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HomeMy WebLinkAboutExhibitH--f 00400, PROPOSAL, BID FORM: (Page 1 of 14) Firm's Name: I,mJ-\ City of Miami, Florida Office of the City Clerk City Hall, 1st Floor -- -3500-Pan AmericanDrive Miami, Florida 33133-5504 Address: / d ✓f I p �E• Cr y,Ft_ 362, Date: 4/2-',I4 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bld is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required Information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a State of Florida municipal corporation, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled.: Bid No: 12-13-033 Title: CITYWIDE PAVEMENT RESURFACING CONTRACT, M-0098 The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the bid guaranty accompanying the bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after beingnotified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. In the event of a discrepancy between the price bid in figures and the price bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the bid is to be multiplied by the stated quantity requirements in order to arrive at the total. In case of an error in the extension of prices, the numerical unit price will govern. Bid No, 12-1.3--033 Page 18 00400. PROPOSAL BID FORM: (Page 2 of 14) Note: Bidders are bidding on a total bid cost basis for the purpose of determining the lowest responsive and responsible bidder. However, Bidders will be paid based on the line item breakdown, contained in the Bid Form, with payments based on actual work performed. Bidders must submit bid prices for all items. Failure to bid on ail items will result in the bid being rejected as nonresponsive. The City will award a Contract to the lowest responsive responsible Bidder based on any of the Combined Bid Price stated below. Refer to Section 01000 Supplemental Conditions, Our items and lump sum bid prices include the total cost for the work specified in this bid, consisting of furnishing all materials; labor, equipment, -supervision, mobilization, overhead -&profit- required; in - accordance with the Bid Specifications. ********,v***************r************* ************,e** * kV ************era TOTAL BID: The sum of items 1 through 64 based on a one (1) year completion time 1 426/, (2. 9 6 ;1_ L,j0n3 h{u,,sp Dof ?-6v 1 'i 1(1)1di74 Written Amount aip VE PoL. ( r /40 ,r® -i • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * k +k * Note to Bidders: The City reserves the right to reject any and all bids. The City may opt to renew (OTR) the Contract for four (4) additional one (1) year terms subject to the availability of funding and the contractor's performance. The Total Bid price is for a one year, three hundred sixty five (365) calendar days completion time. The price of the option to renew terms is based on the Total Bid prices and no additional compensation will be allowed. Bid No. 12-13-033 Page 19 00400. PROPOSAL BID FORM: (Page 3 of 14) DIRECTIONS: COMPLETE PART I OR PART 11, WHICHEVER APPLIES, AND PART III, Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: . Addendum No, 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated - Addendu}�i-No. 4 , Dated_ /Uo 4-1)Pe--- ov'rAs Part II: Y No addendum was received in connection with this Bid. Part III; Certifications The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated requirements. 1. affirmative Action Plan Successful bidder(s) shall establish an Affirmative Action Plan or an Affirmative Action Policy pursuant to Ordinance #10062 as amended. Effective date of implementation must be indicated on the policy: and 2. Non..Collusion Bidder certifies that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and 3. Drug Free Workplace The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by; (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited .in the Bidder's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; Bid No. 12-13-033 Page 20 00400. PROPOSAL BID FORM: (Page 4 of 14) (2) Establishing a continuing drug -free awareness program to inform its employees about: (I) The dangers of drug abuse In the workplace; (ii) The Bidder's policy of maintaining a drug -free workplace; (ill) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required (4) Notifying al! employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (1) Abide by the terms 'of the statement; and (II) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) .(ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall Include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (I) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs(1) through (6); and 4. Lobby►ng The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Bid No, 12-13-033 Page21 00400. PROPOSAL BID FORM: (Page 5 of 14) (2)If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-1,LL, "Disclosure Form to Report Lobbying," In accordance with its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon w.hich reliance was placed when this transaction was made or entered into. Submission of this certification Is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. * Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per QMB). 5. Debarment, Suspension and Other Responsibility Matters The Bidder certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declaredineligible, or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted far or otherwise criminally or civily charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder shall submit an explanation to the City of Miami. Bid No. 12-13-033 Page 22 00400. PROPOSAL BID FORM: (Page 6 of 14) Attached is a Bid Bond [V], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] .or Certified Check [ ] No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this bid and certifies to the above stated in Part III and IV by sig'nkg and completing the spaces provi ed below.be� Firm's Name: 1 - - __�-�- Signature: Printed Name/Title: City/State/Zip: Telephone No.: a, L z,4 etat--"it -r- M r i/ FL 334'72.. 3t3-S " / - ' oor Facsimile No.: 36-r- E- 2- 60/7 Social Security No. or Fede! I.D.No,: .a ®�t. E-Mail Address: e w+1 Dun and c:go 4q 7,39c Bradstreet No.: if a partnership, names and addresses of partners: (if applicable) Bid No. 12-13-033 Page 23 00400. PROPOSAL BID FORM: (Page 7 of 14) CERTIFICATE OF AUTHORITY (IF CORPORATION) I HE BY • CERTIFY that at a meeting of the Board of Directors of V'!/'( / • , a or oration orcanized and existing under the lawsof the State of held on the 41day of tI$r 4'? a resolution was duly passed and adopted authorizing (Name) WA -cm- G ar.' .4 -- as (Title) Pe<40-S /I V' 7f the corporation to exeoute bids on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the • corporation, shall be the official act and deed of the corporation. I further certify that said resolution Tema)hs fin , full force and effect. IN WITN y WHEREOF, I h.. Q ereunto set hand this 2 q, day of APR6 L , 20 ? Secretary: Print: Lue + ''cM corE2+ 'l t9 CERTIFICATE OF AUTHORITY of authorizing (Name) the partnership and the partnership. (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the . Board Directors of , a partnership organized and exr tin�"'u" nder the laws of the State held on the _day of , a repiutI was duly passed and adopted as (Title) of the to execute bids on behalf of provides that his/her execution thereof, atte ,tettrby a partner, shall be the official act and deed of further certify that said partnership agreement rprto'ains in full force and effect. IN WITNESS WHEREOF, I hayetereunto set my hand this ,, day of , 20 Partner: Print: CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint venturers must submit a joint venture agreement indicating that the;p6rson signing this bid is authorized to sign bid documents on behalf of the joint venture, If there is no joir7.t venture agreement each member of the joint venture must sign the bid and submit the appropriate Certifloate-i T'Authority (corporate, partnership, or individual). r. CERTIFlCATE'OF AUTHORITY IF INDIVIDUAL} HEREBY CERTIFY that, I (Name),.; -: individually and doing business as(0/iila) .. (If Applicable) have executed and am bound by the terms, of e bid to which Phis attestation is attached. ,,,,,, IN WITNESS WHEREOF,'I'have hereunto set my hand this , day of .1a, ;'20 Signed: Print: Bid No, 12-13-033 Page 24 00400. PROPOSAL BID FORM: (facie 8 of 141 NOTARIZATION STATE OF FL COUNTY OF 14(et 1 PIMP e- ) Alfa rregoing instrument was acknowledged before me this 4-.I day of P/L , 20'1., by • A1 " 06 Araii L' 2- , who Is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATU STATE OF ► : ` RY PUBLIC FDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC ) SS: 4,, fin r , Notary Publlo State of Florida Jose Alberto Chagoyen- e Lucas 4op 0. My Commission 5S112830 Bid No. 12-13-033 Page 25 ,Ii, , , la:, i R,,,I1 ,' f!i ii,i,r! r'l II/11151411, 4 ilh , il Y ih, lir ti r JI' 10 I I, .114144444Rtioyi4i!" t hi!) gift I I; !pi( i gli[14 il Wii 1 ; 111111 ,; ialti51111' i 'ftiii q ttl. 414 — b [1 '11 w lima I ft Ilti 4111,'. MLIttio pRitlit .4 !lib q[iiiitiiiik,140 1 44ifilli ,- ., filigliTillillil : ,. ' eitt) 1 1::•migiih. .., !II!, Ali4 II ;110 low, 'd II 1 f 4 d• ' .h1Mf 4 II' i' I 4 i 'RI ,..1i ' 1:NIPt.! 0:1:011f111!16,1itAii _o 1 ,P 1 II Alp' II4 4 ilf• 11:111F111' , i ' °lIl Ii •, +it i, ' I- ti•Alint ,., i 4 1;it);4 N 1 ad, „ii 11 ,p,.J 411414TiT' qtj. ill n q S 1 LX :,' ',,• i ;Mjg rilii TIC Er. • ;,, ' H- !! -pi 4, ' ; V iL cf 1111 - lilt 1 l',' ii ,7" ) i. hl ' 1 i'ME 'Ili a d R, ' h If Mil '4 ,ft [i2rif igi„. ih ' Plviblil I ,N, Iiiiiiiiigi ,,.4„ ,),„4,4, 114 ..u,1 I ' 'i :il: S.Y. 10,000 $ 2. q• $ 276/00. Saw cut and remove an average of two (2) inches of temporary cold aspha t patch on trench in order to expose and evaluate the condition of the base. if base is found suitable, clean loose Material and replace the amount of cold patch removed with hot type S asphaltic concrete up to the level of the surrounding surface. NOTE: Contractor to protect the existing storm sewer system of loose materials by providing adequate best management practices during this work_ Saw cut and remove an average of two (2) inches of existing temporary cold asphalt patch on trench in order to expose and evaluate the condition of the base. If base is found unsuitable by the Engineer, remove base material and replace with a minimum of eight (8) inches of compacted iirnerock2 or six (6) inches of hot type S asphaltic concrete. In either case, replace the cold patch removed with hot type S asphaltic concrete up to the level of the surrounding surface. NOTE: Contractor to protect the existing storm sewer system of loose materials by providing adequate best management practices during this work_ S.Y. 10,000 • o ; 1 * $ AO 006 # Night Differential for Paving Repair Per Night 6 $ 4.O4 — 6 $. Night Differential for Milling Per Night 6 $ v .1 ---- $ BARRICADES ( Temporary, Type III, 6') including installation and removal. EA/DAY 500 ' . I- — 5-00 s Barricades (Type MI) (With high intensity flashing lights) (Temporary Type "B") including installation and removal. EA. 50 if $ 4 45' 51'. FLASHING ARROW BOARD (Temporary, IVIultimode) including installation and removal. EA/DAY 40 1 , v .• $ lie — $ 40 0 * HIGH INTENSITY FLASHING LIGHTS (t LIVIPORARY, TYPE "B") including installation and removal. ENDAY 5 $ i . 50. 9 RE -GRADE EXISTING SWALE (Without sod) (When required by the Engineer.) S.Y. 5 , 6.—.67 c e $ 2 SD 4 0 TEMPORARY MESSAGES (ONLY/ MERGE/SCHOOURR) EA_ 15 • Re $ 42, -- Bid No. 12-13-033 Page 26 1 'It gf g1011111 , Ili i'1015 VI !In 41 Novi NOM% oil plwit!..t iii IMP iii To11410111.0tio ,,4 $ ;I rtil[ ;IN illi 1,i'dii,rtioupl EA "If rH.1iiil-lf irl "le li -imin,,,,,r 1,14,t,t., , A,la„.10ig, iglt.d11,1101' 50 " "iipp . $ 1 ,i,ki 1M,, il c(.r. 1 1 A.•,l till l v , III4 ir , 0 — . A $ ,t, il 041010#1. 4 v. , ilr.1 , t ' SOO& 111 41t illi N ,a 1 lilt IiiiittlIt 11othilim Warr l' .. On c h,t I 1 1 I I' . gfi' i , L.1.4' 1)4 'i 11 It:' '` itJiTlln.iqifilit-00iii, ,i" r"I 6',I,. . ih 1111 OA i fi; g . 'Pl g , 'I 1 TEMPORARY DIRECTIONAL ARROWS (White &Yellow) Paint 12 Night Differential for Resurfacing P.N. 6 1 0-0 3 PAVEMENT MARKING TEMPORARY (sorid) (Any width) (Yellow or White) ( Paint) LF. 1,000 $ 0 .30 $ 300 4 WORK ZONE SIGNS EA/DAY • $ /60 15 PAVEMENT MARKING TEMPORARY (Skip) (Any width) (Yellow or White) ( Paint) (10' stripe, 30' space) L.F. 1,000 , $ 0 -50 $ 300 • 16 REMOVAL OF EXISTING PAVEMENT— NOTE: Compliance with the City's National Pollution Discharge Elimination System, NPDES Permit is required. All storm sewer inlets must be protected and free of loose material caused by this work. - S.Y. 50 . 1 . $ 2_(`-: " 4 5--O 17 REMOVAL AND DISPOSAL OF EXISTING CURB AND GUTTER L.F. 500 ! $ 10 et o C4. REMOVAL OF EXISTING CONCRETE SIDEWALK (up to 8" thick, including base preparation) S.Y. 500 $401 coo. 9-f $ g- 19 MOBILIZATION FOR MILLING. (To be paid once, per each Section of a Township and Range) May be deleted if no milling in Section. PERISGT 8, 0 a $ 20 REGULAR EXCAVATION C.Y. C.Y. 20 i 10 i 1 " so $ . $ 2D °-5 $ 64 0 0 $ 2, 00 • 21 BORROW EXCAVATION -[(Contractor supplied, truck measurement) (This item is contingent upon field conditions and may be increased, decreased, or eliminated by the Engineer)] 22 EMBANKMENT FOR ROAD BUILD-UP (Borrow material from Contractors own source) C.Y. 10' $ 2 6 - $ 23 EMBANKMENT MATERIAL FOR SHOULDER - Borrow material, from contractor's own source, see Special Provisions for description of material. C.Y. 150 $ 2,6. tr- $ 3 000, . Bid No. 12-13-033 Page 27 q.111, ,ti., 411 ill 0040, 11i111 ",„..1111r1 , tl, , ,,, ,L0 ti III- , lip1111,1 1, 1! ',„,"' I Lir 110 i611 1,11 FR 01; ,4,1,11111,1ii 4 44041 t! .143.11, 1 ; ;,- goiff, • . '11N iil 11111 .; '• • '' 'I'', 1 1 ‘,11061,111110116.1gLatial .p1119i ' 1 i*,1, Iioi;-eliir, 11'4' 41' . ,1 '11111r1;1 i ; • ' , ,Iiiil 1.0 ;wpm ,Iiii 1 tiwIpvikt• '' 9 411 il 'Om; ;;11 Am imatennallil..t iiii aiiftiirM4 • 1,,k; 1111111 ' ' ij 111.1,kr;11; VOWS 'th. 1 . ;;;0::•,,,,, ' ,IIM . , 4ifili,A it'• viTii. 