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HomeMy WebLinkAboutExhibit 100600 CONTRACT By and Between CITY OF MIAMI And Metro Equipment Services, Inc_ — (Bidder) This AGREEMENT (hereinafter 'Agreement") , is made and entered into this _day of 201 , but effective beginning ten (10). days after Notice to Proceed _is issued by the Department's Director, in accordance with the Contract Termset forth below in Article 7 (the "Effective Date"), by and between the City of Miami, Florida, a municipal corporation of the State of Florida, whose principal address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 (the "City), and Metro Equipment Services, Inc, whose principal address is 9415 SW 72 Street, #131 , (the "Contractor"). Miami, FL 33173 W ITNESSETH: WHEREAS, pursuant to Resolution No. , adopted by the Miami City Commission on , 2012, the City Commission accepted the competitive bid of to provide pump and motor removal and installation to the City (the "Work'), and authorized the City Manager to enter into an agreement for the Work with the Contractor for a period of six (6) months. The City Commission further authorized the City Manager or his Designee to execute said options to renew subject to the availability of funding and Contractor's performance. NOW, THEREFORE, in consideration of the foregoing recitals (all of which are adopted as. an integral part of this. Agreement),and the promises and covenants contained herein, and other good and valuable consideration, the receipt of which are hereby acknowledged, the parties hereto mutually agree as follows: ARTICLE 1. SCOPE OF WORK: The Contractor shall furnish all labor, materials and equipment and perform all the work in the manner and form provided by this Agreement and the Contract Documents, attached hereto and made part hereof, for complete pump and motor removal and installation, for the Contract Term set forth in Article 7 below and for the project entitled: 0 0 0 MECHANICAL ENGINEERING SERVICES FOR LAWRENCE AND RIVERVIEW STORMWATER PUMP STATIONS, M-0079 (Second Bidding) Bid No: 12-13-054 (2-.--j7. 1 ( 7t% Page 39 ARTICLE 2. THE CONTRACT SUM: The City shall pay to the Contractor, for the faithful performance of the Contract, in lawful money of the United States, and subject to additions and deductions and based on unit prices (where applicable), all as provided in the Proposal attached hereto and other Contract Documents attached hereto as Exhibit "C', the annual sum of one million four hundred twenty-six tbpusand three hundred twenty four dollars ($1,426,324.00) ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with the provisions fully set forth In the "General Conditions" of the "Specifications" in the Proposal attached hereto, and subject to additions and deductions as provided, the City shall pay the Contractor as follows: (a) On or before the 10th day of each calendar month, the City shall make partial payments to the Contractor on the basis of the estimate of work performed by the Contractor during the preceding calendar month, duly certified and approved by the City's Project Manager, less 1 O% Retainage.for._new parts. only. _ _ (b) Upon submission by the Contractor of evidence satisfactory to the City that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Specifications or by the Contractor have been fumished and are found acceptable by the City, final payment on account of this Agreement shall be made within sixty (60) days after completion by the Contractor of all work covered by this Agreement and acceptance of such work by the City. ARTICLE 4. TIME OF COMPLETION: The Contractor shall commence the work to be performed under. this Agreement and the Contract Documents within the number of consecutive days after the date of written notice from the Director of the Department of Public Works to begin work as noted in the Proposal, and shall fully complete the Contract Scope of Work in accordance with this Agreement and the Contract Documents within the number of calendar days as set forth in the Proposal. It is mutually agreed between the parties hereto, that time is of the essence of this Agreement, and, in the event that construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the City may retain for each day thereafter, Sundays and holidays included, that the work remains uncompleted, the sum set forth in the General Conditions of the Specifications, as modified by Division 2 - Special Provisions, which sum represents the actual damage(s) which the City of Miami, Florida, will have sustained per day by failure of the Contractor to complete the work within the time stipulated, and this sum is not a penalty; Ufwill be the liquidated damage(s) that City will have sustained in event of such default by the Contractor. BId No, 12-13-054 Page 40 ARTICLE 5. ADDITIONAL BOND: It is further mutually agreed between the parties hereto, that if, at any time after the execution of this Agreement and the Performance Bond hereto attached and incorporated herein as Attachment "A", when required for its faithful performance, the City shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, in the opinion of the Engineer; such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within five (5) days after receipt of notice from the Engineer so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City. ARTICLE 6. CONTRACT DOCUMENTS: All of the documents hereinafter listed form the Contract and they are as fully as part of the Contract as if attached to this Agreement, or repeated in this Agreement: ADVERTISEMENT FOR BIDS PROPOSAL BID BOND. CONTRACT PAYMENT AND PERFORMANCE BOND MAINTENANCE PERFORMANCE BOND INSTRUCTIONS TO BIDDERS SPECIFICATIONS ADDENDA PLANS: NIA As prepared by Entitled: M. Rodriquez M-.0079 ARTICLE 7. THE CONTRACT TERM: The. original Contract Term is six (6) months effective ten days after Notice to Proceed is issued by the Department's Director. ARTICLE 8. CONTINGENCY CLAUSE: Funding foi this Agreement is contingent on the availability of funds and continued authorization for project activities and Is subject to amendment or termination due to lack of funds, reduction of funds, and/or change in regulations, upon thirty (30) days written notice. ARTICLE 9. NOTICES: Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: Bid No. 12-13-054 Page 41 For City: Nzeribe (Zerry) Ihekwaba, Ph.D., P.E. City of Miami Director of Public Works 444 SW 2"d Avenue, 8th Floor Miami, FL 33130 With copies to: Juvenal Santana, P.E., CFM, Assistant Director MuritealRucirtgurez, evitrauttlariagef City of Miami Department of Public Works 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130 For Contractor: Metro Equipment Services, Inc. 4.i' —S!O[ 1.. Miami, FL 33173 Bid No. 12-13-054 Page42 ARTICLE 10. MATERIALITY AND WAIVER OF BREACH: (a) City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. (b) City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. ARTICLE 11. SEVERANCE: In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to .terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. ARTICLE 12. APPLICABLE LAW AND VENUE: This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury or to file permissive counterclaims in any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. Each party shall bear their own attorney's fees. ARTICLE 13. AMENDMENTS: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by. the City Manager and Contractor. ARTICLE 14. PRIOR AGREEMENTS: This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the -parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in -writing in accordance with Article 13 above. Bid No. 12-13-054 Page 43 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and year first above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract*. WITNESS: (If Corporation, CONTRACTOR: attach Seal and Attest by Secretary) Party of the second part BY: BY: Print Name : Print Name: Print Title: Corporate Secretary (Employer Tax I.D. Number) (SEAL) THE CITY OF MIAMI, FLORIDA, a municipal corporation, Party of the first part ATTEST: BY: Todd Hannon City Clerk RESOLUTION NO. Johnny Martinez, PE City Manager *BECAUSE CONTRACTOR IS A CORPORATION, THERE SHALL BE ATTACHED TO EACH COUNTERPART AS ATTACHMENT "B" A CER1'U-U D COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CORPORATION, AUTHORIZING THE OFFICER WHO SIGNS THE CONTRACT TO DO SO ON ITS BEHALF. Bid No. 12-13-054 Page 44 APPROVED AS TO INSURANCE APPROVED AS TO REQUIREMENTS: ENGINEERING: Nzeribe (Zerry) Ihekwaba, Ph.D., P.E. Calvin Ellis, Director Director, Public Works Risk Management APPROVED AS TO FORM AND CORRECTNESS Julie O. Bru City Attorney Bid No. 12-13-054 Page 45 -IMPORTANT ADDENDUM - CITY OF MiAMT, _FLORIDA ADDENDUM No. I ISSUED July 1, 2013 TO MECHANICAL ENGINEERING SERVICES FOR RIVERVIEW AND LAWRENCE PUMP STATION (Second Bidding), M.0079 - BID No, 12-13-054 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ALL BIDDERS ARE HEREBY NOTIFIED AND INSTRUCTED TO DO AS FOLLOWS: CHANGE 1 OF 2: The Bid Proposal Item #1 has been chrigetlto reflect the existing conditions at the Lawrence Pump Station, 342 SW 7 Avenue Miami Florida 33130. The City has purchased a new 15,000 GPM Axial Flow pump so it will be removing one (1) pump and two (2) motors. Substitute Bid Proposal -Page 24 for the Revised Bid Proposal Page 24. CHANGE 2 OF 2: Delete Bid Proposal Item #4. The City has purchased and installed a new 15,000 GPM Axial Flow pump. All pertinent items related to the installation of the new motor and the electrical and mechanical connections will remain as part of this contract. ******** ***.*** * * * * * * * * * * * * **************** ***** THIS ADDENDUM IS AN ESSENTIAL PART OF THE CONTRACT DOCUMENTS AND SHALL BE MADE A PART THEREOF. BIDDERS SHALL SUBMIT THIS ADDENDUM AS PART OF THEIR BID AND SIGN BELOW. ALL REMAINING TERMS AND CONDITIONS REMAIN IN FULL FORCE IN EFFECT. Nzeri erry) Ihekwaba, F.E., Director Department of Public Works Page t of 2 PA Equi"u":1- ate of_ Flo�ida_mun c.ipa cofpore,p `to furnish ll: necessaryY;matenal ill- labor necessaryfoconstruct a ocuments fog the ;P�ojec bl tled '`=Y 2=9 3-054.' - _ CHANICAL�sENGINEERING:SERVICES:;FORLAINRENCE'= RMINATERUM0-8:1 i , �a,.,. T` . = , _ 0NS x M=007,9 (Second =Biddin tFieIre We erformanc_er:Bond=aid: Pa"nent:Borid o tlessthan er -tFieaotalrbidpnee plus alf . rates; on rac fcatU. - di'tve _ _. uoi}pldrido,,sea on sum Bilge tom- 2:= . aiq yoi`s`i.Ya ue}sgns pa�jou" j,- ojclu�as y6u} o:rGauiee ==pue :i1,-UBI iC} "aye pue appiq �n sOQ ns ar i a ueui Zvi siy •.;.:. _ .P.Q :_. "o suoi}e oi sauanisuodsa> s.iappiq auoFFenj n = ua uaa £QOIoNaaueuip�_iui�nj=o7C;o suo lino 2ieiinels54a pe1d){-1oM;aaa brl,l( fnn }ueuie6uau PCB s1u�;ii7ih}sa�si }ey#<sa 63 ep`pi }uauiahinber n8`siy} Innuoi5auuoaO Paime-6 seiyagnpue uo}�auuo�u<pana�aruinpuapP�;� =z1(C_12 d=QNt%``S3{ iddd2i3iNVOT M ions pi roved -fc encji;a e nentationFo OP-OSAL�'B1D-F0 rm ent Suspension .and 3idder certt 1e:5:10he'l re Hoff $presently= -def?ar zclucfed from coveted °tc avegiot vitFi n 1a'=three` ndered =againsf=Xth`em ttempting to ofjtairi,or= ansaction; _valaton`oJ se4sta lave ansactIons_{F ie paspective 7 ezpianatidri: neludedr�ny :=contract'SA] er __isclose_acco�tlingl reliance=was placed s re_regisife forrmakin ;heawarf er_grans oposal_tiieeen convicted of or i5ad'a'civilxjudgri a= criminal offense�in`connectfon= with obtair tatea or=local)=transaction orcontiact under a�pi. es a.- alsifcation_ot destruction 5 recor'ds ma posed al =terminated f „� s_..-_ �, ROSALBID`.FO .xy;,v54= - - - ==-�.:.�✓' _ - -=uY'3 _ _ _ - '�r�"::r? r _ .�'',r"=.r•^^x` - --_ - _aa. ;:,�._ - - -�- -�.z,����-_ _ RTIFICATE�OF=:AUTFiOftI =-.�.`-*,;-.xsbxs�#urn�,-�_ -- s._T=,"�:,. �>• _�-_<< c,: �r;%�'^"'=r�'�rm rsv €'''.� _ -'�-i�.-i"�-_•i..mx.. - _ - '-.r'�, - - - _ z','zc',.`-v: =' %::=tom, .;._-:.�'�. p ••N.i `-_ _ _-,c-`�s IJ-1EREBCERTIFY that e ameetin' - - T f` � �� - - Kt:� _= - ,=r�-::: 9� _ -- - _-- `ofD�isectors`of�-:=�;Ni�54R� ��=���Ai�'J==gEKl�t ifelien=o aniz d=andWezisting.-underffie`Iaws o State'of u; OiZt=4` - =- h I _ _ _ r ffl-ie- _�,N=== = -- _,-;.�:�-,.= --- -_�� _= -- _ ��f�-�-_- -= - �=`.. tield�on:the'-24�dayof=�=1�a�:�: , resolutio tiwas =dul sassed `and= "ado't - _ 4 -=F" :�_- `' Y'`Px _j - P ed_, auihorizing •(Name)'-_tibL'.,.-rc0 PRL�$1€111?,`<;- of ;thew oration to=exec y x% - _ :x f + rp uterbids.on behalf:>of=the .corporation and providing=th`00-as/ orlthereof,-'a)tested:f y:tfie_secreta"of;tfie`co oration' s1iall b�' ctal a _ - _cor == _ _ �,. _ ,w_ _ _ '.�;: ;rP ethe�o�cial act;antl•deed -of�tFie_corpo�ation:���;a;"#urt at'said'resolution remains_in-fullf_orce andeffec Y� z _ _� �� _ x=== • = -- 5 _ _N�1N - -- - -I I NE EREOF� - -- - - - -- - - _Y- tiiisf =da .of.�:•�-:LTU.��� , _ - - - _- -- _ - RTIFIC E2OF %.UTHORITY>> Jame)'s rovides'thd-t his/Fie _`ezecutiori IT_NESSWHEREOF ,_ PARTNERSHIP artmeetinc ier=sfia11 orizin iipan RTIf�� 1CATE.� - - - _ - �,,, OINT-VENT - URE Jointventurers,must submit e oint;verfture-a-=i=e'`' - __ --.=N..---,,,..-----I-- -- - ement:indicat ng ahatthe ersori'si` nin�this.btd is: O 'documents=en:be}ialf of the' of it venture: -If thre =no-• �i i : -- - - = == =°n re if _ _ __,_may-c ;,- �.I �w. -= +,- _µ-)o nt venture agreement each'iriember of the ioint _denture must si b d;and"submit_ e ap ro nate_Certrficate of Authori ` co ota' P.,,P. - - �!-i rp te,_P_arhne�stii or:individualF rF RTIFI CAT*-0FAUTHORI`_. 3:== ( INDIV UAL) isatt`e'stationisattacti'ed, W ITN ESS-W Fi E REWF INTED'STAMPED OR AME OF:NOTARY>PUBC 00400. PROPOSAL BID FORM: (Page 9 of 10)------- REVISED PAGE 24 ITEMS ; 0040 T ' SCHEDULE OF BID: PF2iCE5 - : PAY ITEMS , M-0079 Pay Item Description --;Page 1 of 1 Item Cost Item Quantity Total Cost = Item Cost' item Quantity LAWRENCE STORWATER PUMP STATION 1 Lump Sum price for furnishing all labor, equipment, and materials necessary to remove and properly dispose of ONE (1) Axial Flow Pumps and TWO (2) electrical motors. The City reserves the right to reiain any components as spare parts at the City's sole option. �€ OCA(9. Lump Sum �, $ ¢ol 00C. ,4 For furnishing all labor,lequipment, and materials necessary to install one (1) Fairbanks Morse 20,000 GPM Axial Flog' Pump, including base plates and any other necessary appurtenances. .4 3 For furnishing all labor, HP electric motor. equipment and materials necessary to install one (1) U.S. Motors 200 $ 35,000. 1 $ iS coo, 4 Per ishiaoquipr-cent-and-mater-ials-n-esessary-ta-install._one (1 )..Fairbanks -Morse 0 $ -ail4abor, -fur, 4•5;000-GPM-Axial Flow Pump. $ 5 For furnishing all labor,lequipment HP electric motor. and materials necessary to install one (1) U.S. Motors 150 • ce $ 40, oA'j.... 1 $ coy 0001. i s For furnishing all labor, equipment and materials necessary to install a complete pump station controllerpackage in accordance cordance with the project plans and specifications. $ 050, e 7 1 $ 56. 44— 4r8 Q 7 For furnishing all labor, iequipment and materials necessary to install two (2) motor soft starter for both motors between 150 and 200 HP. I • $ I91ooa.. 2 $ 36, oa o, Additive Item 1 Provide all labor, equipment, and materials necessary to install all needed electrical components and housings not specifically mentioned above, including, but not necessarily limited to, all wires, conduits, cabinets, ground rods, switchboards, circuit breakers, buses, etc., as indicated by the project plans and specifications including the installation of two (2) conduits with weatherheads on the current transformers cabinet & for the required conductors. I $ t4g,0�, 1 t $ l OJ OG2'90 ¢ Additive Item 2, Provide all necessary labor, equipment, and materials to install concrete pad, fence and run, and underground conduits with service conductors needed to connect service panel to pad mounted transformers. $ ¢01 Way Y 1 ,� $ 4D� GOO . Bid No. 12-13-054 Page 24 • YQ yYj ilLk 7 r=+ 0— �6Y • WZCL iU Q Xti i CaL= LAG - - - s��)�'- ^. - ��`.�—yt.. �i�k�-s�•i — "_-_ C_ R_ __ _ _ f��a+�.'r'�_�=��v'-,J - — CONTR4GTOR_S•r�` �•:._-._4v_- :�:a>_� "..c4�=x v:%'�",.<� X� `- - �-1 � r _ vu.�c'�.r_.�w_., tY> ..-.;iy-,�_.�`u *»'��i,"'-i�,3��< =?r•: t'-.�k�-.4::_-' - _'nt`-'=,^_.-�• '••»x •k--S-.r�- ..- _ 1 n. - iK'=``•rx�,_ :Y�+-- .': +-"' : _ S-�s-._ „�; -wx .2'-, :T�w.�. _ _ ti - r..C� _ �.•.:> - Yfc3`=,e•..p - ` -- y+-v.� �.��=_V,�:: �- � � _,,,_,_ rr�c=y��, .-s.•-i-.�._ _ •�-��_-�.: �cs= --x ...-�Y>��.� c- ' "''='4i�� '.�_.�.�?k.:EF .-�;.;�r5:•TT: ltiiV on ractorifsha111 _ _ _ - .,< on - _--r - �_ �: z..a�... _ ¢� - t> �:.,tr-�.=-.. A- denfifyvbelo�ti all;:Sub-Contr"acto Cate o i � =as-Ti ' e r,r{ Y,, __ _z�_4_ rs,, g�r es_,shall=be.Y:added as _necessaNFYIfYr <.., z _ - -11<• �'1 .__.�---:137`_f.=['sP_r�'^ir '4;::'-Ilrr curt _?p..h _``r;.3..'..�5's-r''y'"'wK,+.s bcontractors=are`to.`be used,:>7nsertFthevord,-Self in_the=sA aces.untle - >_ ; f _-.max «rt F r iins_ _ £ �P r Name°'of,.Subcon`tr ,ctor�._TF torelis e s e than 1 €:-�- — by;=a bcontrac t dYbelow earin "Torelt ° ' "a _ _ ot»b'e;m 0 /o Hof=ttie.aotal workfo�>`tli -- - - `zrcv-"-=ur= - y�''+k - _ _=:=:a 5':'-_szhrta-� - ^' i:--_ - - _r,.s= _ - - - "•..