HomeMy WebLinkAboutExhibit 1ITB NO.: 12-13-017
ROCKERMAN CANAL IMPROVEMENTS
CIP PROJECT NO.: B-30680
Due Date: May 8, 2013
Due Time: 2:00 PM
Mayor Tomas P. Regalado
Commissioner Wifredo (Willy) Gort, District 1
• Commissioner Marc Sarnoff, District 2
Commissioner Frank Carollo, District 3
Commissioner Francis Suarez, District 4
Commissioner Michelle Spence -Jones, District 5
City Manager, Johnny Martinez, P.E.
Issued By:
City of Miami
Capital Improvements Program
444 SW 2nd Avenue - 8th Floor
Miami, FL 33130
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TABLE OF CONTENTS
SECTION 1 - INSTRUCTIONS FOR SUBMISSION 7
1. Intention of City 7
2. Scope of Work 7
3. Location of Project(s) 7
4. Performance of the Work 7
5. Examination of Contract Documents and Site 7
6. Addenda 8
7. Bid Submission 8
8. Bid Guaranty 8
9. Preparation of Bid 9
10. Pre -Bid Conference/Site Visit - Sign -in Required 9
11. Postponement of Bid Opening Date 9
12. Acceptance or Rejection of Bids 10
13. Environmental Regulations 10
14. Bid Award 10
15. Bid Protest 11
16. Local Workforce Participation 11
17. Community Small Business Enterprise (CSBE) 12
18. Cone of Silence 12
19. Public Entity Crime 13
20. Fraud and Misrepresentation 13
21. Collusion 13
22. Contractor in Arrears or Default 13
23. Cancellation of Solicitation 13
SECTION 2 - GENERAL TERMS AND CONDITIONS 14
1. Definitions 14
2. Time is of the Essence 17
3. Contract Term; Contract Price 18
4. Notices 18
5. Priority of Provisions 19
6. Indemnification 19
7. Insurance 20
8. Performance and Payment Bond 22
9. Qualification of Surety 23
10. General Requirements 23
11. Method of Performing the Work 24
12. Work Staging and Phasing 25
13. Site Investigation and Representation 25
14. Contractor to Check Plans, Specifications and Data 25
15. Contractor's Responsibility for Damages and Accidents 26
16. Accidents 26
17. Safety Precautions 26
18. Occupational Health and Safety 27
19. Labor and Materials 28
20. Rules, Regulations and Licenses 28
21. Consultant Services 28
22. Project Management 28
23. Superintendence and Supervision 29
24. Subcontractors 29
25. Authority of the Project Manager 30
26. Inspection of Work 31
27. Taxes 31
28. Separate Contracts 31
29. Lands of Work 32
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
30. Coordination of Work 32
31. Differing Site Conditions 32
32. Existing Utilities 33
33. Contractor's Responsibility for Utility Properties and Service 33
34. Interfering Structures 34
35. Field Relocation 34
36. Contractor's Use of Project Site(s) 34
37. Warranty of Materials and Equipment 35
38. Material and Equipment Shipment, Handling, Storage and Protection 35
39. Manufacturer's Instructions 37
40. Manufacturer's Warranty 37
41. Reference Standards 37
42. Submittals 38
43. Shop Drawings 39
44. Product Data 40
45. Samples 40
46. Record Set 40
47. Supplemental Drawings and Instructions 41
48. Contractor Furnished Drawings 41
49. Substitutions 41
50. City Furnished Drawings 42
51. Interpretation of Drawings and Documents 43
52. Product and Material Testing 43
53. Field Directives 43
54. Changes in the Work or Contract Documents 43
55. Continuing the Work 44
56. Change Orders 44
57. Change Order Procedure 45
58. No Oral Changes 45
59. Value of Change Order Work 45
60. Extra Work Directive 48
61. As -Built Drawings 49
62. Worker's Identification 50
63. Removal of Unsatisfactory Personnel 50
64. Substantial Completion, Punch List, & Final Completion 50
65. Acceptance and Final Payment 51
66. NDPES Requirements 52
67. Force Majeure 52
68. Extension of Time 52
69. Notification of Claim 53
70. Extension of Time not Cumulative 54
71. Contractor's Damages for Delay 54
72. Excusable Delay, Non-Compensable 54
73. Lines and Grades 55
74 Defective Work 55
75. Acceptance of Defective or Non -Conforming Work 55
76. Uncovering Finished Work 56
77. Correction of Work 56
78. Maintenance of Traffic and Public Streets 56
79. Location and Damage to Existing Facilities, Equipment or Utilities 58
80. Stop Work Order 59
81. Hurricane Preparedness 59
82. Use of Completed Portions 59
83. Cleaning Up; City's Right to Clean Up 60
84. Removal of Equipment 60
85. Set -offs, Withholdings, and Deductions 60
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
86. Event of Default 61
87. Notice of Default -Opportunity to Cure 61
88. Termination for Default 61
89. Remedies in the Event of Termination for Default 62
90. Termination for Convenience 62
91. Resolution of Disputes 63
92. Mediation -Waiver of Jury Trial 65
93. City May Avail Itself of All Remedies 65
94. Permits, Licenses and Impact Fees 65
95. Compliance with Applicable Laws 66
96. Independent Contractor 66
97. Third Party Beneficiaries 66
98. Successors and Assigns 66
99. Materiality and Waiver of Breach 67
100. Severability 67
101.Applicable Law and Venue of Litigation 67
102.Amendments 67
103. Entire Agreement 67
104.Nondiscrimination, Equal Employment Opportunity. and Americans
with Disabilities Act 68
105. Evaluation 68
106.Commodities Manufactured, Grown, or Produced in the City of Miami,
Miami -Dade County and the State of Florida 68
107. Royalties and Patents 68
108.Continuation of the Work 68
109.Review of Records 68
110. No Interest 69
111. Payments Related to Guaranteed Obligations 69
112.Consent of City Required for Subletting or Assignment 69
113.Agreement Limiting Time in Which to Bring Action Against the City 69
114.Defense of Claims 70
115.Contingency Clause 70
116. Mutual Obligations 70
117.Contract Extension 70
118. Non -Exclusivity 70
119.Nature of the Agreement 70
120.Contract Documents Contains all Terms 71
121.Applicable Law and Venue of Litigation (Attorneys Fees) 71
122.Survival 71
SECTION 3 - SUPPLEMENTAL TERMS AND CONDITIONS 72
1. Contract Time & Hours 72
2. LEED Certification (Not Applicable) 72
3. Progress Payments 72
4. Liquidated Damages 73
5. Schedule of Values 73
6. Project Schedules 74
7. Release of Liens/Subcontractor's Statement of Satisfaction 75
8. Progress Meetings 75
9. Request for Information 76
10. Project Site Facilities 76
11. Temporary Facilities, Utilities, and Construction 76
12. Security 77
13. Construction Signage 77
14. Construction Photographs 78
15. City Furnished Property 78
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
SECTION 4 - BID FORMS 79
CERTIFICATE OF AUTHORITY 86
CERTIFICATE OF AUTHORITY 86
(IF PARTNERSHIP) 86
CERTIFICATE OF AUTHORITY 86
(IF JOINT VENTURE) 86
CERTIFICATE OF AUTHORITY 86
(IF INDIVIDUAL) 86
SECTION 5 — ATTACHMENTS 89
BID BOND FORM (Page 1 of 3) 89
SUPPLEMENT TO BID FORM: 92
SUPPLEMENT TO BID FORM: CUSTOMER REFERENCE LISTING (Page 1 of 1) 97
SUPPLEMENT TO BID FORM: 99
OFFICE LOCATION AFFIDAVIT (Page 1 of 2) 99
SECTION 6 — CONTRACT EXECUTION FORM 102
CORPORATE RESOLUTION 103
FORM OF PERFORMANCE BOND (Page 1of 2) 104
CERTIFICATE AS TO CORPORATE PRINCIPAL 103
PERFORMANCE AND PAYMENT GUARANTY FORM 104
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT (Page 1 of 2) 104
PERFORMANCE AND PAYMENT GUARANTY FORM 106
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
INVITATION TO BID (ITB) NO. 12-13-017
NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami, CITY HALL - OFFICE OF THE CITY CLERK - lst Floor
3500 Pan American Drive, Miami, Florida 33133-5504 for:
ROCKERMAN CANAL IMPROVEMENTS — B30680
Bid Due: May 8, 2013 2:00 PM
Scope of Work:
The Work specified in this Bid consists of furnishing all labor, machinery, tools, means of transportation,
supplies, equipment, materials and services, and incidentals necessary to perform the following Work at a
rate of progress that will ensure completion of the Work within the stipulated Contract Time: enhancements
and restoration of the canal shoreline to include the removal of exotic and invasive vegetation, site grading,
minor dredging, installation of stone riprap, planting of native species and the removal, trimming and planting
of mangroves.
CIP has scheduled a MANDATORY pre -bid conference and site visit to immediately follow. The
mandatory conference will be held at the following location, date and time:
Location: City Hall — Staff Room
3500 Pan American Drive, Miami, FL 33133
Date/Time: Thursday, April 18, 2013 10:00 AM
Minimum Requirements: Prospective Bidder shall hold current, active, valid credentials of at least one of the
following: Certified Arborist, certified by the International Society of Arboriculture; Licensed Landscape
Architect, licensed under Part II of Chapter 481, Rule 61G1, of the Florida Statutes Administrative Code
PLUS additional certification as a mangrove trimmer issued by their Board; or Professional Mangrove
Trimmer status granted by the Department of Environmental Protection. In addition, an archeologist is
required on site as this is a historic.preservation area.
At the time of the Bid submission, prospective Bidder must also have a minimum of five (5) years experience
under its current business entity name (e.g. ABC, Inc.; XYZ, LLC) in the construction of similar projects which
must be supported by three (3) current separate project references which must be submitted on the City of
Miami reference form provided, for completed projects of similar size, scope and complexity having been
completed within the past five (5) years.
The Bid documents/plans can only be obtained by visiting the Capital Improvements Program's website;
http://www.niiamigov.com/Capitallmprovements/paqes/ProcurementOpportunities/Default. asp on or after,
April 8, 2013. It is the sole responsibility of all firms to ensure the receipt of any addendum/addenda.
It is recommended that firms periodically check the CIP webpage for updates and the issuance of
addenda.
All Bids shall be submitted in accordance with the Instructions to Bidders. Bids must be submitted as TWO
ORIGINALS plus one (1) copy in digital form (CD-ROM in pdf format), at the time, date, and location
noted above. Bids will be publicly opened. Any bids received after time and date specified will not be
considered. The responsibility for submitting a bid/proposal before the stated time and date is solely and
strictly the responsibility of Bidder. The City is not responsible for any delays, late or mis-delivered Bids, no
matter what the cause.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE," IN
ACCORDANCE WITH ORDINANCE NO. 12271 CODIFIED AS CITY CODE §18-74, MIAMI CITY CODE.
City Manager, Johnny Martinez, P.E.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
SECTION 1 - INSTRUCTIONS FOR SUBMISSION
1. Intention of City
It is the intention of City to describe in this Invitation to Bid ("ITB") the Project(s) to be
completed in accordance with all codes and regulations governing all the Work to be
performed under this Contract(s). Any work, labor, materials and/or equipment that may
reasonably be inferred from the Contract as being required to produce the intended results
shall be supplied by Contractor whether or not specifically called for in the Contract
Documents. Where words, which have well-known technical or trade meanings are used to
describe Work, materials or equipment, such words shall be interpreted in accordance with
that meaning. Reference to standard specifications, manuals, or codes of any technical
society, organization or association, or to the laws or regulations of any governmental
authority, whether such reference be specific or by implication, shall mean the latest
standard specification,. manual, code or laws or regulations in effect at the time of opening of
Bids and Contractor shall comply therewith. City shall have no duties other than those
duties and obligations expressly set forth within the Contract Documents.
2. Scope of Work
The Work specified in this Bid consists of furnishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials and services, and incidentals necessary to
perform the following Work at a rate of progress that will ensure completion of the Work
within the stipulated Contract Time: enhancements and restoration of the shoreline to
include the removal of exotic and invasive vegetation, site grading, minor dredging,
replacement, repair and installation of riprap, planting of native species and the removal,.
trimming/windowing and planting mangroves.
3. Location of Project(s)
Rockerman Canal is located at the northeast edge of Kennedy Park at 2400 South
Bayshore Drive, Miami, FL 33133.
4. Performance of the Work
By submitting a Bid, the Bidder certifies that it will utilize its own employees to meet this
requirement. As part of the Bid, the Bidder must include the form entitled "Questionnaire."
Failure to complete and submit this form or to meet this requirement shall result in the Bid
being deemed non -responsive. Where the City determines that the Contractor is not
meeting the minimum self -performance requirement during the performance of the Work,
then the Contractor shall be deemed in default of the Contract and the City reserves the
right to take any necessary and appropriate action permitted by law or by the Contract
Documents.
5. Examination of Contract Documents and Site
It is the responsibility of each Bidder, before submitting a response to this ITB to:
• Carefully review the ITB, including any Addenda and notify the City of all conflicts,
errors or discrepancies.
• Visit the site(s) or structure(s) to become familiar with conditions that may affect
costs, progress, performance or furnishing of the Work.
• Take into account federal, state and local (City and Miami -Dade County including,
without limitation the City Purchasing Ordinance and Florida Building Code) laws,
regulations, rules, resolutions and ordinances that may affect a Bidder's ability to
perform the Work.
• Study and carefully correlate Contractor's observations with the requirements of the
ITB.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
The submission of a Bid in response to this solicitation shall constitute an incontrovertible
representation by Bidder that it will comply with the requirements of the Contract Documents
and that without exception, the response is premised upon performing and furnishing Work
required under the Contract Documents and that the Contract Documents are sufficient in
detail to indicate and convey understanding of all terms and conditions for performance and
furnishing of the Work.
6. Addenda
Only questions answered by a written Addendum will be binding. Oral and other
interpretations or clarifications will be without legal binding effect and shall not be relied
upon in preparation of a Bid response. All questions about the meaning or intent of the
Contract Documents are to be directed to the City's Capital Improvements Program (CIP) in
writing, to the attention of Marlo Darrington at mdarringtonCc�miamigov.com.
Interpretations or clarifications considered necessary by CIP in response to such
questions will be issued by the City by means of an Addendum posted on the CIP webpage.
Written questions should be received no Tess than ten (10) calendar days prior to the
date Bids are due.
7. Bid Submission
All Bids must be received by the City of Miami, City Clerk's office located at City Hall, first
floor, 3500 Pan American Drive, Miami, Fla. 33133, before the time and date specified for
bid opening, enclosed in a sealed envelope, legibly marked on the outside:
BID NO:
BIDS FOR:
12-13-017
ROCKERMAN CANAL IMPROVEMENTS
B-30680
Bidders must submit TWO ORIGINALS PLUS one (1) copy in digital form (on CD-ROM in
pdf format). Failure to submit TWO ORIGINALS may result in the rejection of the Bid as
non -responsive.
NOTE: This Bid requires the submission of City Form SU, which is available on the CIP
webpage, identified in the ITB. Failure to submit CITY FORM SU with the Bid may result
in the Bid being rejected as non -responsive.
8. Bid Guaranty
All Bids shall be accompanied by either an original Bid Bond executed by a Surety meeting
the requirements of the City, or by cash, money order, certified check, cashier's check,
Unconditional/Irrevocable Letter of Credit drawn on a local bank (e.g. South Florida),
treasurer's check or bank draft of any national or state bank (United States), in the amount
of five percent 5% of the total Bid amount, payable to City of Miami, Florida, and conditioned
upon the successful Bidder executing the Contract and providing the required Performance
Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar
days after notification of award of the Contract. The time for execution of the Contract and
provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be
extended by the City's Capital Improvements Program at its sole discretion. Bid Securities
of the unsuccessful Bidders will be returned after award of Contract. A PERSONAL
CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID
SECURITY. Security of the successful Bidder shall be forfeited to the City as liquidated
damages, not as a penalty, for the cost and expense incurred should said Bidder, who is
recommended for award, fail to timely execute the Contract, and provide the required
Performance Bond.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
9. Preparation of Bid
The Bid Form contains one Project and the Bidder must provide a total stipulated lump sum
price to perform the Work required for the Project.
All Bids must be made upon the blank City forms provided herein. The Bid must be
signed and acknowledged by the Bidder in accordance with the directions on the ITB.
Failure to utilize the City's forms, or fully complete said forms will result in a determination
that the Bid is non -responsive.
A Bid will be considered non -responsive if it is conditioned on modifications, changes, or
revisions to the terms and conditions of the ITB.
The Bid -is to include the furnishing of all labor; materials, transportation, overhead expense
and profit, equipment including, but not limited to, tools, services, permit fees, applicable
taxes, overhead and profit for the completion of the Work except as may be otherwise
expressly provided in the Contract Documents.
Joint venture firms must complete and submit with their Bid the form titled "Information for
Determining Joint Venture Eligibility", (Form A) and submit a copy of the formal agreement
between all joint -venture parties. This joint venture agreement must indicate their respective
roles, responsibilities and levels of participation for the Project. Failure to timely submit Form
A (the last page of the contract documents) along with an attached written copy of the joint
venture agreement may result in disqualification of the Bid. All joint venture firms must meet
the requirements stipulated in the Florida Statutes.
10. Pre -Bid Conference/Site Visit
A MANDATORY pre -bid conference and site visit immediately following, will be held to
discuss this solicitation on Thursday, April 18, 2013 at 10:00 AM located at City Hall — Staff
Room, 3500 Pan American Drive, Miami, FL 33133. Since space is limited, it is
recommended that no more than one representative of each firm attend in order to become
familiar with the Solicitation and conditions of usage. Attendees are requested to bring this
solicitation package to the conference as copies of the solicitation will not be available at the
pre -bid conference. Bidders must attend both the meeting and the following site visit in
order to bid on this project. Sign -in is required for both the conference and the site visit.
Failure to attend the mandatory pre -bid conference and site visit will disqualify a bidder from
being considered eligible for this award. The site is located at: northeast edge of Kennedy
Park, 2400 South Bayshore Drive, Miami, FL 33133.
11. Postponement of Bid Opening Date
The City reserves the right to postpone the date for receipt and opening of submissions and
will make a reasonable effort to give prospective Bidders at least five (5) calendar days
notice of any such postponement.
The City shall make reasonable efforts to issue addenda within five (5) calendar days prior
to the due date.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
12. Acceptance or Rejection of Bids
The City reserves the right to reject any or all Bids prior to award.
Reasonable efforts will be made to either award the Contract or reject all Bids within ninety
(90) calendar days after Bid opening date. A Bidder may not withdraw its Bid unilaterally nor
change the Contract Price before the expiration of one hundred twenty (120) calendar days
from the date of bid opening. A Bidder may withdraw its Bid after the expiration of one
hundred twenty (120) calendar days from the date of Bid opening prior to award by
delivering written notice of withdrawal to the Capital Improvements Program prior to award
of the Contract by the City Commission. Once the City Commission makes the award, the
Bid cannot be withdrawn under this Section.
13. Environmental Regulations
The City reserves the right to consider a Bidder's history of citations and/or violations of
environmental regulations in investigating a Bidder's responsibility, and further reserves the
right to declare a Bidder not responsible if the history of violations warrant such
determination in the opinion of the City. Bidder shall submit with its Bid, a complete history
of all citations and/or violations, notices and dispositions thereof. The failure to submit any
such documentation shall be deemed to be an affirmation by the Bidder that there are no
citations or violations. Bidders shall notify the City immediately upon receipt of any notice of
any such citation or violation which Bidder may receive after the Submittal opening date and
during performance of the Work under this Contract.
14. Bid Award
The City will issue the award of the Contract to the lowest responsive and responsible
Bidder. The City may require demonstration of competency and, at its sole discretion,
conduct site visits, require the Bidder to furnish documentation and/or require the contractor
to attend a meeting to determine the Bidder's qualifications and ability to meet the terms and
conditions of this Contract. The City shall consider, but not be limited to, such factors as
financial capability, labor force, equipment, experience, knowledge of the trade work to be
performed, the quantity of Work being performed by the Contractor and past performance
on City projects.
In accordance with City Code Section 18-85(a), when a responsive, responsible non -local
bidder submits the lowest bid price, and the bid submitted by one or more responsive,
responsible local bidders who maintain a local office, as defined in City Code Section 18-73,
is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -
local bidder and each of the aforementioned responsive, responsible local bidders shall
have the opportunity to submit a best and final bid equal to or lower than the amount of the
low bid previously submitted by the non -local bidder. Contract award shall be made to the
lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of
a tie in the best and final bid between a local bidder and a non -local bidder, contract award
shall be made to the local bidder.
A Post Office box or working from a private residence will not be considered as maintaining
a local office, unless the owner of the private residence possesses a City of Miami
Occupational License for the business at the address of the private residence.
Where the solicitation contains multiple line items for separate projects or where the
solicitation requires a Bidder to submit detailed price information or multiple line item pricing,
a Bid may be rejected as an unbalanced bid.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
The Bidder must be able to demonstrate a good record of performance and have sufficient
financial resources to ensure that it can satisfactorily provide the goods and/or services
required herein.
The City, in its sole discretion, may determine a Bidder to be non -responsible where the
Bidder has failed to perform in accordance with any other contracts with the City, past or
current, or any other public entity or any other contract for construction services.
Any Bidder who at the time of submission is involved in an ongoing bankruptcy as a debtor,
or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has
been appointed over all or a substantial portion of the property of the Bidder, under federal
bankruptcy law or any state insolvency, the Bidder may be declared non -responsive.
Any Bidder who may have filed a lawsuit against the City or owes moneys to the City or has
been declared in breach of a contract with the City or where the City has filed a lawsuit or
won a court judgment against the Bidder may be declared non -responsive/ non -responsible.
15. Bid Protest
Any actual or prospective contractual party who feels aggrieved in connection with this
solicitation or any responsive and responsible bidder, whose bid is lower than that of the
recommended bidder, may protest the issuance of the ITB or an award of a contract. Eligible
protests must be submitted in writing to the Director of Purchasing/Chief Procurement
Officer who shall have the authority, subject to the approval of the City Manager and the City
Attorney, to settle and resolve a protest with final approval by the City Commission. Bidders
are alerted to Section 18-104 of the City's Code describing the protest procedures. Protests
failing to meet the requirements for filing shall NOT be accepted. Failure of a party to timely
file or meet other filing requirements shall constitute a forfeiture of such party's right to file a
protest. NO EXCEPTIONS.
16. Local Workforce Participation
The Contractor must comply with the following Local Workforce Participation requirements.
All instructions, required forms and other information necessary for complying with the Local
Workforce Participation requirements are available on the CIP webpage.
a) The Contractor 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 of
Miami) of the City. The City residency of the onsite labor component will be subject
to verification by the issuing department;
b) Five percent (5%) of the bid amount shall be retained by the City as security for the
verification of compliance with such requirements until said requirements are
fulfilled and verified within six (6) months of Contract completion pursuant to Section
18-89 of the City Code. Failure to comply with the Local Workforce Participation
requirements within six (6) months of Contract completion shall result in the
forfeiture of the retained amount to the City;
c) The Contractor will be required to hold one (1) job fair within the local community for
projects with a bid amount between $1,000,000 and $2,000,000;
d) The Contractor will be required to hold two (2) job fairs within the local community
for projects with a bid amount greater than $2,000,000;
e) The Contractor shall coordinate job fairs and hiring initiatives with South Florida
Workforce;
f) The Contractor shall retain the services of an independent third party to verify and
certify compliance with these requirements on a quarterly basis in accordance with
City Code Section 18-89. Said third party shall be unaffiliated with the Respondent
and be properly licensed under the provisions of Section 454, 471, 473, or 481 of
the Florida Statutes. The person performing the verification shall have a minimum of
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
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 shall be included in the related Contract
costs.
17. Community Small Business Enterprise (CSBE)
The Contractor must comply with the following CSBE participation requirements. All
instructions, required forms and other information necessary for complying with the
CSBE participation requirements are available on the CIP webpage.
a) The Contractor 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) as set
forth in Sec. 10-33.01 and Sec. 10-33.02 of the Miami -Dade County Code;
b) Five percent (5%) of the bid amount shall be retained by the City for the CSBE
requirements until said requirements are fulfilled and verified within six (6)
months of Contract completion pursuant to Section 18-89 of the City Code. Failure
to comply with the 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;
c) The Contractor shall retain the services of an independent third party to verify and
certify compliance with these requirements on a quarterly basis in accordance with
Section 18-89 of the City Code. Said third party shall be unaffiliated with the
respondent and be properly licensed under the provisions of Section 454, 471, 473,
or 481 of the Florida Statutes. 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 shall be included in the
related contract costs.
The following Zink is to the Miami -Dade County website where Bidders can view the
current listing of certified CSBE contractors by trade.
http://www.miamidade.gov/business/reports-certification-lists.asp
18. Cone of Silence
Pursuant to Section 18-74 of the City of Miami ("City Code") and City of Miami Ordinance
No. 12271, a "Cone of Silence" is imposed upon this ITB after advertisement and terminates
at the time the City Manager issues a written recommendation to the Miami City
Commission. The Cone of Silence prohibits any verbal communications regarding this
ITB.
Any communication concerning this ITB must be submitted in writing to CIP and Bidders
must file a copy of such written communications with the Office of the City Clerk. Written
communications may be in the form of e-mail, with a copy to the Office of the City Clerk at
marcia anmiamigov.com.
This language is only an overview of the requirements of the Cone of Silence. Please review
Section 18-74, "Cone of Silence" of the City Code (or City of Miami Ordinance No. 12271)
for a complete and thorough description of the Cone of Silence. You may also contact the
City Clerk at (305)-250-5360 to obtain a copy.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
19. Public Entity Crime
Any person, individual, corporation, entity, or affiliate who has been placed on the convicted
Bidder list following a conviction for a public entity crime may not submit a proposal on a
contract to provide any goods or services to a public entity, may not submit a Response on
a contract with a public entity for the construction or repair of a public building or public
works project, may not submit a response on a lease of real property to a public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or Consultant
under a contract with any public entity, and may not transact business with any public entity
in excess of the threshold amount provided in F.S. 287.017 for Category Two for a period of
36 months from the date of being placed on the convicted Bidder Nendor list.
20. Fraud and Misrepresentation
Any person, individual, corporation, entity, or affiliate that attempts to meet its contractual
obligations with the City through fraud, misrepresentation, or material misstatement, may be
debarred for up to five (5) years in accordance with the applicable provisions of the City
Code. The City as a further sanction may terminate or cancel any other contracts with such
individual, corporation, or entity. Such individual, corporation, or entity shall be responsible
for all direct or indirect costs associated with termination or cancellation.
21. Collusion
Where two (2) or more related parties, as defined in this Article, each submit a response to
an ITB, such submissions shall be presumed to be collusive. The foregoing presumption
may be rebutted by the presentation of evidence as to the extent of ownership, control and
management of such related parties in preparation and submission under such ITB.
Related parties shall mean employees, officers or the principals thereof which have a direct
or indirect ownership interest in another firm or in which a parent company or subsidiary or
the principals thereof of one Contractor have a direct or indirect ownership interest in
another Contractor for the same project(s). ITB responses found to be collusive shall be
rejected.
22. Contractor in Arrears or Default
The Contractor represents and warrants that the Contractor is not in arrears to the City and
is not in default as a debtor, principal, maker, guarantor, surety or otherwise upon any debt,
liability or obligation to the City. In addition the contractor warrants that the Contractor has
not been declared "not responsible" or "disqualified" by or debarred from doing business
with any state or local government entity in the State of Florida, the Federal Government or
any other State/local governmental entity in the United States of America, nor is there any
proceeding pending pertaining to the Contractor's responsibility or qualification/eligibility to
receive public agreements. The Contractor considers this warrant as stated in this Article to
be a continual obligation and shall inform the City of any change during the term of the
Contract.
The City shall not consider and will deem as non -responsible Bids submitted by Bidders
where the City has determined that the Bidder is in monetary arrears to the City or otherwise
in debt or default to the City at the time and date Bids are due.
23. Cancellation of Solicitation
The City reserves the right to cancel, in whole or in part, any solicitation when it is in the best
interest of the City. This determination will be at the discretion of the City Manager or City
Commission, as the case may be, and there will be no recourse from such cancellation.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
SECTION 2 — GENERAL TERMS AND CONDITIONS
1. Definitions
Basis of Design means a specific manufacturer's product that is named; including the make
or model number or other designation, establishing the significant qualities related to type,
function, dimension, in-service performance, physical properties, appearance, and other
characteristics for purposes of evaluating comparable products of other manufacturers.
Bid means the response submitted by a bidder to this solicitation, which includes the price,
authorized signature and all other information or documentation required by the Contract
Documents at the time of submittal.
Bidder means any individual, firm, incorporated or unincorporated business entity, or
corporation tendering a Submittal, acting directly or through a duly authorized
representative. The Bidder who is successful in being awarded the contract to perform this
work will be the Contractor as both such terms are defined by this Section.
Change Order means a written document ordering a change in the Contract Price or
Contract Time or a material change in the Work. A change order must comply with the
Contract Documents.
City means the City of Miami, Florida, a Florida municipal corporation. In all respects
hereunder, City's performance is pursuant to the City's capacity as Owner. In the event the
City exercises its regulatory authority as a governmental body, the exercise of such
regulatory authority and the enforcement of any rules, regulations, codes, laws and
ordinances shall be deemed to have occurred pursuant to City's authority as a governmental
body and shall not be attributable in any mariner to the City as a party to this Contract. For
the purposes of this Contract, "City" without modification shall mean the City Manager or
Director, as applicable.
City Commission means the legislative body of the City.
City Manager means the duly appointed chief administrative officer of the City of Miami.
Commissioning means the employing total building commissioning practices tailored to the
size and complexity of the building site, building and its system components in order to
verify performance of all components and systems and help ensure that design
requirements are met. This includes a designated commissioning authority a commissioning
plan, verification of the installation and performance of systems to be commissioned, and a
commissioning report.
Community Small Business Enterprise (CSBE) means a construction related enterprise,
including a design -build firm, and any firm providing trades and/or services for the
completion of a construction project, as defined in Section 10-33.02 of the Code of Miami -
Dade County.
Completed Project(s) means a project for which the applicable regulatory authority has
issued a Temporary Certificate of Occupancy or Completion, or a Final Certificate of
Occupancy or Completion.
Consultant means a firm that has entered into a separate agreement with the City for the
provision of design/engineering services for a Project.
Contract means the Invitation to Bid (ITB) solicitation and the Bid documents that have
been executed by the Bidder and the City subsequent to approval of award by the City.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
Contractor means the person, firm, or corporation with whom the City has contracted and
who will be responsible for the acceptable performance of any Work and for the payment of
all legal debts pertaining to any Work issued under this contract through the award of an
ITB.
Contract Documents means the Contract as may be amended from time to time, the plans
and drawing, all addendum, clarifications, directives, change orders, payments and other
such documents issued under or relating to the Project(s).
Construction Change Directive means a written directive to effect changes to the Work,
issued by the Consultant or the Director that may affect the ITB Contract price or time.
Construction Schedule means a critical path schedule or other construction schedule, as
defined and required by the Contract Documents.
Consultant means the Architect or Engineer of Record contracted by the City to prepare the
plans and specifications for the Projects. Consultant may also be referred to as Architect or
Engineer of Record.
Cure means the action taken by the Contractor promptly after receipt of written notice from
the City of a breach of the Contract Documents which shall be performed at no cost to the
City, to repair, replace, correct, or remedy all material, equipment, or other elements of the
Work or the Contract Documents affected by such breach, or to otherwise make good and
eliminate such breach, including, without limitation, repairing, replacing or correcting any
portion of the Work or the Project(s) site(s) disturbed in performing such cure.