11 fi 111! ' ; I. alfiRi -'t 1,1 lig 1;iill i'llii1 !ill Lir , ' 10 111 .` i of ; 1i!!1 1 iq 1, 1, 11' '41i1 'lit 3,, (1,4 i';' • ' a 1:1'i'r 11i; ill;r1 i di 4111' 1 1 0 111' 11. . 4111114,1,11i 111;1 „ . i TO 1 Mingalir l'i MI 1),t,. ,,,,4111, .iainglitilt 1,0,J t•rit , 4 tl li w 11 ;I. atilOt ,i, 1. t i lIl #, le , 1, , 111)1ir - 1 p JOE 1 • R': '1., tire li . „41J,1,1,,IT..', 1017 :`,-:- ,.. ' ' ' 1 TYPE "B" STABILIZATION (12" Thick) (Min. C.B.R. 30) S.Y. 1024 0.. $ 26 BASE PREPARATION FOR NEW SIDEWALK CONSTRUCTION (Where needed at the discretion the Engineer) S.Y. 1,000 $ 4.0 12-: $ 49 1 W 26 LIMEROCK BASE (8" double course) (Rimed) S.Y, 10 o a $ • 27 MILLING EXISTING PAVEMENT [(1")Payment for greater cuts will be paid proportionally)] S.Y. 10,000 1 $ I ...-- $ 7c. OW 28 Hot Mix Asphalt, Traffic C, SP-9.5 TON 2,00.0 Q. $ 4itr, — $ 2 SO (AO 2 Hot Mix Asphalt Friction COurse, T ic C, FC-9.5, PG 76-22 TON . 2,000 • $ 44(..---4! $©� 30 ADJUSTING INLETS any type as approved by City Engineer EA. , $ 30o. 31 ADJUST MANHOLE(This item is contingent upon field conditions and may be increased, decreased or eliminated by the Engineer) EA. . 100 . . co $ 4450, —• $ 4 0 i 0 00, 32 ADJUST EXISTING VALVE BOXES (MIAMI-DADE COUNTY ONLY) (This item is contingent upon field conditions and may be increased, decreased or eliminated by the Engineer) EA. 100 , eo $ 400. — $40 000. / 3 REMOVAL AND DISPOSAL of e x i s t i n g damaged frames and pick up new frames at Miami -Dade 1 Water and Sewer, including adjustment and installation of Manholes. EA. 5. .2 $ coo. $2_ 530. / 34 REMOVAL AND DISPOSAL Of existing damaged frames and pick up new frames et Miami -Dade Water and Sewer, including adjustment and installation of Water Valves. EA. coo . $ 2_, SW RECONSTRUCT MANHOLE ! 0 0 •00,-- $35 36 CONCRETE CURB AND/OR GUTTER (Any type, Including base preparation) L.F. 1,500 ! i $ 2.-: °2- $ 37‘66 37 CONCRETE SIDEWALK [4" THICK, 3,000 P.S.I. CONCRETE AT 28 DAYS (Includes the cost and sidewalk curbs) pedestrian ramps. of S.Y. 2,000 $400f Cat, Bid No. 12-13-033 Page 28 411/ ,',I IR ' (4. .' 1W 1 s:-Aiiiiiiii 1111, ' Or ' 011 il 11 i Tr'0„,011 i 0,1411-1 litill I 01 101 1 11, A !iffl MI '''- iqiNil 119110,14u 1 li i 14111d OA' - i i' , 11 fl,, r eitq i ' 1 I! ldi . ! b ;1: 4 illi ltli i '1111'011,4 141 ,11,1 0111 Ail h t *Orklil , 1 iD1 ,2" iilikiiiiihitillq10 11 ,Pilrinitifili 1 1 1ii I° I MilliNkiiiiSiligENIVRit alliNif !'l'ilk g . tkliii ; IN!' rki, "141' 1, 1: clipli 1). ir A Oblid ,g inlil Wi , 11 Id h NI / a .,i III Y i 1111,1,, " , 1111 '111.11 I 'At tq. ( 11 MI ' , i,,,f, I:11} t %I 1, .41 IP i , 3 if, , ,I ' ii,ip ;11144r t ; 4 q ii li It iSili I It! S t 1 ' .:Iii!,,, t! "Ii, lifibilhth ,i0 11: -,.''• 1 1 A i 1 ,, 14 '4. kg !i JA If a it ,A .0 11 i' d I.,4,,i,1110,1_.,;1, 'I AL 1 1 $ if 1 g„. dir / illig " ' ,111. jig ,Ift ' 1th Lif ,,i,d l' 1! ' ,h„ ,, LI i . - ' I qii, fil i 1 III ti 1. 0 ri „lila ir Oth q , 1 . „' 38 CONCRE arid sidewalk ,gi% I E SIDEWALK (6 'Wok, 3000 P.S.I. concrete at 26 clays) (Including pedestrian ramps curbs) S.Y. 225 0, $ 66 — $43),Ce>0 39 DETECTABLE WARNING ON WALKING SURFACE S.F. 200 00 $ 5-z, , — $ .19_1 09D, 40 SODDING (St. Augustine Grass (Floratani) or match existing) (includes watering) S.F. 100 $ W. 6----4- $ /f60 • 41 ROADSIDE SIGNS {(SINGLE POST) (LESS THAN 12 S.F.)) AS. 42 RESET EXISTING POST AND SIGN . . 5 $ 41,42 .62 $ 00 , 43 36" TUBULAR DELINEATOR - 20 REFLECTIVE PAVEMENT MARKERS (class B, mono or bi-directional, all colors) EA. 500 . $ '3 „ 60 $ 4 so. f - PAVEMENT MESSAGES RONLY/MERGE/SCHOOURR) (Thermoplastic)] EA. 100 pa $ 444 -- $ 4 4/400. 46 DIRECTIONAL ARROWS (Thermoptastic) EA. 100 cto $ 6. $ 6 ow. / 47 GUIDELINES [(6" DOTTED) (2'-4White) (Thermoplastic)] L.F. 100 $ 0,90 $ cip. 48 REMOVE EXISTING PAVEMENT MARKINGS S.F. 50 $ 4z-e, &O. 49 THERMOPLASTIC (White) (Solid) (6") L.F. L.F. 500 500 $ 360. 50 THERMOPLASTIC (White) (Solid) (8") $ / . 0 2- $ C40 '- 51 THERMOPLASTIC (White) (Solid) (12") L F. 500 / - 44/1- $ lap , Bid No. 12-13-033 Page 29 itut II I [ 1 ut: il :1 i 111 , II ,1 dile !fli! h 42, 1111111' ' U, • !11. i ii-'0, 1.!1 ip- 1 `i ,Ikn1!cm h.Iot 1:111Wt t I. la! trtl 411111 lFip, til A'i,5,411:t0„IM11,11 ;1 11,!? tili!fiNlliiW‘ i l411,t11!; tg1400 l' .I1 6t.t.l§,i1: litlaniCflii,i" ;Ow, " 'R frAdU, 4,-o !I it,111111V,il'it ;1.!itfqi A!i!;0'T ,,h ‘' 'OW 11' 11'l1if ' VilitVig 0A11 ! ;FS 1. . f1 il1 l I ,t iiii r •JnI iiMl Ipli .I . .1' ..gi1, 11gbi4! ',MA liNAAq: iD P, ;L1 ".ti! j11ff 1M I WIN 0,611!g 1.4 Tr ii,ii..1,441!l"1 lilk ll1t)igI 1 1 N 164 lig. 11 +4.r si. 4 ' ill' r • 1-,14 Fr 1f ,it 1e iliiVir .la.1 rt itl 0., ji . Cot td. - -t44f,'gf.i iM"ii, , .,1!•. THERMOPLASTIC (White) (Sohd) (18") L.F. 500 $2 . ito $4,2,60. 52 53 THERMOPLASTIC (1Nh te) (Solid) (24") L.F. 500 $ 5, 36 $4/6C0 b THERMOPLASTIC (Yellow) (Solid) (6") L.F. 500 $ o.,72. $ 3C-0 . 55 THERMOPLASTIC (Yellow) (Solid) (18") L.F. 500 1 $ 2 . 40 $ f 56 SKIP TRAFFIC STRIPE, THERMOPLASTIC (4" WFIITE/YELLOW, 6-10' SKIP) L.F. 500 . $ 6.78 $3 96. 57 SKIP TRAFFIC STRIPE- [(4" White/Yellow) (10' Stripe, 30Skip)(Therrnoplastic, lead free)] L.F. 500 , $ 6.57( $270. SOLID TRAFFIC STRIPE - [(4" WHITE)(TherrnoplastiOj L.F. 100 $ 59 SOLID TRAFFIC STR[PE [(4"Yellow) (THERMOPLASTIC) (Lead-free)] L.F. 500 $ 0 - -5 il 6 $ 2 78 • 60 SKIP TRAFFIC STRIPE 6" White/Yellow (10' Stripe, 30' Skip) LF. 500 : $ 19 " 7 8 $ Sq6 If 61 BRICK SIDEWALK (Includes the cost of resetting or installing new bricks at sidewalk areas, pedestrian ramps and sidewalk/driveways) of S.Y. 1,000 - . $ ga .17L--- $10f 000 . 62 LANDSCAPING — planfing one (1) native shade tree, 16 ft height, 45 gal., 3" minimum d.b.h. as indicated by City Engineer. A "no -fee" Tree permit is required for this work. EA. 1 1 $ 960 92 $ c'160. 63 Root pruning or trimming existing tree or palm, any size, work to be completed by a certified landscape contractor. A "no -fee" Tree permft is required for this work. EA. $ 6, 9 6 I . $ Go a , 64 Special Provision = Contingency Allowance $50,000 Bid No. 12-13-033 Page 30 00400. PROPOSAL BID FORM: (Page 14 of 14) SUB -CONTRACTORS Contractor shall identify below all Sub -Contractors. Categories shall be added as necessary. If no Subcontractors are to be -used,- -insert the word- "Self"- in- the-- spaces -under •"Name of - - Subcontractor". The work performed by all subcontractors listed below cannot be more than 10% of the total work for this contract. • SUBCONTRACTOR'S COUNTY -MUNICIPAL NAME OF OCCUPATIONAL TYPE OF WORK SUB -CONTRACTORS LICENSE NUMBER 1. Asphalt Pavement 2. Concrete Sidewalk 3. Curb and Gutter 4. Surveyor 5. Maintenance of Traffic 6. Brick Sidewalk 7. Thermoplastic Work 8. (Other) #••••••• — a-0.9 earrar /416:31ftd 6 3-3 d s (71_ 2., Bid No. 12-13-033 Page 31 00500. SUPPLEMENT TO BID FORM: QUESTIONNAIRE THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, SUBMISSION OF THE FORM OR ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, MAY BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S REQUEST. FAILURE TO SUBMIT THE FORM OR ADDITIONAL INFORMATION UPON REQUEST BY THE CITY SHALL RESULT IN THE REJECTION OF THE BID AS NON.RESPONSIVE. The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. t How many years has your organization been in business while possessing one of the licenses, certifications, or registrations? License/Certificatign/Registration Name and Ego r # Years •C 71r 3 7 cc,vp A441,1A,L. ;t 06 IA. What business are you in? 6Vi /46 CA.S6IMal6/4. St4/""Clq-4443 ..7( 4 2. What is the last project of this nature that you have completed? A-5101-Ttsc pL7,Se"-‘c". 41771-ePieok h-tE/J"M" 3. Have you ever failed to complete any work awarded to you? If so, where and why? • 4. Give owner names, addresses and telephone numbers, and Surety and project names, for all projects for which you have performed work, where your Surety has Intervened to assist in completion of the project, whether or not a claim was made. 6 0. 5. Give names, addresses and telephone numbers of three individuals, corporations, agencies, cr w tql!zAtit_usio.114,z. which7u, h.7.74:11)ezrz work:mi. rf.4,6_ $ iv;tm.et, /rAo rt:.„ 0.4,„ 446 Nvti s7 GLPO54 (164,41 — FL '3 342.2— 96.4'-;- (IF* Aq Tr C344 11-(14rgleoie-4 vf-e4e4(addr"s) otet s 4h19,1:3 446-40_re,so (ea /1060) A/El 2 41/6. 14-11,41ft-ti Slertbie-S ? .1 g OZ "f (name) (address) (phone #) .124-0C (0/,;4" tAJag P CPT-. r.". ; 4-1""1°'frw'reZW TIDA (s4c't S A 411 A/W 4 St it4i4441, Or-3Z- 2'3?-1; • (name) (address) (phone #) 3 t7 sr_ 0.6.40 • Bid No. 12-13-033 Page 32 6. List the following information concerning all contracts in progress as of the date of submission of this bid, (In case of co -venture, list the information for all co -venturers.) TOTAL DATE OF % OF NAME OF OWNER & CONTRACT COMPLETION COMPLETION PROJECT PHONE # VALUE PER CONTRACT TO DATE ef,o,fge- E-A,.) (Continue list on insert sheet, if necessary.) 7. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? No 8. Will you subcontract any part of this Work? If so, provide the following details for each subcontractor(s) that will perform work in excess of ten percent (10%) of the contract amount. (Attach additional sheets if necessary) Subcontractor Approx. MIWBE Description of Work Name Percentage Status • lb' GP0261,k4 1.10 i 6 Z • ? 14/15746krr • 14K1 4 arc s The foregoing list of Subcontractor(s) may not be amended after award of the Contract without the prior written approval of the Contract Administrator, whose approval shall not be unreasonably withheld, 9. What equipment do you own that is available for the Work? eF A-f 10. What equipment will you purchase for the proposed Work? B1d No. 12-13-033 Page 33 11. What equipment will you rent for the proposed Work? kfo tJe •--- 12. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. foP f, -/--z=-A'c' y ,, ,+ Y� 0 D r4? t C t 2, e t_ , .S " i� �""S U m7 719cYf "7, '. 13. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (if a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do businessin}under the trade name). i . PA 13.1 The correct name of the Bidder is F[ V4.16 13.2 The business is a (Sole Proprietorship) (Partnership) Corporation). 13.3 The address of principal place of business Is /qi( rJv+l .fitO Ave‘ r i' i , 1 L _..-33472 13.4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: 04'0 L Go f,1 /„. AZES 'Bid No, 12-13-033 Page 34 13.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. /46 ttig- 13.6. List and describe all bankruptcy petitions (voluntary or Involuntary) which have been filed by or against the .Bidder, its parent or subsidiaries or predecessor organizations during the past five' (5) years.- includein the -description the -disposition of each such petition, 13.7. List and describe all successful Performance or Payment Bond claims made to your surety(les) during the last five (5) years, The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). 13.8 List all clams, arbitrations, mediations,civil actions, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. 13.9, List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. Bid No. 12-13-033 Page 35 13.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? if yes, provide details. 13.11. Under what co.nditions does the Bidder request Change Orders? (AIX/'1 1 13.12. What is the nature and amount of the three largest change orders submitted by the bidder within the past five years, and their disposition? of —, Bid No. 12-13-033 Page 36 00502. SUPPLEMENT TO BID FORM: CUSTOMER REFERENCE LISTING (Page 1 of 2) Contractors shall furnish the names, addresses, and telephone numbers of a minimum of five (5) firms or government organizations for which the Contractor has provided services for projects of similar size, scope and complexity ever a three (3) year period. 1) -Company Narne r"4t►' '{,f ---.�f . °9 WO fl Address •.i 1'f /J vV 1st .s [.. !"c(' ,,% / L. 33 Contact PersonlContract Amount V et4OQ I/'0 5 A ( iL L. /ph$) Telephone No. /Fax No. 349f 2-1 7" 9ft2 fir 9OJ' 7s- !'3 4' 2} Company Name FP a l . Address 'f,I 0o0 N 444Ave: ( I / F- 3172.- Contact Person/Contract Amount r l eft D C., - k Yq, Telephone No. /Fax No. '" ',4_ 03-40-1-) I �l i E V#Z L4�- 3) Company Name Address -'jock s Air Z!! A /4-01 Contact Person/Contract Amount SC07- li1_S i 4.r-L Telephone No. /Fax No. 34(P /'ra z o Pi-'' '"7 €00 k) 4) Company Name aH7i, c F Address 494Z4O ►Jlj. coud ? Cl- L/.La D 2 . 4VE? M,FL Contact PersonlContract Amount ib /' L "X NO fle- Se.r- 46 - 3 Telephone No. /Fax No. Sid No, 12-13-033 Page 37 00502, SUPPLEMENT TO BID FORM: CUSTOMER REFERENCE LISTING Page 2 of 2) 5) Company Name Address Address /j y Contact PersonlContract Amount fL (-N )6 u (rtfl 4 3I31174-0.1 Telephone No. IFax No. ' O g ea — 672 4 �t� 1. ! �t►,) 7) Company Name t O F //�� Se l& G Address 34C V`a • Royott Pa tASC' t4-JJ.11 Bc---V r Mkt"( gft s, 'F 47(i OF it4E"D 4.5-6 SE. AYE. aKr 1.D,.L 33© o Contact Person/Contract Amount t i�SYi4 (u,a (f ��10,6-1164 14 Telephone No.1Fax No. 30 5.-- 2-24 -24 � 0 - ) - 6 E33 6) Company Name VV l L t14M S F 4Vl N co (..t f4-0 /too° low tive-A. Pa . t-4Ebi,Ey, FL- 8) Contact Person/Contract Amount LA- 14-0 6Q o ` Telephone No. /Fax No. .