • E-mail:
.Sinceroly,
Jeovanny Rodriguez, .RE.,
AssLhf DirOCtor
Caribbean Marketplace Renovation F3-30671
93
Bid No.: 11-19-011
City of Miami
t'�ppu
To Whom It May Concern
Subject: Reference letter
Name of Bidder:
Johnny Martinez. P.1E.
City Manager
The above referenced contractor is submitting on a bid solicitation that has been issued by the
City of Miami. We require that the Bidder provide written references with their Bid submission
and try providing you; with this document. the Contractor is requesting that you provide the
following reference information. We Would appreciate you providing the information requested
below as .well as any other information your feel Is pertinent:
Name of Project:
• Scope of work: Jr y % j ��±j yI net
r f r�
/J % e j
J a gip}. t. •° L t �i 2�I�r r r-t.1 x
Value of project: ;i; if). z , 7. r=�. 6 r) Date Completed: +t/f Z,� i(()
Percentage of physical construction°work self parforrne by Contractor. ; 2: /o
0
Was project completed on tirne & within budget: Yes ❑ Na
if,ria, wes_,the contractor.at,fault,or contribute to the delay(e) orincreased-cost? O. Yes ❑ No
If yes, please provide detalts:
Comments:
!.Il? f �r��iJ /` �?;Y'r' r 6' i J/ 9Y
�i .Y/f y 7t jJi1 y I Jf aye f ' .? }� '' r
.40 ryi rt?F7 J •Z t1 +�.f' �'/' �f f �t• •-• l F-'/ .C_.. C t..1: ' �/LF.3 P 1'�� 7 t�
1"hank you fory.our assistance in helping us
Name of individual completing this form:
Signature:
Telephone:
__Sincerely,
JeQvanny Rodriguez, P.P..
Assistant Director
in evaluating our hid solicitation.
it y.� Er�ef,..Ljt,4 Jfrl Date: .�i
1 1 f ) ' ,
Title: _ 1 '' ••s' .-/, ,.4 r1 rO',. fp_
E-mail: LL
�Gdei.plt',2 ,r`.ie .rt ,.. s ti9fN' '
1
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-93........
Caribbean Marketplace Renovation - B-30671
End No,: 1'I-'12-1011
Project No. B- 30671
CITY O.F MIAMI
CAPITAL IMPROVEMENTS PROGRAM
SUBCONTRACTOR UTILIZATION
Project Title: Caribbean Marketplace Interior Renovation
Sheet No_ 1 of 5
This Form must be submitted with a Bidder's Bid submission. Failure to submit thls Exhibit with the Bid will result in the bid being rejected
as non -responsive_ Th'e City in its sole discretion allow the Bidder to submit the Exhibit after Bids are due.
Provide the following information for each subcontractor regardless of tier.*
Attach additional sheets if necessary.
i
Name of Business
Portion of
Work
Doliar
Amount
Percent
Address/City/State/tip
•
License Information**
Business
SBE
Certification*#**
CSBE
DBE
T se
Number
Allstate Insulators
iBatt Insulation
860'
0.09
1751 W 38th Place, Unit 106A
CC
17735
1 I
1 r I
f-1
1
1
Hialeah, FL 33012
[]
I 1
I I
I. I
11
I
Beach, FL 33059
1-1
-
-
0
II
II
II
11
I I
1 1
I
Active D rywall
Framing & Drywall
77,255
8.35
4444 SW 71stAvenue, Suite
CKC
056685
I I
I 1
I
110, Miami, FL 33155
I !
1 1
0
I 1
0
CI
El
I I
*All tiers must be shown, including multiple sub -tiers, if permitted by the Contract Documents.
*'List only those relevant to this Project.
*t* Ailust be certified by either Miami -Dade County, State of Florida, or the Federal Government
Form SU
Project NO. 9- 30671
CITY OE MIAMLMI
CAPITAL IMPROVEMENTS PROGRAM
SUBCONTRACTOR UTILIZATION
Project Title: Caribbean Marketplace Interior Renovation
Sheet No. 2 of 5
This Form !must be submitted with a Bidder's Bid submission. Failure to submit this Exhibit with the Bid will result in the bid being rejected
as non -responsive_ Th'e City in its sole discretion allow the Bidder to submit the Exhibit after Bids are due.
Provide the following information for each subcontractor regardless of tier.'
Attach additional sheets if necessary.
!Nameof :mousiness
Millennium
Portion of
®r;c
Ds�91 r
Aralottnt
Percent
Address/Ci ilState/zip
License Information**
Business
SBE
Certification****
CSBE
DBE
Type
Number
FlOaring
1 Wall Tile
13,900
2.04
4208 Adams Street,
Tile/Marble
00BS00215
I I
Contractors Inc_
Hollywood, FL 33021
I I
I I
I I
E
0
0
Bergolla lnc.
Acoustical Ceiling
1,400
0.15
8115 W 31stAvenue, Hialeah,
CGC
005013
I w I
kJ
I 1
FL 33018
1 1
1 1
II
11
11
Al All FloridajPainting
Painting a Floor
16,600
1.79
8511 SW 12thTerrace, Miami
Painting
06BS01336
I I
I r1
I I
Cpating
FL 33144
. 1 1
1 1
I I
I1
1!
Doyle Dickerson Terra77o
Terrazzo Flooring
13,900
1.50
6914 Orr Road. Charlotte, NC
F08000001-
1 1
I I
I I
1
28213
177
n
1 1
I I
C7
II
II
II
*All tiers must be shown, including multiple sub -tiers, if permitted by the Contract Documents.
List only those relevant to this Project.
*+' Must be certified byleither Miami -Dade County, State of Florida, or the Federal Government
Form SU
Project No. B- 30671
CITY of MIAMI
CAPITAL IMPROVEMENTS PROGRAM
SUBCONTRACTOR UTILIZATION
Project Title: Caribbeari%Marketplace Interior Renovation
Sheet No. 3 of 5
This Form 'must be submitted with a Bidder's Bid submission. Failure to submit this Exhibit with the Bid will result in the bid being rejected
es non -responsive. The City in its sole discretion allow the Bidder to submietheExhibit after Bids are due.
Provide the foilovving information for each subcontractor regardless of tier.*
Attach additional sheets if necessary.
