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THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. INVITATION TO BID ("ITB") NO.: 12-13-051 BEACOM PROJECT AREA IMPROVEMENTS - PHASE I1 - D3 CAPITAL IMPROVEMENT PROGRAMS ("CIP") PROJECT NO.: B-40325 Bids Due Date: Monday, July 14, 2014 Due Time: 2:00 P.M. Mayor Tomas P. Regalado Commissioner Wifredo "Willy" Gort, District 1 Commissioner Marc Sarnoff, District 2 Commissioner Frank Carollo, District 3 Commissioner Francis Suarez, District 4 Commissioner Keon Hardemon, District 5 City Manager, Daniel J. Alfonso Issued By: City of Miami Capital Improvements Program 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 14-00898-Exhibit-SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. TABLE OF CONTENTS Notice To Contractors 6 Section 1 - Instructions for Submission 7 1. Intention of City 7 2. Scope of Work 7 3. Location of Project(s) 7 4. Performance of the Work 7 5. Examination of Contract Documents and Site 7 6. Addendum 8 7. Bid Submission 8 8. Bid Guaranty 8 9. Preparation of Bid 9 10. Pre -Bid Conference 9 11. Postponement of Bid Opening Date 9 12. Acceptance or Rejection of Bids 9 13. Environmental Regulations 10 14. Bid Award 10 15. Bid Protest 10 16. Community Small Business Enterprise ("CSBE") 11 17. Local Workforce Participation 12 18. Intentionally Omitted 12 19. Cone of Silence 12 20. Public Entity Crime 12 21. Fraud and Misrepresentation 12 22. Collusion 13 23. Contractor in Arrears or Default 13 24. Cancellation of Solicitation 13 Section 2 - General Terms and Conditions 14 1. Definitions 14 2. Time is of the Essence 16 3. Contract Term 17 4. Notices 17 5. Priority of Provisions 18 6. Indemnification 18 7. Insurance 19 8. Performance and Payment Bond 21 9. Qualification of Surety 22 10. General Requirements 22 11. Method of Performing the Work 23 12. Work Staging and Phasing 24 13. Site Investigation and Representation 24 14. Contractor to Check Plans, Specifications and Data 25 15. Contractor's Responsibility for Damages and Accidents 25 16. Accidents 25 17. Safety Precautions 25 18. Occupational Health and Safety 26 19. Labor and Materials 27 20. Rules, Regulations, and Licenses 27 21. Consultant Services 27 2 Beacom Project Area Improvements - Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. 22. Project Management 28 23. Superintendence and Supervision 28 24. Authority of the Project Manager 29 25. Inspection of Work 30 26. Taxes 30 27. Separate Contracts 30 28. Lands of Work 31 29. Coordination of Work 31 30. Differing Site Conditions 31 31. Existing Utilities 32 32. Contractor's Responsibility for Utility Properties and Service 32 33. Interfering Structures 33 34. Field Relocation 33 35. Contractor's Use of Project Site(s) 33 36 Warranty of Materials and Equipment 34 37. Material and Equipment Shipment, Handling, Storage and Protection 34 38. Manufacturer's Instructions 35 39. Manufacturer's Warranty 36 40. Reference Standards 36 41. Submittals 36 42. Shop Drawings 38 43. Product Data 39 44. Samples 39 45. Record Set 39 46. Supplemental Drawings and Instructions 40 47. Contractor Furnished Drawings 40 48. Substitutions 40 49. City Furnished Drawings 41 50. Interpretation of Drawings and Documents 42 51. Product and Material Testing 42 52. Field Directives 42 53. Changes in the Work or Contract Documents 42 54. Continuing the Work 43 55. Change Orders 43 56. Change Order Procedure 44 57. No Oral Changes 44 58. Value of Change Order Work 44 59. Extra Work Directive 47 60. As -Built Drawings 48 61. Worker's Identification 49 62. Removal of Unsatisfactory Personnel 49 63. Substantial Completion, Punch List, & Final Completion 49 64. Acceptance and Final Payment 50 65. NDPES Requirements 51 66. Force Majeure 51 67. Extension of Time 51 68. Notification of Claim 52 69. Extension of Time not Cumulative 53 70. No Damages for Delay 53 71. Excusable Delay, Non-Compensable 53 72. Lines and Grades 53 3 Beacom Project Area Improvements - Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. 73. Defective Work 54 74. Acceptance of Defective or Non -Conforming Work 54 75. Uncovering Finished Work 54 76. Correction of Work 55 77. Maintenance of Traffic and Public Streets 55 78. Location and Damage to Existing Facilities, Equipment or Utilities 57 79. Stop Work Order 57 80. Hurricane Preparedness 58 81. Use of Completed Portions 58 82. Cleaning Up; City's Right to Clean Up 59 83. Removal of Equipment 59 84. Set -offs, Withholdings, and Deductions 59 85. Event of Default 59 86. Notice of Default -Opportunity to Cure 60 87. Termination for Default 60 88. Remedies in the Event of Termination for Default 61 89. Termination for Convenience 61 90. Resolution of Disputes 62 91. Mediation -Waiver of Jury Trial 63 92. City May Avail Itself of All Remedies 63 93. Permits, Licenses and Impact Fees 64 94. Compliance with Applicable Laws 64 95. Independent Contractor 64 96. Third Party Beneficiaries 65 97. Successors and Assigns 65 98. Materiality and Waiver of Breach 65 99. Severability 65 100. Applicable Law and Venue of Litigation 66 101. Amendments 66 102. Entire Agreement 66 103. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act 66 104. Evaluation 66 105. Commodities manufactured, grown, or produced in the City of Miami, Miami -Dade County and the State of Florida 67 106. Royalties and Patents 67 107. Continuation of the Work 67 108. Public Records 67 109. No Interest 68 110. Payments Related to Guaranteed Obligations 68 111. Consent of City Required for Subletting or Assignment 68 112. Agreement Limiting Time in Which to Bring Action Against the City 68 113. Defense of Claims 68 114. Contingency Clause 69 115. Mutual Obligations 69 116. Contract Extension 69 117. Non -Exclusivity 69 118. Nature of the Agreement 69 119. Contract Documents Contains all Terms 69 120. Survival 69 121. Disclosure of State Funding 69 4 Beacom Project Area Improvements - Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Section 3 - Supplemental Terms and Conditions 71 1. Contract Time & Hours 71 2. Progress Payments 71 3. Liquidated Damages 72 4. Schedule of Values 72 5. Project Schedules 73 6. Release of Liens/Subcontractor's Statement of Satisfaction 73 7. Progress Meetings 74 8. Request for Information 74 9. Project Site Facilities 74 10. Inspection of Work 75 11. Security 75 12. Construction Signage 75 13. Construction Photographs 75 14. City Furnished Property 76 15. Geotechnical Testing - Intentionally Omitted 76 16. Field Layout of the Work and Record Drawings for Drainage Projects 76 17. Survey Work for Drainage Projects 77 Section 4 - Bid Form 79 Section 5 - Attachments 90 Bid Bond Forms 90 Questionnaire 93 Customer Reference Listing 98 Reference Letter 99 OFFICE LOCATION AFFIDAVIT 100 Certificate of Compliance 103 Schedule of Intent Affidavit 104 Section 6 - Contract Execution Forms 105 CORPORATE RESOLUTION 106 FORM OF PERFORMANCE BOND 107 FORM OF PAYMENT BOND 109 CERTIFICATE AS TO CORPORATE PRINCIPAL 111 PERFORMANCE AND PAYMENT GUARANTY FORM 112 UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT 113 JOINT VENTURE FORM 114 5 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. INVITATION TO BID NO.: 12-13-051 NOTICE TO CONTRACTORS Sealed bids will be received by the City of Miami, Office of the City Clerk, City Hall, 1st Floor, 3500 Pan American Drive, Miami, Florida 33133-5504 for: BEACOM PROJECT AREA IMPROVEMENTS - PHASE II - D3 Bids Due: Monday, July 14, 2014 @ 2:00 P.M. Scope of Work: The Work consists of furnishing all materials, labor, and equipment necessary for road improvements such as milling and resurfacing, limited drainage improvements, curb, gutter and sidewalk repairs, striping, signs and ADA ramp upgrades. There will be NO PRE -BID CONFERENCE for this Project Minimum Requirements: Prospective Bidders must have i) a current certified General Contractor license issued by the State of Florida or a Miami -Dade County Certificate of Competency as a General Engineering Contractor; and, in addition, must have a minimum of five (5) years experience under its current business name in the construction of roadway/horizontal projects involving public right-of-way, construction/installation/repair/replacement of drainage system pipes and maintenance of vehicular traffic, supported by references for five (5) projects completed within the past five (5) years. Submitted reference projects must demonstrate that the Bidder: i) was the Prime Contractor for the reference project; and ii) self -performed at least thirty percent (30%) of the physical construction work for the reference project. Contractor must self -perform at least thirty percent (30%) of the physical construction work for the Project. The Bid documents including plans can only be obtained by visiting the Department of Capital Improvements Program's website: http://www.miamigov.com/CapitalImprovements/paqes/ProcurementOpportunities/Default. asp. It is the sole responsibility of all firms to ensure their receipt of any addendum(s)/ addenda and it is strongly recommended that interested firms periodically check the CIP webpage for updates and the issuance of addenda. All bids shall be submitted in accordance with the Instructions to Bidders. Bids must be submitted in duplicate originals and on CD in PDF format at the time, date and place above, where bids will be publicly opened. Any bids received after the time and date specified will not be considered. The responsibility for submitting a bid before the stated time and date is solely and strictly the responsibility of the Bidder. The City is not responsible for any delay no matter what the cause. You assume any risk of any delay or mistake. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271 Section 18-74, CITY OF MIAMI CITY CODE, as amended. 6 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Section 1 — Instructions for Submission 1. Intention of City It is the intention of City to describe in this Invitation to Bid the Project(s) to be completed in accordance with all codes and regulations governing all the Work to be performed under this Project(s). Any work, materials or equipment that may reasonably be inferred from the Contract as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. Where words have a well-known technical or trade meanings are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 2. Scope of Work The Work consists of furnishing all materials, labor, supplies, and equipment necessary for road improvements such as milling and resurfacing, limited drainage improvements, curb, gutter and sidewalk repairs, striping, signs and ADA ramp upgrades. 3. Location of Project(s) THE FIVE (5) BEACOM PROJECT AREA IMPROVEMENTS — PHASE II — D3 PROJECT LOCATIONS ARE AS FOLLOWS: 1. SW 2ND STREET - (Base Bid); 2. SW 1ST STREET - (Alternate A); 3. SW 2ND TERRACE - (Alternate B); 4. SW 3RD STREET - (Alternate C); 5. SW 4TH STREET - (Alternate D); 4. Performance of the Work Bidder must be prepared to self -perform at least thirty percent (30%) of the physical construction Work. By submitting a Bid the Bidder certifies that it will utilize its own employees to meet this requirement. As part of the Bid the Bidder must include the form entitled "Questionnaire". Failure to complete and submit this form or to meet this requirement shall result in the Bid being deemed non -responsive. Where the City determines that Contractor is deemed as not meeting this requirement during the performance of the Work, then the Contractor shall be in default of the Contract. 