-. � _c<. _ UBOONTRACTOF OUNTY-MUNICIF )CCUPATiO• NAL ICENSETNUMBEF 00410. BID BOND FORM (Page 1 of 3) State of Florida ) County of Dade) SS City of Miami ) Metro Equipment KNOWN ALL PERSONS BY THESE PRESENTS, that Service, Inc. as Principal, Travelers Casualty and Surety Company of America as Surety, are held and firmly Five Percent of bound unto The City of Miami, in the penal sum of Amount Bid Dollars ($ 5% ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. ' THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated July 9 , 20 13 , for: MECHANICAL ENGINEERING SERVICES FOR.LAWRENCE AND RIVERVIEW STORMWATER PUMP STATIONS, M-0079 ' NOW THEREFORE: (a) Bid No. 12-13-054 If the principal shall not withdraw said bid within ninety (90) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the City, in accordance with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or, (b) In the event if the withdrawal of said bid within the period specified, or the failure to enter into such contract and give such bond within the time specified, if the principal shall pay the'City the difference between the amount specified in said bid and the amount for which the City may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Bid No. 12-13-054 Page 27 00410. BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this 2nd day of July , A. D., :t=10. , 2013. 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.) Jor;- L. Go•. , Secretary Affix Seal as per attached Power of Attorney Surety Secretary - PRINCIPAL: Metro Equipment Service, Inc. gnature of authorized officer) ge L. Godoy President (Title) 9415 SW 72 St., Ste 131 (Business Address) Miami, FL 33173 City State Zip Surety: Travelers Casualty and Surety Company of America (Corporate Surety) Affix Seal �� ®• %,IJUKJ -(Signature of Authorized Officer) Charles D. Nielson, Attorney -in -Fact (Title) One Tower Square (Business Address) Hartford, CT 06183 City State Zip Nielson, Hoover & Associates (Name of Local Insurance Agency) 8000 Governors Square Blvd., Ste 101 Miami Lakes, Address FL 33016 305-722-2663 Telephone Number Bid No. 12-13-054 Page 28 4 00410. BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL I, Jorge L. Godoy. , certify that 1 am the Secretary of the Corporation named as Principal in the within bond; that Jorge L. Godoy of said corporation; that I know his signature, and the signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said co poration .y authority of its governing body. (Corporate Seal) Jorge L. Godoy, Secretary STATE OF FLORIDA ) COUNTY OF DADE ) SS City OF MIAMI ) Before me, a Notary Public duly commissioned, and qualified, personally appeared Charles D. Nielson to me well Tknown, who being b me first duly sworn upon oath, says that he/she is the attorney -in -fact, for the Companyrof inericya a.nd Surety and that he/she has been authorized by them to execute the foregoing bond on behalf of the Contractor named therein in favor of The City of Miami, Florida. Subscribed and sworn to before me this 2nd day of July A. D., 2013 INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions to Bidders [Votary e ublic, State of Florida at Large My Commission Expires: August 5, 2016 )00% NotaryPublic State of Florida Mary C Aceves My Commission EE 216562 of t�e� Expires 08/05/2016 Bid No. 12-13-054 Page 29 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERSJ POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 225989 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 005319048 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Charles D. Nielson, Charles J. Nielson, Mary C. Aceves, David R. Hoover, Gicelle Pajon, Olga Iglesias, and Arthur Colley of the City of Miami Lakes , State of Florida , their true and lawful Attome s -in-Fact, YO each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 4th IN WITNESS WHEREOF, the Compzn,i1 _have caused this instrument toFbe signed and their, corporate seals to be hereto affixed, this day of January GG• Farmington Casualty Company' Fidelity and Guaranty Insurance Company, Fidelity and Guaranty InsuranteTnderwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company State of Connecticut City of Hartford ss. By: St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Robert L. Raney, Senior Vice President 4th January 2013 On this the day of , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. Marie C. Tetreault, Notary Public 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recogni7ances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURI'HER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURUIER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, ilich is in full force and'effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and,affixed the seals of`said: Companies this 2nd day of July . Kevin E. Hughes, Assistant Sec tary , 20 113 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ESTIONNAI r = v THIS COMPLETED; FORM aSHO.ULD K:BE"=_S B = r,." _ U MITTEDWITH_T}iEB1D=rFIOWEICER ,.- .a.-.-=µ--,,,,,� z,.�.:.� _ .+��-. <_� .�r� = ' - s,=, ,— _ . yx'_" =--- .r , i„,,,;aay1�. : 5�::,.;r.;csr_, - _.<. 4 ,,5SUBMISSION OF THErFORM ORnANY ADDITIONAL INFORMATION: NOT I ::; :W-.R- x v_ r` �...r. ra:�;_.s»:f_.cin.5 SUBMITTED_FORM=AS:Y DETERMINED_ -IN THE SOLE DISCRETION=OF TH �.��. �._._ _>:._ _. _: �._ s= ram: p-=;= T.. -s Xr = r rho= MAY;'BESUBMITTEDWITHIN_SEVEN,__OAEDAR;DOF`- �,.. - -F }N ar�..:)_ THE :CITY S:RE4UEST RFAILURE; TO ,SUBMIT THE:FORM OR=ADDIT ONAL INFOR _ �.:. ...- r,:s - - - _ .Y�f = >sti.».rd �..�. -. � _'£ W10,N_UPQN REQUuj.:- Y rTHE_"=CITY SHALL-°RESULTa.IN THERE GYM Ff `- - " ' _'_ ECTION:OFTNETBID AS;NON-RES1?ONSIVE1� '-'F-` ;..=<s�"„?%_a. =-^tom The .t�ndersi ned=authorized reresentative of=the. B rider ce i 4 r - _.-;-: - _ .-.:.9 `--- Yip _3 rtfes thetruthrandaccuracy ofall:statement s`e contained herein- �� � � ` '= .� and the an w �:�.,� � x � ,��,. �, �. _ � � `How Oman "y ears has ouzo aniza i v r Y$Y ,y- �,,,�,g ton been ln;Jbusiriess;wh1 !-, ossessiri __ �-:� ��:�, ��=�:�-_�,��`���-�-�;;--- _-�-�:�4->�:{� :T �t�s--=gip _.certifcation t s;:ore strationsK; ��:,�;-< tLicenseLCertification%Registtafion>•Narne`andxNumbei•�;,_r�n osinessare u57.al.�� �us,�ucto� iL=%u%-k 24t&l Idress` ontinue necesaan ler=;comb ormancE yuiryou .uncon tract4any part of this Work"� _If,<so` -oyLe ahe followin'" details for eacl ubcon tractor(s) stl5a will perfoi m worK in =excess of ten ` "e"rcent a:0/o rof the contract=<amoun ta 4tch -• 3}lrjr: - ubcon tractor sma ynotbeamended afterrawar nova l of ,the:- :Con ministratract��Adfo�= whose \c ; 7 i:et a sdn\cr& itTer,TOrZ15-1 2� k La- ,syccess u{ blast, y tdea omacrP77et\n=$m{md\ htn/ecpossoiiƒ ecessqr:or & axe « = con;amnsav eig\ e\cso7\at/sdj/ / 4yme a e brlaSrribr ect over wh h ƒems s ue o e d h fi ƒ\mho ƒe I m 7 %rers or¢r ecessour i g yr $e bfui ?PLEMENTTO BI ERFREFEREt GE= • ContractorsshalR-furnish tf e:name gover mentc:organizations':forwTi scope aand;comlexity=ovei arthree. ontrac -WTI ON'AEF,IDAVIT- ameTo afonaLLiceiise;No: ..,. „;,.. _ _ __ _ _: _- - :Date -of lssuanc uth11116 gf: _` _ ___^ - • �:t Wit_ _ _ ��i " max:-;�_�-:�- �T:. t �_ - —�� -,�ca=- FY�. ned by :t fof ecrpOra secrI artrierso•rfpoation o}one `aoinvnure Fso pr etc oraI .-.,--._�___,-.�.:._...__-_;�==:--,�.._-- .,-- _- =- r,:.=Wit_>�•- ��� r._._�,.,-•.z - - - ease;ubmi_riithyour;bidcopes_o f_OccupatiovalLicense,professiona andloitrade_License;t ocal status TtieCity�of;Miami also reserves the, right to request a:copy of the corporat aiter-corporate=iricorrie tax filing rEfurn and any ot} er.>documents{s) to.' erifythe location_of=th }r- EXPERIENCE Job# ob METRO EQUIPMENT SERVICE, INC. , Protect Contact , JOB 08 Keystone Lake • South Broward Oreina a 9 manager Abbey Flallo rerson Leo Schwartrberg Number O/C 0: 954.880-3337 C: Statue Closed 2007 Value i' Description Lake embankment stabilization, embankment stablrval;on Geo-textile, earthwork, lake rip rep. JOB 89 City of Sunrise Lake Embankment City of Sunrise Abbey Flallo Mark Lubinski 0: 954-746-3287 C: Closed 2007 $ 590,450.15 t; S 248,71 rip rap JOB 90 Silver Lakes • Pembroke Park Abbey Flak. Leo . Schwartzberg 0: 954-080-3337 C; Cloyed 2000 i,00 S 308,050.00 Geolexlile, earthwork, S.B. stabilization, rip rap Includes restoration JOB 91 S•793, One Year Lateral Lining County Wide .One Year contract Miami Dade Water & Sewer Jorge Valdes Victor Fernandez- Cuervo 0: 786-268.5250 C: 305-903-9841 Closed 2009 _ S 4,500,000.00 drainage, shoreline lake Lining repair of sewer Laterals JOB 92 South Island Repair (Golden Beach Project 00944 Golden Beach Jorge Godoy 0:• C: Closed 2006 S 4,400.00 . South island Repair JOB 93 C51 Canal Bank Restoration West Palm Beach Abbey Hallo Jose Guardlna 0:581-082-2594 C:561-644-3242 Closed 03107, F S 746.527.00 C51 canal Canal restoration JOB 94 Miami Container ( Emergency) Miami Dade Jorge Godoy O: C: Closed 2007 i. $ 12,818-03 and rip rap inst. SFWMD. Miami container L/ JOB 95 I Installation of 16" HOPE & 12' Force Main at Bearcut Channel S 742 Miami Dade Abbey Ratio Vlclor Fernandez- Cuervo 0: 706-268-5250 C: 305-903-9841 Closed 10/00 S 2,531,320.21 Installation of 2„6001.f. of 16-inch H.D.P.E. (SDR-9 under Bear Cut Channel) and 12-Inch D.L. force main at Bear cut bridge between Key Blsceyne and Virginia key JOB 96 W-861, Installation of 42", 36'. 24" & 36" Rawwm's for South • Miami Heights Miami Dade Jorge Valdes Victor Fernandez- Cuervo 0: 786-268-5250 C: 305-903-9641 ,Closed 2008 S 3,588,758.60 Installation of 42, 36, 24 and 16-Inch C-905 raw water mains for South Miami Heights treatment piant- 13 Job If JOB 97 JOB 98 -•. \JOB 99 j JOB 100 Job Name ' Owner Imperial Point large WM - Phase Fort. Lauderdale S783, Installation of 16" DI sanitary Sewer In NE 172 SI hem Collins Avenue to N. Bay Road WBB4, Installation of 38- W/M in SW 288 Street from S. Oixle Highway to SW 152 Ave B0 2001-01-002, Black Point Marina Sewer Connection METRO EQUIPMENT SERVICE, INC. Project Contact Manager Person Daniel Gonzalez & Alberto Tumez Pierre Meroellus Number O!C Status 0: Value C: 561-541-4804 Closet42009 S 3,186,525.00 t' Victor Miami Dade Water& Fernandez- 0: 788-288-5250 Sewer Jorge Valdes Cuerve C: 305-903-3841 Closed 2009 S 1 022 283.37 Miami Dade Water 8 Sewer Miami Dade County Park Jorge Valdes Jorge Valdes Victor Femendez- Cuervo Willy Pena 0: 305-069-7526 C: O: C: 305-755-7914 JOB 1 JOB 2 Phase 1 Pump Station Lauderdale Menars 3 Pump Stetion(SW 10ST & 2B TERR City of Ft. Lauderdale City of Ft. Lauderdale Alberto Turnez Alberto Turnez Jerry Gonzalez Jerry Gonzalez 7843-258-4613 786.258-.4613 Closed 3907 Closed 2000 Closed 12/09 JOB 3 Sewer Pump Station IMP 04- 1248 Pembroke Park Alberto Turnez Peter Kunen 0: 561-314-4445 C: 954-815-9038 Closed 12/09 Closed 2/10 S 1,281,924.00 S 1,09,220,00 3 4,650,825.00 $ 1,275,450.00 S 2,049,050,00 Description Large Water main Phase 1 Installation of 16-inch D.I. Sanitary Sewer In N.E. 172 St from Collins Avenue loN. Bey Road. installation of 36-Inch water mein in SW 288 st from South Dixie Hwy (SR No. 5) to SW 152 Avenue JOB 4 Interconnection SW 268 ST (Watgroens) Walgreena Corp. Jorge Valdes Jim Mercurio 0: C: Closed 2009 s 45,0130.00 JOB 5 Key Biscayne (Harbor DrfBeachwood Key Biscayne Daniel Gonzalez Nmendo Nunez 0: C: 786-255-6765 Closed 12/09 S 6,300,003.00 10 Sanitary sewer improvement Pump Station upgrades Pump Station upgrades Pump Station improvements Interconnect 10 existing 30' WM in Sw 288 Street Installation of water main with services, sewer system, and pump station rehabilitation, including complete roadway reconstruction and regarding, sidewalk, and curbing reconstruction In a residential area, Job # Job Name; METRO EQUIPMENT SERVICE, INC. Project Contact .-.'-.•''a',, rep DUI' NumberOiC Status Value Miami Dade County JOB 8 STDCB Emergency Arterial Roadway 7384 Miami Dade Public Works Sieve Cudd Mercedes Barters 0: C: Closed 2009 tr Description JOB 7 W-813 Yard Piping Miami Dade Water & Sewer •Abbey Flallo • Mario Garcia O: 786-268-5758 C: 786.295.4103 Closed 04/09 S 736,148.00 fi $ 8,967,000.00 Drain system clean -out program throughout HLD upgrade to 285 MGD yard piping, from 4: to 120; PCCP for infrastructure install pipe at plant ranging 36" kn fe 'valves. ter, JOB 8 East Miramar (Water Maln Imp. Miramar Daniel(6", Gonzalez Tony Rabbet sewer, chlorine, sludge, etc., 0: 954-967-1049 C: 954-548-0128 Closed 2009 5 1,514,377.05 gate Installation of apex. 24,500 Iinear feel Oh 'j3 ee ,r 8" and 12" diameter) using open cut and directional drilling installation Including pipe. fittings, valves, taps of existing pipg Included complete roadway JOB 10 Seawall Undermining Repairs. Sundae City of Sunrise Abbey Flallo Mark Lubinskl 0:954-T40-3287 C: Closed 2007 $ 44,800.00 restoration Seawall in residential area JOB 11 USMC/Navy-Jacksonville South Florida Resource Abbey Hallo West Scott 0: 305-246-4319 C: Closed 12/08 ! S 734,140.00 undermining repair StabiFzslion project $rip rap, concrete miles articulated block 1 1/1 JOB 12 Alexander Orr Water Treatment Plant W895 Miami Dade Water & Sewer Daniel Gonzalez Juan Dlaz 0: 305.689-7826 C: 305-460-7111 Closed 2009 r $ 2,01i,982.00 ' Filler interconnecting 1 JOB 14 Le LEVEE SFWMD South Florida Water Mngmet. Abbey Hallo Jose Guardlne O: 561.682-2594 C: Closed 2008 i. $ • 672,300.00 Re -construct a 7.2 mile levee, pipe sloping & embankment JOB 15 S-827,10" & 12" FM TO PS427 along NW 191 between NW 32 Ave. 3 NW 27 Ave. • Miami Dade Water & Sewer Daniel Gonzalez & Jorge Valdes Miguel Plchardo 0: 305-669-7026 C: 786-258-2573 closed 2009 $ 880,403.20 10 12' pump station 427 Miami disposal miscellaneous labor Gardens waste removal and materiats JOB 10 Emergency For PS428 Miami Dade Water & Sewer Aibeto Tumaz Iden Edwards 0: 768-208.5175 C: 305-205.4666 Closed 2009 i 5 829,211.63 Emergency pump station Is Job OR Job Name JOB 17 JOB 18 JOB 19 JOB 20 Emergency BarHartter. South West Weinfeld Calcium Carbonate Removal Quayside Apt. Complex & Lil Abner Apts. S-805, South district WWTD HLD upgrade MOD Filter System METRO EQUIPMENT SERVICE, INC. Project Contact Owner Manager Person Town of Bat Harbor Miami Dade Water & Sewer Private Apts. Miami Dade County Poole & Kent Danny Gonzalez Abby Flailo Steve Cudd Daniel Gonzalez S Abby Flallo Paler Kunen Agustin Durand & Juan Diaz Kevin Smith, Poole & KenU Joe Annao MOWASD Number OIC 0: 954-782-8222 C: 0: 786-236.2250 C: 305-607-0491 0: C: 0: 786-232-2931 C: 786-586-4198 Status Value Closed 10/09 Closed 12/09 Closed 10/08 JOB21 S-812, South District WWTP Chlorine Tank Miami Dade County Poole & Kent Daniel Gonzalez & Abby Hallo Kevin Smith, Poole & Kent/ Joe Armao MDWASO 0: 786-232-2931 C: 706-586-4198 Closed 6/09 Closed 1/11 JOB22 JOB23 ) JOB 24 JOB 25 Demolition PS401 (Stindse) ibeoramerica Catholic Dorm Key Largo Waste water treatment District, Vacuum Sewer Collection System. Wastewater Collection System Bid 20082T City of Sunrise Milian, Swain & Associates KIWTO City of Homestead Abbey Ratio Alberto Temez Daniel Gonzalez Steve Cudd Frank Vitoria a Tim Welch Pablo Garcia Margaret Blank PM Chuck Fishburn GM Ethan Height 0: 954-888-6071 0: 305.441-0123 C: 305-793-6467 0: 305-451-4019 C:305-731-8884 0: 954-987-0066 C: 95M987-2949 Closed 09/09 Closed 9/09 Closed 11/11 Closed 16 S 7.1,200.00 $ 9,273,788.00 $ 71,925.00 $ 1,485,115,00 $ 1,785,368.36 S 53,060.00 S 159,450.00 b 17,277,069.21 5 106,895.83 Description Emergency repairs el the al Harbor Pump Station Removal of calcium carbonate deposit from the north lagoon Upgrade existing sewer system at Quayside Apt.s & Lil Abner Apts.to comply with DERM HLD upgrade at SDW WTP Including installation of 72" through 108' PCCP (concrete pressure pipe). installation of 120", 96', 72" and 60' PCCP (concrete pressure pipe) at the SDWWTP. Demolition of Llft Station No- 401 installation of 55011.of.42' DiP; innings & valves. Included multiple taps Into existing water kystem, installation of FH, • services & restoration of roadway, curb & gutter. Construclton of appx 5,788 L.P. of I', 1,359 L.F. of 6", 78 L.F. of 8-, and 8,080 L.F. of 10" vacuum mains. collection pits. laterals. and gravity laterals iLilhin Basin C. videotape of existing gravity sewer main in various basins. Job # JOB 26 JOB 27 Job Name' Owner 00734-01, Golden Beach AMA Roadway Enhancements Lake Esmeralda METRO EQUIPMENT SERVICE, INC. Project Contact Manager Person Number O/C Statue Value Rodney Town of Golden Carreto- Beach Jorge Valdes Sanlene South Florida Resource Abby Fiallo Wes Scott JOB 20 JOB 29 JOB 30 JOB 31 JOB 32 JOB 33 JOB 34 . Sanitary Sewer Rehabilitation & Repairs Phase 3 MISC JOBS (ALL JOBS UNDER S 100.000) North Bay Village Design Build South Transmission Main Town of Lake Clarke Shores South Miami Heights W-857 Effluent Pump Station S-81T Town of Medley Various Locations North Bay Village Key Largo West Palm Beach Miami Dade Water & Sewer Miami Dade Water & Sewer Steve Cudd Abby Flal)o Daniel Gonzalez Steve Cudd Abbey Hallo Abby FIallo Rodney Camero- Santane. Gary Raley Margaret Blank PM Chuck Flshbum GM Bill Snow Juan Diaz Joe Amayo 0: 305-445-2900 C:786-412-4858 Closed 12/10 $ 2,109,692.30 0: 305-248-4 319 0: 305-445-2900 C: 0: C: 0: 954.535-5100 C: 954-646-3509 0: 305-151-4019 C: 305-731-6884 0: 581-214-8281 C 0: 305-607-0491 C: 0: 786-506-4198 C: 17 Closed 12/09 Closed 2/11 Closed 9/11 Closed 11/11 Closed Closed 11/11 Closed 11/11 S 2,095,000.00 S 2,1384,190.00 S 4,457,012.00 S 3,790,000.00 S 380,000.00 S 59'.166.00 Description A1A roadway enhancement from ,erracina to county line Including over 24,000 If of conduit for ABB 24,000 If. For ATT, 20,000 Li.for FPL with service, barldholes, pads, median Improvement including 100 Medjool Palms, landscape fighting, sprindler & colored sidewalk , curh'& guffaw along AiA, Lake embankment restoration using geotextile tenflo with 100-2 & fabritortn reveniment system 1 mile. Rehabilitation of the gravity Sanitary Sewer System - Phase 3 3-20' HOPE Crossings 5400 LF 3.16" open cut PVC 8400 LF Construction