I
Name of Business
Cardel
Portion of
Work
Dollar
Amount
Percent
Address/City/State/Zip
License Information*'Y
Business
SBE
Certification****
CSBE
DBE
Type
Number
Fire Protection Inc.
:Fire Sprinklers
18,900
2.04
1430 NW 108th Avenue, Suite
CC
731447000
101, Miami, FL33172
I (
I
GPE Engineering &
I
II
Fire Line
20,030
2.16
13117 NW 107th Avenue, Bay
CUC
057061
I v I
Iii
General Contractors
I
1, Hialeah Gardens, FL 33018
I 1
1 I
I I
a
n
I Li
Nabuc Plumbing
Plumbing
43,100
4.66
10371 SW 131stAvenue,
CFC.
1428325
Q
( v I
v
Miami, FL 33174
I I
1 1
I I
coltec Engine,ering Inc.
HVAC
90,600
9.79
12169 SW 1311st Avenue,
CMC
1249845
1
I I
Miami, FL 33186
I I
1 1
1 1
11
11
11
I!
11
II
"!All tiers must be shown, including multiple sub -tiers, if permitted by the Contract Documents.
*List only those relevant to this Project.
*1" Must be certified by; either Miami -Dade County, State of Florida, or the Federal Government
Form SU
Project No. B- 306711
CITYOF MIAMI
CAPITAL IMPROVEMENTS PROGRAM
SUBCONTRACTOR UTILIZATION
Project Title: Caribbean Marketplace Interior Renovation
This For must be submitted with a Bidder's Bid submission. Failure to submit this Exhibit with the Bid will result in the bid being rejected
as non -responsive. The City in its sole discretion allow the Bidder to submit the Exhibit after Bids are due.
Sheet No. 4 of 5
Provide the following information for each stubcontractor regardless of tier_*
Attach additional sheets if necessary.
Name ,of Business,
Portion of
Work
Marey Electric Inc. Electrical
Skylight Concepts Inc. Skylights
Dollar
Amount
Percent
Address/City/State/Zip
135,000
14.59
7842 W 30thCourt, Hialeah,
FL 33018
6,600
0.71
MCO Environmental Inc.
6741 W Suruise Blvd, Suite 26
Fort Lauderdale, FL 33313
Mold Rernediation
6,000
0.65
7275 NW 64(h Street, Miami,
FL 33166
Fernandez Cabinet, Inc.
Casework
20,600
2.20
2595 W 8th`Jtvenue, Hialeah
FL 33010
License Information**
Business
SBE
Certification=**
CSBE
Type
Number
EY
12000242
n
✓
DBE
I ✓ I
ER
13012419
( 1
II
11
II
CGG
1249845
[�
I
11
II
Mold Remidiator
MRSR596
I I
1 1
11
li
II
11
II
Special Building
9413500279
I 1
1 1
1
Contractor
( 1
(I
0
((
CI
(1
11
* All tiers must be shown, including multiple sub -tiers, if permitted by the Contract Documents.
**List only those relevant to this Project.
1*** Must be certified fy either Miami -Dade County, State of Florida, or the Federal Government
I i
Form SU
Project No. B- 3067.i1
CITY OF MIAMI
CAPITAL IMPROVEMENTS PROGRAM
SUBCONTRACTOR UTILIZATION
Project Title: Caribbean Marketplace Renovation
This Form must be submitted with a Bidder's Bid submission. Failure tolsubmit this Exhibit with the Bid will result in the bid being rejected
as non'responsive_ The City in its soie'discretion allow the Bidder to submit the Exhibit after Bids are due.
Sheet No. 5 of 5
Provide the following information for each subcontractor regardless of tier'
Name Of Business
Peach State Roofing
Attach additional sheets if necessary_
Door Systems of South
Florida
Portion of
Work
Built-up Roofina
I3oiiar
Amount
Percent Address/City/State/Zip
13,260
1.32
1805 20th'Street, East
Palmetto, ':FL 33710.
Grille, & Sectional
Doors
26,000
2.81
1300 NW 15th Avenue,
PompanoBeach, FL 33069
Superior>Vindow Corp. .
Windows
9,800
1.06
9875 NW 79th Avenue,
Peach Suite Roofing
Hialeah Gekdens, FL 33016
Sikacoat System
69,000
7.46
1805 20thStreet, East
Palmetto, FL 33710
License Information**
Business
SBE
Certification****
CSBE
DBE
Type
Number
CCC
045926
[]
U
U
0
u
I1
I1
( I
( 1
I 1
CC
0713S01295
1 1
1 1 1
I I
I I
El
1[
1I
0
0
CGG
131149636
Q
Q
11
I1
Q
0
I1
11
Li
CCC
045926
( 1
1 I
Q
1 i
i iai
0
Li
I I
1 -I
u
* All tiers must be shown, including multiple sub -tiers, if permitted by the :Contract Documents.
"List ortly those relevant to this Project.
Must be certified by either Miarni-Dade County, State of Florida, or the Federal Government
Form SU
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!Burrimews9wei,I ON
4990 SW 72 AVE
33155 UNIN DADE COUNTY
THIS
FIRST-CLASS
U.S. POSTAGE
PAID
MIAMI, FL
PERMIT NO. 231
IS NOT A BILL - DOiNOT PAY RENEWAL
! 550914-7
sftATEIPTIEV2.0 464
104 ,
°"IgEPREZ GLIRRI CORPORATION
I sac • • rf rl
1 /He GREVE BUILDING CONTRACTOR
HIS IS ONLY A LOCAL
051/11122 TAX RECEIPT. IT
OES NO7 PERSITT THE
OLDER TO VIOLATE ANY
MISTING REGULATORY OR
°RING LAWS OF 111E
MINTY on CITIES. NOR
OES •IT EXEMPT THE
OLDER FROM ANY OTHER
ERMIT OR LICENSE
ELII/IRED By LAW. TIES IS
01. A CEIMPICATION OF
IIIEHOLDERE LluALIFICA-
ORS.
RYMENT RECEIVED
IAIYI-OA DE COUNTY TAX
al:LECTOR:
-0-7-A28/-2-011
60020000580
000075.00,
SEE OTI•lEfl SIDE
•
MORKER/S.