Cure Period means the period of time in which the Contractor is required to remedy
deficiencies in the Work or compliance with the Contract Documents after receipt of written
Notice to Cure from the City identifying the deficiencies and the time to Cure.
Design Documents means the construction plans and specifications included as part of this
Bid prepared by the Consultant for this Project(s) under a separate Agreement with the City.
Director means the Director of the Capital Improvements Program or authorized designee,
who has the authority and responsibility for managing the Project(s) under this Agreement.
Drawings means the graphic and pictorial portions of the Work, which serve to show the
design, location and dimensions of the Work to be performed, including, without limitation,
all notes, schedules and legends on such Drawings.
Field Directive means a written approval for the Contractor to proceed with Work requested
by the City or the Consultant, which is minor in nature and typically, should not involve
additional cost.
Final Completion means the date subsequent to the date of Substantial Completion at
which time the Contractor has completed all the Work in accordance with the Agreement as
certified by the Consultant and/or the City and submitted all documentation required by the
Contract Documents.
Guaranteed Maximum Cost means the sum established by these Contract Documents as
the maximum cost to the City of performing the specified Work on the basis of the cost of
labor and materials plus overhead expenses and profit.
Inspector means an authorized representative of the City assigned to make necessary
inspections of materials furnished by Contractor and of the Work performed by Contractor.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
Integrated Design or IDP means the use of a collaborative, integrated planning and design
process consistent with ASTM E 2348, Standard Guide for Framework for a Consensus -
based Environmental Decision Making Process which initiates and maintains an integrated
project team in all stages of a project's planning and delivery; establishes performance goals
for sitting, energy, water, materials, and indoor environmental quality along with other
comprehensive design goals; and, ensures incorporation of these goals throughout the
design and lifecycle of the building; and considers all stages of the building's Iifecycle,
including deconstruction.
Local Preference means in accordance with City Code Section 18-85(a), when a
responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted
by one or more responsive, responsible local bidders who maintain a local office within the
city limits, as defined in City Code Section 18-73, is within fifteen percent (15%) of the price
submitted by the non -local bidder, then that non -local bidder and each of the afore-
mentioned responsive, responsible local bidders shall have the opportunity to submit a best
and final bid equal to or lower than the amount of the low bid previously submitted by the
non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder
submitting the lowest best and final bid. In the case of a tie in the best and final bid between
a local bidder and a non -local bidder, contract award shall be made to the local bidder.
Local Workforce Participation Requirements shall mean the requirements set forth in §
18-89 of the City Code that ( unless determined inapplicable or exempted by the City
Manager pursuant to this Code Section) the Respondent Contractor will employ on -site
labor from persons who reside within the City of Miami municipal boundaries ( e.g. city
limits).
Materials mean goods or equipment incorporated in a Project(s), or used or consumed in
the performance of the Work.
Notice of Award means the written letter to the Contractor notify the Contractor that they
have been awarded the Contract.
Notice To Proceed means a written letter or directive issued by the Director or designee
acknowledging that all conditions precedent have been met and directing that the Contractor
may begin Work on the Project(s).
Plans and/or Drawings means the official graphic representations of a Project(s).
Project or Work as used herein refers to all reasonably necessary and inferable
construction and services required by the Contract Documents whether completed or
partially completed, and includes all other labor, materials, equipment and services provided
or to be provided by the Contractor to fulfill its obligations, including completion of the
construction in accordance with the Drawings and Specifications. The Work may constitute
the whole or a part of the Project(s).
Project Manager means the individual assigned by CIP to manage the Project(s).
Respondent means a Business which has submitted a Bid, Offer, Proposal, Quotation or
Response, which has the capability, as determined by the City, in all respects to perform
fully the Contract requirements, and the integrity and reliability of which give reasonable
assurance of good faith and performance.
Request for Information (RFI) means a request from the Contractor seeking an
interpretation or clarification relative to the Contract Documents. The RFI, which shall be
clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s) requiring
clarification or interpretation and why the response is needed. The RFI must set forth the
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
Contractor's interpretation or understanding of the document(s) in question, along with the
reason for such understanding.
Risk Management Director means the City's Director of Risk Management, or designee, or
the individual named by the City Manager to administer matters relating to insurance and
risk of loss for the City.
Specifications mean all of the definitions, instructions, descriptions, directions,
requirements, provisions and standards (and all written supplements thereto) pertaining to
the methods, (or manner) of performing and actual performance of the Work, or quantities
and quality of accepted materials to be furnished under the Contract Documents.
Subcontractor means a person, firm or corporation having a direct contract with Contractor
including one who furnishes material worked to a special design according to the Contract
Documents, but does not include one who merely furnishes Materials not so worked.
Submittal means documents prepared and submitted by the Bidder to pre -qualify under this
solicitation.
Substantial Completion means that point at which the Work is at a level of completion in
substantial compliance with the Agreement such that the City can use, occupy and/or
operate the facility in all respects to its intended purpose. Substantial Compliance shall not
be deemed to have occurred until any and all governmental entities, which regulate or have
jurisdiction over the Work, have inspected, and approved the Work. Beneficial use or
occupancy shall not be the sole determining factor in determining whether Substantial
Completion has been achieved, unless a temporary certificate of occupancy has been
issued.
Work means the completed construction required by the Contract Documents, including all
labor necessary to produce such construction and all materials, supplies, and
equipment incorporated or to be incorporated in such construction.
2. Time is of the Essence
Contractor will promptly perform its duties under the Contract and will give the Work as
much priority as is necessary to cause the Work to be completed on a timely basis in
accordance with the Contract Documents. All Work shall be performed strictly (not
substantially) within the time limitations necessary to maintain the critical path and all
deadlines established in the Contract Documents.
All dates and periods of time set forth in the Contract Documents, including those for the
commencement, prosecution, interim milestones, milestones, and completion of the Work,
and for the delivery and installation of materials and equipment, were included because of
their importance to the City.
Contractor acknowledges and recognizes that the City is entitled to full and beneficial
occupancy and use of the completed Project following expiration of the Contract Time.
In agreeing to bear the risk of delays for completion of the Work except for extensions
approved in accordance with Article 72, Excusable Delays, the Contractor understands that,
except and only to the extent provided otherwise in the Contract Documents, the occurrence
of events of delay within the Contractor's, control, the Work shall not excuse the Contractor
from its obligation to achieve full completion of the Work within the Contract Documents
Time, and shall not entitle the Contractor to an adjustment. All parties under the control or
contract with the Contractor shall include but are not limited to material persons,
Subcontractors, suppliers, and laborers.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
The Contractor acknowledges that the City is purchasing the right to have the Contractor
continuously working at the Project(s) site(s) for the full duration of the Project(s) to ensure
the timely completion of the Work.
3. Contract Term; Contract Price
The Contract shall commence upon issuance of the Notice of Award, which shall be issued
subsequent to the execution of the Contract by the City. The Contract shall terminate upon
notice by the City that the Contract has been closed -out after final completion or otherwise
terminated by the City pursuant to the terms and conditions herein set forth. The total bid
amount shall be the Guaranteed Maximum Cost ("GMC") of the Project which means the
maximum cost of the work including labor, materials, equipment, overhead expenses and
profit. The City will not be liable for payment of any amount in excess of the GMC (unless
the City Commission has approved a project contingency or has approved a prior
amendment to the Contract, setting forth an additional amount due to Owner requested
changes or its equivalent).
4. Notices
Whenever either party desires to give Written Notice unto the other relating to the Contract,
such must be addressed to the party for whom it is intended at the place last specified; and
the place for giving of notice shall remain such until it shall have been changed by written
notice in compliance with the provisions of this Article. Notice shall be deemed given on the
date received or within 3 days of mailing, if mailed through the United States Postal Service.
Notice shall be deemed given on the date sent via e-mail or facsimile. Notice shall be
deemed given via courier/delivery service upon the initial delivery date by the
courier/delivery service, For the present, the parties designate the following as the
respective places for giving of notice:
For City of Miami:
Mr. Mark Spanioli, P.E., Director
City of Miami
Capital Improvements Program
444 S.W. 2nd Avenue - 8th Floor
Miami, Florida 33130
Mr. Jeovanny Rodriguez, P.E., Asst Director
City of Miami
Capital Improvements Program
444 S.W. 2nd Avenue - 8th Floor
Miami, Florida 33130
For Contractor:
(To Be Determined)
During the Work the Contractor shall maintain continuing communications with Consultant
and the Project Manager. The Contractor shall keep the City fully informed as to the
progress of the Project(s) at all times throughongoing communications with the Project
Manager.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
5. Priority of Provisions
If there is a conflict or inconsistency between any term, statement requirement, or provision
of any exhibit attached hereto, any document or events referred to herein, or any document
incorporated into the Contract Documents by reference and a term, statement, requirement,
the specifications and plans prepared by the Consultant, or provision of the Contract
Documents the following order of precedence shall apply:
In the event of conflicts in the Contract Documents the priorities stated below shall govern;
• Revisions and Change Orders to the Contract shall govern over the Contract
• The Contract Documents shall govern over the Contract
• Addendum to an ITB shall govern over an ITB
In the event of conflicts within the Contract Documents the priorities stated below shall
govern:
• Scope of Work and Specifications shall govern over plans and drawings
• Schedules, when identified as such shall govern over all other portions of the plans
• Specific notes shall govern over all other notes, and all other portions of the plans,
unless specifically stated otherwise
• Larger scale drawings shall govern over smaller scale drawings
• Figured or numerical dimensions shall govern over dimensions obtained by scaling
• Where provisions of codes, manufacturer's specifications or industry standards are in
conflict, the more restrictive or higher quality shall govern
6. Indemnification
Contractor shall indemnify and hold harmless City, its officers, agents, directors, and
employees, from liabilities, damages, losses, judgments, and costs, including, but not limited
to reasonable attorney's fees, to the extent caused by the negligence, recklessness ,
negligent act or omission, or intentional wrongful misconduct of Contractor and persons
employed or utilized by Contractor in the performance of this Contract. Contractor shall,
further, hold the City, its officials and employees, harmless for, and defend the City, its
officials and/or employees against, any civil actions, statutory or similar claims, injuries or
damages arising or resulting from the permitted work, even if it is alleged that the City, its
officials and/or employees were negligent. These indemnifications shall survive the term of
this Contract. In the event that any action or proceeding is brought against City by reason of
any such claim or demand, Contractor shall, upon written notice from City, resist and defend
such action or proceeding by counsel satisfactory to City. The Contractor expressly
understands and agrees that any insurance protection required by this Contract or otherwise
provided by Contractor shall in no way limit the responsibility to indemnify, keep and save
harmless and defend the City or its officers, employees, agents and instrumentalities as
herein provided.
The indemnification provided above shall obligate Contractor to defend, at its own expense,
to and through appellate, supplemental or bankruptcy proceeding, or to provide for such
defense, at City's option, any and all claims of liability and all suits and actions of every
name and description which may be brought against City whether performed by Contractor,
or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will
be interpreted under the laws of the State of Florida, including without limitation and
interpretation, which conforms to the limitations of §725.06 and/or §725.08, Fla. Statutes, as
applicable.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
Contractor shall require all Sub -Contractor agreements to include a provision that they will
indemnify the City.
The Contractor agrees and recognizes that the City shall not be held liable or responsible for
any claims which may result from any actions or omissions of the Contractor in which the
City participated either through review or concurrence of the Contractor's actions. In
reviewing, approving or rejecting any submissions by the Contractor or other acts of the
Contractor, the City in no way assumes or shares any responsibility or liability of the
Contractor or Sub -Contractor, under this Agreement.
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and
independent consideration for the granting of this Indemnification, the receipt and sufficiency
of which is acknowledged by the Contractor.
Contractor shall require all Sub -Contractor agreements to include a provision that they will
indemnify the City.
7. Insurance
Without limiting any of the other obligations or liabilities of Contractor, Contractor shall
provide, pay for, and maintain in force until all of its Work to be performed under this
Contract has been completed and accepted by City (or for such duration as is otherwise
specified hereinafter), the insurance coverage's set forth herein. Applicable coverage's are
underlined.
7.1. Workers' Compensation insurance is to apply for all employees in compliance with
the Statutory "Workers' Compensation Law" of the State of Florida and all applicable
federal laws. In addition, the policy(ies) must include:
• Waiver of Subrogation
• Statutory State of Florida
■ Limits of Liability
■ USL&H Endorsement
7.2. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) for bodily
injury caused by an accident, each accident; One Million Dollars ($1,000,000.00)
for bodily injury caused by disease, each employee; One Million Dollars
($1,000,000.00) for bodily injury caused by disease, policy limit.
7.3. Commercial General Liability (CGL) (Primary & Non Contributory) with minimum
limits of One Million Dollars ($1,000,000.00) each occurrence, combined single limit
for Bodily Injury Liability and Property Damage Liability, with a general aggregate
limit of Two Million Dollars ($2,000,000.00). Coverage must be afforded on a
primary and non contributory basis and with a coverage form no more restrictive than
the latest edition of the Comprehensive General Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include:
■ Products and/or Completed Operations for contracts with an Aggregate Limit of
One Million Dollars ($1,000,000.00) per project. Contractor shall maintain in
force until at least three years after completion of all Work required under the
Contract, coverage for Products and Completed Operations, including Broad
Form Property Damage.
• Personal and Advertising Injury with an aggregate limit of One Million Dollars
($1,000,000).
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
• CGL Required Endorsements
o Contingent Liability
o Contractual Liability
o Premises and/or Operations
o Explosion, Collapse and Underground Hazards
o Loading and Unloading
o Mobile Equipment (Contractor's Equipment) whether owned, leased,
borrowed or rented by Contractor or employees of the Contractor.
City is to be expressly included as an Additional Insured pursuant to endorsement
number CG 2010 11/85 or its equivalence.
7.4. Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence combined single limit for Bodily Injury and Property
Damage Liability. Coverage must be afforded on a form no more restrictive than the
latest edition of the Business Automobile Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include:
• Auto/All Owned Autos/Scheduled.
• Hired, Borrowed, and Non -Owned Vehicles.
• City of Miami as Additional Insured
7_5. Umbrella Policy (Excess Following Form)
• 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).
Excess coverage over the policies as follows:
• Commercial General Liability
• Business Automobile Liability
• Employer's Liability
City of Miami is listed as an additional insured.
7.6. Builder's Risk — NOT APPLICABLE
Causes of loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost Deductible: $10,000, all other Perils 5% maximum on
Wind and Flood, if applicable, City of Miami included as an Additional Insured.
A. LimitNalue at Location or Site (100% of construction value)
B. Coverage Extensions — as provided by carrier
7.7 Owners & Contractor's Protective
Each Occurrence
General Aggregate
$1,000,000
$1,000,000
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
7.8 Protection and Indemnity
$1,000,000
Jones Act included
City of Miami listed as an additional insured
The above policies shall provide the City with written notice of cancellation or material
change from the insurer not less than (30) days prior to any such cancellation or material
change. If the initial insurance expires prior to the completion of the Work, renewal copies of
policies shall be furnished at least thirty (30) days prior to the date of their expiration.
Notice of Cancellation and/or Restriction --The policy (ies) must be endorsed to provide the
City with at least thirty (30) days' notice of cancellation and/or restriction.
Contractor shall furnish to the Capital Improvement Program the Certificates of Insurance or
endorsements evidencing the insurance coverage specified above within fifteen (15)
calendar days after notification of award of the Contract. The required Certificates of
Insurance shall name the types of policies provided, refer specifically to this Contract, and
state that such insurance is as required by this Contract.
The official title of the Owner is the City of Miami, Florida. This official title shall be used in
all insurance documentation.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class
V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by
A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates
of insurance are subject to review and verification by Risk Management prior to insurance
approval.
The Risk Administrator or his/her authorized designee reserves the right to require
modifications, increases, or changes in the required insurance requirements, coverage,
deductibles or other insurance obligations by providing a thirty (30) day written notice to the
Contractor in accordance with Section 2, General Conditions, Article 4, Notices. Contractor
shall comply with such requests unless the insurance coverage is not then readily available
in the national market. An additive or deductive change order will be issued to adjust the
contract value as necessary. For insurance bonding issues and decisions, the City shall act
through its Risk Administrator (unless otherwise stated).
8. Performance and Payment Bond
Where required by the Contract Documents, the Contractor shall within fifteen (15) calendar
days of being notified of award, furnish a Performance/Payment Bond ("Bond") containing all
the provisions of the attached Performance/Payment forms.
Each Bond shall be in the amount of one hundred percent (100%) of the Contract value
guaranteeing to City the completion and performance of the Work covered in the Contract
Documents as well as full payment of all suppliers, laborers, or subcontractors employed
pursuant to this Project(s). Each Bond shall be with a Surety, which is qualified pursuant to
Article 9, Qualification of Surety.
Each. Bond shall continue in effect for one year after Final Completion and acceptance of the
Work with liability equal to one hundred percent (100%) of the Contract value, or an
additional bond shall be conditioned that Contractor will, upon notification by City, correct
any defective or faulty work or materials which appear within one year after Final Completion
of the Project(s).
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
The City must be listed as an Obligee.
Pursuant to the requirements of Section 255.05(1), Florida Statutes, as amended from time
to time, Contractor shall ensure that the Bond(s) referenced above shall be recorded in the
public records and provide City with evidence of such recording.
Alternate Form of Security:
In lieu of a Performance/Payment Bond, Contractor may furnish alternate forms of security,
which may be in the form of cash, money order, certified check, cashier's check or
unconditional letter of credit in the form attached. Such alternate forms of security shall be
subject to the prior approval of City and for same purpose and shall be subject to the same
conditions as those applicable above and shall be held by City for one year after completion
and acceptance of the Work.
9. Qualification of Surety
Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000):
Each Bond must be executed by a surety company with a rating of (A-) and based on the
Financial Size Category of (VII). The surety company must be of recognized standing,
authorized to do business in the State of Florida as surety, having a resident agent in the
State of Florida and having been in business with a record of successful continuous
operation for at least five (5) years.
The Surety shall hold a current certificate of authority as acceptable surety on federal bonds
in accordance with United States Department of Treasury Circular 570, Current Revisions.
If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in
order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in
the circular, and the excess risks must be protected by coinsurance, reinsurance, or other
methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR
Section 223.10, Section 223.111). Further, the Surety shall provide City with evidence
satisfactory to City, that such excess risk has been protected in an acceptable manner.
10. General Requirements
The .employee(s) of the Contractor shall be considered to be at all times its employee(s),
and not employee(s) or agent(s) of the City or any of its departments.
The Contractor agrees that the Contractor will at all times employ, maintain and assign to
the performance of a Project a sufficient number of competent and qualified professionals
and other personnel to meet the requirements of the Work to be performed.
The Contractor agrees to adjust staffing levels or to replace any staff personnel if so
requested by the Project Manager, should the Project Manager make a determination that
said staffing is unacceptable or that any individual is not performing in a manner consistent
with the requirements for such a position.
The Contractor shall perform the work complete, in place, and ready for continuous service,
and shall include repairs, testing, permits, clean-up, replacements, and restoration required
as a result of damages caused during this construction.
The Contractor represents that its personnel and Subcontractors have the proper skills,
training, background, knowledge, experience, rights, authorizations, integrity, character and
licenses as necessary to perform the Work, in a competent and professional manner.
The Contractor shall provide temporary facilities and controls necessary to perform the Work
and to ensure safe and proper access and use of the site by the Project Manager and the
Consultant. The Contractor shall at all times cooperate with the City, or the Consultant and
coordinate its respective Work efforts to most effectively and efficiently progress the
performance of the Work.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
The City, the Consultant and other agencies authorized by the City, shall have full access to
the Project(s) site(s) at all times.
The Contractor shall be responsible for the good condition of the Work or materials until
formal release from his obligations under the terms of the Contract Documents.
All newly constructed work shall be carefully protected from injury in any way. No wheeling
or walking or placing of heavy loads on it shall be allowed and the Contractor at its own
expense shall reconstruct all portions damaged.
Contractor shall bear all losses incurred on account of the amount or character of the Work,
or the character of the ground, being different from what he anticipated.
The Contractor shall at all times conduct the Work in such manner and in such sequence as
will ensure the least practicable local interference. Contractor shall not open up Work to the
prejudice of Work already started, and the Project Manager may require the Contractor to
finish a section on which Work is in progress before Work is started on any additional
section.
Contractor is to take necessary precautions and use caution when working in or around
overhead transmission lines and underground utilities.
Contractor is responsible to control dust and prevent it from becoming a public nuisance or
causing off -site damage. Contractor shall take all necessary and prudent measure to
control dust.
The apparent silence of the Contract Documents as to any detail, or the apparent omission
from them of a detailed description concerning any Work to be done and materials to be
furnished, shall be regarded as meaning that only best practices are to prevail and only
materials and workmanship of the best quality are to be used in the performance of the
Work.
11. Method of Performing the Work
The apparent silence of the Contract Documents as to any detail, or the apparent omission
from them of a detailed description concerning any Work to be done and materials to be
furnished, shall be regarded as meaning that only the best general practice is to prevail and
that only material and workmanship of the best quality is to be used, and interpretation of
the Contract Documents shall be made upon that basis.
When measurements are affected by conditions already established or where items are to
be fitted into constructed conditions, it shall be the Contractor's responsibility to verify all
such dimensions at the site and the actual job dimensions shall take precedence.
If the Project Manager or Consultant reasonably determines the rate of progress of the Work
is not such as to ensure its completion within the designated completion time, or if, in the
opinion of the Project Manager or Consultant, the Contractor is not proceeding with the
Work diligently or expeditiously or is not performing all or any part of the Work according to
the Project schedule accepted by or determined by the Project Manager or Consultant, the
Project Manager or the Consultant shall have the right to order the Contractor to do either or
both of the following: (1) improve its work force; and/or (2) improve its performance in
accordance with the schedule to ensure completion of the Project(s) within the specified
time. The Contractor shall immediately comply with such orders at no additional cost to the
City. (3) The City at its sole option may also have Work performed by a third party
contractor and deduct such cost from any monies due the Contractor.
Where materials are transported in the performance of the Work, vehicles shall not be
loaded beyond the capacity recommended by the vehicle manufacturer or permitted by
Federal, State or local law(s). When it is necessary to cross curbing or sidewalks, protection
against damage shall be provided by the Contractor and any damaged curbing, grass areas,
sidewalks or other areas shall be repaired at the expense of the Contractor to the
satisfaction of the Project Manager or Consultant.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
The Contractor shall furnish to the Project Manager and the Consultant a complete listing of
24-hour telephone numbers at which responsible representatives of the Contractor and all of
the Contractor's Subcontractor can be reached should the need arise at any time.
12. Work Staging and Phasing
The Work to be performed shall be done in such a manner so as not to interfere with the
normal City operations of the Project site or facility. The manner in which the Work is
performed shall be subject to the approval of the Project Manager or Consultant, whom if
necessary, shall have the authority to require changes in the manner in which the Work is
performed. There shall be no obstruction of City services without the prior written approval
of the Project Manager or Consultant. All requests for such interruption or obstruction must
be given in writing to the Project Manager or Consultant 24 hours in advance of the
interruption of City operations.
The Contractor shall familiarize itself with normal City operations where the Work is to be
performed so that it can conduct the Work in the best possible manner to the complete
satisfaction of the Project Manager and Consultant.
A staging plan must be submitted to and approved by the Project Manager or the Consultant
prior to the start of construction and issuance of the Notice to Proceed. Such staging plan
shall be revised and resubmitted as necessary during construction.
13. Site Investigation and Representation
The Contractor acknowledges that it has satisfied itself as to the nature and location(s) of
the Work under the Contract Documents, the general and local conditions, particularly those
bearing upon availability of transportation, disposal, handling and storage of materials,
availability of labor, water, electric power, and roads, the conformation and conditions at the
ground based on City provided reports, the type of equipment and facilities needed
preliminary to and during the performance of the Work and all other matters which can in
any way affect the Work or the cost thereof under the Contract Documents.
The Contractor further acknowledges that it has satisfied itself based on any geotechnical
reports the City may provideand inspection of the Project(s) site(s) as to the character,
quality, and quantity of surface and subsurface materials to be encountered from inspecting
the site and from evaluating information derived from exploratory work that may have been
done by the City or included in this Contract Documents.
Contractor should examine the soil conditions at the Project site to determine if any special
shoring, sheeting, or other procedures necessary to protect adjacent property during
excavation of subsoil materials or during filling of any area(s), or for any operation that may
be required during the performance of the Work.
Any failure by the Contractor to acquaint itself with all the provided information and
information obtained by visiting the Project(s) site(s) will not relieve Contractor from
responsibility for properly estimating the difficulty or cost thereof under the Contract
Documents. In the event that the actual subsurface conditions vary from the actual City
provided reports the Contractor shall notify the City and this Contract Documents amount
may be adjusted up or down depending on the conditions.
14. Contractor to Check Plans, Specifications and Data
Contractor shall verify all dimensions, quantities and details shown on the plans,
specifications or other data received from Project Manager or Consultant as part of a
Contract Documents, and shall notify the Project Manager and the Consultant of all errors,
omissions and discrepancies found therein within three (3) calendar days of discovery.
Contractor will not be allowed to take advantage of any error, omission or discrepancy, as
full instructions will be furnished the Project Manager or by Consultant. Contractor shall not
be liable for damages resulting from errors, omissions or discrepancies in the Contract
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
Documents unless Contractor recognized such error, omission or discrepancy and
knowingly failed to report it to Project Manager or Consultant.
15. Contractor's Responsibility for Damages and Accidents
Contractor shall accept full responsibility for Work against all losses or damages of whatever
nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no
additional cost to the City any Work, materials, equipment, or supplies damaged, lost,
stolen, or destroyed from any cause whatsoever.
Contractor shall accept full responsibility for Work against all losses or damages of whatever
nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no
additional cost to the City, and to the satisfaction of the Project Manager, any Work,
materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause
whatsoever.
Lawn Areas All lawn areas disturbed by construction shall be replaced with like kind to a
condition similar or equal to that existing before construction. Where sod is to be removed, it
shall be carefully removed, and the same re -sodded, or the area where sod has been
removed shall be restored with new sod in the manner described in the applicable section.
Fences - Any fence, or part thereof, that is damaged or removed during the course of the
work shall be replaced or repaired by the Contractor, and shall be left in as good a condition
as before the starting of the work.
Where fencing, walls, shrubbery, grass strips or area must be removed or destroyed incident
to the construction operation, the Contractor shall, after completion of the work, replace or
restore to the original condition all such destroyed or damaged landscaping and
improvements.
16. Accidents
The Contractor shall provide such equipment and facilities as are necessary or required, in
the case of accidents, for first aid service to person who may be injured during the Project(s)
duration. The Contractor shall also comply with the OSHA requirements as defined in the
United States Labor Code 29 CFR 1926.50.
In addition, the Contractor must report immediately to the Project Manager and Consultant
every accident to persons or damage to property, and shall furnish in writing full information,
including testimony of witnesses regarding any and all accidents.
17. Safety Precautions
Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
All employees on the Project(s) site(s) and other persons who may be affected
thereby;
All the Work and all materials or equipment to be incorporated therein, whether in
storage on or off the Project(s) site(s); and
• Other property at the Project(s) Site(s) or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated for
removal, relocation or replacement in the course of construction.
Contractor shall designate a responsible member of its organization at the Project(s) site(s)
whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Project Manager.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of
any public body having jurisdiction for the safety of persons or property or to protect them
from damage, injury or loss; and shall erect and maintain all necessary safeguards for such
safety and protection. Contractor shall notify owners of adjacent property and utilities when
prosecution of the Work may affect them. All damage, injury or loss to any property caused
directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly
or indirectly employed by any of them or anyone for whose acts any of them may be liable,
shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and
protection of the Work shall continue until such time as all the Work is completed and
Project Manager or Consultant has issued the Contractor a notice of Final Acceptance.
Contractor must adhere to the applicable environmental protection guidelines for the
duration of a Project. If hazardous waste materials are used, detected or generated at any
time, the Project Manager must be immediately notified of each and every occurrence. The
Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements
of public authorities (including OSHA, EPA, DERM, the City, Miami -Dade County, State of Florida,
and Florida Building Code), which bear on the performance of the Work.
The Contractor shall take the responsibility to ensure that all Work is performed using
adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing,
scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and
ladders that are necessary for the protection of its employees, as well as the public and City
employees. All riggings and scaffolding shall be constructed with good sound materials, of
adequate dimensions for their intended use, and substantially braced, tied or secured to
ensure absolute safety for those required to use it, as well as those in the vicinity. All
riggings, scaffolding; platforms, equipment guards, trenching, shoring, ladders and similar
actions or equipment shall be OSHA approved, as applicable, and in accordance with all
federal state and local regulations.
All open trenches or holes shall be properly marked and barricaded to assure the safety of
both vehicular and pedestrian traffic. No open trenches or holes are to be left open during
nighttime or non -working hours without the prior written approval of the Project Manager.
If an emergency condition should develop during a Project, the Contractor must immediately
notify the Project Manager and Consultant of each and every occurrence. The Contractor
should also recommend any appropriate course(s) of action to the Project Manager and the
Consultant.
18. Occupational Health and Safety
In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-
41.03 of the Florida Administrative Code delivered as a result of a Project must be
accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
• The chemical name and the common name of the substance.
• The hazards or other risks in the use of the substance, including:
o The potential for fire, explosion, corrosion, and reaction;
o The known acute and chronic health effects of risks from exposure, including the
medical conditions which are generally recognized as being aggravated by
exposure to the substance; and
o The primary routes of entry and symptoms of overexposure.
• The proper precautions, handling practices, necessary personal protective
equipment, and other safety precautions in the use of or exposure to the substances,
including appropriate emergency treatment in case of overexposure.
• The emergency procedure for spills, fire, disposal, and first aid.
• A description in lay terms of the known specific potential health risks posed by the
substance intended to alert any person reading this information.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
• The year and month, if available, that the information was compiled and the name,
address, and emergency telephone number of the manufacturer responsible for
preparing the information.
19. Labor and Materials
Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor,
water, tools, equipment, light, power, transportation and other facilities and services
necessary for the proper execution and completion of the Work, whether temporary or
permanent and whether or not incorporated or to be incorporated in the Work.
Contractor shall at all times enforce strict discipline and good order among its employees
and Subcontractors at the Project(s) site(s) and shall not employ on the Project(s) any unfit
person or anyone not skilled in the Work to which they are assigned.
20. Rules, Regulations and Licenses
The successful Contractor shall comply with all laws and regulations applicable to provision
of services specified in the Contract Documents. The Contractor shall be familiar with all
federal, state and local laws that may in affect the goods and/or services offered.
21. Consultant Services
The City, at its sole discretion may hire a Consultant who shall serve as the City's
Representative for the Project(s) to be performed under the Contract Documents. The
Contract Documents will state that an City's representative has been contracted with for the
management of the Work under the Contract Documents and who will be the lead point of
contact, the Consultant or the Project Manager. Where a Consultant has been identified,
the Consultant and the Project Manager will have authority to act on behalf of the City to the
extent provided in the Contract Documents and as outlined in Article 25, Authority of the
Project Manager, of the General Terms and Conditions.
On the basis of the on -site observations, the Consultant will keep the Project Manager
informed of the progress of the Work. In the capacity of interpreter, the Consultant will
exercise the best efforts to ensure faithful performance by both the Project Manager and the
Contractor and will not show partiality to either.
The Project Manager will assist the Consultant in conducting inspections to determine the
date or dates of Substantial Completion and Final Acceptance and will receive and review
written warranties and related documents required by the Contract and the Contract
Documents. The Consultant will be responsible for receiving all documentation for review
and acceptance. Upon acceptance such documentation will be forwarded to the Project
Manager. The Project Manager in conjunction with the Consultant will approve Schedules
of Values, Project Schedules, Subcontractors and invoices.