%V02 - 5-f Vo Mari " 71 Sc C� 9Qr S7"7' Company Name LA i t6!lJ ?el6 e''DeVaaP. C / -P Address 474 7(0 lV W 98 A-V8. ifi4t-eA.44 OheDez, EL Contact PersonlContract Amount '" afg '- (44-61Q-E- TW •, Telephone No. /Fax No. 3 OW- D 3 33 ' 1 Co Bid No. 12-13••033 Page 38 00510. OFFICE LOCATION AFFIDAVIT (Page 1 of 2) Please type or print clearly. This Affidavit must be completed In full, signed and notarized ONLY IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI. Legal Narne of Firm: Entity Type: (Check One) Partnership Sole Proprietorship Corporation Corporation Document No: Occupational License No: Date Established Date of Issuance erY� • C '� aET0I ' • Scr•aw, PRESENT Street Address: City: State: How long at this location: PREVIOUS Street Address: City: State How long at this location: According to Section 18-85 of the City of Miami Code, as amended: "...when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by .one. or more. responsive, .responsiblelocal bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non-iocal bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." The intention of this section is to benefit local bona fide bidders/proposers to promote economic development within the corporate limits of the City of Miami. I (we) certify, under penalty of perjury, that the office location of our firm has not been established with the sole purpose of obtaining the advantage granted bona fide local bidders/proposers by this section. 00510. Bid No. 12-13-033 Page39 OFFICE LOCATION AFFIDAVIT (Page 2 of 2) Authorize Signature Authorized Signature Print Name Print Name (Corporate Seal) Title Title Authorized Signature Authorized Signature (Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture,) NOTARIZATION STATE OF FLORIDA, COUNTY OF MIAMI-DADE That: personally appeared before me and acknowledged the foregoing instrument as his/her act and deed, That he/she has produced as identification, NOTARY PUBLIC: My Commission Expires: Please submit with your bid copies of Occupational License, professional and/or trade License to verify local status. The City of Miami also reserves the right to request a copy of the corporate charter, corporate income tax filing return and any other documents(s) to verify the location of the firm's office, Bid No, 12-13-G33 Page,40 H&RPAV[-01 STWIGGS -:.;,PA iy CERTIFICATE OF LIABII�.,F "Y INSURANCE DATE(MMND/YYTY) 4/12/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, . IMPORTANT: If the certificate ho[der Is an ADDITIONAL INSURED, the pelicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the •certificate holder In lieu of such endorsement(s). . PRODUCER Collinsworth, Alter, Fowler & French, LLC 8000 Governors Square Blvd Suite 301 Miami Lakes, FL 33016 CONTACT PMO, NnNE FAX (Ara, Exi}:(3305) 822'7800 (Alc, Ne ; (305) 362-2443 EMAIL ADDRESS: lNsURER(S) AFFORDING COVERAGE. NAIC # INSURERA;Travelers Indemnity Co. ofArnerica 25666 INSURED H & R Paving Inc. • 1955 NW 110th Ave Miami, FL 33172 • INSURER B: Travelers Property & Casualty Co. of America 25674 INsuRERC:Commerce & Industry Ins. Co. 19410 INSURER 13: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED' BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR LTR TYPE OF INSURANCE ADDL INSR SUER 4WD POLICY NUMBER POLICY EFpF (MMIDDIYYYY) POLICY EXP (MM/nDrYYYY) LIMITS GENERALLIAE3ILITY EACH OCCURRENCE $- 1,000,000 A X COMMERCIAL GENERAL LIABILITY DTCO9831P196TIA12 5/1/2012 5/1/2013 DAMAGE .(E OCChU PREMISES.(Eoccun-enca) $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 X XCU Included PERSONAL &ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 IPOLICYIiIPRD- LOC $ AUTOMOBILE LIABILITY COMBINED adeSINGLE LIMIT nt) $ 1,000,000 13 X — ANYAUTO DT8109S31P1BBCOFI2 5/1/2012 8/1/2013 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS( BODILYfNPeraccident) JURY t $ X HIRED AUTOS XNON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 C EXCESS LIAR CLAIMS -MADE 13E012031134 6/1/2012 6/1/2013 AGGREGATE $ 5,000,000 DED f X RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- TORY UAIIJS OTH- ER ANY PROPRIETOR/PARTNER/EXECLrrNE EXCLUDED? Y1 N N 1 A E.L. EACH ACCIDENT $ OFFICER/MEMBER (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE •$ . If yes, describe Under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Leased/Rented Equip QT6600877R99ATIL12 5/6/2012 5/6/2013 $1,000. Ded Applies 250,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more space Is required) Project Name: Citywide Payment Resu rfac • 'CERTIFICATE HOLDER CANCELLATION City of Miami Public Works Department 444 S.W. 2nd Ave 8th Floor Miaml, FL 33130 J SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN • ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/(}5) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY Producer: Lion Insurance Company 2739 U.S. Highway 19 N. Holiday, FL 34691 • INSURANCE ,..�a This Certificate is issued as a matter of information only and confers upon the Certificate Holder, This Certificate does not amend, coverage afforded by the policies below, Data 4/12/2013 no rights extend or alter (727) 938-,5562 �thee Insurers Affording Coverage NAIC # Insured: South East Personnel Leasing, Inc. & SubsIdlarie9 InsurerA: Lion Insurance Company 1t075 2739 U.S. Highway 19 N. insurers; Holiday, FL 34691 InsurerC: . InsurerD: Insurer E: . Coverages t... The policies of insurance listed below have been issued totheinsured named above for the policy period Indicated, NotwMond ngany requremenl, term orcondltlon any contract orother document with respect towhIcn This certificate maybe Issued or may pertain, the Insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policJes. Aggregate limits shown mayhem:, been reduced by paid claims. INSR LTR ADDL INSRD T eaflnsurance yp Polic Number Y Policy Effective Date (MM/DD/YY) Policy Expiration Date (MM/DD/YY) Limits 1_NERAL LIABILITY Each Occurrenceim .. Commercial General L)abillty Damage to rented (EA .. Claims Made occur premises occurrence) $ MedExp $ I'. -....... ... ... ......... eneral aggregate limit applies per: Personal Adv Injury $ ■ Poftw Project LOG General Aggregate $ Products. Comp/Op Age $ UTOMOBlLE ■: LIABILITY AryAuto Combined single Limit (EA Accident) $ Al OwnedAutee Scher uled Autos Bodily BJuly (Per Person) $ • Hired Autos Nan -Ow edAutos Bodily Injury (Per Accident) $ Property Damage (Per Accident) $ EXCES51iJMBRE) LA LIABILrfY Each Occurrence Occur i 'Claims Made 3J Aggregate A . Workers Employers' Compensation Deductible and Liability WC 71949 01/01/2013 01/01/2014 X WC State- tory Limits OTH- ER Any proprietor/partner/executive officerlmember E.L. Each Accident $1,000 000 excluded? No EL. Disease - Ea Employee $1,000,000 If Yes, describe under special provisions below. E.L. Disease -Policy Limits $1,000,000 Other Lion Insurance Company is A.M. Best Company rated A- (Excellent). AMB # 1261.6 Descriptions of Operations!LocationsNehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 83-67-091 Coverage only appiles to active employee(s) of South East Employee Leasing Services, Inc. that are leased to the following 'Client Company": H & it Paving, Inc. Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. a Subsidiaries active employee(s) , while working In Florida. Coverage does not apply to statutory employoe(s) or independent contractor(s) of the Client Company or any outer entity. A list of the active empldyee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or by calling (727) 938-5562. Project Name: CITYWIDE PAVEMENT RESURFACING , FAX: 305-416-1278 / ISSUE 04-12-13 (TLD) • Begin Dete:12/23/201.2 CERTIFICATE HOLDER CANCELLATION CITY O* MIAMI PUBLIC WORKS DEPARTMENT ATTN ELYROSA ESTEVEZ 444 SW 2ND AVE 8TH FLOOR MIAMI, FL 33130 Should any of the above described' policies be cancelled before the explrallon dale thereof, the Issuing InsurerWill endeavor to mail 30 days Milan notice to rho cerli heats holder named to the left, but failure to dose shall Impose no obfigalien orllab?ityofnnykind upon lhs Insurer, its agents or representatives. ke _...s_,...-.,-w.._...._...-. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Laura D Mosholder, John R Neu, Charles J Nielson, Brett M Rosenhaus, Kevin Wojtowicz, Mary C Aceves, Glenn Arvanitis, Charles D Nielson, David R. Hoover, Katherine S Grimsley, Individually of Miami Lakes, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed, This Power of Attorney is made and executed pursuant to and by authority of the By-law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 21 st day of September, 2012. State of South Dakota County of Minnehaha } as WESTERN SURETY COMPANY aul T. Bruflat, Vice President On this 21st day of September, 2012, before me personally came Paul T. Bruflat, to me known, who, being by ma duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires June 23, 2015 ,.....,'Mv,,,„„ W/bhNh4a13hYhW+N } }r J. MOHR °. NOTARY PUBLIC r 5Ep SOUTH DAKOTA s pi4L s rp +yaw.004,y.w, e,r aaaaaaw,aai. CERTI1?ICATE (poi 6L-hx) r. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 10th day of April 2013 WESTERN SURETY COMPANY .r L, Nelson, Assistant Secretary Bonn 114280-7-2012 Citywide Pavement Resurfacing Contract, M-0098 Bid #12-13-033 1 :: p - - i '. ..:... ...:. l .SsRPaVlI g',ln ,� : i � c+cFt,�''.—��,-� _ cz �ul�t�o�l~iid�3�l�s� 0o jser-f nl" .:.{t '4titnuriRllaspfial�`Gdl'p cost 1)• Ittlyl. 6a�-:',£2.• 'fot81 CA.V•• ., .;H-,emu �..� Th 'a1to`$.t; Item # Item Quantity CostperJten'li"' r_O et':Caat: 1 10000 ....:.. `i'. $2'7,Oa :: €'$270;Aa0 oa i ": p 70k-O00,Q0 l' $2osArs 20000b 00 2 10000?::.:: _::K:$l;00'�' 'i$10,90000 ti 3$-604.0 , oF00otiQ .F $too,o0 (1000,00600 , -3or0ao 00 3 6 :`''' , : ; $100 E:i ''' ;,V,ao t . i ,U 000 ip mot; ,060 00 . $$ 000 00 4 6' $100 `.:0600 a,- '00p00 ?-- .K.403 O •$5000;0Q t $sot000a0 5 500 -i 4u, ;'tii;:$1:00 lj ' is $500:001.4, , RO :r '$S9 f W`3 0b t . , 1500 C1. 6 50 .: -... ;00 5 ',iJO , - 0 'FI Am - 5'i30 - 0 7 40 ' !i q ;'d_ $1a.00 ':";; S , $A00 00 a r '`s o i ' 4015 b0 ,... - * $.15.00 .,- .- $6a0i0Q .$25 8 5 ;':.,.=:: `$1.0;00 .: $50 00 _ •ate,14-4-1;"f . M4.. -00 -V A ' ($5;00 9 5 a ;?°_',;;: 1$50.00 '; $250 00' �$44d0. .$* 00 _ $504 00 - - $*00 00 10 15 ; ; "2':$42.00' $630 00 . r'Ri i0 00 ` . " rt 5.(104.0. $40 i7 $600 00 11 50 :`. -: t;;::•,i;:^.$24,00 ': $1,200 00 .- 50 Q! a-i L,,„.. Q $40 0a uOa0 j)0 12 6 - ' _:':.;-I $1$00 '$6 00 ,.,,1..wy- U0 W o00.t`01l t .-5- , $30 000 0`0' 13 1000 - .:.:. $p,30 $300;00'. r4'` ` 4i7 F.6b . -. 6110-00 7 . $QS?1 500 0:Q 14 5 ..`.' D$100:00 ' $500 00 sue-"` _,, 'I,00 #-:145'5 . a ..$I3;o0 t - $25:OQ 15 1000 . 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'iiy,a.. - 01. .__.....:a=�•:.-:-:,�„�°ab:04�.k:z„_,_:$2Aa00�. 7$s 3 41 `=;`5�Wod;� =i s^:_6: V:$25:ab f:':':=':3; :�;52'oiso,oa $2'S;aoo;oQ • ._25 1o06:r.,_::;.$�o.00,::,::��1aooa:aa.=4 26 10 14.:$20 00 ; ::i =;i=? .: $200 00 .•',`•, r..$50,00 s ? 4500,60 .$$. j .. , ,$1Y0o 27 10000 zfEEicL=':$7i50 7$7$,'.0'OC!:i74 3:4-Ata=F.. a59000 #':•,.in,..,. 14St0a 00900; 0 28 2000 •;:I< •;':;$115,00.'.$230;00000 T 39;0'0 ,x2 00Q_0,b iviAt61000 $45000ao 29 2000 ..:: I$1L5,00 ;-_ $2"30,00000 ` f 1nt0 $ 8-b00Q.i40 z ,_ t4.80Q;00 '*;. $60ik;000:00 30 5 :' !`.:' ::$300,00 "iy%;? $1;500 00 =410 OQ ,i-F j -n0;0 3 ;L: r 1300;00 ';%'•' ' $3,o0(1;Q0 31 100 .::. ;$100;00 ;'''.L ;'$'10;000 00 F 3 'IoQ 0 $1011Q0 OQ - $000 00 . $60;000.A0 32 100 ?`$L00,00'°:1"'$10,000,00`-;', `a:.;:#1: Qo0d._:,;5:,'"$50ioPt•140 0.0o ;. $100.04o '33 5' ,';:4'W=$500,00 ':i ;';:.: _$2,50000 ', .;• too6o 1.W$16Q0:0o. x,". , c.$150;00 _ ,_.:=..$75000, 34 5 :� : - : =' $500:00 ` ::: i i$2,500,00 ' :; , - P. 00 yr �,' t 6o b0 r -, 4'1SQ:oo . 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'=$60,00 •: _i$3Bj500 00 45 00 1 t2 0o $1Q0,0d $2 410 00 39 200 i..i';450,00 _r. .$7.0000,00:n.:..__ i5.f50 ..,gs,600x: . $110.0(1 or _$'140,Q0000 40 300 :. _.'= is _ ;.$160 ' , ,;;r^^: ; :t:$160 00 --' - .-0d 60:;00 . _ $1.a,da $x Qo0ao 41 3 :'.$294;00 ' :, -$882 Q0 rt , $$d0I60 "400.0 "500(0) ,}z4,$000,00 42 5 .:i;:':<.$120.00'.'.:' ,:: "%$50000giggi103 04J=x 50IT6o '.. $2�u0�00'. x .:.$1; ..0,00 43 20 _ _ 60:00 ' �`'$ ..:, .ii -: i:1'`200;00 � , � __.%:-``=.�=t '#30 ,.�- ��` :.._ ==-='b - r-�5��0;09 f $1Q0,a0 Z: 0:',A' v` r0 � :Q 44 500 ..1: ''53 6 . 1,800 00 .t .' z- --i: �f! ..._ __og:§} 14l (1 ,.._.00 , ..:. `3 0OA 45 100 . -::{ :- $144,00 ;'; : 'a $.14,400 00 � ti• igge'j0 ; "--- $ o i ' 0a j5 t2k 00 -"'-�`23;6055 0Q 46 100 . i;c=:: $60100 'i';` ..'$6 000 00 ..y-l. 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'0.7 .::,:,060,00 ,X - - —' 0:;$.1,=- :;,--7, di DA --' - = - $1X(l:' -�'5p',Atl v..'$.3,'76O:bb 55 500 :.:..: :':-$2140 '.,iq: ;.$1;200 00 r Ott <,$:14(4 56 SOO:;.s.;,.-: $a1:58 _........... 3 , .;_ ::. _ . ,:- '- i_$' _.- - _ 4i5b a``.I 57 500 ............:..::: L,...._ IM'il i 270-.. + M k__ �o `: _ _ 4 b o :9a ; =... 75.0. 0 58 100: O;S4 $54,00 _--��0�0 r_. __ ;'0b'; _-.1;-,:p , - 'lffia a 59 S00 ;; ,::7.;.1-$0:54 .. 4:;',`,r`$270 00 l PAM �I?Q09 .: : < .,S tIQ f .:. 45I 0001:0Q. , :';r.. �� 60 500 _ - - 0:75 :-:;+.., 890':00 `1` rr _. - - t ; _ MAP. - --_ - 6 ' _ " 61 1000 ..' ; ;:$80.00 ' is ;';,$80,000 00 ;i -- 0OQ . `5 ,00Q to • -� i$54.0d 1 4 $ 6,000, 00 62 1 $960;00 '" $96Q 00 t - 8tr 0D 00Q0 ' ; 4$2i000e00 4 '$".Ltdd,. CA +{t 63 1 $600:00 ::: $600 00 ; - 40IF-®i r }1i0-00 $300 06 64 1 , , $. .; z:Pi'l$50,'000.!00 . ; '' i _ :>$55,000:00 k x 05145AI100 .. - - 1$6 0000I1 ,ts , . 450 Q00'06 , : s",'`$ob0,,ob '�'. . _,45a,b06,60 7'4ta1;: ''' -:' T � ``:: $1,201.,812 00 $ 36o- 6 00 T6tai ¢ f; ,— , y 9 16C-0 00410. BID BOND FORM (Page 1 of 3) State of Florida ) County of Dade) SS City of Miami ) KNOWN ALL PERSONS BY THESE PRESENTS, that H & R Paving, Inc. as Principal, Western Surety Company as Surety, are held and firmly Five Percent of bound unto The City of Miami, in the penal sum of Amount Bid Dollars ($ s% .) 