5. Examination of Contract Documents and Site 7 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. It is the responsibility of each Bidder before submitting a response to this Invitation to Bid (ITB) to: • Carefully review the ITB, including any Addendum(s)/ Addenda and notify the City of all conflicts, errors or discrepancies. • Visit the site(s) or structure(s) to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami -Dade County including, without limitation the City Purchasing Ordinance and Florida Building Code) laws, regulations, ordinances that may affect a Bidder's ability to perform the Work. • Study and carefully correlate Contractor's observations with the requirements of the ITB. • Sign and return all required ITB forms and/or Addendum(s), as applicable. The submission of a Bid in response to this solicitation shall constitute an incontrovertible representation by Bidder that it will comply with the requirements of the Contract Documents and that without exception, the response is premised upon performing and furnishing Work required under the Contract Documents and that the Contract Documents are sufficient in detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Addendum Only questions answered by written Addendum will be binding. Oral and other interpretations or clarifications will be without legal binding effect and should not be relied upon in preparations of a Bid response. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Department of Capital Improvements Program (CIP) in writing, to the attention of Anthony Rolle at arolle@miamigov.com. Interpretations or clarifications considered necessary by CIP in response to such questions will be issued by City by means of Addendum. All Addenda will be posted on the CIP webpage. Written questions must be received no less than ten (10) calendar days prior to the date Bids are due. There shall be no response to questions received less than ten (10) calendar days prior to bid opening. 7. Bid Submission All Bids must be received by the City of Miami, City Clerk's office located at City Hall, First Floor, 3500 Pan American Drive, Miami, FL. 33133, before the time and date specified for bid opening, enclosed in a sealed envelope, legibly marked on the outside: BID NO.: 12-13-051 PROJECT NAME: BEACOM PROJECT AREA IMPROVEMENTS — PHASE II - D3 Bidders must submit two original Bid Packages and one Bid Package on a CD in PDF format. Failure to submit two originals may result in the rejection of the Bid as non -responsive. 8. Bid Guaranty All Bids shall be accompanied by either an original Bid bond executed by a Surety meeting the requirements of the City, or by cash, money order, certified check, cashier's check, Unconditional/Irrevocable Letter of Credit, Bid Bond Voucher (for projects less than $200,000) issued to City of Miami by certified check, treasurer's check or bank draft of any national or state bank (United States), in the amount of five per cent (5%) of the total Bid amount, payable to the City of Miami , Florida, and conditioned upon the successful Bidder executing the Contract and providing the required Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. 8 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. The time for execution of the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by the City's Capital Improvements and Transportation Department at its sole discretion. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, and provide the required Performance 9. Preparation of Bid This ITB contains Bid Forms for the five (5) underlying component projects and the Bidder must provide unit prices for all Work to be performed for each of the five (5) underlying component projects in order to be deemed responsive to this ITB. All Bids must be made upon the blank City forms provided herein and herewith. The Bid must be signed and acknowledged by the Bidder in accordance with the directions on the ITB. Failure to utilize the city's forms, or fully complete said forms will result in a determination that the response is non -responsive The Bidder will be considered non -responsive if Bid is conditioned on modifications, changes, or revisions to the terms and conditions of the ITB. The Bid is to include the furnishing of all labor, materials, overhead expense and profit, equipment including, but not limited to, tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. Joint venture firms must complete and submit with their Bid the form titled "Information for Determining Joint Venture Eligibility", (Form A) and submit a copy of the formal agreement between all joint -venture parties. This joint venture agreement must indicate their respective roles, responsibilities and levels of participation for the Project. Failure to submit Form A, along with an attached written copy of the joint venture agreement may result in disqualification of the Bid. All joint venture firms must meet the requirements stipulated in the Florida Statutes. 10. No Pre -Bid Conference There will be NO PRE -BID CONFERENCE for this Project 11. Postponement of Bid Opening Date The City reserves the right to postpone the date for receipt and opening of submissions and will make a reasonable effort to give at least five (5) calendar days notice of any such postponement to prospective Bidders. The City shall make reasonable efforts to issue addenda within five (5) calendar days prior to the due date. 12. Acceptance or Rejection of Bids The City reserves the right to reject any or all Bids prior to award, to re -advertise for Bids, and to not award any Contract in the reasonable discretion of the City. The City reserves the right to waive any minor technicality, informality, variance, deviation, omission or the like up to or prior to award of the bid. 9 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Reasonable efforts will be made to either award the Contract or reject all Bids within ninety (90) calendar days after Bid opening date. A Bidder may not withdraw its Bid unilaterally nor change the Contract Price before the expiration of one hundred twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its Bid after the expiration of one hundred twenty (120) calendar days from the date of Bid opening by delivering written notice of withdrawal to the Department of Capital Improvements and Transportation prior to award of the Contract by the City Commission. 