The City may contract for additional consultant services, including but not limited to
construction examination and observation services. Such services are intended to be
additional services and are not intended to and shall not be construed to supplant or alter
the role and responsibilities of the Consultant.
In case of the termination of employment of the Consultant, the City may, at its sole
discretion, appoint another Consultant, whose status under the Contract shall be as that of
the former Consultant,
22. Project Management
Where a Contractor is awarded Work, the Contractor shall be responsible for all Project
management, including any and all subcontracts necessary to ensure that the Work is
performed in accordance with the Contract Documents. Project Management shall include,
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
but is not limited to: obtaining bids from Subcontractors and suppliers; coordinating the
securing of all permits; obtaining licenses and inspections; ensuring that Subcontractors
comply with all City requirements; performing the Work in accordance with the Contract
Documents to the satisfaction of the Project Manager; paying all Subcontractors; obtaining
release of liens/claims fees; and obtaining temporary and final Certificates of Occupancy or
Completion.
23. Superintendence and Supervision
The orders of the City are given through Consultant or Project Manager, which instructions
are to be strictly and promptly followed in every case. Contractor shall keep on the Project
during its progress, a full-time competent English speaking superintendent and any
necessary assistants, all satisfactory to Project Manager or Consultant. The superintendent
shall not be changed except with the written consent of Project Manager or Consultant,
unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its
employ. The superintendent shall represent Contractor and all directions given to the
superintendent shall be as binding as if given to Contractor and will be confirmed in writing
by Project Manager or Consultant upon the written request of Contractor. Contractor shall
give efficient supervision to the Work, using its best skill and attention. The Project Manager
and the Consultant shall be provided telephone number(s) for the superintendent where the
superintendent can be contacted during normal working hours as well as after hours for
emergencies.
On Projects in excess on thirty (30) calendar days the Contractor's superintendent shall
record, at a minimum, the following information in a bound log:. the day; date; weather
conditions and how any weather condition affected progress of the Work; time of
commencement of Work for the day; the Work being performed; materials, labor, personnel,
equipment and Subcontractors at the Project(s) site(s); visitors to the Project site, including
representatives of the City, Consultant, regulatory representatives; any special or unusual
conditions or occurrences encountered; and the time of termination of Work for the day. All
information shall be recorded in the daily log in indelible ink. The daily log shall be kept on
the Project(s) site(s) and shall be available at all times for inspection and copying by Project
Manager and Consultant.
The Project Manager, Contractor and Consultant shall meet at least every two (2)weeks or
as otherwise determined by the Project Manager, during the course of the Work to review
and agree upon the Work performed and outstanding issues. The Contractor shall publish,
keep, and distribute minutes and any comments thereto of each such meeting.
If Contractor, in the course of performing the Work, finds any discrepancy between the
Contract Documents and the physical conditions of the locality, or any errors, omissions, or
discrepancies in the Plans, it shall be Contractor's duty to immediately inform Project
Manager and Consultant, in writing, and Project Manager or Consultant, will promptly review
the same. Any Work done after such discovery, until authorized, will be done at Contractor's
sole risk.
Contractor shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for
the means, methods, techniques, sequences and procedures of construction.
All Work, including trade Work shall be performed and supervised by properly licensed for
the Work being performed.
24. Subcontractors
Contractor is solely responsible for all acts and omissions of its Subcontractors Nothing in
the Contract Documents shall create any contractual relationship between any
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
Subcontractor and the City. Contractor is responsible for the timely payment of its
Subcontractors and suppliers as required by Florida Stature. Failure to comply with these
payment requirements will place the Contractor in default of the Contract.
Contractor shall not employ any subcontractor against whom City and or Program Manager
may have a reasonable objection. Contractor shall not be required to employ any
subcontractor against whom Contractor has a reasonable objection. Contractor shall utilize
the Subcontractors identified in its Bid submission. The replacement, addition, or deletion of
any Subcontractor(s) shall be subject to the prior written approval of the Project Manager.
With the submission of its pay application the Contractor must identify the number of
personnel they and the Subcontractor(s) are using who are working under H2B visas. Third
tier subcontracting is only permitted with the prior written approval of the Project Manager.
25. Authority of the Project Manager
The Director hereby authorizes the Project Manager and the Consultant designated in the
Contract Documents to determine, all questions of any nature whatsoever arising out of,
under or in connection with, or in any way relating to or on account of the Work, and
questions as to the interpretation of the Work to be performed under this Contract
Documents.
The Contractor shall be bound by all determinations or orders of the Project Manager and/or
Consultant and shall promptly respond to requests of the Project Manager and/or
Consultant, including the withdrawal or modification of any previous order, and regardless of
whether the Contractor agrees with the Project Manager's and/or Consultant's determination
or requests. Where requests are made orally, the Project Manage and/or Consultant will
follow up in writing, as soon thereafter as is practicable.
The Project Manager and/or Consultant shall have authority to act on behalf of the City to
the extent provided by the Contract Documents, unless otherwise modified in writing by the
City. All instructions to the Contractor shall be issued in writing. All instructions to the
Contractor shall be issued through the Director, Project Manager or the Consultant.
The Project Manager and/or Consultant shall have access to the Project(s) Site(s) at all
times. The Contractor shall provide safe facilities for such access so the Project Manager
and Consultant may perform their functions under the Contract. The Project Manager and
Consultant will make periodic visits to the Work Site to become generally familiar with the
progress and quality of the Work, and to determine if the Work is proceeding in accordance
with the Contract Documents.
The Project Manager and Consultant will not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in
connection with the Work, and will not be responsible for the Contractor's failure to carry out
the Work in accordance with the Contract Documents.
The Project Manager and Consultant will have authority to reject Work that does not
conform to the Contract Documents. Whenever, in his or her opinion, it is considered
necessary or advisable to ensure the proper completion of the Contract Documents the
Project Manager and Consultant will have authority to require special inspections or testing
of the Work, whether or not such Work is fabricated, installed or completed. Neither the
Project Manager's nor Consultant's authority to act under this paragraph, nor any decision
made by him in good faith either to exercise or not to exercise such authority, shall give rise
to any duty or responsibility of the Project Manager or Consultant to the Contractor, any
subcontractor, supplier or any of their agents, employees, or any other person performing
any of the Work.
All interpretations and recommendations of the Project Manager and Consultant shall be
consistent with the intent of the Contract Documents.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
The Project Manager and Consultant will not be responsible for the acts or omissions of the
Contractor, any Subcontractor, or any of their agents or employees, or any other persons
performing any of the Work.
26. Inspection of Work
The Project Manager, Consultant, Inspectors, and other City representatives shall at all
times have access to the Work during normal work hours, and Contractor shall provide
proper facilities for such access and for inspecting, measuring and testing.
Should the Contract Documents, Consultant/Inspector Project Manager's instructions, any
laws, ordinances, or any public authority require any of the Work to be specially tested or
approved, Contractor shall give Project Manager and Consultant timely notice of readiness
• of the Work for testing. If the testing or approval is to be made by an authority other than a
City of Miami contracted firm, timely notice shall be given of the date fixed for such testing.
Testing shall be made promptly, and, where practicable, at the source of supply. If any of
the Work should be covered up without approval or consent of Project Manager or
Consultant, it must, if required by the Project Manager and/or Consultant, be uncovered for
examination and properly restored at Contractor's expense.
Unless otherwise provided, the Contractor shall make arrangements for such tests,
inspections and approvals. The Contractor shall give the City and the Consultant timely
notice of when and where tests and inspections are to be made so that the City and
Consultant may be present for such procedures. All testing reports are to be sent directly to
the Project Manager by the testing firm, with a copy to the Contractor.
Re-examination of any of the Work may be ordered by the Project Manager and Consultant,
and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in
accordance with the Contract Documents, City shall pay the cost of reexamination and
replacement by means of a Change Order. If such Work is not in accordance with the
Contract Documents, Contractor shall pay such cost.
The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the City or separate contractors caused by
the Contractor's correction or removal of Work which is not in accordance with the
requirements of the Contract Documents.
Inspectors shall have no authority to permit deviations from, or to relax any of the provisions
of the Contract Documents or to delay the Work by failure to inspect the materials and Work
with reasonable promptness without the written permission or instruction of Project Manager
and Consultant.
The payment of any compensation, whatever may be its character or form, or the giving of
any gratuity or the granting of any favor by the Contractor to any Inspector, directly or
indirectly, is strictly prohibited, and any such act on the part of the Contractor will constitute
a breach of this Contract.
27. Taxes
Contractor shall pay all applicable sales, consumer, use and other taxes required by law.
Contractor is responsible for reviewing the pertinent state statutes involving state taxes and
complying with all requirements.
28. Separate Contracts
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
Prior to the commencement of the Work the Project Manager will notify the Contractor of all
ongoing projects or projects scheduled to commence during the Work that may require
coordination. The Contractor shall be responsible for coordinating the Work with any other
project to minimize any potential adverse impact. Contractor shall not be entitled to any
days of delay for failure to properly coordinate the Work. The Consultant and the Project
Manager will assist the Contractor in coordinating the Work. However, the sole
responsibility for coordination rests with the Contractor.
If any part of Contractor's Work depends for proper execution or results upon the work of
any other persons, Contractor shall inspect and promptly report to Project Manager and
Consultant any defects in such work that render it unsuitable for such proper execution and
results. Contractor's failure to so inspect and report shall constitute an acceptance of the
other person's work as fit and proper for the reception of Contractor's Work, except as to
defects which may develop in other contractor's work after the execution of Contractor's
Work.
Contractor shall conduct its operations and take all reasonable steps to coordinate the
prosecution of the Work so as to create no interference or impact on any other contractor on
the site. Should such interference or impact occur, Contractor shall be liable to the affected
contractor for the cost of such interference or impact.
To ensure the proper execution of subsequent Work, Contractor shall inspect the Work
already in place and shall at once report to Project Manager and Consultant any
discrepancy between the executed Work and the requirements of the Contract Documents.
29. Lands of Work
City shall provide, as may be indicated in the Contract Documents, the lands upon which the
Work is to be performed, rights -of -way and easements for access thereto and such other
lands as are designated by City for the use of Contractor.
Contractor shall provide, at Contractor's own expense and without liability to City, any
additional land and access thereto that may be required for temporary construction facilities,
or for storage of materials. Contractor shall furnish to City copies of written permission
obtained by Contractor from the owners of such facilities.
30. Coordination of Work
The Project Site(s) may be occupied and may operate on a twenty-four hour seven day a
week schedule. Contractor shall ensure that the performance of the Work does not impact
any ongoing operations at Project(s) site(s), which also includes the delivery of any
materials and equipment. Access to and egress from the Project Site(s) shall be
coordinated with the Project Manager and the Consultant to minimize interference to regular
and emergency operations of the facility.
During progress of Work under this Contract, it may be necessary for other contractor's and
persons employed by the City to Work in or about the Project. The City reserves the right to
put such other contractors to work and to afford such access to the Project site of the Work
to be performed hereunder at such times as the City deems proper.
If this Contract requires a portion of the Work to be tied into work done under another
Contractor(s), it will be necessary for Contractor to plan its Work and cooperate with other
contractors insofar as possible to prevent any interference and delay.
The Contractor is required to coordinate the Work with other contractors performing work at
the Project(s) site. The Contractor shall not impede or interfere with the work of other
contractors engaged in or about the Work and shall so arrange and conduct its Work that
such other contractors may complete their work at the earliest date possible.
31. Differing Site Conditions
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
In the event that during the course of the Work Contractor encounters subsurface or
concealed conditions at the Project(s) site(s) which differ materially from those shown in the
Contract Documents and from those ordinarily encountered and generally recognized as
inherent in work of the character called for in the Contract Documents; or unknown physical
conditions of the Project(s) site(s), of an unusual nature, which differ materially from that
ordinarily encountered and generally recognized as inherent in work of the character called
for in the Contract Documents, Contractor, without disturbing the conditions and before
performing any Work affected by such conditions, shall, within twenty-four (24) hours of their
discovery, notify the Project Manager and Consultant in writing of the existence of the
aforesaid conditions. Project Manager and the Consultant shall, within two (2) business
days after receipt of Contractor's written notice, investigate the site conditions identified by
Contractor. If, in the sole opinion of Project Manager or the Consultant, the conditions do
materially so differ and cause an increase or decrease in Contractor's cost of, or the time
required for, the performance of any part of the Work, whether or not charged as a result of
the conditions, Project Manager or Consultant shall recommend an equitable adjustment to
the Contract Documents Price or Contract Documents Time, or both. If the Project Manager
and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the
adjustment shall be referred to the Director for determination. Should the Director determine
that the conditions of the Project(s) site(s) are not so materially different to justify a change
in the terms of the Contract Documents, the Director shall so notify the Project Manager,
Consultant, and Contractor in writing, stating the reasons, and such determination shall be
final and binding upon the parties hereto.
No request by Contractor for an equitable adjustment to the Contract Documents under this
provision shall be allowed unless Contractor has given written notice in strict accordance
with the provisions of this Article. No request for an equitable adjustment or change to the
Contract price or Contract Time for differing site conditions shall be allowed if made after the
date certified by Consultant or Project Manager as the date of substantial completion.
32. Existing Utilities
Known utilities and structures adjacent to or encountered in the Work may be shown on the
Drawings. Locations shown are taken from existing records and the best information
available from existing plans and utility investigations; however, it is expected that there may
be some discrepancies and omissions in the locations and quantities of utilities and
structures shown. Those shown are for the convenience of the Contractor only, and no
responsibility is assumed by the City, its officials or employees for their accuracy or
completeness. No request for additional compensation or contract time resulting from
encountering utilities not shown will be considered. The Contractor shall explore sufficiently
ahead of the Work to allow time for any necessary adjustments. The Contractor must
coordinate all underground utility locations through "Sunshine State One Call of Florida, Inc",
which shall be contacted a minimum of 48 hours before the Contractor commences any
digging. In addition, the Contractor is responsible for removing all utility markings once the
work is completed. Final payment to the Contractor may be withheld until the utility marks
are removed.
33. Contractor's Responsibility for Utility Properties and Service
Where the Contractor's operations could cause damage or inconvenience to railway,
telephone, fiber optic, television, electrical power, oil, gas, water, sewer or irrigation
systems, the Contractor shall make all arrangements necessary for the protection of these
utilities and services or any other known utilities.
Notify all utility companies that are affected by the construction operation at least 48 hours in
advance. Under no circumstance expose any utility without first obtaining permission from
the appropriate agency. Once permission has been granted, locate, expose, and provide
temporary support for all existing underground utilities and utility poles where necessary.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
The Contractor and his Subcontractors shall be solely and directly responsible to the owner
and operators of such properties for any damage, injury, expense, loss, inconvenience,
delay, suits, actions, or claims of any character brought because of any injuries or damage
which may result from the construction operations under the Contract Documents.
Neither the City nor its officers or agents shall be responsible to the Contractor for damages
as a result of the Contractor's failure to protect utilities encountered in the Work.
In the event of interruption to domestic water, sewer, storm drain, or other utility services as
a result of accidental breakage due to construction operations, promptly notify the proper
authority. Cooperate with said authority in restoration of service as promptly as possible
and bear all costs of repair. In no event shall interruption of any utility service be allowed
unless granted by the owner of the utility.
In the event water service lines that interfere with trenching are encountered, the Contractor
may, by obtaining prior approval of the water utility, cut the service, dig through, and restore
the service with similar and equal materials at the Contractor's expense and as approved by
the Project Manager or Consultant.
Replace, with material approved by the Project Manager or Consultant, at Contractor's
expense, any and all other laterals, existing utilities or structures removed or damaged
during construction, unless otherwise provided for in the Contract Documents and as
approved by the Project Manager or Consultant.
Replace with material approved by the Project Manager or Consultant, at Contractor's
expense, any existing utilities damaged during the Work.
34. Interfering Structures
An attempt has been made to show major structures on the furnished Drawings. While the
information has been compiled from the best available sources, its completeness and
accuracy cannot be guaranteed, and is presented as a guide. The Contractor shall field
verify all locations. Contractor shall coordinate with any affected companies, including utility
companies and take necessary precautions to prevent damage to existing structures
whether on the surface, above ground, or underground, including have the owner of the
interfering structures place temporary supports.
35. Field Relocation
During the process of the Work, it is expected that minor relocations of the Work may be
necessary. Such relocations shall be made only by the direction of the Project Manager and
Consultant at the Contractor's expense. If existing structures are encountered that will
prevent construction as shown, the Contractor shall notify the Project Manager or
Consultant before continuing with the Work in order that the Project Manager or Consultant
may make such field revisions as necessary to avoid conflict with the existing structures.
Where the Contractor fails to notify the Project Manager or Consultant when an existing
structure is encountered, and proceeds with the Work despite this interference, the
Contractor does so at his own risk.
36. Contractor's Use of Project Site(s)
Limitations may be placed on the Contractor,s use of the Project(s) site(s) and such
limitations will be identified by the Project Manager. In addition to such limitations, the
Project Manager may make storage available to the Contractor at his sole discretion based
on availability of space. The Contractor shall also coordinate and schedule deliveries so as
to minimize disruptions to City day-to-day operations.
The Contractor shall limit its use of the Project site(s), so as to allow for the City's
continuous operation. This is necessary, as the Project Site(s) may remain in operation
during the Work.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
The Contractor shall:
o Confine operations at the Project(s) site(s) to the areas permitted by the Project
Manager or Consultant; not disturb portions of the Project(s) site(s) beyond the
specified areas; conform to Project(s) site(s) rules and regulations affecting the
Work.
o Keep existing driveways and entrances serving surrounding facilities clear and
available to the City, its employees and the public at all times; not use areas for
parking and/or storage of materials except as authorized by the Project Manager.
o Assume all responsibility for its tools, equipment and materials, including any
materials purchased for the Work and not accepted by the City, and its vehicles
while performing Work for the City and/or while parked or stored at a City facility.
The City assumes no liability for damage or loss to the items specified in this
paragraph.
Access to parking and egress from the Project(s) site(s) shall be subject to the approval of
the Project Manager.
37. Warranty of Materials and Equipment
Contractor warrants to City that all materials and equipment furnished under the Contract
Documents will be new unless otherwise specified and that all of the Work will be of good
quality, free from faults and defects and in conformance with the Contract Documents and
Contract/Documents. All Work not conforming to these requirements, including substitutions
not properly approved and authorized, may be considered defective. If required by the
Project Manager or Consultant, Contractor shall furnish satisfactory evidence as to the kind
and quality of materials and equipment. This warranty is not limited by any other provisions
within the Contract Documents.
38. Material and Equipment Shipment, Handling, Storage and Protection
Preparation for Shipment
When practical, equipment shall be factory assembled. The equipment parts and
assemblies that are shipped unassembled shall be furnished with assembly plan and
instructions. The separate parts and assemblies shall be factory match -marked or tagged in
a manner to facilitate assembly. All assemblies are to be made by the Contractor at no
additional cost to the City.
Generally, machined and unpainted parts subject to damage by the elements shall be
protected with an application of a strippable protective coating, or other approved protective
method.
Equipment shall be packaged or crated in a manner that will provide protection from
damage during shipping, handling, and storage.
The outside of the package or crate shall be adequately marked or tagged to indicate its
contents by name and equipment number, if applicable; approximate weight; state any
special precautions for handling; and indicate the recommended requirements for storage
prior to installation.
Packaging and Delivery of Spare Parts and Special Tools
Properly mark to identify the associated equipment by name, equipment, and part number.
Parts shall be packaged in a manner for protection against damage from the elements
during shipping, handling, and storage. Ship in boxes that are marked to indicate the
contents. Delivery of spare parts and special tools shall be made prior to the time associated
equipment is scheduled for the initial test run.
Shipment
All equipment and material shall be shipped with freight and shipping paid, FOB job site.
The Contractor shall request a 7-day advance notice of shipment from manufacturers, and,
upon receipt of such notice, provide the Engineer with a copy of the current delivery
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
information concerning equipment items and material items of critical importance to the
Project schedule.
Receiving
The Contractor shall unload and record the receipt of all equipment and materials at the
jobsite.
AU costs for receiving, inspection, handling, storage, insurance, inventory control, and
equipment maintenance for the Contractor -supplied and City -supplied materials and
equipment shall be included in the prices Bid and no extra compensation will be allowed.
Inspection
Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall
inspect for completeness and any evidence of damage during shipment. City supplied
equipment and material shall be inspected and inventoried together with City's Inspector.
Should there appear to be any shortage or damage, the Project Manager or Consultant shall
be immediately notified; and the Contractor shall be fully responsible for informing the
manufacturers and the transportation company of the extent of the shortage or damage. If
the item or items require replacing or supplying missing parts, the Contractor shall take the
necessary measures to expedite the replacement or supply the missing parts.
Handling
Equipment and materials received for installation on the Project(s) shall be handled in
accordance with the manufacturer's recommendations, and in a manner that will prevent
damage.
Storage
Equipment and materials shall be stored prior to installation as recommended by the
manufacturer. Generally, materials such as pipe shall be stored off the ground in approved
storage yards. Items subject to damage by the elements, vandalism, or theft shall be stored
in secure buildings. Items requiring environmental control for protection shall be provided
with the necessary environmentally controlled storage facilities at no cost to the City.
Insurance
The Contractor's insurance shall adequately cover the value of materials delivered but not
yet incorporated into the Work.
Inventory Control
Equipment and materials shall be stored in a manner to provide easy access for inspection
and inventory control. The Contractor shall keep a running account of all materials in
storage to facilitate inspection and to estimate progress payments for materials delivered but
not installed in the Work.
Equipment's Maintenance Prior to Acceptance by the City
The contractor shall provide the required or manufacturer's recommended maintenance
during storage, during the installation, and until such time as the City accepts the equipment
for full-time operation.
Salvage Equipment
Any salvageable pipe, fittings, or other miscellaneous material or equipment removed during
construction and not reused in the Work shall be cleaned, hauled, and stored by the
Contractor at his own expense, where directed by the Project Manager or Consultant, and
shall remain the property of the City. All other material shall be disposed of by the
Contractor at his own expense.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
39. Manufacturer's Instructions
The Contractor shall:
Comply with manufacturer's requirements for the handling, delivery and storage of all
materials. Where required by the Contract Documents, Contractor shall submit
manufacturer's printed instructions for delivery, storage, assembly, and installation.
Comply with the manufacturer's applicable instructions and recommendations for the
performance of the Work, to the extent that these instructions and recommendations are
more explicit or more stringent than requirements indicated in the Contract Documents
including the Contract Documents.
Inspect each item of material or equipment immediately prior to installation and reject
damaged and defective items.
Provide attachment and connection devices and methods for securing the Work; secure
Work true to line plumb and level, and within recognized industry standards; allow for
expansion and building movement; provide uniform joint width in exposed Work; arrange
joints in exposed Work to obtain the best visual effect and refer questionable visual effect
choices to the Consultant for final decision when applicable to the Work.
Re -check measurements and dimensions of the Work, as an integral step in starting each
portion of the Work.
Install each unit or section of Work during favorable weather conditions, which shall ensure
the best possible results in coordination with the entire Project(s) and isolate each unit of
Work from incompatible Work as necessary to prevent potential interference among each
section and/or deterioration of equipment.
Coordinate enclosure of the Work, which requires inspections and tests so as to minimize
the necessity of uncovering Work for that purpose.
When required by the Contract Documents or the manufacturer, a qualified representative
shall be present to observe field conditions, conditions of surface and installation, quality of
workmanship, and applications. Manufacturer's representative shall provide the Contractor
and the Project Manager or Consultant a written report of field observations.
40. Manufacturer's Warranty
Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or
implied, shall be made available to the City for material and equipment covered by this
Contract Documents. All material and equipment furnished shall be fully guaranteed by the
Contractor against factory defects and workmanship. At no expense to the City, the
Contractor shall correct any and all apparent and latent defects that may occur within the
manufacturer's standard warranty. The Contract Documents may supersede the
manufacturer's standard warranty. Manufacturer's warranties will become effective upon
Final Acceptance of the Project(s).
41. Reference Standards
Reference to the standards of any technical society, organization or body shall be construed
to mean the latest standard adopted and published at the date the Invitation to Bid was
issued, even though reference may have been made to an earlier standard. Such reference
is hereby made a part of the Contract Documents the same as if herein repeated in full and
in the event of any conflict between any of these standards and those specified, the most
stringent shall govern unless otherwise stated.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
42. Submittals
Contractor shall check and approve all shop drawing, samples, product data, schedule of
values, and any and all other Submittals to make sure they comply with the Contract
Documents prior to submission to the Project Manager and Consultant.
Contractor by approving and submitting any Submittals, represents that they have verified
the accuracy of the Submittals, and that they have verified all of the Submittal information
and documentation with the requirements of the Contract Documents. At time of submission
the Contractor shall advise the Project Manager and Consultant in writing of any deviations
from the Contract Documents. Failure of the Contractor to advise the Project Manager or
Consultant of any deviations shall make the Contractor solely responsible for any costs
incurred to correct, add or modify any portion of the Work to comply with the Contract
Documents.
Each Submittal shall contain a title block containing the following information:
• Number and title of drawing, including Contract title and Number
• Date of drawing and revisions
• Name of Contractor and Subcontractor (if any) submitting drawings
• Name of Project, Building or Facility, and Owner's Project number
• Specification Section title and number
• Contractor's Stamp of approval, signed by the Contractor or his checker
• Space above the title block for Project Manager' or Consultant's action stamp
• Submittal or re -submittal number (whether first, second, third, etc.)
• Date of submittal
Contractor shall sign, in the proper block, each sheet of shop drawing and data and each
sample label to certify compliance with the requirements of the Contract Documents.
Submittals submitted without the stamp and signature shall be rejected and it will be
considered that the Contractor has not complied with the requirements of the Contract
Documents. Contractor shall bear the risk of any delays that may occur as a result of such
rejection.
City shall not be liable for any materials, fabrication of products or Work commenced that
requires submittals until the Project Manager and/or Consultant has returned approved
submittals to the Contractor.
Contractor shall submit six (6) originals of each Submittal to the City. The City will return
three marked/reviewed sets to the Contractor. A Contractor's letter of transmittal cover sheet
must be attached to all Submittals' packages being transmitted to the City and Consultant.
The Contractor's letters of transmittal shall properly list and identify all Submittal packages
with number and description of each Submittal within the letter of transmittal.
When catalogs, product data, diagrams or charts are submitted with more than one type of
product manufactured, clearly identify the particular item being submitted, including options
that are intended for use in that particular work or portion of work.
Contractor shall note in submittals/shop drawings to make references to Drawings, drawings
details, Specifications Sections, or any of the Contract Documents, as necessary for clarity.
Project Manager and/or Consultant shall make every effort to review Submittals within
fourteen (14) calendar days from the date of receipt by the Project Manager and/or
Consultant. Project Manager and/or Consultant's review shall only be for conformance with
design concepts and the information provided in the Contract Documents. The approval of a
separate item shall not constitute approval of an assembly in which the item functions. The
Project Manager and/or Consultant shall return the reviewed Submittal to the Contractor for
their use and distribution.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
Acceptance of any submittal by the City or Consultant shall not relieve the Contractor of any
responsibility for any deviations from the requirements of the Contract Documents unless
the Contractor has given written notice to the Project Manager and/or Consultant of the
specific deviations and the Consultant has issued written approval of such deviations.
By approving and submitting shop drawings, product data and samples, the Contractor
represents that all materials, field measurements and field construction criteria related
thereto have been verified, checked and coordinated with the requirements of the Work and
have been verified, checked and coordinated with this Contract Documents.
Contractor shall be responsible for the distribution of all shop drawings, copies of product
data and samples, which bear the Project Manager's or Consultant's stamp of approval.
Distribution shall include, but not limited to; job site file, record documents file,
Subcontractor, suppliers, and other affected parties or entities that require the information.
The Contractor shall also provide copies of all plans approved and permitted by the required
governing authorities.
The Contractor shall not be relieved of responsibility for errors or omissions in any and all
submittals by the Project Manager's or Consultant's acceptance thereof. The Contractor
warrants the adequacy for the purpose intended of any shop drawings or portion of a
Submittal that alters, modifies or adds to the requirements of the Contract Documents.
Nothing in the Project Manager's or Consultant's review of Submittals shall be construed as
authorizing additional work or increased cost to the City.
43. Shop Drawings
Contractor shall submit Shop Drawings as required by the Contract Documents. The
purpose of the Shop Drawings is to show, in detail, the suitability, efficiency, technique of
manufacture, installation requirements, details of the item, and evidence of its compliance or
noncompliance with this Contract Documents.
Within five (5) calendar days after City's award of the Contract, Contractor shall submit to
Project Manager or Consultant a complete list and submittal log of items for which Shop
Drawings are to be submitted and shall identify the critical items and all submittal dates.
Approval of this list by Project Manager or Consultant shall in no way relieve the Contractor
from submitting complete Shop Drawings and providing materials, equipment, etc., fully in
accordance with the Contract Documents. This procedure is required in order to expedite
final approval of Shop Drawings.
After the approval of the list of items required in above, Contractor shall promptly request
Shop Drawings from the various manufacturers, fabricators, and suppliers.
Contractor shall thoroughly review and check the Shop Drawings and each and every copy
shall show its approval thereon. Contractor shall submit three (3) sets of shop drawings.
Some shop drawings as either denoted in the Contract Documents or by the Florida Building
Code (Code) or Florida Statute, such as structural drawings, require that they be prepared
by a licensed engineer. It is the sole responsibility of the Contractor to ensure that the Shop
Drawings meet all Code requirements.
If the Shop Drawings show or indicate departures from the Contract Documents, Contractor
shall make specific mention thereof in its letter of transmittal. Failure to point out such
departures shall not relieve Contractor from its responsibility to comply with the Contract and
Documents.
Project Manager or Consultant shall review and accept or reject with comments, Shop
Drawings within fourteen (14) calendar days from the date received. Project Manager's or
Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of
responsibility for the accuracy of such Shop Drawings, nor for the proper fitting and
construction of the Work, nor for the furnishing of materials or Work required by the Contract
Documents and not indicated on the Shop Drawings. No Work called for by Shop Drawings
39
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
shall be performed until said Shop Drawings have been approved by Project Manager
and/or Consultant. Approval shall not relieve Contractor from responsibility for errors or
omissions of any sort on the Shop Drawings.
No approval will be given to partial submittals of Shop Drawings for items which interconnect
and/or are interdependent where necessary to properly evaluate the design. It is
Contractor's responsibility to assemble the Shop Drawings for all such interconnecting
and/or interdependent items, check them and then make one submittal to Project Manager
and/or Consultant along with its comments as to compliance, noncompliance, or features
requiring special attention.
If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop
Drawings, any additional information or changes on such drawings shall be typewritten or
lettered in ink.
The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear,
thoroughly detailed and shall have listed on it all Contract Documents references, drawing
number(s), specification section number(s) and the shop drawing numbers of related work.
Shop drawings must be complete in every detail, including location of the Work. Materials,
gauges, methods of fastening and spacing of fastenings, connections with other work,
cutting, fitting, drilling and any and all other necessary information per standard trade
practices or as required for any specific purpose shall be shown.
Where professional calculations and/or certification of performance criteria of materials,
systems, and or equipment are required, the Project Manager and/or Consultant are entitled
to rely upon the accuracy and completeness of such calculations and certifications
submitted by the Contractor. Calculations, when required, shall be submitted in a neat clear
and easy format to follow.
Contractor shall keep one set of Shop Drawings marked with Project Manager's and/or
Consultant's approval at the job site at all times.
44. Product Data
Contractor shall submit four (4) copies of product data, warranty information and operating
and maintenance manuals. Each copy must be marked to identify applicable products,
models, options and other data. Contractor shall supplement manufacturer's standard data
to provide information unique to the Work.
Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify
pertinent products, with references to the specifications and the Contract Documents.
Identify reference standards, performance characteristics and capacities, wiring and piping
diagrams and controls, component parts, finishes, dimensions and required clearances.
Contractor shall submit a draft of all product data, warranty information and operating and
maintenance manuals at 50% completion of construction.
45. Samples
Contractor shall submit samples to illustrate the functional characteristics of the product(s).
Submittals shall be coordinated for different categories of interfacing Work. Contractor shall
include identification on each sample and provide full information.
46. Record Set
Contractor shall maintain in a safe place at the Project(s) site(s) one record copy and one
permit set of the Contract Documents, including, but not limited to, all Drawings,
Specifications, shop drawings, amendments, Change Orders, RFIs, and Field Directives, as
well as all written interpretations and clarifications issued by the Project Manager or
Consultant, in good order and annotated to show all changes made during construction. The
record documents shall be continuously updated by Contractor throughout the prosecution
of the Work to accurately reflect all field changes that are made to adapt the Work to field
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
conditions, changes resulting from Change Orders, Construction Change Directives, and
Field Directives as well as all written interpretations and clarifications, and all concealed and
buried installations of piping, conduit and utility services. Contractor shall certify the
accuracy of the updated record documents. As a condition precedent to City's obligation to
pay Contractor, the Contractor shall provide evidence, satisfactory to the Project Manager
and the Consultant, that Contractor is fulfilling its obligation to continuously update the
record documents. All buried items, outside the Project(s) site(s), shall be accurately
located on the record documents as to depth and in relationship to not less than two (2)
permanent features (e.g. interior or exterior wall faces). The record documents shall be
clean and all changes, corrections and dimensions shall be given in a neat and legible
manner in red. The record documents shall be available to the City and the Consultant for
reference. Upon completion of the Work and as a condition precedent to Contractor's
entitlement to final payment, the record documents shall be delivered to the Project
Manager or Consultant by the Contractor. The Record Set of Drawing shall be submitted in
both hard copy and as electronic plot files.
47. Supplemental Drawings and Instructions
The Project Manager or Consultant shall have the right to approve and issue supplemental
instructions setting forth written orders, instructions, or interpretations concerning the
Contract Documents or its performance, provided such Supplemental Instructions involve no
change in the Contract Documents Price or this Contract Documents Time.
Project Manager or Consultant shall have the right to modify the details of the plans and
specifications, to supplement the plans and specifications with additional plans, drawings or
additional information as the Work proceeds, all of which shall be considered as part of the
Contract Documents. In case of disagreement between the written and graphic portions of
the Contract Documents, the written portion shall govern.
48. Contractor Furnished Drawings
The Contract Documents may require the Contractor to furnish design, shop and/or as -built
drawings depending on the nature and scope of the Work to be performed. The following
applies to the different types of drawings.
The Project Manager and/or Consultant shall, after review of the drawings, initial and mark
the drawings in one.of the following manners:
1. ACCEPTED - No correction required.
2. PROCEED AS CORRECTED - Minor changes or corrections identified. Work
can proceed subject to re -submittal and acceptance of the drawings.
3. REVISE AND RESUBMIT- Significant changes or corrections are recommended.
Submittal must be revised and resubmitted for acceptance prior to Work
proceeding.
4. REJECTED - Not in accordance with the Contract and/or Contract Documents
due to excessive changes or corrections or other justifiable reason. Drawings
must be corrected and resubmitted prior to any Work being performed.
Revisions required by the permitting jurisdiction must also be reviewed and accepted by the
Project Manager or Consultant prior to resubmission to the permitting agency.
Acceptance by the City shall not relieve the Contractor from responsibility for errors and
omissions in the drawings.
49. Substitutions
Substitutions will only be considered after the award of the Contract. Whenever materials or
equipment are specified or described in the Contract Documents by using the name of a
proprietary item or the name of a particular supplier, the naming of the item is intended to
establish the type, function and quality required. Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other suppliers may be
accepted by Project Manager if sufficient information is submitted by Contractor to allow City
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
and Consultant to determine that the material or equipment proposed is equivalent or equal
to that named. Requests for review of substitute items of material and equipment will not be
accepted by City and Consultant from anyone other than Contractor.
If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor
shall have a maximum of two (2) re -submittals for any substitution or "approved equal" to be
reviewed by the City of Miami Project Manager and/or Architect or Engineer of Record.
Contractor shall comply with the original contract documents and specifications after the two
(2) re -submittals have been deemed "non -compliant" with the contract documents.
Contractor shall make application to the Consultant for acceptance thereof, certifying that
the proposed substitute shall perform adequately the functions and achieve the results
called for by the general design, be similar and of equal substance to that specified and be
suited to the same use as that specified. The application shall state that the evaluation and
acceptance of the proposed substitute will not prejudice Contractor's achievement of
Substantial Completion on time, whether or not acceptance of the substitute for use in the
Work will require a change in any of the Contract Documents to adapt the design to the
proposed substitute and whether or not incorporation or use by the substitute in connection
with the Work is subject to payment of any license fee or royalty. All variations of the
proposed substitute from that specified will be identified in the application and available
maintenance, repair and replacement service shall be indicated. The application also shall
contain an itemized estimate of all costs that will result directly or indirectly from acceptance
of such substitute, including costs for redesign and claims of other contractors affected by
the resulting change, all of which shall be considered by the Project Manager and the
Consultant in evaluating the proposed substitute. The Project Manager or Consultant may
require the Contractor to furnish at Contractor's expense additional data about the proposed
substitute.
If a specific means, method, technique, sequence or procedure of construction is indicated
in or required by Contract Documents, Contractor may furnish or utilize a substitute means,
method, technique, sequence or procedure of construction acceptable to the Consultant, if
the Contractor submits sufficient information to allow the Consultant to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents.
The procedures for submission to and review by the Consultant shall be the same as those
provided herein for substitute materials and equipment.
The Consultant shall be allowed a reasonable time within which to evaluate each proposed
substitute. The Consultant and the City shall be the sole judges of the acceptability of any
substitute. No substitute shall be ordered, installed or utilized without the City's and the
Consultant's prior written acceptance which shall be evidenced by either a Change Order or
an approved submittal. The City and the Consultant may require the Contractor to furnish at
Contractor's expense a special performance guarantee or other surety with respect to any
substitute. If the City and the Consultant rejects the proposed substitute, at their discretion,
the City may require the Contractor to reimburse the City for the charges of the Consultant
for evaluating the proposed substitute.
Contractor shall maintain sole liability and responsibility for ensuring that all substitutions
and any required design of such are in full compliance with and meet all the requirements of
the Contract Documents.
50. City Furnished Drawings
The City, at its sole discretion, may furnish design drawings. It shall be the sole
responsibility of the Contractor to bring to the immediate attention of the Project Manager
and the Consultant any discrepancies between the drawings and existing conditions,
excluding hidden or unforeseen conditions, discovered prior to commencing and during the
Work. The Contractor shall be solely responsible for verifying the accuracy of the drawings
prior to commencing the Work, and shall be responsible for any errors or revisions of the
Work, which might have been avoided by notifying the City prior to commencement.. This
shall also apply to any revisions or omissions identified by the Contractor. The Contractor
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
shall submit all requests for information entitled Request for Information (RFI). The City
shall respond to all RFI's in writing.
The Contractor shall have no basis for any claim for additional costs resulting from their
failure to identify any required revisions, omissions and/or errors, not identified in writing to
the Project Manager or Consultant prior to commencing the Work.
51. Interpretation of Drawings and Documents
Drawings and specifications are intended to be consistent, be mutually explanatory, and
should be used together and not separately. During the performance of the Project(s),
should any errors, omissions, conflicts, ambiguities or discrepancies be found in the
drawings and/or specifications, the Project Manager or the Consultant will clarify in writing
the intent of the drawings and/or specifications and the Contractor agrees to abide by the
Project Manager's or Consultants interpretation and perform the Work in accordance with
the decision of the Project Manager or the Consultant. In. such event, the Contractor will be
held to have included in its Contract Price the best materials suitable for the purpose and/or
methods of construction.
The drawings are to be addressed as a complete set and should not be used in parts.
Contractor is responsible to coordinate the set of drawings with all trades to ensure that the
Work will be performed correctly and coordinated among the trades. Contractor shall not
scale the drawings.
52. Product and Material Testing
All tests shall be performed by the Contractor, except where otherwise specifically stated in
the Contract Documents. All costs for testing performed by the Contractor shall be at the
Contractor's expense. All reports are to be sent directly to the City's Project Manager with a
copy to the Contractor. The City may, in its sole and absolute discretion, test materials and
products at its own cost. However, should such materials or products fail to pass the test
and/or meet the requirements of the Contract Documents, the Contractor shall reimburse the
City for the cost of such tests and repair or replace said materials or products. In such
instances the City may deduct such cost from any payments pending to the Contractor. The
City may require that the Contractor provide the name and qualification of the company(ies)
providing the testing services, inclusive of the testing laboratory(ies). The City, in its sole
discretion, may accept or reject the use of any company or laboratory that it determines
does not possess the required licenses or expertise to perform their portion of the Work.
53. Field Directives
The Project Manager or Consultant may at times issue field directives to the Contractor
based on visits to the Project(s) Site(s). Such Field Directives shall be issued in writing and
the Contractor shall be required to comply with the directive. Where the Contractor believes
that the directive is outside the scope of the Work, the Contractor shall, within 48 hours,
notify the Project Manager or Consultant that the work is outside the scope of the Work. At
that time the Field Directive may be rescinded or the Contractor may be required to submit a
request for a change to the Contract. Where the Contractor is notified of the City's position
that the Work is within the scope and the Contractor disagrees, the Contractor shall notify
the Project Manager or Consultant that the Contractor reserves the right to make a claim for
the time and monies based on the Field Directive. At no time shall the Contractor refuse to
comply with the directive. Failure to comply with the directive may result in a determination
that the Contractor is in default of the Contract.
54. Changes in the Work or Contract Documents
Without invalidating the Contract Documents and without notice to any Surety, City reserves
and shall have the right, from time to time to make such increases, decreases or other
changes in the character or quantity of the Work under the Contract Documents as may be
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
considered necessary or desirable to complete fully and acceptably the proposed
construction of a Project in a satisfactory manner. Any extra or additional Work within the
scope of the Project(s) must be accomplished by means of appropriate Field Orders and
Supplemental Instructions or Change Orders.
Any changes to the terms of the Contract Documents must be contained in a written
document, executed by the parties hereto. This section shall not prohibit the issuance of
Change Orders executed only by City.
55. Continuing the Work
Contractor shall carry on the Work and adhere to the progress schedule during all disputes
or disagreements with City, including disputes or disagreements concerning a request for a
Change Order, a request for a change in the Contract price or Contract time for completion.
The Work shall not be delayed or postponed pending resolution of any disputes or
disagreements.
56. Change Orders
Changes in the quantity or character of the Work within the scope of the Project(s) which are
not properly the subject of Field Orders or Supplemental Instructions, including all changes
resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by
Change Orders approved in advance and issued in accordance with the provisions of the
City.
In the event satisfactory adjustment cannot be reached for any item requiring a change in
the Contract Price or Contract Time, and a Change Order has not been issued, City
reserves the right at its sole option to either terminate the Contract as it applies to the items
in question and make such arrangements as may be deemed necessary to complete the
disputed work; or submit the matter in dispute to the Director as set forth in Article 88,
Resolution of Disputes. During the pendency of the dispute, and upon receipt of a Change
Order approved by City, Contractor shall promptly proceed with the change in the Work
involved and advise the Project Manager, Consultant, and Director in writing within seven
(7) calendar days of Contractor's agreement or disagreement with the method, if any,
provided in the Change Order for determining the proposed adjustment in the Contract Price
or Contract Time.
On approval of any Contract change increasing the Contract Price, Contractor shall ensure
that the performance bond and payment bond (if applicable) are increased so that each
reflects the total Contract Price as increased.
Under circumstances determined necessary by City, Change Orders may be issued
unilaterally by City.
The City reserves the right to order changes which may result in additions to or reductions
from the amount, type or value of the Work shown in the Contract and which are within the
general scope of the Contract Documents. Any such changes will be known as Extra Work.
No Extra Work shall be performed except pursuant to written orders of the Project Manager
or Consultant expressly and unmistakably indicating his/her intention to treat the Work
described therein as Extra Work. In the absence of such an order, the Project Manager or
Consultant may direct, order or require the Contractor to perform any Work including that
which the Contractor deems to be Extra Work. The Contractor shall nevertheless comply
and shall promptly and in no event after, begin the performance thereof or incur cost
attributable thereto and give written notice to the Project Manager stating why he deems
such Work (hereinafter "Disputed Work") to be Extra Work. Said notice is for the purposes
of (1) affording an opportunity to the Project Manager to cancel such order, direction or
requirements promptly; (2) affording an opportunity to the Project Manager to keep an
accurate record of materials, labor and other items involved; and (3) affording an opportunity
to the City to take such action as it may deem advisable in light of such disputed Work.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
57. Change Order Procedure
Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract
representing the reasonable cost or the reasonable financial savings related to the change
in Work. Extra Work may also result in an equitable adjustment in the Contract schedule for
performance for both the Extra Work and any other Work affected by the Extra Work.
The City shall initiate the Extra Work procedure by a notice to Contractor outlining the
proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the
Contractor is required to immediately start the Extra Work. The Contractor is required to
obtain permission for an extension to start the Extra Work if it is beyond the Contractor's
ability to start within the allotted timeframe.
The Contractor is required to provide the Project Manager with a detailed Change Proposal
Request, using City Forms CPR Parts A-C (available on the CIP webpage), which shall
include requested revisions to the Contract, including but not limited to adjustments in this
Contract Price and Contract Time. The Contractor is required to provide sufficient data in
support of the cost proposal demonstrating its reasonableness. In furtherance of this
obligation, the City may require that the Contractor submit any or all of the following: a cost
breakdown of material costs, labor costs, labor rates by trade, and Work classification and
overhead rates in support of Contractor's Change Proposal Request. The Contractor's
Change Proposal Request must include any schedule revisions and an explanation of the
cost and schedule impact of the Extra Work on the Project(s). If the Contractor fails to notify
the Project Manager or Consultant of the schedule changes associated with the Extra Work,
it will be deemed to be an acknowledgment by Contractor that the proposed Extra Work will
not have any scheduling consequences. The Contractor agrees the Change Proposal
Request will in no event include a combined profit and overhead rate in excess of ten (10%)
percent of the direct labor and material costs, unless the Project Manager determines that
the complexity and risk of the Extra Work is such that an additional factor is appropriate.
The Change Proposal Request may be accepted or modified by negotiations between the
Contractor and the City. If an agreement on the Extra Work is reached, both parties shall
execute the Extra Work order in writing via a Change Order. The execution by the
Contractor of the Change Order shall serve as a release of the City from all claims and
liability to. the .Contractor relating to, or in connection with, the Extra Work, including any
impact, and any prior acts, neglect or default of the City relating to the Extra Work.
Upon execution of a change order that affects the Contract Time the Contractor shall, within
five (5) business days submit a revised Project schedule reflecting the changes against the
baseline schedule.
58. No Oral Changes
Except to the extent expressly set forth in the Contract, no change in or modification,
termination or discharge of the Contract or, in any form whatsoever, shall be valid or
enforceable unless it is in writing and signed by the parties charged, therewith or
their duly authorized representative.
59. Value of Change Order Work
The value of any Work covered by a Change Proposal Request or of any claim for an
increase or decrease in the Contract Price shall be determined in one of the following ways:
• Where the Work involved is covered by unit prices contained in the Contract, by
application of unit prices to the quantities of items involved.
• By mutual acceptance of a lump sum which Contractor and Project Manager
acknowledge contains a component for overhead and profit.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
• On the basis of the "cost of Work," determined as provided in this, plus a
Contractor's fee for overhead and profit which is determined as provided in this
Article.
• The term "cost of Work" means the sum of all direct costs necessarily incurred
and paid by Contractor in the proper performance of the Work described in the
Change Order. Except as otherwise may be agreed to in writing by the Project
Manager, such costs shall be in amounts no higher than those prevailing in the
locality of the Project, shall include only the following items and shall not include
any of the costs itemized in herein.
Payroll costs for employees in the direct employ of Contractor in the performance of the
Work described in the Change Proposal Request under schedules of job classifications
agreed upon by Project Manager and Contractor. Payroll costs for employees not employed
full time on the Work covered by the Change Proposal Request shall be apportioned on the
basis of their time spent on the Work. Payroll costs shall include, but not be limited to,
salaries and wages plus the cost of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, workers' or workmen's
compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay
application thereto. Such employees shall include superintendents and foremen at the site.
The expenses of performing the Work after regular working hours, on Sunday or legal
holidays shall be included in the above to the extent authorized by City.
Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and manufacturers' field services required in
connection therewith. All cash discounts shall accrue to Contractor unless City deposits
funds with Contractor with which to make payments, in which case the cash discounts shall
accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus
materials and equipment shall accrue to City and Contractor shall make provisions so that
they may be obtained. Rentals of all construction equipment and machinery and the parts
thereof whether rented from Contractor or others in accordance with rental agreements
approved by City with the advice of Consultant and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in accordance with the terms of
said agreements. The rental of any such equipment, machinery or parts shall cease when
the use thereof is no longer necessary for the Work.
If required by the City, Contractor shall obtain competitive bids for the Change Order Work.
Contractor and shall deliver such competitive bids to the City who will determine which bids
will be accepted. If the Subcontractor is to be paid on the basis of cost of the Work plus a
fee, the Subcontractor's cost of the Work shall be determined in the same manner as
Contractor's cost of the Work. All Subcontractors shall be subject to the other provisions of
the Contract Documents insofar as applicable.
The term "cost of the Work" shall include any of the following:
• Cost of special consultants, including, but not limited to, consultants, architects,
testing laboratories, and surveyors employed for services specifically related to the
performance of the Work described in the Change Order.
• Supplemental costs including the following:
The proportion of necessary transportation, travel and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work
except for local travel to and from the site of the Work.
• Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not
owned by the workmen, which are consumed in the performance of the Work, and
less market value of such items used but not consumed which remains the property
of Contractor.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
• Sales, use, or similar taxes related to the Work, and for which Contractor is liable,
imposed by any governmental authority.
• Deposits lost for causes other than Contractor's negligence; royalty payments and
fees for permits and licenses.
• The cost of utilities, fuel and sanitary facilities at the site.
• Receipted minor expenses such as telegrams, long distance telephone calls,
telephone service at the site, expressage and similar petty cash items in connection
with the Work.
• Cost of premiums for additional bonds and insurance required because of changes in
the Work.
The term "cost of the Work" shall not include any of the following:
• Payroll costs and other compensation of Contractor's officers, executives, principals
(of partnership and sole proprietorships), general managers, consultants, architects,
estimators, lawyers, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks and other personnel employed by Contractor
whether at the site or in its principal or a branch office for general administration of
the Work and not specifically included in the agreed -upon schedule of job
classifications., all of which are to be considered administrative costs covered by
Contractor's fee.
• Expenses of Contractor's principal and branch offices other than Contractor's office
at the site.
• Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
• Cost of premiums for all Bonds and for all insurance whether or not Contractor is
required by the Contract Documents to purchase and maintain the same, except for
additional bonds and insurance required because of changes in the Work.
• Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone
directly or indirectly employed by any of them or for whose acts any of them may be
liable, including but not limited to, the correction of defective Work, disposal of
materials or equipment wrongly supplied and making good any damage to property.
• Other overhead or general expense costs of any kind and the cost of any item not
specifically and expressly included in this Article.
Contractor's fee allowed to Contractor for overhead and profit shall be determined as
follows:
• A mutually acceptable fixed fee or if none can be agreed upon,
• A fee based on the following percentages of the various portions of the cost of the
Work:
o Where the Contractor self -performs the Work, Contractor's fee shall not
exceed ten percent (10%).
o Where a sub -contractor performs the Work, Contractor's fee shall not exceed
seven and one half percent (7.5%); and if a subcontract is on the basis of
cost of the Work plus a fee, the maximum allowable to the Subcontractor as a
fee for overhead and profit shall not exceed ten percent (10%); and
o No fee shall be payable for special consultants or supplemental costs.
Contractor's overhead is considered to cover all indirect costs and shall also include the
costs of insurance and bonds.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
The amount of credit to be allowed by Contractor to City for any such change which results
in a net decrease in cost will be the amount of the actual net decrease. When both
additions and credits are involved in any one change, the combined overhead and profit
shall be figured on the basis of the net increase, if any, however, Contractor shall not be
entitled to claim lost profits for any Work not performed.
Whenever the cost of any Work is to be determined pursuant to this Article, Contractor will
submit in a form acceptable to Project Manager or Consultant an itemized cost breakdown
together with the supporting data.
Whenever a change in the Work is to be based on mutual acceptance of a lump sum,
whether the amount is an addition, credit or no change -in -cost, Contractor shall submit an
initial cost estimate acceptable to the Project Manager or Consultant.
• Breakdown shall list the quantities and unit prices for materials, labor, equipment and
other items of cost.
• Whenever a change involves Contractor and one or more Subcontractors and the
change is an increase in the Contract Price, overhead and profit percentage for
Contractor and each Subcontractor shall be itemized separately.
• Each Change Order must state within the body of the Change Proposal Request
whether it is based upon unit price, negotiated lump sum, or "cost of the Work."
60. Extra Work Directive
If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or
extenuating circumstances, the City may nevertheless issue a directive to the Contractor to
do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the
Contractor shall be obligated to proceed with the Work set forth in that directive.
Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to
the Article 88, Resolution of Disputes, by furnishing a written statement to the Project
Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such
Extra Work which the Contractor disputes. Such dispute must relate to specific matters
raised or specific matters reserved -by'the Contractor in its proposal and have not been
resolved prior to the issuance of the Extra Work Directive. The written statement must set
forth all details of the Contractor's claim including the manner that the disputed item was
specified in the Contractor's proposal. During the pendency of any dispute hereunder, the
Contractor must proceed with Work as set forth in the Extra Work Directive unless otherwise
advised by the Project Manager's written instructions. In the event there is a dispute as to
price, the Contractor will be paid in accordance with the following paragraph. This
payment(s) will be in full satisfaction of the Contractor's claim for an adjustment to the value
of the Contract.
Compensation for Extra Work in the event of the parties' inability to agree upon a mutually
satisfactory price shall be as follows:
▪ No payment will be made to the Contractor for Extra Work in excess of "Actual
and Necessary Cost" which is to say time and materials plus a mark-up not to
exceed 10%. This will not vary, whether the Extra Work is performed by the
Contractor or his subcontractor. Any exceptions must be approved by the
Project Manager.
"Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost
of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the
Contractor as employer pursuant to bona fide collective bargaining labor agreements
applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii)
excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and
property damage insurance or performance and payment bonds occasioned solely by the
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
Extra Work, (v) the actual and necessary operating expenses (except the expense of
supplies and small tools not operated by mechanical or electrical power), power for such
plant and a reasonable rental for the same (including small power tools), as determined by
the Project Manager; and (vi) any additional materials necessary for the performance of the
Extra Work.
In case any Work or materials shall be required to be done or furnished under the provisions
of this Article, the Contractor shall at the end of each day furnish to the City such
documentationas the City may require supporting all the costs of the Extra Work. If
payments on account are desired as the Extra Work progresses, the Contractor shall render
an itemized statement showing the total amount expended for each class of labor and for
each kind of material on account of each item of Work as a condition precedent to the
inclusion of such payment in a partial estimate. Upon the request of the City, the Contractor
shall produce for audit by the City, books, vouchers, collective bargaining labor agreements,
records or other documents showing the actual cost for labor and materials. Such
documents shall not be binding on the City. The Project Manager shall determine any
questions or dispute as to the correct cost of such labor or materials or plant.
In case the Contractor is ordered to perform Work under this Article, which in the opinion of
the Project Manager, it is impracticable to have performed by the Contractor's own
employees, the Contractor will, subject to the approval of the Project Manager, be paid the
actual cost to Contractor of such Work, and in addition thereto five (5%) percent to cover the
Contractor's superintendence, administration and other overhead expenses.
Payment of any amount under this Article shall be subject to subsequent audit and approval,
disapproval, modification or revision by representatives of the City.
61. As -Built Drawings
During the Work, Contractor shall maintain records of all deviations from the Drawings and
Specifications as approved by the Project Manager or Consultant and prepare As -Built
Record Drawings showing correctly and accurately all changes and deviations made during
construction to reflect the Work as it was actually constructed. It is the responsibility of the
Contractor to check the As -Built Drawings for errors and omissions prior to submittal to the
City and certify in writing that the As -Built Drawings are correct and accurate, including the
actual location of all internal piping, electrical/signal conduits in or below the concrete floor.
Indicate the size, depth and voltage in each conduit.
Legibly mark to record actual construction: On -site structures and site Work as follows:
• Depths of various elements of foundation in relation to finish first floor datum.
• All underground piping and ductwork with elevations and dimensions and
locations of valves, pull boxes, etc. Changes in location. Horizontal and vertical
locations of underground utilities and appurtenances, referenced to permanent
surface improvements. Actual installed pipe material, class, etc.
• Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure. Air conditioning
ducts with locations of dampers, access doors, fans and other items needing
periodic maintenance.
• Field changes in dimensions and details.
• Changes made by Project Manager's or Consultant's written instructions or by
Change Order.
• Details not on original Contract Drawings.
• Equipment, conduit, electrical panel locations.
• Project Manager's or Consultant's schedule changes according to Contractor's
records and shop drawings.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
Specifications and Addenda: Legibly mark each section to record:
■ Manufacturer, trade name, catalog number and Supplier of each product and
item of equipment actually installed.
• Changes made by Project Manager's or Consultant's written instructions or by
Change Order.
Approved Shop Drawings: Provide record copies for each process equipment, piping,
electrical system and instrumentation system.
As -built documents shall be updated monthly as a condition precedent to payment.
For construction of new building or building additions as -built drawings signed and sealed by
a Florida licensed Registered Land Surveyor.
The information shall be accurately recorded by the Contractor and submitted (signed and
sealed by a Florida Certified P.L.S.) to the City of Miami prior final acceptance of the Work.
All recorded information on existing utility crossing encountered during construction,
included but not limited to pipes, inlets, manholes, etc., shall be recorded by a Florida
Registered Surveyor and shown on the record drawings.
62. Worker's Identification
The Contractor's employees, who include any Subcontractor, shall wear an identification
card provided by the Contractor. The identification card shall bear the employee's picture,
name, title and name of the employer. Failure by a Contractor's employee to wear such
identification may result in his removal from the Work until such time as the identification
card is obtained and worn. Such removal shall not act as a basis for the Contractor to
submit a claim for an extension of time.
63. Removal of Unsatisfactory Personnel
The City may make written request to the Contractor for the prompt removal and
replacement of any personnel employed or retained by the Contractor, or any or Sub -
Contractor engaged by the Contractor to provide and perform services or Work pursuant to
the requirements of the Contract Documents. The Contractor shall respond to the City
within seven (7) calendar days of receipt of such request with either the removal and
replacement of such personnel or written justification as to why that may not occur. The
City shall make the final determination as to the removal of unsatisfactory personnel from
Work assigned by City. The Contractor agrees that the removal of any of its
employees does not require the termination or demotion of employee(s).
64. Substantial Completion, Punch List, & Final Completion
The Work shall be substantially complete when the Project Manager, in the reasonable
exercise of his/her discretion determines that the Work is complete and there are no material
and/or substantial variations from the Contract Documents and the Work is fit for its intended
purpose. Upon Substantial Completion, the Project Manager and the Contractor shall sign
the Substantial Completion Inspection Form. The signing of this form shall not relieve the
Contractor from its obligation to complete the Project.
When the Contractor believes that the Work is substantially complete, the Contractor shall
request in writing that the Project Manager or Consultant inspect the Work to determine if
Substantial Completion has been achieved. No request for Substantial Completion
inspection is to be submitted until the Contractor has obtained a Certificate(s) of Occupancy,
Certificate of Completion or Use, or a Temporary Certificate of Occupancy or any other
approvals from agencies having jurisdiction over the Work. The Project Manager or
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
Consultant shall schedule the date and time for any inspection and notify the Contractor and
any other parties deemed necessary. During this inspection, the Project Substantial
Completion Inspection Form will be completed as necessary. Any remaining Construction
Work shall be identified on this formand shall be known as Punch List Work. The Punch List
shall be signed by the Project Manager and/or Consultant, and the Contractor confirming
that the Punch List contains the item(s) necessary to complete the Work. The failure or
refusal of the Contractor to sign the Project Substantial Completion Inspection Form or
Punch List shall not relieve the Contractor from complying with the findings of the Project
Substantial Completion Inspection and completing the Project to the satisfaction of the City.
Where the Punch List is limited to minor omissions and defects, the Project Manager shall
indicate that the Work is substantially complete subject to completion of the Punch List.
Where the Project Manager or Consultant determines, on the appropriate form that the Work
is not substantially complete, the Project Manager or Consultant shall provide a list of all
open items necessary to achieve. Substantial Completion. Upon completion of such Work,
the Contractor shall request another Substantial Completion inspection.
The Project Manager or Consultant, and the Contractor shall agree on the time reasonably
required to complete all remaining Work included in the Punch List.
Upon the receipt of all documentation, resolution of any outstanding issues and issuance of
final payment, the Project Manager or Consultant shall notify the Contractor in writing of the
closeout of the Project.
The City will prepare a Certificate of Substantial Completion in the form which shall establish
the Date of Substantial Completion. Once substantial completion is achieved the City shall
be responsible for security, maintenance, heat, utilities, damage to the Project site, and
insurance; and shall list all Work yet to be completed to satisfy the requirements of the
Contract Documents for Final Completion. The failure to include any items of corrective
Work on such list does not alter the responsibility of Contractor to complete all of the Work in
accordance with the Contract Documents. Warranties required by the Contract Documents
shall commence on the date of Final Acceptance completion of the Work or designated
portion thereof unless otherwise provided in the Contract Documents.
65. Acceptance and Final Payment
Upon receipt of written notice from Contractor that the Work is ready for final inspection and
acceptance, Project Manager and/or Consultant shall, within ten (10) calendar days, make
an inspection thereof. If Project Manager and/or Consultant find the Work acceptable, the
requisite documents have been submitted and the requirements of the Contract Documents
fully satisfied, and all conditions of the permits and regulatory agencies have been met, a
Final Certificate for Payment shall be issued by Project Manager, stating that the
requirements of the Contract Documents have been performed and the Work is ready for
acceptance under the terms and conditions thereof.
Before issuance of the Final Certificate for Payment, Contractor shall deliver to the Project
Manager or Consultant a final release of all liens arising out of the Contract Documents,
receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors
have been paid in full and that all other indebtedness connected with the Work has been
paid, and a consent of the surety to final payment; the final corrected as -built drawings;
operations and maintenance data, and the final bill of materials, if required, and payment
application. Contractor shall deliver the written Contractor's warranty and all Manufacturer's
warranties prior to issuance of the Final Certificate for Payment.
Prior to approval of final payment the Project Manager shall provide written confirmation to
the Contractor that any and all training required by the Contract Documents has been
provided to the satisfaction of the Project Manager.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
If, after the Work has been substantially completed, full completion thereof is materially
delayed through no fault of Contractor, and Project Manager or Consultant so certifies, City
shall, upon such certification of Consultant, and without terminating the Contract
Documents, make payment of the balance due for that portion of the Work fully completed
and accepted. Such payment shall be made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of claims.
The acceptance of final payment shall constitute a waiver of all claims by Contractor, except
those previously made in strict accordance with the provisions of the Contract and identified
by Contractor as unsettled at the time of the application for final payment.
