HomeMy WebLinkAboutExhibit 1CONTRACT
By and Between
CITY OF MIAMI
And
JVA Engineering Contractor, Inc.
This AGREEMENT (hereinafter "Agreement") , is made and entered into this day of
2012, but effective beginning ten (10) days after Notice to Proceed is issued by the
Department's Director, in accordance with the Contract Term set forth below in Article 7 (the
"Effective Date"), by and between the City of Miami, Florida, a municipal corporation of the State
of Florida, whose principal address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130
(the "City"), and JVA Engineering Contractor, Inc., whose principal address is 6600 NW 32nd
Avenue, Miami, FL 33147, (the "Contractor").
WITNESSETH:
WHEREAS, pursuant to Resolution No. , adopted by the Miami City Commission
on 2012, the City Commission accepted the competitive bid of JVA
Engineering Contractor, Inc. to provide for the installation and repair of the Storm Sewer
Systems, to the City (the "Work"), and authorized the City Manager to enter into an agreement
for the Work with the Contractor for a period of one (1) year, (365 calendar days), with up to four
(4) additional one (1) year options to renew the term. The City Commission further authorized
the City Manager to execute said options to renew subject to the availability of funding and
Contractor's performance.
NOW, THEREFORE, in consideration of the foregoing recitals (all of which are adopted
as an integral part of this Agreement), and the promises and covenants contained herein, and
other good and valuable consideration, the receipt of which are hereby acknowledged, the
parties hereto mutually agree as follows:
ARTICLE 1. SCOPE OF WORK: The Contractor shall furnish all labor, materials and
equipment and perform all the work in the manner and form provided by this Agreement and the
Contract Documents, attached hereto and made part hereof, for complete installation and
maintenance of storm sewer systems, for the Contract Term set forth in Article 7 below and for
the project entitled:
CITYWIDE STORM SEWER REPAIR CONTRACT, M-0083.
ARTICLE 2. THE CONTRACT SUM: The City shall pay to the Contractor, for the faithful
performance of the Contract, in lawful money of the United States, and subject to additions and
deductions and based on unit prices (where applicable), all as provided in the Proposal attached
hereto and other Contract Documents attached hereto as Exhibit "C", the annual sum of Nine
Hundred Ninety Five Thousand, Eight Hundred Fifty Five Dollars ($995,855.00).
The City Manager or his Designee, at their discretion, may exercise the four (4) additional one
(1) year options to renew and the funding shall be as follows:
The first option to renew in the annual amount of $995,855.00 during Fiscal Year 2014.
The second option to renew in the annual amount of $995,855.00 during Fiscal Year 2015.
The third option to renew in the annual amount of $995,855.00 during Fiscal Year 2016.
The fourth and final option to renew in the annual amount of $995,855.00 during Fiscal Year
2017.
ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with the provisions fully set
forth in the "General Conditions" of the "Specifications" in the Proposal attached hereto, and
subject to additions and deductions as provided, the City shall pay the Contractor as follows:
(a) On or before the 10th day of each calendar month, the City shall make partial
payments to the Contractor on the basis of the estimate of work performed by the Contractor
during the preceding calendar month, duly certified and approved by the City's Project Manager.
(b) Upon submission by the Contractor of evidence satisfactory to the City that all
payrolls, material bills and other costs incurred by the Contractor in connection with the
construction of the work have been paid in full, and also, after all guarantees that may be
required in the Specifications or by the Contractor have been furnished and are found
acceptable by the City, final payment on account of this Agreement shall be made within sixty
(60) days after completion by the Contractor of all work covered by this Agreement and
acceptance of such work by the City.
ARTICLE 4. TIME OF COMPLETION: The Contractor shall commence the work to
be performed under this Agreement and the Contract Documents within the number of
consecutive days after the date of written notice from the Director of the Department of Public
Works to begin work as noted in the Proposal, and shall fully complete the Contract Scope of
Work in accordance with this Agreement and the Contract Documents within the number of
calendar days as set forth in the Proposal.
It is mutually agreed between the parties hereto, that time is of the essence of this Agreement,
and, in the event that construction of the work is not completed within the time herein specified,
it is agreed that from the compensation otherwise to be paid to the Contractor, the City may
retain for each day thereafter, Sundays and holidays included, that the work remains
uncompleted, the sum set forth in the General Conditions of the Specifications, as modified by
Division 2 - Special Provisions, which sum represents the actual damage(s) which the City of
Miami, Florida, will have sustained per day by failure of the Contractor to complete the work
within the time stipulated, and this sum is not a penalty, but will be the liquidated damage(s) that
City will have sustained in event of such default by the Contractor.
ARTICLE 5. ADDITIONAL BOND: It is further mutually agreed between the parties
hereto, that if, at any time after the execution of this Agreement and the Performance Bond
hereto attached and incorporated herein as Attachment "A", when required for its faithful
performance, the City shall deem the surety or sureties upon such bond to be unsatisfactory, or
if, for any reason, in the opinion of the Engineer; such bond ceases to be adequate to cover the
performance of the work, the Contractor shall, at his expense, within five (5) days after receipt of
notice from the Engineer so to do, furnish an additional bond or bonds in such form and amount,
and with such surety or sureties as shall be satisfactory to the City. In such event, no further
payment to the Contractor shall be deemed to be due under this Agreement until such new or
additional security for the faithful performance of the work shall be furnished in manner and form
satisfactory to the City.
ARTICLE 6. CONTRACT DOCUMENTS: All of the documents hereinafter listed form
the Contract and they are as fully as part of the Contract as if attached to this Agreement, or
repeated in this Agreement:
ADVERTISEMENT FOR BIDS
PROPOSAL
BID BOND (N/A)
CONTRACT
PAYMENT AND PERFORMANCE BOND (N/A)
MAINTENANCE PERFORMANCE BOND (N/A)
INSTRUCTIONS TO BIDDERS
SPECIFICATIONS
ADDENDA
PLANS: N/A
As prepared by
Entitled:
M. Rodriquez
M-0083
ARTICLE 7. THE CONTRACT TERM: The original Contract Term is one (1) year (365
calendar days) effective ten days after Notice to Proceed is issued by the Department's
Director. The City has up to four (4) options to renew the term of the contract, each for a period
of one (1) year, subject to availability of funds and Contractor's performance.
The terms for all four (4) options to renew shall begin ten (10) days after Notice to Proceed is
issued by the Department Director.
ARTICLE 8. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for project activities and is subject to
amendment or termination due to lack of funds, reduction of funds, and/or change in
regulations, upon thirty (30) days written notice.
ARTICLE 9. NOTICES: Whenever either party desires to give notice to the other, such
notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand -delivery with a request for a written receipt of acknowledgment of
delivery, addressed to the party for whom it is intended at the place last specified. The place for
giving notice shall remain the same as set forth herein until changed in writing in the manner
provided in this section. For the present, the parties designate the following:
For City:
Nzeribe (Zerry) Ihekwaba, Ph.D., P.E.
City of Miami
Director of Public Works
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130
With copies to:
Monica Rodriguez, Contract Manager
City of Miami
Department of Public Works
444 SW 2nd Avenue, 8th Floor
Miami, Florida 33130
For Contractor:
Jose M. Alvarez, President
JVA Engineering Contractor, Inc.
6600 NW 32nd Avenue
Miami, FL 33147
ARTICLE 10. MATERIALITY AND WAIVER OF BREACH:
(a) City and Contractor agree that each requirement, duty, and obligation set forth in these
Contract Documents is substantial and important to the formation of this Contract and,
therefore, is a material term hereof.
(b) City's failure to enforce any provision of this Contract shall not be deemed a waiver of
such provision or modification of this Contract. A waiver of any breach of a provision of
this Contract shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Contract.
ARTICLE 11. SEVERANCE: In the event a portion of this Contract is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be effective
unless City or Contractor elects to terminate this Contract. An election to terminate this
Contract based upon this provision shall be made within seven (7) days after the finding by the
court becomes final.
ARTICLE 12. APPLICABLE LAW AND VENUE:
This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By
entering into this Contract, Contractor and City hereby expressly waive any rights either party
may have to a trial by jury or to file permissive counterclaims in any civil litigation related to, or
arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions
of this Contract. Each party shall bear their own attorney's fees.
ARTICLE 13. AMENDMENTS:
No modification, amendment, or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document prepared with the same or similar formality as
this Contract and executed by the City Manager and Contractor.
ARTICLE 14. PRIOR AGREEMENTS:
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein and the parties
agree that there are no commitments, agreements or understandings concerning the subject
matter of this Contract that are not contained in this document. Accordingly, the parties agree
that no deviation from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written. It is further agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless set forth in writing
in accordance with Article 13 above. -
ARTICLE 15. COMMUNITY SMALL BUSINESS ENTERPRISE ("CSBE"):
(1) 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 assign a minimum of fifteen percent (15%)
of the contract value to a respondent or to a construction related enterprise currently certified by
Miami -Dade County as a Community Small Business Enterprise ("CSBE"). Respondents shall
place a specific emphasis on utilizing local small businesses from within the City's municipal
boundaries. The adoption of these provisions in the Procurement Ordinance of the City will be
deemed an adoption by the City, as herein modified, and as may be amended from time to time
of the Miami -Dade County Community Small Business Enterprise ("CSBE") Program, as set
forth in Sec. 10-33.01, Sec. 10-33.02, Miami -Dade County Code. The definitions, program
components, subcontractor goals, contract measures, certification requirements, enforcement
and administrative remedies from Sec. 10-33.02, of the Miami -Dade County Code, as amended,
are deemed as being incorporated by reference herein.
(2) Five percent (5%) of the bid amount shall be retained by the City for the CSBE
participation requirements until said requirements are fulfilled and verified by the City Manager
or authorized designee as being fulfilled within six (6) months of contract completion; failure to
satisfactorily meet, document, and present to the City Manager or authorized designee the
Community Small Business Enterprise ("CSBE") requirements within six (6) months of contract
completion shall result in the forfeiture of the retained amount to the City. This five percent (5%)
retainage is included within the ten percent (10%) retainage normally withheld by the City.
(3) The respondent selected as the contractor shall have a third party independently
verify and certify compliance with these requirements on a quarterly basis. Said third party shall
be unaffiliated with the respondent and be properly licensed under the provisions of F.S. 454,
471, 473, or 481. The person performing the verification shall have a minimum of two (2) years
of prior professional experience in contracts compliance, auditing, personnel administration, or
field experience in payroll, enforcement, or investigative environment. 'The cost for this
verification and certification shall be included in the related contract costs.
Community Small Business Enterprise ("CSBE") requirements shall apply only to contracts with
a contract value greater than $100,000 and with an on -site labor component greater than or
equal to twenty-five percent (25%) of the contract value.
ARTICLE 16. LOCAL WORKFORCE PARTICIPATION REQUIREMENTS:
(1) 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.
(2) Five percent (5%) of the bid amount shall be retained by the City for the requirements until
said requirements are fulfilled and verified by the City Manager or authorized designee as being
fulfilled within six (6) months of contract completion; failure to satisfactorily meet, document, and
present to the City Manager or authorized designee the local workforce participation
requirements within six (6) months of contract completion, shall result in the forfeiture of the
retained amount to the City. This five percent (5%) retainage is included within the ten percent
(10%) retainage normally withheld by the City.
(3) For contracts with a bid amount between $1,000,000 and $2,000,000, the contractor shall
be required to hold one (1) job fair within the local community for the purpose of encouraging
local workforce participation. For contracts with a bid amount greater than $2,000,000, the
Respondent shall be required to hold two (2) job fairs within the local community for the purpose
of encouraging local workforce participation. The contractor shall coordinate job fairs and hiring
initiatives with South Florida Workforce.
(4) The respondent shall have a third party independently verify and certify compliance with
these requirements on a quarterly basis. Said third party shall be unaffiliated with the
respondent and be properly licensed under the provisions of F.S. 454, 471, 473, or 481. The
person performing the verification shall have a minimum of two (2) years of prior professional
experience in contracts compliance, auditing, personnel administration, or field experience in
payroll, enforcement, or investigative environment. The cost for this verification and certification
shall be included in the related contract costs.
Local participation requirements shall apply only to public works or improvements contracts with
a contract value greater than $100,000 and with an on -site labor component greater than or
equal to twenty-five percent (25%) of the contract value.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and year
first above written in five (5) counterparts, each of which shall, without proof or accounting for
the other counterparts, be deemed an original contract*.
WITNESS: (If Corporation, CONTRACTOR:
attach Seal and Attest by Secretary)
BY:
Print Name:
Corporate Secretary
(SEAL)
Party of the second part
BY:
Print Name :
Print Title:
(Employer Tax I.D. Number)
THE CITY OF MIAMI, FLORIDA,
a municipal corporation,
Party of the first part
ATTEST: BY:
Dwight Danie
City Clerk
RESOLUTION NO.
Johnny Martinez, P.E.
City Manager
*BECAUSE CONTRACTOR IS A CORPORATION, THERE SHALL BE ATTACHED TO EACH
COUNTERPART AS ATTACHMENT "B" A CERTIFIED COPY OF A RESOLUTION OF THE BOARD
OF DIRECTORS OF THE CORPORATION, AUTHORIZING THE OFFICER WHO SIGNS THE
CONTRACT TO DO SO ON ITS BEHALF.
APPROVED AS TO INSURANCE
APPROVED AS TO REQUIREMENTS:
ENGINEERING:
Nzeribe (Zerry) Ihekwaba, Ph.D., P.E. Calvin Ellis, Director
Director, Public Works Risk Management
APPROVED AS TO FORM AND
CORRECTNESS
Julie O. Bru
City Attorney
00800. GENERAL CONDITIONS:
1. Contract Documents:
1.1. The formal solicitation, Bidder's Response, any addenda issued, the Contract
Documents, and all subsequent work orders and purchase orders shall constitute the
entire Contract, unless modified in accordance with any ensuing Contract, Amendment or
Addenda.
1.2. The Contract Documents, along with all documents that make up and constitute the
Contract, shall be followed in strict accordance as to Work, performance, and material
except when the City may authorize, in writing, an exception.
1.3. Contractor shall not proceed with any Work when in doubt as to the Work, and shall seek
clarification from Project Manager, City Engineer and/or Owner.
2. Intention of City:
It is the intent of City to describe in the Contract Documents a functionally complete Scope of
Work to be performed in accordance with the Contract Documents and in accordance with all
codes and regulations governing the Work. Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to produce the intended
result shall be supplied by Contractor whether or not specifically stated. When words, which have
a well-known technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. City shall have no duties other than
those duties and obligations expressly set forth within the Contract Documents. Please refer to
the Public Works Department - STANDARD CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR PUBLIC WORKS PROJECTS.
3. Terms of the Contract:
The successful bidder shall be required to enter into a contract with the City of Miami, which shall
include but not limited to, the following terms:
The term of the Contract shall be for an initial term of one (1) year, commencing as of the date
stated on the Notice to Proceed. The City shall have the option to extend the Contract for four (4)
additional one (1) year term periods each by giving the Bidder at least thirty (30) days prior written
notice.
Extension of the term of the Contract beyond the initial period is an option to the City to be
exercised in its sole discretion, and which does not confer any rights upon the Bidder, and shall
be based on availability of funding and contractor's performance. _
The City shall have the right to terminate the Contract, for any reason whatsoever and at any
time, upon thirty (30) days prior notice to the bidder.
The City reserves the right to automatically extend this contract for up to one hundred twenty
(120) calendar days beyond the stated contract term in order to provide City with continual
service while a new contract is being solicited, evaluated, and/or awarded. If the right is
exercised, the City shall notify the Bidder, in writing, of its intent to extend the contract at the
same price, terms and conditions for a specific number of days. Additional extensions over the
first one hundred twenty (120) day extension may occur, if, the City and the Successful
Bidder/Proposer are in mutual agreement of such extensions.
Bid No. 11-12-040 Page 44
Preliminary Matters:
4.1 Within ten (10) days after the award of the Contract the City shall hold a kick-off meeting
with the Contractor. The City may require that the Sub -Contractors also attend this
meeting.
4.2. Within five (5) calendar days prior to the kickoff meeting described in Section 4.1, the
Contractor shall submit to the Project Manager for review and acceptance:
4.2.1. A detailed construction plan for the proposed work in a format acceptable to the
City:
The construction schedule plan shall indicate the start and completion
dates of the various tasks for each Work Site and shall include a
narrative of the procedures to be used and a list of all equipment to be
used in the performance of the Work.
The construction plan must be updated to reflect any changes and
submitted for approval to the Project Manager.
Approval of the maintenance plan by the Project Manager shall not
relieve the Contractor of the sole responsibility and liability for the
performance of the Work.
Performance Bond and Payment Bond:
Within fifteen (15) calendar days of being notified of the award, Contractor shall furnish a
Performance Bond and a Payment Bond containing all the provisions in the forms attached
hereto.