of eppx 97 lineal feet o13" PVC force mein, 9787 LF. of 4' PVC force main, a bridge cros Ir,g consisting of 75 L.F. of 6' DIP, 4,944 L.F. of 6" PVC force main; 2,653 LF. of 8' PVC (open cut) 1,148 L.F.of 8" fusible PVC (s ip tiring); 12,722 L.F. of 10" Fuebile PVC (s Ip lining) Lining Plpee and manholes Installation of DIP 10"-42" & vaivos meter vaults for High service pump sta ion Installation of 80"-90" PCCP and fittnigs 313"-60 B.V. 72"x2'x3" laps $ 90T.672.00 at eflluenl pump station Job # Job Name • METRO EQUIPMENT SERVICE, INC. Project Contact J013.35 Town of Davie Water & Waste Water System Expansion Town of Davie AECOM ,.,.,r,oaor Danny Gonzalez version J.R. Richards Number O/C • O. 954-745-7232 C: rJSA q10 $Oqq Status • Value• • S 1,387,192.00 Description Installation of yard piping and offsite piping to wells. Saes vary from 24' to 10' pipe and materials vary between HOPE, PVC, ( —i a•JOB 37 j -"•0 3Closed .DIP. FKAA Marathon Distribution Main FKAA Danny Gonzalez Joe Ivey Closed 12i11 0: 305-205 2158 C: 2/11 S 2,507,000.00 Furnish and install 17,100' of 12" distribution walennain Including hydrants, waterservicea, and connections to existing mains. Work be JOB 38 Emergency Repair Rehab 72' Gravity Sewer Miami Dade Water Et Sewer Denny Gonzalez Gonzalez JUIb Maria O: 786-229-1790Installing Closed 12/10 r • S 82�,820.00 to performed on Overseas Highway In the City of Marathon Emergency repair o172" Sewer Interceptor for MDWASD by n custom fabricated stainless steel finer In the active JOB 39 Vacuum Station No. 5 in Marathon OAC Action Construction Danny Gonzalez Onie Crux 0: 305-256-6655 Closed 9/10 sewer Tine. • t, S 15,549.87 installation of Vacuum Station Components JOB 40 Miami Dade College North Miami Dade College North Jorge Godoy Closed 2111 i S 194,804-98 in Marathon. FL JOB 41 C 100 S C 2 Canal South Florida Water Management Abby Fiallo Sam Palermo 0: 561-686.8800. Ext 4211 C: 551.351.5278 Cbsed t1/11 Flmline Improvements r $ 1,234,150.00 Excavating & installation of gabion baskets In Mx locations including rip In South JOB 43 Perry Paige Water Infiltration Repair FAMU Denny Gonzalez Closed 2/11 S 130,000.00 rap Dade Canals /r— 1,.. -. I JOB 44 Waterline Improvement Phase 1 , MIccosukee Indians Miccoaukee Tribe of Indians Jorge Godoy Tim Dengar O: 239-332-4550 C: Closed 10/11 r • • . S 320,645.00 Miscellaneous-aatel'.Iirler1mprovemenls and reconstrUction of road Base including mltiing and overlay t / / / 1 `-. (' -10.6 45- ) Duck Key Utility Improvemetit Phase 1 A 2 t 7, i- iir, tired'., FKAA - Danny Gonzalez Joe Ivey 0: 305-797-8111 C: 305-295-2158 2. Ongoing r - $ 4,867,528.00 Installation of Gravity Sewer„ Raclaimd.,y,1%e�er;fvlatn, Forcemain, Potable Water Main, and Pump Stations In Chick Key. ti FL �! '2 18 Job Job Name METRO EQUIPMENT SERVICE, INC. Project Contact JOB 46 Aztec RV Resort — Duarte & Fonle Construction, Inc. mandger Pedro Rivera Abbey Rollo Person Juan Bergouignan Number O/C 305-347-4974 Status Closed 8/11 Closed 9/11 Value $ 522,514,00Sewer r S 1,415,977.92 Ueacrlptton , Seer tines. PertLinntngormed PresxuresealingofManholes. and tnllilTelevisedrationTeSHnwg Regrading, excavation & placement of armour rock, rip rap rubble A ret°calton of corals and onPos at the Port of'M(emi Pilot JOB 47 Pilot Station Rip Rap Mien' Dade County Pori Authority �' JOB.`4B Duck Key Utility Improvement Phase13 p}�A Dann Danny Gonzalez Joe Ivey 0: 305-797-8111 C: 305-295-2158 Closed 9/11 $ 1,120,250.00 Stonti on Point. Installation of Gravity Sewer„ Reclaimed,W `� Sin; Forcemain. Potable Water Main, and Pump Stations 1 S left Key, JOB 49 MISC JOBS (ALL JOBS UNDER 5100,000) Various Locations Steve Cudd Closed 6111 i FL JOB 50 FIU Manhole Rip FIU Slave Cudd Dosed 10/11 & 35,400.00 JOB 53 Tumberry Way Project i1P0060 Miami Dada Water & Sewer Javier Garzon Raul Caballero Rehabilitating Manholes 780-268-5166 Closed 12/11 $ 18%708.81 Installation of 8` DIP HDD JOB 54 S-835 Miami Dada Water & Sewer Alberto Turnez Pedro Vigil • 305.205-5152 Ongoing $ 1,712,527.18 and Approx. 800 IF of 10" HOPE Installation of 24', I8", and 12" DIP Sanitary JOB 55 Pump Station E City of Coral Gables Alberto Turnez Chris Kish, P.E. 305-443-4001 Ongoing I $ • 618.000.00 Sewer Pump station upgrade JOB 58 Distribution Piping Upgrade For Start Term Scenario South 35"' Avenue From Hollywood Boulevard To Washington Sheet, Project 1R 10-5104 City of Hollywood Javier Oa rxon Clece Aurelos• P.E. 954-gzl-3030 4 ongoing , $ D18,689.50 Installation or Z4- and 30- WM. HOD approx. 400 LF of 30" HDPE ' 19 Job # J09 59 JOB 60 JOB 62 Job Marne Park City Water Main Replacement, Project * 408-0129 330-85.02 Eden Pines/Plne Channel Estates Tropical Key. Colony/ Beech Dr. Distribution Upgrade Duck Key Utility Improvement Phase 4-6 Owner City of Sunrise FKAA FKAA METRO EQUIPMENT SERVICE, INC. Project Contact Manager Person Abbey Flail() Danny Gonzalez Danny Gonzalez Bob Romeo Joe Ivey Joe Ivey Number O!C Status 954-888-8000 D; 305-797-8111 C; 305-205-2158 0: 303-797-8111 C: 305-295-2158 20 • Ongoing Ongoing Ongoing Value s 4,740,150.00 5 2,034,800.15 $ 5,100,1300,00 r' Description 1 Installing approximately 5 linear miles of 4-inch, 0-inch, 8-inch, and 12-Inch PVC potable water piping, fire hydrants, and service connections. Completing potable Water main and service wnnections to existing asbestos concrete piping; klstefletton of ■pproximetely 2,900 firmer foot of 0-inch PVC roc/aimed water piping; furnishing end Installing approximately 2,250 linear feet of 4-inch and 0-Inch PVC force mein piping; fumishtng Ind Installing approximately 550 Inner feet of 12-Inch DIP force mein piping; grouting and ebendontng approximately 0,700 linear feet of existing asbestos Concrete potable water end force mein piping; Installation of WM installation of Gravity Sayer„ Reclaimed Water Main, Forcernaln. Potable Water Main, and Pump Stations In Durk Key, FL Metro Equipment Service, Inc. Equipment METRO EQUIPMENT SERVICE, INC CATEGORY Excavators. JOHN DEERE JOHN DEERE JOHN DEERE JOHN DEERE HITACHI HITACHI CAT KOMATSU MODEL SIZE QUANTITY 330 800 992 225 C 450 200 308 PC78MR6 1 1 1 1 1 1 1 1 CATEGORY MODEL SIZE QUANTITY COMBINATION/BACKHOE JOHN DEERE 310 2 VOLVO CATEGORY L70 MODEL SIZE 3 QUANTITY LOADER VOLVO BOBCAT L70 T180 5 1 CATEGORY MODEL JAIR COMPRESSOR AIR MAN CATEGORY MODEL SIZE 185 CFM SIZE QUANTITY 5 QUANTITY PUMPS TRASH PUMP DIAPHRAM PUMP WELL POINT PUMP 3 INCH 3 INCH 8 INCH 2 1' 1 TRASH PUMP 6 INCH 1 CATEGORY MODEL SIZE TRENCH BOXES TRENCH BOX TRENCH BOX 25'XS' 24'X8' QUANTITY 1 1 TRENCH BOX TRENCH BOX ROCK BOX ROCK BOX ROCK BOX ROCK BOX ROCK BOX 20'X8' 10'X8' 10 YD 18 YD 14 YD 7.5 YD 5 YD 1 1 1 1 1 1 1 CATEGORY ROAD PLATES 20X8X1 8X10X1 6X10X1 13X8X1 12X12X1 7X5X1 MODEL SIZE QUANTITY 45 1 1 1 1 1 4X10X1 15X8X1 CATEGORY SETTLEMENT TANK 4X10 MODEL SIZE 2 16 QUANTITY 2 CATEGORY MODEL UTILITY VEHICLES SIZE QUANTITY FIRE TRUCK FLAT BED TRUCK DUMP TRUCK 1 1 VERMEER TRENCHER T-655 655 2 VERMEER TRENCHER T-655 BOOM TRUCK 655 • 1 WARRIOR SCREENER 1 MG HANDY SCREEN 1 STORAGE CONTAINERS CONNEX BOX 8 DIESEL TANKS 1 MISCELLANEOS EQUIPMENT DIVE COMPRESSOR 2 DIVE GEAR 2 Metro Equipment Service, Inc. References MUNICIPAL REFERENCES Municipality Address Contact Person Florida Keys Aqueduct Authority 1100 Kennedy Drive Key West, FL 33040 1 Joe Ivey Miami Dade Water and Sewer Dept. 3575 Lejeune Road Miami, FL, 33146 City of Fort Lauderdale .200 N. Andrews Ave. Ft. Lauderdale, FL 33301 City of Miramar Village of Key Biscayne Town of Golden Beach Key Largo Wastewater Treatment District City of Sunrise 13900 Pembroke Rd. Miramar, FL33027 88 W. McIntyre St. Key Biscayne, FL 33149 1 Golden Beach Dr. Golden Beech, FL 33160 98880 Overseas Hwy. Key Largo, FL 33037 777 Sawgrass Corp. Parkway Sunrise, FL 33325 Victor Fernandez-Cuervo Waft Scharr Whittingham Gordon Armando Nunez Alexander Diaz Margaret Blank Tim Welch, Frank Vlloria Phone Number 305-296-2454 786-552-8142 95.4-480-7365 954-605-9414 305-365-8945 305-932-0744 305-453-5804 954-240-8450 954-888-6071 Trade References Company ADDRESS CONTACT PERSON PHONE US Precast 3200 W 84 ST LUIS VIDAL 305-885-8471 HIALEAH, FL 33018 US Pipe 18D1 SW 1 AVE FT, MITZI OVERSTREET LAUDERDALE, FL 33315 217-425-7278 Ferguson Waterworks 10810 SW 184 ST PAT MURPHY MIAMI, FL 305-453-3173 Eastern Electric 8801 SW 17 TERRACE MIAMI, FL MARIONO MEDEROS _ 305-218-4999 Barricades Inc. -- . - .... . :: - 7904 NW 67 STREET MIA , FL' ._...; � _ SCOTT BROWN ..._._.-_---::.•__: 305-592-7961 ... ..._ ,._. CRAIG A. SMITH AND ASSOC. 7777 GLADES RD #210 BOCA RATON, FL 33434 PETER KUNEN 561-791-9220 C3TS CORZO CASTELLA CARBALLO THOMPSON SALAMAN 901 PONCE DE LEON • BLVD CORAL GABLES, FL 33134 RAMON CASTELLA (PRINCIPAL) 305-4-45-2900 FELCO 10762 SW 188 ST MIAMI, FL 33157 BEN BARLOW 305-251-6720 LOSADO SURVEY 900 NW 39 AVE MIAMI, FL 33126 CAMILO LOSADO 786-413-5822 GIRALT ENTERPRISES 12260 SW 94 ST MIAMI, FL 33186 `PEDRO P. GIRALT 305-234-6663 ITT FLYGT 7231 SW 64 COURT MIAMI, FL 33143 EDUARDO BADELL SALES REP 305-661-9375 VERMEER SOUTHEAST 13301 SW 131 STREET MIAMI, FL 33186 MANUEL ESCASENA 786-402-8834 WEILER ENGINEERING 5800 OVERSEAS HIGHWAY MARATHON, FL 33050 EDDIE MILLER 305-307-4830 HD WATERWORKS 10810 NW 92 TERRACE MIAMI, FL 33178 HANK CARROLL 305-439-1050 ACCOUNT MANAGER CONSULTING 8925 ENGINEERING & SCIENCE INC 100 SW 148 STREET. MIAMI, FL 33176 SUITE RICH BOCHNIVICH 305-794-6832 NIELSON, ALTER & 8000 ASSOC. SQUARE . LAKES, GOVERNORS BLVD MIAMI FL 33016• CHARLES D. NIELSON 305-773-2680 Metro Equipment Service, Inc. Licens es i 5TATQ16F FLORIDA DEPAR✓i'ENT OF BUSINESS AND PROFESSIONAL RBGULATYON If CONSTRUCTION INDUHTRY LICRNB]NO BOJU 1.940 CgRTH MOHROS GTREBT TALLA A8868 FL 32399-O783 r' • t i GODOY, s 1itcs Lore METRO aQ EPMHNI. 88RVICB, INC. 7171 SW 2 AVB S5U2 MIAMI FL 33143 Congratulations! With thls'Uoonse you become one of the nearly one million Floridians licensed by the aria -nerd of Business and Professional Regulation. Our processionals and boon ses range from architecle to yacht brokers, from boxers to barbeque reataurarjle, and they keep Florida's economy strong. Every day we work to Imps J the way we do business In order to serve you better For Information about our k.ei•VIces, Please Iog onto wuwr.myilortddecrnsr-corn. There you cen find more tnfri nallon about our divisions and the regulations that Impact you, subscribe to department newsletters and Isom more about the Department's Initiatives. Our mission at Uie Department Is: License Efficiently , Regulate Fey. Wa constantly striverve to se1�that bolter so at you can servea your r customers. Thank you for doing buslnrss in Florida, and congratulations on your now license! t i r l AC#.: DETACH HERE ' IICo5492 :'•:METRO: do (DSO) 497-1395 .l;n ivKYr F= .'•29?f�'ZaTrr iy ucQw lO.=:pcwl�lap/•p[•m:i89 i! �, k� •,nor 3i`, 7q�1� }; J.1i07,10A ki01 : r 1I811t:t'IILih 1.6Hnti 4T; r i .tt 1e(•K1,4l : Iri ti l ,.L .1,000di vt'1•lydAHh`"GATE NIrrI rel•PR i+�w^.: .; Er... uatt fiAl;ll:fillvlRFR';. O7J10jRo12„ 227aQ113U..i<LifTCoS` 'i The •'ONDRRnROnj ►1?� 1f I�r7� ''�: 81CCX Named: lief , o —p , 8 CSATrIP�,SD under' the••avit3i; ilia o'f'Chap[ Expiraation CODO$;, ,t01it R? i r.II : s ` c' i Ai r:'"• r. METRO EQUIP $ii?NIC ;r 7171 SW 62' ,,ly .st . e.C.:�•;_ . l[FJ. iI l; FL 3143"',�! )fl 'ti,!,- 4.# 61C ::660TT GOVER11011 '': law LAWBON SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION • CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 BALSINDE, ALEJANDRO J METRO EQUIPMENT SERVICE, INC 10101 SW 35 TERRACE MIAMI FL 33143 • •--e&rgratulations! With -this licenseyoU hecoTne o�ic-or�itre nea�ly'oile m!ilion ' -Fieriflrafrs.-licensed by -the Department of•Business and•Professional-Regtitatron:s' Our professionals and businesses range from architects to yacht brokers, from boxers to barbecue restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better: For Information about our services, please log onto www.myfioridalicense.com. ' There you can find more information about our divisions and the regulations that . impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly, We constantly strive to serve you better so that you can serve your customers. • Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE STATE OF FLORIDA ACC 6 Z 9 4 S 3 _DEPARTMENT OF `EfiSTN�SS-•�::; �: PROFESSIONAL ItEGLiIATION CGC1519987- :i0/1.6/12 128005595 CERTIFIED': GENERAL...: ONTRACTOF2 v'i SAL521E., ,:' E:,,_,: METRO $QUIP.•23E177'=SE VICE, INC IS CERTIFIED under the provisions of cb,489 gg Expiration data: AUG 31, 2 614 L12071001018 3 -' _ ,'. <,h . , z� 1lSDOCUMENTUAS`ACOLOR®BACKGROUNQ 1V11CROPAl11TTINGplIVIEIVIAFIKTIPATENTEDPAPER C# 6194513 STATE•OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTI.ON INDUSTRY LICENSING BOARD SEQ#L12071001018 LICENSE NBR 07110/2012. 12:8005595 CGC151998-7•‘• The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter : Expiration date: AUG 31, 2014 BALSINDE, ALEJANDRO METRO EQUIPMENT SERVICE, INC 10101 SW 35 TERRACE MIAMI FL 33143 • RICK SCOTT KEN LAWSON -Ti- February 28, 2013. Contract : "Installation of 16" HDPE & 12" DIP Force Main at Bear Cut Channel " ( S-742) Owner: "M.D.W.S." Contractor: "Metro Equipment Service, Inc." Sub -Contractor: "Lanzo Lining, Inc." Metro Equipment Service, Inc. , performed this Contract with MDWS. We were asked to quote the Lining of a 12" Force Main as a Change Order which is specialized work. We contracted "Lanzo Lining who is the most qualified Company to do the work. Lanzo was not able to line the pipe properly and did not pass a Pressure Test. They attempted to correct the problem but were unsuccessful. MDWS denied payment and asked Metro Equipment Service to remove the pipe as originally contracted to do. Lanzo sued Metro Equipment Service and Miami Dade Water & Sewer for payment on work that failed. After months of litigation Metro decided to settle with Lanzo in order to avoid from having the owner dragged into this protracted litigation. This case was settle in October of 2012 . "Metro Equipment Service,. Inc." 9415 S.W.72 St. Suite # 131 Miami — FL — 33173 (305) 740-3303 off. (305) 740-3305 fcrx. -IMPORTANT ADDENDUM - CITY OF MIAMI, FLORIDA ADDENDUM No. 1 ISSUED July 1, 2013 TO —MECHANIC—AL ENGINEERING S-ERV-ICES-FOR-RIVERVIEW AND-- - - — - LAWRENCE PUMP STATION (Second Bidding), M-0079 BID No. 12-13-054 ***********:* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ALL BIDDERS ARE HEREBY NOTIFIED AND INSTRUCTED TO DO AS FOLLOWS: CHANGE 1 OF 2: The Bid Proposal Item #1 has been changeelto reflect the existing conditions at the Lawrence Pump Station, 342 SW 7 Avenue Miami Florida 33130. The City has purchased a new 15,000 GPM Axial Flow pump so it will be removing one (1) pump and two (2) motors. Substitute Bid Proposal Page 24 for the Revised Bid Proposal Page 24. CHANGE 2 OF 2: Delete Bid Proposal Item #4. The City has purchased and installed a new 15,000 GPM Axial Flow pump. All pertinent items related to the installation of the new motor and the electrical and mechanical connections will remain as part of this contract. * 4..1 THIS ADDENDUM IS AN ESSENTIAL PART OF THE CONTRACT DOCUMENTS AND SHALL BE MADE A PART THEREOF. BIDDERS SHALL SUBMIT THIS ADDENDUM AS PART OF THEIR BID AND SIGN BELOW. ALL REMAINING TERMS AND CONDITIONS REMAIN IN FULL FORCE IN EFFECT. n Nzeribj erry) Ihekwaba, P.E., Director Department of Public Works Page 1 of 2 00400. PROPOSAL BID FORM: (Pag 9of10) REVISED PAGE 24 ITEMS 00402 ..