1
DO NOT FORWAFI. D
N J CONSTRUCTION
JOHN PEREZ GURRI PREs
4990 SW 72 AVE 104
MIAMI FL 33155
JI 1)1)1)1111111IIIII1111;11111)1 I1 111 II b)1111
Experience
N 2 Construction
John Perez Gurri
Construction Experience: 20 yrs
Owner / President
2004- Present, Perez- Gurrl Corp d.b.a N & J .Construction
Responsible. for all corporate operations, including estimating, contract
administration/negotiations and corporate financial management.
Produce and maintain corporate marketing strategies. Oversee field
operations. Produce requisition and schedules of values for updates to
job cost reports,
Chief Estimator
2000-2004, fttl.C.M Corp.,
v Responsible for management and supervision of the production of all bids
and budgets. Contract negotiations and scope confirmation of all
subcontractors used in securing bids in excess of $ 150 Million Dollars.
Owner / President
1991-2000 N & J Construction Corp,
a Responsible for all corporate operations, including estimating, contract
administration/ negotiations and corporate financial management
Produce and maintain corporate marketing strategies. Oversee field
operations. Produce requisitions and schedules of values for updates to
job cost reports, Responsible for management and supervision of the
production of all contracts administration documents including request for
Information shop drawings log;• change order- requests, coorrdinatron'arid
correspondence to afci-iitects and engineers, owners and subcontractors.
Identifying problems and potential problems with plan specifications and
subcontractors.
Owner/ Vice President
1984-1991 Garcia- Ross Construction Company
n Responsible for all corporate operations, including estimating, contract
administration/negotiations and corporate financial management,
Produce and maintain corporate marketing strategies. Oversee field
operations. Produce requisitions and schedules of values for updates to
job cost reports. Responsible for management and supervision of .the.
production -of all contracts administration documents including request for
information; shop drawings .log; change order request, coordination and
correspondence to architects and engineers, owners and subcontractors.
Identifying problems and potential problems with plan specifications and
subcontractors.
Civil Engineer
1979-1934 Florida Power Light Company
Responsible for all civil engineering related_to.-the design/ -construction -of —
distribution and transmission stations. Design and supervision of storm
drainage systems. Designs steel lattice tower under hurricane wind loads.
Design/ analysis of existing and new steel sub -station structures.
Civil Engineer
1077'070Ray & Associates, |nr.
^ Responsible for field supervision and inspections Of water & sewer line
construction ioensure contract oomp/ianna.Prspaneflonufwater &sewer
oontnsutplans and budgets for new developments
EduCcilion University ofK8iami,1977
B8inCivil Engineering
Licenses State Certified General Contractor Uo#CQCO1O4O4
Professional Engineer Lic-t 32658 (inactive)
John Perez Guni
4-444 SW71 Avenue Miami, n3,3155-�268.1086Fax- HJCOrp@ Sellsoumoe/
PROJECT REFERENCES
,AINSTRUM1051
Submitted by: N&J CONSTqUCTION
4990 SW 72 Ave Suite '104
•
Miami, FL 33155
786-268-1285
NU CONSTRUCTION
Port of Miami Terminal D Parking Garage
Project No. 2006 019R
Port of -Miami Terminal D Garage
1400 N. Cruise Blvd
Miami, FL 33132
Owner information:
iViiami-Dade County Port of Miami
juan.Bergouignan, Project Manager
Phone: 305-905-3925
Print #91029012
Daley
Lanan; 25.7725 -80.1E38
Auria) Phaorimplty, Inn. D54.5613.0484
1015 N.America Way
Miami, Fl 33132
1\1 & J Construction has recently completed a 4 story parking garage at the Port of Miami to serve
Terminal D. The garage is a precast system on auger cast piles measuring approximately 240,000
sf, the garage has a capacity of 738 spaces and a surface lot capacity of .135 spaces. The_clrainage — •
system. JJ.filizes_two.injection wells, The total project value is $10,437,000 with duration of 11 months.
ITJ CONSTRUCTION
Owner Information:
City of Miami Gardens
Jimmie Allen, Project Manager
Phone:-305-622-8000
- _ iaml°Gardarls. Commun%iy Center
Miami Gardens Community Center
3000 NW 199 St
Miami Gardens, FL
4:
•
Printr#1,00,127o43,, -
Date '01%27/1'0
Let/Lon: 25.85404-80.2522
Acnnl Phnlogmphy, inn. C5.1-666-04a4
1515 NW 167 St
Miami _Qard.ens, .i l 33169
N & J Construction has also recently completed the Miami Gardens Community Center. This
facility is 52,000 sf on 22 acres. The project value is $14,500,000.
The Community Center has a professional basketball court layout inside of the Gymnasium
including fully automated digital and retractable scoreboards. The Center also houses a
complete fitness
p center, 150 seat auditorium and aspacio.us_dance-studio along with
classroomsfor technology and art & crafts classes.
The center of the building will have locker rooms and support services for the swimming pool,
spa and water slide.
The exterior is as impressive as the interior spaces. There will be a rubber surface track
surrounding a football field utilizing artificial turf just like the pros.
11C ;T CONS111UJC iWJ
Owner information:
City of Weston City Manager John Flint
954-385-2000
Calvin Giordano & Associates
Sabrina Baglieri, Project Manager
Phone: 954-921-7781
Weston City Hell
Weston City Hall
17200 Royal Palm Boulevard
Weston, F 133331
Print-1, 71121037
•ter
Date:11/21 /07
eclat PaatvgraPhy,. 4)4. 95a-5B8-9484
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
N SL-J-Construction ser
ved as the General Contractor for the state of the art, new Weston City Hall.
The project site. consisted of 3'/2 acres located at 17200 Royal Palm Boulevard. This one-story,
14,000 square foot building includes offices, meeting rooms and a Commission Chamber with
auditorium seating for 156 people. The exterior of the building is predominantly stone while the
interior finish is a mix of stone and wood. The project also includes a fully integrated generator
system, parking, landscape, entry spaces, drainage, and paving. Lobby boasts 22 feet high ceilings
with wood covered columns, fiber optically lit, glass entry feature at the commissions' chambers.