5.1. Each Bond shall be in the amount of one hundred percent (100%) of the annual Contract
Price guaranteeing to City the completion and performance of the Work covered in such
Contract as well as full payment of all suppliers, laborers, or subcontractors employed
pursuant to this Project. Each Bond shall be with a Surety, which is qualified pursuant to
Article 6.
5.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of
the Work with liability equal to one hundred percent (100%) of the Contract sum, or an
additional bond shall be conditioned that Contractor will, upon notification by City, correct
any defective or faulty work or materials which appear within one year after Final
Completion of the Contract.
5.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be
amended from time to time, Contractor shall ensure that the bond(s) referenced above
shall be recorded in the public records of Miami -Dade County and provide City with
evidence of such recording.
5.4. Alternate Form of Security:
In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate
forms of security, which may be in the form of cash, money order, certified check,
cashier's check or unconditional letter of credit in the form attached hereto as Form
00735. Such alternate forms of security shall be subject to the prior approval of City and
for same purpose and shall be subject to the same conditions as those applicable above
and shall be held by City for one year after completion and acceptance of the Work.
Bid No. 11-12-040 Page45
6. Qualification of Surety:
6.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand
Dollars ($500,000.00):
6.1.1. Each bond must be executed by a surety company of recognized standing,
authorized to do business in the State of Florida as surety, having a resident
agent in the State of Florida and having been in business with a record • of
successful continuous operation for at least five (5) years.
6.1.2. The Surety shall hold a current certificate of authority as acceptable surety on
federal bonds in accordance with United States Department of Treasury Circular
570, Current Revisions. If the amount of the Bond exceeds the underwriting
limitation set forth in the circular, in order to qualify, the net retention of the
Surety shall not exceed the underwriting limitation in the circular, and the excess
risks must be protected by coinsurance, reinsurance, or other methods in
accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR
Section 223.10, Section 223.111). Further, the Surety shall provide City with
evidence satisfactory to City, that such excess risk has been protected in an
acceptable manner.
6.1.3. The City will accept a surety bond from a company with a rating of B+ or better
for bonds up to $2 million, provided, however, that if any surety company
appears on the watch list that is published quarterly by Intercom of the Office of
the Florida Insurance Commissioner, the City shall review and either accept or
reject the surety company based on the financial information available to the City.
A surety company that is rejected by the City may be substituted by the Bidder or
proposer with a surety company acceptable to the City, only if the bid amount
does not increase. The following sets forth, in general, the acceptable
parameters for bonds:
Policy- Financial Holders
Amount of Bond
Ratings Category
500,001 to 1,000,000 B+ Class
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class .III
5,000.001 to 10,000,000 A Class ... IV
10,000,001 to 25,000,000 A Class .... V
25,000,001 to 50,000,000 A Class ... VI
50,000,001 or more A ,Class .. VII
6.2. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and
Payment Bond from a Surety which has twice the minimum surplus and capital required
by the Florida Insurance Code at the time the invitation to bid is issued, if the Surety is
otherwise in compliance with the provisions of the Florida Insurance Code, and if the
surety company holds a currently valid certificate of authority issued by the United States
Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States
Code, as may be amended from time to time. A Certificate and Affidavit so certifying
should be submitted with the Bid Bond and also with the Performance Bond and Payment
Bond.
Bid No. 11-12-040
Page 46
6.3. More stringent requirements of any grantor agency are set forth within the Supplemental
Conditions. If there are no more stringent requirements, the provisions of this section shall
apply.
7. Indemnification:
7.1 Contractor shall indemnify, defend, save and hold harmless the City and its officials, employees
and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs,
penalties, fines, damages, claims, expenses (including attomey's fees) or liabilities (collectively referred to
as "liabilities") arising out of, resulting from or in connection with (i) the performance or non-performance
of the services, supplies, materials and equipment contemplated by this Agreement which is directly or
indirectly caused, in whole or in part, by any act, omission, default, professional errors or omissions, or
negligence (whether active or passive) of Contractor or its employees, agents or subcontractors
(collectively referred to as "Contractor"), regardless of whether it is, or is alleged to be, caused in whole or
part (whether joint, concurrent or contributing) by any act, omission, default, breach, or negligence
(whether active or passive) of the lndemnitees, or any of them, or (ii) the failures of the Contractor to
comply with any of the provisions herein; or (iii) the failure of the Contractor, or the Indemnitees, if
applicable, to conform to statutes, ordinances, or other regulations or requirements of any govemmental
authority,' federal, state, county, or city in connection with the granting or performance of this Agreement,
or any Amendment to this Agreement, or any actions or challenges that may arise out of this Amendment
of the Agreement by, as due to alleged failure to comply with any applicable procurement requirements or
similar limitations imposed on such agreements by law, Contractor expressly agrees to indemnify and
hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by
an employee or former employee of Contractor, or any of its subcontractors, as provided above, for which
the Contractor's liability to such employee or former employee would otherwise be limited to payments
under state Worker's Compensation or similar laws. This section shall be interpreted in a manner to
comply with any applicable Florida Statutes, including ,without limitation, 725.06 and 725.08, F.S.. if
applicable. This Indemnification shall survive the cancellation or expiration of the Agreement.
7.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and
through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's
option, any and all claims of liability and all suits and actions of every name and description covered by
Section 7.1 above which may be brought against City whether performed by Contractor, or persons
employed or utilized by Contractor.
8. Insurance Requirements:
8.1. Without limiting any of the other obligations or liabilities of Contractor, Contractor shall
provide, pay for, and maintain in force until all of its Work to be performed under this
Contract has been completed and accepted by City (or for such duration as is otherwise
specified hereinafter), the insurance coverages set forth herein.
8.1.1. Workers' Compensation insurance to apply for all employees in compliance with the
'Workers' Compensation Law" of the State of Florida and all applicable federal laws.
In addition, the policy(ies) must include:
8.1.1.1. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars
each bodily injury caused by an accident, each accident. One Million Dollars
($1,000,000.00) Dollars each bodily injury caused by disease, each employee.
One Million Dollars ($1,000,000.00 Dollars each bodily injury caused by
disease, policy limit.
8.1.1.2 Waiver of subrogation
8.1.2. Comprehensive General Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability. General Aggregate Limit of Two Million Dollars
($2,000,000.00). Coverage must be afforded on a form no more restrictive than the
latest edition of the Comprehensive General Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include:
Bid No. 11-12-040 Pan 47
[ X ] 8.1.2.1. Premises and/or Operations.
[ X ] 8.1.2.2. Independent Contractors.
[ ] 8.1.2.3. Products and/or Completed Operations for contracts with an
Aggregate Limit of Two Million Dollars ($2,000,000.00) per
project. Contractor shall maintain in force until at least three
years after completion of all work required under the Contract,
coverage for Products and Completed Operations, including
Broad Form Property Damage.
[ ] 8.1.2.4. Explosion, Collapse and Underground Coverages.
[ ] 8.1.2.5. Broad Form Property Damage.
[ ]. 8.1.2.6. Broad Form. Contractual Coverage applicable to this specific
Contract, including any hold harmless and/or indemnification
agreement.
[ X ]. 8.1.2.7. Personal Injury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal to
those required for Bodily Injury Liability and Property Damage
Liability.
[ X ] 8.1.2.8. City is to be expressly included as an Additional Insured with
respect to liability arising out of operations performed for City by or
on behalf of Contractor or acts or omissions of Contractor in
connection with general supervision of such operation.
[ ] 8.1.2.9. Employee included as insured.
[ X ] 8.1.2.10. Contractual Liability.
[ X ] 8.1.2.11. Waiver of Subrogation.
[ X ] 8.1.2.12. Personal and Advertising Injury.
[ X ] 8.1.2.13. Loading and Unloading.
[ X ] 8.1.2.14.Mobile Equipment (Contractor's Equipment) whether owned,
leased, borrowed or rented by Contractor or employees of the
Contractor:
8.1.3. Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability
and Property Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability policy,
without restrictive endorsements, as filed by the Insurance Services Office, and
must include:
8.1.3.1.
8.1.3.2.
8.1.3.3.
8.1.3.4
8.1.3.5
Owned Vehicles.
Hired and Non -Owned Vehicles.
Employers' Non -Ownership.
Employees included as insured
City of Miami as Additional Insured
[X ] 8.1.4. Umbrella Policy
8.1.4.1. Bodily injury and property damage liability with limits of Two Million
Dollars ($2,000,000) each occurrence and an aggregate limit of
Two Million Dollars ($2,000,000).
Bid No. 11-12-040 Page 48
8.1.4.2. Products/Completed operations aggregate limit of Two Million
Dollars ($2,000,000).
Excess coverage over the policies as follows:
Commercial General Liability
ikBusiness Automobile Liability
8.1.5. Installation Floater for the installation of machinery and/or equipment into an
existing structure is required. The coverage shall be "All Risk" coverage
including installation and transit for 100 percent of the "installed replacement cost
value," covering City as a named insured, with a deductible of not more than Five
Thousand Dollars ($5,000.00) each claim.
8.1.5.1. Cessation of Insurance —Coverage is not to cease and is to remain
in force (subject to cancellation notice) until final acceptance by
City.
8.1.5.2. Flood Insurance —When the machinery or equipment is located
within an identified special flood hazard area, flood insurance must
be afforded for the lesser of the total insurable value of such
buildings or structure, or, the maximum amount of flood insurance
coverage available under the National Flood Program.
[ X ] 8.1.5. Owners Contractors Protective — City of Miami — Limits of Liability for Bodily Injury &
Property Damage Liability shall be in the amounts of $1,000,000.00 for each occurrence
and $1,000,000.00 in the aggregate
[ X ] 8.1.6 Employer's Liability — Limits of Liability
$500,000 for bodily injury caused by accident, each accident
$500,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
8.1.7 Marine General Liability, including coverage for protection and liability in the amount of
$1,000,000
8.1.8 Pollution Liability in the amount of $1,000,000
8.1.9 Jones Act coverage for captain and crew
8.2. If the initial insurance expires prior to the completion of the work, renewal copies of
policies shall be furnished at least thirty (30) days prior to the date of their expiration.
8.3. Notice of Cancellation and/or Restriction --The policy(ies) must be endorsed to provide
City with at feast thirty (30) days notice of cancellation and/or restriction.
8.4. Contractor shall furnish to the Public Works Department Certificates of Insurance or
endorsements evidencing the insurance coverage specified above within fifteen (15)
calendar days after notification of award of the Contract. The required Certificates of
Insurance shall name the types of policies provided, refer specifically to this Contract,
and state that such insurance is as required by this Contract.
8.5. The official title of the Owner is the City of Miami, Florida. This official title shall be used
in all insurance documentation.
9. Labor and Materials:
9.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials,
labor, water, diesel, tools, equipment, light, power, transportation and other facilities and
services necessary for the proper execution and completion of the Work, whether
Bid No. 11-12-040 Page 49
temporary or permanent and whether or not incorporated or to be incorporated in the
Work.
9.2. Contractor shall at all times enforce strict discipline and good order among its employees
and subcontractors at the Project site and shall not employ on the Project any unfit
person or anyone not skilled in the work.to which they are assigned.
10. General Requirements
10.1. The employee(s) of the Contractor shall be considered to be at all times its employee(s),
and not an employee(s) or agent(s) of the City or any of its departments.
10.2. The Contractor agrees that the Contractor will at all times employ, maintain and assign to
the performance of the Project a sufficient number of competent and qualified personnel
to meet the requirements of the Work to be performed. The Contractor shall have
employed at the time of bidding sufficient numbers of competent and qualified employees
to meet the requirements of the Work to be performed, and upon request by the City, the
Contractor shall provide a list of these employees.
10.3. The Contractor agrees to adjust staffing levels or to replace any staff personnel if so
ordered by the City, should the City make a determination, in its sole discretion, that said
staffing is unacceptable or that any individual is not performing in a manner consistent
with the requirements for such a position.
10.4. The Contractor represents that its staff personnel have the proper skills, training,
background, knowledge, experience, rights, authorizations, integrity, character and
licenses as necessary to perform the Work, in a competent and professional manner.
10.5. The Contractor shall at all times cooperate with the City and coordinate its respective
Work efforts to most effectively and efficiently progress the performance of the Work.
10.7. The Contractor shall be responsible for the good condition of the Work or materials until
formal release from his obligations under the terms of this Contract.
10.8. Contractor shall bear all losses resulting to him on account of the amount or character of
the Work, or the character of the ground, being different from what he anticipated.
10.9 The Contractor shall at all times conduct the Work in such manner and in such sequence
as will insure the least practicable local interference.
10.10 The Contractor shall direct all citizen inquiries to the City Project Manager and should act
professionally at all times.
11. Worker's Identification
The Contractor's employees, who include any subcontractor, shall wear an identification card
provided by the Contractor. The identification card shall bear the employee's picture, name, title
and name of the employer. Failure by a Contractor's employee to wear such identification may
result in his removal from the Work until such time as the identification card is obtained and worn.
Such removal shall not act as a basis for the Contractor to submit a claim for an extension of
time.
12. Royalties and Patents:
All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article,
material, arrangement, appliance, or method that may be used upon or in any manner be
connected with the construction of the Work or appurtenances, are hereby included in the prices
stipulated in this Contract for said Work. .
Bid No. 11-12-040 Page 50
13. Weather:
No extensions to the Contract Period will be granted for weather related delays unless by a
hurricane, City declared emergency or other occurrences that result in the City issuing a Stop
Work Order.
14. Permits, Licenses and Impact Fees:
14.1. Except as otherwise provided within the Supplemental Conditions, all permits and
licenses required by federal, state or local laws, rules and regulations necessary for the
prosecution of the Work undertaken by Contractor pursuant to this Contract shall be
secured and paid for by Contractor prior to commencement of work. It is Contractor's
responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the
Work to be performed and valid for the jurisdiction in which the Work is to be performed
for all persons working on the Project for whom a Certificate of Competency is required.
14.2. If applicable, all impact fees levied by the City and/or Miami -Dade County shall be paid
by Contractor. Contractor shall be reimbursed only for the actual amount of the impact
fee levied by the municipality as evidenced by an invoice or other acceptable
documentation issued by the municipality. Reimbursement to Contractor in no event
shall include profit or overhead of Contractor.
15. Resolution of Disputes:
15.1 To prevent all disputes and litigation, it is agreed by the parties hereto that the Public
Works Director shall decide all questions, claims, difficulties and disputes of whatever
nature which may arise relative to the technical interpretation of the Contract Documents
and fulfillment of this Contract as to the character, quality, amount and value of any work
done and materials furnished, or proposed to be done or furnished under or, by reason
of, the Contract Documents and Contract Administrator's estimates and decisions upon
all claims, questions, difficulties and disputes shall be final and binding to the extent
provided in Article 15.2. Any claim, question, difficulty or dispute which cannot be
resolved by mutual agreement of City and Contractor shall be submitted to the City in
writing within twenty-one (21) calendar days. Unless a different period of time is set forth
herein, the Public Works Director shall notify the Contractor in writing of his/her decision
within twenty-one (21) calendar days from the date of the submission of the claim,
question, difficulty or dispute, unless the Public Works Director requires additional time to
gather information or allow the parties to provide additional information. All non -technical
administrative disputes shall be determined by the Contract Administrator pursuant to the
time periods provided herein. During the pendency of any dispute and after a
determination thereof, Contractor, and City shall act in good faith to mitigate any potential
damages including utilization of construction schedule changes and alternate means of
construction.
15.2. In the event the determination of a dispute under this Article is unacceptable to either
party hereto, the party objecting to the determination must notify the other party in writing
within ten (10) days of receipt of the written determination. The notice must state the
basis of the objection and must be accompanied by a statement that any Contract Value
adjustment claimed is the entire adjustment to which the objecting party has reason to
believe it is entitled to as a result of the determination. Within sixty (60) days after Final
Completion of the Work, the parties shall participate in mediation to address all objections
to any determinations hereunder and to attempt to prevent litigation. The mediator shall
be mutually agreed upon by the parties. Should any objection not be resolved in
mediation, the parties retain all their legal rights and remedies provided under State law.
A party objecting to a' determination specifically waives all of its rights provided
hereunder, including' its rights and remedies under State law, if said party fails to comply
in strict accordance with the requirements of this Article.
Bid No. 11-12-040 Page 51
16. Inspection of Work:
16.1. The City shall at all times have access to the Work, and Contractor shall provide proper
facilities for such access and for inspection.
16.1.1. Reexamination of any of the Work may be ordered by the City with prior written
approval by the Contract Administrator, and if so ordered, the Work must be
uncovered by Contractor. If such Work is found to be in accordance. with the
Contract Documents, City shall pay the cost of reexamination and replacement
by means of a Change Order. If such Work is not in accordance with the
Contract Documents, Contractor shall pay such cost.