` SCHEDULE. OF BID` PRICES PAY ITEMS , M-0079 .:. ; Pay•Item Description ;•;Page 1;:of 1 I :'Item Cost Itom ` Quantity: Total.Cost=Item ..Cost" Item Ruantity. ,,, 1 LAWRENCE STORWATER PUMP STATION 1 Lump Sum price for furnishing properly dispose of ONE reserves the right to retain all labor, equipment, and materials necessary to remove and (1) Axial Flow Pumps and TWO (2) electrical motors. The City: any components as spare parts at the City's sole option. � $ Lump Sum $ 2 For furnishing all labor, 20,000 GPM Axial Flow equipment, and materials necessary to install one (1) Fairbanks Morse Pump, including base plates and any other necessary appurtenances. I • $ 1 $ 3 For furnishing all labor, HP electric motor. equipment and materials necessary to install one (1) U.S. Motors 200 I $ 1 $ 4 For furnishing al'lament, 15,000 GPM Axial Fl materials necessary to install one (1) Fairbanks -Mors $ 0 $ and Pump. I 5 For furnishing all labor, HP electric motor. quipment and materials necessary to install one (1) U.S. Motors 150 1 $ 1 $ 6 For furnishing all labor, controller package in a quipment and materials necessary to install a complete pump station cordance with the project plans and specifications. $ 1 $ 7 For furnishing all labor, for both motors betwee quipment and materials necessary to install two (2) motor soft starter 150 and 200 HP. 1 $ 2 $ Additive Item 1 Provide all labor, equiprent, components and housings limited to, all wires, con etc., as indicated by th conduits with weatherh and materials necessary to install all needed electrical not specifically mentioned above, including, but not necessarily uits, cabinets, ground rods, switchboards, circuit breakers, buse , project plans and specifications including the installation of two (2) ads on the current transformers cabinet & for the required conductors. $ 1 $ Additive Item 2. • Provide all necessary labor, underground conduits witl1 transformers. I equipment, and materials to install concrete pad, fence and run, and , service conductors needed to connect service panel to pad mounted $ 1 $ Bid No. 12-13-054 1 Page 24 Ihekwaba, Nzeribe From: Helmers, Leonard J Sent: Tuesday, August 13, 2013 2:28 PM To: Ihekwaba, Nzeribe; Santana Jr., Juvenal Cc: Revuelta, Sheiza; Bachtiar, Abraham Subject: RE: Miami Lighthouse for the Blind Street Trees in ROW - 601 SW 8 Avenue Attachments: Public Works policy for the installation of New Street Trees New trees are not a requirement for this permit application. We are awaiting the re -submittal of the proposed construction plans to complete the Public Works review. Our street tree policy is attached. From: Ihekwaba, Nzeribe Sent: Tuesday, August 13, 2013 12:50 PM To: Helmers, Leonard 3; Santana Jr., Juvenal Cc: Revuelta, Sheiza Subject: RE: Miami Lighthouse for the Blind Street Trees in ROW - 601 SW 8 Avenue Importance: High Has this been resolved? From: Helmers, Leonard J Sent: Thursday, August 08, 2013 3:23 PM To: Ihekwaba, Nzeribe Subject: RE: Miami Lighthouse for the Blind Street Trees in ROW - 601 SW 8 Avenue Will do on the Code reference to 54-56 and that the City Code does not require street trees. Zoning Code Section 9.5.3 (reprinted below) requires street trees as part of the project development and the Zoning Administrator enforces this requirement. Public Works Engineering Standard Cross Sections and Bulletin No. 33 establish the standards for placement of street trees but do not require street trees. I have no knowledge how Public Works began to enforce the Zoning requirement other than to provide the standards for installation and to assess obstructions. If you agree, I will instruct staff only to regulate the standards for placement of trees within the right of way and to identify obstructions, i.e. utilities, driveways, visibility triangles, ADA compliance. reel a. Tree Size All trees, except street trees, shall be a minimum of twelve (12) feet high and have a minimum caliper of two (2) inches at time of planting, except that thirty (30) percent of the tree requirement may be met by native species with a minimum height of ten (10) feet and a minimum caliper of one and one-half (1 1/2) inches at time of planting. b. Street tree size and spacing Street trees shall be of a species typically grown in Miami -Dade County which normally mature to a height of at least twenty (20) feet. Street trees shall have a clear trunk of four (4) feet, an overall height of fifteen (15) feet and a minimum caliper of three (3) inches at time of planting, and Ix.11 AS ADOPTED - APRIL 2012 1 shhall beprov,ded alongaalifroadways at a,maximur`n :average spae ng of thirty (30) feet on center, except as otherwise p6. rovided in this Article. The thirty (30) foot average spacing requirement for multiple single family units and townhouse shall be based on the total lineal footage of roadway for the entire project and not based on individual Lot widths Street ',�. 7 7 "`F �. 'i ry',s "7`Jr a S� .. - � f %y7 �.. trees shall be placed within the Swale area or shall be placed on private propertywhere demoynstrated to be'necessary dto nghtof wayb Lostructions as determined by the PublicWorks epa Drtment ue. Street trees planted along private roadways shall be placed within seven (7) feet of the edge of roadway pavement and/or where present within seven (7) feet of the sidewalk. From: Ihekwaba, Nzeribe Sent: Thursday, August 08, 2013 2:52 PM To: Helmers, Leonard J; Santana Jr., Juvenal Cc: Revuelta, Sheiza Subject: FW: Miami Lighthouse for the Blind Street Trees in ROW - 601 SW 8 Avenue Importance: High Len - please see belowhighlighted text and advisestaff that the referenced article is not Zoning Code, and more importantly, it does not require new ROW tree planting. Thanks. From: Revuelta, Sheiza Sent: Thursday, August 08, 2013 12:35 PM To: Ihekwaba, Nzeribe Subject: FW: Miami Lighthouse for the Blind Street Trees in ROW - 601 SW 8 Avenue Importance: High FYI From: Nagger, Regina Sent: Thursday, August 08, 2013 12:34 PM To: Jennie Rogers Cc: MaryAnn Pando-Avdakov; Estevez, Elyrosa; Santana Jr., Juvenal; Revuelta, Sheiza; Helmers, Leonard J; ines.marrero©hklaw.com Subject: RE: Miami Lighthouse for the Blind Street Trees in ROW - 601 SW 8 Avenue Importance: High Dear Jennie, 1 just called your office today at 9:21 am, but you were not available. I left a message with the receptionist. I also called Ines Marrero directly after that and discussed this application with her. We have been discussing this project since April 3, 2013. As per Section' orgri Code of inances (see attached) you are required to make improvements to public road right of way IF your pro project is over proposed p 1000 square feet or $100,000. Miami21 Article 9.5.3 (see attached) states the requirements for street tree planting in the public road right-of-way. I also attached the City of Miami Tree Replacement Options (see attached). Here is the time line: ® April 3, 2013 Application sent to MaryAnn Pando-Avdakov (see attached). 2 • May 28, 2013 MaryAnn Pando-Avdakov states that the client want to contribute to the Tree Trust Fund in lieu of planting (see attached). o May 29, 2013 I requested plan submittal to MaryAnn Pando-Avdakov in order to calculate the Tree Trust Fund Contribution amount based upon a signed & sealed property survey. o July 17, 2013 I review the Proposed Landscape Plan Sheet 1 of 2. Please see the attached plan review comments. Your client's options are: 1. Plant street trees in the road right of way within City of Miami Commission District #3 2. In lieu of planting, make a contribution into the City of Miami Tree Trust Fund 3. Plant trees on private property adjacent to the road right of way where the trunk of the proposed tree is located within 7 feet of the Base Building Line (BBL) 4. Some combination of the above options numbered 1-3 Please let me know which of the above options that you client would like to proceed with. Sincerely, Regina L. Hagger, G/SP GIS Developer City of Miami Public Works Department 444 SW 2nd Avenue 8th Floor Miami, FL 33130 Phone:(305) 416-1749 Fax: (305) 416-1278 E-mail: rhagger@miamigov.com From: Jennie Rogers [mailto:Jennie@curtisrogers.com] Sent: Wednesday, August 07, 2013 5:54 PM To: Hagger, Regina Cc: MaryAnn Pando-Avdakov Subject: Miami Lighthouse for the Blind Trees in ROW Regina, I have been trying to reach you regarding this project. You have stated in your response to this project that existing trees that are within 7' of the back of the sidewalk cannot count as street trees. However, Section 8.2.6.3.2 of the City of Miami Landscape Ordinance states (See copy attached) that "Street trees are to be placed within the swale area or shall be placed on private property where demonstrated to be necessary clue to right-of-way obstructions as determined by the public works department. Street trees planted along private roadways shall be placed within seven feet of the edge of roadway pavement and/or where present within seven feet of the sidewalk" You have emphasized that only NEW trees within seven feet of the sidewalk can be counted in your notes. Why? .Nowhere in the Code do I see this. This is an existing property that is making improvements that are substantial enough that they have to bring their street trees up to code. They already have 7 existing trees, that by the code's definition meet this requirement of a street tree that you have denied six of (There is only enough swale surrounding this property to accommodate one street tree — that means that ALL of the others have to be within the 3 private property). If the owner removed their existing trees and planted NEW ones in the exact same place, according to your notes, they would count as street trees — this cannot possibly be right?? Why would the City want them to take down healthy established trees and replace with new young trees? We would really like you to show us where in the Code it is written that existing trees cannot count as street trees, because we have never seen that in the Code and spend a lot of time reading it. If these existing trees were in a swale area would they count? I think they would, and I have had Public Works count them before. When, as in this case, it is physically impossible to plant street trees in a swale, the property owner should put them within seven feet of the sidewalk — that is obviously what someone did many years ago when the site was first developed. I ask you to seriously look at this project again, and please provide some type of published document to back up your claim of the denial of these trees, as we have presented you with documentation stating that the should not be denied. This is a facility of a charitable organization for the Blind and Visually impaired. They are willing to plant 14 new trees, which is all they have room for, UNLESS they remove existing trees. They are not being unreasonable, and are understandably upset with the City. I have requested a meeting with you and called numerous times. I would very much like to understand the reasons for your comments as they do not appear to coincide with the City Code Documents. I am available Tuesday -Friday 9 am — 5 pm at 305-442-1774. Please, call me so we can discuss. Jennie Rogers, RLA, LEED AP Curtis + Rogers Design Studio, Inc. 7520 S. Red Road, Suite M South Miami, FI. 33143 305-442-1774 4 Legal Descriptions Brickell CityCentre North Squared IBCCN21 LOTS 1 THROUGH 7, IN BLOCK 108 SOUTH, OF S.L. & J.B. PATTERSON AND J.F. & B.T. OLIVE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 77, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; LESS AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PARCEL CONVEYED BY ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 11810, PAGE 2274, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. {26905965;1} 1 Legal Descriptions Brickell CitvCentre North (BCCNI LOTS 1 THROUGH 6, THE WEST HALF OF LOT 7, AND LOTS 9-14, BLOCK 107S, OF PATTERSON AND OLIVE SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK B, AT PAGE 77, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PARCEL CONVEYED BY RIGHT-OF-WAY DEED RECORDS IN OFFICIAL RECORDS BOOK 25161, PAGE 1547, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. MDT PARCEL Leasehold estate create by, through and under that certain Brickell Parcel A Vacant Land Lease approved April 3, 2012 by the Miami -Dade County Board of County Commissioners, by and between Miami -Dade County, a political subdivision of the State of Horida, through Miami -Dade Transit, as landlord, and Swire Properties Inc., a Florida corporation, as tenant, as assigned by Assignment and Assumption of Brickell Parcel A Vacant Land Lease dated April 25, 2012 made by Swire Properties Inc. to Brickell CitiCentre North, LLC in the following described lands: PORTIONS OF LOT 7 AND LOT 15, BLOCK 107S, PATTERSON AND OLIVE SUB., ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "B", PAGE 77, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 7; THENCE S87°48'07"W ALONG THE NORTH LINE OF SAID LOT 7 AND THE SOUTH RIGHT OF WAY LINE OF SOUTHEAST 6TH STREET, 7.47 FEET TO THE POINT OF BEGINNING; THENCE S02°15'18"E, 299.98 FEET TO A POINT ON THE SOUTH. LINE OF SAID LOT 15 AND THE NORTH RIGHT OF WAY LINE OF SOUTHEAST 7TH STREET, 42.53 FEET TO THE SOUTHWEST CORNER OF SAID LOT 15; THENCE NO2°15'18"W, ALONG THE WEST LINE OF SAID LOT 15, 149.99 FEET TO THE NORTHWEST CORNER OF SAID NORTH LINE OF SAID LOT 15 AND THE SOUTH LINE OF SAID LOT 7, 25.00 FEET; THENCE NO2°15'18"W, 149.99 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 7 AND THE SOUTH RIGHT OF WAY LINE OF SOUTHEAST 6TH STREET; THENCE N87°48'07"E, ALONG THE NORTH LINE OF SAID LOT7 AND THE SOUTH RIGHT OF WAY LINE OF SOUTHEAST 6TH STREET, 17.53 FEET TO THE POINT OF BEGINNING. SAID LAND LYING IN THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA, CONTAINING 9,009 SQUARE FEET (0.2068 ACRES) MORE OR LESS. {26905943;1} 1 00710. FORM OF PERFORMANCE BOND (Page 1of 3) BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No: 12- 13-054, awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all Work and materials furnished- under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. 4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or Bid No. 12-13-054 Page 46 00710. FORM OF PERFORMANCE BOND (Page 2 of 3) 4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion Tess the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amountproperly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of 20 Bid No. 12-13-054 Page 47 CORPORATE RESOLUTION WHEREAS, desires to enter into an agreement with the City of Miami for the purpose of performing the work described in -.- the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the (type title of officer) , is hereby authorized (type name of officer) and instructed to enter into a contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of , 20 Chairperson of the Board of Directors Corporate Secretary (Corporate Seal) Bid No. 11-12- Page48 00710. FORM OF PERFORMANCE BOND (Page 1of 3) BY THIS BOND, We , as Principal, hereinafter called Contractor, and • , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No: 12- 13-054, awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract'; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorneys fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. 4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.1. Complete. the Project in accordance. with the terms and conditions of the Contract Documents; or Bid No. 11-12- Page49 00710. FORM OF PERFORMANCE BOND (Page 2 of 3) 4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 Bid No. 11-12- Page 50 00710. FORM OF PERFORMANCE BOND (Page 3of 3) WITNESSES: Secretary By: (CORPORATE SEAL) (Name of Corporation) (Signature) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No.: Bid No. 11-12- Page51 00720. FORM OF PAYMENT BOND (Page 1of 3) BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No. 12- 13-054, awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract'; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety Bid No. 11-12- Page52 00720. FORM OF PAYMENT BOND (Page 2 of 3) (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the longer of the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or Section 95,11,Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 ATTEST: Contractor (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 Bid No. 11-12- Page 53 00720. FORM OF PAYMENT BOND (Page 3 of 3) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No.: Bid No. 11-12- Page54 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. Secretary (on behalf of) Corporation (SEAL) STATE OF FLORIDA SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this day of , 20 My commission expires: Notary Public, State of Florida at Large Bonded by Bid No. 12-13-054 Page 55 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2) Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Amount: in United States Funds Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part of (contractor, applicant, customer) agreed upon by and between the City of Miami, Florida and (contractor, applicant, customer), pursuant to Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) Bid No. 12-13-054 Page 56 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the Contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature Bid No. 12-13-054 Page 57 00800. GENERAL CONDITIONS: 1. -Contract Documents: 1.1. The Contract Documents includes any Scope of Work and technical specifications attached hereto. 1.2. The Contract Documents, along with all documents that make up and constitute the Contract, shall be followed in strict accordance as to Work, performance, material except when the City may authorize, in writing, an exception. 1.3. Contractor shall not proceed with any Work when in doubt as to the Work, and shall seek clarification from Project Manager/Engineer. 2. Intention of City: It is the intent of City to describe in the Contract Documents a functionally complete Scope of Work to be performed in accordance with the Contract Documents and in accordance with all codes and regulations governing the Work. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. When words, which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. Please refer to the Public Works Department - STANDARD CONTRACT DOCUMENTS AND SPECIFICATIONS FOR PUBLIC WORKS PROJECTS. 3. Terms of the Contract The successful bidder shall be required to enter into a contract with the City of Miami, which shall include but not limited to, the following terms: The term of the Contract shall be for a six (6) months period. Extension of the term of the Contract beyond the initial period is an option to the City to be exercised in its sole discretion, and which does not confer any rights upon the Bidder, and shall be based on availability of funding and contractor's performance. The City shall have the right to terminate the Contract, for any reason whatsoever and at any time, upon thirty (30) days prior notice to the bidder. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City with continual service while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. 4. Preliminary Matters: 4.1 Within ten (10) days after the award of the Contract the City shall hold a kick-off meeting with the Contractor. The City may require that the Sub -Contractors also attend this meeting. 5. Performance Bond and Payment Bond: Within fifteen (15) calendar days of being notified of the award, Contractor shall furnish a Performance Bond and a Payment Bond containing all the provisions in the forms attached hereto. 5.