Jerusalem Stone veneer with granite accent_bands_with--great=attention-to-workmanship make the
--building—exterior visually pleasing. Our outstanding workmanship is evident throughout in the mix of
high end finishes that include wood floors, glass and marble. The Commission Chamber walls are
acoustically treated with wood sound absorption panels. The City Hall was also built to serve as an
EGO center in case of emergency. Project value $5,500,000
�i �•�'�y.: ��z
NV CONSTRUCTION
Prototype Library at Kendele Lakes
Kendale Lake Library
15208 W 88 Street
illiaarii, FI
Owner Information:
Miami Dade County GSA
Robert Stebbins, Project Manager Supervisor
Phone: '785-469-2060 2-2.6v
It
Print# 80710200
Date; 07/10/08
Aerial Rhulgpraphy, lne.954-568-D484
172 VV. Flagler Street
3rd Fir
Miami, Florida 33'130
ConstructiOn completed the construction of The Kendal Lakes Branch, the third of 10 libraries
to be built as part of the .Library System's Capital Construction Plan. The 15,000 square -foot facility,
built on a t:vvo-acre parcel, is designed to house a collection of 30,000 books and materials and will
has access to the Internet through a state-of-the-art Wi-Fi environment. T-he design includes
-specialty;-high-end finishes such as: Epoxy terrazzo floors, Jerusalem Stone facing, aluminum vertical
panels, and clear story windows. Systems include: FM 200 agent extinguishing system, decor
adhered and thermoplastic and membrane roofing. Project Value $ 5,532,000
•
NJ CONSITIUCTION
Philippe Harari
305-672-3232
Six on the Green
Six on the Green
2055 Meridian Ave
Miami Beach, FL
Owner information:
Aqua Blue Realty
Printt 130728445
Date: 07/2E1/08
Amial Phologrohy, inc.954-588.0484
Six on the Green consists of six spacious two bedroom two bath luxury units. Each
washer / dryers, Jacuzzi tubs in each -master bath and wood floors throughout. The
floor to ceiling impact glass windows, while there is a full balcony off the master suit
unit has interior
living space has
e.
The roof is accessed via a stainless steel elevator and serves as the pool deck with great views of the
La Gorce golf course across the street. Project Value .$ 2,30-1,000
Courthouse Center interior Renovations
175 NW -tat Ave
Miami Florida
1Viiami7Dade County GSA
Bonnie Hargett, Building Manager
Phone: 305,349.5500
1'75 NW 1st Ave
Miami, FL 33128
N J Construction completed the Courthouse Center Interior Renovations consisting of 38,000 S.F.
within four (4) floors of an operational Courthouse. Project scheduling, coordination and execution
required phasing the demolition during night hours and the build -out of three (3) courtrooms and
supporting judge's chambers per floor. Our expertise and the quality of our workforce_ were_. invaluable-___.
in this secured site.
The extensive courtroom furnishings were constructed from solid mahogany. The judge's benches,
clerk station and witness stations were internally Tined with Kevlar bullet proofing .material. The .....
support areas of the Chambers were card -access controlled and video rionitored by each judge's
--staff and" -also linked to the police sub -station located in the building lobby. Each of the judge's staff
desks as well as each courtroom was equipped with duress buttons also linked to the police sub-
station. Project Value $ 3,786,000
4990 SW 72ND AVE, SUITE 104 I MIAMI, FL 33155
TEL 786.268.1285 FAX 786.268.1086
www. n-jconstruction, com
LITIGATION FILED BY OR AGAINST PEREZ-GURRI CORPORATION
dba N&J CONSTRUCTION WITHIN THE PAST FIVE (5) YEARS.
1) N&J v. Miami Dade County - Port of Miami Parking Garage Project: This lawsuit was brought by N&J
against Miami Dade. County. This contract dispute centered upon the reimbursability of certain costs on the
project. This lawsuit was settled and is no longer pending.
2) N&J v. Miami Dade County - Crandon Adventures Office Renovations Project: This lawsuit was brought
by N&J against Miami Dade County. This contract dispute centered upon County's failure to provide adequate
construction documents and its failure to properly administer the project. 'This lawsuit was settled and is no
onaer• ending: �:.. �.. ,,2rs �7�;
;p ,
+4- ii`..f.'j4s,L ,s �l-'r� i,
tt kr �:]u1L Ny,.•Y.. q_;iry
� zam1iGarde-Island Hammond & Associates - The Carol City Community Center
is 11agsalr ii` t byfit&J against The City of Miami Gardens and its Engineer, Hammond &
s °a fi si The oniraaty�clfp 'etilh the CitAtnters upon the City's:active interference with Najd's
,,� 7µ eSSrfo ce` of the con ac T �e�°ne` aence ela against Hammond & Associates centers upon anmon'•
associates .preparation of a des gn that was littered with errors and omissions. This lawsuit was settled and
010 ge (penomgut ,;.��-S > k.
-7 e Village o TeyBrsc , e and A.C. Shultes of Florida; Inc, d/b/a Jafrer Will Drilling -
abihtat on of Drama W 71s 'AI xoject: This lawsuit brought by N&7 against The Village of Key
lid 4�S
iscayne and A.C. Slzultespllorida, Inc The claims asserted by N&J centered upon conflicts of interest
$6• the bid procesgg`� 'lais lawsuit was settled and is no lonaer pendina.