16.2. . Inspectors shall` have no authority to permit deviations from, nor to relax any of the
provisions of the Contract Documents, nor to delay the Contract by failure to inspect the
materials and work with reasonable promptness without the written permission or
instruction of the City.
16.3. The 'payment of any compensation, whatever may be its character or form, or the giving
of any gratuity or the granting of any favor by Contractor•to any inspector, directly or
indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a
breach of this Contract.
17. Authority Of The City Project Manager
17.1. The Contract Administrator hereby authorizes the Project Manager to determine, all •
questions of any nature whatsoever arising out of, under or in connection with, or in any
way relating to or on account of the Work, and questions as to the interpretation of the
Work to be performed.
17.2. ,The Contractor shall be bound by all determinations or orders of the Project Manager and
shall promptly respond to requests of the Project Manager, including the withdrawal or
modification of any previous order, regardless of whether the Contractor agrees with the
Project Manager's determination or requests. Where requests are made orally, the
Project Manager will follow up in writing, as soon thereafter as is practicable.
17.3. The Project Manager shall have authority to act on behalf of the City to the extent
provided by the Contract, unless otherwise modified in writing by the City. All instructions
to the Contractor shall be issued in writing. All instructions to the Contractor shall be
issued through the Contract Administrator or the Project Manager.
17.4. The Project Manager shall have access to the Work Site(s) at all times. The Contractor
shall provide safe facilities for such access so the Project Manager may 'perform their
functions under the Contract. The Project Manager will make periodic visits to the Work
Site to become generally familiar with the progress and quality of the Work, and to
determine if the Work is proceeding in accordance with the Contract Documents.
17.5. The Project Manager will not be responsible for Work means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the
Work, and will not be responsible for the Contractor's failure to carry out the Work in
accordance with the Contract.
17.6. The Project Manager will have authority to reject Work that does, not conform to the
Contract requirements, whenever, in his or her opinion, it is considered necessary or
advisable to insure the proper implementation of the Contract. Neither The Project
Manager's authority to act under this paragraph, nor any decision made by him in good
faith either to exercise or not to exercise such authority, shall give rise to any duty or
responsibility of the Project Manager to the Contractor, any subcontractor, supplier or any
of their agents, employees, or any other person performing any of the Work.
17.7. All interpretations and recommendations of the Project Manager shall be consistent with
the intent of the Contract.
Bid No. 11-12-040 Page 52
17.8. The Project Manager will not be responsible for the acts or omissions of the Contractor,
• any Sub -Contractor, or any of their agents or employees, or any other persons
performing any of the Work.
18. Superintendence and Supervision:
18.1. Contractor shall keep on the Work during its progress, a full-time competent English
speaking superintendent and any necessary assistants, all satisfactory to the City. The
superintendent shall not be changed except with the written consent of the City, unless
the superintendent proves to be unsatisfactory to Contractor and ceases to be in its
employ. The superintendent shall represent Contractor and all .directions given to the
superintendent shall be as binding as if given to Contractor and will be confirmed in
writing by the City upon the written request of Contractor. Contractor shall give efficient
supervision to the Work, using its best skill and attention. The City shall be provided
telephone number(s) for the superintendent where the superintendent can be contacted
during normal working hours as well as after hours for emergencies.
18.2. If in the course of prosecuting the Work, the Contractor finds any issues or conditions
affecting the performance of the Work, it is their duty to immediately inform the Project
Manager, in writing, and the Project Manager will promptly review the same. Any Work
done after such discovery, until authorized, will be done at Contractor's sole risk.
18.3. Contractor shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform
the Work in accordance with the Contract Documents. Contractor shall be solely
responsible for the means, methods, techniques, sequences and procedures of
construction.
18.4 Contractor shall provide 24-hour a day, 7 day a week emergency contact numbers for the
superintendent and the superintendent's supervisor.
19. Methods Of Performing The Work
19.1. If, the Project Manager reasonably determines that the Work is not such as to insure its
completion within the approved schedule, or if, in the opinion of the Project Manager, the
Contractor is not proceeding with the Work diligently or expeditiously or is not performing
all or any part of the Work according to the progress schedule accepted by or determined
by the Project Manager, the Project Manager shall have the right to order the Contractor
to do either or both of the following: (1) improve its work force; and/or (2) improve its
performance in accordance with the schedule to insure completion of the Work within the
specified schedule. The Contractor shall immediately comply with such orders at no
additional cost to the City. The City at its sole option may also have Work performed by a
third party contractor and deduct such cost from any monies due the Contractor.
19.2. Where materials or equipment are transported in the performance of the Work, vehicles
shall not be loaded beyond the capacity recommended by the vehicle manufacturer or
permitted by Federal, State or local law(s). When it is necessary to cross curbing or
sidewalks, protection against damage shall be provided by the Contractor and any
damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense
of the Contractor to the satisfaction of the Project Manager.
20. City's Right to Terminate Contract:
20.1. If Contractor fails to begin, the Work within fifteen (15) calendar days after the
commencement date as indicated in the Notice to Proceed, or fails to perform the Work
with sufficient workers and equipment or with sufficient materials to insure the prompt
completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected
as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to
the accepted schedule or if Contractor shall fail to perform any material term set forth in
the Contract Documents or if Contractor shall become insolvent or be declared bankrupt,
or commit any act of bankruptcy or insolvency, or shall make an assignment for the
Bid No. 11-12-040 Page 53
benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an
. acceptable manner, Contract Administrator may give notice in writing to Contractor and
its. Surety of such delay, neglect or default, specifying the same. If Contractor, within a
period of five (5) calendar days after such notice, shall not proceed in accordance
therewith, the City will terminate the services of Contractor, exclude Contractor from the
Work Site(s) and take the prosecution of the Work out of the hands of Contractor, and
appropriate or use any or all materials and equipment on the Project site as may' be
suitable and acceptable. In such case, Contractor shall not be entitled to receive any
further payment until the Work is completed. In addition City may enter into an
agreement for the completion of the Work according to the terms and provisions of the
Contract Documents,. or use such other methods as in City's sole opinion shall be
required for the completion of the Work in an acceptable manner. All damages, costs
and charges incurred by City, together with the costs of completing the Work, shall be
deducted from any monies due or which may become due to Contractor. In case the
damages and expenses so incurred by City shall exceed the unpaid balance, then
Contractor shall be liable and shall pay to City the amount of said excess. In such event,
the contractor shall be liable for damages including the excess cost of procuring similar
supplies or services: provided that if, (1) it is determined for any reason that the
Contractor was not in default or (2) the Contractor's failure to perform is without his or his
subcontractor's control, fault or negligence, the termination will be deemed to be a
termination for convenience of the City of Miami.
20.2. If after notice of termination of Contractor's right to proceed, it is determined for any
reason that Contractor was not in default, the rights and obligations of City and
Contractor shall be the same as if the notice of termination had been issued pursuant to
the Termination for Convenience clause as set forth in Article 20.3 below.
20.3. This Contract may be terminated for convenience in writing by the City Manager or the
City Commission upon ten (10) days written notice to Contractor (delivered by certified
mail, return receipt requested, hand delivery or courier) of intent to terminate and the date
on which such termination becomes effective. In such case, Contractor shall be paid for
all work executed and expenses incurred prior to termination. Payment shall include
reasonable profit for work/services satisfactorily performed. No payment shall be made
for profit for work/services, which have not been performed. •
20.4. Upon receipt of Notice of Termination pursuant to the above, Contractor shall promptly
discontinue all affected work unless the Notice of Termination directs otherwise and
deliver or otherwise make available to City all data, drawings, specifications, reports,
estimates, summaries and such other information as may have been required by the
Contract Documents whether completed or in process.
21. Assignment:
Neither party hereto shall assign the Contract or any subcontract in whole or in part without the
written consent of the other, nor shall Contractor assign any monies due or to become due to it
hereunder, without the previous written consent of the City Commission.
22. Contractor's Use Of Work Site(s)
22.1. Limitations may be placed on the Contractor's use of the Work Site and such limitations
will be identified by the City.
22.2. The Contractor shall limit its use of the Work Site(s), so as minimize impact and
disruption to the surrounding areas and residents
21.2.1 The Contractor shall:
a. Confine operations at the Work Site to the areas permitted by the Project
Manager; not disturb portions of the Work Site beyond the specified areas;
conform to Work Site rules and
Bid No. 11-12-040 Page 54
b. Assume all responsibility for its tools, equipment and materials, including any
materials purchased for the Work, and its vehicles while performing Work for the
City and/or while parked at a City facility. The City assumes no liability for
damage to the items specified in this paragraph.
c. Access to and egress from the Work Site(s) shall be subject to the approval of
the Contract Administrator or the Project Manager
23. Interfering Structures and Property
Take necessary precautions to prevent damage to existing structures and property when
accessing the Work Site(s). The Contractor is solely responsible for any damage to personal,
City or other public property.
. 24. Site Investigation and Representation
24.1 The Contractor acknowledges that it has satisfied itself as to the nature and location of
the Work, the general and local conditions, particularly those bearing upon availability of
design, transportation, disposal, handling and storage of materials, availability of labor,
water, electric power, roads, and uncertainties of weather, the conformation and
conditions at the ground, the type of equipment and facilities needed preliminary to and
during the prosecution of the Work and all other matters which can in any way affect the
Work or the cost thereof under the Contract Documents.
24.2 The Contractor further acknowledges that he has satisfied himself as to the character,
quality, and quantity of surface and subsurface materials to be encountered from
inspecting the site and from evaluating information derived from exploratory work that
may have been done by the City or included in the Contract Documents. Any failure by
the Contractor to acquaint himself with all the available information will not relieve him
from responsibility for properly estimating the difficulty or cost thereof under the Contract
Documents. For those locations where no plans have been drawn, and are included in
Section 1000, the Contractor must work with the City Inspector and assess any additional
work based on individual locations. Additional Items will be paid out of Special Provisions
only after the City Project Manager has reviewed the proposed additional cost submitted
by Contractor. The City Project Manager has the right to reject/approved all proposed
items.
25. Contractor's Responsibility for Damages and Accidents:
Contractor shall be responsible for all materials, equipment and supplies pertaining to the Work.
The City assumes no responsibility or liability in the event any such materials, equipment and
supplies are lost, stolen, damaged or destroyed.
26. Accidents
The Contractor shall provide such equipment and facilities as are necessary or required, in the
case of accidents, for first aid service to persons who may be injured during the Project duration.
The Contractor shall also comply with the OSHA requirements as defined in the United States
Labor Code 29 CFR 1926.50.
In addition, the Contractor must report immediately to the Project Manager every accident to
persons or damage to property, and shall furnish in writing full information, including testimony of
witnesses regarding any and all accidents.
27. Safety Precautions
27.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Project. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
Bid No. 11-12-040 Page 55
27.1.1.All employees on the Work Site(s) and other persons who may be affected
thereby;
27.1.2 Other property at the Work Site(s) or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated
for removal, relocation or replacement in the course of construction.
27.2. Contractor shall designate a responsible member of its organization at the Work Site(s)
whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to City.
27.3. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders
of any public body having jurisdiction for the safety of persons or property or to protect
them from damage, injury or loss; and shall erect and maintain all necessary safeguards
for such safety and protection. Contractor shall notify owners of adjacent property and
utilities when prosecution of the work may affect them. All damage, injury or loss to any
property referred to in the Contract Documents, caused directly or indirectly, in whole or
in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any
of them or anyone for whose acts any of them may be liable, shall be remedied by
Contractor. Contractor's duties and responsibilities for the safety and protection of the
Work shall continue until such time as all the Work is completed the City has issued a
notice to City and Contractor a notice of Final Acceptance.
27.4 Contractor must adhere to the applicable environmental protection guidelines for the
duration of the Contract. If hazardous waste materials are used," detected or generated
at any time, the Project Manager must be immediately notified of each and every
occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and
other legal requirements of public authorities (including OSHA, EPA, PERA, the City,
Miami -Dade County, State of Florida, and Florida Building Code), which bear on the
performance of the Work.
27.5. The Contractor shall take the responsibility to ensure that all Work is performed using
adequate safeguards.
27.6 If an emergency condition should develop during the Work, the Contractor must
immediately notify the.Project Manager of each and every occurrence and document the
incident. The Contractor should also recommend any appropriate course(s) of action to
the Project Manager.
28. Warranty of Materials:
Contractor warrants to City that all materials furnished under this Contract will be new unless
otherwise specified and that all of the Work will be of good quality, free from, defects and in
conformance with the Contract Documents. All Work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered defective. If
required by the Project Manager, Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment. This warranty is not limited by any other provisions within the
Contract Documents.
29. Manufacturer's Instructions
29.1. The Contractor shall:
29.1.1. Comply with manufacturer's requirements for the handling, delivery and use of
all materials. Where required by the Contract Documents, Contractor shall
submit manufacturer's printed instructions and MSDS documents to the City.
29.1.2. Comply with the manufacturer's applicable instructions and recommendations
for the performance of the Work, to the extent that these instructions and
recommendations are more explicit or more stringent than requirements
indicated in the Contract.
Bid No. 11-12-040
Page 56
29.1.3. Inspect materials prior to use and reject materials not meeting the
requirements of the Contract Documents.
30. Manufacturer's Warranty
Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied,
shall be made available to the City for material and equipment covered by this Contract. All
material and equipment furnished shall be fully guaranteed by the successful Bidder against
factory defects and workmanship. At no expense to the City, the Contractor shall correct any and
all apparent and latent defects that may occur within the manufacturer's standard warranty. The
Supplemental Conditions of the Contract Documents may supersede the manufacturer's standard
warranty. Manufacturer's warranties will become effective upon final completion of the Project.
31. Defective Work:
31.1. The Project Manager shall have the authority to reject or disapprove work which the
Project Manager finds to be not in compliance with the Contract Documents. If required
by Project Manager, Contractor shall promptly either remove or correct all defective
Work. Contractor shall bear all direct, indirect and consequential costs of such
corrections including cost of materials, equipment, and personnel.
31.2. Should Contractor fail or refuse to remove or correct any defective work or to make any
necessary repairs in accordance with the requirements of the Contract Documents within
the time indicated in writing by the Project Manager, the City shall have the authority to
cause the defective Work to be corrected, or make such repairs as may be necessary at
Contractor's expense. Any expense incurred by City in making such corrections or
repairs, shall be paid for out of any monies due or which may become due to Contractor.
In the event of failure of Contractor to make all necessary repairs promptly and fully, City
may declare Contractor in default.
32. Taxes:
Contractor shall pay all applicable sales, consumer, use and other taxes required by law.
Contractor is responsible for reviewing the pertinent state statutes involving state taxes and
complying with all requirements.
33. Subcontracts
33.1. Contractor shall not employ any subcontractor against whom City may have a reasonable
objection. Contractor shall not be required to employ any subcontractor against whom
Contractor has a reasonable objection.
33.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and
of persons directly or indirectly employed by its subcontractors and of persons for whose
acts any of them may be liable to the same extent that Contractor is responsible for the.
acts and omissions of persons directly employed by it. Nothing in the Contract
Documents shall create any contractual relationship between any subcontractor and City
or any obligation on the part of City to pay or to see the payment of any monies due any
subcontractor. The City may furnish to any subcontractor evidence of amounts 'paid to
Contractor on account of specific Work performed.
33.3. Contractor agrees to bind specifically every subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of City.
33.4 Contractor shall complete Attachment B identifying all Sub -Contractors.
33.5. Multi -tier subcontracting is not permitted. Contractor shall not authorize subcontractors to
further subcontract any portions of the Work.
33.6 The work performed by all subcontractors shall be no more than 10% of the total work for
this Contract.
Bid No. 11-12-040 Page 57
34. Separate Contracts:
34.1. City reserves the right to let other contracts in connection with this Work. Contractor shall
afford other persons reasonable opportunity for the execution of their work and shall
properly connect and coordinate this Work with theirs.
34.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the
prosecution of the Work so as to create no interference or impact on the public or
businesses. Should such interference or impact occur, Contractor shall be liable for the
cost of such interference or impact.
35. Continuing the Work:
Contractor shall carry on the .Work and adhere to the progress schedule during all disputes or.
disagreements with City, including disputes or disagreements concerning a request for a Change
Order, a request for a change in the Contract Value or Contract Term. The Work shall .not be
delayed or postponed pending resolution of any disputes or disagreements.
36. Changes in the Work or Terms of Contract Documents:
36.1. Without invalidating the Contract, City reserves and shall have the, right, from time to time
to make such increases, decreases or other changes in the character or quantity of the
Work as may be considered necessary or desirable to complete fully and acceptably the
Work in a satisfactory manner. Any extra or additional work within the scope of this
Contract must be accomplished by means of appropriate Field Orders or Change Orders.