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 April 30th , 20 13 , for: CITYWIDE PAVEMENT RESURFACING CONTRACT, NI-0098 Bid No. 12-13-033 NOW THEREFORE: (a) 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 bld 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 arnount 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. 00410. BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this loth day of April , A. D., 2013, the name and corporate seal of each party being hereto affixed and these presents duly signal by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership, PRINCIPAL: Partnership, or Joint Venture, two (2) Witnesses are required. If Corpor tion, Secrete only w)r test and affix keel) I.Ve/.e-CjA- d�! Affix Seal as per attached Power of Attorney Surety Secretary H & R Paving, Inc. • (Signature o authorized Raul Gonzalez, President (Title) 1955 NW 110 Ave. (Business Address.) Miami, FL 33172 City State Zip Surety: Western Surety Company (Corporate Surety) Affix Seal r (r i4) DID_ (Signature of Authorized Officer) Charles D. Nielson,'Attorney-in-Fact (Title) 333 S Wabash Ave. (Business Address) Chicago, IL 60604 • City State Zip Nielson, Hoover & Associates (Name of local Insurance Agency) Address 305-722-2663 Telephone Number *8000 Governors Square Blvd., Ste 101 Miami Lakes, FL 33016 00410, SID BOND FORM (Page 3 of3) CERTIFICATE AS TO CORPORATE PRINCIPAL 11 Lucretia Gonzalez , certify that 1 am the Secretary of the Corporation named as Principal in the within bond; that Raul Gonzalez of said corporation; that I know his signature, and the signature hereto is g uine; and that said bond was duly signed, sealed and attested for and in behalf of said c} poration by ahority of its governing body. STATE OF FLORIDA ) COUNTY OF DADE City OFMIAMI ) SS Lucretia Gonzalez ate Seal) Before me, a Notary Public duly commissioned, and qualified, personally appeared Charles D. Nielson to me well known, who being. byME) first duly sworn upon oath, says that he/she is the attorney -in -fact, for the Western Surety Company and that he/she has been authorized by them to execute the foregoing bond on behalf of the Contractor named therein infavor of The City of Miami, Florida. Subscribed and sworn to before me this 10th INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions to Bidders day of April A. D., 20 13 Notary / ubllc, State of Florida at Large My Commission Expires: August 5, 2016 q Notary Public State of Florida Mary C Aceves of My Commission EE 216582 Epp n't° Expires OS/05/2016 00600 CONTRACT By and Between CITY OF MIAMI And (Bidder) This AGREEMENT (hereinafter "Agreement") , is made and entered into this day of 2013, but effective beginning ten (10) days after Notice to Proceed is issued by the Department's Director, in accordance with the Contract Term set forth below in Article 7 (the "Effective Date"), by and between the City of Miami, Florida, a municipal corporation of the State of Florida, whose principal address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 (the "City"), and , whose principal address is (the "Contractor"). WITNESSETH: WHEREAS, pursuant to Resolution No. , adopted by the Miami City Commission on , 2013, the City Commission accepted the competitive bid of to provide for the installation and replacement of the sidewalks citywide, to the City (the "Work"), and authorized the City Manager to enter into an agreement for the Work with the Contractor for a period of one (1) year, (365 calendar days), with up to four (4) additional one (1) year options to renew the term. The City Commission further authorized the City Manager to execute said options to renew subject to the availability of funding and Contractor's performance. NOW, THEREFORE, in consideration of the foregoing recitals (all of which are adopted as an integral part of this Agreement), and the promises and covenants contained herein, and other good and valuable consideration, the receipt of which are hereby acknowledged, the parties hereto mutually agree as follows: ARTICLE 1. SCOPE OF WORK: The Contractor shall furnish all labor, materials and equipment and perform all the work in the manner and form provided by this Agreement and the Contract Documents, attached hereto and made part hereof, for complete installation, maintenance and repair of street pavement and sidewalk areas, for the Contract Term set forth in Article 7 below and for the project entitled: CITYWIDE PAVEMENT RESURFACING CONTRACT, M-0098. Bid No. 12-13-033 Page 41 ARTICLE 2. THE CONTRACT SUM: The City shall pay to the Contractor, for the faithful performance of the Contract, subject to any additions and deductions based on unit prices and work performed, up to an annual amount not to exceed , all as provided in the Proposal and other Contract Documents attached hereto as Exhibit "C". The City Manager or his Designee, at their discretion, may exercise the four (4) additional one (1) year options to renew and the funding shall be as follows: The first option to renew in the annual amount of during Fiscal Year The second option to renew in the annual amount of during Fiscal Year The third option to renew in the annual amount of during Fiscal Year Thefourthand final option to renew in the annual amount of during Fiscal Year ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with the provisions fully set forth in the "General Conditions" of the "Specifications" in the Proposal attached hereto, and subject to additions and deductions as provided, the City shall pay the Contractor as follows: (a) On or before the 10th day of each calendar month, the City shall make partial payments to the Contractor on the basis of the estimate of work performed by the Contractor during the preceding calendar month, duly certified and approved by the City's Project Manager. (b) Upon submission by the Contractor of evidence satisfactory to the City that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Specifications or by the Contractor have been furnished and are found acceptable by the City, final payment on account of this Agreement shall be made within sixty (60) days after completion by the Contractor of all work covered by this Agreement and acceptance of such work by the City. ARTICLE 4. TIME OF COMPLETION: The Contractor shall commence the work to be performed under this Agreement and the Contract Documents within the number of consecutive days after the date of written notice from the Director of the Department of Public Works to begin work as noted in the Proposal, and shall fully complete the Contract Scope of Work in accordance with this Agreement and the Contract Documents within the number of calendar days as set forth in the Proposal. It is mutually agreed between the parties hereto, that time is of the essence of this Agreement, and, in the event that construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the City may retain for each day thereafter, Sundays and holidays included, that the work remains uncompleted, the sum set forth in the General Conditions of the Specifications, as modified by Division 2 - Special Provisions, which sum represents the actual damage(s) which the City of Miami, Florida, will have sustained per day by failure of the Contractor to complete the work within the time stipulated, and this sum is not a penalty, but will be the liquidated damage(s) that City will have sustained in event of such default by the Contractor. Bid No. 12-13-033 Page 42 ARTICLE 5. ADDITIONAL BOND: It is further mutually agreed between the parties hereto, that if, at any time after the execution of this Agreement and the Performance Bond hereto attached and incorporated herein as Attachment "A", when required for its faithful performance, the City shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, in the opinion of the Engineer; such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within five (5) days after receipt of notice from the Engineer so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City. ARTICLE 6. CONTRACT DOCUMENTS: All of the documents hereinafter listed form the Contract and they are as fully as part of the Contract as if attached to this Agreement, or repeated in this Agreement: ADVERTISEMENT FOR BIDS PROPOSAL BID BOND (N/A) CONTRACT PAYMENT AND PERFORMANCE BOND (N/A) MAINTENANCE PERFORMANCE BOND (N/A) INSTRUCTIONS TO BIDDERS SPECIFICATIONS ADDENDA PLANS: N/A As prepared by E. Estevez Entitled: M-0098 ARTICLE 7. THE CONTRACT TERM: The original Contract Term is one (1) year (365 calendar days) effective ten days after Notice to Proceed is issued by the Department's Director. The City has up to four (4) options to renew the term of the contract, each for a period of one (1) year, subject to availability of funds and Contractor's performance. The terms for all four (4) options to renew shall begin ten (10) days after Notice to Proceed is issued by the Department Director. ARTICLE 8. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for project activities and is subject to amendment or termination due to lack of funds, reduction of funds, and/or change in regulations, upon thirty (30) days written notice. ARTICLE 9. NOTICES: Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of Bid No. 12-13-033 Page 43 delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Nzeribe (Zerry) Ihekwaba, Ph.D., P.E. City of Miami Director of Public Works 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 With copies to: PW Contract Manager City of Miami Department of Public Works 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130 For Contractor: 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 Bid No. 12-13-033 Page 44 arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. Each party shall bear their own attorney's fees. ARTICLE 13. AMENDMENTS: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City Manager and Contractor. ARTICLE 14. PRIOR AGREEMENTS: This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Article 13 above. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and year first above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract*. WITNESS: (If Corporation, CONTRACTOR: attach Seal and Attest by Secretary) BY: Print Name: Corporate Secretary Party of the second part BY: Print Name : Print Title: (Employer Tax I.D. Number) *BECAUSE CONTRACTOR IS A CORPORATION, THERE SHALL BE Al 'ACHED TO EACH COUNTERPART AS Af`l'ACHMENT "B" A CERTIFIED COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CORPORATION, AUTHORIZING THE OFFICER WHO SIGNS THE CONTRACT TO DO SO ON ITS BEHALF. Bid No. 12-13-033 Page 45 (SEAL) THE CITY OF MIAMI, FLORIDA, a municipal corporation, Party of the first part ATTEST: BY: Todd A. Hannon Johnny Martinez, P.E. City Clerk City Manager RESOLUTION NO. 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 Victoria Mendez City Attorney Bid No. 12-13-033 Page 46 03300. GENERAL. CONDITIONS: 1. Contract Documents: 1,1, The formal solicitation, Bidder's Response, any addenda issued, the Contract Documents, and all subsequent work orders and purchase orders shall constitute the entire Contract, unless modified In accordance with any ensuing Contract, Amendment or Addenda. 1.2. The Contract Documents, along withall documents that make up and constitute the Contract, shall be followed in strict accordance as to Work, performance, and material except when the City may authorize, in writing, an exception. 1.3. Contractor shall not proceed with any Work when in doubt as to the Work, and shall seek clarification from Project Manager, City Engineer and/or Owner, 2 Intention of City: It is the intent of City to describe in the Contract Documents a functionally complete Scope of Work to be performed in accordance with the Contract Documents and in accordance with all codes and regulations governing the Work. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically stated. When words, which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. Please refer to the Public Works Department - STANDARD CONTRACT DOCUMENTS AND SPECIFICATIONS FOR PUBLIC WORKS PROJECTS. 3, Terms of the Contract: The successful bidder shall be required to enter into a contract with the City .of Miami, which shall include but not limited to, the following terms: The term of the Contract shall be for an initial term of one (1) year, commencing as of the date stated on the Notice to Proceed. The City shall have the option to extend the Contract for four (4) additional one (1) year term periods each by giving the Bidder at least thirty (30) days prior written notice. Extension of the termofthe Contract beyond the initial period is an option to the City to be exercised in its sole discretion, and which does not confer any rights upon the Bidder, and shall be based on availability of funding and contractor's performance. The City shall have the right to terminate the Contract, for any reason whatsoever and at any time, upon thirty (30) days prior notice to the bidder. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City with continual service while a new contract is being solicited, evaluated, and/or awarded, If the right is exercised, the City shall notify the Bidder, in writing, of Its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. Bid No. 12-13-033 Page47 4, Preliminary Matters: 4.1 Within ten (10) days after the award of the Contract the City shall hold 'a kick-off meeting with the Contractor. The City may require that the Sub -Contractors also attend this meeting. 