%-„ L `f'Y�i1S S �fi
Y ,}•
arV ywidag SystemsInternational I1 A Ine. Port of Miami Parl<mg Garage Project: This lawsuit
rough by Dywidag Sy ems Internationa:�TJSA, Inc against N&J. This contract dispute centers upon
spurported breach ofa sii contractor agreement. This lawsuit is currently pending in Miami Dade
County Court.
eitp of Abanti
May 2, 2012
Via Electronic mail and US mail:
ibO a.nandjconstruction.com
John Perez-Gurri, President
N&J Construction
4990 S:W. 72"d Avenue
Suite 104
Miami, Florida 33155
JOHNNY MARTINEZ, P.E.,
City Manager
Re: Invitation -To -Bid No. 11-12-011 — Caribbean Marketplace Renovation
Project No. B-30671
Dear Mr. Perez-Gurri:
Perez-Gurri Corporation d/b/a N&J Construction ("N&J") has been deemed the lowest bidder for the
Caribbean Marketplace Renovation Project. However, as you may know, whenever possible, the City of
Miami makes an effort to benefit local, bona fide bidders in order to promote economic development
within the City's corporate limits. To that end, the City's Local Preference ordinance, Section 18-85(a) of
the City of Miami Code, as amended, provides that:
"when a responsive, responsible non -local bidder submits the lowest
bid price, and the bid submitted by one or more responsive,
responsible local bidders who maintain a local office, as defined in
City Code Section 18-73, is within fifteen percent (15%) of the price
submitted--by-.the--non-local---bidder,. then-.-that---non-local __bidder._and.
each of the aforementioned responsive, responsible local bidders
shall have .opportunity- o submit a best aril final' bid equal .to or
lower than the amount of the low bid previously submitted by the
non -local bidder. Contract award shall be made to the lowest
responsive, responsible bidder submitting the lowest best and final
bid. In the case of a tie in the best and final bid between a local bidder
and a .non -local bidder, contract award shall be made to the local
bidder,"
The City's staff has determined that N&J's bid is responsive to ITS No.: 11-12-011, N&J is a responsible,
non -local bidder, and a responsive bid within fifteen percent (15%) of N&J's bid was also submitted by
one or more responsible bidders who maintain a local office, as defined in City Code Section 18-73.
CAPITAL IMPROVEMENTS PROGRAM
444 SW el Avenue, 8"' Floor / Miami, FL 33130 / (305) 416-12801 Fax: (306) 416-2153
Therefore, in accordance with Section 18-85(a) of the City of Miami Code, as amended, N&J and all
other responsible local bidders who submitted responsive bids within fifteen percent (15%) of N&J's bid
are hereby granted the opportunity to submit their best and final bid equal to or lower than the amount
of N&J's original,bid.
BEST AND FINAL SUBMISSION DEADLINE: Please use the attached bid form to submit N&J's
best and final bid for the Project on or before 2:00 P.M., Wednesday, .May"9, 2012 to the City of
Miami, City Clerk's office located at City Hall, First Floor, 3500 Pan American Drive, Miami, Fla.
33133, enclosed in a sealed envelope, legibly marked on the outside:
BID NO.:
BIDS FOR:
11.12-011
CARIBBEAN MARKETPLACE RENOVATION — B-30671
Bidders must submit two originals. Failure to submit two originals may result in the rejection of
the Bid as non -responsive
If you have any questions, please do not hesitate to contact me at arolle@miamigov.com.
Very truly yours,
Ant cony olle, Pr ject Manager
AARl.-'..
cc: File Copy
CAPITAL IMPROVEMENTS PROGRAM
444 SW 2nd Avenue. 8Ih Floor / Miami, FL 33130 / (305) 416-1280 / Fax: (305) 416-2153
ORIGINAL
Section 4 — BID FORMS
Submitted: g 9 / 2.
City of Miami, Florida
Office of the City Clerk
City Hall, 1£' Floor
3500 Pan American Drive
Miami, Florida 33133-5504
The undersigned, as Bidder, hereby declares that the only persons interested in this Bid as
principal are named herein and that no person other than herein mentioned has any interest in this
bid or in the Contract to be entered into; that this Bid is made without connection with any other
person, firm, or parties making a Bid; and that It is, in all respects, made fairly and in good faith
without collusion orfraud.
The Bidder further declares that it has examined the site of the Work and informed itself fully of all
conditions pertaining to the place where fhe Work is to be done; that it has examined the Contract
Documents and all addenda thereto furnished before the opening of the bids, as acknowledged
below; and that tt has satisfied itself about the Work to be performed; and that it has submitted the
required Bid Guaranty; and all other required information with the Bid; and that this Bid is submitted
voluntarily and willingly.
The Bidder agrees, if this Bid Is accepted, to contract with the City, a political subdivision of the
State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all
necessary: materiels, .equipment, machinery,_.tools,._ apparatus,.. means.,.oftransportation, and...all
labor necessary to oonstrtict and complete within the time limits specified the Work covered by the
Contract Documents for the Project(s) entitled:
Bid No: 11-12-011
Title: CARIBBEAN MARKETPLACE RENOVATION —
B-30671
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative
form of security, if permitted by the City, each for not less than the total Bid price plus alternates, if
any, and to furnish the required Certificate(s) of Insurance.
The-undersignedfurther.. agrees _that the Bid guarantyaccompanying ..the Bid_ shall. be .forfeited.. if
Bidder falls to execute said Contract, or fails to furnish the required Performance Bond and
Payment Bond orfails to furnish the required Certificate(s) of insurance within fifteen (15) calendar
days after being notified of the award of the Contract,
In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be
corrected by the City. In the event of a discrepancy between the price Bid in figures and the price
Bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the Bid is
to be multiplied by the stated quantity requirements in order -to arrive at the total.
76
Caribbean Marketplace -Renovation - B-3067-1-
Bid -No.: -1-1-12-D11 ---
Bin FORM (Page 2 of 8)
Note: Bidders are bidding .on a total lump sum basis for the purpose of determining the lowest responsive
and responsible bidder. Where there is a discrepancy between the numerical and written Bid Amount, the
written Bid Amount will prevail,
City Form SU must be submitted with vour bid. The SU Form can be found posted on the
webpage with the bid documents,
Total Lump Sum Bid Amount includes the total cost for the Work specified in this solicitation, consisting of
furnishing all materials, labor, equipment, permits, supervision, mobilization, overhead & profit required in
accordance with the Bid Specifications.
Item 1: BASE BID AMOUNT:
$ -1 <GtDD.
item 2: ALLOWANCE FOR PERMIT FEES: $ 25,000
Item 3: ALTERNATE ADDITIVE — ROOF REPAIR:
Note: Alternate Additive — Roof Repair shall
Include: Roof Coating and Metal Roof Deck Repair,
Structural Repairs to Roof and Trusses, Seven New
Skylights including associated Roofing and Gypsum
Deck Repair and Mold Rernediation.
1�2�1 `lam ao
TOTAL LUMP SUM BID AMOUNT c
(Item 1 + Item 2 + Item 3): $ NIV. GOO.