36.2. Any changes to the terms of the Contract Documents must be contained in a written
document, executed by the parties hereto, with the same formality and of equal dignity
prior to the initiation of any work reflecting such change. This section shall not prohibit the
issuance of Change Orders executed only by City as hereinafter provided.
37. Supplemental Instructions:
The Project Manager shall have the right to approve and issue Supplemental Instructions setting
forth written orders, instructions, or interpretations concerning the Contract Documents or its
performance, provided such Supplemental Instructions involve no change in the Contract Value
or the Contract Term.
38. Field Directives
The Project Manager may at times issue field directives to the Contractor based on visits to the
Project Site. Such Field Directives shall be issued in writing and the Contractor shall be required
to comply with the directive. Where the Contractor believes that the directive is outside the
Scope of the Work, the Contractor shall, within 48 hours, notify the Project Manager that the Work
is outside the Scope of the Work. At that time the Field Directive may be rescinded or the
Contractor may be required to submit a request for a change to the Contract. Where the
Contractor is notified of the City's position that the Work is within the scope and the Contractor
disagrees, the Contractor shall notify the Project Manager and the Contract Administrator that the
Contractor reserves the right to make a claim for the time and monies based on the Field
Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply
with the directive may result in a determination that the Contractor is in default of the Contract.
The contractor will take direction only from the Project Manager, Director of Public Works,
Assistant Director of Public Works or the City Manager. The contractor will not take direction
from elected officials or other City personnel.
39. Change Orders:
•
39.1. Changes in the quantity or character.of the Work within the scope of the Work which are
not properly the subject of Field Orders or Supplemental Instructions, including all
changes resulting in changes in, the line item prices, Contract value, or the Contract
Term, shall be authorized only by Change Orders approved in advance and issued in
accordance with the provisions of the City.
Bid No. 11-12-04D
Page 58
39.2. All changes to construction contracts must be approved in advance in accordance with
.the value of.the.Change Order or the calculated value of the time extension. All Change
Orders with a value of $25,000 or more shall be approved in advance by the City
Commission. All Change Orders with a value of less than $25,000 shall be approved in
advance by the City Manager or his designee.
39.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in
the Contract Price or Contract Time, and a Change Order has not been issued, City
reserves the right at its sole option to either terminate the Contract as it applies to the
items in question and make such arrangements as may be deemed necessary to
complete the disputed work; or submit the matter in dispute as set forth in Article 15
hereof. During the pendency of the dispute, and upon receipt of a Change Order
approved by City, Contractor shall promptly proceed with the change in the Work
involved and advise. the .Project Manager. and Contract Administrator in writing within
seven (7) calendar days of Contractor's agreement or disagreement with the method, if
any, provided in the Change Order for determining the proposed adjustment in the line
item pricing, Contract Value or Contract Term.
39.4. Under circumstances determined necessary by City, Change Orders may be issued
unilaterally by City.
40. Value of Change Order Work:
40.1. The value of any work covered by a Change Order or of any claim for an increase or
decrease in the Contract Value shall be determined in one of the following ways:
40.1.1. By mutual acceptance of an increase or decrease in line item price(s) which
Contractor and City acknowledge contains a component for overhead and
profit.
40.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge
contains a component for overhead and profit.
40.1.3. The addition of new line item prices.
41. No Damages for Delay:
No claim for damages or any claim, other than for an extension of time, shall be made or asserted
against City by reason of any delays except as provided herein. Contractor shall not be entitled
to an increase in the Contract Value or payment or compensation of any kind from City for direct,
indirect, consequential, impact or other costs, expenses or damages, including but not limited to
costs of acceleration or inefficiency, arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance
be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable;
provided, however, that this provision shall not preclude recovery of damages by Contractor for
actual delays due solely to fraud, bad faith or active interference on the part of City.
42. Force Majeure
42.1 Should any failure to perform on the part of Contractor be due to a condition of force
majeure as that term is interpreted under Florida law, the City may allow an extension of
time reasonably commensurate with the cause of such failure to perform or cure.
42.2 If the Contractor is delayed in performing any obligation under this Contract due to a
force majeure condition, the Contractor shall request a revision of the schedule to the
City within two (2) working days of said force majeure occurrence. Any revision of the
schedule shall be subject to mutual agreement and shall not be cause for any claim by
the Contractor for extra compensation unless additional work is required. Does Not
Include inclement weather except as permitted by Florida law or the acts or omissions of
Sub -Contractors, etc.
Bid No. 11-12-040 'Page 59
43. No Interest
Any monies not paid by City when claimed to be due to Contractor under this Agreement,
including, but not limited to, any and all claims for contract damages of any type, shall not be
subject to interest including, but not limited to prejudgment interest. However, the provisions of
Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid
and proper invoices.
44. Material Safety Data Sheets and Product Data
44.1 Contractor shall submit four copies of the Material Safety Data Sheets (MSDS) and other
of product data for all materials to be used in the performance of the Work. Each copy
must be marked to identify applicable products, and other data. Contractor shall
supplement manufacturer's standard data to provide information unique to the Work.
44.2 Contractor shall submit only pertinent MSDS and product data information. Submittals
shall be marked to identify pertinent products, with references to the specifications and
the Contract Documents.
44.3 The City may reject materials to be used in the performance of the Work where the
MSDS and product data submitted result in the City determining that the materials do not
meet the requirements of the Contract
45. Stop Work Order
45.1. The City may, at any time, by written order to the Contractor, require the Contractor to
stop all, or any part, of the Work for a period of up to ninety (90) days (or any lesser
period), commencing no sooner than the date the order is delivered to the Contractor,
and for any further period to which the parties may agree. Any such order shall be
specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within
the period of ninety (90) days (or the lesser period specified) after a Stop Work Order is
delivered to the Contractor, or within any extension to which the parties have agreed the
City shall either:
45.1.1. Cancel the Stop Work Order; or
45.1.2. Terminate the Work covered by such order as provided in Article 20.3.
45.2. If a Stop Work Order issued under this Article is canceled or the period of the order or
any extension thereof expires, the Contractor shall resume the Work without
compensation
46. Cleaning Up; City's Right to Clean Up:
Contractor shall at all times keep the premises (work zone or right of way) free from accumulation
of waste materials or rubbish caused by its operations. At the completion of the Work, Contractor
shall remove all its waste materials and rubbish from and about the Work Site(s) as well as its
tools, equipment, machinery and surplus materials. If Contractor fails to clean up during the
prosecution of the Work or at the completion of the Work, City may do so and the cost thereof
shall be charged to Contractor. If a dispute arises between Contractor and separate contractors
as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the
contractors responsible therefore as the City shall determine to be just.
47. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act:
Contractor shall not unlawfully discriminate against any person in its operations and activities or
in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall
affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in
the course of providing any services funded by City, including Titles I and II of the ADA (regarding
nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and
standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in
employment against disabled persons.
Bid No. 11-12-040 Page 60
Contractor's decisions regarding the delivery of services under this Agreement shall be made
without regard to or consideration of race; age, religion, color, gender, sexual orientation, national
origin, marital status, physical or mental disability, political affiliation, or any other factor which
cannot be lawfully used as a basis for service delivery.
48. Contingency Allowance
The City has established a Contingency Allowance for this Project, which shall be reflected in the
total contract sum. This allowance account is for use at the sole discretion of the City and shall
only be distributed through the issuance of a change order approved by the City. Contractor has
no entitlement to these funds as a result of the award of the Contract by the City.
49. Payment and Performance Bond
A 100% payment and performance bond is required for this project. Refer to Section 008000,
Article 4.
50. Davis Bacon Act
This project is not subject to the Davis Bacon Act.
51. Pricing and Payment
Bidders shall include in their bid all taxes, insurances, social security, workman's compensation,
and any other benefits normally paid by the bidder to its employees. No overtime will be
authorized by the City which exceeds the rates quoted in this solicitation or not authorized by the
City. Payments will be made monthly, in arrears, for services rendered the previous month, upon
submission of property certified invoices and/or approved inspection reports. All such information
shall be provided to the City Engineer for his/her approval in advance of payment. The contractor
shall pay his/her employees performing work under this contract not less than the federal
minimum wage in effect at the time of the contract.
52. Materials and Equipment
The bidder shall furnish, at his/her own expense, all equipment, materials or supplies, including
disposal fees, trash bags, oil, water, etc. necessary for completion of all the services specified in
this bid.. The contractor is not allowed to use the City's rights of ways for storage of any material
related to this contract.
53. Method of Award
This contract may be awarded to the two (2) lowest most responsive and responsible bidders for
all the Bid Items included in this contract, and whose bid conforms to the specifications and is
most advantageous to the City.
Award shall be based upon the pricing indicated on the Bid Form, pursuant to the Specifications.
The City may select two (2) bidders, with the lowest deemed the "primary vendor" and the next
lowest the "secondary vendor", in the order of overall lowest prices provided to the City. Should
the primary vendor not be able to provide the necessary service at the time needed or the
required work is beyond the ability or expertise of the primary vendor or the primary vendor fails
to perform as per Section 7 of the Public Works Construction Standards, the City has the option
to select the secondary vendor whom will be offered the work to complete in a timely manner.
The City additionally reserves the option to obtain quotes from either of the awarded vendor(s) for
a specific project(s) prior to the provision of the same. Should the City determined the primary
vendor's quote too high or incomplete, the City has the right to obtain a quote from the secondary
vendor, in order to obtain the required service in the most expedient manner and at the lowest
possible.
Bid No. 11-12-040 Page 61
54. Additions/Deletions of Services Required
Although this contract identifies specific terms and special conditions for work, it is hereby agreed
and understood that any other services may be added/deleted to/from this contract at the option
of the City or any govemment agency may utilize the same terms, conditions, and pricing by
approval from the bidder. The City of Miami will not be responsible for any agency outside the
City of Miami.
When an addition to the contract is required, the successful bidder under this contract shall be
invited to submit price quotes for any new service. If the quotes are comparable with market
prices offered for similar work as described in this contract, they shall be added to the contract
whichever is in the best interest of the City of Miami and an addendum and a separate purchase
order or change order shall be issued by the City.
55. Estimated Quantities
Engineering estimated quantities or estimated dollar value are provided for bidder's guidance
only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. The City is not•obligated to place an order for any given amount subsequent to
the award of this bid. Said engineering estimate may be used by the City for purposes of
determining the low bidder meeting specifications. The City reserves the right to acquire
additional quantities at the prices bid or at lower prices.
56. Emergency / Disaster Performance
In the event of a hurricane or other emergency or disaster situation, the successful bidder(s) shall
provide the City with the commodities/services defined within the scope of work for this bid at the
price contained within his/her bid amount. Further, the successful bidder shall deliver/perform for
the City on a priority basis during such times of emergency.
57. Contract Hierarchy
All of the documents incorporated by the Contract Documents shall govern this. Project. Where
there is a conflict between any provision set forth within the Contract Documents and a more
stringent state or federal provision which is applicable to the Contract Documents exists, the more
stringent provision shall prevail. The order of hierarchy within the Contract Documents shall be
the Contract, Scope of Work, Supplemental Conditions, General Conditions, and last shall be the
Instructions to Bidders.
58. Third Party Beneficiaries
Neither Contractor nor the City intends to directly or substantially benefit a third party by this
Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract
and that no third party shall be entitled to assert a claim against either of them based upon this
Contract. The parties expressly acknowledge that it is not their intent to create any rights or
obligations in any third person or entity under this Contract.
59. Warranty, Fitness for Purpose
The contractor warrants the materials supplied and the work performed under this contract
conform to warranty materials provided and work performed for one (1) year from date of
completion. In addition to all other warranties that may be supplied by the bidder, the
bidder shall warrant its products and/or service against faulty labor and/or defective material
for a minimum period of one (1) year after the date of acceptance of the labor, materials
and/or equipment by the City. This warranty requirement shall remain in force for the full one
(1) year period; regardless of whether the contractor is under contract with the City at the
time of any.defect. Any payment by the City on behalf of the goods or services received from
the contractor does not constitute a waiver of these warranty provisions. The contractor
shall be responsible for promptly correcting any deficiency, at no cost to the City, within five
(5) calendar days after the City notifies the contractor of such deficiency in writing. If the
Bid No. 11-12-040 Page 62
contractor fails to honor the warranty and/or fails to correct or replace the defective work or
items within the period specified, the City may, at its discretion, notify the contractor, in
writing, that the bidder may be debarred as a City bidder/proposer and/or subject to
contractual default if the corrections or replacements are not completed to the satisfaction of
the City within ten (10) calendar days of receipt of the notice. If the contractor fails to satisfy
the warranty within the period specified in the notice, the City may (a) place the contractor in
defaults of its contract, and/or (b) procure the products or services from another contractor
and charge the contractor for any additional costs that are incurred by the City for this work
or items; either through a credit memorandum or through invoicing.
Bid No. 11-12-040 Page 63
01000 SUPPLEMENTAL CONDITIONS
1. SCOPE OF WORK
Please refer to Section 00100. GENERAL INSTRUCTIONS TO BIDDERS for additional
information.
The City reserves the right to add and subtract any of the above mentioned work site location
types at its discretion and this work shall be performed in an "as needed" basis, pending approval
in writing of the Department's Director.
2. FENCING AROUND EXCAVATION
At the close of the work day, holidays, and weekdays, the Contractor shall install a fence (min. 4
ft. height) around the perimeter of all excavations. An adequate number of fence posts shall be
installed to maintain the fence in an upright and taut position. Any variance from this
requirement must be approved by the City Engineer. All cost for this requirement shall be
considered incidental to the work and no additional compensation will be allowed.
3. PROVIDING ACCESS TO RESIDENCES AND BUSINESS ESTABLISHMENTS
During construction of the improvement, safe access shall be provided by the Contractor to the
entrance of all residences and business establishments. Methods to be used shall be
determined by the Contractor with the approval of the Engineer.
4. EXCAVATION PERMIT
The Department of Public Works will issue a "no -fee" landscaping permit for this project if any
trees requires removal or planting.
The Contractor will be required to obtain the "no -fee" excavation permit from the Roadway/ Plans
Development Section of the Department of Public Works prior to the start of any construction.
Also, the contractor.will be required to obtain a City of Miami Police Permit, for more information
contact (305) 579-6566.
5. MAINTENANCE OF LANDSCAPING
Existing trees on private property and in the public right of way are to be protected. Trimming of
tress will not be allowed without prior approval from the Engineer. The services of a licensed
landscape contractor shall be retained for any trimming which is allowed and for all planting and
transplanting of trees as indicated by the Engineer.
Landscaping and structures existing on private property adjacent to the proposed work are to be
maintained and any replacement shall be of equal or better quality. Cost for maintenance of
landscaping shall be considered as incidental of the job and no additional compensation will be
allowed.
6. Planting — See attached Division 2A.
7. SODDING — See attached Division 2B.
8. TERMS OF THE CONTRACT
The successful bidder shall be required to enter into a contract with the City of Miami, which shall
include but not limited to, the following terms:
Bid No. 11-12-040 Page 64
1. The term of the Contract shall be for an initial term of one (1) year, commencing ten (10)
days after Notice To Proceed. The City shall have the option to extend the Contract for
four (4) additional one (1) year term periods each by giving the Bidder at least thirty (30)
days prior written notice. Refer to Article 7 of the Contract.
2. Extension of the term of the Contract beyond the initial period is an option to the City to
be exercised in its sole discretion, and which does not confer any rights upon the Bidder,
and shall be based on availability of funding and contractor's performance.
3. The City shall have the right,to terminate the Contract, for any reason whatsoever at any
time, upon thirty (30) days prior notice to the bidder.
4. The City shall have the right to include additional locations and they shall be subject to
the same bid price amount and scope of work as described herein.
9. PRICING AND PAYMENT
Bidders shall include in their bid all taxes, insurances, social security, workman's compensation,
and any other benefits normally paid by the bidder to its employees.. No overtime will be
authorized by the City which exceeds the rates quoted in this solicitation or not authorized by the
City. Payments will be made monthly, in arrears, for services rendered the previous month, upon
submission of property certified invoices and/or approved inspection reports. All such information
shall be provided to the City Engineer for his/her approval in advance of payment. The contractor
shall pay his/her employees performing work under this contract not less than the federal
minimum wage in effect at the time of the contract.
The price bid items shall be full compensation for fumishing all necessary labor, materials, tool,
means of transportation, all loading, unloading, and transport cost of diesel, debris disposal,
supplies, equipment, materials, and services necessary to perform all work required for the
complete installation and repair of the storm sewer system, any sheeting, shoring or bracing;
dewatering; disposing of excess or anchors as required; protecting existing utilities; marking all
pipe connections; cleaning and testing; placing and compacting backfill (including rock bed);
installing additional suitable backfill material and temporary paving- Type "A" mix, if required;
replacing to their original condition or better any damaged trees, shrubs, sod, sidewalks, HC
ramps, mail boxes, fences, walls, sprinkler systems, and all other similar items as required or
necessary; replacement shall be to original locations and to equal or better than original
conditions; and all other appurtenant and miscellaneous items and work.