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in such Bid No. 12-13-054 Page 58 Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a Surety, which is qualified pursuant to Article 5, below. 5.2. If applicable, each Bond shall continue in effect for one year after Final Completion and acceptance of the Work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 5.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above -- shall be recorded in the public records of Miami -Dade County and provide City with evidence of such recording. 5.4. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of security, which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. Bid No. 12-13-054 Page 59 6. Qualification of Surety: 6.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 6.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 6.1.2. The Surety shall hold a current certificate of authority as acceptable surety on — federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwritinglimitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 6.1.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial Holders Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class ....III 5,000,001 to 10,000,000 A Class ... IV 10,000,001 to 25,000,000 A Class ....V 25,000,001 to 50,000,000 A Class ...VI _. _ .__.._50,000,001 or more A Class ._ .. VII 6.2. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a Surety which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the Surety is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. A Certificate and Affidavit so certifying should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. Bid No. 12-13-054 Page 60 6.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 7. Indemnification: 7.1 The Licensee shall indemnify, protect, defend, release, and hold City, its officers, officials, employees, agents, representatives, and servants (collectively, the "Indemnitees") harmless from and against all claims, damages, liabilities, civil actions, statutory or similar claims, injuries and losses, including but not limited to reasonable attorneys' fees and court costs, incurred by any and all of the Indemnitees in relation to Licensee's Scope of Work at the Property, incurred to the Property or to anyone on the Property as a result of negligent actions or omissions taken by the Licensee, any of its agents, employees, representatives, contractors, sub -contractors, or consultants performing the Scope of Work or any other activities on Licensee's behalf or even if it is alleged that the City, its officials and/or employees were negligent, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the. City, its officials and/or employees. Licensee hereby voluntarily and knowingly waives any and all claims against the Indemnitees for personal injuries or property damages sustained by the Licensee, its agents, employees, representatives, contractors, sub- contractors or consultants arising out of or related to the activities undertaken by the Licensee, its agents, employees, representatives, contractors, sub -contractors, or consultants upon the Property or in connection with the purpose and releases the Indemnities from any and all claims and liabilities in connection therewith. This indemnity provision shall be construed as being in accord with §725.06 and §725.08, Fla. Stat., commence on the Effective Date and shall survive the termination or expiration of this Agreement, as applicable. Licensee acknowledges that the grant of this Agreement is good, separate and distinct consideration afforded by the City for this Indemnification. 7.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by Section 7.1 above which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. , 8. Insurance Requirements: 8.1. Without limiting any of the other obligations or liabilities of Contractor, Contractor shall provide, pay for, and maintain in force until all of its Work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein. 8.1.1. Workers' Compensation insurance to apply for all employees in compliance with the 'Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: 8.1.1.1. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by an accident, each accident. One Million Dollars ($1,000,000.00) Dollars each bodily injury- caused - by disease, each employee. One Million Dollars ($1,000,000.00 Dollars each bodily injury caused by disease, policy limit. 8.1.1.2 Waiver of subrogation 8.1.2. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. General Aggregate Limit of Two Million Dollars ($2,000,000.00). Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Bid No. 12-13-054 Page 61 [ X ] 8.1.2.1. Premises and/or Operations. [ X ] 8.1.2.2. Independent Contractors. [ ] 8.1.2.3. Products and/or Completed Operations for contracts with an Aggregate Limit of Two Million Dollars ($2,000,000.00) per project. Contractor shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. [ ] 8.1.2.4. Explosion, Collapse arc TJnderground Coverages. [ ] 8.1.2.5. Broad Form Property Damage. [ ] 8.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [X ] 8.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [ X ] 8.1.2.8. City is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for City by or on behalf of Contractor or acts or omissions of Contractor in connection with general supervision of such operation. [ ] 8.1.2.9. Employee included as insured. [ X ] 8.1.2.10. Contractual Liability. [ X ] 8.1.2.11. Waiver of Subrogation. [ X ] 8.1.2.12. Personal and Advertising Injury. [ X ] 8.1.2.13.Loading and Unloading. [ X ] 8.1.2.14.Mobile Equipment (Contractor's Equipment) whether owned, leased, . borrowed or rented by Contractor or employees of the Contractor. 8.1.3. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 7.1.3.1. Owned Vehicles. 7.1.3.2. Hired and Non -Owned Vehicles. 7.1.3.3. 7.1.3.4 7.1.3.5 Employers' Non -Ownership. Employees included as insured City of Miami as Additional Insured [X ] 8.1.4. Umbrella Policy 7.1.4.1. Bodily injury and property damage liability with limits of Two Million Dollars ($2,000,000) each occurrence and an aggregate limit of Two Million Dollars ($2,000,000). Bid No. 12-13-054 Page 62 7.1.4.2. Products/Completed operations aggregate limit of Two Million Dollars ($2,000,000). Excess coverage over the policies as follows: 61 Commercial General Liability :Business Automobile Liability [ ] 8.1.5. Installation Floater for the installation of machinery and/or equipment into an existing structure is required. The coverage shall be "AII Risk" coverage including installation and transit for 100 percent of the "installed replacement cost value," covering City as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 8.1.5.1. Cessation of Insurance --Coverage is not to cease and is to remain in force (subject to cancellation notice) until final acceptance by City. 8.1.5.2. Flood Insurance —When the machinery or equipment is located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structure, or, the maximum amount of flood insurance coverage available under the National Flood Program. [ X ] 8.1.5. Owners Contractors Protective — City of Miami — Limits of Liability for Bodily Injury & Property Damage Liability shall be in the amounts of $1,000,000.00 for each occurrence and $1,000,000.00 in the aggregate [ X ] 8.1.6 Employer's Liability — Limits of Liability $500,000 for bodily injury caused by accident, each accident $500,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit 8.1.7 Marine General Liability, including coverage for protection and liability in the amount of $1,000,000 8.1.8. . Pollution_Liability in.the. amount of $1,000,000 8.1.9 Jones Act coverage for captain and crew 8.2. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. 8.3. Notice of Cancellation and/or Restriction —The policy(ies) must be endorsed to provide City with at least thirty (30) days notice of cancellation and/or restriction. 8.4. Contractor shall furnish to the Public Works Department Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. 8.5. The official title of the Owner is the City of Miami, Florida. This official title shall be used in all insurance documentation. 9. Labor and Materials: 9.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, diesel, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether Bid No. 12-13-054 Page 63 temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.2. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. 10. General Requirements 10.1. The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of its departments. 10.2. The Contractor agrees that the Contractor will at all times employ, maintain and assign to the performance of the Project a sufficient number of competent and qualified personnel to meet the requirements of the Work to be performed. The Contractor shall have employed at the time of bidding sufficient numbers of competent and qualified employees to meet the requirements of the Work to be performed, and upon request by the City, the Contractor shall provide a list of these employees. 10.3. The Contractor agrees to adjust staffing levels or to replace any staff personnel if so ordered by the City, should the City make a determination, in its sole discretion, that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. 10.4. The Contractor represents that its staff personnel have the proper skills, training, background, knowledge, experience, rights, authorizations, integrity, character and licenses as necessary to perform the Work, in a competent and professional manner. 10.5. The Contractor shall at all times cooperate with the City and coordinate its respective Work efforts to most effectively and efficiently progress the performance of the Work. 10.7. The Contractor shall be responsible for the good condition of the Work or materials until formal release from his obligations under the terms of this Contract. 10.8. Contractor shall bear all losses resulting to him on account of the amount or character of the Work, or the character of the ground, being different from what he anticipated. 10.9 The Contractor shall at all times conduct the Work in such manner and in such sequence as will insure the least practicable local interference. 11. Worker's Identification The Contractor's employees, who include any subcontractor, shall wear an identification card provided by the Contractor. The identification card shall bear the employee's picture, name, title and name of the employer. Failure by a Contractor's employee to wear such identification may result in his removal from the Work until such time as the identification card is obtained and worn. Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time. 12. Royalties and Patents: - All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said Work. 13. Weather: No extensions to the Contract Period will be granted for weather related delays unless by a hurricane, City declared emergency or other occurrences that result in the City issuing a Stop Work Order. Bid No. 12-13-054 Page64 14. Permits Licenses and Impact Fees: 14.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Contract shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 14.2. Impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 15. Resolution of Disputes: 15.1 To prevent all disputes and litigation, it is agreed by the parties hereto that the Public Works Director shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and Contract Administrator's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Article 15.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of City and Contractor shall be submitted to the City in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, the Public Works Director shall notify the Contractor in writing of his/her decision within twenty-one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless the Public Works Director requires additional time to gather information or allow the parties to provide additional information. All non -technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, Contractor, and City shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 15.2. In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Value adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 16. Inspection of Work: 16.1. The City shall at all times have access to the Work, and Contractor shall provide proper facilities for such access and for inspection. 16.1.1. Reexamination of any of the Work may be ordered by the City with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Bid No. 12-13-054 Page 65 Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. 16.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of the Contract Documents, nor to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of the City. 16.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 17. Authority Of The City Project Manager 17.1. The Contract Administrator hereby authorizes the Project Manager to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed. 17.2. The Contractor shall be bound by all determinations or orders of the Project Manager and shall promptly respond to requests of the Project Manager, including the withdrawal or modification of any previous order, regardless of whether the Contractor agrees with the Project Manager's determination or requests. Where requests are made orally, the Project Manager will follow up in writing, as soon thereafter as is practicable. 17.3. The Project Manager shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Contractor shall be issued in writing. All instructions to the Contractor shall be issued through the Contract Administrator or the Project Manager . 17.4. The Project Manager shall have access to the Work Site(s) at all times. The Contractor shall provide safe facilities for such access so the Project Manager may perform their functions under the Contract. The Project Manager will make periodic visits to the Work Site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. 17.5. The Project Manager will not be responsible for Work means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract. 17.6. The Project Manager will have authority to reject Work that does not conform to the Contract requirements, whenever, in his or her opinion, it is considered necessary or advisable to insure the proper implementation of the Contract. Neither The Project Manager's authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager to the Contractor, any subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. 17.7. All interpretations and recommendations of the Project Manager shall be consistent with the intent of the Contract. 17.8. The Project Manager will not be responsible for the acts or omissions of the Contractor, any Sub -Contractor, or any of their agents or employees, or any other persons performing any of the Work. 18. Superintendence and Supervision: 18.1. Contractor shall keep on the Work during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to the City. The Bid No. 12-13-054 Page 66 superintendent shall not be changed except with the written consent of the City, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by the City upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. The City shall be provided telephone number(s) for the superintendent where the superintendent can be contacted during normal working hours as well as after hours for emergencies. 18.2. If in the course of prosecuting the Work, the Contractor finds any issues or conditions affecting the performance of the Work, it is their duty to immediately inform the Project Manager, in writing, and the Project Manager -will promptly review -the same. Any Work done after such discovery, until authorized, will be done at Contractor's sole risk. 18.3. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 18.4 Contractor shall provide 24-hour a day, 7 day a week emergency contact numbers for the superintendent and the superintendent's supervisor. 19. Methods of Performing The Work 19.1. If, the Project Manager reasonably determines that the Work is not such as to insure its completion within the approved schedule, or if, in the opinion of the Project Manager, the Contractor is not proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work according to the progress schedule accepted by or determined by the Project Manager, the Project Manager shall have the right to order the Contractor to do either or both of the following: (1) improve its work force; and/or (2) improve its performance in accordance with the schedule to insure completion of the Work within the specified schedule. The Contractor shall immediately comply with such orders at no additional cost to the City. The City at its sole option may also have Work performed by a third party contractor and deduct such cost from any monies due the Contractor. 19.2. Where materials or equipment are transported in the performance of the Work, vehicles shall not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to the satisfaction of the Project Manager. 20. City's Right to Terminate Contract: 20.