Written Total Lump Sum Bid Amount
77
Caribbean Marketplace Renovation - B-30671
Bid No.: '11-12.011
BID FORM (Page 3 of 8)
DIRECTIONS; COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS 111 AND
IV (If applicable)
Part I: Listed below are the dates of issue for each Addendum received in connection with this
Bid:
Addendum No, 1, Dated
Addendum No. 2, Dated
Addendum No. 3, Dated
Addendum No. 4, Dated
Part II: No addendum was received in connection with this Bid.
Part III; Certifications
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and
shall comply with all the stated requirements.
1. Affirmative Action Plan
Successful bidder(s) shall establish an Affirmative Action Plan or an Affirmative Action Policy
pursuant to Ordinance #10062 as amended. Effective date of implementation must be
indicated on the policy: and
2. First Source Hiring,
Bidder certifies that it has read and understood the provisions of City of Miami Ordinance
Section 18-110, pertaining to the implementation of a uFirst Source Hiring Agreement".
Evaluation of bidder's responsiveness to Ordinance Section 18-110 may be a consideration in
the award of a contract.
3. Non -Collusion
Bidder certifies that the only persons interested in this Bid are named herein; that no other
person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is
made without connection or arrangement with any other person; and
4. -Drug -Free-Workplace
The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the Bidder's
workplace, and specifying the actions that will be taken against employees for violations of
such.prohibition;
(2) Establishing e continuing drug -free awareness program to inform its employees about:
(i) The dangers Of drug a us,e in the workplace;
(ii) The Bidder's polic_y_of maintaining a drug-fre_e v�orkplace._.—
(iii) Any available drug counseling, rehabilitation, and employee assistance programs;
and
(iv) .The penalties that may .be imposed upon . employ_ees for drug abuse violations
occurring in the workplace;
78
BID FORM (Page 4 of 8)
(3) Giving all employees engaged in performance of the Contract a copy of the statement
required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a
condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug
• statute for a violation occurring in the workplace no later than five (5) calendar days
after such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such
conviction. The notice shall include the position tide of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of .a
conviction, taking one of the following actions with respect to an employee who is convicted
of a drug abuse violation occurring in the workplace:
(I) Taking appropriate personnel action against such employee, up to and Including
termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local
health, law enforcement, or other appropriate agency; and
(7) Making a good faith effort to. maintain a drug -free workplace program through
implementation of subparagraphs(1) through (6); and
5, Lobbying
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee.
of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Forrn-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) This _undersigned shall require _that .the language of this certification be included in the
award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and
__..c.ontracts.a-inder_.grants,_loans,. and.cooperrative-agreements)-and that all suh-recipients-shall------------•
—
certify and disclose accordingly,
79
BID FARM (Page 5 of 8)
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into, Submission' of this certification is a pre -requisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code,
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure; and
Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it
applies to covered contract/grant transactions over $100,000 (per QMB).
6. Debarment, Suspension and Other Responsibility Matters
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, and declared
ineligible or voluntarily excluded from covered transactions by any Federal department
or agency.
(b) Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or falsification or destruction of records, making false statements, or
receiving stolen property;
Are not presently indicted for or otherwise criminally or civilly charged by a government
entity, (Federal,.... State,.... or, local).. withcommission; of any of the., offenses ,enumerated in
paragraph 6.b of this certification; and
(d) Have.not within a three-year period preceding thls application/proposal had one or more
public transactions (Federal, State, or local) terminated for cause or default.
Where the prospective Bidder is unable to certify to any of the statements in this certification, such
Bidder shall submit an explanation to the City of Miami.
(c)
Part IV; Certification — Trench Safety Act
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the Trench Safety
Act, and will comply with all applicable trench safety standards, Such assurance shall be legally
binding on all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards,
Bidder acknowledges that included in the various items of the proposal and in the total Bid price
are costs for complying with the Florida Trench Safety Act, These items are a breakout of the
respective items involving trenching and will not be paid separately. They are not to be confused
-with-bid-items-in-the schedule•-of-prices;-nor-beconsidered-additional-Work.
80
BID FORM (Page 6 of &)
The Bidder further identifies the costs and methods summarized below:
Quantity Unit
Description Unit Price Price Extended Method
Total $ KhD
Attached is a Bid Bond [ ], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [
], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified
Check [ ] No, Bank of for
the sum of Dollars ($ ).
The Bidder shall acknowledge this Bid and cer`ufies to the above stated in Part III and IV by signing
and completing the spaces provided below,
Firm's Name; ,L�, G c
Signature:
Printed Name/Title: �6640 42?urc
City/State/Zip: � l/�i71T / 3 /
Telephone No.: /2 e s-
Facsimile No,: 71a6,2-(obr,/c E-Mail Address: JA ±'•kkr:O-Jt%rr\Sj 4- 4'?a'7
Social Security
No. or Federal
I.D. No,: 20/7 0 -
Dun and Bradstreet No.: % _ &o3 f2a9
(If applicable)
If a partnership, names and addresses of partners:
81
BID FORM (Page 7 of 8)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
tl�c�'a✓Zt �• �Svr�\'S �ty`�� • , a corporation organized and existing under the laws of
the State of - :ttsA , held on the day of eC ) _*,azesolution was duly passed
and adopted authorizing (Name) Jay �2-(� as (Title) "rr�l S4,?:�a.of the
corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested
by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that
said resolution remains in full force and effect.
// (;'�
IN WITNESS Wi EJkED ,, i have hereunto set my hand this C� , day of A'1, , 20 L
i I ---
Secretary;l Jai" /i I z
Print:
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
1 HEREBY CERTIFY that at a meeting of the Board of Directors of
, a partnership organized and existing under the laws of
the State of held on the day of , a resolution was duly passed and
adopted authorizing (Name) as (Title) of the to execute
bids on behalf of the partnership and provides that his/her execution thereof, attested by a partner, shall be
the official act and deed of the partnership.
I further certify that said partnership agreement remains in full force and effect
IN:.WITI1ESS'WHEREOF, I have hereunto set lily harid`ih'ts , day'of
Partner:
Print:
CERTIFICATE OF AUTHORITY
(1F JOINT VENTURE)
Joint ventures must submit a joint venture agreement Indicating that the person signing thls Bld is authorized
to sign Bid documents on behalf of the joint venture, it there is no Joint venture agreement each member of
the _joint_venture_must_sign.the_Bidand submit -the -appropriate -Certificate -of -Authority (corporate, partnership
or individual).