13. Environmental Regulations The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The non -submission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidders shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Submittal opening date and during performance of the Work under this Contract. 14. Bid Award The City shall award the Contract for this ITB to the lowest responsive and responsible bidder based on the combined total ot the bid amounts submitted tor all tive (b) ot the underlying component projects (i.e. Base Bid plus Alternates A through D). However, the City, in its sole and absolute discretion, may elect to eliminate/reduce from the Project's scope one or more of the five underlying component projects prior to final execution of the Contract. The City may require demonstration of competency and at its sole discretion conduct site visits, require the Bidder to furnish documentation and/or require the contractor to attend a meeting to determine the Bidder's qualifications and ability to meet the terms and conditions of this Contract. The City shall consider, but not be limited to, such factors as financial capability, labor force, equipment, experience, knowledge of the trade work to be performed, the quantity of Work being performed, and past performance on City projects by the Contractor. The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that it can satisfactorily provide the goods and/or services required herein. The City, at its sole discretion may determine a Bidder to be non -responsible where the Bidder has failed to perform in accordance with other contracts with the City. Any Bidder who, at the time of submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder under federal bankruptcy law or any state insolvency, may be declared non -responsive. Any Bidder who may have filed a lawsuit against the City or where the City has filed a lawsuit or won a court judgment against the Bidder may be declared non -responsive. 15. Bid Protest Any actual or prospective contractual party who feels aggrieved in connection with this solicitation or intends to contest a bid specification or a bid solicitation or any responsive and responsible bidder, whose bid is lower than that of the recommended bidder, may protest the issuance of the ITB or an award of a contract. Eligible protests must be submitted in writing to 10 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. the Director of Purchasing/Chief Procurement Officer who shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest with final approval by the City Commission. Bidders are alerted to Section 18-104 of the City's Code describing the protest procedures. Protests failing to meet the requirements for filing shall NOT be accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS. 16. Community Small Business Enterprise ("CSBE") Participation The Contractor must comply with the following CSBE participation requirements. All instructions, required forms and other information necessary for complying with the CSBE participation requirements are available on the CIP webpage. a) The Contractor must assign a minimum of fifteen percent (15%) of the Contract value to a respondent or to a construction related enterprise currently certified by Miami - Dade County as a Community Small Business Enterprise (CSBE) as set forth in Sec. 10-33.01 and Sec. 10-33.02 of the Miami -Dade County Code; b) Five percent (5%) of the bid amount shall be retained by the City for the CSBE requirements until said requirements are fulfilled and verified within six (6) months of Contract completion pursuant to Section 18-89 of the City Code. Failure to comply with the CSBE requirements within six (6) months of Contract completion shall result in the forfeiture of the retained amount to the City. This five percent (5%) retainage is included within the ten percent (10%) retainage normally withheld by the City; c) The Contractor shall retain the services of an independent third party to verify and certify compliance with these requirements on a quarterly basis in accordance with Section 18-89 of the City Code. Said third party shall be unaffiliated with the respondent and be properly licensed under the provisions of Section 454, 471, 473, or 481 of the Florida Statutes. The person performing the verification shall have a minimum of two (2) years of prior professional experience in contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this verification shall be included in the related contract costs. The following link is to the Miami -Dade County website where Bidders can view the current listing of certified CSBE contractors by trade. http://www.miamidade.gov/business/reports-certification-lists.asp 17. Local Workforce Participation Unless disallowed by Florida Statutes, Federal Laws or grant requirements, the Contractor must comply with the following Local Workforce Participation requirements. All instructions, required forms and other information necessary for complying with the Local Workforce Participation requirements are available on the CIP webpage. a) The Contractor must employ a minimum of fifteen percent (15%) of on -site labor from persons residing within the municipal boundaries (e.g. city limits of the City of Miami). The City residency of the onsite labor component will be subject to verification by the issuing department; 11 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. b) Five percent (5%) of the bid amount shall be retained by the City as security for the verification of compliance with such requirements until said requirements are fulfilled and