The Survey Item is for the annual unit cost including all locations surveyed, submittals and shop
drawing "as -built" information including the F.D.E.P. recorded survey documents for the
abandonment of auger hole structures but excluding the survey work for the proposed deep
drainage well locations. All work to be performed by a certified Surveyor and Mapper and
submitted in an official Surveyor's book and ACAD files. The price for the survey work required
for an F.D.E.P. permit for a deep drainage well structure is part of the Proposal Item 49 and it is
not to be combined with the annual Survey Work Item 31 for this contract.
10. MATERIALS AND EQUIPMENT
The bidder shall furnish, at his/her own expense, all equipment, materials or supplies, including
disposal fees, oil, water, etc. necessary for completion of all the services specified in this bid. The
equipment shall include but not be limited to drainage excavation equipment, milling and
resurfacing, paint stripping, loaders, dump trucks, crane, etc. all as necessary to complete the
work. The item price must include the disposal of all concrete debris and litter collected by the
scope of this contract and no additional compensation will be allowed. The contractor is not
allowed to use the City's rights of ways for storage of any material related to this contract.
Bid No. 11-12-040 Page 65
11. LOCATION
Other locations as stated in Section 68 of this Section, will be provides by the City Engineer
pending reports from cleaning maintenance crew and field engineering. The prices for any
additional locations shall be subject to the Proposal Bid Prices and no additional compensation
shall be allowed for similar storm sewer repair location not mentioned in the above list of
locations.
12. REVISIONS TO DIVISION 1 - GENERAL CONDITIONS
(A) 7-10INSURANCE
The Bidder is alerted to the fact that All -Risk Builder Risk Insurance will not be required on this
job.
(B) 7-14 SIGNS
Delete description of a sign as stated in this paragraph and provide one construction sign in
accordance with Sketch Misc. 35-89-5-R bound in Division 5 of these Specifications, at each
location where construction is in progress.
(C) 8-1 FIELD OFFICE
A field office will not be required.
(D) FAILURE TO COMPLETE WORK ON TIME
Add the following to Section 6-9:
If the Contractor's performance of this Contract is delayed by acts of the owner or other
subcontractors, suppliers and contractors, materialmen, architects and/or engineers, the
Contractor may request an extension of time from the owner in writing within twenty days of the
event by which the delay occurred, but the Contractor shall not be entitled to an increase in the
Contract price or claims or damages because of the delay or because of any acceleration in its
work.
(E) 9-5 PARTIAL AND FINAL PAYMENTS
The Contractor shall supply to the Engineer, no later than the date of the Pre -Construction
Meeting, or ten (10) days before the start of construction, whichever is later, a complete list of all
subcontractors to be used on the project. Authorization to deviate from this list shall be requested
and secured from the Engineer in writing before any substitutions are allowed. All pay requests,
except the first draw, shall be accompanied by duly executed affidavits or releases of claim, as
stated in this section, from all subcontractors who appear in the above list. In the event no
subcontractors perform work during a specific period covered by a monthly pay request, said pay
request shall be accompanied by an affidavit certifying same. Failure of Contractor to obtain final
releases of lien within six (6) months of substantial completion (said date of substantial
completion to be determined by the Architect of Record and/or the Engineer) will entitle the City to
deposit any retained funds in an escrow account for the Contractor's benefit. The Contractor
shall not be entitled to any interest on said retained funds and agrees to waive any claims for
prejudgment and/or postjudgment interest. Additionally, the City will be entitled to charge
reasonable administrative expenses for the administration of said escrow account, said expenses
to be deducted from the escrow fund. After the expiration of six (6) months from the date said
funds are deposited in an escrow account, if the Contractor has still failed to obtain final releases
Bid No. 11-12-040 Page 66
of lien, any retained sums shall be forfeited by the Contractor and said sums shall become the
property of the City forits sole use.
(F) 6-9a NO DAMAGES FOR DELAY
No payment, compensation, increase in contract price or adjustment of any kind (other than the
extension of time provided for) shall be made to the Contractor for damages because of
hindrances, disruptions or delays from any cause whatsoever in the progress of the work,
including, but not limited to, hindrances, disruptions or delays caused by acts of the owner, other
contractors, subcontractors, suppliers, materialmen, architects and/or Engineers whether such
hindrances, disruptions or delays be avoidable or unavoidable. The Contractor agrees that he will
make no claim for compensation, damages or mitigation of liquidated damages for any such
delays, or acceleration in the work, and will accept in full satisfaction for such delays, disruptions,
hindrances or acceleration in the work said extension of time.
13. ADDITIONS AND REVISIONS TO INSTRUCTION TO BIDDERS
(A) PAYMENT ITEMS
Any work not specifically mentioned in the payment Items listed in the Proposal, but indicated on
the Plans and/or Specifications, shall be considered as incidental to one or more of the payment
Items, and no claim for additional compensation will be allowed. The Bidder shall not add to the
listed Items nor combine any of the Items.
14. FLORIDA SALES TAX
Bidder is referred to Division 1 - General Conditions, Section 7-7 Florida Sales Tax. All bids shall
reflect the cost of these taxes. It will be the Contractor's responsibility to forward this tax to the
Florida Department of Revenue.
15. UNDERGROUND GAS PIPELINES
The Florida Legislature recently passed legislation (CS-645) pertaining to the protection of
underground gas pipelines and related facilities. This legislation requires, in part, that persons
making excavations in public or private streets obtain information on the location of underground
gas pipelines and provide notice of intent to excavate.
Further provisions of this legislation include: Requiring the marking of underground gas pipelines
by the owner upon notice of intent to excavate; prohibiting the issuance of excavation permits
unless such notice has been given; requiring notice of damage to or dislocation of underground
gas pipelines by the excavator; providing for emergency excavation without notice; and
prescribing liability of excavator for negligence.
16. PROVISIONS FOR SPECIAL ITEMS
To provide a fund for contingent work described below, the Contractor shall include in his
Proposal under Bid Item No. 50 "Provisions for Special Items", the Cash Allowance Sum of Eighty
Five Thousand Dollars ($85,000.00). This fund shall be used to pay for the following when not
provided for on the Plans, in the Specifications, or in another Item of the Proposal:
(A) The necessary adjustments or relocation of Miami -Dade Water and Sewer Authority
water mains, which may or may not appear on the Plans or in the Specifications. Note
that the cost for water mains adjustments are limited to the amount invoiced by Miami -
Dade Water and Sewer Authority.
Bid No. 11-12-040 Page 67
(B) The adjustment, removal, or reconstruction of any City -owned structures, not shown on
the Plans nor specifically mentioned in the Specifications.
(C) Uniformed Police.
(D) Other unforeseen surface or underground adjustments or additional work not included on
the Plans nor in the Specifications.
The amount of such construction adjustments, services and/or work, are rough estimates only
and shall be done only as directed by the City Engineer, who shall approve all charges which will
be paid for from the funds set forth for Provisions for Special Items. All construction adjustments,
and/or extra work that is done by the Contractor without previous written approval by the
Engineer, shall be considered incidental to the job and the City will not be liable for extra
compensation. Any portion of said Allowance remaining after all authorized payments have been
made, will be withheld from Contract payments. _.
17. DESCRIPTION OF PLANS
A typical construction plan shall be used for this project and contains typical locations for new'
drainage systems and replacement of the exiting drainage system, if there are new storm sewer
systems to be added. In the case of replacement of existing cross pipes, there will be a copy of
the "as -built" survey information to be use for construction purposes.
• New Drainage System: consists of 100 feet minimum, 18" - 24' French Drain, 30 feet
minimum of 15", 18" of 24" cross pipe, two type "D" catch basins with hinged frame and grate
and two type "A" manholes with City of Miami cover logo, including asphalt aprons, adjacent
surface restoration as per Misc. 35-87-13, 1-1/2" thick Type S-III asphalt pavement, traffic
paint striping, etc.
• Replacement of the Existing Drainage System: consists of a minimum of 80 linear feet of 10"
or 12 " open joint concrete or clay pipe, core drilling two type "D-4" catch basins or the
existing structures to accommodate a new 15" or 18" French drain system. If the work occurs
within the swale area, the contractor shall replace the area to the same or better condition as
before the work started. NOTE: this item does not include the removal of the existing storm
sewer system and if any structure is required to be replaced at the same location of the
existing to be removed, the cost of removal of the structure shall be incidental to the work and
no additional compensation shall be allowed for structures removed under the same vertical
plane as the proposed structure.
• Replacement of existing cross pipes: consists of the same linear feet of cross pipe to be
replace by same diameter of pipe (10" to 15") as instructed by the Engineer. This item shall
include cutting of the asphalt (2 ft. on each side) or removal of the swale area in order to
reveal the existing pipe; trench around the cross pipe a minimum of 6 inches, removal of the
existing pipe, placement of new reinforced concrete pipe, install the new cross pipe at same
invert elevation as the removed cross pipe, mortar at structures, back fill the area with
appropriate fill material, compact with typical 8-inch limerock base and install 4 feet minimum
of Type S-III A.C. concrete pavement — 1 1/2 -inch thick along the sawcutted trench. The
backfill shall conform to Misc. 35-87-13.
• New deep drainage well structures: which consist of the placement of a concrete reinforced
manhole or catch basin type structure, a 100' to a 200' deep pipe drilled to an acceptable
discharge ground layer, 8" to 12" diameter well shall be constructed at each location. All deep
well installation must be permitted by FDEP and the contractor will be responsible for the
proper FDEP application/permit. The price for Item 49 includes the cost for the certified
survey required by FDEP to complete the application for a new deep drainage well structure
including recording the documents at the County Clerk's Office.
• Abandonment of Auger Hole Structures: consists of working inside a structure by saw -cutting
the existing CMP pipe to match the structure's bottom elevation, fill up deepest 2 ft of the
existing auger pipe with 0.23 cubic yards of 3/" gravel and the rest of the existing pipe to be
Bid No. 11-12-040 Paee 68
filled with 0.79 cubic yards of flowable fill. The price of the required certified survey is
included. in Item 31 — Survey Work..This item includes the required FDEP application for
abandonment, permit process and recordation of the required documents with the County
Clerk's Office in order to obtain a final permit with F.D.E.P.
• Installation of Flap valves: Red Valves or approved equal. Refer to Division 5.
18. CONSTRUCTION SCHEDULE
Prior to the beginning of any work under this Contract, the Contractor shall meet with the various
utility companies concerned and the City of Miami Engineer. The purpose of this meeting is to
coordinate all aspects of the work to be accomplished under this Contract.
A detailed sequence of construction shall be submitted to the City by the Contractor. Scheduling
of all work shall be as approved by the City Engineer.
19. REVISIONS TO DIVISION 4 - CONSTRUCTION METHODS
(A) PAVEMENT REPLACEMENT OVER TRENCHES
In Section 407-5.1 delete: "Unless otherwise specified, the type of pavement
constructed shall be the same as the type of pavement removed" and in its place insert:
"The type of pavement constructed shall be the same as the type of pavement removed
or one and one half (1 - 1/2") inch asphaltic concrete, Type S-III, at the direction of the
City Engineer.
B) STORAGE SITE
Add to 402-1 the following paragraph:
"There is no City property in this area available for use as a storage yard for this
improvement. The Contractor shall provide his own storage site."
(C) Sidewalk and Curb and Gutter Construction. To Section 408-1, add the following:
The Construction of concrete sidewalk shall be separate and distinct for the construction
of concrete curb and gutter. "No monolithic pour of concrete for sidewalk and curb or curb
and gutter combined shall be allowed. Extruded curb or curb and gutter shall not be
allowed."
(D) FRENCH DRAINS.
Revise Section 405-1.3.1 to read as follows:
Filter fabric shall be used in all French Drain construction and the cost for all labor,
equipment and materials. to complete its installation shall be included in the unit price bid
for the structure or French Drain as listed in the Proposal. Installation shall be in
accordance with Sketch No. 35-86-26A (R-4) found in Division 5 of these Specifications.
The bottom of the trench for French Drains shall be cut to the elevation indicated on the
Plans but in no case shall there be less than two (2) feet of ballast rock below the invert
of the pipe. The invert of the pipe for French Drains shall be at the elevation shown on
the Plans or as directed by the City Engineer.
Bid No. 11-12-040 Page 69
The ballast rock shall extend from the bottom of the trench to a minimum of six inches
over the top of the pipe.
20. REVISIONS TO DIVISION 5 - STANDARDS
(A) The reinforcing in the bottom slabs of catch basins, where 16-inch diameter holes are
used, shall be three #5 equally spaced bars around bottom slab with 3-inch clear from
outer edges of the footing and 2- inch clear from the bottom of the footing.
22. TRAFFIC CONTROL
Traffic will be controlled by the Traffic Section of the City of Miami Department of Police, and
Department of Public Works during construction. Traffic shall be maintained at all times where
directed by the City Engineer. A traffic permit, from the Department of. Police will be required.
Sufficient lights, barricades and traffic signs shall be provided, placed and, maintained by the
contractor at all times in order to properly safeguard traffic and the public. Traffic shall be
maintained at all times, where directed by the City Engineer. In the event that any street must be
closed to traffic or detoured, it shall be closed or detoured only after approval of the Department
of Police and the Department of Public Works of the City of Miami, and after notifying the City of
Miami Fire Department.
The following additional requirements will also be enforced:
All traffic control devices used on local street construction shall conform to the standards and
specifications of Metro Traffic Division.
Steel plates or bridging capable of supporting H-20 loading and temporary asphalt pavement
shall be used where necessary to comply with these requirements.
All cost for traffic control, except for uniformed police as specified in Division 1, Section 3-2, shall
be included in other parts of the work.
22. DESCRIPTION OF PROPOSAL
The proposal has been broken up into various bid items for convenience in evaluating bids, and
administering the contract. The price quoted for each lump sum and unit price item shall include
all costs for labor, materials, and equipment necessary to construct the improvements in
accordance with the specifications. Items of work not specifically mentioned but necessary to
create a finished and complete work product shall be assumed to be a part of one or more
Proposal Items and shall be furnished at no extra cost to the City.
BASE BID is the sum of Proposal Items 1 through 50 based on a one year completion time.
23. PARKWAY GRADING
Where storm sewer facilities are installed in the parkway, surface restoration shall consist of
shaping the parkway as required to direct -and conduct storm water to the catch basins. The extent
of the grading shall be determined by the Engineer to suit field conditions and shall include,
parkway grading, outside of the area of construction for a distance not to exceed 100 linear feet for
each catch basin installed, measured from the outer edge of the pavement around the catch basin.
No grading will be required in paved areas, unless otherwise specified on the Plans or directed by
the Engineer.
Bid No. 11-12-040 Page 70
All disturbed grass area shall be restored to their original condition with suitable soil and full sod of
the same species. All cost for parkway grading, driveway restoration, sod restoration, tree and
palms replanting are included in the unit price bid items for structures and no additional
compensation will be allowed.
24. PERFORATED ALUMINUM PIPE
Where perforated aluminum pipe is used for French Drain, the perforations shall be spaced 360
degrees around the pipe, placed so as to give 30 perforations per square foot of pipe surface. The
rows of perforations shall be either on the inside crests or on the neutral axis of all corrugations;
perforations are not required within 4-inches of each end of each length of pipe or in the
corrugations where the seams are located. The perforations shall have a diameter of 3/8-inch.
The lengths shall be connected with one piece band couplers, 12-inches wide and fastened with
two or three 1/2-inch diameter galvanized steel bolts. The bands shall be either corrugated,
dimpled or flat bands. Neoprene gaskets will not be required on perforated pipe. Unless
otherwise shown on the Plans, the pipe material shall be solid aluminum and conform to the
following applicable specifications: formed of alloy 3004-H34 and conform to AASHTO M-196 or
AASHTO M-211.
25. NON -PERFORATED ALUMINUM PIPE
Non -perforated pipe shall be corrugated aluminum pipe, alloy 3004-H34, 12 and 14 gauge nominal
sizes. Pipe shall conform to the requirements of AASHTO M-196 and AASHTO M-211. Pipe
entering catch basins or manholes shall be standard (non -perforated) pipe. The lengths shall be
connected with one piece band couplers and neoprene gaskets. The band couplers shall be 12
inches wide and fastened with two or three 1/2-inch diameter galvanized steel bolts. The bands
shall be equal to or not Tess than one gauge lighter than the pipe and may be either corrugated,
dimpled or flat bands. The corrugated or dimpled band shall have a neoprene gasket of 3/8-inch
thickness and width not Tess than 3-inches. The flat band shall have a neoprene gasket with a
minimum thickness of twice the depth of corrugations and width not less than 3-inches. Two
gaskets shall be required for each pipe joint, equally spaced on either side of the joint and
completely covered by the band coupler. Metal pipe in contact with concrete structures shall be
field coated with Bitumastic Asphalt conforming with the requirements of AASHTO M-115.