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, 1 (Name) , individually and doing
business as (d/b/a) (If Applicable) have executed and am
bound by the terms of the Bid to which this attestation Is attached.
Signed:
Print;
IN WITNESS WHEREOF, I have hereunto set my hand this ,. day of , 20
82
- ---Carlbbean-Marketplace Renovation-=-B-20671
Bid No.: 11-42-011
BM FORM (Page 8 of 8)
NOTARIZATION
STATE OF F 'C? �= )
SS;
COUNTY OF C/r tC r� jnliac)}
The foregoing instrument was acknowledged before me this day of /41
20 /2 , by lief e(7 G' d"-F? - who is personally known to me or who has produced
p v
!' •r-(`"..�6,--5- *,- -has identification and who (dld / did not) take an oath.
iry-NATURE OF NOfi
STATE OF FLORIDA
PR
NA
ARY PUBLIC
'GAISTINA"LL'AC'A '
Notary Pufailo • State of Florida
91M111• Wian , z Tb
ARl£ saj # EE 137681
t4uin • -Bonded inraugliational Notary Assn,
83
Caribbean -Marketplace- Renovation -d3 30671
-B)d iqo♦: 1-12-D11
Cttp of g1cartrt
May 2, 2012
Via Electronic mail and US mail:
jpq(a7nandjconstruction.com
John Perez-Gurri, President
N&J Construction
4990 S.W. 72"d Avenue
Suite 104
Miami, Florida 33155
JOHNNY MARTINEZ, P,E,,
City Manager
Re: Invitation -To -Bid No. 11-12-011- Caribbean Marketplace Renovation
Project No. B-30671
Dear Mr. Perez-Gurri:
Perez-Gurri Corporation d/b/a N&J Construction ("N&J") has been deemed the lowest bidder for the
Caribbean Marketplace Renovation Project. However, as you may know, whenever possible, the City of
Miami makes an effort to benefit local, bona fide bidders in order to promote economic development
within the City's corporate limits. To that end, the City's Local Preference ordinance, Section 18-85(a) of
the City of Miami Code, as amended, provides that:
"when a responsive, responsible non -local bidder submits the lowest
bid price, and the bid submitted by one or more responsive,
responsible local bidders who maintain a local office, as defined in -
Clty Code Section 18-73, is within fifteen percent (15%) of the price
submitted by the non -local bidder, then that non -local bidder and
each.. of the aforementioned responsive, responsible local -bidders
shall have the opportunity to submit a best and final bid equal to or
lower than the amount of the low bid previously submitted by the
non -local bidder. Contract award shall be made to the Lowest
responsive, responsible bidder submitting the lowest best and final
bid. In the case of a tie in the best and final bid between a local bidder
and a non -local bidder, contract award shall be made to the local
bidder,"
The City's staff has determined that N&J's_bicLisies.p.onslveJoJTS_N.o..:..t.1-12, 1.1„N&J_is-a-responsible,----
non-local bidder, and a responsive bid within fifteen percent (15%) of N&J's bid was also submitted by
one or more responsible bidders who maintain a local office, as defined in City Code Section 18-73.
CAPITAL IMPROVEMENTS PROGRAM
A.AA C-lA/ and At,lh / CI nO44n / f is / Ain dnon /C....• /oncl Ann na rn
Therefore, in accordance with Section 18-85(a) of the City of lvliarni Code, as amended, N&J and all
other responsible local bidders who submitted responsive bids within fifteen percent (15%) of N&J's bid
are hereby granted the opportunity to submit their best and final bid equal to or lower than the amount
of N&J's original bid.
BEST AND FINAL SUBMISSION DEADLINE: Please use the attached bid form to submit N&J's
best and finalbid for the Project on or before 2:00 P.M., Wednesday, May 9, 2012 to the City of
Miami, City Clerk's office located at City Hall, First Floor, 3500 Pan American Drive, Miami, Fla.
33133, enclosed in a sealed envelope, legibly marked on the outside:
BID NO,:
BIDS FOR:
11-12-011
CARIBBEAN MARKETPLACE RENOVATION — B-30671
Bidders must submit two originals, Failure to submit two originals may result in the rejection of
the Bid as non -responsive
If you have any questions, please do not hesitate to contact me at arolle@miEunigov.com.
Very truly, yours,
Anthony ,olle, Pr.ject Manager
AAR/„
cc: File Copy
CAPITAL IMPROVEMENTS PROGRAM _...
444 SW 2n° Avenue, Elh Floor / Miami, FL 33130 / (305) 410-1280 / Fax: (305) 416-2153
COOP of iftami
May 18, 2012
Via Electronic mail and US mail:
jpcic nandiconstruction.com
John Perez-Gurri, President
N&J Construction
4990 S.W, 72"dAvenue
Suite 104
Miami, Florida 33155
JOHNNY MARTINEZ, P.E.,
City Manager
Re: Invitation -To -Bid No. 11-12-011 — Caribbean Marketplace Renovation
Project No. B-30671
Dear Mr. Perez-Gurri:
Perez-Gurri Corporation d/b/a N&J Construction ("N&J") has been deemed the lowest responsive and
responsible bidder for the Caribbean Marketplace Renovation (the "Project"). However, because N & J's
Bid exceeds the amount of funding available for completion of the Project, and the City would rather
proceed with awarding and completing the Project without canceling the current solicitation and re -
advertising for new bids, the City hereby requests that N&J provide us with the schedule of values on
which its bid is based to allow us the opportunity of possibly adjusting and aligning the Project's scope
with the available funding.
Upon receipt, staff will review the requested schedule of values and determine which items, if any, may
be subject tv reduction, alteration or adjustment to provide Project cost savings, after which, we will
schedule a meeting to discuss these matters.
If you have any questions, or if you require any additional information, please contact me at
arolle@miamidov.com.