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the commencement date as indicated in the Notice to Proceed, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to Contractor and its Surety of such delay, neglect or default, specifying the same. If Contractor, within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, the City will terminate the services of Contractor, exclude Contractor from the Work Site(s) and take the prosecution of the Work out of the hands of Contractor, and appropriate or use any or all materials and equipment on the Project site as may be Bid No. 12-13-054 Page 67 suitable and acceptable. In such case, Contractor shall not be entitled to receive any further payment until the Work is completed. In addition City may enter into an agreement for the completion of the Work according to the terms and provisions of the Contract Documents, or use such other methods as in City's sole opinion shall be required for the completion of the Work in an acceptable manner. All damages, costs and charges incurred by City, together with the costs of completing the Work, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by City shall exceed the unpaid balance, then Contractor shall be liable and shall pay to City the amount of said excess. In such event, the contractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the_ Contractor was not in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for convenience of the City of Miami. 20.2: If after- notice of termination of Contractor's right to proceed, it is determined for any reason that Contractor was not in default, the rights and obligations of City and Contractor shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Article 20.3 below. 20.3. This Contract may be terminated for convenience in writing by the City Manager or the City Commission upon ten (10) days written notice to Contractor (delivered by certified mail, return receipt requested, hand delivery or courier) of intent to terminate and the date on which such termination becomes effective. In such case, Contractor shall be paid for all work executed and expenses incurred prior to termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services, which have not been performed. 20.4. Upon receipt of Notice of Termination pursuant to the above, Contractor shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 21. Assignment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the City Commission. 22. Contractor's Use Of Work Site(s) 22.1. Limitations may be placed on the Contractor's use of the Work Site and such limitations will be identified by the City. 22.2. The Contractor shall limit its use of the Work Site(s), so as minimize impact and disruption to the surrounding areas and residents 21.2.1 The Contractor shall: a. Confine operations at the Work Site to the areas permitted by the Project Manager; not disturb portions of the Work Site beyond the specified areas; conform to Work Site rules and b. Assume all responsibility for its tools, equipment and materials, including any materials purchased for the Work, and its vehicles while performing Work for the City and/or while parked at a City facility. The City assumes no liability for damage to the items specified in this paragraph. c. Access to and egress from the Work Site(s) shall be subject to the approval of the Contract Administrator or the Project Manager Bid No. 12-13-054 Page 68 23. Interfering Structures and Property Take necessary precautions to prevent damage to existing structures and property when accessing the Work Site(s). The Contractor is solely responsible for any damage to personal, City or other public property. 24. Site Investigation and Representation 24.1 The Contractor acknowledges that it has satisfied itself as to the nature and location of the Work, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, the conformation and conditions at - the ground, the type of equipment and facilities needed preliminary to and during the prosecution of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. 24.2 The Contractor further acknowledges that he has satisfied himself as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory work that may have been done by the City or included in the Contract Documents. Any failure by the Contractor to acquaint himself with all the available information will not relieve him from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. 25. Contractor's Responsibility for Damages and Accidents: Contractor shall be responsible for all materials, equipment and supplies pertaining to the Work. The City assumes no responsibility or liability in the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed. 26. Accidents The Contractor shall provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to persons who may be injured during the Project duration. The Contractor shall also comply with the OSHA requirements as defined in the United States Labor Code 29 CFR 1926.50. In addition, the Contractor must report immediately to the Project Manager every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. 27. Safety Precautions 27.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 27.1.1.AII employees on the Work Site(s) and other persons who may be affected thereby; 27.1.2 Other property at the Work Site(s) or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 27.2. Contractor shall designate a responsible member of its organization at the Work Site(s) whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to City. 27.3. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect Bid No. 12-13-054 Page 69 them from damage, injury or Toss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in the Contract Documents, caused directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed the City has issued a notice to City and Contractor a notice of Final Acceptance. 27.4 Contractor must adhere to the applicable environmental protection guidelines for the duration of the Contract. If hazardous waste materials are used, detected or generated - at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. 27.5. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards. 27.6 If an emergency condition should develop during the Work, the Contractor must immediately notify the Project Manager of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager. 28. Warranty of Materials: Contractor warrants to City that all materials furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from defects and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Project Manager, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract Documents. 29. Manufacturer's Instructions 29.1. The Contractor shall: 29.1.1. Comply with manufacturer's requirements for the handling, delivery and use of all materials. Where required by the Contract Documents, Contractor shall submit manufacturer's printed instructions and MSDS documents to the City. 29.1.2. Comply with the manufacturer's applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Contract. 29.1.3. Inspect materials prior to use and reject materials not meeting the requirements of the Contract Documents. 30. Manufacturer's Warranty Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied, shall be made available to the City for material and equipment covered by this Contract. All material and equipment furnished shall be fully guaranteed by the successful Bidder against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty. The Supplemental Conditions of the Contract Documents may supersede the manufacturer's standard warranty. Manufacturer's warranties will become effective upon final completion of the Project. Bid No. 12-13-054 Page 70 31. Defective Work: 31.1. The Project Manager shall have the authority to reject or disapprove work which the Project Manager finds to be not in compliance with the Contract Documents. If required by Project Manager, Contractor shall promptly either remove or correct all defective Work. Contractor shall bear all direct, indirect and consequential costs of such corrections including cost of materials, equipment, and personnel. 31.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the Project Manager, the City shall have the authority to cause the defective Work to be corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 32. Taxes: Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 33. Subcontracts 33.1. Contractor shall not employ any subcontractor against whom City may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 33.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. The City may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific Work performed. 33.3. Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. 33.4 Contractor shall complete Attachment B identifying all Sub -Contractors. 33.5. Multi -tier subcontracting is not permitted. Contractor shall not authorize subcontractors to further subcontract any portions of the Work. 33.6 The work performed by all subcontractors shall be no more than 10% of the total work for this Contract. 34. Separate Contracts: 34.1. City reserves the right to let other contracts in connection with this Work. Contractor shall afford other persons reasonable opportunity for the execution of their work and shall properly connect and coordinate this Work with theirs. 34.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on the public or businesses. Should such interference or impact occur, Contractor shall be liable for the cost of such interference or impact. Bid No. 12-13-054 Page 71 35. Continuing the Work: Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Value or Contract Term. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 36. Changes in the Work or Terms of Contract Documents: 36.1. Without invalidating the Contract, City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the - Work as may be considered necessary or desirable to complete fully and acceptably the Work in a satisfactory manner. Any extra or additional work within the scope of this Contract must be accomplished by means of appropriate Field Orders or Change Orders. 36.2. Any changes to the terms of the Contract Documents must be contained in a written document, executedby the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by City as hereinafter provided. 37. Supplemental Instructions: The Project Manager shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Value or the Contract Term. 38. Field Directives The Project Manager may at times issue field directives to the Contractor based on visits to the Project Site. Such Field Directives shall be issued in writing and the Contractor shall be required to comply with the directive. Where the Contractor believes that the directive is outside the Scope of the Work, the Contractor shall, within 48 hours, notify the Project Manager that the Work is outside the Scope of the Work. At that time the Field Directive may be rescinded or the Contractor may be required to submit a request for a change to the Contract. Where the Contractor is notified of the City's position that the Work is within the scope and the Contractor disagrees, .the Contractor shall notify the Project Manager and the Contract Administrator that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply with the directive may result in a determination that the Contractor is in default of the Contract. The contractor will take direction only from the Project Manager, Director of Public Works, Assistant Director of Public Works or the City Manager. The contractor will not take direction from elected officials or other City personnel. 39. Change Orders: 39.1. Changes in the quantity or character of the Work within the scope of the Work which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the line item prices, Contract value, or the Contract Term, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. 39.2. All changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. Bid No. 12-13-054 Page 72 39.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute as set forth in Article 15 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Project Manager and Contract Administrator in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the line item pricing, Contract Value or Contract Term. 39.4. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. 40. Value of Change Order Work: 40.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Value shall be determined in one of the following ways: 40.1.1. By mutual acceptance of an increase or decrease in line item price(s) which Contractor and City acknowledge contains a component for overhead and profit. 40.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge contains a component for overhead and profit. 40.1.3. The addition of new line item prices. 41. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract Value or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City. 42. Force Majeure 42.1 Should any failure to perform on the part of Contractor be due to a condition of force majeure as that term is interpreted under Florida law, the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. _�.v.,,.e,,.....�. .......�2V2-....If the..Contractor. is .delayed in performing any obligation under this Contract due to a force majeure condition, the Contractor shall request a revision of the schedule to the City within two (2) working days of said force majeure occurrence. Any revision of the schedule shall be subject to mutual agreement and shall not be cause for any claim by the Contractor for extra compensation unless additional work is required. Does Not Include inclement weather except as permitted by Florida law or the acts or omissions of Sub -Contractors, etc. 43. No Interest Any monies not paid by City when claimed to be due to Contractor under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid and proper invoices. Bid No. 12-13-054 Page 73 44. Material Safety Data Sheets and Product Data 44.1 Contractor shall submit four copies of the Material Safety Data Sheets (MSDS) and other of product data for all materials to be used in the performance of the Work. Each copy must be marked to identify applicable products, and other data. Contractor shall supplement manufacturer's standard data to provide information unique to the Work. 44.2 Contractor shall submit only pertinent MSDS and product data information. Submittals shall be marked to identify pertinent products, with references to the specifications and the Contract Documents. 44.3 The City may reject materials to be used in the performance of the Work where the MSDS and product data submitted result in the City determining that the materials do not meet the requirements of the Contract 45. Stop Work Order 45.1. The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the Work for a period of up to ninety (90) days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, and for any further period to which the parties may agree. Any such order shall be specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed the City shall either: 43.1.1. Cancel the Stop Work Order; or 43.1.2. Terminate the Work covered by such order as provided in Article 20.3. . 45.2. If a Stop Work Order issued under this Article is canceled or the period of the order or any extension thereof expires, the Contractor shall resume the Work without compensation 46. Cleaning Up; Citv's Right to Clean Up: Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Work, Contractor shall remove all its waste materials and rubbish from and about the Work Site(s) as well as its tools, equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as the City shall determine to be just. 47. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act: Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this—Agreement—M. tractor 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 this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 48. Contingency Allowance The City has established a Contingency Allowance for this Project, which shall be reflected in the total contract sum. This allowance account is for use at the sole discretion of the City and shall Bid No. 12-13-054 Page 74 only be distributed through the issuance of a change order approved by the City. Contractor has no entitlement to these funds as a result of the award of the Contract by the City. 49. Payment and Performance Bond A 100% payment and performance bond is required for this project. Refer to Section 008000, Article 4. 50. Davis Bacon Act This project is not subject to the Davis Bacon Act. 51. Pricing and Payment Bidders shall include in their bid all taxes, insurances, social security, workman's compensation, and any other benefits normally paid by the bidder to its employees. No overtime will be authorized by the City which exceeds the rates quoted in this solicitation or not authorized by the City. Payments will be made monthly, in arrears, for services rendered the previous month, upon submission of property certified invoices and/or approved inspection reports. All such information shall be provided to the City Engineer for his/her approval in advance of payment. The contractor shall pay his/her employees performing work under this contract not less than the federal minimum wage in effect at the time of the contract. The City will retain 10% of the invoiced portion for new motors and pumps with corresponding appurtenances. This will serve as a one year warranty. After a one (1) year period of the equipment fully operational, the contractor can claim the Retainage. 52. Materials and Equipment The bidder shall furnish, at his/her own expense, all equipment, materials or supplies, including disposal fees, trash bags, oil, water, etc. necessary for completion of all the services specified in this bid. The equipment shall include but not be limited to landscaping equipment, bucket trucks, wood chipper, dump trucks, crane, etc. all as necessary to complete the work. The item price must include the disposal of all debris and litter collected by the scope of this contract and no additional compensation will be allowed. The contractor is not allowed to use the City's rights of ways for storage of any material related to this contract. 