26. QUALITY OF WORK
The Contractor agrees to do work, covered under this Contract, to the best of his ability and
conforming to specifications contained or referred to in this Contract and of a quality acceptable
to the trades. The Contractor further agrees to follow appropriate work drawings or sketches
giving him and to follow instructions, either verbally or written, issued by the City insofar as said in
instructions come within the scope and limitations of this Contract. The Contractor further agrees
to comply with specifications included, or referred to, in these contract documents, and when
working within Department of Transportation, City and County jurisdictional areas to comply with
the appropriate specifications and regulations. The Contractor further agrees to use construction
equipment which is sage and maintained in good workable condition and to furnish proper
direction and supervision to work crews and workmen doing work under this Contract.
All cleaning shall be accomplished to the satisfaction of the City Engineer or his authorized
inspector before the new structures will be accepted as completed for purposes of payment.
27. RESPONSIBILITY OF THE CONTRACTOR (Additional to Section 7.2 in the General Conditions)
The Contractor shall schedule his work in such a manner and provide the proper supervision so
as to cause the minimum of conflict or delay to the work of utility companies working within the
area.
Bid No. 11-12-040 Paee 71
The Contractor will be held responsible for any delay in time and/or damage to existing
structures, foundations, utilities, or other existing features because of omission or neglect by
himself or his employees. Any property damage by his operations shall be replaced to its original
condition at no extra cost to the City. The City of Miami Engineer will be the mediator in all such
cases wherein the contractors or the utility companies are in dispute concerning lost time or
property damages.
The Contractor shall abide by these judgments and decisions in all cases. If the contractors
performance of this contract is delayed by acts of the City or others subcontractors, suppliers and
contractors, materialmen, architects and/or engineers, the contractor may request an extension of
time from the City in writing within twenty days of the event by which the delay occurred, but the
contractor shall not be entitled to an increase in the contract price or claims or damages because
of the delay or because of any acceleration in its work.
28. SUPERVISION
It is not the City's intention, nor responsibility to coordinate the many activities of the Contractor
necessary to complete a project. The City responsibility is to see that the project is carried on in
accordance with the Plans and Specifications. In many of our past jobs we have experienced
difficulty because of the lack -of adequate superintendents. THE CONTRACTOR IS HEREBY
ALERTED, AS PART OF THESE CONTRACT DOCUMENTS, THAT A COMPETENT
SUPERINTENDENT SHALL BE IN RESPONSIBLE CHARGE OF THE JOB AT ALL TIMES. .
29. PIPE FINISHING
All pipes entering catch basins and manholes shall be cut flush with the inside face of the
structure and finished in a neat workmanlike manner. In addition to this, all aluminum pipe shall
have all field cuts ground smooth so as not to leave burrs or rough edges at and within joints and
shall be ground flush with inside face of structure.
30. SETTLEMENT OF TRENCH BACKFILL AND/OR ADJACENT GROUND
If the trench backfill and/or adjacent ground settles or depressions should occur during or after
the construction of a drainage structure, and in the opinion of the Engineer the settlement or
depression could be the result of a structural failure or improper pipe joint, then the Contractor
shall uncover the structure or pipe as directed by the City Engineer so it can be examined to
determine the cause of failure. The Contractor shall make all necessary repairs, backfill the
excavated area and restore the surface to the satisfaction of the City Engineer.
All costs for this work, including the case where the settlement or depression was not the result of
a structural failure or improper pipe joint, shall be considered incidental to the general work and
no additional compensation will be allowed.
31. PURCHASE AND USE OF LOCAL PRODUCTS AND SERVICES
In order to stimulate the local economy of Miami and Miami -Dade County, the City Commission of
Miami has adopted Resolution 75-673, a copy of which will be found just preceding this Division
2.
32. FILTER MATERIAL FOR FRENCH DRAIN
The lump sum Bid in the Proposal shall include the cost for the filter material and all labor and
equipment necessary for its installation, and no additional compensation will be allowed. The
following filter fabrics are approved for use on this project:
Bid No. 11-12-040 Page 72
Polyfilter "X" - manufactured by Carthage Mills, Inc., 124 West 66 Street, Cincinnati,
Ohio.
2. Amoco Style 4545 - manufactured by Amoco Fabrics Co., 550 Interstate North Parkway,
Suite 150, Atlanta, Georgia 30099.
3. FIBRETEX Geotextile Fabric Grade 200 - manufactured by Crown Zellerback.
4. Trevira 1114 or 1115 - manufactured by Hoechst Fiber Industries, P.O. Box 5887,
Spartenburg, S.C.
5. Polifelt 500 Chemie Lenz - manufactured by Geodynamics, P.O. Box 2247, Boca Raton,
Florida 33427.
6. Bidim U-14 - manufactured by Quline Corporation, 6210 N. Sheldon Road #2412,
Tampa, Florida 33615.
The Contractor should submit a request in writing for approval of fabrics not appearing on this list.
33. UNDERGROUND UTILITIES NOTIFICATION CENTER
The Contractor is alerted that underground utilities exist in the vicinity of the proposed work and
that he should notify the Utility Notification Center for Location at telephone number 1-800-432-
4770 at least 48 hours prior to digging for utilities verification in the field.
34. CLEAN-UP OF CONSTRUCTION AREA.
Upon completion of construction, the project site shall be cleaned to the satisfaction of the City
Engineer. All trash and other construction debris shall be removed from the job site on a daily
basis at no additional expense to the City.
35. EXCAVATION PERMIT FEE
The Department of Public Works will issue an excavation permit for this project.
The Contractor will be required to obtain an excavation permit from the Roadway/Permitting
Section of the Department of Public Works prior to the start of any construction. Contractor will be
charged a fee for all required permits with Police and other Departments/Agencies.
36. DEFACING OF NEW AND EXISTING CONCRETE AND PAVEMENT
It shall be the Contractor's responsibility to preserve the condition of existing and newly
constructed concrete sidewalk, curb and/or gutter and pavement. Any damaged pavement or
concrete defaced with sticks, nails, footprints, etc., shall be replaced at the Contractor's expense.
37. RIP -RAP
Rip -Rap bags of sand and cement shall meet the requirements of the Florida Department of
Transportation for Rip -Rap construction. Additionally, the ratio of sand to cement shall be 4.5 to
1. The materials shall be thoroughly mixed in a dry condition until uniform in color, placed in an
approved bag and saturated with water after installation.
Bid No. 11-12-040 Page 73
38. SITE INSPECTION
The Contractor shall examine all sites of work available, inform himself in regard to all conditions
pertaining to the place where the work is to be done, and fully satisfy him relative to the work to
be performed prior to submitting the bid.
39. REWORKING EXISTING DRAINAGE STRUCTURES
All existing catch basins that are to remain and/or connected to the proposed storm sewer shall
be reworked, if necessary, by replastering interior walls, all to the satisfaction of the Engineer.
The cost for all reworking of catch basins shall be included in lump sum bid items of the Proposal
and no additional compensation will be allowed.
40. SURVEY WORK
The Contractor will retain or employ a Professional Land Surveyor to lay out all storm sewer
construction and provide final measurements at the end of each contract year.
At the project pre -construction meeting, to be attended by the Contractor's Surveyor or survey
representative, the representative will be provided a packet of information, from the City of Miami
Survey Section, showing the format used by the Public Works Department. The Contractor is
advised that the survey work, including required final measurements, shall be according to Public
Works Standards and are an integral part of the project. The project term will not be considered
complete until the final measurements are approved by the City Engineer.
Layout is to be under the supervision of the Professional Surveyor. The center line of catch
basins and an offset line parallel with the center line of the pipe will be marked by nails and discs
at intervals of no more than 50' (fifty feet). Distances between manholes will be accurate within
0.10 foot and elevations of the offset points will be determined with an accuracy of + 0.03 foot.
Offset points are to be painted with a good quality traffic paint with the distance from the catch
basin and the low invert. This information is to be shown in the approved field book and on a cut
sheet form provided by the City Engineer. All cut sheets are to be delivered to the City Engineer
only. These cut sheets shall be reviewed by the City of Miami Survey Section to insure that
Public Works Standards are being met. Field books will become the property 'of the City
Eng ineer.
All notes will show the relationship of the installations to the City of Miami's monument line. All
elevations are to the City of Miami Datum.
The final measurements will include accurate horizontal and vertical location of all construction.
This includes, but is not limited to grate, invert and bottom elevations of catch basins and size
and type of all pipe, asphalt overlay, and elevation of ground 'or sidewalk above exfiltration
systems. All final measurements are to be in the form of field notes clearly and legibly drawn in a
Keuffel and Esser field book #82.0008 or Dietzgen No. 403 V.
All books shall contain a front index referencing both street location and catch basin numbers.
These notes are to become the property of the City Engineer after certification as to accuracy by
a Professional Land Surveyor licensed in the State of Florida. Staking and final survey notes
shall be cross referenced each to the other.
The Surveyor works for the Contractor but shall be available on a full time basis to answer any
questions the City Engineer may have. All costs for survey work shall be included in Bid Item in
the Proposal.
Bid No. 11-12-040 Paee 74
The Contractor is alerted that failure to follow these Public Works Standards will result in the
enforcement of Section 9-6 Item (f) of the General Conditions 'WITHHELD PAYMENTS".
For abandonment of auger hole structures, the Surveyor must identify each location and present
to the City the latitude and longitude coordinates. Each certified survey must be presented
individually per structure in order to comply with the F.D.E.P. regulations that depict the exact
location of the abandoned structure and the connection to the proposed drainage system. The
cost of this survey is part of the Survey Work Proposal Item because other storm sewer systems
will be installed at the existing structure once abandoned. The survey for such work will be
recorded in the County's Clerk Office and the application for well abandonment including latitude
and longitude coordinates will be provided to the F.D.E.P. by the contractor for final permit
approval.
For installation of deep drainage well structures, the Surveyor must comply with the rules and
regulations established by the F.D.E.P. for installing deep drainage structures The price for the
survey work required for a permit of a deep drainage well structure is part of the Proposal Item for
installation of a deep drainage well and it is not to be included in the Survey Work Item. Each
deep well structure must be identified with latitude and longitude coordinates in individual certified
surveys that will be then recorded in the County's Clerk of Court.
41. PRECAST STRUCTURES
The Contractor shall submit detailed shop drawings of precast structures for approval by the
Engineer prior to pouring of the structures in accordance with Section 2-8 of the General
Conditions.
Precast structures shall be placed to proper grade and shall not be used as a tamper for
compaction or to lower or adjust the elevation of the structure. Any precast structures that are
mishandled or dropped from heights greater than 6-inches shall be subject to being removed from
the project and rejected at the City Engineer's discretion.
42. REMOVAL OF EXISTING STORM SEWER MAINS AND CATCH BASINS
Existing storm sewer mains and catch basins which are in the same vertical plane as the
proposed work, regardless of difference in elevations and where noted on the Plans to be
removed, shall be removed in their entirety and disposed of with all costs to be included in other
parts of the work. The Contractor is alerted that Section 403-2.2 prohibits the reuse of metal
castings and requires their delivery to the Operations Division of Public Works.
43. SURFACE RESTORATION
Pavement, sidewalk, curb and gutter replacement in this project will be permanent, refer to Misc.
35-87-13 in Division 5. The Contractor shall remove and replace only the amount of pavement,
sidewalk, curb and gutter necessary to accomplish pipeline construction or as shown on the
Plans. Payment for the replacement of all type of pavement, sidewalk, curb and gutter over
excavations shall be included in the lump sum price for each location as described in the
Proposal. No additional compensation willbe allowed for restoration of pavement, sidewalk, curb
and gutter, driveways and sod disturbed by the Contractor's construction and construction
activities or for restoration.
44. DUST PREVENTION
The Contractor is alerted to Division 4 - Construction Methods, Section 400-11 pertaining to Dust
Prevention.
The City intents to enforce this section to a greater degree than on past projects and if necessary
Bid No. 11-12-040 Page 75
will limit the number of catch basin sections constructed prior to resurfacing. The City Engineer
shall have the authority to require the Contractor to .remove the dust from the street by
mechanical means after the temporary patch has been placed, increase the frequency of water
spraying and reroute equipment bringing in backfill and/or removing excess material or supplies
necessary for construction.
All cost for dust prevention shall be included in other part of the work.
45. FINAL RESURFACING
No more than 20 calendar days (excluding inclement weather) shall elapse from the time that a
street is opened for trench excavation until time the final asphaltic surface overlay course is
constructed. Failure to comply with this requirement will result in the withholding of all future cut
sheets and the issuance of a stop order on all until such time that the storm sewer construction is
completed with a final asphaltic surface course. Final restoration to comply with Misc. 35-87-13.
46. SANITARY SEWER LATERAL REPLACEMENT
Sanitary sewer laterals in conflict with the proposed French Drain shall be relayed where possible
between the right of way line and the mainline sewer. An initial finding must first be made by the
City Engineer to determine if the lateral can be adjusted to a higher or lower elevation. If the
lateral can be, adjusted, then the Contractor shall relay the lateral from the private property
connection to the mainline sewer. This relaying shall include adjustments to cleanouts and
fittings in the vicinity of the property line on private property with approved adapters and fittings.
Payment for lateral replacements will be based on actual quantity of pipe installed between the
private property connection and the mainline sewer.
47. TYPE II CEMENT
All concrete and masonry work in conjunction with the storm sewer installation, excluding
sidewalk, curb and gutter and concrete encasements, shall be accomplished with Type II
Cement, unless otherwise called for specifically in the Plans.
48. DUCTILE IRON AND CAST IRON PIPE
The Contractor shall have the option of substituting Cast Iron Pipe for Ductile Iron Pipe at no
additional cost to the City.
49. SAFETY
The Contractor is alerted that the State of Florida has adopted the "Trench Safety Act" for the
purpose of incorporating current OSHA trench safety standards into municipal construction
projects. The basic safety requirements are as follows:
49.1. Excavating and Trenching
a. Before opening any excavation, efforts shall be made (including utility company
contact) to determine if there are underground utility installations in the area, and
they shall be located and supported during the excavation operations.
b. The walls and faces of trenches 5 feet or more deep and all excavations in which
employees are exposed to danger from moving ground or cave-in shall be
guarded by a shoring system, sloping of the ground, or some other equivalent
means.
Bid No. 11-12-040 - Page 76
c. In excavations which employees may be required to enter, excavated or other
material shall be effectively stored andretained at least 2 feet or more from the
edge of the excavation.
d. Daily inspections of excavations shall be made by a competent person. If
evidence of possible cave-ins or slides is apparent, all work in the excavation
shall cease until the necessary precautions have been taken to safeguard the
employees.
e. Trenches 4 feet deep or more shall have adequate means of exit such as ladders
or steps, located so as to require no more than 25 feet of lateral travel.
49.2. Head Protection
a. Head protection equipment (helmets) shall be worn in areas where there is a
possible danger of head injuries from impact, flying objects or electrical shock
and burns.
b. Helmets for protection against impact and penetration of falling and flying objects
shall meet the requirements of ANSI Z89.1-1969
c. Helmets for protection against electrical shock and burns meet the requirements
of ANSI Z89.2-1971.
A separate Bid Item for the cost of compliance with the Trench Safety Act has not been included
in the Proposal for this project. However, the cost of compliance shall be included in other.
portions of the work and no additional compensation will be allowed.
50. ASPHALT PRIME COAT COVER SAND
Cover sand for limerock base prime coat shall be hot asphalt coated prior to application.
51. ASPHALTIC CONCRETE DESIGN MIX
The asphaltic concrete surface course shall be Type "S-III", as submitted by the local asphalt
suppliers and approved by the City Engineer.
Asphaltic concrete mix for surface courses shall meet the requirements of Florida Department of
Transportation Specifications for Type "S-III", Asphaltic Concrete, Section 331-1 through Section
331-5.
All new design mixes shall be submitted to the Department of Public Works for approval of the
City Engineer.
52. MAINTENANCE OF LANDSCAPING
Existing trees on private property and in the public right of way are to be protected. Trimming of
tress will not be allowed without prior approval from the Engineer. A permit is required for this
work (root pruning, tree trimming, tree relocation and planting). The services of a licensed
landscape contractor shall be retained for any trimming which is allowed and for all planting and
transplanting of trees shown on the Plans.