4.2. Within five (5) calendar days prior to the kickoff meeting described in Section 4.1, the Contractor shall submit to the Project Manager for review and acceptance: 4.2.1. A detailed construction plan for the proposed work in a format acceptable to the City: The construction schedule plan shall Indicate the start and completion dates of the various tasks for each Work Site and shall include a narrative of the procedures to be used and a list of all equipment to be used in the performance of the Work, The construction plan must be updated to reflect any changes and submitted for approval to the Project Manager. Approval of the maintenance plan by the Project Manager shall not relieve the Contractor of the sole responsibility and liability for the performance of the Work. 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 annual Contract Price guaranteeing to City the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, laborers., or subcontractors employed pursuant to this Project. Each Bond shall be with a Surety, which is qualified pursuant to Article 6. 5,2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the Work with liability eq.ual 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. 12-13-033 Page 48 6. Qualification of Surety: 6,1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 6.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 6.1.2. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions, If the amount of the Bond exceeds the underwriting limitation -set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111), Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 6.1.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial Holders Amount of Bond Ratings. Category 500,001 to 1,000,000 . B+ Class 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. 12-13-033 page 49 6.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 7. Indemnification: 7.1 Contractor shall indemnify, defend, save and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "liabilities") arising out of, resulting from or in connection with (I) the performance or non-performance of the services, supplies, materials and equipment contemplated by this Agreement which is directly or indirectly caused, in whole or in part, by any act, omission, default, professional errors or omissions, or negligence (whether active or passive) of Contractor or its employees, agents or subcontractors (collectively referred to as "Contractor"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any .act,omission, default, breach, or negligence (whether active or passive) of the Indemnitees, or any of them, or (II) the failures of the Contractor to comply with any of the provisions herein; or (Hi) the failure of the Contractor, or the Indemnitees, if applicable, to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal, state, county, or city in connection with the granting or performance of this Agreement, or any Amendment to this Agreement,or any actions or challenges that may arise out of this Amendment of the Agreement by, as due to alleged failure to comply with any applicable procurement requirements or similar limitations imposed on such agreements by law, Contractor expressly agrees to Indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Contractor, or any of its subcontractors, as provided above, for which the Contractor's liability to such employee or former employee would otherwise be limited to payments under state Worker's Compensation or similar laws. This section shall be interpreted In a manner to comply with any applicable Florida Statutes, including ,without limitation, 725.06 and 725.08, F.S., if applicable. This Indemnification shall survive the cancellation or expiration of the Agreement. 7,2 The Indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by Section 7.1 above which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. 8. insurance Requirements: 8.1. Without limiting any of theother 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. 12-13-033 Page 50 [ X ] 8.1.2.1. Premises and/or Operations. [ X ] 8.1.2,2. independent Contractors. [ ] 8,1.2.3.. Products and/or Completed Operations for contracts with an Aggregate Limit of Two Million Dollars ($2,000,000.00) per project. Contractor shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. [ ] 8.1.2.4. Explosion, Collapse and Underground Coverages. [ ] 8.1,2.5. Broad Form Property Damage, [ ] 8.1,2.6, Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ X ] 8.1.2,7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [ X ] 8.1.2,8. City is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for City by or on behalf of Contractor or acts or omissions of Contractor in connection with general supervision of such operation. [ ] 8.1.2.9. Employee included as insured, [ X ] 8.1.2.10. Contractual Liability. [ X ] 8.1.2,11. Waiver of Subrogation. [ X ] 8.1.2.12.Personal and Advertising Injury. [ X ] 8.1.2.13. Loading and Unloading. [ X ] 8.1.2.14. Mobile Equipment (Contractor's Equipment) whether owned, leased, borrowed or rented by Contractor or employees of the Contractor, 8.1.3. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 8.1.3.1. Owned Vehicles. 8.1.3.2. Hired and Non -Owned Vehicles. 8.1.3,3. Employers' Non -Ownership. 8.1,3,4 Employees Included as insured 8.1,3.5 City of Miami as Additional Insured [X ] 8.1.4. Umbrella Policy 8.1.4.1. Bodily injury and property damage liability with limits of Two Million Dollars ($2,000,000) each occurrence and an aggregate limit of Two Million Dollars ($2,000,000). Bid No. 12-13-033 Page 51 8,1.4.2. Products/Completed operations aggregate limit of Two Million Dollars ($2,000,000). Excess coverage over the policies as follows: 4 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 "All Risk" coverage including installation and transit for 100 percent of the "installed replacement cost value," covering City as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim, 8,1.6.1. 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) clays 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 Bfd No. 12-13-033 Page 52 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 end 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 Workin such manner and in such sequence as will insure the least practicable local interference. 10.10 The Contractor shall direct all citizen inquiries to the City Project Manager and should act professionally at all times. 11. Worker's Identification The Contractor's employees, who include any subcontractor, shall wear an identification card provided by the Contractor, The identification card shall bear the employee's picture, name, title and name of the employer. Failure by a Contractor's employee to wear such identification may result in his removal from the Work until such time as the identification card is obtained and worn. Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time. 12. Royalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included In the prices stipulated in this Contract for said Work. Bid No. 12-13-033 Page53 13. Weather: No extensions to the Contract Period will be granted for weather related delays unless by a hurricane, City declared emergency or other occurrences that result in the City issuing a Stop Work Order. 14. Permits, Licenses and Impact Fees: (Contractor must obtain and submit all permits (Excavation, Special Events/Police, MOT, NPDES, Trees, etc,) prior to performing any work). 14,1, Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Contract shall be secured and paid for by Contractor prior to commencement of work. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 14,2. If applicable, all impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 15. Resolution of Disputes: 15,1 To prevent all disputes and litigation, it is agreed by the parties hereto that the Public Works Director shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and Contract Administrator's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Article 15,2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of City and Contractor shall be submitted to the City in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, the Public Works Director shall notify the Contractor in writing of his/her decision within twenty-one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless the Public Works Director requires additional time to gather information or allow the parties to provide additional information. All non -technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein, During the pendency of any dispute and after a determination thereof, Contractor, and City shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 15.2, in the event the determination of a dispute under this Article•is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Value adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided Bid No. 12-13-033 Page 54 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 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. Bid No. 112-13-033 Page 55 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 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 shalt 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 Iaw(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 Bid No. 12-13-033 Page 56 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 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. Ail 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: Bid No. 12-13-033 Page 57 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 23. Interfering Structures and Property Take necessary precautions to prevent damage to existing structures and property when accessing the Work Site(s), The Contractor Is solely responsible for any damage to personal, City or other public property. 24. Site Investigation and Representation 24,1 The Contractor acknowledges that it has satisfied itself as to the nature and location of the Work, the general and local conditions, particularly those bearing upon availability of design, transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, the conformation and conditions at the ground, the type of equipment and facilities needed preliminary to and during the prosecution of the Work and all other matters whichcan in any way affect the Work or the cost thereof under the Contract Documents. 24,2 The Contractor further acknowledges that he has satisfied himself as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory work that may have been done by the City or included in the Contract Documents. Any failure by the Contractor to acquaint himself with all the available information will not relieve him from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. For those locations where no plans have been drawn, and are Included in Section 1000, the Contractor must work with the City inspector and assess any additional work based on individual locations. Additional Items will be paid out of Special Provisions only after the City Project Manager has reviewed the proposed additional cost submitted by Contractor. The City Project Manager has the right to reject/approved all proposed items. 25. Contractor's Responsibility for Damages and Accidents: Contractor shall be responsible for all materials, equipment and supplies pertaining to the Work. The City assumes no responsibility or liability in the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed. 26. Accidents The Contractor shall provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to persons who may be injured during the Project duration. The Contractor shall also comply with the OSHA requirements as defined in the United States Labor Code 29 CFR 1926.50, In addition, the Contractor must report immediately to the Project Manager every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. 27. Safety Precautions 27.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all Bid No. 12-13-033 Page 58 necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 27.1.1.AJI employees on the Work Site(s) and other persons who may be affected thereby; 27.1,2 Other property at the Work Site(s) or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 27.2. Contractor shall designate a responsible member of its organization at the Work Site(s) whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to City. 27,3. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or lass; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in the Contract Documents, caused directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed the City has issued a notice to City and Contractor a notice of Final Acceptance. 27.4 Contractor must adhere to the applicable environmental protection guidelines for the duration of the Contract. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, PERA, the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work, 27.5. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards. 27.6 If an emergency condition should develop during the Work, the Contractor must immediately notify the Project Manager of each and every occurrence and document the incident, The Contractor should also recommend any appropriate course(s) of action to the Project Manager. 28. Warranty of Materials: Contractor warrants to City that all materials furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from defects and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Project Manager, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract Documents. 