verified within six (6) months of Contract completion pursuant to Section 18-89 of the City Code. Failure to comply with the Local Workforce Participation requirements within six (6) months of Contract completion shall result in the forfeiture of the retained amount to the City; c) The Contractor will be required to hold one (1) job fair within the local community for projects with a bid amount between $1,000,000 and $2,000,000; d) The Contractor will be required to hold two (2) job fairs within the local community for projects with a bid amount greater than $2,000,000; e) The Contractor shall coordinate job fairs and hiring initiatives with the South Florida Workforce; f) The Contractor shall retain the services of an independent third party to verify and certify compliance with these requirements on a quarterly basis in accordance with City Code Section 18-89. Said third party shall be unaffiliated with the Respondent and be properly licensed under the provisions of Chapters 454 ("Attorneys"), 471 "Engineering"), 472 ("Land Surveying/Mapping"), 473 ("Public accountancy"), or 481 ("Architecture") of the Florida Statutes. The person performing the verification shall have a minimum of two (2) years of prior professional experience in contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this verification shall be included in the related Contract costs. 18. Intentionally Omitted 19. Cone of Silence Pursuant to Section 18-74 of the City Code, a codification of Miami Ordinance No. 12271, a "Cone of Silence" is imposed upon this ITB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence prohibits any verbal communications regarding this ITB. Any communication concerning this ITB must submit in writing to CIP and Bidders must file a copy of such written communications with the Office of the City Clerk. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk at rcastillo©miamigov.com. This language is only an overview of the requirements of the Cone of Silence. Please review Section 18-74 of the City Code for a complete and thorough description of the Cone of Silence. You may also contact the City Clerk at (305)-250-5360, to obtain a copy. 20. Public Entity Crime A person or affiliate who has been placed on the convicted Bidder list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a Response on a contract with a public entity for the construction or repair of a public building or public works project, may not submit a response on a lease of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a period of 36 months from the date of being placed on the convicted Bidder / Bidder list. 21. Fraud and Misrepresentation 12 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Any individual, corporation or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement, or omission of any material fact, may be debarred for up to five (5) years in accordance with the applicable provisions of the City Code. The City as a further sanction may terminate or cancel any other contracts with such individual, corporation or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation. 22. Collusion Where two (2) or more related parties, as defined herein, each submit a response to an ITB such submissions shall be presumed to be collusive. The foregoing presumption may be rebutted by the presentation of evidence as to the extent of ownership, control and management of such related parties in preparation and submission under such ITB. Related parties shall mean employees, officers or the principals thereof which have a direct or indirect ownership interest in another firm or in which a parent company or the principals thereof of one Contractor have a direct or indirect ownership interest in another Contractor for the same project(s). ITB responses found to be collusive shall be rejected. 23. Contractor in Arrears or Default The Contractor represents and warrants that the Contractor is not in arrears to the City and is not a defaulter as a surety or otherwise upon any obligation to the City. In addition the contractor warrants that the Contractor has not been declared "not responsible" or "disqualified" by or debarred from doing business with any state or local government entity in the State of Florida, the Federal Government or any other State/local governmental entity in the United States of America, nor is there any proceeding pending pertaining to the Contractor's responsibility or qualification to receive public agreements. The Contractor considers this warrant as stated in this Article to be a continual obligation and shall inform the City of any change during the term of the Contract. The City shall not consider and deem as non -responsible Bids submitted by Bidders where the City has determined that the Bidder is in monetary arrears or otherwise in debt or in default to the City at the time and date Bids are due. 24. Cancellation of Solicitation The City reserves the right to cancel, in whole or in part, any solicitation when it is in the best interest of the City. This determination will be at the discretion of the City and there will be no recourse from such cancellation. 13 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Section 2 — General Terms and Conditions 1. Definitions Basis of Design means a specific manufacturer's product that is named; including the make or model number or other designation, establishing the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of other manufacturers. Bid means the response submitted by a bidder to this solicitation, which includes the price, authorized signature and all other information or documentation required at by the Contract Documents at the time of submittal. Bidder means any individual, firm, incorporated or unincorporated business entity, or corporation tendering a Submittal, acting directly or through a duly authorized representative. Bidder shall have the same meaning as Contractor once a Contract for the Work has been awarded by the City and executed by the parties. Change Order means a written document ordering a change in the Contract Price or Contract Time or a material change in the Work. A change order must comply with the Contract Documents. City means the City of Miami, Florida, a Florida municipal corporation. In all respects hereunder, City's performance is pursuant to the City's capacity as Owner. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Contract. For the purposes of this Contract, "City" without modification shall mean the City Manager or Director, as applicable. City Commission means the legislative body of the City of Miami. City Manager means the duly appointed chief administrative officer of the City of Miami. Community Small Business Enterprise ("CSBE") means a construction related enterprise, including a design -build firm, and any firm providing trades and/or services for the completion of a construction project, as defined in Section 10-33.02 of the Code of Miami -Dade County. CSBE is additionally referenced in Section 18-89 of the City Code and in these Contract Documents. Consultant means a firm that has entered into a separate agreement with the City for the provision of design/engineering services for a Project; and if applicable, means the Architect or Engineer of Record contracted by the City to prepare the plans and specifications for the Projects. Consultant may also be referred to as Architect or Engineer of Record. Contract means the Invitation to Bid (ITB) solicitation and the Bid documents that have been executed by the Bidder and the City subsequent to approval of award by the City Contractor means the person, firm, or corporation with whom the City has contracted and who will be responsible for the acceptable performance of any Work and for the payment of all legal debts pertaining to any Work issued under this contract through the award of an ITB. Contract Documents means the Contract as may be amended from time to time, the plans and drawing, all addendum, clarifications, directives, change orders, payments and other such documents issued under or relating to the Project(s). Construction Change Directive means a written directive to effect changes to the Work, issued by the Consultant or the Director that may affect the ITB Contract price or time. 14 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Construction Schedule means a critical path schedule or other construction schedule, as defined and required by the Contract Documents. Consultant means the Architect or Engineer of Record contracted by the City to prepare the plans and specifications for the Projects. Consultant may also be referred to as Architect or Engineer of Record. Cure means the action taken by the Contractor promptly after receipt of written notice from the City of a breach of the Contract Documents which shall be performed at no cost to the City, to repair, replace, correct, or remedy all material, equipment, or other elements of the Work or the Contract Documents affected by such breach, or to otherwise make good and eliminate such breach, including, without limitation, repairing, replacing or correcting any portion of the Work or the Project(s) site(s) disturbed in performing such cure. Cure Period means the period of time in which the Contractor is required to remedy deficiencies in the Work or compliance with the Contract Documents after receipt of written notice to Cure from the City identifying the deficiencies and the time to Cure. Design Documents means the construction plans and specifications included as part of a Bid/Proposal Solicitation prepared by the consultant for this Project(s) under a separate Agreement with the City. Director means the Director of the Department of Capital Improvements and Transportation or designee, who has the authority and responsibility for managing the Project(s) under this Agreement. Drawings means the graphic and pictorial portions of the Work, which serve to show the design, location and dimensions of the Work to be performed, including, without limitation, all notes, schedules and legends on such Drawings. Field Directive means a written approval for the Contractor to proceed with Work requested by the City or the consultant, which is minor in nature and should not involve additional cost. Final Completion means the date subsequent to the date of Substantial Completion at which time the Construction Manager has completed all the Work in accordance with the Agreement as certified by the architect or engineer of record or the City and submitted all documentation required by the Contract Documents. Guaranteed Maximum Cost means the sum established by these Contract Documents as the maximum cost to the City of performing the specified Work on the basis of the cost of labor and materials plus overhead expenses and profit. Inspector means an authorized representative of the City assigned to make necessary inspections of materials furnished by Contractor and of the Work performed by Contractor. Local Workforce Participation Requirements shall mean the requirements set forth in § 18- 89 of the City Code that (unless determined inapplicable or exempted by the City Manager pursuant to this Code Section) the Bidder/Respondent will employ on -site labor from persons who reside within the City of Miami municipal boundaries (e.g. city limits). Materials mean goods or equipment incorporated in a Project(s), or used or consumed in the performance of the Work. Notice of Award means the written letter to the Contractor notifying the Contractor that they have been awarded the Contract. Notice To Proceed means a written letter or directive issued by the Director or designee acknowledging that all conditions precedent have been met and directing that the Contractor may begin Work on the Project(s). 