66. NDPES Requirements
Contractor shall comply with the State of Florida rules and regulations for the National
Pollutant Discharge Elimination System (NPDES) including but not limited to all permitting,
Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for
NPDES and SWPPP shall be included in the Bid prices. For further information on
compliance requirements for NPDES and SWPPP contact the City of Miami Public Works
Department at (305) 416-1200 or visit the State of Florida website at
http://www.dep.state.fl.us/water/stormwater/npdes/. Contractor is responsible for obtaining,
completing and paying for any required NPDES application or permits that may be required.
67. Force Majeure
Should any failure to perform on the part of Contractor be due to a condition of force
majeure as that term is interpreted under Florida law, the City may allow an extension of
time reasonably commensurate with the cause of such failure to perform or cure.
If the Contractor is delayed in performing any obligation under the Contract Documents due
to a force majeure condition, the Contractor shall request a time extension from the City
within two (2) working days of said force majeure occurrence. Any time extension shall be
subject to mutual agreement and shall not be cause for any claim by the Contractor for extra
compensation unless additional services are required. Do Not Include inclement weather
except as permitted by Florida law and may not include the acts or omissions of Sub-
contractors.
68. Extension of Time
Any reference in this section to the Contractor shall be deemed to include suppliers, and
permitted Sub -Contractors, whether or not in privities of contract with the Contractor for the
purpose of this article.
If the Contractor is delayed at any time during the progress of the Work beyond the Contract
Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by a Force
Majeure, then the Contract Time set forth in the Contract shall be extended by the City
subject to the following conditions:
• The cause of the delay arises after issuance of the NTP and could not have been
anticipated by the Contractor by reasonable investigation before proceeding with
the Work;
• The Contractor demonstrates that the completion of the Work will be actually and
necessarily delayed;
• The effect of such cause cannot be avoided or mitigated by the exercise of all
reasonable precautions, efforts and measures whether before or after the
occurrence of the cause of delay.
Note: A delay meeting all the conditions of the above, shall be deemed an
Excusable Delay.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
The City shall only consider weather related delays where adverse weather directly impacts
the critical path of the Project Schedule. However, the City will also factor in other factor in
considering an extension of time, including the length of the weather delay, and the adverse
weather conditions as they relate to typical weather patterns during the period the Work is
being performed.
The City reserves the right to rescind or shorten any extension previously granted if
subsequently, the Project Manager determines that any information provided by the
Contractor in support of a request for an extension of time was erroneous; provided
however, that such information or facts, if known, would have resulted in a denial of the
request for an Excusable Delay. Notwithstanding the above, the Project Manager will not
rescind or shorten any extension previously granted if the Contractor acted in reliance upon
the granting of such extension and such extension was based on information which,
although later found to have been erroneous, was submitted in good faith by the Contractor.
The request for an Excusable Delay shall be made within ten (10) calendar days after the
time when the Contractor knows or should have known of any cause for which it may claim
an extension of time and shall provide any actual or potential basis for an extension of time,
identifying such causes and describing, as fully as practicable at that time, the nature and
expected duration of the delay and its effect on the completion of that part of the Work
identified in the request. The Project Manager may require the Contractor to furnish .such
additional information or documentation, as the Project Manager shall reasonably deem
necessary or helpful in considering the requested extension.
The Contractor shall not be entitled to an extension of time unless the Contractor
affirmatively demonstrates that it is entitled to such extension.
The Project Manager shall endeavor to review and respond to the Contractor's request for
Excusable Delays in a reasonable period of time; however, the Contractor shall be obligated
to continue to perform the Work required regardless of whether the Project Manager has
issued a decision or whether the Contractor agrees or disagrees with that decision.
With regard to an injunction, strike or interference of public origin which may delay the
Project, the Contractor shall promptly give the Project Manager a copy of the injunction or
other orders and copies of the papers upon which the same shall have been granted. The
City shall be afforded the right to intervene and become a party to any suit or proceeding in
which any such injunction shall be obtained and move to dissolve the same or otherwise, as
the City may deem proper.
Permitting the Contractor to proceed with the Work subsequent to the date specified in the
Contract (as such date may have been extended by a change order), the making of any
payment to the Contractor, the issuance of any Change Order, shall not waiver the City's
rights under the Contract, including but not limited to the assessment of liquidated damages
or declaring the Contractor in default.
69. Notification of Claim
Any claim for a change in the Contract Time or Contract Price shall be made by written
notice by Contractor to the Project Manager and to Consultant within ten (10) business days
of the commencement of the event giving rise to the claim and stating the general nature
and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of
the event giving rise to the claim, written notice of the extent of the claim with supporting
information and documentation shall be provided unless the Project Manager or Consultant
allows an additional period of time to ascertain more accurate data in support of the claim
and such notice shall be accompanied by Contractor's written notarized statement that the
adjustment claimed is the entire adjustment to which the Contractor has reason to believe it
is entitled as a result of the occurrence of said event. All claims for changes in' the Contract
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
Time or Contract Price shall be determined by the Project Manager or Consultant in
accordance with Article 71, Contractor's Damages for Delay hereof, if City and Contractor
cannot otherwise agree. It is expressly and specifically agreed that any and all claims for
changes to the Contract time or Contract price shall be waived if not submitted in strict
accordance with the requirements of this Article.
The Contract time will be extended in an amount equal to time lost on critical Work items
due to delays beyond the control of and through no fault or negligence of Contractor if a
claim is made therefore as provided in this Article. Such delays shall include, but not be
limited to, acts or neglect by any separate contractor employed by City, fires, floods, labor
disputes, epidemics, abnormal weather conditions or acts of God.
70. Extension of Time not Cumulative
In case the Contractor shall be delayed for any period of time by two or more of the causes
mentioned in Article 72, Excusable, Delays, the Contractor shall not be entitled to a separate
extension for each one of the causes; only one period of extension shall be granted for the
delay.
71. Contractor's Damages for Delay
No claim for damages or any claim, other than for an extension of time, shall be made or
asserted against City by reason of any delays except as provided herein. Contractor shall
not be entitled to an increase in the Contract price or payment or compensation of any kind
from City for direct, indirect, consequential, impact or other costs, expenses or damages,
including but not limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever, whether such delay,
disruption, interference or hindrance be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not
preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith
or active interference on the part of City or its Consultant. Otherwise, Contractor shall be
entitled only to extensions of the Contract Time for completion of the Work as the sole and
exclusive remedy for such resulting delay, in accordance with and to the extent specifically
provided above.
Except as may be otherwise specifically provided for in the Contract Documents, the
Contractor agrees to make no claim for damages for delay of any kind in the performance of
the Contract Documents whether occasioned by any act or omission of the City or any of its
representatives (whether it is an Excusable Delay or otherwise) and the Contractor agrees
that any such claim shall be compensated solely by an extension of time to complete
performance of the Work. In this regard, the Contractor alone hereby specifically assumes
the risk of such delays, including without limitation: delays in processing or approving shop
drawings, samples or other submittals or the failure to render determinations, approvals,
replies, inspections or tests of the Work, in a timely manner. Contractor shall not receive
monetary compensation for City delay. Time extensions may be authorized by the City in
certain situations. Contractor agrees to this section by submitting a bid response and shall
have no recourse from this Section.
72. Excusable Delay, Non-Compensable
Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its
Subcontractors, suppliers and vendors, and is also caused by circumstances beyond the
control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its
Subcontractors, suppliers or vendors and by the City or Consultant. Then Contractor shall
be entitled only to a time extension and no compensation for the delay.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
Contractor is entitled to a time extension of the Contract time for each day the Work is
delayed due to Excusable Delay. Contractor shall document its claim for any time extension
as provided in Article 69, Notification of Claim, hereof.
Failure of Contractor to comply with Article 67, Notification of Claim hereof as to any
particular event of delay shall be deemed conclusively to constitute a waiver, abandonment
or relinquishment of any and all claims resulting from that particular event of delay.
73. Lines and Grades
The Contractor shall, at its own expense, establish all working and construction lines and
grades as required from the Project control points set by the City, and shall be solely
responsible for the accuracy thereof.
74. Defective Work
Project Manager or Consultant shall have the authority to reject or disapprove Work which
Project Manager or Consultant finds to be defective. If required by Project Manager or
Consultant, Contractor shall promptly either correct all defective Work or remove such
defective Work and replace it with non -defective Work. Contractor shall bear all direct,
indirect and consequential costs of such removal or corrections including cost of testing
laboratories and personnel.
Should Contractor fail or refuse to remove or correct any defective Work or to make any
necessary repairs in accordance with the requirements of the Contract Documents within the
time indicated in writing by Project Manager or Consultant, City shall have the authority to
cause the defective Work to be removed or corrected, or make such repairs as may be
necessary at Contractor's expense. Any expense incurred by City in making such removals,
corrections or repairs, shall be paid for out of any monies due or which may become due to
Contractor, or may be charged against the Performance Bond,. In the event of failure of
Contractor to make all necessary repairs promptly and fully, City may declare Contractor in
default.
If, within one (1) year after the date of Substantial Completion or such longer period of time
as may be prescribed by the terms of any applicable special warranty required by the
Contract Documents, or by any specific provision of the Contract, any of the Work is found
to be defective or not in accordance with the Contract Documents, Contractor, after receipt
of written notice from City, shall promptly correct such defective or nonconforming Work
within the time specified by City without cost to City, to do so. Nothing contained herein
shall be construed to establish a period of limitation with respect to any other obligation
which Contractor might have under the Contract Documents including but not limited to any
claim regarding latent defects.
Failure to reject any defective Work or material shall not in any way prevent later rejection
when such defect is discovered, or obligate City to final acceptance.
75. Acceptance of Defective or Non-Conforminq Work
The City, in its sole discretion, may elect in writing to accept defective or non -conforming
Work instead of requiring its removal and correction. In such instances, a Change Order will
be issued to reflect an appropriate reduction in the Contract sum, or, if the amount is
determined after final payment, any difference in the amount shall be paid to the City by the
Contractor.
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Rockemian Canal Improvements B-30680 Bid No: 12-13-017
76. Uncovering Finished Work
The Project Manager's, Inspector's and/or Consultant's right to make inspections shall
include the right to order the Contractor to uncover or take down portions of finished Work.
The Project Manager /or Consultant shall notify the Contractor in writing concerning all
uncovered finished Work. Should the Work prove to be in accordance with the Contract
Documents, the uncovering or taking down and the replacing and the restoration of the parts
removed will be treated as Extra Work for the purpose of computing additional
compensation and an extension of time. Should the Work examined prove unsatisfactory,
such uncovering, taking down, replacing and restoration shall be at the expense of the
Contractor. Such expenses shall also include repayment to the City for any and all
expenses or costs incurred by it, including employee salaries or related cost, in connection
with such uncovering, taking down, replacing and restoration at the Project site.
77. Correction of Work
The Contractor shall promptly correct all Work rejected by the Project Manager or
Consultant as defective or as failing to conform to the Contract Documents, whether
observed before or after Substantial Completion and whether or not fabricated, installed or
completed. The Contractor shall bear all cost of correcting such rejected Work, including the
cost of the City's additional services thereby made necessary.
The Contractor further agrees that after being notified in writing by the Project Manager or
Consultant of any Work not in accordance with the requirements of the Contract Documents
or any defects in the Work, the Contractor will commence and prosecute with due diligence
all Work necessary to fulfill the terms of the Contract and to complete the Work within a
reasonable period of time, as determined by the Project Manager or Consultant, and in the
event of failure to so comply, the Contractor does hereby authorize the City to proceed to
have such Work done at the Contractor's expense and that the Contractor will pay the cost
thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys'
fees, necessarily incurred upon the Contractor's refusal to pay the above costs.
Notwithstanding the foregoing paragraph, in the event of an emergency constituting an
immediate hazard to the health or safety of personnel, property, or licensees, the City may
undertake, at the Contractor's expense, without prior notice, all Work necessary to correct
such hazardous condition when it was caused by Work of the Contractor not being in
accordance with the requirements of the Contract.
If, within one (1) year after the date of final completion of the Project or within such longer
period of time as may be prescribed by law, by the Contract Documents, or by the terms of
any applicable special warranty required by the Contract Documents, any of the Work is
found to be defective or not in accordance with the Contract Documents, the Contractor
shall correct it promptly after receipt of a written notice from the City to do so. The City shall
give such notice promptly after discovery of the condition.
All such defective or non -conforming Work shall be removed from the site if necessary and
the Work shall be corrected to comply with the Contract Documents without cost to the City.
78. Maintenance of Traffic and Public Streets
Scope of Work
The Contractor shall be responsible for the maintenance of public streets and traffic
control necessary to perform the Work under the Contract Documents. The cost of
traffic control shall be included in the Contractor's Bid.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
Regulations
As used herein, any reference to Miami -Dade County, its departments, or its
published regulations, permits and data, shall be synonymous and interchangeable
with other recognized governing bodies over particular areas or streets, or their
departments, published regulations (i.e., Manual of Uniform Traffic Control Devices
(MUTCD), FDOT Roadway and Bridge Standard Index Drawing Book), permits or
data. The Contractor shall abide by all applicable laws, regulations, and codes
thereof pertaining to Maintenance of Traffic (MOT) on public streets, detour of traffic,
traffic control and other provisions as may be required for this Project.
Maintenance of Traffic (MOT)
• The Contractor shall be fully responsible for the MOT on public streets, detour of
traffic (including furnishing and maintaining regulatory and informative signs along
the detour route), traffic control, and other provisions, throughout the Project, as
required by the Manual of Uniform Traffic Control Devices (MUTCD), and FDOT
Roadway and Bridge Standard Index drawing Book.
• Traffic shall be maintained according to corresponding typical traffic control details as
outlined in the previous noted standards. No street shall be completely blocked, nor
blocked more than one-half at any time, keeping the other one-half open for traffic,
without specific approval.
• If required by the Project Manager or Consultant, Traffic Division or FDOT or as
otherwise authorized by the Project Manager or Consultant, the Contractor shall
make arrangements for the employment of uniformed off -duty policemen to maintain
and regulate the flow of traffic through the work area. The number of men required
and the number of hours on duty necessary for the maintenance and regulation of
traffic flow shall be provided by the City of Miami Police Department.
• The Contractor shall provide all barricades with warning lights, necessary arrow
boards and signs, to warn motorists of the Work throughout the Project. Adequate
approved devices shall be erected and maintained by the Contractor to detour traffic.
• Excavated or other material stored adjacent to or partially upon a roadway pavement
shall be adequately marked for traffic safety at all times. The Contractor shall
provide necessary. access to all adjacent property during construction.
• The Contractor shall be responsible for the provision, installation and maintenance of
all MOT and safety devices, in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD) and FDOT Roadway and Bridge Standards index drawing book.
In addition, the Contractor shall be responsible for providing the Consultant with
MOT plans for lane closures and/or detours for approval. These plans (sketches)
shall be produced, signed and sealed by a professional Engineer registered in the
State of Florida, employed by the Contractor and certified under FDOT Procedure
NPIL No. 625-010-010.
• Where excavations are to be made in the vicinity of signalized intersections, attention
is directed to the fact that vehicle loop detectors may have been embedded in the
pavement. Verify these locations by inspecting the site of the Work and by contacting
the Sunshine State One -Call Center (1-800-432-4770), 48 hours prior to any
excavation. Any loop detector which is damaged, whether shown on the Plans or
not, shall be repaired or replaced to the satisfaction of the Miami Dade County Signs
and Signal Division (Phone No. 305-592-3470).
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
• Where applicable, the Contractor shall notify the Traffic Division 24 hours in advance
of the construction date or 48 hours in advance of construction within any signalized
intersection.
• Temporary pavement will be required over all cuts in pavement areas, and also
where traffic is to be routed over swale or median areas. When the temporary
pavement for routing traffic is no longer necessary, it shall be removed and the swale
or median areas restored to their previous condition.
• Pavement markings damaged during construction shall be remarked, as required by
the Traffic Division.
Maintenance of Traffic for Bypass Pumping
• The Contractor shall take appropriatesteps to ensure that all temporary pumps,
piping and hoses are protected from vehicular traffic and pedestrian traffic.
Lane Closures
Where construction of the Project shall involve lane closures public streets, the
following shall apply:
Lane closures require a Lane Closure Permit, obtained two weeks prior to planned
construction, with a minimum 48-hour prior notice to local police and emergency
departments (some police jurisdictions may require considerably more notice). Lane
closures of a one day or less duration will generally not be approved for major
collector streets or for arterial streets during the hours of 7am to 9am and 4pm to
6pm weekdays.
79. Location and Damage to Existing Facilities, Equipment or Utilities
As far as possible, all existing utility lines in the Project(s) area(s) will be shown on the
plans. However, City does not guarantee that all lines are shown, or that the ones indicated
are in their true location. It shall be the Contractor's responsibility to field verify all
underground and overhead utility lines or equipmentaffecting or affected by the Project. No
additional payment will be made to the Contractor because of discrepancies in actual and
plan location of utilities, and damages suffered as a result thereof.
The Contractor shall notify each utility company involved at least fourteen (14) calendar
days prior to the start of construction to arrange for positive underground location, relocation
or support of its utility where that utility may be in conflict with or endangered by the
proposed construction. Relocation of water mains or other utilities for the convenience of
the Contractor shall be paid by the Contractor. All charges by utility companies for
temporary support of its utilities shall be paid for by the Contractor. All costs of permanent
utility relocation to avoid conflict shall be the responsibility of the utility company involved.
No additional payment will be made to the Contractor for utility relocations, whether or not
said relocation is necessary to avoid conflict with other lines.
The Contractor shall schedule the Work in such a manner that the Work is not delayed by
the utility providers relocating or supporting their utilities. The Contractor shall coordinate its
activities with any and all public and private utility providers occupying the right-of-way. No
compensation will be paid to the Contractor for any loss of time or delay.
All overhead, surface or underground structures and utilities encountered are to be carefully
protected from injury or displacement. All damage to such structures is to be completely
repaired within a reasonable time; needless delay will not be tolerated. The City reserves
the right to remedy such damage by ordering outside parties to make such repairs at the
expense of the Contractor. All such repairs made by the Contractor are to be made to the
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All
repairs are to be inspected by the utility owner prior to backfilling
80. Stop Work Order
The City may, at any time, by written order to the Contractor, require the Contractor to stop
all, or any part, of the Work for a period of up to ninety (90) days (or any lesser period),
commencing no sooner than the date the order is delivered to the Contractor, and for any
further period to which the parties may agree. Any such order shall be specifically identified
as a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90)
days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor,
or within any extension to which the parties have agreed the City shall either:
■ Cancel the Stop Work Order; or
■ Terminate the Work covered by such order as provided in Article 87, Termination
for Convenience.
If a Stop Work Order issued under this Article is canceled or the period of the order or any
extension thereof expires, the Contractor shall resume the Work without compensation to
the Contractor for such suspension other than extending the time for Substantial Completion
to the extent that, in the opinion of the Project Manger or Consultant, the Contractor may
have been delayed by such suspension. In the event the Project Manger or Consultant
determines that the suspension of Work was necessary due to Contractor's defective or
incorrect Work, unsafe Work conditions caused by the Contractor or any other reason
caused by Contractor's fault or omission, the Contractor shall not be entitled to an extension
of time as a result of the issuance of a Stop Work Order.
81. Hurricane Preparedness
During such periods of time as are designated by the United States Weather Bureau as
being a hurricane warning, the Contractor, at no cost to the City, shall take all precautions
necessary to secure the Project site in response to all threatened storm events, regardless
of whether the Project Manager or Consultant has given notice of same.
Compliance with any specific hurricane warning or alert precautions will not constitute
additional work.
Suspension of the Work caused by a threatened or actual storm event, regardless of
whether the City has directed such suspension, will entitle the Contractor to additional
Contract time as non-compensable, excusable delay, and shall not give rise to a claim for
compensable delay.
82. Use of Completed Portions
City shall have the right, at its sole option, to take possession of and use any completed or
partially completed portions of the Project(s). Such possession and use shall not be
deemed an acceptance or beneficial use or occupancy of any of the Work not completed in
accordance with the Contract Documents. If such possession and use increases the cost of
or delays the Work, Contractor shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as determined by Project Manager or Consultant.
In the event City takes possession of any completed or partially completed portions of the
Project, the following shall occur:
• City shall give notice to Contractor in writing at least thirty (30) calendar days prior to
City's intended occupancy of a designated area.
• Contractor shall complete to the point of Substantial Completion the designated area
and request inspection and issuance of a Certificate of Substantial Completion from
Project Manager or Consultant.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
Upon Project Manager or Consultant's issuance of a Certificate of Substantial
Completion, City will assume full responsibility for maintenance, utilities, subsequent
damages of City and public, adjustment of insurance coverage's and start of
warranty for the occupied area.
• Contractor shall complete all items noted on the Certificate of Substantial Completion
within the time specified by Project Manager or Consultant on the Certificate of
Substantial Completion, as specified in the Punch List and request final inspection
and final acceptance of the portion of the Work occupied. Upon completion of final
inspection and receipt of an application for final payment, Project Manager or
Consultant shall issue a Certificate of Final Payment relative to the occupied area.
• If City finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion thereof, such occupancy or use shall not commence prior to
a time mutually agreed upon by City and Contractor and to which the insurance
company or companies providing the property insurance have consented by
endorsement to the policy or policies. Insurance on the unoccupied or unused
portion or portions shall not be canceled or lapsed on account of such partial
occupancy or use. Consent of Contractor and of the insurance company or
companies to such occupancy or use shall not be unreasonably withheld.
83. Cleaning Up; City's Right to Clean Up
Contractor shall at all times keep the premises free from accumulation of waste materials or
rubbish caused by its operations. At the completion of a Project(s), Contractor shall remove
all its waste materials and rubbish from and about the Project(s) as well as its tools,
construction equipment, machinery and surplus materials. If Contractor fails to clean up
during the prosecution of the Work or at the completion of the Work, City may do so and the
cost thereof shall be charged to Contractor. If a dispute arises between Contractor and
separate contractors as to their responsibility for cleaning up, City may clean up and charge
the cost thereof to the contractors responsible therefore as the Project Manager and/or
Consultant shall determine to be just. All combustible waste materials shall be removed
from the Project(s) at the end of each day. Cleaning operations should be controlled to limit
dust and other particles adhering to existing surfaces.
84. Removal of Equipment
In case of termination of this Contract before completion for any cause whatsoever,
Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's
equipment and supplies from the property of City. If the Contractor does not comply with
City's order, the City shall have the right to remove such equipment and supplies at the
expense of Contractor.
85. Set -offs, Withholdings, and Deductions
The City may set-off, deduct or withhold from any payment due the Contractor, such sums
as may be specifically allowed in the Contract or by applicable law including, without
limitation, the following:
• Any amount of any claim by a third party;
• Any Liquidated Damages, and/or;
• Any unpaid legally enforceable debt owed by the Contractor to the City.
The City shall notify the Contractor in writing of any such withholdings.
Any withholding, which is ultimately held to have been wrongful, shall be paid to the
Contractor in accordance with the Local Government Prompt Payment Act.
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Rockerrnan Canal Improvements B-30680 Bid No: 12-13-017
86. Event of Default
An event of default shall mean a breach of the Contract or by the Contractor. Without
limiting the generality of the foregoing and in addition to those instances referred to herein
as a breach, an Event of Default, shall include but not limited to, the following:
• The Contractor has not performed the Work in a timely manner;
• The Contractor has refused or failed, except in case for which an extension of time
is provided, to supply properly skilled staff or provided sufficient quantities of staff
to perform the Work;
• The Contractor has failed to make prompt payment to Subcontractors or suppliers
for any services or materials they have provided;
• The Contractor has become insolvent or has assigned the proceeds received for
the benefit of the Contractor's creditors, or the Contractor has taken advantage of
any insolvency statute or debtor/creditor law or if the Contractor's affairs have been
put in the hands of a receiver;
• The Contractor has failed to obtain the approval of the City where required by the
Contract Documents;
• The Contractor has failed in the representation of any warranties stated herein;
• When, in the opinion of the City, reasonable grounds for uncertainty exist with
respect to the Contractor's ability to perform the Work, the City shall notify the
Contractor in writing that it must, within the time frame set forth in the City's
request, provide adequate assurances and a plan of action to the City, in writing, of
the Contractor's ability to perform in accordance with the terms of the Contract
Documents. In the event that the Contractor fails to provide to the City the
requested assurances within the prescribed time frame, the City may:
o Treat such failure as a repudiation of the Contract and/or;
o Resort to any remedy for breach provided herein or by law, including but not
limited to, taking over the performance of the Work or any part thereof either
by itself or through others.
• In the event the City may, at its sole discretion terminate the Contract for default,
the City or its designated representatives may immediately take possession of all
applicable documentation and data.
• Where the City erroneously terminates the Contract or for default, the terminations
shall be converted to a Termination for Convenience, and the Contractor shall
have no further recourse of any nature for wrongful termination.
87. Notice of Default -Opportunity to Cure
In the event that the City determines that the Contractor is in default of their obligations
under the Contract, the City may at its sole discretion notify the Contractor, specifying the
basis for such default, and advising the Contractor that such default must be cured within a
specified time frame or the Contract with the City may be terminated. The City is under no
obligation to issue such notification. The City may grant an extension to the cure period if
the City deems it appropriate and in the best interest of the City, without waiver of any of the
City's rights hereunder. The City, at its sole discretion, may have a default corrected by its
own forces or another contractor and any such costs incurred will be deducted from any
sums due the Contractor under any contract with the City.
88. Termination for Default
If Contractor fails to comply with any term or condition of the Contract Documents, or fails to
perform any of its obligations hereunder, then Contractor shall be in default. Upon the
occurrence of a default hereunder which is not cured within the time specified to cure the
default if one has been granted by the City, the Director in addition to all remedies available
to it by law, may immediately, upon written notice to Contractor, terminate this Contract
whereupon any advances for which Work has not been performed, paid by the City to
Contractor while Contractor was in default shall be immediately returned to the City.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
The Director may also suspend any payment or part thereof or order a Work stoppage until
such time as the issues concerning compliance are resolved. Contractor understands and
agrees that termination of this Contract under this Article shall not release Contractor from
any obligation accruing prior to the effective date of termination.
A finding of default and subsequent termination for cause may include, without limitation,
any of the following:
• Contractor fails to obtain the insurance or bonding herein required by the Contract.
• Contractor fails to comply with any of its duties under the Contract Documents, with
any terms or conditions set forth in this Contract, beyond any specified period
allowed to cure such default.
Contractor fails to commence the Work within the timeframes provided or
contemplated herein, or fails to complete the Work in a timely manner as required
by the Contract.
• If this Contract is terminated for default and the City has satisfied its obligations
under the Contract Documents the City is granted by the Contractor full use of the
Work and any Work Product in connection with the City's completion and
occupancy of the Project.
• Where it has been determined that the Contractor has been erroneously
terminated under this Article, suchtermination shall be deemed to have been
occurred under Article 90, Termination for Convenience. The City in its sole
discretion may terminate the Contract without providing the Contractor a written
Notice to Cure.
89. Remedies in the Event of Termination for Default
If a Termination for Default occurs, the Contractor and the bond provider, if applicable) shall
be notified of the effective date of the termination and shall be liable for all damages
resulting from the default, including but not limited to re -procurement costs and other direct
damages
The Contractor shall stop Work as of the date of notification of the termination and
immediately remove all labor, equipment and materials (not owned or paid for by the City)
from the Work Site. The City assumes no liability for the Contractor's failure to remove such
items from the Project(s) site(s) as required.
The Contractor shall also remain liable for any liabilities and claims related to the
Contractor's default.
As an alternative to termination, the City may bring suit or proceedings for specific
performance or for an injunction
90. Termination for Convenience
In addition to cancellation or termination as otherwise provided for in the Contract, the City
may at any time, in its sole discretion, with or without cause, terminate the Contract by
written notice to the Contractor. Such Written Notice shall state the date upon which
Contractor shall cease all Work under the Contract and vacate the Project(s) site(s).
The Contractor shall, upon receipt of such notice, unless otherwise directed by the City:
Stop all Work on the Project(s) on the date specified in the notice ("the
Effective Date");
Take such action as maybe necessary for the protection and preservation of the
City's materials and property;
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
• Cancel all cancelable orders for materials and equipment;
• Assign to the City and deliver to the site, or any other location specified by the
Project Manager, any non -cancelable orders for materials and equipment that can
not otherwise be used except for Work under the Contract and have been
specifically fabricated for the sole purpose of the Work and not incorporated in the
Work;
• Take no action that shall increase the amounts payable by the City under the
Contract Documents; and
• Take reasonable measures to mitigate the City's liability under the Contract
Documents.
• All charts, sketches, studies, drawings, reports and other documents, including
electronic documents, related to Work authorized under the Contract, whether
finished or not, must be turned over to the City. Failure to timely deliver the
documentation shall be cause to withhold any payments due without recourse by
Contractor until all documentation is delivered to the City.
In the event that the City exercises its right to terminate the Contract pursuant to the
Contract Documents, the City will pay the Contractor:
• For the actual cost or the fair and reasonable value, whichever is less, of (1) the
portion of the Project(s) completed in accordance with the Contract through the
completion date, and (2) non -cancelable material(s) and equipment that is not of
any use to the City except in the performance of the Contract, and has been
specifically fabricated for the sole purpose of the Contract but not incorporated in
the Work; and
• To the extent practical, the fair and reasonable value shall be based on the price
established as a result of the Contract. In no event, shall any payments under this
Paragraph exceed the maximum cost set forth in the Contract.
• The amount due hereunder may be offset by all payments made to the Contractor.
• All payments pursuant to this Article shall be accepted by the Contractor in full
satisfaction of all claims against the City arising out of the termination including,
Further, the City may deduct or set off against any sums due and payable under
this Article any claims it may have against the Contractor.
• Contractor shall not be entitled to lost profits, overhead or consequential damages
as a result of a Termination for Convenience.
• All payments made under the Contract are subject to audit
Upon the City's payment in full of the amounts due the Contractor under this Article the
Contractor grants the City full use of the Work and any Work Product to complete the Project
and subsequently occupy the Project.
91. Resolution of Disputes
Contractor understands and agrees that all disputes between it and the City based upon an
alleged violation of the terms of this Agreement by the City shall be submitted for resolution
in the following manner.
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The initial step shall be for the Contractor to notify the Project Manager in writing of the claim
or dispute and submit a copy to the City of Miami personnel identified in Article 4, Notices.
Should the Contractor and the Project Manager fail to resolve the dispute the Contractor
shall submit their dispute in writing, with all supporting documentation, to the Assistant
Director -Contracts, as identified in Article 4, Notices. Upon receipt of said notification the
Assistant Director -Contracts shall review the issues relative to the claim or dispute and issue
a written finding.
Should the Contractor and the Assistant Director -Contracts fail to resolve the dispute the
Contractor shall submit their dispute in writing within five (5) calendar days to the Director.
Failure to submit such appeal of the written finding shall constitute acceptance of the finding
by .the Contractor. Upon receipt of said notification the Director shall review the issues
relative to the claim or dispute and issue a written finding.
Contractor must submit any further appeal in writing within five (5) calendar days to the City
Manager. Failure to submit such appeal of the written finding shall constitute acceptance of
the finding by the Contractor. Appeal to the City Manager for his/her resolution, is required
prior to Contractor being entitled to seek judicial relief in connection therewith. Should the
amount of compensation hereunder exceed $100,000, the City Manager's decision shall be
approved or disapproved by the City Commission. Contractor shall not be entitled to seek
judicial relief unless:
(i) it has first received City Manager's written decision, approved by the City
Commission if applicable, or
(ii) a period of sixty (60) days has expired after submitting to the City Manager a detailed
statement of the dispute, accompanied by all supporting documentation, or a period
of (90) days has expired where City Manager's decision is subject to City
Commission for approval; or
(iii) City has waived compliance with the procedure set forth in this Article by written
instrument(s) signed by the City Manager.