Landscaping and Structures existing on private property adjacent to the proposed work are to be
maintained and any replacement shall be of equal or better quality. Cost for maintenance of
Bid No. 11-12-040 Page 77
landscaping shall be considered as incidental of the job and no additional compensation will be
allowed.
53. TRANSPLANTING EXISTING TREES AND PALMS
Existing trees shown on the Plan to be relocated shall be root pruned. A tree permit is required for
this work. In preparation for moving, a minimum of six (6) weeks and a maximum of twelve (12)
weeks prior to installation. Ball sizes shall be as specified in Grades and Standards, for Nursery
Plants - Part II Palms and Trees, Charles S. Bush, Department of Agriculture.
Trees shall be braced in three directions with clean sound 2" x 4" lumber. Stakes shall be driven
at the base of each brace to prevent slippage. Bracing may be nailed to the 2" x 4" blocking about
tree trunk. Blocking however, shall be banded at two places, not nailed.
No guarantee and no root guard will be required for transplanted trees, however, they shall be
planted and maintained according to the highest nursery standards.
In the event that transplanted trees die before acceptance of the Highway contract, they shall be
removed and the resulting holes filled and sodded.
It is required that tree relocation be done by a competent landscape company or nursery
knowledgeable and experienced in this type of work to insure a successful transplanting job.
54. PROTECTION OF EXISTING UTILITY POLES
The Contractor shall ensure that the existing utility poles are properly protected during installation
of the pipes and structures and shall coordinate with the utility pole owner any safeguards
necessary to protect the utility pole including bracing of the pole during construction, if necessary.
All costs for the protection of the utility poles and any cost for the temporary bracing by the utility
pole owner shall be the responsibility of the Contractor and shall be included in the lump sum
items of the proposal. No additional compensation for this service shall be allowed.
55. MOBILIZATION
The cost of mobilization for the locations described in the location list, Section 11 of these
Division, shall be included in the lump sum bid items in the Proposal for each location.
The Bid Proposal Item for Mobilization, is for additional location(s) that may be added to this
project at the discretion of the Engineer.
56. ADJUSTMENTS BEHIND PROPERTY LINES
Adjustments to approach walks and driveways on private property shall be made at a slope no
greater than 1:12. Adjustments to existing ground on private property shall be sodded and made
at a slope no greater than 1:3. All adjustments of driveways and walks shall be of a matching
type. All costs for adjustments on private property shall be incidental and no additional
compensation will be allowed.
57. MATERIALS OF EXCAVATION
Materials of excavation shall include all materials encountered. Any unforeseen obstacles or
debris encountered shall be removed and will be considered as incidental to construction and
Bid No. 11-12-040 page 78
additional compensation will not be allowed. All street excavation shall be accomplished
according to Division.4, Section 404-1 of the Standard Specifications for Public Works.
58. EXISTING UNDERGROUND STRUCTURES
The contractor must contact the various utility companies to obtain the location of the existing
underground utilities prior to beginning any excavation work.
Caution shall be exercised by the Contractor in grading operations as some existing underground
utilities have a minor cover. The Contractor shall be responsible for replacing any underground
facility broken or dislocated during construction for which sufficient underground information has
been provided by the utility companies.
Any sanitary sewer lines, laterals or storm sewer lines damaged during construction shall be
repaired at the Contractor's expense.
It has been the City's experience on previous projects that problems related with building access,
drainage and dust control where created due to inadequate construction scheduling. These
problems were further aggravated when work on partially constructed streets remained idle for
excessive periods of time.
59. COMMENCEMENT OF WORK
Prior to the start of any work under this Contract, The Contractor shall meet representatives of the
Department of Public Works and the various utility companies to coordinate the work.
All work shall proceed in an orderly, progressive fashion and in a manner and sequence that will
minimize drainage and dust control problems and insure the least possible in convenience to
traffic and property owners in the project area,
60. COORDINATION WITH SEPARATE CONTRACTORS
Prior to the beginning of any work under this contract, the Contractor shall meet with the various
utility companies concerned, and the City' of Miami Engineer. The purpose of this meeting is to
coordinate all aspects of the work to be accomplished under this Contract.
The contractor shall coordinate his work to cooperate fully with the other contractors, and all utility
companies working in the area.
The Contractor shall schedule his work in such manner and provide proper supervision so as to
cause a minimum amount of conflict or delay to other contractors and utility companies.
A detailed sequence of construction shall be submitted to the city by the Contractor. Scheduling
of all work shall be as approved by the Engineer.
The Contractor will be held responsible for any delay in time and/or damage to existing
structures, foundation, utilities or other existing features because of omission or neglect by
himself or his employees. Any property damaged by his operations shall be replaced or repaired
to its original condition at no extra cost to the City. The City of Miami Engineer will be the
mediator in all such cases wherein the contractor or the utility companies are in dispute
concerning lost time or property damages. The Contractor shall abide by these judgments and
decisions in all cases.
Bid No. 11-12-040 Page 79
61. SUBCONTRACTORS
Names of all subcontractors and their current County -Municipal License Numbers shall be listed
on the proposal in the spaces provided. No change in subcontractors, as listed shall be allowed
without written permission of the Engineer. Subcontractors shall hold a valid License at the time
of executing a Contract. The work performed by all subcontractors listed below cannot be more
than 10% of the total work for this contract.
62. UNIFORMED POLICE
An allowance has been set forth in the Special Provisions for the use of City of Miami Uniformed
Police as required and when approved by the Engineer during the progress of the work. The
contractor will be reimbursed by the City of Miami for the actual amount spent for these services
upon presentation of detailed bills covering these services, but shall be limited to actual contract
time only. Should there be an overrun on contract time, the Contractor will be required to pay for
all police protection required over the contract time. The traffic section, Department of Police,
shall retain control over the use of police.
63. PAVEMENT MARKINGS AND SIGNAGE
,All pavement marking and signage material and method of installation shall conform to the
Manual of Uniform Traffic Control Devices. AII costs for restoration of existing pavement markings
and signs shall be included in one or more of the bid items and no additional compensation shall
be allowed.
The Bid Proposal Item for Paving Marking and Signage, is for additional location(s) that may be
added to this project at the discretion of the Engineer.
64. TEMPORARY PAVEMENT PATCHING
The Contractor shall place a temporary asphaltic concrete pavement patch, minimum one-half
inch thick, at all locations designated by the Engineer in the field.
The cost of the temporary patch, other than the specified in Division 4 — Construction Methods —
400 — 11, shall be paid for from the tonnage item for Type "A" Asphaltic Concrete Plant Mix. All
costs for Type "A" AC Plant Mix shall be included in Bid Item in the Proposal.
65. ASPHALTIC CONCRETE PAVEMENT OVERLAY
Prior to placing the asphaltic concrete surface course, the existing street surfaces shall be
thoroughly cleaned. All utility castings shall be adjusted to the new surface elevation, if
necessary, by their respective owners, except storm and sanitary sewer manhole covers and
gratings which shall be adjusted by the Contractor.
The pavement edges shall be cleared of all encroaching vegetation, loose sand, rock and all
other foreign matter, and the edges shall be patched as necessary to bring the pavement to a
uniform width. All surface failures which have resulted in potholes shall be patched in an
approved manner unless, in the opinion of the Engineer, the damage areas are of insignificant
depth and can be satisfactorily filled and compacted in the normal operation of applying and
compacting the surface course.
A bituminous tack coat shall be applied to the existing pavement surface prior to placing the new
surface.
Bid No. 11-12-D40 Page 80
The Contractor shall overlay existing street surfaces listed in Section 2.02 with 1-inch thick "S-III"
Asphaltic Concrete Mixture as submitted by the local asphalt suppliers and approved by the City
Engineer. For asphaltic concrete pavement overlay locations, refer to Construction Plans.
Asphaltic concrete mix for surface courses shall meet the requirements of Florida Department of
Transportation Specifications for Type "S-III", Asphaltic Concrete, Section 331-1 through Section
331-5.
All new design mixes shall be submitted to the Department of Public Works for approval of the
City Engineer.
66. DISPOSAL OF MATERIAL
Proper disposal of removed material will be the responsibility of the Contractor. Disposal of
Material will be required to be taken to the nearest Miami -Dade landfill at contractor's expense.
Contractor will seek approval from the Engineer prior to any on -site storage of materials.
67. CLEAN-UP OF CITY STREETS
The project site shall be cleaned and maintained clean to the satisfaction of the City Engineer at
all times. All trash and other debris shall be removed from the job site at no additional expense to
the City.
The successful bidder shall be responsible for the removal and disposal of solid wastes and
debris in and around the catch basins.
The methods of construction must comply with the City of Miami National Pollutant Discharge
Elimination System (NPDES) permit as stated in PW Bulletin # 25 herewith Division 5.
68. PROPOSED LOCATIONS
1. 500 SW 22 Rd.
2. 641 NW 75 ST
3. 2665 SW 31 AVE
4. 956 NE 80 ST
5. 6943 NW 15 AVE.
6. 8351 N.E 8 CT.
7. SW 6 Avenue between 9 and 10 streets
8. 1390 S.W. 14 ST. = line broken north side of the man hole
9. 1747 N.W 17 ST
10. 1811 N.W 17 ST
11. 1620 N.W 17 ST
12. 1603 NW South River Drive
13. 2975 Washington Street
14. 2510 NW 11 St
15. 2317N.W33ST
16. 36 Ave NW between 15 & 16 Street
17. 975 N.W 27 Ct
18. 1499 N.W 32 ST
19. NW 18 Street between NW 17 and 19 Avenues.
20. 2390 NW 30 ST.
21. 2810 NW 9 Street
22. 3061 Kumquat Avenue
23. 3411 NW 10 Avenue
Bid No. 11-12-040 Page 81
24. 1937 S.W 16 Ave.
25. 1700 SW 13TH AVE
26. 610 SW 9 Street
27. 1319 NW 2 Street
28. 400 SW 15 Avenue
29. 2640 S.W 24 AVE.
30. 2475 S.W 26 LN.
31. 2928 S.W 2 St
32. 1790 S.W 23 TERR.
33. 1335 SW 21 Avenue
34. 6780 SW 2 Street
35. 464-68 SW 73 Avenue
36. 665 SW 64 Court
- 37. 4549 SW 2 Terrace
38. 3024 SW 18 Street
39. 1130-32 NW 65 Street
40. 6246 NW Miami Court
41. 1980'NW 36 Avenue
42. 531 NW 58 Court
43. 711 NW 23 Avenue
44. 3135 Gifford Lane
45. 3590 Crystal View Court
46. 150 SE 1 Avenue
47. 2400 S.W 16 CT.
48. 121 N.W 26 AVE.
49. NW 15 AVE NW 32 ST
50. 200 NE 17 Terr.
51. 3021 OHIO ST.
52. 603 NW 13 AVE( BROKEN PIPE)
53. 1661 SW 32 Court
54. 1219 NW 34 Ave.
55. NW 67 ST B1 NW 14 AVE and NW 15 AVE
56. NW 60 ST and NW 13 Ave (BROKEN PIPE)
57. 1950 SW 13th Ave
58. 200 SW 25 Rd.
59. 469 SW 26 Road
60. 920 NE 73 ST
61. 3021 SW 12th Street
62. 630NE77ST
63. 7534 NE 6 CT
64. 2730 SW 31 Ct
65. 174 Shore Drive South in Bay Heights.
66. 3105 SW 24 ST
67. 3600 NW 3 ST
68. 2400 SW 18 AVE.
69. 3475 NW 4 ST
70. SW 27 ST AND SW 25 AVE
71. SW 24 TERR AND SW 24 AVE
72. SW 33 CT AND SW 27 TERR
73. SW 16 ST AND SW 19 AVE
Bid No. 11-12-040 Page 82
74. 8551 NE 8 CT
75. 2650 S.W. 29 Ave
76. 950 NW 27 CT
77. 765 NW 43 Street
78. 2360 SW 25 Ave.
79. 7270 SW 4 ST.
80. 3440 Percival Ave
81. SW 23 Ave and SW 22 Terr.
82. 1020 NW 1st Street
83. 121 NE 45 ST
84. In addition to these locations, additional locations may be identified at the
discretion of the Engineer to be included in this contract.
Bid No. 11-12-040 Page 83
ATTACHMENTS
Division 2A- Planting
Division 2B- Sodding
Division 5- Engineering Standards
Bid No. 11-12-040 Page 84
DIVISION 2A
PLANTING
2A.01 PLANTING GENERAL
The Contractor shall furnish all labor, materials, and equipment, watering and related
work required to complete the work in accordance with the contract documents and
specifications.
I. SCHEDULING OF WORK: The work shall be as coordinated with other contractors as
to prevent any conflicts as to scheduling with others.
II. PERSONNEL: All planting shall be performed by personnel familiar with planting
procedures and under the supervision of a qualified planting foreman who is to be
available at the jobsite during the course of the work.
III. PROTECTION OF UTILITIES AND STRUCTURES: Prior to the preparation of planting
areas or plant pits, the Contractor shall ascertain the location of all electrical cables, all
conduits, all utility lines, oil tanks and supply lines, so that proper precautions may be
taken not to disturb or damage any subsurface improvements. In the event any are
uncovered, the Contractor shall promptly notify the City Engineer, who shall arrange to
relocate the plant material, if possible. The Contractor shall be responsible for any
damage to utilities and structures and shall properly maintain the protection of same.
IV. CLEAN UP:
A. If the Contractor fails to clean up, the City may do so and the cost thereof shall be
charged to the Contractor.
V. SUBMITTALS:
A. Unit Prices: The unit prices bid will serve as the basis for any required addition or
deletion to the Contract.
B. Materials: Submit four samples each with corresponding certificates of compliance
from the product manufacturer or supplier for planting soil, fertilizer (analysis card),
mulch, galvanized steel banding, turn buckles, guy wires and painted sample of
wood braces. Submit these within thirty (30) days after award of Contract.
C. Schedule: A detailed sequence of planting shall be submitted to the City by the
Contractor. Submit revised schedule when departure from same is necessary.
D. Maintenance Guidelines: Submit detailed maintenance guidelines covering
fertilization, watering, spraying, trimming, mulching, and any other pertinent issues
related to landscape work required to ensure viability of plant material. Submit
maintenance guidelines sixty (60) days after award of Contract for review by the City
or his representatives.
Bid No. 11-12-040 Page 85
2A.02 MATERIALS
I. COMMERCIAL FERTILIZER:
A. Shall be delivered to the site in the original unopened containers, each bearing the
manufacturer's analysis.
B. Fertilizer shall be Mix #5024 (10.5.8) as supplied by ATLANTIC-FLORIDA EAST
COAST FERTILIZER & CHEMICAL, unless noted otherwise, or equal.
II. PLANT MATERIAL:
A. Words "Plant Materials" or "Plants" refer to and include trees, palms, shrubs, and
groundcovers.
B. Plant species shall conform to those indicated on the drawings and in these
Specifications.
C. Plants shall be sound, healthy, vigorous, free from plant diseases, insect pests, or
their eggs and shall have healthy normal root systems. Plants shall be nursery grown
stock, except for site transplanted material or freshly dug, balled and burlap plants.
D. All plants shall have been transplanted or root pruned at least once in the three years
previous to contract date. Root bound container plants will not be accepted.
E. Collected palms shall be heeled in the nursery for no Tess than three months prior to
final planting.
F. All plant material not otherwise specified as being Florida Fancy of Specimen shall
be Florida No. 1 or better quality graded in accordance with "Grades and Standards
for Nursery Plants" published by the State of Florida Department of Agriculture.
G. Caliper measurement, height measurement, height relation to caliper, spread, bare
root and .ball dimensions, number of canes, types of vines and ground covers, etc.,
shall conform to the applicable standards given in "USA Standard for Nursery Stock
260.1", sponsored by the "American Association of Nurserymen, Inc.".
H. Plants specified shall be used, substitutes will not be allowed unless sufficient
evidence is submitted in writing, indicating plant unavailability. The Contractor is to
submit suggested listing of substitutes for review and comment by the City Engineer.
No substitutions shall be made unless approved in writing. Said substitutes shall be
submitted no Tess than five (5) days after Award of Contract.
I. Any materials and/or work may be rejected if; in the opinion of the City Engineer
such does not meet the requirements of these Specifications. All rejected materials
shall be promptly removed from the site by the Contractor at his expense.
J. Plants existing on the site and transplanted by the Contractor shall be subject to
Contractor's Guarantee.
K. Plants used where symmetry is required shall be matched as nearly as possible. The
Contractor shall tag all trees and palms at the nursery for review by the City
Engineer. The tagging for review shall be made no Tess than forty five (45) days prior
to the projected installation date. All material shall be clearly identified by the use of
Bid No. 11-12-040 Page 86
colored vinyl tapes. The Contractor shall tag 10% more than the quantities required
and givefive (5) days notice minimum prior to nursery visit.