29, Manufacturer's Instructions 29.1. The Contractor shall: 29,1.1. Comply with manufacturer's requirements for the handling, delivery and use of all materials. Where required by the Contract Documents, Contractor shall submit manufacturer's printed instructions and MSDS documents to the City. 29.1.2. Comply with the manufacturer's applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and Bid No. 12-13-033 Page 59 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. 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. Bid No. 12-13,033 Page 60 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. 35. Continuing the Work: Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Value or Contract Term, The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 36, Changes in the Work or Terms of Contract Documents: 36,1. Without invalidating the Contract, City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the Work in a satisfactory manner. Any extra or additional work within the scope of this Contract must be accomplished by means of appropriate Field Orders or Change Orders, 36,2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by City as hereinafter provided. 37. Supplemental Instructions: The Project Manager shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Value or the Contract Term. 38. Field Directives The Project Manager may at times issue field directives to the Contractor based on visits to the Project Site. Such Field Directives shall be issued in writing and the Contractor shall be required to comply with the directive. Where the Contractor believes that the directive is outside the Scope of the Work, the Contractor shall, within 48 hours, notify the Project Manager that the Work is outside the Scope of the Work. At that time the Field Directive may be rescinded or the Contractor may be required to submit a request for a change to the Contract. Where the Contractor is notified of the City's position that the Work is within the scope and the Contractor disagrees, the Contractor shall notify the Project Manager and the Contract Administrator that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive, At no time shall the Contractor refuse to comply with the directive. Failure to comply with the directive may result in a determination that the Contractor is in default of the Contract, The contractor will take direction only from the Project Manager, Director of Public Works, Assistant Director of Public Works or the City Manager. The contractor will not take direction from elected officials or other City personnel. 39. Change Orders: 39.1. Changes in the quantity or character of the Work within the scope of the Work which are not properly the subject of Field Orders or Supplemental Instructions, including all Bid No. 12-13.033 Page 61 changes resulting in changes in the line item prices, Contract value, or the Contract Term, shall be .authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. 39.2. All changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 39.3, In the event satisfactory adjustment cannot be reached for any item requiring a.ohange 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 fine item price(s) which Contractor and City acknowledge contains a component for overhead and profit, 40.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge contains a component for overhead and profit. 40.1.3. The addition of new line item prices. 41. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract. Value or payment or compensation of any kind from City for direct, Indirect, consequential, impact or other costs, expenses -or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City. 42. Force Majeure 42.1 Should any failure to perform on the part of Contractor be due to a condition of force majeure as that term is interpreted under Florida law,. the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. 42,2 If the Contractor is delayed in performing any obligation under this Contract due to a force majeure condition, the Contractor shall request a revision of the schedule to the City within two (2) working days of said force majeure occurrence. Any revision of the schedule shall be subject to mutual agreementand shall not be cause for any claim by the Contractor for extra compensation unless additional work is required. Does Not EiId No. 12-13-033 Page 62 Include inclement weather except as permitted by Florida law or the acts or omissions of Sub -Contractors, etc. 43. No Interest Any monies not paid by City when claimed to be due to Contractor under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid and proper invoices. 44. Material Safety Data Sheets and Product Data 44.1 Contractor shall submit four copies of the Material Safety Data Sheets (MSDS) and other of product data for all materials to be used in the 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), oommencing no sooner than the date the order is delivered to the Contractor, and for any further period to which the parties may agree. Any such order shall be specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed the City shall either: 45.1.1. Cancel the Stop Work Order; or 45.1.2. Terminate the Work covered by such order as provided in Article 20.3. 45.2. If a Stop Work Order issued under this Article is canceled or the period of the order or any extension thereof expires, the Contractor shall resume the Work without compensation 46. Cleaning Up; City's Right to Clean Up: Contractor shall at all times keep the premises (work zone or right of way) free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Work, Contractor shall remove all its waste materials and rubbish from and about the Work Site(s) as well as its tools, equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at .the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as the City shall determine to be just. NOTE: Compliance with the City's National Pollution Discharge Elimination System, NPDES Permit is required. All storm sewer inlets .must be protected and free of loose material caused by this work. Contractor must provide its own water as part of dust control and must implement a best management practices at all times. Bid No. 12-13-033 Page 63 47, Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act: Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards, In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 48. Contingency Allowance The City has established a Contingency Allowance for this Project, which shall be reflected in the total contract sum, This allowance account is for use at the sole discretion of the City and shall only be distributed through the issuance of a change order approved by the City. Contractor has no entitlement to these funds as a result of the award of the Contract by the City. 49, Payment and Performance Bond A 100% payment and performance bond is required for this project. Refer to Section 033000, Article 4. 50. Davis Bacon Act This project is not subject to the Davis Bacon Act. 51. Pricinn and Payment Bidders shall include in their bid all taxes, insurances, social security, workman's compensation, and any other benefits normally paid by the bidder to its employees. No overtime will be authorized by the City which exceeds the rates quoted in this solicitation or not authorized by the City. Payments will be made monthly, in arrears, for services rendered the previous month, upon submission of property certified invoices and/or approved inspection reports, All such information shall be provided to the City Engineer for his/her approval in advance of payment. The contractor shall pay his/her employees performing work under this contract not less than the federal minimum wage in effect at the time of the contract, 52. Materials and Equipment The bidder shall furnish, at his/her own expense, all equipment, materials or supplies, including disposal fees, trash bags, oil, water, etc. necessary for completion of all the services specified in this bid.. The contractor is not allowed to use the City's rights of ways for storage of any material related to this contract. 53. Method of Award This contract may be awarded to the two (2) lowest most responsive and responsible bidders for all the Bid Items included in this contract, and whose bid conforms to the specifications and is most advantageous to the City. Award shall be based upon the pricing indicated on the Bid Form, pursuant to the Specifications. The City may select two (2) bidders, with the lowest deemed the "primary vendor" and the next lowest the "secondary vendor", in the order of overall lowest prices provided to the City. Should the primary vendor not be able to provide the necessary service at the time needed or the required work is beyond the ability or expertise of the primary vendor or the primary vendor fails to perform as per Section 7 of the Public Works Construction Standards, the City has the option to select the secondary vendor whom will be offered the work to complete in a timely manner, Bid No. 12-13-033 Page 64 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 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 fora 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 Bid No, 12-13-033 Page 65 (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) 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. 12-13-033 Page 66 01000 SUPPLEMENTAL CONDITIONS 01001 SCOPE OF WORK (Contractor must obtain and submit all permits (Excavation, Special Events/Police, MOT, NPDES, Trees, etc.) prior to performing any work). The work required for this Contract shall include, but Is not limited to the following: Milling and resurfacing, widening and resurfacing of intersecting streets, resurfacing of asphaltic pathways (pedestrian, bicycle, etc,) adjacent or not to the edge of pavement as necessary, temporary utility repairs (cold patches), clearing and excavating of shoulder areas or build-up, as directed by the Engineer, grading and clean-up of adjacent shoulders and removal of roots, as required, pavement marking including the installation of reflective pavement markers (blue/blue) at fire hydrant locations, sidewalk, sidewalk curbs and connectors, and pedestrian ramps. Resurfacing work may include any of the following: a) Application of asphaltic concrete surface course to existing wearing course. b) Application of asphaltic concrete leveling courses to existing wearing surfaces prior to an in preparation for item (a) above. c) Application of asphaltic concrete to previously primed rock roads. d) Resurfacing of private driveways shall be limited to feathering of the asphaltic concrete mat to a point two (2) feet from the edge of the roadway. Resurfacing of the remainder of the private driveways is expressly prohibited under this Contract, unless directed by the Engineer. e) The contractor shall adjust all storm water, water and sewer valves and manholes prior to resurfacing. All adjustments shall be made by the built-up method, not by the use of adjustment of rings. If any changes are required due to conflict of design and/or field conditions, the Engineer will make the final determination. NOTE: Compliance with the City's National Pollution Discharge Elimination System, NPDES Permit is required. All storm sewer inlets must be protected and free of loose material caused by this work. Contractor must provide its own water as part of dust control and must implement a best management practices at all times. For this Contract in which specific sites are not identified at the time of bidding, the City of Miami Public Works will issue a Task Work Order. This Contract may require several Task Work Orders of which the total sum shall not exceed the contract amount as specified in this Contract Document. The Task Work Order may be issued with the Notice to Proceed. The specific limits and identification of work elements shall be specified in the individual Task Work Order. The Task Work Order will identify the priority locations that will have minimum of ten (10) requests outstanding locations at which the Contractor shall respond and begin work. The Contractor will be expected to respond and begin work within five (6) working days is identified in the Task Work Order upon the receipt of the Task Work Order received in person, by fax, or by certified mail. All work locations will be described with direct addressor streets and avenue that will allow the Contractor to proceed immediately to the location with minimum delay. The City of Miami Public Works will make every reasonable effort to plan work location and develop Task Work Order documents in systematic and sconcentrated regions as to minimize the Contractor's travel requirements. 1.1- LOCATION The project is located citywide. 1.2- PAYMENT ITEM SPECIFICATIONS DETAILS Bid No, 12-13-033 Page 67 Any work not specifically mentioned in the payment Items listed in the Proposal, but Indicated on the Plans and/or Specifications, shall be considered as incidental to one or more of the payment Items, and no claim for additional compensation will be allowed. Item 64: Special Provisions — To provide a fund for contingent work described below, the Contractor shall include in his Proposal the Cash Allowance Sum of Fifty Thousand Dollars ($50,000,00). These funds shall be used to pay for the following when not provided for in the Specifications or in another Item of the Proposal. A. The necessary adjustments or relocation of Miami -Dade owned water mains only as directed by the Engineer, B. The adjustments, removal or reconstruction of any City -owned structures not specifically mentioned in the Specifications. C. Other unforeseen surface or underground adjustments or additional work not included in the Specifications. D. Uniformed Police* *Provision for Item "D" is further specified in this Division under UNIFORMED POLICE. The amount of such construction adjustments, services and/or work are estimates only and shall be done only as directed by the Engineer, who shall approve all charges which will be paid for from the respective portion of the Provisions for Special Items. Any portion of said Allowance not used will be withheld from Contract Payments. The Contractor is referred to Section 3-2 of the General Conditions, 01002. QUALITY ASSURANCE 2.1 All landscaping contractor, subcontractor, or any and their employees engage in any type of landscaping installation, care or maintenance must be directed and supervised by a certified landscape contractor. This will require a landscape professional or a competent superintendent (in the field at all times). 