In the event the determination of a dispute under this Article is unacceptable to either party
hereto, the party objecting to the determination must notify the other party in writing within
fourteen (14) calendar days of receipt of the written determination. The notice must state
the basis of the objection and must be accompanied by a statement that any Contract price
or Contract time adjustment claimed is the entire adjustment to which the objecting party
has reason to believe it is entitled to as a result of the determination. Within sixty (60)
calendar days after Final Completion of the Work, the parties shall participate in mediation
to address all objections to any determinations hereunder and to attempt to prevent
litigation. The mediator shall be mutually agreed upon by the parties. Should any objection
not be resolved in mediation, the parties retain all their legal rights and remedies provided
under State law. A party objecting to a determination specifically waives all of its rights
provided hereunder, including its rights and remedies under State law, if said party fails to
comply in strict accordance with the requirements of this Article.
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92. Mediation -Waiver of Jury Trial
In an effort to engage in a cooperative effort to resolve conflict which may arise during the
course of the construction of a Project(s), and/or following the completion of the Project(s),
the parties to this Contract agree all unresolved disputes between them shall be submitted •
to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing
by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct
any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will share
the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to include such
similar contract provisions with all Sub -Contractors retained for the Work, thereby providing
for non -binding mediation as the primary mechanism for dispute resolution.
In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right
to demand a jury trial or to file permissive counterclaims in any action arising under this
Contract.
93. City May Avail Itself of All Remedies
The City may avail itself of each and every remedy herein specifically given to it now or
existing at law or in equity, and each and every such remedy shall be in addition to every
other remedy so specifically given or otherwise so existing and may be exercised from time
to time and as often and in such order as may be deemed expedient by the City. The
exercise or the beginning of the exercise, of one remedy shall not be deemed a waiver of
the right to exercise, at the same time or thereafter, of any other remedy. The City's rights
and remedies as set forth in the Contract Documents are not exclusive and are in addition to
any other rights and remedies in law or in equity.
94. Permits, Licenses and Impact Fees
All applicable permit fees, including those assessed by the City, are the responsibility of the
Contractor. That also includes any other permit fees not directly related to the actual
construction of the Project(s), including but not limited to, licenses, permits and fees, such
as Permits for dumpsters, job trailers, etc., which may be required by Miami -Dade County,
the State of Florida, or other governmental entities, except as otherwise provided within the
Contract Documents. All permits and licenses required by federal, state or local laws, rules
and regulations necessary for the prosecution of the Work undertaken by Contractor
pursuant to the Contract Documents shall be secured and paid for by Contractor. It is
Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency,
valid for the Work to be performed and valid for the jurisdiction in which the Work is to be
performed for all persons working on the Project(s) for whom a Certificate of Competency is
required.
Impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor.
Contractor shall be reimbursed only for the actual amount of the impact fee levied by the
public entity as Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY
(e.g. Building Department's Fees such as, Master Permit, Major Trades, Mechanical,
Electrical, and Plumbing Fees; Public Works Fees, such as Line and Grade, Excavation,
Dewatering and NPDES Fees, and Zoning Department's Fees) by virtue of this construction
as part of the Contract shall be reimbursed to the Contractor by the City through an
Allowance Account set for herein, evidenced by an invoice or other acceptable
documentation issued by the public entity. This amount is to be utilized strictly for the
Contractor's Permit Fees reimbursements. Any moneys left from this allowance account will
in no event be utilized for other purposes.
Permit Fees reimbursement to Contractor shall be for the actual amount and in no event
shall include profit or overhead of Contractor. Permit fees related to the Contractor's
operations (e.g. permits for dumpsters, job trailers, etc.) are not reimbursable.
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95. Compliance with Applicable Laws
The Contractor shall comply with the most recent editions and requirements of all applicable
laws, regulations, and building and construction codes of the Federal government, the State
of Florida, the County, and the City.
The attention of the Contractor is directed to the requirements of the Florida Building Code
and the Codes of Miami -Dade County and the City of Miami, Florida, governing the
qualifications for Contractor and Sub -Contractor doing business anywhere in the City; and
any public agency having jurisdiction over the project.
96. Independent Contractor
The Contractor is engaged as an independent business and agrees to perform Work as an
independent contractor. In accordance with the status of an independent contractor, the
Contractor covenants and agrees that the Contractor will conduct business in a manner
consistent with that status, that the Contractor will not claim to be an officer or employee of
the City for any right or privilege applicable to an officer or employee of the City, including,
but not limited to: worker's compensation coverage; unemployment insurance benefits;
social security coverage; retirement membership, or credit.
The Contractor's staff shall not be employees of the City, and the Contractor alone shall be
responsible for their Work, the direction thereof, and their compensation and benefits of any
kind. Nothing in the Contract shall impose any liability or duty on the City on account of the
Contractor's acts, omissions, liabilities or obligations of those of any person, firm, company,
agency association, corporation, or organization engaged by the Contractor as a
subcontractor, expert, consultant, independent contractors, specialist, trainee, employee,
servant or agent or for taxes of any nature, including, but not limited to: unemployment
insurance; worker's compensation and anti -discrimination, or workplace legislation of any
kind. The Contractor hereby agrees to indemnify and hold harmless the City against any
such liabilities, even if they arise from actions directed or taken by the City.
97. Third Party Beneficiaries
Neither Contractor nor City intends to directly or substantially benefit a third party by this
Contract. Therefore, the parties agree that there are no third party beneficiaries to this
Contract and that no third party shall be entitled to assert a claim against either of them
based upon this Contract. The parties expressly acknowledge that it is not their intent to
create any rights or obligations in any third person or entity under this Contract.
98. Successors and Assigns
The performance of this Contract shall not be transferred pledged, sold, delegated or
assigned, in whole or in part, by the Contractor without the written consent of the City. It is
understood that a sale of the majority of the stock or partnership shares of the Contractor, a
merger or bulk sale, an assignment for the benefit of creditors shall each be deemed
transactions that would constitute an assignment or sale hereunder requiring prior City
approval.
Any transference without City approval shall be cause for the City to nullify this Contract,
Any assignment without the City's consent shall be null and void. The Contractor shall have
no recourse from such cancellation. The City may require bonding, other security, certified
financial statements and tax returns from any proposed assignee and the execution of an
assignment/ assumption agreement in a form satisfactory to the City Attorney as a condition
precedent to considering approval of an assignment.
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The Contractor and the City each binds one another, their partners, successors, legal
representatives and authorized assigns to the other party of this Contract and to the
partners, successors, legal representatives and assigns of such party in respect to all
covenants of this Agreement.
99. Materiality and Waiver of Breach
City and Contractor agree that each requirement, duty, and obligation set forth in this
Contract Documents is substantial and important to the formation of the Contract
Documents and, therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of the Contract Documents. A waiver of any breach
of a provision of the Contract Documents shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of the Contract
Documents.
100. Severability
In the event the any provision of the Contract Documents is determined by a Court of
competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful
provision shall be excised from this Contract, and the remainder of the Contract Documents
shall continue in full force and effect. Notwithstanding the foregoing, if the result of the
deletion of such provision will materially and adversely affect the rights of either party, such
party may elect, at its option, to terminate the Contract in its entirety. An election to
terminate the Contract based upon this provision shall be made within seven (7) calendar
days after the finding by the court becomes final.
101. Applicable Law and Venue of Litiqation
This Contract shall be interpreted under the laws of the State of Florida. This Contract shall
be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either
party with respect to the enforcement of any or all of the terms or conditions herein exclusive
venue for the enforcement of same shall lie in Miami -Dade County, Florida. The parties
waive any objections to venue.
102. Amendments
No modification, amendment, or alteration in the terms or conditions contained herein shall
be effective unless contained in a written document prepared with the same or similar
formality as this Contract and executed by the City Manager, Director or designee.
103. Entire Agreement
The Contract Documents, as they may be amended from time to time, represent the entire
and integrated Contract between the City and the Contractor and supersede all prior
negotiations, representations or agreements, written or oral. This Contract may not be
amended, changed, modified, or otherwise altered in any respect, at any time after the
execution hereof, except by a written document executed with the same formality and equal
dignity herewith. Waiver by either party of a breach of any provision of the Contract
Documents shall not be deemed to be a waiver of any other breach of any provision of the
Contract Documents.
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104. Nondiscrimination, Equal Employment Opportunity, and Americans with
Disabilities Act
Contractor shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement.
Contractor shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act (ADA) in the course of providing any services funded by City, including Titles
I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to
ensure nondiscrimination in employment against disabled persons.
Contractor's decisions regarding the delivery of services under the Contract Documents
shall be made without regard to or consideration of race, age, religion, color, gender, sexual
orientation, national origin, marital status, physical or mental disability, political affiliation, or
any other factor which cannot be lawfully used as a basis for service delivery.
105. Evaluation
Contractor acknowledges that upon completion of the of the Work under the Contract
Documents and/or at any other time deemed appropriate by the City a performance
evaluation report will be completed by the City. A copy of each performance evaluation
shall also be forwarded to the Contractor. The performance evaluations will be kept in City
files for evaluation on future solicitations.
106. Commodities Manufactured, Grown, or Produced in the City of Miami, Miami -
Dade County and the State of Florida
Whenever two or more competitive sealed bids are received, one or more of which relates to
commodities manufactured, grown, or produced within the City of Miami, Miami -Dade
County and the State of Florida, and whenever all things stated in such received bids are
equal with respect to price, quality, and service, the commodities manufactured, grown, or
produced within the City of Miami, Miami -Dade County and the State of Florida shall be
given preference.
107. Royalties and Patents
All fees, royalties, and claims for any invention, or pretended inventions, or patent of any
article, material, arrangement, appliance, or method that may be used upon or in any
manner be connected with the construction of the Work or appurtenances, are hereby
included in the prices stipulated in the Contract for said Work.
108. Continuation of the Work
Any Work that commences prior to and will extend beyond the expiration date of the current
contract period shall, unless terminated by mutual written agreement between the City and
the involved contractor, continue until completion at the same prices, terms and conditions.
109. Review of Records
City shall have the right to inspect and copy, at City's expense, the books and records and
accounts of Contractor which relate in any way to the Project(s), and to any claim for
additional compensation made by Contractor, and to conduct an audit of the financial and
accounting records of Contractor which relate to a Project(s) and to any claim for additional
compensation made by Contractor including but not limited to all payroll records, invoices for
materials, and books of accounts. Such records shall conform to Generally Accepted
Accounting Principles requirements (GAAP), and shall only address those transactions
related to the Contract.
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Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall
be kept in accordance with such statute. Otherwise Contractor shall retain and make
available to City all such books and records and accounts, financial or otherwise, which
relate to the Project(s) and to any claim for a period of five (5) years following Final
Completion of the Project(s).
The Contractor agrees to maintain an accounting system that provides for accounting
records that are supported with adequate documentation and adequate procedures for
determining allowable costs.
Contractors shall develop the proper forms and reports acceptable to the City for the
administration and management of the Contract Documents.
110. No Interest
Any monies not paid by City when claimed to be due to Contractor under the Contract
Documents, including, but not limited to, any and all claims for damages of any type, shall
not 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.
111. Payments Related to Guaranteed Obligations
The City may withhold from any payments to be made such sums as may reasonably be
necessary to ensure completion of the Project(s) with respect to defective Work, equipment
or materials which may be identified by the Project Manager.
The City may deduct from any payment due the Contractor an amount equal to its cost
incurred on account of the Contractor's failure to fully perform its obligations under the
Contract.
The Project Manager, prior to withholding or deducting any monies hereunder, shall give the
Contractor notice of the defective Work, equipment or material and the basis for the
withholding or deduction.
Upon the Project Manager's determination that the Contractor has fulfilled its obligations, the
City will pay the Contractor any monies owed, subject to Contractor's submission of, or
compliance with, any remaining documentation or obligation, as the case may be, in
accordance with the Contract Documents
112. Consent of City Required for Subletting or Assignment
If the Contractor assigns, transfers, sublets, pledges, sells, encumbers or otherwise
disposes of the Contract or its right, title or interest in or to the same or any part thereof
without the previous consent in writing of the City, such action shall be an Event of Default.
Nothing herein shall either restrict the right of the Contractor to assign monies due to, or to
become due or be construed to hinder, prevent or affect any assignment by the Contractor
for the benefit of its creditors, made pursuant to applicable law.
113. Agreement Limiting Time in Which to Bring Action Against the City
In the event the Contractor may be deemed to have a cause of action against the City, no
action shall lie or be maintained by the Contractor against the City upon any claim arising
out of or based upon the Contract Documents by reason of any act or omission or
requirement of the City or its agents, unless such action shall be commenced within six (6)
months after the date of issuance of a final payment under the Contract, or if final payment
has not been issued within six (6) months of substantial completion of the Work or upon any
claim relating to monies required to be retained for any period after the issuance of the said
certificate, unless such action is commenced within six (6) months after such monies
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become due and payable under the terms of the Contract Documents, or if the Contract is
terminated or declared abandoned under the provisions of the Contract unless such action
is commenced within six (6) months after the date of such termination or declaration of
abandonment by the City.
114. Defense of Claims
Should any claim be made or any legal action brought in any way relating hereto or to the
Work hereunder, except as expressly provided herein, the Contractor shall diligently render
to the City, after additional compensation is mutually agreed upon, any and all assistance
which the City may require of the Contractor.
115. Contingency Clause
Funding for this Contract is contingent on the availability of funds and continued
authorization for program activities and the Contract is subject to amendment or termination
due to lack of funds, failure to allocate or budget sufficient funds, reduction of funds and/or
change in applicable laws, codes regulations, upon thirty (30) days notice in the same
manner as a Termination for Convenience under § 90 herein. The Contractor shall have no
recourse against the City for a termination under this Section except as provided § 90.
116. Mutual Obligations
This document, change order, field directive, and written clarifications issued under the
Contract, and the Contractor's submittals, shall constitute the Contract Documents between
the parties with respect hereto and supersedes all previous communications and
representations or agreements, whether written or oral, with respect to the subject matter
hereto unless acknowledged in writing by their duly authorized representatives.
Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any third
party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership
control or statutory control) to a party.
In those situations where the Contract Documents imposes an indemnity obligation on the
Contractor, the City, may at its expense, elect to participate in the defense of the claim if the
City should so choose. Furthermore, the City may, at its own expense, defend or settle any
such claim if the Contractor fails to diligently defend such claim, and thereafter seek
indemnity for such cost from the Contractor.
117. Contract Extension
The City reserves the right to exercise its option to extend the Contract for up to ninety (90)
calendar days beyond the original Contract period. In such event, the City will notify the
Contractors in writing of such extensions.
118. Non -Exclusivity
It is the intent of the City to enter into a Contract with all successful Bidders that will satisfy
its needs as described herein. However, the City reserves the right, as deemed in its best
interest, to perform, or cause to be performed, the Work and services, or any portion thereof,
herein described in any manner it sees fit, including but not limited to: award of other
contracts, use of any contractor, or perform the Work with its own employees.
119. Nature of the Agreement
The Contractor shall provide the services set forth in the Contract Documents. The
Contractor shall provide full and prompt cooperation with the City in all aspects of the Work
to be performed.
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The Contractor acknowledges that the Contract Documents require the performance of all
things necessary for or incidental to the effective management and performance of a
Project(s). All things not expressly mentioned in the Contract Documents, but necessary to
carrying out its intent are required by the Contract Documents, and the Contractor shall
perform the same as though they were specifically mentioned, described and delineated.
The Contractor shall furnish all labor, materials, tools, supplies and other items required for
the completion of the Contract. All Work shall be accomplished at the direction of and to the
satisfaction of the Project Manager.
120. Contract Documents Contains all Terms
The Contract Documents and all documents incorporated herein by reference contain all the
terms and conditions agreed upon by the parties hereto, and no other agreement, oral or
otherwise, regarding the subject matter of the Contract Documents shall be deemed to exist
or to bind any of the parties hereto, or to vary any of the terms contained herein.
121. Applicable Law and Venue of Litiqation (Attorneys Fees)
In any litigation or action between the parties related to or arising by virtue of this contract,
each party shall bear its own attorneys fees.
122. Survival
The parties acknowledge that any of the obligations in the Contract Documents will survive
the term, termination and cancellation hereof. Accordingly, the respective obligations of the
Contractor and the City under the Contract, which by nature would continue beyond the
termination, cancellation or expiration thereof, shall survive termination, cancellation or
expiration thereof.
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SECTION 3 — SUPPLEMENTAL TERMS AND CONDITIONS
1. Contract Time & Hours
The Contractor shall furnish al labor, materials, equipment, tools, services, and incidentals to
complete all Work at a rate of progress that will ensure completion of the Work within the
Contract Time.
Contractor shall have 90 calendar days to achieve Substantial Completion from the date of
the Notice to Proceed is issued. Contractor shall have an additional 30 calendar days for
Final Completion of the Contract.
Work shall be performed in accordance with Code (Ord. No. 12959) of the City of Miami.
Any Work tobe performed outside of these times must be requested in writing to the Project
Manager 48 hours prior to the requested change. The Project Manager will notify the
Contractor in writing of any changes in approved Work hours.
The project hours are 8:00 am — 5:00 pm Monday thru Saturday.
2. LEED Certification (Not Applicable)
3. Progress Payments
Contractor may make application for payment for Work completed during the Project(s) at
intervals of not more than once a month or upon completion and Final Acceptance of the
Work. All applications shall be submitted in triplicate and the Contractor shall only use the
City's most current Contractor Payment Requisition Form. This form is available on the CIP
webpage. Where the time frame for completion of the Work is less than or equal to one
month or a Schedule of Values is not required, the Contractor shall submit the appropriate
documentation as defined below. Supporting evidence to be included with any application
for payment shall include, but is not limited to, an updated progress schedule as required by
Article 5 of the Supplemental Terms and Conditions and a partial or final release of liens or
consent of Surety relativeto the Work, which is the subject of the application for payment
and any other information required by the Project Manager or Consultant. Each application
for payment shall be submitted in triplicate for approval. City shall make payment to
Contractor within thirty (30) days after approval of Contractor's application for payment.
Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final
Acceptance by the City. Any interest earned on retainage shall accrue to the benefit of City.
All requests for retainage reduction shall be in writing in a separate stand alone document.
City may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:
■ Defective Work not remedied.
• Claims filed or reasonable evidence indicating probable filing of claims by other
parties against Contractor or City because of Contractor's performance.
• Failure of Contractor to make payments properly to Subcontractors or for
material or labor.
• Damage to another contractor not remedied.
■ Liquidated damages and costs incurred by City and/or Consultant for extended
construction administration.
• Failure of Contractor to provide any and all documents required by the Contract
Documents.
In instances where multiple Project are awarded the Contractor shall submit separate
Applications for Payment for each Project.
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When the above grounds are removed or resolved satisfactory to the Project Manager,
payment shall be made in whole or in part.
The City will pay, and the Contractor shall accept as full compensation for the Work, the
sums specified in the Contractor's submittal to the Contract Documents, as accepted by the
City.
Contractor may be paid for materials or equipment purchased and stored at the Project(s)
Site(s) or another location. Where a payment request is made for materials or equipment not
incorporated in the Project(s), but delivered and suitably stored at the site or at some other
location agreed upon in writing, the written documentation must be submitted at the time of
request for payment. Payment shall be conditioned upon submission by the Contractor of
paid invoices and an executed Material Purchased/Stored On -Premises form to establish
the City's title to such materialsor equipment, or otherwise .protect the City's interest,
including applicable insurance in the name of City and transportation to the site.
Contractor retains sole liability to replace such stored materials or equipment as a result of
damage or Toss for any reason.
4. Liquidated Damages
The Contractor is obligated and guarantees to complete the Project in the time set forth in
the Contract Documents or any approved extension of time. Where the Contractor fails to
do so, the Contractor shall pay to the City liquidated damages as follows. In the event of a
delay in completion beyond the timeframe set forth in the Contract Documents for
Substantial Completion, the Contractor shall pay to the City for each and every calendar day
of unexcused delay, the sum of Three Hundred Eighty Eight Dollars ($388.00) per calendar
day, which is hereby agreed upon not as a penalty but as liquidated damages. In the event
of a delay in completion beyond the timeframe set forth in the Contract Documents for Final
Completion, the Contractor shall pay to the City for each and every calendar day of
unexcused delay, the sum of One Hundred Ninety Four Dollars ($194.00) per calendar day,
which is hereby agreed upon not as a penalty but as liquidated damages. The Contractor
will be notified of any approved exceptions or extensions. The total amount of liquidated
damages shall not exceed the value of the applicable Contract Documents.
The City shall have the right to deduct liquidated damages assessments from any payment
due or which may thereafter become due to the Contractor under any contract the
Contractor has with the City. In case the amount, which may become due hereunder, shall
be less than the amount of liquidated damages due the City, the Contractor shall pay the
difference upon demand by the City. Should the Contractor fail to compensate the City for
any liquidated damages, the City shall consider this as a form of indebtedness and may
deny any future Work under the Contract or any other City contract until such indebtedness
is paid in full to the City.
5. Schedule of Values
The Contractor must submit three copies of a Schedule of Values, which must be submitted
within ten (10) calendar days of the issuance of the Notice to Proceed. The Schedule of
Values shall indicate a complete breakdown of labor and material of all categories of Work
on the Project. Contractor's overhead and profit should be as separate line items. Each line
item shall be identified with the number and title of the major specification section or major
components of the items. The Project Manager or Consultant may require further
breakdown after review of the Contractor's submittal The City reserves the right to require
such information from the Contractor as may be necessary to determine the accuracy of the
Schedule of Values. The combined total value for mobilization under the Schedules of
Values shall not exceed 5% of the value of the Contract. The approved schedule of values
shall be updated through the submittal of the City's Contractor Payment Application Form.
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6. Project Schedules
Contractor shall submit a proposed Project schedule ("Schedule") as follows:
a. Schedule identifying all tasks within the critical path. The proposed Project
schedule shall be submitted within ten (10) calendar days of the Notice to
Proceed and such submittal shall be subject to the Project Manager and
Consultant's review. Subsequent to such review of said Schedule the Contractor
shall establish said schedule as the baseline Schedule.
b. The Schedule shall be prepared in the form of a horizontal bar chart with
separate horizontal bars for each design task, construction task in the critical
path in chronological order. Provide horizontal time scale in weeks from the start
of construction and identify the first work day of each month. Identify listings of
any major equipment installation milestones.
c .. All updates of Schedules shallbetracked against the baseline schedule and
shall be at a minimum submitted with each pay application. An updated
Schedule against the baseline shall also be submitted upon execution of each
change order that impacts the Contract Time for completion. Failure to submit
such Schedules shall result in the rejection of any submitted payment application.
d. All Schedules shall be prepared in Microsoft Project 2003 or earlier unless
otherwise approved by the Project Manager. At the time of submission of
Schedules, Contractor shall submit a hard copy as well as an electronic version.
Such electronic version shall not be submitted in a PDF format and shall be
capable of being incorporated into the City's master Project schedule.
e. Subsequent to review of the initial Schedule submission the Contractor shall
establish the reviewed Schedule as the "Baseline Schedule". Contractor shall
then prepare and submit all updates to the Schedules utilizing the tracking mode
within Microsoft Project.
At a minimum the contents of the Baseline Schedule shall show or indicate the following:
a. Complete sequence of design by activity reflecting the Sub consultant
responsible for the activity.
b. Complete sequence of construction by activity reflecting the Contractor or
Subcontractor(s) responsible for each activity.
c. Dates for the beginning and completion of each major element of design and
construction in no more than a two -week incremental scale.
d. Items of work that must be accomplished to achieve substantial completion.
1) Major disciplines or trades of work
2) Filter downtime
3) Time required for Contractor's submittals, fabrication and deliveries.
4) Time required by the City to review all submittals.
5) Time required by City to support any pre -operational and start-up testing.
6) Time required for the relocation of utilities, if required.
7) Percentage of completion for each item as of the date the schedule was
prepared.
8) Dates for Contractor's submittals.
9) Dates for any required City -furnished materials or equipment.
10) Dates accepted submittals will be required from the City.
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Rockerman Canal Improvements B-30680 Bid No: 12-13-017
In addition the Contractor shall provide:
a. Provide a list of all long lead items and their anticipated dates of delivery
(equipment, materials, etc.) Monthly updates shall reflect actual versus
projected, and any revised projections
b. Provide a projected dollar cash flow spend down for each month of construction.
Monthly updates shall reflect any change orders as well as actual versus
projected, and any revised projections.
7. Release of Liens/Subcontractor's Statement of Satisfaction
The Contractor warrants and guarantees that title to all Work, materials and equipment
covered by an application for payment, whether incorporated in the Project(s) or not, will
pass to the City upon the receipt of such payment by the Contractor, free and clear of all
liens, claims, security interests or encumbrances and that no Work, materials or equipment
will have been acquired by the Contractor or by any other person performing Work at the
site or furnishing materials and equipment for the Project(s), subject to an agreement under
which an interest therein or an encumbrance thereon is retained by the seller or otherwise
imposed by the Contractor or such other person.
The Contractor shall, beginning with the second request for payment, attach a Partial
Release of Lien/Subcontractor's Statement of Satisfaction for each application for payment.
Failure to submit such documentation may delay payments. The City may, in its sole
discretion withhold payments for Work performed by Subcontractor where no release of lien
has been submitted. The Contractor shall submit with the final payment request, for any
Project(s) where subcontractors have performed Work, a Final Release of
Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as a final.
Failure to submit such documentation will result in delay in payment or the City withholding
from the final payment such funds as necessary to satisfy any Subcontractor claims.
Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in
lieu of the Release of Lien/Subcontractor's Statement of Satisfaction, submit a Consent of
Surety to Requisition Payment.
8. Progress Meetings
The City shall conduct a pre -construction conference prior to the commencement of the
Work. Contractor shall hold progress and coordination meetings as required by the Project
Manager or Engineer, to provide for the timely completion of the Work.
Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with
the Project Manager and/or Consultant. Contractor shall use the job site meetings as a tool
for the pre -planning of Work and enforcing schedules, and for establishing procedures,
responsibilities, and identification of authority for all parties to clearly understand. During
these meetings, Contractor shall identify the party or parties responsible for following up on
any problems, delay items or questions, and Contractor shall note the action to be taken by
such party or parties. Contractor shall revisit each pending item at each subsequent meeting
until resolution is achieved. Contractor shall attempt to obtain from all present any potential
problems or delaying event known to them for appropriate attention and resolution.
Contractor shall be responsible for keeping minutes of the meeting and distribution of the
minutes to all parties in attendance.
The Contractor shall arrange for the participation of its subcontractors and/or vendors when
the Project Manager requires their presence.
75
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
The Contractor shall maintain minutes of the meeting and distribute copies of the minutes to
all parties in attendance. The Contractor shall prepare and distribute to Project Manager
and the Consultant an updated two -week look -ahead schedule of construction activities and
submittals.
9. Request for Information
The Contractor shall submit a Request for Information (RFI) where the Contractor believes
that the Contract Document's specifications or drawings are unclear or conflict. All requests
must be submitted in a manner that clearly identifies the drawing and/or specification section
where clarification or interpretation is being requested. As part of the RFI, Contractor shall
include its recommendation for resolution. The Architect and City shall respond in writing.
10. - Project Site Facilities
The Contractor shall arrange for all Project(s) site facilities as maybe necessary to enable
the Project Manager or Consultant to perform their respective duties and to accommodate
any representatives of the City which the City may choose to have present at the Project(s).
Contractor's, Subcontractor's, supplier's, material men's personnel shall not use the City
restrooms that may be available at the Project(s) site without the prior consent of the
manager of the facility or the Project Manager where there is no manager of a facility. The
Contractor shall provide and maintain at his own expense, in a sanitary condition, such
accommodations for the use of his employees as is necessary to comply with the
requirements including Chapter 46 of the Building Code and regulations of the State of
Florida Department of Health and Rehabilitative Services or Dade County Health
Department. The Contractor, his employees or his Sub -Contractors shall commit no public
nuisance or use any facilities that have not been specifically provided for use by the
Contractor.
The Contractor shall furnish an adequate supply of drinking water for its and its Sub -
Contractors' employees.
There shall be adequate provisions made by the Contractor to ensure all disposable
materials are properly disposed of and do not create a nuisance to the City or the public.
The location of the temporary facilities shall be subject to the approval of the Project
Manager or Consultant.
11. Temporary Facilities, Utilities, and Construction
Contractor is required to provide any necessary temporary utilities to the site, such as
electric, water, and sanitary services to the site for new construction or additions to a facility,
or those that are necessary for the performance of the Work. Contractor shall make all
arrangements with the local utility companies. The Contractor shall also be responsible for
furnishing all materials and equipment necessary for the installation and maintenance of any
temporary utilities. The Project Manager may authorize the use of existing utilities. Such
decision will be made at the sole discretion of the Project Manager and the City.
Contractor shall furnish, install and maintain temporary facilities required for construction, and
shall remove them upon completion of the Work. All facilities shall comply with the respective
federal, state and local codes and regulations and with utility company requirements.
Materials for temporary facilities may be new or used, but must be adequate in capacity for
the required usage, must not create unsafe conditions, and must not violate requirements of
applicable codes and standards.
76
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
The Contractor must pay for all utility costs associated with new lines, new hook ups, new
utility accounts, and so forth which were necessitated by the Project itself. Contractor shall
pay all changes, fees, costs, or other impositions for utilities, including, without limitation,
electric, water, sewer, telecommunications and other utilities of whatever nature arising from
the Project or the Work as herein defined.
The Contractor shall be required to obtain all necessary permits required for any Project(s)
site facilities and utilities. Contractor shall also be responsible to maintain such facilities in a
safe and working condition. Contractor shall be responsible for payment for all fees and
charges for the installation and use of all temporary facilities and utilities.
All such facilities and utilities remain the property of the Contractor and the Contractor shall
be responsible for removal and disposal of such facilities prior to Final Acceptance.
Temporary fences: If, during the course of the Work, it is necessary to remove or disturb any
fencing, the Contractor shall, at his own expense, provide a suitable temporary fence which
shall be maintained until the permanent fence is replaced. The Project Manager will be
solely responsible for the determination of the necessity for providing a temporary fence and
the type of temporary fence to be used.
Responsibility for Temporary Structures: In accepting this Contract, the Contractor assumes full
responsibility for the sufficiency and safety of all temporary structures or work and for any damage
which may result from their failure or their improper construction, maintenance or operation and will
indemnify and save harmless the City from all claims, suits or actions and damages or costs of
every description arising by reason of failure to comply with the above provisions.
12. Security
The site where the Work is to be performed may not be a secure site and the public may
have access to the site. The Contractor shall have sole responsibility for the security of all
Work materials, tools, equipment and Work at the Project(s) site. The City shall not be liable
for any damage or loss to such materials, tools, equipment and Work and the Contractor
shall be responsible for the repair or replacement of all Work such materials, tools, and
equipment.
13. Construction Signage
Contractor will typically be expected to furnish and install a minimum of two signs in addition
to construction related signs such as warning signs.
The City shall provide the Contractor the wording and layout for the signs at the pre -
construction conference. The Contractor shall furnish the two City signs at the Project(s)
Site(s) as follows:
■ The first sign must be manufactured by Image 2000, 45 East 9th Court, Hialeah,
Florida (305) 884-2240 or approved equal. The sign shall be 4 feet wide and 8 feet
high and constructed of pressure sensitive 2 mil cast vinyl over -mounted with 3 mil
mylar and mounted to 1 MDO with painted back. The sign shall be mounted on 4
inch square wood or perforated "U" channel metal posts painted white, and be
readable at eye level. The colors to be used on the sign are as follows: the
background shall be white with blue lettering; the seal shall be white and gold with
blue lettering form.