III. SOIL MOIST POLYMERS
Provide Soil Moist acrylic copolymers at the rate specified in 2B.03.III.F to each planting
pit/tree or palm planting location. Contact: Nursery and Landscape Supply (305) 235-9311
or Terra International (305) 247-1521.
IV. PLANTING SOIL: Shall be as follows:
50% Muck
50% Coarse Silica Sand
V. MULCH: Shall be Cypress Mulch Grade "A" delivered to the site in sealed and marked bags
or approved equal. Any deviation shall be approved by the City Engineer.
2A.03 EXECUTION
I. SHIPMENT AND DELIVERY:
A. The Contractor shall notify the City Engineer 48 hours in advance, when plant
material is to be delivered.
B. Plant material shall be protected from weather, adequately packed to prevent
breakage and drying out during transit.
C. Plants shall not be planted on job until they have been inspected at receiving site,
and accepted by the City Engineer. Plants which do not meet specifications for
quality herein stated, or plants that show improper handling, or arrive on site in an
unsatisfactory condition shall be rejected. Rejected plants shall immediately be
removed, disposed of by the Contractor and approved nursery stock of like variety,
size and age shall be replaced by him without additional compensation.
D. Final acceptance of plant material will be given only after material is planted and
after meeting requirements prescribed herein.
II. GUYING AND STAKING:
A. All guying and staking shall be indicated in the Specifications.
B. It shall be the Contractor's responsibility to prevent plants from falling of being blown
over, to restraighten and replace all plants which are damage.
Plants blown over by high winds shall not be caused for additional expense to the
City, but shall be the responsibility of the Contractor. Damaged plants shall be
replaced by the Contractor at no additional expense to the City, except the
Contractor shall not be held responsible for the loss or death of any tree, shrub or
Bid No. 11-12-040 Page 87
plant , after being properly planted, as a result of hail storms, lighting, flood, fire or
other acts of providence beyond his control.
III. PLANTING OF TREES AND PALMS:
A. Except as otherwise specified, the Contractor's work shall conform to accepted
horticultural practices as used in the trade.
B. Plants shall be protected upon arrival at the site by being thoroughly watered and
properly maintained until planted. Plants shall be planted within 24 hours after
arriving at site. At all times, workmanlike methods customarily in good horticultural
practice shall be exercised.
C. Before digging holes or beds, the location and/or arrangement of the planting shall
be staked by the Contractor and accepted by the City Engineer. The staking should
be ready for inspection at least FIVE (5) days prior to the projected planting date.
The stakes shall be #7 Rebar, at least 18" in length and painted with bright red paint.
D. The existence and location of underground utilities if shown on the plans are not
guaranteed and shall be investigated and verified in the field by the vicinity of
existing structures and utilities shall be carefully done.
The Contractor shall be held responsible for any damage to, and for maintenance
and protections for existing utilities and structures.
E. All circular pits with vertical sides shall be excavated to sizes and depth as shown in
the Specifications (Misc. 17-293-4) and backfilled with planting soil.
The contractor shall test fill all tree/palm pits. with water before planting to assure
proper drainage and that percolation is available. Pits which are found not to be
adequately draining shall be backfilled with coarse gravel or crushed rock. No
allowances will be made for lost plants due to improper drainage.
F. Backfill with the specified planting soil mix and incorporate a minimum 6 ounces to 9
ounces of Soil Moist acrylic copolymers evenly spread around and adjacent to the
rootball midway in depth.
The final level of the ground and that of the sod shall conform to the surrounding
grade.
G. The plants shall be set on prepared planting soil backfill brought to a height
permitting planting at the same depth the plants grew in the nursery.
Upright plants shall be kept in a vertical position. All plants shall be handled by
earthy ball only. Handling by the plant itself will be caused for rejection of such
plants.
Bid No. 11-12-040 Page 88
H. After placing the plant in the pit, the backfill shall be watered and firmly tampered to
.ensure backfill mixture in, and about all the roots. All backfill mixture shall be such
that no plants will settle lower than -the depth indicated on the drawings.
I. After filling half way on the earth ball, the burlap shall be loosened and laid back off
the top of the ball, or if too bulky, cut away and removed, after which the balance of
the pit shall be backfilled and tamped.
J. All plants shall be thoroughly watered at time of planting and kept adequately
watered until time of acceptance. The -Contractor shall provide the means where
water lines are not available.
K. Apply fertilizer to planting beds and saucer areas as follows:
Trees: One pound per inch trunk diameter. Spread fertilizer evenly about the base.
Thoroughly water plants before and after fertilization then mulch.
L. Three (3) inches of mulch shall be placed between and around all plant material
within 24 hours after any planting. For individual plants, the mulch shall be spread to
cover the saucer area. When in place, the mulch is to be watered thoroughly.
M. Pruning shall be done at the time of planting and with due regarded to the natural
form and growth characteristics of each species. All cuts over % inch diameter shall
be painted with an acceptable tree wound dressing. Trees with pruned terminal
leaders will not be accepted.
N. During the course of planting, excess and waste materials shall be removed daily. All
reasonable precautions shall be taken to avoid damage to all structures and plants.
When planting in an area that has been completed, the area shall be thoroughly
cleaned up.
IV. MAINTENANCE PRIOR TO INSPECTION FOR ACCEPTANCE:
A. Maintenance shall begin immediately after each plant is planted and shall continue
throughout the course of operations on the site.
1. Plants shall be watered by hose soaking thoroughly each day for the first two
weeks (14 calendar days) and every other day for the following two week period.
Soaking then shall continue on a twice weekly basis for another period of three
weeks, amounting to a total of 45 days after installation. At the end of this hose.
soaking period, earth saucers shall be collapsed leaving the guying and/or staking
in place, in accordance with these specifications.
B. Plant maintenance shall include watering, pruning, spaying, dusting, weeding,
cultivating, mulching, tightening, staking, fertilizing and repairing of braces and guys,
replacement. of sick or dead plants, resetting plants to proper grades or upright
position and restoration of the planting saucer, and all other care needed for the
planting saucer, and all other care needed for proper growth of the plants.
All trees and palms shall be watered by hand hosing as follows:
Bid No. 11-12-040 Page 89
Once a day for the first three weeks after planting and three times per week
thereafter until inspection for acceptance.
C. Spraying and Dusting: During the maintenance period and up the issuance of
certificate of final acceptance, the Contractor shall do all seasonal spraying and/or
dusting of plant material. The materials and methods shall be in accordance with
highest standard nursery practices and in accordance with all regulatory agencies
having jurisdiction.
• D. Protection: Planting areas and plants shall be protected against trespassing and
damage. If any plants become damaged or injured, they shall be treated or replaced
as directed. No work shall be done within or over planting areas or adjacent to plants
without proper safeguards and protection.
E. Damage resulting from erosion, gullies, washouts or other causes shall be repaired
by filling with topsoil, tamping and re -fertilizing by the Contractor at his expense if
such damage occurs prior to acceptance by the City Engineer.
V. INSPECTION FOR ACCEPTANCE
A. Upon completion of all planting, an inspection for acceptance of work will be held.
The Contractor shall notify the City Engineer for scheduling of the inspection five (5)
days prior to the anticipated inspection date. Partially completed portions will not be
inspected.
It is the Contractor's responsibility to ensure that the work is completed and ready for
inspection before calling for same.
B. At the time of acceptance for inspection, if the materials are in whole or in
substantially acceptance, a written notice will be given by City Engineer that the
guarantee period begins from the date of the inspection.
C. In case substantial numbers of plants are sick or dead at the time of inspection,
acceptance will not be granted and the Contractor's responsibility for maintenance of
all the plants shall be extended until replacements are made.
Replacements shall conform in all respects to the specifications for new plants and
shall be planted in the same manner. Said replacements are to be made within five
(5) days of said inspection.
D. After the inspection for acceptance is made and the work is found to be acceptable,
the Contractor shall continue to hand water all trees and palms three times a week
for four (4) weeks.
VI. PLANT GUARANTEE AND REPLACEMENT
A. Guarantee: All plant materials including site relocated material shall be guaranteed for a
period of one year after the date of inspection for acceptance. All plant materials shall be
alive and in satisfactory growth at the end of the guarantee period.
Bid No. 11-12-040 Page 90
• B. Replacements: During the guarantee period,•there shall be monthly inspections between
the Contractor and the City or his representative to ascertain the viability of the plant
material. Any plant that is missing; dead or fails to become established due to
Contractor's negligence shall be replaced at no cost to the Owner within ten (10) days
after the monthly inspection.
At the end of the guarantee period, the Contractor shall notify the City that the project is
ready for final inspection. Any plant that is not alive or fails to show satisfactory growth or
is missing due to Contractor's negligence will be removed and replaced at no cost to the
Owner. All replacement after the final inspection shall carry a six (6) months replacement
guarantee. Replacements shall be made within ten (10) days after final inspection.
C. Materials and Operations: All replacements shall be plants of the same kind and size
specified in the Plant Schedule. They shall be furnished and planted as specified with
the cost borne by the Contractor. Please refer to the attached plant schedule.
Bid No. 11-12-040 Page91
DIVISION 2B
SODDING
26.01 SODDING GENERAL
The other Contract Documents complement the requirements of this section.
I. SCHEDULING OF WORK: The work shall be as coordinated with other Contractors as to
prevent any conflicts in scheduling with others.
II. PERSONNEL: All planting shall be performed by personnel familiar with planting procedures
and under the supervision of a qualified planting foreman.
III. PROTECTION OF UTILITIES AND STRUCTURES: Prior to the preparation of sodding
areas, the Contractor shall ascertain the location of all electrical cables. All conduits, all
utility lines, oil tanks and supply lines, so that proper precautions may be taken not to disturb
or damage any surface improvements. The Contractor shall be responsible for any damage
to utilities and structures and shall properly maintain the protection of same.
IV. CLEAN UP:
A. The Contractor at all times shall keep the premises free form accumulation of waste
materials or rubbish caused by his operations. At the completion of the work, he shall
remove all waste materials and rubbish from the project site as well as all his tools,
construction equipment, machinery and surplus materials and shall clean all surfaces
and leave the project site "broom clean".
B. If the Contractor fails to clean up, the Owner may do so and the cost thereof shall be
charged to the Contractor.
V. SUBMITTALS: Submit samples of planting soil blanket mix and four (4) samples each of the
Certificates of Compliance, fertilizer analysis tags, and sod certification.
Provide said submittals thirty (30) days after Award of Contract.
2B.02 MATERIALS
I. SOIL BLANKET: As supplied by MORRIS MAGIC SOIL or equal. Soil shall be 40%
everglades peat and 60% fine lawn sand thoroughly mixed. No site mixing shall be allowed.
II. COMMERCIAL FERTILIZER: Mix #2024 (10.8.6) as supplied by ATLANTIC - FLORIDA
EAST COAST FERTILIZER & CHEMICAL, or equal. Fertilizer shall be delivered to site in
unopened containers which shall bear manufacturer's guaranteed statement of analysis or a
manufacturer's Certificate of Compliance covering analysis. Furnish guarantee statement of
certificate of compliance to the Owner or his representatives.
III. SOD:
A. Sod shall be St. Augustine Grass (Floratam) Solid Sod.
B. All sod shall be of firm texture, having a compacted growth and good root
development. Sod shall contain no weeds or objection vegetation, and be free from
Bid No. 11-12-040 Page 92
fungus, vermin or diseases. Before being cut and lifted, sod shall be mowed three (3)
times with the final mowing not - mote -than a week before cutting into uniform
dimensions. Certifications as to type of grass and other requirements shall be made
and submitted to the Owner or his representative.
IV. SAND: Provide clean, fine sand.
J
V. WATER: Potable. The Contractor is responsible for providing water even if none is available
on the site.
2B.03 EXECUTION
I. GENERAL: Fine grades all lawn and planting areas.
II. SODDING: Under this section, the Contractor shall perform the preparation of the areas to
be sodded as herein specified.
A. The Contractor shall remove all existing grasses and weeds from the areas to be
sodded.
The Contractor shall smooth out all areas to establish an even grade for sod planting. All
areas shall be graded to drain.
B. Remove all rock or foreign material one inch or greater in diameter and lay 2 inches
of soil blanket uniformly and thoroughly incorporated into top most 4 inches of soil.
C. Surface shall be rolled to achieve a smooth, even shape and grade. During the
rolling, all depressions caused by settlement or rolling shall be filled with by
additional topsoil and the surface shall be regraded and rolled until presenting a
smooth and even finish.
D. The Contractor should call for an inspection for approval of graded areas prior to
sodding.
E. Water the soil 24 hours prior to sodding.
F. Sod panels shall be laid tightly together with staggered joints so as to make a solid
lawn area. Immediately following sod laying, the lawn areas shall be rolled with a
lawn roller customarily used for such purposes, and then thoroughly watered
immediately. During delivery, prior to and during the planting of the lawn area, the
sod panels shall at all times be properly protected from excessive drying and
unnecessary exposure of the roots to the sun. All sod shall be stacked during
construction and planting, so as not to be damaged by sweating or excessive heat
and moisture.
G. After sod has been planted and rolled, thoroughly water and fertilize at the rate of ten
(10) pounds per 1,000 square feet of area: Thoroughly water all sodded areas.
H. The finished level of sod areas after rolling and tamping shall be '/ inch below the
top of abutting paved areas.
Bid No. 11-12-040 Page 93
I. During the sodding operations, excess and- waste materials shall be removed
daily. All reasonable precautions shall be taken to avoid damage to all structures
and plants. When sodding in an area has been completed, the area shall be
thoroughly cleaned up.
III. MAINTENANCE PRIOR TO INSPECTION FOR ACCEPTANCE:
Maintenance shall begin immediately after sodding is executed and shall continue in
accordance with the following requirements:
A. The Contractor shall be held responsible for maintenance of sodded areas, including
watering, spraying, weeding, mowing and replanting as necessary to establish a
uniform stand of the specific grass and until acceptance. After the grass has started,
all areas and parts of areas which fail to show a uniform stand of grass, for any
reason whatsoever, shall be replanted, repeatedly if necessary, until all sodded
areas are covered with satisfactory growth of grass.
B. Sodded areas shall be protected against trespassing damage. If any sod becomes
damaged or injured, it shall be replaced as directed. No work shall be done within or
over sodded areas without proper safeguards and protection.
C. Watering of all non -irrigated sodded areas shall be done from a watering truck, no
temporary irrigation heads will be allowed. All sodded areas are to be watered to
provide at least one (1) inch of water per week in biweekly applications. Watering is
to continue until inspection for acceptance is made and approved by the Owner. All
watering is to be done in the presence of the Owner or his representative.
D. Damage resulting from erosion, gullies, washouts or other causes shall be repaired
by filling with lawn sand, tamping, refertilizing and resodding by the Contractor at his
expense if such damage occurs prior to acceptance.
IV. INSPECTION FOR ACCEPTANCE:
A. Upon completion of all sodding operations, an inspection for acceptance of work will
be held. The Contractor shall notify the Owner or his representatives for scheduling
of the inspection ten (10) days prior to the anticipated inspection date.
B. At the time of acceptance inspection, if the materials are in whole or in substantially
acceptance, a written notice will be given by the Owner or his representative to the
Contractor that the guarantee period begins from date of inspection.
C. In case substantial areas of sod are sickly or dead at the time of inspection,
acceptance will not be granted and the Contractor's responsibility for maintenance of
all the sodded areas shall be extended until replacements are made. Replacements
shall conform in all respects to the specifications for new sod and shall be planted in
the same manner.
V. SOD GUARANTEE AND REPLACEMENT:
Bid No. 11-12-040 Page 94
A. Guarantee:: Sod shall be guaranteed for a period of ninety (90) days after the date of
inspection for acceptance under Paragraph IV of this Section, and shall be alive and in
satisfactory growth at the end_of the guarantee period.
B. Replacement: During the guarantee period the Owner and the Contractor shall schedule
monthly inspections. Any sod that is dead or not in satisfactory condition shall be
replaced within ten-(10) days of the inspection'
At the end of the guarantee period a final inspection will be held, the Contractor shall
then proceed to replace sod that is dead or not in satisfactory condition, said
replacement shall carry a ninety (90) days replacement guarantee.
C. All non -irrigated sodded areas shall be watered as described under 2B.03.III.C. for four
(4) weeks after the inspection for acceptance. All watering to be done in the presence of
the Owner or his representative.
D. Materials and Operations: All replacements shall be sod of the same kind as specified in
these Specifications. It shall be furnished and planted as specified with the cost borne by
the Contractor at no additional cost to the Owner.
VI. MAINTENANCE GUIDELINES:
The Contractor shall supply the Owner with a detailed maintenance schedule for all sodded
areas thirty (30) days after Award of Contract.
i
Bid No. 11-12-040
Page 95