2.2 All Work shall be performed using superior maintenance standards and techniques, 01003. ENVIRONMENTAL PROTECTION Contractor shall comply with Chapter 17, Environmental Preservation of Miami City Code, and City Ordinances 12636 and 13081. Any violation of this Code the contractor will be sole responsible for the damages and no additional charges will be allowed, NOTE: Compliance with the City's National Pollution Discharge Elimination System, NPDES Permit is required. All storm sewer inlets must be protected and free of loose material caused by this work. Contractor must provide its own water as part of dust control and must implement a best management practices at all times. 01004. CODE COMPLIANCE All Work shall comply with the South Florida Building Code, City of Miami Code, and Miami -Dade County Code, Contractor shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act as well as any other requirements specified in the Contract Documents. Bid No. 12-13-033 Page 68 01005. PROPER EQUIPMENT AND OPERATION The contractor shall comply with the National Environmental Policy Act (NEPA) and Noise Control regulation, local and The City Code. 01006. EXCAVATION PERMIT The Department of Public Works will issue a "no -fee" excavation permit from the Roadway/ Plans Development Section of the Department of Public Works prior to the start of any construction. Contractor must obtain and submit all permits (Excavation, Special Events/Police, MOT, NPDES, Trees, etc.) prior to performing any work. Contractor must pay all permit fees to other City Departments and corresponding agencies. 01006A. LINE AND GRADE PERMIT The Department of Public Works will issue a "no -fee" line and grade permit for this project. 01006B. RIGHT OF WAY CLOSURE The Department of Public Works will issue a "no -fee" right of way closure permit for this project. The Contractor will be required to obtain the "no -fee" right of way closure from the Roadway/Plans Development Section of the Department of Public Works prior to the start of any construction. 01006C. SWPPP PERMIT The Department of Public Works will issue a NPDES permit with a $115 review fee for locations disturbing 0,5 acres or more of land. 01007. ROOT GUARD Shade trees planted within the public right-of—way and within close proximity of sidewalks or curbs will require root barriers, i.e., sections of metal pipe or root .deflectors under the product name of "Root Solutions", or approved equal. 01033. PLANTING — See attached Division 2A. 01009. SODDING See attached Division 2B. 01010 CONSTRUCTION SIGN The signs shall be constructed of 4'x8'x3/4" exterior plywood, suitably mounted, and readable at eye level. The colors to be used are white and blue. Specifically, the background shall be white; all lettering shall be blue Helvetica. All paints shall be rated outdoor enamel. The "City of Miami" seal will be supplied by the Department of Public Works in decal form. The cost of these signs shall be considered as incidental to one or more of the bid items and no additional compensation will be allowed. 01011 REVISIONS TO DIVISION 4 - CONSTRUCTION METHODS (Cont.) (D) Sidewalk and Curb and Gutter Construction.. To Section 408-1, add the following: Bid No. 12-13-033 Page 69 The construction of concrete sidewalk shall be separate and distinct from the construction of concrete curb or curb and gutter. "No monolithic pour of concrete for sidewalk and curb or curb and gutter combined shall be allowed." 01012 CONSTRUCTION SCHEDULE Prior to the start of any work, the Contractor and the City Engineer will identify the locations of construction in the field. The Task Work Order of services shall be completed within the indicated duration as specified in Contract Documents and Task Work Order. Furthermore, the sum of the all Task Work Order durations shall not exceed the Contract Duration. 01013 PROVIDING ACCESS TO RESIDENCES AND BUSINESS ESTABLISHMENTS During construction of the improvement, safe access shall be provided by the Contractor to the entrance of all residences and business establishments. Methods to be used shall be determined by the Contractor with the approval of the Engineer. Deliveries and loading to each business must be provided at all times, including convenient customer pick up and the ability to allow delivery access by trolley, hand truck or other wheeled delivery system. 01014 RESPONSIBILITY OF THE CONTRACTOR (Additional to Section 7.2 in the General Conditions) The Contractor shall schedule his work in such a manner and provide the proper supervision so as to cause the minimum of conflict or delay to the work of utility companies working within the area. The Contractor will be held responsible for any delay in time and/or damage to existing structures, foundations, utilities, or other existing features because of omission or neglect by himself or his employees. Any property damage by his operations shall be replaced to its original condition at no extra cost to the City. The City of Miami Public Works will be the mediator in all such cases wherein the Contractors or the utility companies are in dispute concerning lost time or property damages. The Contractor shall abide by these judgments and decisions In all cases. If the contractor's performance of this contract is delayed by acts of the City or other subcontractors, suppliers and contractors, material men, architects and/or engineers, the contractor may request an extension of time from the City in writing within twenty days of the event by which the delay occurred, but the contractor shall not be entitled to an increase in the Contract price or claims or damages because of the delay or because of any acceleration in its work. Until the City of Miami Public Works acceptance of the work, take charge and custody of the work, and take every necessary precaution against injury or damage to the work by the action of the elements or from any other cause whatsoever, arising either from the execution or from the nonexecution of the work. Rebuild, repair, restore, and make good, without additional expense to the City of Miami Public Works, all injury or damage to any portion of the work occasioned by an of the above cause before its completion and acceptance, except that in case of extensive or catastrophic damage, the City of Miami Public Works may, at its discretion, reimburse the Contractor for the repair of such damage due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to Acts of God, of the public enemy, or of governmental authorities. Bid No. 12-13-033 Page.70 Contractor must protect all existing storm sewer systems with proper best management practices per PW Bulletin 25. 01 015 EXISTING UNDERGROUND STRUCTURES The Contractor must contact the various utility companies to obtain the location of the existing underground utilities prior to beginning any excavation work, (See Special Provision 2.31) Caution shall be exercised by the Contractor in grading operations as some existing underground utilities have a minimum cover. The Contractor shall be responsible for replacing any underground facility broken or dislocated during construction for which sufficient underground information has been provided by the utility companies. Any sanitary sewer lines, laterals or storm sewer lines damaged during sidewalk construction shall be repaired at the Contractor's expense. 01016 CLEAN-U.P OF CONSTRUCTION AREA Upon completion of construction, the project site shall be cleaned to the satisfaction of the Engineer. All trash and other construction debris shall be removed from the job site at no additional expense to the City. Compliance with the City's National Pollution Discharge Elimination System, NPDES Permit is required. All storm sewer inlets must be protected and free of loose material caused by this work, Contractor must provide its own water as part of dust control and must implement a best management practices at all times. 01017 DEFACING OF NEW AND EXISTING CONCRETE AND PAVEMENT It shall be the Contractor's responsibility to preserve the condition of existing and newly constructed concrete sidewalk, curb and/or gutter and pavement. Any damaged pavement or concrete defaced with sticks, nails, footprints, etc., shall be replaced at the Contractor's expense. 01018 STORAGE AREA There is no City property in this area available for use as a storage yard for this improvement. The Contractor shall provide his own storage site. 01019 ADJUSTMENTS BEHIND PROPERTY LINES Adjustments to approach walks and driveways on private property shall be made at a slope no greater than 1:12. Adjustments to existing ground on private property shall be sodded and made at a slope no greater than 1:3. All adjustments of driveways and walks shall be of a matching type. All costs for adjustments on private property shall be included in items 1 and 2 and no additional compensation will be allowed. 01020 UNDERGROUND UTILITIES NOTIFICATION CENTER The Contractor is alerted that underground utilities exist in the vicinity of the proposed work and that he should notify the Sunshine State One Call of Florida for utility location before Excavation at their toll free number 1-800-432-4770 at least 48 hours prior to digging, for utilities verification in the field. In addition to this, the Contractor shall also notify the Florida Power & Light Company for verification of their utilities. Bid No..12-13-033 Page 71 01021 SAFETY The contractor is alerted that the State of Florida has adopted the "Trench Safety Act" for the purpose of incorporating current OSHA trench safety standards into municipal construction projects. The basic safety requirements are as follows: 1. Excavating and Trenching a. Before opening any excavation, efforts shall be made (including utility company contact) to determine if there are underground utility installations in the area, and they shall be located and supported during the excavation operations, b. The walls and faces of trenches 5 feet or more deep and all excavations in which employees are exposed to danger from moving ground or cave-in shall be guarded by a shoring system, sloping of the ground, or some other equivalent means. c. In excavations which employees may be required to enter, excavated or other material shall be effectively stored and retained at least 2 feet or more from the edge of the excavation. d. Daily inspections of excavations shall be made by a competent person. If evidence of possible cave-ins or slides is apparent, all work in the excavation shall cease until the necessary precautions have been taken to safeguard the employees. e. Trenches 4 feet deep or more shall have an adequate means of exit such as ladders or steps, located so as to require no more than 25 feet of lateral travel. 2. Head Protection a. Head protection equipment (helmets) shall be worn in areas where there is a possible danger of head injuries from impact, flying objects or electrical shock and burns. b. Helmets for protection against impact and penetration of falling and flying objects shall meet the requirements of ANSI Z89.1 1969. c. Helmets for protection against electrical shock and bums shall meet the requirements of ANSI Z89.2-1971. A separate bid Item for the cost of compliance with the Trench Safety Act has not been included in the proposal for this project. However, the cost of compliance shall be included in other portions of the work and no additional compensation will be allowed. 01022 SIDEWALK REPLACEMENT PROCEDURES, IF APPLICABLE The Contractor shall furnish all labor, materials, equipment, tools and related work required to complete the sidewalk replacement work described below, Including concrete removal. All work must be completed in accordance with the contract documents and specifications for Public Work Projects Section 408: 1. Sidewalk replacement consist of sawcut to the nearest marking, 5 ft intervals, removal of the concrete sidewalk, compacting the sub base and base, forming, placing the concrete, finishing, marking and applying curing compound all as indicated in Section 408. Bid No. 12-13-033 Page 72 2. Remove all roots to a depth of 12 inches below the bottom of the sidewalk and prune trees endangered by extensive root pruning. (Limb pruning shall be accomplished prior to root pruning). All pruning shall be accomplished by an experienced landscape contractor. 2. Replace and reset water meter boxes uplifted or broken within sidewalks that are to be replaced. Boxes will be supplied by Miami -Dade Water & Sewer Authority. 3. Restore private property, including sod, blocks, bricks, tile, concrete, etc., to transition to the new sidewalk elevation or to repair damage which occurred during the sidewalk replacement work. 4 Restore all parkways and all sprinkler systems or water connections broken or disturbed during the sidewalk replacement work, 5. Replace driveway approaches, in kind, within public right of way, that have been uplifted by tree roots. 