53. Method of Award This contract may be awarded to the two (2) lowest most responsive and responsible bidders for all the Bid Items included in this contract, and whose bid conforms to the specifications and is most advantageous to the City. Award shall be based upon the pricing indicated on the Bid Form, pursuant to the Specifications. The City may select two (2) bidders, with the lowest deemed the "primary vendor" and the next lowest the "secondary vendor", in the order of overall lowest prices provided to the City. Should the primary vendor not be able to provide the necessary service at the time needed or the required work is beyond the ability or expertise of the primary vendor or the primary vendor fails to perform as per Section 7 of the Public Works Construction Standards, the City has the option to select the secondary vendor whom will be offered the work to complete in a timely manner. The City additionally reserves the option to obtain quotes from either of the awarded vendor(s) for a specific project(s) prior to the provision of the same. Should the City determined the primary vendor's quote too high or incomplete, the City has the right to obtain a quote from the secondary vendor, in order to obtain the required service in the most expedient manner and at the lowest possible. 54. Additions/Deletions of Services Required Although this contract identifies specific terms and special conditions for work, it is hereby agreed and understood that any other services may be added/deleted to/from this contract at the option of the City or any government agency may utilize the same terms, conditions, and pricing by Bid No. 12-13-054 Page 75 approval from the bidder. The City of Miami will not be responsible for any agency outside the City of Miami. When an addition to the contract is required, the successful bidder under this contract shall be invited to submit price quotes for any new service. If the quotes are comparable with market prices offered for similar work as described in this contract, they shall be added to the contract whichever is in the best interest of the City of Miami and an addendum and a separate purchase order or change order shall be issued by the City. 55. Estimated Quantities Engineering estimated quantities or estimated dollar value are provided for bidder's guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this bid. Said engineering estimate may be used by the City for purposes of determining the low bidder meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices. 56. Emergency / Disaster Performance In the event of a hurricane or other emergency or disaster situation, the successful bidder(s) shall provide the City with the commodities/services defined within the scope of work for this bid at the price contained within his/her bid amount. Further, the successful bidder shall deliver/perform for the City on a priority basis during such times of emergency. 57. Contract Hierarchy All of the documents incorporated by the Contract Documents shall govern this Project. Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to the Contract Documents exists, the more stringent provision shall prevail. The order of hierarchy within the Contract Documents shall be the Contract, Scope of Work, Supplemental Conditions, General Conditions, and last shall be the Instructions to Bidders. 58. Third Party Beneficiaries Neither Contractor nor the City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 59. Warranty, Fitness for Purpose The contractor warrants the materials supplied and the work performed under this contract conform to warranty materials provided and work performed for one (1) year from date of completion. In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and/or service against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full one (1) year period; regardless of whether the contractor is under contract with the City at the time of any defect. Any payment by the City on behalf of the goods or services received from the contractor does not constitute a waiver of these warranty provisions. The contractor shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5) calendar days after the City notifies the contractor of such deficiency in writing. If the contractor fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the contractor, in writing, that the bidder may be debarred as a City bidder/proposer and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten (10) Bid No. 12-13-054 Page 76 calendar days of receipt of the notice. If the contractor fails to satisfy the warranty within the period specified in the notice, the City may (a) place the contractor in defaults of its contract, and/or (b) procure the products or services from another contractor and charge the contractor for any additional costs that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. Bid No. 12-13-054 Page 77 01000 SUPPLEMENTAL CONDITIONS 1. Technical Specifications prepared by ADA Engineering, Inc. 2. Technical Specifications prepared by ADA Engineering, Inc. NOTE: The contractor shall be responsible for maintaining both pump stations, Lawrence and Riverview, fully operational at all times from the date of Notice to Proceed is issued to Final Acceptance of the work. At no time there may be a pump station off-line. The City reserves the right to retain any components as spare parts at the City's sole option. 01001 Explanation of Bid Items in the Proposal: For Bid Items related to new pumps (Items 2, 4 and 9): For furnishing all labor, equipment, and materials necessary for the complete installation of four (4) Axial Flow Pumps with their corresponding vertical mix -flow propeller parts, lubricated open line shaft with bowl assembly, column and open line shaft, motor pedestal and underground discharge elbow, sealing, etc. per manufacturer's recommendation. These items also include the base plate adjustments for the proposed pump opening to manufacturer's specifications. Also, all necessary appurtenances including the performance of certified factory performance test on each bowl assembly and providing a factory representative of the package manufacturer to provide an on -site training course for appropriate City and Contractor's personnel. The course shall be sufficient to fully train staff on the operation of the system and provide a factory representative to perform final pump acceptance tests of all the new pumps at both pump stations in accordance with project plans and specifications. In addition, the bidder must obtain all necessary permits and final approvals needed for the successful completion of the upgrades to Lawrence and Riverview Pump Station in accordance with the plans and specifications prior to the initiation of construction activities. And the contractor must provide a complete set of As -Built drawings that clearly show any deviations from the project plans. For Bid Items related to new motors (Items 3, 5 and 10): For furnishing all labor, equipment, and materials necessary for the complete installation of four (4) motors as indicated in the construction plans and per Manufacturer's recommendations. For Bid Items related to Controllers (Items 6 and 11): For furnishing all labor, equipment and materials necessary to install a complete pump station controller package in accordance with the project plans and specifications including but not limited to providing a package manufacturer factory trained technical representative to inspect the installation, test, and start up the pump controller package and all the needed labor and equipment to perform insulation resistance tests on each feeder with a 500 V DC Megger in accordance with project plans and specifications. For Bid Items related to Electrical Work (Items 6, 7, 11, 12, 13 and 14): For furnishing all labor, equipment and materials necessary to remove and install a complete electrical system at both pump stations per specifications and plans on file and no additional compensation will be allowed. Bid No. 12-13-054 Page 78 City of Miami Mechanical Engineering Services for Riverview Pump Station M 0079 TECHNICAL SPECIFICATIONS Prepared by: 8550 NW 33rd Street, Suite 101 Miami, Florida 33122 July 2012 July 2012 Mechanical Engineering Services for Riverview Pump Station Technical Specifications City of Miami Mechanical Engineering Servicesfor Riverview Pump Station M-0079 Technical Specifications SECTION 26 29 13.20 - ENCLOSED SOFT STARTER SECTION 26 29 13.50 - PUMP STATION CONTROLLER PACKAGE Page 1 of 5 SECTION 26 2913.20 ENCLOSED SOFT STARTER Part 1: General 1.01 SCOPE OF WORK A. These specification requirements are for solid state reduced voltage motor controllers herein referred to as soft starters. 1.02 QUALITY ASSURANCE A. The electronic "soft starter" shall be listed by an independent testing laboratory in accordance with UL 508 - Industrial Control Equipment. B. The manufacturer shall be a certified ISO 9002 facility. 1.03 WARRANTY A. An eighteen -month warranty shall be provided on materials and workmanship from date of invoice. Part 2: Product 2.01 GENERAL DESCRIPTION A. The soft starter shall be provided by the manufacturer factory mounted in an enclosure rated as NEMA Type 3 1. Enclosure shall include a door mounted digital keypad for adjusting the soft starter parameters and viewing process values and viewing the motor and soft starter status without opening the enclosure door. 2. Provisions shall be available for padlocking the enclosure door. B. The enclosed product shall be provided complete with one of the following overcurrent protective devices (OCPDs) for Type 1 short circuit protection: 1. Molded case disconnect switch and in -line fuse block for Class 7 power fuses from 10 to 600A or Class L power fuses from 601 to 1600A. Short circuit withstand rating shall be 100 KAIC minimum. 2. Circuit breaker disconnect means. Short circuit withstand rating shall be 100 KA1C. C. The motor must be automatically protected from solid state component failure by one of the following. means: 1. Shunt trip coil to trip disconnect in the event of a soft starter fault condition including a shorted SCR. 2. Isolation contactor that opens when the motor is stopped or when the controller detects a fault condition including a shorted SCR. D. The soft starter shall utilize an SCR bridge consisting of at least two SCRs per phase to control the starting and stopping of industry standard motors. SECTION 26 2913.20 ENCLOSED SOFT STARTER MECHANICAL ENGINEERING SERVICES FOR RIVERVIEW PUMP STATION M-0079 Page 2 of 5 E. The soft start shall provide torque control for linear acceleration independent of motor load or application type without external feedback. The gating of the SCRs will be controlled in such a manner to ensure stable and linear acceleration ramp. F. The soft starter shall be controlled bya microprocessor that continuously monitors the current and controls the phasing of the SCRs. Analog control algorithms shall not be allowed. G. All soft starter power ratings will utilize the same control boardlmodule. H. A shorting contactor shall be standard on soft starters in all enclosure configurations. Protective features and deceleration control options integral to the soft starter shall be available even when the shorting contactor is engaged. L A motor heater module shall be included in the enclosure with the required control circuit contacts and fuses. 2,02 MOTOR DATA A. The soft starters shall be designed to operate the specific pump motors provided by the pump manrfacturer. 2.03 RATINGS A. The soft start shall be designed to operate in an ambient temperature 0°C to 40°C (14°F to 104°F). For ambient temperatures between 40°C and 60°C (104°F and 140°F). B. Storage temperature range shall be -25°C to 70°C (-I3°F to 158°F). C. Maximum relative humidity shall be 95%, non -condensing or dripping water, conforming to IEC 60947-4-2. D. The soft starter shall be capable of operation between =1-10% of nominal voltage rating. E. The soft start shall be capable of supplying 400% of rated full load current for 23 seconds at maximum ambient temperature. The soft starter shall also be capable of 10 evenly spaced starts per hour at 400% of full rated current for 12 seconds per start. F. The SCRs shall have a minimum P.I.V.. rating of 1800 Vac. Lower rated SCRs with MOV protection are not acceptable. G. A seismic qualification label shall be provided for all floor mount configuration units to comply with the latest IBC 2000 and NFPA 5000 guidelines. 2.04 ADJUSTMENTS AND CONFIGURATIONS A. All programming/configuration devices, display units, and field control wiring terminals shall be accessible on the front of the control module. Exposure to control circuit boards or electrical power devices during routine adjustments is prohibited. B. Digital indication shall provide, as a minimum, the following conditions: 1. Soft starter status - ready, starting/stopping, run. 2. Motor status - current, torque, thermal state, power factor, operating time, power in kW. 3. Fault status - Motor thermal overload, soft starter thermal fault, loss of line or motor phase, line frequency fault, low line voltage fault, locked rotor fault, motor underload, maximum start time exceeded, external fault, serial communication fault, line phase reversal fault, motor overcurrent fault. SECTION 26 29 13.20 ENCLOSED SOFT STARTER MECHANICAL ENGINEERING SERVICES FOR RIVERVIEW PUMP STATION M-0079 Page 3 of 5 C. The soft starter must be preset to the following for adjustment -free operation in most applications: 1. Linear (torque -controlled) acceleration ramp of 15 seconds. 2. Current limitation to 400% of the motor full load current rating. 3. Class 10 overload protection. D. A digital keypad shall be utili7Pd configure the following operating parameters as required: 1. Motor full load amps adjustable from 40 to 130% of the soft starter's rating. 2. Current limitation on starting adjustable from 150 to 700% of the motor current rating, not to exceed 500% of the soft starter rating. 3. Linear (torque -controlled) acceleration ramp adjustable from 1 to 60 seconds. 4. Initial torque adjustable from 10 to 100% of nominal motor torque. 5. Torque limit adjustable from 10 to 200% of nominal motor torque. . 6. Maximum start time adjustable from 10 to 999 seconds. 7. Voltage boost adjustable from 50 to 100% of the nominal supply voltage. 8. Selection of freewheel, soft stop or braking. 9. Linear (torque -controlled) deceleration ramp time adjustable from 1 to 60 seconds. 10. Threshold to change to freewheel from a controlled deceleration ramp to freewheel stop: adjustable from 0 to 100% of the nominal motor torque. 11. Braking torque level adjustable from 0 to 100% effectiveness. 12. Selection of Class 2, 10, 10A, 15, 20, 25 or 30 motor thermal overload protection. E. A digital keypad shall be utilized to configure the following controller parameters as required: 1. Selectable automatic reset operation. 3. Adjustment of the stator loss estimation for specialty motors. 4. Assignment of soft starter inputs and output control terminals. 5. Activation of line phase reversal protection. 6. Reset of motor thermal state, 7. Return to factory settings. F. Output relays shall provide the following status indications:, 1. One Form A (N.O.) minimum for indication of fault. 2. One Form A (N.O.) for indication that acceleration ramp is complete and current is below 130% motor FLA (end of start). . SECTION 26 2913.20 ENCLOSED SOFT STARTER MECHANICAL ENGINEERING SERVICES FOR RIVERVIEW PUMP STATION M-0079 Page 4 of 5 3. One Form A (N.O.) assignable to one of the following fraction: motor theinial alarm, motor current level alarm, and motor under load alarm. G. Additional inputs and outputs shall be available to provide the following status indications: 1. Two assignable control inputs for the following functions: force to freewheel stop, external fault input, disable serial link control, external motor overload reset or general fault reset. 2. Two assignable logic -level signal outputs for the following functions: motor thermal overload alarm, "motor powered" signal, motor overcurrent alarm, or motor underload alarm. 3. One analog output shall be available for 4 to 20 or 4 to 20 milliamp indication of motor current, motor torque, motor power, motor thermal state, or power factor. H. Relay and il0 functions listed above must be isolated with respect to common. 2.05 PROTECTION A. A microprocessor -based thermal protection system shall be included which continuously calculates the temperature -rise of the motor and soft starter and provides: 1. A motor overload pre -alarm that indicates by relay contact or logic output that the motor windings have exceeded 130% of its rated temperature rise. This function shall be for alarm only. 2. A motor overload fault will stop the motor if the windings have exceeded 140% of temperature -rise. 3. An electronic circuit with a time -constant adjustable to the motor's thermal cooling time - constant ensuring the memorization of the thermal state even if power is removed from the soft starter. B. -'he soft starter shall provide line and motor phase loss, phase reversal, underload, stall, and jam protection. C. The integral protective features shall be active even when the shorting contactor is used to bypass the SCRs during steady state operation. 