77
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
• The second sign shall reflect other funding sources for the Project and shall reflect
the Project information. The sign shall be 4 feet wide by 8 feet high by 3/ inch (thick)
exterior plywood, suitablymounted and readable at eye level. The colors shall be
blue and white. The background shall be white and all lettering shall be blue
Helvetica. All paint shall be rated outdoor enamel. The City will provide the City
Seal in decal form.
• The Contractor shall also post appropriate construction site warning signs at the
Work Site. Suchsigns shall be posted to warn pedestrian and vehicle traffic.
Signage shall also be placed waterside to alert boater to the construction zone,
requiring idle speed and a minimum clearance distance. Contractor shall provide
drawings for the signage, which shall be subject to approval by the Consultant.
• The Project Manager and the City shall approve the locations for all signage.
14. Construction Photographs
Prior to commencement of the Work the Contractor will take digital photographs to
document existing conditions and submit copies as required herein prior to the
commencement of Work. Contractor shall submit with each application for payment
photographs that accurately reflect the progress of all aspects the Work. The number of
photographs to be taken will be based on the magnitude of Work being performed.
Contractor shall submit one copy of each photograph in print and digitally. The photographs
shall be printed on 8"X10" high resolution glossy commercial grade and weight color
photographic print paper. Each photograph shall be imprinted on its face with the title of the
Project, the date, and time the picture was taken. Digital photographs shall be taken using
.jpeg format and will be submitted on a CD-ROM clearly identifying the name of the Project,
the name of the Contractor, and the timeframe in which the pictures were taken. Initial set
up prints, unless otherwise allowed by the Project Manager will be submitted in a three ring
binder with each picture protected by a clear plastic sleeve. Subsequent prints are to be
submitted in clear plastic sleeves that can be added to the binder. The three-ring binder
shall be of such size to be able to hold all print pictures.
15. City Furnished Property
Where noted by the Contract Documents or as directed by the Project Manager the
Contractor may be required to preserve all signage, street signs, parking meters, benches,
traffic control signs, etc, and shall reinstall or provide them to the City as directed.
78
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
Rockerman Canal Improvements
Project Number: B-03680
Bid No: 12-13-017
Rockerman Canal Improvements
Bid No: 12-13-017
Project No: B-30680
Bid Contents from Pac Comm, Inc.
• Bid Form
• Addendum #1
• Bid Bond
• Certificate of Compliance with Sections 18-87 and 189-89 of the City Code
• Questionnaire
• Equipment List
• Current Experience/Project List
• Past Experience/Project List
• Subcontractor's Information:
o Archaeological and Historical Conservancy, Inc. License Information and Quote
o William T. Fowler— ISA Certification and License Information
• References
o East Cape and Homestead Dam
o Waterways Shoreline Restoration Project
o Dredge Boat Basin- Mayport
• Subcontractor Utilization Form
• Pac Comm, Inc. Licenses
o General Contractor's License
o Miami Dade County Business Tax Receipt
o State of Florida Minority, Women & Service Disable Veteran Business Certification
o US Small Business Administration 8a Certification
o Broward County Public Schools MBE Certification
o South Florida Water Management District SBE Certification
Bid Form
SECTION 4 - BID FORMS
Submitted: May8, 2013
Date
City of Miami, Florida
Office of the City Clerk
City Hall, 1st Floor
3500 Pan American Drive
Miami, Florida 33133-5504
The undersigned, as Bidder, hereby declares that the only persons interested in this Bid as principal
are named herein and that no person other than herein mentioned has any interest in this bid or in
the Contract to be entered into; that this Bid is made without connection with any other person, firm,
or parties making a Bid; and that it is, in all respects, made fairly and in good faith without collusion
or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself fully of all
conditions pertaining to the place where the Work is to be done; that it has examined the Contract
Documents and all addenda thereto furnished before the opening of the bids, as acknowledged
below; and that it has satisfied itself about the Work to be performed; and that it has submitted the
required Bid Guaranty; and all other required information with the Bid; and that this Bid is submitted
voluntarily and willingly.
The Bidder agrees, if this Bid is accepted, to contract with the City, a political subdivision of the
State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all
necessary materials, equipment, machineryr tools, apparatus, means of transportation, and all labor
necessary to construct and complete within the time limits specified the Work covered by the
Contract Documents for the Project(s) entitled:
Bid No: 12-13-017
Title: ROCKERMAN CANAL IMPROVEMENTS
Project No: B-30680
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative
form of security, if permitted by the City, each for not less than the total Bid price plus alternates, if
any, and to furnish the required Certificate(s) of Insurance.
The undersigned further agrees that the Bid guaranty accompanying the Bid shall be forfeited if
Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and
Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar
days after being notified of the award of the Contract.
In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be
corrected by the City. Bidder agrees that any unit price listed in the Bid is to be multiplied by the
stated quantity requirements in order to arrive at the total.
79
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
BID FORM (Page 2 of 9)
Note: Bidders are bidding on a total lump sum basis for the purpose of determining the lowest
responsive and responsible bidder. Where there is a discrepancy between the numerical and
written Bid Amount, the written Bid Amount will prevail.
City Form SU must be submitted with your bid. The SU Form can be found posted on the
webpage with the bid documents.
Our Lump Sum Bid includes the total cost for the Work specified in this solicitation, consisting of
furnishing all materials, labor, equipment, permits, supervision, mobilization, transportation, and
includes all overhead & profit required in accordance with the Bid Specifications.
Bid Item 1: Lump Sum Base Bid
Includes the total cost for the Work specified in this solicitation, consisting of demolitions, asbestos
abatement, total lead -based paint abatement for interior and exterior surfaces, utility offsite
improvements and site lighting, furnishing all materials, labor, equipment, supervision, mobilization,
transportation, and includes all overhead & profit required, in accordance with the Bid
Specifications.
Lump Sum Base Bid Price: $ 347,900.00
(LUMP SUM)
ALLOWANCE FOR PERMIT FEES: $8500
*Costs are for actual City of Miami permits only
TOTAL LUMP SUM BID AMOUNT: $ 356,400.00
(BID TOTAL)
Three Hundred Fifty Six Thousand Four Hundred Dollars and Zero Cents
Total Lump Sum Bid Written Amount
80
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
BID FORM (Page 3 of 9)
DIRECTIONS: COMPLETE PART 1 OR PART II, WHICHEVER APPLIES, AND PARTS III AND IV
(If applicable)
Part I: Listed below are the dates of issue for each Addendum received in connection with this
Bid:
Addendum No. 1, Dated April 30,2013
Addendum No. 2, Dated
Addendum No. 3, Dated
Addendum No. 4, Dated
Part II: No addendum was received in connection with this Bid.
Part III; Certifications
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and
shall comply with all the stated requirements.
1. Community Small Business Enterprise ("CSBE") Requirements
Bidder certifies that it has read and •understood the provisions of City of Miami Ordinance
13331, codified as Sections 18-89 of the City Code, pertaining to the implementation of a
"Community Small Business Enterprise" requirement. Evaluation of bidder's responsiveness to
Ordinance Section 13331 shall be a consideration in the award of a contract.
2. Non -Collusion
Bidder certifies that the only persons interested in this Bid are named herein; that no other
person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is
made without connection or arrangement with any other person. Bidder certifies that the
selected independent third -party verifier will verify and certify compliance data and reports
honestly and accurately; and
3. Drug Free Workplace
The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture,
distribution, dispensing,. possession, or use of a controlled substance is prohibited in the
Bidder's workplace, and specifying the actions that will be taken against employees for
violations of such prohibition;
(2) Establishing a continuing drug -free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug -free workplace;
81
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
BID FORM: (Page 4 of 9)
(iii) Any available drug counseling, rehabilitation, and employee assistance programs;
and
(3)
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
Giving all employees engaged in performance of the Contract a copy of the statement
required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as
a condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute
for a violation occurring in the workplace no later than five (5) calendar days after such
conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such
conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is convicted of a
drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including
.termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health, law
enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug -free workplace program through
implementation of subparagraphs(1) through (6); and
4. Lobbying
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, ban; or cooperative agreement.
If any funds other than Federal appropriated funds have been paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions.
82
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
BID FORM: (Page 5 of 9)
This undersigned shall require that the language of this certification be included in the award
documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts
under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a pre -requisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure; and
* Note: In these instances, 'Alin in the Final Rule is expected to be clarified to show that it
applies to covered contract/grant transactions over $100,000 (per QMB).
5. Debarment, Suspension and Other Responsibility Matters
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from covered transactions by any Federal department or agency.
Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or falsification or destruction of records, making false statements, or receiving
stolen property;
Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph
1.b of this certification; and
Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
Where the prospective Bidder is unable to certify to any of the statements in this certification, such
Bidder shall submit an explanation to the City of Miami.
6. Local Workforce Participation Requirements
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
(a) have read and understood the provisions of City of Miami Ordinance 13332,
codified as Sections 18-89 of the City Code pertaining to the local workforce
participation requirements on a quarterly basis;
(b) have identified in City Form Subcontractor Utilization ("SU") a third party
independent that verifies and is properly licensed under the provisions of F.S.
454,471,473, or 481 and who is not with the contractor, and
the selected third party, who independently verifies compliance with this
section, must have a minimum of 2 years of experience as required in Ordinance
No. 13332, codified as Sections 18-89 of the City Code;
(c)
83
Rockerrnan Canal Improvements B-30680 Bid No: 12-13-017
BID FORM (Page 6 of 9)
Part IV; Certification — Trench Safety Act
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the Trench Safety
Act, and will comply with all applicable trench safety standards. Such assurance shall be legally
binding on all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards.
Bidder acknowledges that included in the various items of the proposal and in the total Bid price are
costs for complying with the Florida Trench Safety Act. These items are a breakout of the
respective items involving trenching and will not be paid separately. They are not to be confused
with bid items in the schedule of prices, nor be considered additional Work.
84
Rockem,an Canal Improvements B-30680 Bid No: 12-13-017
BID FORM (Page 7 of 9)
The Bidder further identifies the costs and methods summarized below:
Quantity Unit
Description Unit Price Price
Extended.. Met
Not applicable for Imp urn bids per conversation with I Marlo Darrington on 5-7-13
• Total
Attached is a Bid Bond.(], Cash [ ], Money Order [ ], Unconditional/irrevocable Letter of Credi'
Treasurer's Check [ ], Bank Draft [ ], Cashiers Check [ ], or Certified Check [ ] No.
Ba nk cf for the sum of
Five Percent of Bid Amount
Dollars ($ }.
The Bidder shall acknowledge this Bid and certifies to the above stated in Part Ifl and IV. by signing
and completing the spaces provided belo
Firm"s Name: Conini,-�Inc.
Signature:
_.r
Printed NamelT le: Emmanuel Pacin, CEO
City/State/Zip: Miami. FL 33 15 ....
Telephone No. 05-381-5157
Facsimile No.: 109. 57-79rf? E-Mail Address:. epacinevpacconzminc.coni
Social Security
No. or Federal . Dun and
I.D. No.: 50-254-8965 Bradstreet No.: 62129559E
(if applicable)
If a partnership, names and addresses .of partners:
85
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
BID FORM (Page S of 9)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of . the Board of Directors of
Pac Comm, Inc. a corporation organized and existing under the laws of the
State of Plrtir;rla .. held on the day of a resolution was duly passed and
adopted authorizing (Name) Ernmanuel Pacin as (Title) CEO of the
corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested
by the secretary of the corporation, shall be the official act and deed of the corporation. 1 further certify that.
said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand. this Prli, day of May , 20
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
HEREBY CERTIFY that at a meeting of the Board of Directors of
a partnership organized and existing under the law of
the State of , held on the day of, a resolution was duly passed and
adapted authorizing (Name) _ as (Title) of the to execute
bids on behalf of the partnership and provides that his`her execution thereof, attestedby a partner, shall be
the official act and deed of the partnership.
I further certify that said partnership agreement remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto, set my hand this day of.. 20 .._._.._
Partner:
Print:
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing this Bid is authorized
to sign Bid documents on behalf of The joint venture If there is no joint venture agreement each member of
the joint venture must sign the BA and submit the appropriate Certificate cf Authority (corporate, partnership,
or individual).
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
1 HEREBY CERTIFY that, 1 (Name) , individually and doing
business as (dfbla) (If Applicable) have executed and am
bound by the terms of the Bid to which this attestation is attached.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Signed:
Print:
66
Rockerman Canal improvements Fi-30680 Bid No. 12-13-017
BID FORM (Page 9 of 9)
NOTARIZATION
STATE OF Florida
} SS:
COUNTY OF Miami Dade }
The foregoing instrurnent wes acknowledged .before .me.this . 8th day of May 2a 13
by Emmanuel Pacin who is personally known to me or who has produced
as identification and who (did / did not) take an oath.
SIGN TUR •F OTARY PUBLIC
STATE: OF RIOIA
Sandra. Galindo
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
sANDRA LUCK GALINDO
• EXP1AES: Ddaba•2Q,aat4
Pled thin Pa'.rc t3rd:€xiters
87
Rowk.emmen Can lrrmprovemerrts B-30680 Bid No: 12-13-017
Addendum #1
eat/
ADDENDUM NO. 1
April 30, 2013
INVITATION TO BID NO.: 12-13-017
ROCKERMAN CANAL IMPROVEMENTS
CIP PROJECT NO.: B-30680
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications, and/or deletions amend the above -captioned Invitation to Bid
and shall become an integral part of the Bids submitted and the Contract to be executed for Rockerman Canal
Improvements — Invitation to Bid No.: 12-13-017 (the "Project"). Please note the contents herein and affix
same to the documents you have on hand.
REQUESTS FOR INFORMATION:
Q1. Will the City accept a qualified general requirement that meets the City's experience requirements AND
employs a certified arborist, certified by the International Society of Arboriculture: Licensed Landscape
Architect, licensed under Part II of Chapter 481, Rule 61G1, of the Florida Statutes Administrative Code
PLUS employs a certified mangrove trimmer issued by their board; or professional mangrove trimmer
status granted by the DEP. In addition, anarchaeologist is required on site as this is a historic
preservation area.
Al. Yes.
Q2. Will the successful bidder have landslide access to Kennedy Park?
A2. Although the DEP and Corps permits state that dredging is to be completed via a clam -shell bucket
mounted on a barge, the dredging can occur from the land (south bank of Rockerman). Trucks will
have access to the site from the park. There are two conditions to dredging from land:
1. No dewatering can occur. Ail dredged material must be deposited directly into water -tight
containers and hauled immediately offsite to a Class I -approved landfill.
2. The contractor shall be responsible for repairing/replacing any grass in the park that is
destroyed as a consequence of trucks utilizing the park for this portion of the project.
Q3. From the bid documents and site -visit, it appears that the selected contractor will be installing standard
rip rap boulders as depicted on S-1A (Plans) typical rip -rap cross sections. Decorative cap rock is
currently in place. Combining these two different size and types of stone will have a negative
aesthetic appearance and may not be structurally sound.
A3. The City and the homeowners are aware that the proposed new riprap to be installed along the north
end of Rockerman Canal will be different from what currently exists along the bank. The City does not
Rockerman Canal Improvements, R-30680 ITS No.: 12.13.017
believe any component of the proposed design will be "structurally unsound
04, Due to .the wide variety of tasks in the scope of work andthe nature of said tasks such as
dredging/transportation/disposal of sediments, rip rap installation, mangrove alteration and native
plantings, we request that the City issue this project as a unit rate contract with the different tasks as
line items instead of on a one lump sum basis.
A4. The prospective bidder will be required to submit a line item bid.
05, Under the, permit conditions and the Cities views will the selected contractor be allowed to perform the
dredging by land along the southern embankment and if so will we be allowed to conduct dev�aering
activities from shore.
A. See A2,
THIS ADDENDUM IS AN ESSENTIAL PORTION OF T> IE CONTRA9T DOCUMENT ANC] SHALL DE MADE
A PART THEREOF.
Jeovanny
Capital tm
sistant Director
m
This Addendum should be signed and dated by the Proposer and submitted as proof of receipt wi_h the
submission of Proposals. The Proposer by identifying the addendum number in their Proposal and by signing
and submission of their Proposal shall serve as proof of receipt of this Addendum.
NAME OF FIRM:
SIGNATURE:
DATE: l - 1 7
Roc) rroan collar unproven rsts, B•30680
ITS ty .: 12-13-017
Bid Bond
State of Florida
County of Dade
City of Miami )
SS
SECTION 5 — ATTACHMENTS
BID BOND FORM (Page 1 of 3)
KNOWN ALL PERSONS BY THESE PRESENTS, that Pac Comm, Inc.
as
Principal, Capitol Indemnity Corporation as Surety,
are held and firmly bound unto The City of Miami, in the penal sum of Five Percent of Amount Bid
Dollars ($ 5% of Amount Bid ) lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has
submitted the accompanying Bid, dated May 8th , 20 13 , for: •
ROCKERMAN CANAL IMPROVEMENTS
BID No. 12-13-017
PROJECT No. B-30680
NOW THEREFORE:
(a)
If the principal shall not withdraw said Bid within one hundred twenty (120) days after
date of opening the same, and shall within ten (10) days after the prescribed forms are
presented to him for signature, enter into a written contract with the City, in accordance
with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as
may be required, for the faithful performance and proper fulfillment of such contract; or,
(b) In the event of the withdrawal of said Bid within the period specified, or the failure to
enter into such contract and give such bond within the time specified, if the principal
shall pay the City the difference between the amount specified in said Bid and the
amount for which the City may procure the required Work and supplies, if the latter
amount be in excess of the former, then the above obligation shall be void and of no
effect, otherwise to remain in full force and virtue.
89
Rockerman Canal Improvements B-30680
Bid No: 12-13-017
BID BOND FORM (Page 2 cif .3)
IN WITNESS WHEREOF, the above bound parties have executed this instrument under
their several seals, this 8th day of May
, A, D., 201 ,
the name and corporate seal of each party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
WITNESS: (If Sole Ownership,
Partnership, or Joint Venture,
two (2) Witnesses are required.
If Corporation, Secretary
only will attest and affix seal.)
See Attached Power of Attorney
Surety Secretary (Sigkature orgUthorized Officer)
David 5atine, Attorney -In -Fact
PRINCIPAL:
om*
of Firm,k,
(Signature of a
(Title)
4266 SW loth Court
r zed dff.cef)
(Business Address)
Miami FL
33155
City .State Zip
SURETY:
Capitol Indemnity Carporation
..... ............. _..
(Corporate Surety)
Affix
Seal
Affix
Sear
Rockerrnan Canal Improvements B•3Q6so ,. ,,
(Title)
P,O. sox 5900
(Business Address)
Madison WI,
City State
53705
Zip
'-S d No12-13-017
SID BOND FORM (Page 3 of 3)
CERTIFICATE AS TO CORPORATE PRINCIPAL
11' - dx-)uoj 1C" .C�t'-3 , certify that I am the Secretary of
Corporation n ed as Principal in the within bond; that
`Y'1i" CL1v k .1. '1 of said corporation; that I know ,his signal i nd the.
signature hereto is genuine, and that said bond was, duly signed, se and ttested for
behalf of said corporation by authority of its governing body.
STATE OF:FLORIDA )
COUNTY OF FADE
City OF M1A,M1
etore me,
appeared David Satine
(Corpori
Notary Pubiic ;duly
sworn upon oath, says
Capitol indemnity Corporation
commissioned,
to me well known, vvho: being by nie first du
he/she is the. attorney -in -fact, far . the
and that he/she been authorized by
has
Capitol IndernnityCorporattion1p execute the foregoing bond on behalf of the Contractor named
therein in favor of The City of Miami, Florida.
Subscribed .and sworn to before me this 8th day of may
INSTRUCTIONS: Bid Bonds
must be accompanied by a
Power of Attorney, in compliance
with Instructions to Bidders
S4
91
.1lockerman Canal improvements 13-M38e-
A.D.,20 13 .
Not y Public, State of Florida at
My Commission Expires:
April 11, 2014.
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Certificate of Compliance
CERTIFICATE OF COMPLIA CE WITH SECTIONS 18-87 and 18 9 OF THE CITY
CODE
EmmaflnI Pacin he thy certify that;
i) 1 Ettlrnantiel PaCin
Principal) of PaC Comm, Inc
• am the (PresidentSeeretary
(Res', oriden Firth);
•
ii) jhaVe read SeCtionS 1$47 and 1S-8P of the: C.it)i of Pi'ourOm 6i4 eqd,?,;. r -
ill) (Respondent Firm) Pet. Cornrii., Inc; herby a nQw1e'Iges that the
awarded contract hasha an on it labor component great4 than Or equal to tWenty,fiVe poc6r,it (45%), and
therefore .agrees to asig,ri .a ritininthin of fifteen percent (15%) of the contra:01 yaine to firins ottriefirlk
certified bY tyliathi-Dade Count as a Coninintii4i St* Business Enterprise ('($13E1*,
OR •
(ReSphrthent Firm) _ hereby is certified by Miami Dade
County as a CSEE :Erin and i1I .e1fperform ro theet the thinitotith fifteen: percent (15%) CSBE
. . _ .
requitetheut. An acti,,,* copy of tlie reptioderit'S CSBE certification must he included bid doeuinctit,
. .
v)
(Respondent Finn) Par, Comni, . hereby bgrees. t'braply viith the
Local Workforce Participation Requirements- stated in Section 1 -S9 of the City :of. 4aint :Procurement
Code.
.vi) OPTIONAL: •
vii) (Respondent Firm) Pc COMM, Inc. hereby agree.5 to mike assignments
pursuant to Item fiil. above. to certified CSBE films who maintain a 'Local Office", as dented in City
Code Section 18-73;
STATE OF FLORIDA.
COUNTY OF MIANII-DAD!.:
) SS
Before me, a Notary Public duly Commissioned, qualified and.attin a personally, appeared,
Enitnannel Pacin to the Well known, who being by me fir se duly sworn upon oath
saYs that heishe haS been authorized to exeente the foregoing CertifiCate.of compliance with Section 1 a .-89 of the
City .of Miami Procurement Code on behalf of Respondent Firm named therein in favor of the City.
Subscribed and SWorn to before, me this day of 20
SEZRA LLICLA GALINDO .
. inemo4stoNkez04327
ErelitS; October 24, 2014 g#$:, Nv.ry Parr . .
otary Public
•orida at Large
88
flo'cleroan Canal Improvements i340680
•Bid No: 12-13-617
Questionnaire
SUPPLEMENT TO BID FORM:
QUESTIONNAIRE
This completed form MUST BE SUBMITTED WITH THE BID. The City may, at its sole
discretion, require that the Bidder submit additional Information not included in the submitted
form. Such information Must Be Submitted Within Seven (7) Calendar Days of the City's
request. Failure to submit the form or additional information requested by the City, shall result
in the rejection of the Bid as non -responsive. Additional pages may be used following the same
format and numbering.
By submitting its. Bid the Bidder certifies the truth and accuracy of all information contained
herein.
A.
1.
Business Information
How many years has your company been in business under its
ownership?
a. Professional Licenses/Certifications (include name and number)*
Small Business Enterprise 8a- US Small Business Administration -
General Building Contractor
General Building Contract- Miami Dade County- 660531-6
Minority Owned Business (MBE)- Broward County Public Schools- 7007-6571
Minority, Woman,&Service-Disable Veteran Business- State of Florida
Small Business Enterprise (SBE)- South Florida Water Management- 115733
(`include active certifications of small or disadvantage business & name of certifying entity)
current name and
Issuance Date
1-21-2011
7019
9-30-2012
l0 4-4-2012
3-30-2013
9-1 6i-7011
b. Date company licensed by Dept. Of Professional Regulation: 2005
c. Qualified Business License: 0 Yes ® No If Yes, Date Issued:
d. What is your primary business? Heavy Civil and Marine Construction
(This answer should be specific. For example: paving, drainage, schools, interior renovations, etc.)
e. Name of Qualifier, license number, and relationship to company:
Richard Anthony Benavides. CGCL515826. Qualifier
f. Names of previous Qualifiers during the past five (5) years including, license
numbers, relationship to company and years as qualifier for the company
Not applicable
2. Name and Licenses of any prior companies
Name of Company
Not applicable
License No. Issuance Date
3. Type of Company:
0 Corporation E "Sn Corporation0 LLC❑ Sole Proprietorship ❑Other:
(Corporations will be required to provide a copy of their corporate resolution prior to executing a contract)
92
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
4. Company Ownership
a. Identify all owners of the company
Name Title
Emmanuel Pacin
CEO
% of ownership
100%
b. Is any owner identified above an owner in another company? ❑ Yes ® No
If yes, identify the name of the owner, other company names, and % ownership
c. Identify all individuals authorized to sign for the company, indicating the level of their
authority (check applicable boxes and for "other' provide specific levels of authority)
Name.
Emmanuel Pacin
CEO
David Tuelle COO
Title Signatory Authority
All Cost No -Cost Other
❑ ❑ ❑
El El El
❑ E ❑ ❑
Explanation for Other: Bid Addendum.s , Contracts, Amendments, CO's
(Note: "All" refers to any type of document including but not limited to contracts, amendment, change
proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost" refers to CPRs, COs.
No -cost refers to RFIs, Notices, and other similar documents)
5. Employee Information
Total No. of Employees: 25 Number of Managerial/Admin. Employees: 6
Number of Trades Personnel and total number per classification:
(Apprentices must be listed separately for each classification)
General Laborers: 7
Carpenter- 1 Project Engineer-1
Crane Operator-1 Carpenter Tender- 4 Foreman-1
Marine Observer-1 Tugboat Captain- 1 Piledriver- 2
How many employees are working under H2B visas? 0
93
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
6. Has any owner or erripiciyee Of the company ever been onvcted of p federal offense or
moral tOrpitude: if yes, please explain:
No
7. Insurance & Bond Information
a. Insurance Carrier narne & address: ArirG1Ihr 8;1,1 NiAT clq Srree, Sr 600
Miami, FL 33166
b. insurance Contact Narrie, telephone, & e-mail: Tanya Lewicki- 305-639-3154
c. insurance Experience Modification Rating (EMR)-. .99
Cif no Ef,?1ratirv, please gxplainverly)
d. Number of Insurance Claims paid out in last 5 years & vafuet 0
6. Bon d Carrier name &address: Alter Surety (Troup; 5979 SW,151st Street. Suite 104
MiaMi Lelies,_FT
f, Bond Carrier Contact Name, telephone, & e-mail: Warreri Alter
954-914-8033- warrengaitersuretycom
g. Number of Bond Claims paid out in last 5 years & value: 0
8. Have any claims lavvsuits been, file against your cbmpany in the past 5 years, if yes,
identify all where your company has either settle or an adverse judgment has been
issued against your company, identify the year basis for the claim or judgment &
settlement unless the value pf the Settlement is covered by a written confidentiality
agreement
None
9. 'To •the beit of your knowledge is your company or any officers of your company
Currently under investigation by any law enforcement agency or public entity. if yes,
provide detaiis:
No
10. Has your company been eSsessed liquidated damages or defaulted on a project in the
past five (5) years? .0 Yes El No (If yes, provide anattachment that proiAdes an
explanation of the project and an expianation.
11. Has your company been cited for any OSHA violations „tri the past five (5) Years? if yes,
Please provide an attachment including all details On each Citation, No
12. Provide an attachment listing all of the equipment, with a value of S5,000 or greater,
owned by your pornpany.
0,4
Lt:cnI mprbVbrrients B-30680 Bld Nb: 12-13-017
B. Project Management & Subcontract Details
1. Project Manager for this Project:
a.
Name: Francisco Guarin
b. Years with Company: 8
OSHA30/Adult First Aid/CPR/AED/Quality Control Manager/Site Safety and Health
c. Licenses/Certifications: Officer/Competent Person
d. Last 3 projects with the company including role, scope of work, & value of project:
Sigsbee Boat Repairs- Quality Control Manager-Dewatering and Boat Ramp Repair-$84,618.00
Paint TCTS and Sound Suppression- Quality Control Manager -Design to correct noise transfer between hallways
and moms. paint Tower strurtnre 471 Z777.00
Waterways @Quiet Waters- Quality Control Manager- Clearing and Grubbing, Laser grading, concrete mats, sheet
2. Subcontractors: piling, soil anchoring system,restoration of sod/landscaping-$1,788,000,00
Name Trade % of Work License No. Certification*
Archaeological and
Historical Conservancy, Inc. Archaelogist
16225 None
William T. Fowler Arborist FL-0773AU ISA-Certified Arborist
('active certifications of small or disadvantage business & name of certifying entity)
3. Scope of actual construction work to be performed by your company and the
corresponding percentage of the work: (This does not include such items as insurancebonds, dumpsters,
trailers, and other similar non -construction work items)
All work except tree trimming and archeologist look on work will be completed by
Pac Comm, Inc.
C. Current and Prior Experience:
1. Current Experience including projects currently under construction, recently awarded, or
pending award (Provide an attachment to this questionnaire that lists all such projects,
including the owner's name, title and value of project, scope of work, projected or actual
start date, projected completion date, and number of company trades personnel
assigned to the project)
2. Prior Projects of a similar size, scope and complexity: Provide an attachment to this
Questionnaire that includes Completed Projects the Proposer considers of a similar,
size, scope and complexity that the City should consider in determining the Bidders
responsiveness and responsibility. This attachment must include the project that meets
the minimum number of projects identified by the bid solicitation. Information provided
must include the owner's name , address and contract person, including telephone & e-
mail, title of project, location of project, scope, initial value and final cost of the project,
projected and final timeframes for completion in calendar days and the number of
company trades personnel, by classification, thatwere assigned to the project.
95
.. ............. .....
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
The delivery method, including, but not limited to; design -build, CM@Risk, Design -Bid -
Build, etc. is to be identified for each Project. If there is a difference between the initial
and final cost or initial and actual timeframe provide details on why the differences exist.
A reference letter is to be completed by the owner of the Project and submitted as part of
the Bid submission.
D. Bidder's References
Bidders are to include a minimum of three (3) references from completed projects listed
in C.2 above. The attached reference letter form MUST be used and included with the
Bid submission.