6. Saw cut flags of sidewalk before removal to prevent damage to adjacent flags. 7. Flags of sidewalk that are not included in this contract for replacement that are damaged by the contractor's operation and/or negligence are to be replaced at the contractor's expense. 8. Fill all form holes with sand when forms are removed from new sidewalk. 9. Any utilities that are damaged by the contractor's operation and that were properly located and marked by the respective utility companies, shall be repaired or replaced at the contractor's expense. 10. The Contractor shall schedule removal of driveway and sidewalk to minimize disruption of property owner's access to his property. 11. The amount of open area (where sidewalk has been removed but not repaired) shall be limited to an area less than or equal to the amount of sidewalk the Contractor can pour in three working days. 12. Concrete for driveway sidewalk shall be poured within one day of the existing sidewalk removal. The Contractor may saw cut and crack existing driveway sidewalk but leave it in place until removal, if the driveway is still satisfactory for vehicular use. All costs for sidewalk replacement work shall be included in and paid for under the bid item for4-inch or 6-inch sidewalk as listed in the Proposal and no additional compensation will be allowed. For Task Orders and Hurricane recovery work related to sidewalk, curb, and C&G, the pay Items identified in the bid proposal shall be use and the scope of work for each item shall be the same. No additional compensation will be allowed for providing emergency services to the City during Hurricane Recovery work. 01023 EXPLANATION OF CURB AND GUTTER REPLACEMENT ITEM, IF APPLICABLE The bid item listed in the Proposal for new concrete curb or curb and gutter shall include all labor, materials and equipment necessary for the removal of the existing curb or curb and gutter, saw cutting the existing sidewalk and/or pavement to facilitate removal of the concrete and asphalt, installation of the new concrete curb or curb and gutter, and reconstruction of a two (2)-foot wide Bid No. 12-13-033 Page 73 strip of pavement adjacent to the new curb or curb and gutter, No additional compensation for extra saw cutting will be allowed. No additional compensation will be allowed for repairing damage to the existing pavement beyond the aforesaid two (2)-foot strip. The work included for Hurricane related curb, sidewalk and curb and gutter damage shall include the sawcutting of one (1) foot away from each side of the damaged section, or to the nearest non - damaged expansion joint, removal and disposal of rubble and materials, tree root trimming, clearing of the base, compacting the base and installing new concrete curb, sidewalk, brick sidewalk, curb and gutter to equal or better condition as before the hurricane damage. No additional compensation will be allowed for hurricane repair damage to the existing sidewalk, curb and curb and gutter. Hurricane related work shall be priced as per bid prices in the bid proposal 01024 EXPLANATION OF HANDICAP RAMP ITEM, IF APPLICABLE The bid item listed in the Proposal for new concrete handicap ramp shall include all labor, materials and equipment necessary for the removal of the existing concrete/asphalt handicap ramp, saw cutting the existing sidewalk and/or pavement to facilitate removal of the concrete/asphalt ramp, and installation of the new concrete handicap ramp as per Misc. 35-85- 22C, including reconstruction of a two (2)-foot wide strip of pavement adjacent to the new work, No additional compensation for extra saw cutting will be allowed, and installation of an approved detectable warning system (yellow tiles). No additional compensation will be allowed for repairing damage to the existing pavement beyond the aforesaid two (2)-foot strip. 01025 ASPHALT PRIME COAT COVER SAND Cover sand for lime rock base prime coat shall be hot asphalt coated prior to application. 01026 ASPHALTIC CONCRETE DESIGN MIX The Asphaltic concrete surface course shall be 1-inch thick, Type "S-III", as submitted by the local asphalt suppliers and approved by the Engineer. Asphaltic concrete mix for surface courses shall meet the requirements of Florida Department of Transportation Specifications for Type "S-III", Asphaltic Concrete, Section 331-1 through Section 331-5, All new design mixes shall be submitted to the Department of Public Works for approval of the Engineer. 01027 DUST PREVENTION The Contractor is alerted to Division 4 - Construction Methods, Section 400-11 pertaining to Dust Prevention. The City intents to enforce this section to a greater degree than on past projects and if necessary will limit the number of manhole sections constructed prior to resurfacing, The Engineer shall have the authority to require the Contractor to remove the dust from the street by mechanical means after the temporary patch has been placed, increase the frequency of water spraying and reroute equipment bringing in backfill and/or removing excess material or supplies necessary for construction, 01028 DISCHARGE OF EXCAVATION WASTE WATER, EROSION AND SEDIMENT CONTROL FOR CONSTRUCTION SITES The Bidder is .alerted that strict compliance with Department of Public Works Bulletin No. 25 is required for this project. This bulletin establishes rules, regulations and requirements for discharge originated from construction sites or resulting from construction activities. A copy of Bid No, 12-13-033 Page 74 Bulletin No. 25, City Ordinance 13081 and any corresponding Engineering Standards are available for your reference. 01029 VIDEO TAPE AND OR COLOR PICTURES — EXISTING CONDITIONS Before any work can begin, the Contractor shall either Video record or take pictures of the existing conditions of the areas that are adjacent to and affected by the construction activities. If the Contractor selects video to record the existing site condition, then the following items shall be provided: Clearly audible and spoken in English Must state each address, location, street or avenue that is affected by the construction activities, Picture quality must be in excellent condition to clearly see visible objects. If the Contractor selects digital pictures or paper pictures, then the following items shall be provided: 1. The picture must have date embedded into the picture when the picture was taken. 2. The picture must have eligible print in English of each address, location, street or avenue and the direction (i.e. North or South) of picture taken. 3. The pictures must be maintained in binder/folder. 4. The picture quality must be in excellent condition to clearly see visible objects. The cost of these pictures or video of the existing condition conditions of the affected area and adjacent property shall be considered as incidental to one or more of the bid items and no additional compensation will be allowed. Contractor shall provide photo/video along with each payment requisition. 01030 METHOD OF MEASUREMENT The Contractor will measure all work completed under the Contract in accordance with the United States Measurements. The Contractor shall provide to the City of Miami Public Works with each Payment Request with back up document of quantity calculation on daily basis with the following stipulation: 1. Must show project number and project name. 2. Must show each bid item number, bid item description, location or address and bid item unit. 3, Must show the daily of in — place quantity calculation of each bid Item. 4. Must show the daily and monthly summation of each bid item quantity. 5, Hurricane related work must be submitted on a separate Invoice. 01031 PAYMENT REQUEST General: Except as otherwise indicated, the official monthly progress payment invoice must be submitted by 25th day of each month. Prior to submitting official copies of monthly progress payment invoice, the Contractor, the City Inspector, and the City Resident Engineer must come to agreed quantities, prices, and total amount invoiced for the monthly progress payment. Bid No, 12-13-033 Page 75 The official monthly progress payment invoice must have the proper back up documentation and quantity calculation as per stated in Section 2.46 METHOD OF MEASUREMENT. Each application must be consistent with previous applications and payments, Once the Official Monthly progress invoices are submitted, allow the City of Miami Public Works ten (10) calendar days for review, verify, and process the payment invoice. However, if the official monthly process invoices need correction due to errors, the calendar days may be longer than ten (10) days. The Official Monthly pay request on all City of Miami Public Works Contracts shall submit in TRIPLICATE, signed by the member of the Firm. Lump Sum items require breakdown of work acceptable to the City of Miami Public Works. Payment Application Forms: AIA Documents G702 and G703 Continuation Sheets or Equivalent in Form and content will be acceptable, 01032 GOVERNING ORDER OF DOCUMENTS In case of discrepancy, the governing order of the documents will as follows: • Hurricane Recovery Work Order Authorization • Priority locations - Master Work Order Authorization • Task Work Order Authorization • Addenda • Special Provision • Standard Contract Documents and Specifications for Public Works Project • Plans — N/A. Additionally, computed dimensions govern over scaled dimensions. 01033 BRICK SIDEWALK SUBGRADE, IF APPLICABLE Prior to the start of construction, the Contractor and City Engineer will identify locations for brick replacement. Subgrade for decorative brick sidewalk shall be prepared and finished by the Contractor. All specifications for sidewalk subgrade as outlined in Division 4 shall apply unless otherwise noted in this section. Remove all roots to a depth of 12 inches below the bottom of the sidewalk and prune trees. Trees are not to be endangered by the extensive root pruning. (Limb pruning shall be accomplished prior to root pruning), All pruning shall be accomplished by an experienced landscape contractor, This work is to be included in Item 1 of the Proposal and no additional •compensation will be allowed. Brick sidewalk subgrade at driveways shall consist of minimum 6-inch concrete base to be constructed between high curbs. The finished brick sidewalk subgrade elevation shall be such that the finished sidewalk shall meet flush with top of curb, existing sidewalk, etc., or approximately 3- inches below finished sidewalk grade. No humps or depressions will be allowed due to poor leve[ing and/or compaction. Sidewalk cross slopes shall be %-inch per foot when possible. Cross slopes will vary when restricted by the existing grades. 01034 BRICK SIDEWALK INSTALLATION, IF APPLICABLE Prior to the start of construction, the Contractor Prior to the start of construction, the Contractor and City Engineer will identify locations for brick replacement, Bid No. 12-13-033 Page 76 Existing bricks shall be carefully removed and reinstalled at areas designated by the Engineer. New brick pavers of equal type, color, and size dimension shall be installed at the locations where existing removed pavers can not be salvaged. The preparation of the subgrade for the reinstallation of the existing bricks shall be accomplished by the Contractor as noted in Division 2A. The Contractor shall remove all remaining mortar from the concrete base at all driveways before applying new mortar and reinstalling existing and/or new bricks. Water meter boxes shall be protected during sidewalk removal and reused. Boxes shall be replaced only at the direction of the Engineer. Restore private property, including sod, blocks, bricks, tile, concrete, etc., to transition with the new sidewalk elevation or to repair damage which occurred during the sidewalk replacement work. The Contractor shall place a leveling mantle of sand (limerock) screenings on the subgrade and screed to a depth so that after bricks are laid and vibrated or rolled a 1-1/2 inch thick sand bed will remain. The brick pavers shall be laid in a running bond pattern perpendicular to the property line and back of curb. Brick pavers shall be carefully placed by hand in straight courses with hand tight joints, not exceeding 1/16-inch in width and good alignment must be maintained. Bricks shall be laid to line every five (5) courses, Any necessary cutting to fit bricks' or maintain the running bond pattern shall be accomplished by using a wet mason saw diamond blade to achieve tight and clean edges. After brick pavers are installed, sweep fine, dry silica sand joint filler into all joints to top of pavers and vibrate or roll top surface of paver to obtain perfectly leveltop surface alignment, Brick paver sidewalk shall be constructed to %-inch per foot cross slope when possible, Any broken or uneven brick will not be accepted and shall have to be replaced prior to or after installation, Brick paver sidewalk reinstallation shall be paid for at the unit price bid per square foot in the Proposal. The price per square foot shall be fullcompensation for all labor, materials, tools, equipment, subgrade, and sand bed and all other work necessary for a complete and acceptable job. New bricks, if necessary, shall be paid for at the unit price bid per square foot in the Proposal only if the existing bricks cannot be salvaged. 01035 PAVEMENT MARKINGS All pavement marking and signage material and method of installation shall conform to the Manual of Uniform Traffic Control Devices, Bid No, 12-13-033 Page 77