2.06 CONTROL OPTIONS A. The soft starter control circuit shall be fed from the line supply and be completely independent of the power circuit and separate from the control logic. B. The peripheral soft starter control circuitry shall be operated at 120 Vac 60 Hz from a control power transformer included within the enclosure. C. Operator devices shall be door mounted and shall be [Choose all that apply]: 1. Three position H-O-A switch which provides for manual (HAND) start or remote signal (AUTO) start from user -supplied relay contacts. 2. Red RUN pilot light illuminated whenever the soft starter is provided a run command and no fault condition is present. 4. Green OFF pilot.light illuminated whenever the soft starter is supplied with control power and no run command is present 5. All operator devices shall be remote -mounted using supplied 120 Vac control logic. Clearly SECTION 26 29 13.20 ENCLOSED SOFT STARTER MECHANICAL ENGINEERING SERVICES FOR RIVERVIEW PUMP STATION M-0079 Page 5 of 5 labeled terminals shall be provided for field installation. 2.07 COMMUNICATIONS A. The soft starter will have to include a multidrop serial link for its direct connection to Modbus. B. The soft starter shall be able to be connected to Ethernet and other networks, with connection to communication bus as an option. C. The communication shall be able to provide access to the control, to the adjustment and to the supervision of the soft starter. 2.08 SHORTING CONTACTOR (STANDARD ON ALL ENCLOSURES) A. A microprocessor shall control the operation of the shorting contactor via an output relay. B. The shorting contactor shall close, shorting the SCRs after the acceleration ramp is compete and motor current is below 130% of motor FLA, and open on a stop command to allow a deceleration ramp. C. Overload protection integral to the soft starter shall continue to protect the motor when shorting is engaged. Part 3: Execution 3.01 INSTALLATION A. The soft start shall be installed per the manufacturer's specifications. B. A standard wiring diagram shall be included for making the appropriate electrical connections. 3.02 START UP OPTION A. The services of a qualified manufacturer's service representative shall be available to install, test, and start up all soft starts furnished under this specification. END OF SECTION SECTION 26 2913.20 ENCLOSED SOFT STARTER MECHANICAL ENGINEERING SERVICES FOR RIVERVIEW PUMP STATION M-0079 Page 1 of 6 SECTION 26 0913.50 PUMP STATION CONTROLLER PACKAGE PART 1: GENERAL 1.01 SCOPE OF WORK A. This document provides specification requirements for a Pump Station Controller Package (PSCP). The PSCP. shall be composed of a control cabinet with programmable logic controller (PLC), Human /machine interface and UPS for emergency backup, a bubbler level monitor system and a number of enclosed packaged soft starters. The control cabinet shall be able to control the operation of up to six main pumps, based on the level in the wet well. It shall monitor the wet well level and actuate the pumps in sequence with rising water level. Once a pumping cycle has started, it shall continue until the stop Ievel is reached. All start/stop levels shall be adjustable, based on design levels shown on plans. Controller shall maintain level to within± 1% of full scale (ie maximum depth). Pump sequence, shall automatically change after each cycle of operation. B. The control cabinet manufacturer shall factory assemble; test, and field adjust all installed packages for satisfactory operation. C. The PSCP and its components, including the programmable logic controller (PLC), the human/machine interface (HMI) and associated electrical control components must be from the same manufacturer and must be of current model in production. Prototypes, special configurations, and discontinued models or proprietary configurations will not be allowed. D. Any exceptions/deviations to this specification shall be indicated in writing and submitted for the Engineers', approval two weeks prior to the bid date. 1.02 SUBMITTALS A. Five submittal packages including drawings shall be furnished for Engineers` approval prior to factory assembly of the pump controller package. These packages shall consist of elementary power and control wiring diagrams on Autocad 11" X 17" format and include enclosures outline drawings as well as the complete Bill Of Material (BOM). The enclosure drawings shall include front and side views of the enclosures with overall dimensions, and general component arrangement of the subplate. Standard catalog specification sheets showing voltage, horsepower and maximum current ratings shall be furnished as part of the submittal package. B. Complete electrical drawings done on Autocad shall be submitted within two weeks upon receipt of purchase order. Equipment delivery shall not exceed ten weeks After Release for Manufacturing (ARM). 1.03 WARRANTY A. The PSCP carries an 18-month parts warranty on materials and workmanship from the date of purchase, or 12 months from the date of startup, whichever occurs first. 1.04 QUALITY ASSURANCE SECTION 26 0913.50 PUMP STATION CONTROLLER PACKAGE MECHANICAL ENGINEERING SERVICES FOR RIVERVIEW PUMP STATION M-0079 Page 2 of 6 A. The manufacturer of the PSCP shall be a UL 508A Certified facility. B. The PSCP shall be designed, constructed and tested in accordance with NEMA, NEC, IEC and UL 508A standards. C. Prior to shipment, the control cabinet and soft starters shall be functionally tested at the factory. All pilot devices and controls shall be tested to verify proper operation. Documentation shall be furnished at the engineer's request. PART 2: PRODUCT 2.01 MANUFACTURERS The pump station controller package shall be provided by Square D or another recognized manufacturer of industrial motor controllers. 2.02 GENERAL DESCRIPTION A. The PSCP shall include the following. components: 1. Programmable logic controller (PLC), Human /machine interface and UPS for emergency backup. 2. NEMA 3R rated enclosures 3. A customer -definable number of enclosed packaged soft starters with door -mounted keypads. The packaged soft starters shall b.e provided with shorting contactors, phase monitors, and all required. relays and control devices. 4. A range of choices shall be available for specifying isolating contactor and fuses or shunt trip circuit breaker for the protection of the soft starters. 5. Associated IEC control components, including contactors, relays, fuses, circuit breakers and connection terminals, including any relay required to provide signals to the PLC unit from existing pump contactors not being replaced. 6. Bubbler system package with the following characteristics 6.01. Powered by two 120V air compressors that shall not require periodic lubrication. Vibrator diaphragm compressors shall not be used. 6.02. Compressors shall be individually mounted and wired to a terminal block for ease of replacement. 6.03. Compressors shall operate automatically, controlled by a pressure switch and an automatic alternator.. 6.04. Compressors are to charge a compressed air tank. Air from the tank shall be sent to the bubbler tube through a filtered flow regulating device and the back pressure in the bubbler tube shall be measured by a pressure transducer to detect water depth. 6.05. The liquid level shall be read out directly on a level gauge in terms of feet and inches. SECTION 26 09 13.50 PUMP STATION CONTROLLER PACKAGE MECHANICAL ENGINEERING SERVICES FORRIVERVIEW PUMP STATION M-0079 Page 3 of 6 6.06. In the event that a compressor is called and fails to charge the air tank, an air compressor failure for that compressor shall be shown and the other called in it's place. 6.07. The system shall be designed to detect failures in the bubbler system that would prevent proper operation. Detection of this system failure shall give a visual alarm, energize a dry contact alarm relay for remote indication and automatically switch to a float switches backup system. 6.08. Air tank to store air from the cocut,ressors and provide air to the flow regulating___ system. Supply tank pressure gauge and the means to automatically dump any water that might condense in the air tank. 6.09. Provide flow regulator and indicator to regulate the flow of air from the air tank to the bubbler tube. It shall provide a minimum of 2000 SCCM (standard cubic centimeters per min.) of air to the bubbler tube. The system shall include an air filter to prevent the regulator from becoming blocked by dust and back flow valve to prevent any liquid from reaching the air tank or compressors. 6.10. The system shall include an automatic purging (blow down) system for keeping the bubbler tube clear of blockages using an air solenoid to vent the entire contents of the air tank to the bubbler tube. The~ depth measurement shall be frozen during this process to prevent erroneous readings and improper pump calls. The system shall be designed so that the purging process does not over -pressurize the bubbler pressure transducer. The purging process shall be initiated in one of two ways: 1 PeriodicaI purges, with intervals adjustable from 1 to 10 hours. 2 Automatically, if the air flow drops below 50°%0 of nominal flow, or immediately after the controller is power up after a Ioss of pourer. B. System hardware and software shall be fully integrated in. an installation -ready package. C. The control cabinet shall include the following capabilities: 1. Selectable system operation mode 2. On-line Pump sequencing 3. Fault monitoring and annunciation 4. Automatic fault backup 5. Printer data logging 6. Password protection 7. Modbus Plus communication 8. Remote terminal unit (RTU) functionality D. The PLC shall be UL, CSA, FM Class 1 Division 2 certified E. PLC input voltage shall be 115 VAC, or 24 VDC.. F. RFI/EMI emissions shall comply with FCC requirements. G. The PLC shall be programmed in ladder logic. All data acquisition shall be programmed in ladder logic. The PLC shall provide the capability for on-line set up. Program information and system parameters shall be stored in battery -backed, onboard RAM. SECTION 26 09 13.50 PUMP STATION CONTROLLER PACKAGE MECHANICAL ENGINEERING SERVICES FOR RIVERVIEW PUMP STATION M-0079 Page4of6 2.04 !MI DATA A. The HMI shall be door -mounted an the PLC enclosure to facilitate operator access. The HMI display shall be a backlit fluorescent display capable of displaying two lines of twenty alphanumeric characters. B. Access to any HIYII function shall be restricted to the current user's security level. C. HMI configuration software shall be WindowsTM-based.- D. The HMI shall be programmed to accept pump sequence data, and Alarm or Fault information. The parameters shall be defined at the HMi during system set-up or as needed during system operation. E. During system operation, the following data can be displayed at the HMI (iin plain English or one of six other software -provided languages): 1. Fault diagnostics and acknowledgment 2. Field device status 3. Starters fault status 4. Troubleshooting information 5. High level alarms 6. Low level alarms 7. Control data 7. System messages 7.1 PLC CPU fault status 7.2 PLC 110 fault status 7.3 Time and Date information G. The HMI shall be connected to PLC through the Modbus port on the CPU. H. The HMI shall include an RS232 asynchronous serial link printer port option. I. The HMI shall have access toall data registers and CPU system data as well as the PLC time -of - day clock. 3. The HMI shall be designed to operate under the following conditions: 1. Temperature 0 degrees C to 50 degrees C (32 degrees F to 122 degrees F) 2. Degree of Protection UL Type 4, NEMA type 4 and IP 65 conforming to UL 508 and IEC 529 3. Electromagnetic Disturbance Conforming to IEC 1132 2/EN 61131-2 L. HVIi I power supply requirements shall be as follows: 24VDC voltage, 18 to 30V voltage limits, with 25% maximum ripple. P. With additional software and appropriate hardware, fault annunciation data can be transmitted to a to a supervisory control and data acquisition (SCADA) host. R. Automatic fault diagnostics shall allow plain language, self -troubleshooting procedures to be displayed at the HMI when a fault is detected. The operator presses the down arrow key for instructions on possible causesffixes of faults. 2.05 SOFT STARTER DATA SECTION 26 09 13.50 PUMP STATION CONTROLLER PACKAGE MECHANICAL ENGINEERING SERVICES FOR RIVERVIEW PUMP STATION M-0079 Page 5 of 6 A. The exact size of the soft starters and associated contactor, fuses or circuit breakers shall be determined by the manufacturer of the PS26 2913.20 for the enclosed soft starters. 2.061 IPITTS A. The PLC shall receive input data from a field transducer associated with a bubbler system, from the soft starter controllers and from existing magnetic starters. 2.07 FUNGTTONALITY A. Automatic fault backup shall be available to ensure continuation of output in the event of a pump fault. If a pump faults ont, the next pump in sequence shall start to assume the function of the faulted pump and shall stay on until the faulted pump is cleared. When the fanIt is reset, the original pump sequence shall be restored. B. The control cabinet shall include the following operator -selectable control modes: Manual, Automatic. 1. In Manual mode, the operator enters the pump that shall be started via the HMI keypad. Pumps will not start or will stop in all cases if the low alarm level is reached 2. In Automatic mode, the Pumps shall be stopped and started automatically according to inputs the from the bubbler system, fault status of the starters and the selected pump sequence. 3. System off mode shall allow viewing and modification of system settings as well as hand or keypad control of the soft starters. During system off mode, PLC control of soft starters shall not be possible. B. Pump sequencing control capability shall be available to define the order in which pumps come on-line. 2.08 COMMUNICATIONS A. Standard Modbus or Modbus Plus communication protocols shall be used for communication throughout the pump controller package and shall allow Modbus messages to be sent to and from the PLC, the HMI, and any other Modbus-compatible network device. B. The PSCP shall have the capability of communicating with other network architecture systems, such as a SCADA host. C. The PSCP shall have RTU function as an option. RTU functionality shall enable issuing commands, receiving commands, and gathering data either to or from Remote sites. 2.04 CONSTRUCTION A. The PLC and supporting hardware shall be housed in a standard industrial style NEMA 3R rated enclosure. This enclosure (shall include the door -mounted HMI . If RTU functionality is. specified, the enclosure shall contain a communication device and power supply. B. Each of the soft starter, and its supporting components, shall be housed in a NEMA 3R rated enclosure separate from the pump controller. C. Unless otherwise specified, the enclosures shall be rated NEMA 3R. D. The enclosures shall be stand-alone (floor mount). E. All pilot devices shall be 22mm devices (unless otherwise specified), and include EC style unit legend tags corresponding to drawings. SECTION 26 0913.50 PUMP STATION CONTROLLER PACKAGE MECHANICAL ENGINEERING SERVICES FOR RIVERVIEW PUMP STATION M-0079 Page 6 of 6 F. Wire size and color shall conform to NEC and UL508A codes and standards. 2.10 CONFIGURATION REQUIREMENTS A. The following data will be provided to the manufacturer to configure the pump controller package: 1. Number of pumps to be controlled 2. Number of soft starters and horsepower and full load amps (FLA) of each AC pump motor that require a soft starter. 3. Number and type of existing pump starters that will remain. 4. Type installation environment — 5. Special specification 1 application requirements PART 3: START-UP SUPPORT 3.01 START-UP AND IiNSTALLATION A. The Pump Controller Package manufacturer must have a 24 hour toll free number for telephone inquiry support and a separate 24 hour toll free number for service support. B. The Package manufacturer shall have local and national technical support. C. The pump controller package manufacturer shall provide a factory trained technical representative to inspect the contractor's installation, test and start-up the package furnished under this specification for a maximum total of [ ] days. The start-up service shall be quoted as a separate line item. D. Installation shall be in compliance with manufacturer's instructions, drawings and recommendations. 3.02 DELIVERY A. The equipment at time of shipment shall have as few shipping splits as possible. B. All equipment shall be strapped or bolted to wooden shipping skids built exclusively for the one time usage. Loose pieces or parts will not be accepted. C. If shipment is not by dedicated air ride transport, the units shall have wooden frames built around them so as not to dent or scratch the painted finish. In addition to the frames all equipment shall be sealed in clear plastic to protect against water and dust. D. All documentation including a copy of the complete schematics, product data sheets, interconnection instructions, inspection and/or certification reports, and any special instruction shall be bundled inside each enclosure or shipping split. 3.03 TR4LNI1NG A. An on -site training course of two training day shall be provided by a factory representative of the package manufacturer to plant and/or maintenance personnel and quoted as a separate line item. END OF SECTION SECTION 26 0913.50 PUMP STATION CONTROLLER PACKAGE MECHANICAL ENGINEERING SERVICES FOR RIVERVIEW PUMP STATION M-0079