96
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
Equipment List
Equipment List
Year / Make
Model
Description
Serial Number
Value
Atlachments
2007 Wacker
RD25
421n Double Drum Roller
Unit # 50906-01 PFL
$11,218.00
2006 Bobcat
T300
Skid Loader
SN# 532011617
$16,748.00
Bucket
2003 John Deere
410G
Yellow Backhoe
SN# T0410GX921120
$35,000.00
2006 Long Reach
324DL
324DL Hydraulic Excavator
S/N JJG00574
$112,400.00
Linkage B
2007 Sweeper
8HC Towable
Sweeper
SN# 32432
$8,268.00
Towable
2007 Volvo
BL60
8160 Backhoe
Unit# 58304-20FL
$25,440.00
2006 Wacker
50 KW TRAILER MOUNTED
Diesel Generator
SN# 5613395
$6,890.00
Trl Mod. MGT2E Vin/5608420
2006ingrasoll Rand
P185WJD
Alr Compressor/On trailer
S/N 3661666AQ634
$8,268.00
rl Mod-W85EB sn
4TCSU18545H85717
2012 Stanley GT Hydraulic
GT18 Hydraulic Power
GT18 Hydraulic Power
$10,716.00
Fema Gulf Trailer
Trailer
Trailer
INLIGTR2261053348
$6,300.00
2005 Terex Benford
6003PTFA
Front Dumper
Vin/SLBD1NO0E507ET279
$10,000.00
Wacker
LTN6L - 6KW
6KW Trailer Mounted Generator
20005932
$5,000.00
Lincoln
SAE400
Trailer Mounted Generator
C 1051000081
$5,000.00
Michigan
L-190
$35,000.00
Hendrix
(2) SP (114R) and (1) SP112
1 1/4 TS Hendrix Buckets
2012 Progressive
Super Triumph
Push Boat
D01243532
$224.804.36
350 GAL Stern Fuel sank / 2 Deck
Winches / Upper Control Station
2003 Inland
25' Push Boat
COMMERCIAL INLAND PUSH BOAT
CD4045T739068
$35,000.00
PACDI
Work Barge
18' x 10'
B105-101
$5,000.00
American 9270
American
Crawler Crane
GS16390
$300,000.00
Long Term Lease with Option
Barge
Mobro "
120 x 48 x 7
Mobro 203
$450,000.00
20 x 53 'spud w/ collar 120'x58'
spud wilh collar 2 spud pins, 7
spud pins 7 30' x 4' x 1' mars, 10
12' x 5' x l' mars, 4 8' x I- anchor
chains
Inland Barges
IBW213A
60x12x4
IBW213A
$65,000.00
Inland Barges
IBW2136
60x12x4
IBW213B
$65,000.00
2006 Chevy
3500
White - 3500 Flat Bed
KJ28X / 202386
$2n,000.00
90 Gal Fuel lank /Dispenser /
Tool Box
2004'Chevy
3500
White - MOT Truck
092TBS / 185782
$7,000.00
VMS Sign / Fuel Tank / Dispenser
/ Tool Box
2012 Dodge Ram
4500
White 4-Door
BRRL67/ 141396
$41,499.86
-250 Welder / Compressor / Tool
Box / GARP Mods
2012 Chevrolet
Silverado 1500
White 4-Door
BDXG23 / 113680
$37,225.80
N/A
2011 Chevrolet
Silverado 1500
While 2-Door
BEPB30 / 269522
$24.379.40
Hitch / lo`6I Box/ YO Gal Fuel lank
/ Dispenser
2012 Dodge Rom
1500
While 2-Door
BHTE86 / 136519
$20,000.00
2012 Dodge Ram
15C0
White 2-Door Lonq Bed
8RF1703 /278087
$21,700.00
NEW BED LINER
2006 Suzuki
Grand Vltara
While 4-Door
BCUK46 / 100582
$10,000.00
2013 GMC
Sierra
White 4-Door
PAC002 / 167648
$41,703.32
Current Experience/Project List
Current Projects
Pac Comm Inc.
1' !:',',5,", "":";',.-'.!7.'; "'J.:, : '. rAr ' .k'!:;;,-..•;...',,;,1,)
Name- , ' '3J1:
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talti) i ',',..,
'afriille I li..bate
a'gkifftee N
Naval Facilities EnginnerIng Command
liATFS Antennas Site Work
$ 298,986.00
Installation ol Spiracone Antenna Bases within a Wetland
area, Excavation and dewatering for duct banks, Installation
of 1.5 miles of communication and electrical lines, Installation
and placement of cable trays throughout high security and
high clearance areas
5/1/2033
..1.
Quality Control
Manager,
Mechanic,
Carpenter, General
Laborer, Operator,
Supervisor,
Department of Army Corp of Engineers
Channel Widening and Retaining Wall (Wares Creek)
$ 9,742,387.00
Channel Widening and Retaining Wall- Sheet Pile
3/9/2013
•
Project Engineer,
Project
Manager,Quality
Control Manager,
General Laborer
Department of Army Corp of Engineers
South Chamber Guidewall Repairs Canaveral Lock and Barge Canal Harbor
$ 2,424,972.24
Guidewall Repair, Furnishing of new fiberglass/concrete
composite marine filings, Fender and Hardware installation,
Environmental awareness while maintaining productivity,
dismantling of creosote pile structure, Installation of lancaster
pile system, Maintaining productivity while minimizing Impact
to local barge and vessel traffic, Assembly of an IITP plastic
reinforced lumber manfactured by Bedford Technologies
11/26/2012
Supervisor,
General Laborer,
Operator
Trackhoe, Project
Engineer,
Foreman, Tug Boat
Captain,
Carpenter, Welder,
Piledriver, Crane
Operator, Marine
Observer,
Foreman,
Past Experience/Project List
Pac Comm, Inc.
Past Projects
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esslgnei
Naval Facilltie3
Enginnering
Command
Building A-629, PO Box
9018, Key West, Florida .
33040-9018
Melvin Heriehy-
1-305.797-1648
•
Melvin.herlehy@navy.ntll
Short Term Repairs to slgsbee
Marina Boat Rams
P
$ 84,618.00
-
$ 84,618.00
..
Concrete/subbase repairs to a
boat ramp system using a
hydro -dam dewatering system
in order to achieve an
accelerated completion date.'
a'? ;:,.t
165 days ."
-
64 days
tb s�lei»
Quality Control
Manager,
Mechanic,
Carpenter, •
P
Laborer/General,
Operator,
Naval Facilities
Enginnering.
Command
Building A•629, P0'Box
9018, Key West, Florida
33040-9018
Melvin Herieliy
1-305-797-1648 .
Meivin.herlehv@navy.mll
Elevator Ventilation Shaft
Correction
$ 60,089.00
-
-
$ 60,089.00
Correction of elevator vents
and duct system
-
45 days
44 da s
y
Quality Control
Manager,
Supervisor,
Carpenter, Sheet
Metal Worker,
Laborer: General,
Cement
Mason/Concrete
Finisher
-
Naval Facilities ' •
Enginnering
•
-
Building A-629, PO Box .
9018, Key West, Florida
33040-9018
-
Melvin Herlehy
-
-
1.305.797-1648
-
Meivin.herleh y@navy,mil
Soundproofing and Paint
Comms Tower Bldg at Bldg A-"
4082
$ . 217,277.00
- -
$ 217,277.00
-
Application of protective
coating to 98' galvanized • • .
Antenna Tower,
Soundproofing
communication and
debriefing rooms using an
advanced technology sound '
suppression system.
..
� "'
- 380 days
- -
107 days
Quality Control
Manager,
Supervisor,
Laborer/General,
Laborer General,
Carpentry,
Mechanic,
Operator, Tower
Painter,
_ -
US Coast Guard-
CEU Miami • :'
"
15608 SW ll7th Avenue,
Miami,'FL 331774630 • . •
-
':
Lesia K Moyer
-
-
305-278-6725 -
Lesla.K.Moyer@Uscg.mil"
Dredging Boat Basin Section •'
:
Jacksonville, Mayport Florida
-
$ . "142,019,66.
$ 142,019.66
-
-
Dredge and Dispose of .
Material from Boat Basin,
Dredging of the USCG
Mayport Basin to a maximum
depth of 8 1'; Turbidity
Monitoring and Barrier -
placements, Comprehensive
Surveying throughout:
duration of -project, Dredging
and disposal during " -
operations of the USCG •.
Mayport facility, without • '
disrupting surrounding daily"
operations -
- 60 days
-
-
'
60 days
.
Deckhand,
Operator-
Trackhoe,
Superhoe
-
Pac Comm, Inc.
Past Projects
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bs81F'�..;;�3 +�ti=assl�neditosil`ecp:;�
285 days
-
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..
Foreman, Laborer -
General, Flagger,
Excavator
Operator,
Pipelayer, Asphalt
Shoveler, Asphalt
Raker, Supervisor
Florida Highway- .
Administration y
"
"
..
Eastern
Eastern Federal Highway
Administration Loudon -
Tech Center,21400
Ridgetop Circle, Room 200,
Sterling, VA 20166-6511
Don McIntosh' .
-
1-606-348-4488 '
-
- -
Donald.Mcintoshl0tdot.pov
Everglades National Park Main
Park Road and Parking Area
Rehabilitation
$ 7,334,252.00
-
-
$ 7,334,252.00
25 miles of reconstruction and
repaving in the Everglades
National Park, Pile driving
within environmentally "
sensitive area, Asphalt Milling
and repaving, Roadway
stabilization, Roadway
Shoulder reconstruction,
Reconstruction and
replacement, Striping/Raised
Pavement Marking/Road
Signage, Installation of 9,000
LF of ASB 8" concrete mats, '
installation of rip rap,
Demoltlon of existing piles .
and piers, Installation of
concrete support piles,
Installation on predrilling of
pile holes as per DOT specs,
Forming and pouring of
concrete pile caps.
rfran a-
'.
-.
285 days.
-
- .-
>outh Florida •
tesource
:onservation and• .Homeowners
)evelopment
.ouncil
-
Waterways at 11ulet Waters
Association
1600 Waterways Blvd
Deerfield Beach, FL 33442
-
-
-
Wes Scott . "
:
954-480-7176
WesScott Dsfrcd.or K
Waterways Shoreline
Stabilization -
-
$ 1,702,223.62
'
$ " 1,702,223.62
_
Clearing and grubbing of
existing shoreline, Laser
grading of shoeline slopes,
installation of9,000IfofASB'
concrete mats, subaqueous
Installation of Fabritorm
concrete mat
' -
system,lnstallation of 1,900 LF
of aluminum sheet pile and
Installation of Manta Ray soil
anchoring system, Installation
of Articulation Block,5ystem
along 2 miles of shoreline,
Restoration of sod and
landscaping along shoreline
-
215 days"
..
214 days .
Carpenter,
Piledriver,
Supervisor,
General Labor
-
Pac Comm, Inc.
Past Protects
/ a45 ,E r'r fiJ..I:
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ir3a.
Dewatering In •
environmentallysensltive •.• •
area, Repairing and stabilizing
rx G:k�iary �i,.xi+r<�i'
Florida Department
of Environmental '
0 Thomasville Road, '
354yTallahassee,
Michael Foster :
_
•-
1-850-088-8372'�
Michael.Foster@dep.state.R.us
- -
990'ofjetty system,forming
and pouring concrete cap over
;.
Protection : • •
FL 32309-3413
'.
-
John U Lloyd Beach State Park
$ 520,050.00
$ ` •- 520,050.00
jetty, sealing of jetty sand
seepage through Jetty Portion
60 days- .
..
:. - ..
along the beach, dewatering
along southern portion of jetty
In order to seal sand seepage,
placement of granite boulders,
-
- -
-
_
-
Pile driving, Demolition of
Department of;
40001 State Road 9336 •
_
-
-
.,
existing piles and piers,
Interior -Park ;.
-
Homestead, FL 33034/549
•-
Mike Savage/Kyle Grindle
305-242-7776
Ft -Jefferson Dock and Pier '
-
Installation of concrete
Service Jay
Cashman Inc : :
South Street, Quincy, MA ;
02169
617-890-0600
Mike_Savage@nps.gov or Kgrindl
Replacement- Dry Tortugas
$ 512,00D-00
$ - _ • 512,000.00
l
support pies- Installation of
predrill of pile holes as per . ".
60 days
Y s
- -
DOT specs. Forming and .
pouring of concrete pile caps.
60 days
Carpenter,
Piledriver,
Supervisor,
General Labor,
Steel Workers,
Divers
60 days
Piledrivers, Crane
Operators, Boat
Captains,
Supervisor,
General laborers
Pac Comm, Inc.
Past Projects
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Interior Park '.:
Service• Jay -:;.;.
Cashman Inc .'':
,...
Everglades'NationalPark
950 N; Krome Avenue, 3rd
Floor, 031,'Homestead FL
33030:549 South Street;: -
-
quinsy:: MA 02169
.. .,'
,
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:' ::
Dewitt Smith/Chris.5heec
-_ ''' - '
`.:
.
-;. _;<
305-224-4218 .:
0• 7-890 0600
`:
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DeWitt 5mdh(9nps•gov/csheed t
y
.,,Sand
es a
Canal
Eueltned,
EastCape Dams:
ae'-
-
$ 6;119,056.00
$ .-6,119,056.00
..ofn
-
.
Clearing and grubbing, 490IF,
of steel sheeting,,twosteol.
bulkheads were placed across
the canal 300 feet apart. 2200
cubic.yards a limestone
fdl was"'pia
bcSand Was placed
yvla a 2 tulle long
pipeline due to remeteness of
property; 2000 tons ;
stone was placed around the •:
the
adjacent land areas and along
the steal sheeting of each '
dam. Silt fentinp, was installed
to protect the waterway and
act as a barrier to the native
species.
-
. 160 days
'
#�
_
151 days .•
•
�
nssl erJifO Site
. :
General
Laborrers,r, G
Supervisor, en
Concrete Workers
..
.. ..
Farnil Dollar
y
. ..
105660 Overs• eas High • way,
Key Largo, FL'-,
"
Adam Castallenos'
305-754-6870
Acastellanos@fafnilydollar:cbm
Family Dollar
•Mechanical
$ 220,000.00
$ 220,000.00.30
Tenant Build out including
Electrical and
plum.
tubing. All work completed
within 30 days.
days.
.,.
.:3D days;
Carpenter, General
Laborers,
Supervisor,
Concrete Workers •
_
Subcontractor Information
6591 SW 451h St
Davie, FL 33314
TOWN OF DAVIE
BUSINESS TAX RECEIPT
First -Class Mail
PRSRT
U S Postage Paid
PDS
Name and Location of Business Tax Receipt
ARCHAEOLOGICAL & HISTORICAL CONSERVANCY
4800 DAVIE RD
DAVIE FL 33314
Type: Office-E
Effective Date: 10/1/2012
License # : 16225
Phone;: 9543706702
Expiration Date: 9/30/2013
License Description: Office-E
007C012 04/2:111
DEPARTMENT
OF REVENUE
Consumer's Certificate of Exemption]
Issued Pursuant to Chapter 212, Florida Statutes
Di-; 4
R. 0 1
85-8012585450C-7
02/28/201.1
02/29/2016
,501(C)(aj.6 GAtVIZAjION
Certificate Nurnber
This certifies that
Effective Date
ARCHAEOLOGICAL AND HISTORICAL
CONSERVANCY INC
4800 SW 54TH AVE STE 107
DAVIE FL 33314-4438
(Rev. PAarth2D02)
Expiration Date
.' ';ems-: ,•�:: •.�
:1fj_
. -r4,
•
�-�`.,5 ,tom},-•
Ctr
Identification Number and Certification
requester. Do not
send to the IRS.
0
a
m
0.
Name (See Specific Instructions on page 2.)
Archaeological and Historical Conservancy. Inc.
Business neme.If orrferent from above. (See Specific Instructions on page 2.)
❑ Individual/Sole Proprietor Q Corporation ❑ Partnership ❑ Other I►
Check appropriate box:
❑ LLC fling as Sole Proprietor ❑ LLC filing as Corporation ❑ LLC filing as Partnership
Address (number, elm!, and apt or sidle no.)
4800 SW 64th Avenue Suite 107
City, state, and 2IP code
Davie FL 33314-4438
rfan Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. For
Individuals, this Is your social security number
(SSN). However, for a resident alien, sole
proprietor, or disregarded entity, see the Part1
Instructions on page 2. For other entities. It is your
employer identification number (EIN). If you do not
have a number, see How to gat a TIN on page 2.
Note: (f the account Is In more than one name, see
the chart on page 2 for gvtdetines on whose number
Social ascurty number
11111111
Or
Employer IdsntltiuNon number
519�119181719.1918
Requestor's name and address (optlonai)
Ust aocuni numbers) here (aptlonat)
For U.S. Payees Exempt From
Backup Withholding (See the
instructions on page 2.) •
Archaeological anal Historical Conservancy„
4800 SAY 64th Ave, Suite 107 Davie, FL 33314
Phone: 954-792-9776 Fax 954-792-9954
Binail: archlgel@bellSouth.net Web: wWw.flarchaeology.corn
May 2; 2013
Christine Lanfair
Pac COMM, Inc.
4226 SW 70th Court
Miami, FL 33155
Re: Rockerman Canal :linpro 'ezrents Archaeological Services
Dear Ms: Lan.fair;
This proposal isprovided for archaeological services for ground -disturbing activities at the
Rockerman Canal Improvements corridor to fulfill requirements of the City of Miami Historic
Preservation Ordinance (Chapter 23), based on the parcel's location within the Coconut Grove
Archaeological Conservation Area. Required as part of the permitting process vv ill be a
completed Certificate to Dig application and a Letter of Agreement.
Below isa list of required tasks with our corresponding fees:
I. Coordination for Ccrtifieate to Dig Application
We will provide a. Letter of .Agreement that includes an archaeological
raat agenient plan for the required archaeological services. You will need to
present it with a copy ofthe site plan and photographs of existing conditions, all of
which are required as part of the Certificate to Dig application...
A monitor will be provided during ground -disturbing activities on an as -needed.
basis: One monitor is anticipated. Any uncovered cultural materials will be
analyze and catalogued.
ILL . Report
Upon completion of archaeological inonitorhig a report will be submittedto the
City of lvliarni. Tilereport will include a description of methodology, results,
maps, and figures:
WILLIAM `I' FO LER
)fiiS Ve. 3:24 AVOJIIM ($c y
atm
Ct41 Pkin
33177
To Whom It May Con oe n,
#FL-1773AU
May 02, 2013
I, tiNiYltern T Fowler, owner andpresident of'°Frestigious Tree Care; lric.7
have submitted a bid to Pac Come , InC. for the following protect+
ROCKERHAIvl CANAL IMPROVEMENTS- CIP PROJECT NO.: B-30680
As part of the bid it is stated that "Ail worm is to be preformed by and/or.
supervised by an ISA Certified Arbrrist That Certified Arborist Is Myself.
My Certification has just been renewed and I hove not received the Official
stamped Certificate as of this date. II have included a Copy of ray statues
from the. L 5 A. web site wti ich can also be checked online by going to
ht[p'l �vv.rvJSa-arhorcorn and click ors "Find a tree care service" then click
on VISA Certification Credential Search" end put in FL-0773AU.
I have preformed, numerous °Mangrove Trimming Operations" Which have included, but not limited to. ''Royal Harbor Yacht Club" and xParadise Point"
along with other Commercial and residential properties. So I dare to say that
I am very familiar with the rules and regulations put forth by DERM and the
trimming and removal standards by which rnust be followed.
Ifycu have any other Questions or concerns please feei tree to contact
the above stated phone or E-P, ail address.
e at
International Society of Arboriculture
j4Jnternationa1Society f. 40 culture .t„t4US ON11 aZ
ats tSri�P a ra zk m.i�a ,•.00iRgnE.#z9at
;!°9err rq...±. ;i IvC penx,611:1 s i F is f ,t€: • e �i t`,r:w .n ltg
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5/3I2013
References
City ef. Miami
Johnny Martinez, RE,
City Manager
,To Whom it May Concern
Subject: Reference Letter
Name of Bidder:
The above referenced contractor is submitting on a bid solicitation that has been issued by the
City of Miami_ UVe require that the Bidder provide written references with -their Bid submission
and by providing you with this document the Contractor is requesting that you provide the
following reference information.. We wouldappreciate you providing the Information requested
beiov, as well as any other information yoi r feei is pertinent,
Name of Project: 1 /t4-6_ g Pirefee,thl-ms. & .(i--1 re$5f
4 n• tr m- 4t5` (E!.' Fit- / z Y69)
Scope of work: �`..-��tr STertC• r ' �rr_� � :�f .ci_tr�e�12.Eiltiff1'I01091
ilatue of project: $ G{' 7 45i/j it4 Date completed: /�%,��jn oJt /�?r ccil 069
Was proje tcompleted on time within budget: Yes No
if no, was the contractor at fault or contribute to the delay(s) or increased cost? 0 Yes 0 No
If yes, please provide details
r/19
Comments:
/1sr1.ni. At /" (P ilheY (CMTR4iel .) A
A,,Ov, 4>i)r r91QD eRiga3E. �. i Rey IrU'L. ev .Or.
Thank you for your assistance in helping us in.evaivatirg our bid solicitation.
Name of individu mpleting thi form: ts...- 97"+; 6 JtT Date:
Signature: f Title: 9NO‘' -7
Telephone: 3~' J E-mail: t L , i 1i
Sincerely,
Jeovaiiry Rodriguez,
Assistant Director
rtookerman panal li pioVernents B-3O 8Q Bid No: 12-13-U'17
Johnny Martinez, P.E.,
City Manager
To 'Mom- it Concern
Subject Reference Letter
Name of Bidder:
The above referenced contactor is submitting on a bid solicitation that has been issued by the
City of Miarni. We require that the Bidder provide written references NOM their Bid submission
and by providing you with this document the Contractor Is requesting that you provide the
following reference information. We would appreciate you providing the Infonration requested
below as welt as any Other information your feel is perttlent
Name of Project -142 C: C1-1c->";'1 rt% (4-411
Scope Of work: . coo 1,1
Vakie of prOlept $ . 1 Date cOmpleted:
WAS prOject.Complated on time & within budget Er- Yes CI No
If rto, Was the Contractor* fautt or contribute to the.delay(s) or Increased cost? 0- Yea 0 No
ff ye, please:prOvkle details:
CoMitients:.
1
C.
CTLA uk..1 C.1
a VI
'LP
Titer* you for your . nbeIii,g us in -evakzeting cur bid sokitation.
Date: -3
Name of individual completing th4) °1113is fOrm:
Title: 5 4-, v.
A.r -
SC 311,1i q (6) of)
Signature:
Telephone: 9 54-- 4 E-0
Shcerely,
Jegvanny Rodriguez, RE,
Assistant Director
E-rnalt:
98
City of Miami
Johnny Martinez, P.E.,
City Manager
To Whom it May Concem
Subject: Reference Letter
Name of Bidder:
The above referenced contractor is submitting on a bid solicitation that has been issued by the
City of Miami. We require that the Bidder provide written references with their Bid submission
and by providing you with this document the Contractor is requesting that you provide the
following reference information. We would appreciate you providing the information requested
below as well as any other information your feel is pertinent:
Name of Project: �✓ )'e 9 C_ Boo 1 -S ) r)
.� 4 D rsp s€. ®�C Afpcx 759 e* o
Scope of work: � �r Value of project: $ / I-0) 0 ) 9r 66 Date comp) ted: Nov e beR- At?) �O r a_
Was project completed on time & within budget: Yes El No
P
If no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No
If yes, please provide details:
Comments:
h ' � , c.'�a2 W ic�o � C-�� Jr)-,,ti rg-70,10
15��r1 r
C €,rr�- -)' -e - --- }-h �.? J. S r ex) -S�- �;�. �)
� o � r
;.-) 6- 9r_A- C.3' -k�o:',�//� clogs �io-
Thank you for your assistance in helping us in evaluating our bid solicitation.
Name of individual completing tt
Signature:
Telephone:
Sincerely,
Jeovanny Rodriguez, P.E.,
Assistant Director
is form: R t)SS C. 11 4 t Date:
98
` •
Title: Ors/ &'t f`c,?'�' 1d'�`' RA
E-mail: Y^'t.JsSe../!,.'•t,ostoe.,jSCG1'
Rockerman Canal Improvements B-30680
Bid No: 12-13-017
Subcontractor Utilization Form
Protect N. B-'so
CITY OF MIAMI
CAPITAL IMPROVEMENTS PROGRAM
SUBCONTRACTOR UTILIZATION
Protect Title; Rocker iiari Cannliriera+ements
This Form must be submitted With a Bieders Sid submission. Failjre ter submit this Exhibit with the Bid will re&ift in the bid being rejected
es non -responsive. The City in its sole discretion allow the Bidder to submit the Exhibit after Bids are due.
Provide the following infcirmatian for each subcontractor regardless of tier.*
Sheet No, i_ of
Attach additional sheets it necessary.
Name of Business
Portion of
Work
Dollar
Amount
Percent
Add ress/CityJSteteiZi p
License Information"
Type
Number
Business Certification"*"
SBE CSEE DBE
Pae Cunm, ire.
Pravialoas Tree Care
A rst
S3� 9,000.00
SE3.co0-00
9214
424 VYAIM CClf.,?s1ai,FLFa?:5
21P3 UN 124 Ave .ACe:, r;l3 "r. FL.73+.71
General Contractor
ISA
CGC15lea
FL-0779AUJ
CI
Q
0
.tt .:qtralit
Atae*icgical .Ser
$5,oc0.00
15c
I=itY.4err".,1a"s ir, Gran, FL V314
Office-E.
16225
1
0
0
0
0
CD
❑
0
` AI tiers must be shovm, including multiple s.ub-tiers, if permitted by the Contract Documents.
"List only those relevant to this Protect. •
`*" Must he certified by either Miami -Dade County. State of Florida, or the Federal Government
Form
Pac Comm, Inc. Licenses/Certifications
STATE OF FLORIDA
DEPART14ENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH yfONROE STREET
TALLAHASSEE FL .32399-0783
BE tAVIDES, RICHARD ANTHONY
PAC CON14 INC
4226 S" 70TH CT
MIANI FL : 33155
Corigratulationsl With this license ycu become one, of the nearly one million
Floridians licensed by the Department Of Business and Professional Reculation.
Our professionals end businesses range from architects yacht brokers, from
boxers to barbeque restaurants, and they keep F€arida`s economy strong.
Every +day we work to improve the way we do business i1.order to serve you bette
For information about our services, please log onto www.myfloridaticense:com..
There you can find more information about our divisions and the regulations that
impact you, subscribe to department riewslstfers and learn more about the
Department's initiatives,
Our mission et the Department is: License Efficiently, Regulate Fairly. We
constantly stripe to serve you better so that you uan serve your customers..
Thank you for doing business in Florida, and congratulations on your new license
ACC B1. STITE CF FLORIDA
DEPARTMENT OF- BUSINESS' AND PROF] SSIoL;AD REGULATION
CONSTRUCTION TNDt3STRY LICr t zNG BOARD
S 13 3.
'`Q I,126505�
{850) 487-1395
LICENSE NBR:
The GENERAL CONTRACTOR
Named below IS CERTIFIED
Under: the -provisions of Chapter.
b,;Pjrat oz.date; AIJG 31, 2014
RICK ,SCOTT,
GOVERNOR
FL 33155
DISPLAY AS REGnUiRED Y LA\V
KEN LAWSON
SECRETARY
14i'S=1541.s`- . T 4"" B e e C7 i4
633824-8
SUI ESSCI�p,ME / LpCLGATION
F 4226 SW 777 NN0CT
33155 UNIN .DADE COUNTY
PAC COMM INC
Se19Y�egENERAL BUILDING CONTRACTOR
THIS IS ONLY A LOCAL
BUSINESS TAX RECEIPT. IT
DOES NOT PERMIT THE
1 HOLDER TO VIOLATE ANY
EXISTING REGULATORY OR
ZONING LAWS OF THE
COUNTY OR CITIES. NOR
DOES IT EXEMPT THE
HOLDER FROM ANY OTHER
PERMIT OR LICENSE
REQUIRED BY LAW. THIS 15
NOT A CERTIFICATION OF
_ THE HOLDER'S QUALIFICA-
1 MONS.
i.(
it PAYMENT RECEIVED
MIAMI•DADE COUNTY TAX
COLLECTOR:
08/17/2012
09010048001
000075.00
SEE OTHER SIDE
THIS IS NOT A BILL - DO NOT PAY
RENEWAL
RECEIPT • 660531-6
STATE# CGC1515826
FIRST-CLASS
r y U.S. POSTAGE
PAID
MIAMI, FL
PERMIT NO. 23S
WORKER/S
6
DO NOT FORWARD
PAC COMM INC
EMMANUEL PACIN PRES
4226 SW 70 CT
MIAMI FL 33155
Fit1�i11��1i131�Itt1131fti1�11�111i1�i�itii�ilI 11,11 i111F11111
0
State of Florida
inori Women
Service4)iabIe4. t'f V&eran
Business Certification
PAC COMM INC
Is certified under the provisions of
287 and 295.187, Florida Statutes for a period from:
04/04/2012 to 04/04/2014
John P Miles, Secretary
Florida Department of Management Services
Office of Supplier Diversity
Office of Supplier Diversity « 4050 Esplanade Way, Suite 380 a Tallahassee, FL 32399-0950 850.487.0915 m www.osd.drns.state.fl.us
U.S. Small Business Administration
Your Small Business Resource
March 18, 2013
U.S. SMALL BUSINESS ADMINISTRATION
South Florida District Office
100 South Biscayne
Boulevard, 7TH Floor
Miami, Florida 33131-2011
Mr. Emmanuel Pacin, President
PAC Comm, Inc.
4226 S.W. 7th Court
Miami, FL 33155
Dear Mr. Pacin:
Francisco A. Marrero
District Director
Gilbert Colon
Deputy District Director
The SOUTH FLORIDA DISTRICT OFFICE of the U.S. Small Business Administration (SBA) has
completed its review of your 8(a) Annual Update (SBA Form 1450) and supporting documentation for
program year February 1, 2012 to January 31, 2013. It is our determination that your firm continues to
meet the criteria for 8(a) status.
Your actual 8(a) Program year began on January 21, 2013, but we have rounded it off to the beginning of
the nearest month (February 1, 2013) to facilitate your record keeping.
Most contracts that are awarded under the 8(a) Program are usually a result of the self -marketing efforts of
the 8(a) firm. SBA will do its best to assist you in your efforts to obtain contracting opportunities.
You are encouraged to utilize all of the SBA's business counseling resources available to you including
the Service Corps of Retired Executives (SCORE), the Business Infoiniation Center (BIC), and the Small
Business Development Centers (SBDCs). Please feel free to contact Eve Horner, Business Development
Specialist at 305-536-5521, ext. 139 to discuss these services or your firm's developmental requirements.
We wish you continued success in the growth and development of your business.
Sincerely,
Sue geneez
Eve Horner
Business Development Specialist
8(a) Business Development
7007-6571 10
Certification Number
Marcy Houser, M/WBE Specialist
0.51WiY1C ll31U9f11 \lti\0 i 11( 11
_q 1�
,•,.til
BROWARD COUNTY PUBLIC SCHOOLS
SUPPLIER DIVERSITY & OUTREACH PROGRAM
A DIVISION OF
SUPPLY MANAGEMENT & LOGISTICS DEPARTMENT
This Certifies
Pac Comm, Inc.
Has met the requirements for certification established by Broward County Public Schools
Supplier Diversity & Outreach Program as a (an)
Hispanic -American
3/30/2013
Effective Date
3/29/2016
Expiration Date
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
REGISTERED VENDOR NO. 115733
September 16, 2011
Mr. Emmanuel Pacin, CEO
PAC Comm, Inc.
4226 SW 70th Court
Miami, FL 33155
Dear Mr. Pacin:
The South Florida Water Management District (District) has certified your firm as a Small Business
Enterprise (SBE). This certification is valid for three (3) years and may only be applied when business
is conducted in the following area(s):
General Contracting Services
Your submittal of bids or proposals to supply other products or services outside of this specialty(s) will not
count toward SBE participation. If you require certification in other areas of specialty, please contact the
Procurement Department, SBE Section, for additional information.
Renewal is required every three (3) years and should be requested within 45 days prior to the above
expiration date.
If any changes occur within your company during the certification period (such as ownership, affiliate
company status, address, telephone number, licensing status, gross revenue, or any information that
relates to your SBE Certification status), you must notify this office in writing immediately. It is
imperative that we maintain current information on your company at all times. FAILURE TO REPORT
CHANGES MAY RESULT IN DECERTIFICATION.
Certification is not a guarantee that your firm will receive work, nor an assurance that your firm will
remain in the District's solicitation database. Upon requesting or downloading a bid or proposal
package your firm must respond by submitting a bid or proposal or submit a Statement of No
Response form. This is very important, for failure to respond to three (3) solicitations will result in your
company being removed from the District's solicitation database.
Sincerely,
abz5
Colleen M. Robbs
Sr. Compliance Specialist
Procurement Bureau
CR/jcs
3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686-8800 • FL WATS 1-800-432-2045
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 • www.sfwmd.gov