Ver truly
y
urs
nihoy-A` one,- -ro ect-lvlanager
AAR/a
cc: File Copy
-CAPITAL-IMPROVEMENTS PROGRAM
444 SW 2nd Avenue, 81D Floor / Miami, FL 33130 / (305) 416-1280 / Fax: (305) 416-2153
Subject:
Attachments:
FW: Caribbean Market Place Final Savings
PROPOSED SAVINGS FINAL.xls
From: JPG [mailto:jpg@nandjconstruction.com]
Sent: Monday, June 25, 2012 8:18 PM
To: Cuadras, Nelson
Subject: RE: Caribbean Market Place Final Svings
Item # 22 eliminated.
John Perez-Gurri
&CIAISTRUCTION
4990 SW 72 Ave Suite 104
Miami, FI 33155
786-268-1285 Tel
786-268-1086 Fax
-786 294,864,ORCeI
From: Cuadras, Nelson [mailto: ncuadras@miamigov.com]
Sent: Monday, June 25, 2012 3:14 PM
To: 'JPG'
Cc: Douge, Marcel, 'Don McLeod'
Subject: RE: Caribbean Market Place Final Svings
John,
We have one more change. Please revise and resubmit the list to eliminate item #22. .Sorry. This should be the last
change,
Thank you,
✓1/e/4ai2 L 4 diao
Senior Construction Manager
Cityof Miami - Capital Improvements Program
Miami Riverside Center
444 SW 2 Avenue - 8th Floor
Miami, Florida 33130
Ph: (305) 416-1254
Fax: (305) 416 2153 . _
Email: ncuadrasonmiamigov.com
Website: www.miamigov.com/oapitalproiects
i
From: JPG[mailto;jpg@nandjconstruction.com]
Sent: Monday, June.25, 2012 11:40 AM
To: Cuadras, Nelson
Subject: Caribbean Market Place Final Svings
See attachment
John Perez-Gurri
r
STRUCTION
4990 SW 72 Ave Suite 104
Miami, FI 33155
786-268-1285 Tel
786-268-1086 Fax
786-294-8640 Cel
No virus found in this message.
Checked by AVG - www.ave.com
Version: 2012.0.2178 / Virus Database: 2437/5092 - Release Date: 06/25/12
PROPOSED SAVINGS "CARIBBEAN MARKETPLACE RENOVATION" FINAL
SCOPE
BID AMOUNT
PROPOSED SCOPE CHANGE
COST DUE
TO
CHANGES
SAVINGS
1
Fire Line & BFP as indicated on
Sheet P-1
20 100
Connecting to existing Fire Line at Rear of
Building
8,320
-11,780
3
Architectural Woodwork
17,600
Eliminate Scope
1,056
-16,544
Rolling Grills By Best Rolling
Doors
7,290
Eliminate Scope
437
-6,853
6
Adjust existing OH Doors
1,600
Eliminate Scope
96 1
-1,504
7
Ceramic Wall Tile at Restrooms
18,000
Change Dal -Tile "Sunflower" Wall Tile
(3" x 6") # DH50 to (41/2" x 41/2") # DH50
at Plumbing Walls & Change Dal -Tile
White Wall Tile (3" x 6") # 0109 to
(41/2" x 41/2") # 0100
16,500
-1,500
8
Ceramic Tile Backsplash at
Beverage Service Counter
500
Eliminate Tile Backsplash and Paint
30
-470
9
Epoxy Terrazzo Flooring at
Restrooms
13,900
Eliminate Scope
0
-13,900
10
13
Porcelain Tile Flooring at
Restrooms
0
Ceramic Group # 1.- 2x2 Glazed
Dal -Tile Porcelain Floor Tile
(Nine Colors Available)
6,572
6,572
Plumbing- Water Closet, Urinal,
Lavatory, Faucets Sensor
Valves as specified
4,400
Change Water Closet: Sloan- Regal-111,;;
Urinal: Sloan Regal-186 & Faucets:
American Standard -metering faucet
1340.227
2,270
-2,130
14
Plumbing - Domestic water
piping under -ground &
above -ground as specified
2,288
Change Domestic Water piping under-
ground & above -ground to CPVC-80 & :
CPVC-40
930
-1,358
16
Wire Adjustable Shelving at
Beverage Storage Room 113
400
Eliminate Scope
24
-376
17
North & South Plenum Walking
Surface
8 800
Changed from 18 gauge sheet metal to .
1/2" Fire Retardant Plywood Sheathing ?
4,800
'
-4,000
19
LED Lights Type "L" at Copula
9,774
Delete (12) LED Lights Type "L" including'::
Labor & Material to Rough In.
586
-9,188
2,300
-60,731
25
Fire Sprinkler Subcontractor
Design Built Services
0
Cost for Fire Sprinkler Subcontractor to
provide Design Built Services
2,300
TOTAL SAVINGS:
Section 6- Contract Execution Form
This Contract #12-262 made this — day of in the year 2012 in the amount of
$831,869 by and between the City of Miami, Florida, hereinafter called the "City," and. N&J
CONSTRUCTION.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST PEREZ-GURRI CORPORATION d/b/a N&J ..
CONSTRUCTION, a Florida corporation
Signature Signature
Print Name, Title Print Name, Title of Authorized Officer or Official
ATTEST; (Corporate Seal)
CONTRACTOR Secretary
(Affirm CONTRACTOR Seal, if available)
ATTEST: City of Miami, a municipal corporation of the
State of Florida
Priscilla Thompson, City Clerk Johnny Martinez, P.E., City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Calvin Ellis, Director
-Risk-Management-Department --.
Julie 0, Bru, City Attorney
('.arihF�non fltla rL nfnlarc Pi.nrwatinn - R-30F71
97
Rid NI') 11-12.-D11
CORPORATE RESOLUTION
WHEREAS, Perez-Gurri d/b/a N&J Construction desires to enter into a contract
with the City of Miami for the purpose of performing the work described in the contract
to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has
considered the matter in accordance with the By -Laws of the corporation;
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS that the
(type title of officer)
, is hereby authorized
(type name of officer)
and instructed to enter into a contract, in the name and on behalf of this corporation,
with the City of Miami upon the terms contained in the proposed contract to which this
resolution is attached and to execute the corresponding performance bond.
DATED this day of , 20
Corporate Secretary
(Corporate Seal)
98