15 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Plans and/or Drawings means the official graphic representations of a Project(s). Project Or Work as used herein refers to all reasonably necessary and inferable construction and services required by the Contract Documents whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the(its) obligations, including completion of the construction in accordance with the Drawings and Specifications. The Work may constitute the whole or a part of the Project(s). Project Manager means the individual assigned by CIP to manage the Project(s). Request For Information (RFI) means a request from the Contractor seeking an interpretation or clarification relative to the Contract Documents. The RFI, which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s) requiring clarification or interpretation and why the response is needed. The RFI must set forth the Contractor's interpretation or understanding of the document(s) in question, along with the reason for such understanding. Risk Administrator means the City's Risk Management Administrator, or designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. Subcontractor means a person, firm or corporation having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. Submittal means documents prepared and submitted by the Bidder to pre -qualify under this solicitation. Substantial Completion means that point at which the Work is at a level of completion in substantial compliance with the Agreement such that the City can use, occupy and/or operate the facility in all respects to its intended purpose. Substantial Compliance shall not be deemed to have occurred until any and all governmental entities, which regulate or have jurisdiction over the Work, have inspected, and approved the Work. Beneficial use or occupancy shall not be the sole determining factor in determining whether Substantial Completion has been achieved, unless a temporary certificate of occupancy has been issued. Work means the completed construction required by the Contract Documents, including all labor necessary to produce such construction and all materials, supplies, and equipment incorporated or to be incorporated in such construction. 2. Time is of the Essence Contractor will promptly perform its duties under the Contract and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with the Contract Documents. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in the Contract Documents. All dates and periods of time set forth in the Contract Documents, including those for the commencement, prosecution, interim milestones, milestones, and completion of the Work, and for the delivery and installation of materials and equipment, were included because of their importance to the City. Contractor acknowledges and recognizes that the City is entitled to full and beneficial occupancy and use of the completed Work following expiration of the Contract Time. 16 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. In agreeing to bear the risk of delays for completion of the Work except for extensions approved in accordance with Article 71, Excusable Delays, the Contractor understands that, except and only to the extent provided otherwise in the Contract Documents, the occurrence of events of delay within the Contractor's control, the Work shall not excuse the Contractor from its obligation to achieve full completion of the Work within the Contract Documents Time, and shall not entitle the Contractor to an adjustment. All parties under the control or contract with the Contractor shall include but are not limited to material persons and laborers. The Contractor acknowledges that the City is purchasing the right to have the Contractor continuously working at the Project(s) site(s) for the full duration of the Project to ensure the timely completion of the Work. 3. Contract Term The Contract shall commence upon issuance of the Notice of Proceed, which shall be issued subsequent to the execution of the Contract by the City. The Contract shall terminate upon notice by the City that the Contract has been closed -out after final completion or otherwise terminated by the City pursuant to the terms and conditions herein set forth. The total bid amount shall be the Guaranteed Maximum Cost ("GMC") of the Project which means the maximum cost of the work including labor, materials, equipment, overhead expenses and profit. The City will not be liable for payment of any amount in excess of the GMC (unless, the City Commission has approved a project contingency or has approved a prior amendment to the Contract, setting forth an additional amount due to Owner requested changes or its equivalent. If the term Guaranteed Maximum Price ("GMP") is used in this Agreement, it shall have the same definition as GMC, defined above. 4. Notices Whenever either party desires to give Written Notice unto the other relating to the Contract, such must be addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Article. Notice shall be deemed given on the date received or within 3 days of mailing, if mailed through the United States Postal Service. Notice shall be deemed given on the date sent via e-mail or facsimile. Notice shall be deemed given via courier/delivery service upon the initial delivery date by the courier/delivery service. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Mark Spanioli, P.E., Director Capital Improvements & Transportation Program City of Miami 444 S.W. 2nd Avenue, - 8th Floor Miami, Florida 33130 Jeovanny Rodriguez, P.E., Assistant Director Capital Improvements & Transportation Program City of Miami 444 S.W. 2nd Avenue, - 8th Floor Miami, Florida 33130 For Contractor: Mario Gonzalez, President 17 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Maggolc, Inc. 11020 SW 55th Street Miami, Florida 33165 During the Work the Contractor shall maintain continuing communications with Consultant and the Project Manager. The Contractor shall keep the City fully informed as to the progress of the Project(s) at all times through ongoing communications with the Project Manager. The Contractor shall notify the Miami Police Department and Fire Department about the construction schedule(s). The Contractor is required to obtain a current list of contract persons and phone numbers from the City of Miami's Project Manager prior to Construction. The Contractor must notify residents living within 500 feet of the project in writing as least one week in advance prior to commencing work in the general area. 5. Priority of Provisions All work shall be constructed in accordance with the latest edition of the City of Miami's Contract Documents and Specifications. The City of Miami 's Standards for design and construction as well as the Miami Dade County's Standards Details, and the 2007 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction. If there is a conflict or inconsistency between any term, statement requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into the Contract Documents by reference and a term, statement, requirement, the specifications and plans prepared by the Consultant, or provision of the Contract Documents the following order of precedence shall apply: In the event of conflicts in the Contract Documents the priorities stated below shall govern; • Revisions to the Contract shall govern over the Contract • The Contract Documents shall govern over the Contract • Addendum to an ITB shall govern over a ITB In the event of conflicts within the Contract Documents the priorities stated below shall govern: • Scope of Work and Specifications shall govern over plans and drawings • Schedules, when identified as such shall govern over all other portions of the plans • Specific notes shall govern over all other notes, and all other portions of the plans, unless specifically stated otherwise • Larger scale drawings shall govern over smaller scale drawings • Figured or numerical dimensions shall govern over dimensions obtained by scaling • Where provisions of codes, manufacturer's specifications or industry standards are in conflict, the more restrictive or higher quality shall govern 6. Indemnification Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall, further, hold the City, its officials and employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work or performance of the Contract or the failure of the Contractor to comply with applicable laws, codes, rules, and regulations, or the permitting/approval requirements of any public agency having jurisdiction over the Work or the failure of the Contractor to comply 18 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. with any term, provision or requirement of the Contract Documents, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the cancellation and the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend, at its own expense, to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub - Contractor, under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is acknowledged by the Contractor. 7 Insurance Without limiting any of the other obligations or liabilities of Contractor, Contractor shall provide, pay for, and maintain in force until all of its Work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverage's set forth herein. 7.1. Workers' Compensation insurance to apply for all employees in compliance with the Statutory "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: ■ Waiver of subrogation ■ Statutory State of Florida ■ Limits of Liability 7.2. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by an accident, each accident. One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by disease, each employee. One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by disease, policy limit. 7.3. Commercial General Liability (Primary & Non Contributory) (CG 2010 11/85) 19 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. (CGL) with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability, with a general aggregate limit of Two Million Dollars ($2,000,000.00). Coverage must be afforded on a primary and non contributory basis and with a coverage form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: ■ Products and/or Completed Operations for contracts with an Aggregate Limit of One Million Dollars ($1,000,000.00) per project. Contractor shall maintain in force until at least three years after completion of all Work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. ■ Personal and Advertising Injury with an aggregate limit of One Million Dollars ($1,000,000). ■ CGL Required Endorsements o Employees included as insured o Contingent Liability/Independent Contractors Coverage o Contractual Liability o Waver of Subrogation o Premises and/or Operations Liability o Explosion, Collapse and Underground Hazard o Loading and Unloading City is to be expressly included as an Additional Insured pursuant to endorsement number CG 2010 11/85 or its equivalence. 7.4. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury 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: ■ Owned Vehicles ■ Hired and Non -Owned Vehicles ■ Employers' Non -Ownership ■ Employees included as insureds ■ City of Miami as Additional Insured ■ Any Auto ■ Scheduled Autos 7.5. Umbrella Policy (Excess Following Form/True Excess Following Form/True Umbrella) ■ Bodily injury and property damage liability with limits of Three Million Dollars ($3,000,000) per occurrence, Three Million Dollars ($3, 000,000) Aggregate. Excess coverage over the policies as follows: 20 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. ■ Commercial General Liability ■ Business Automobile Liability ■ Employer's Liability City shall be listed as an additional insured. 7.6. Installation Floater Causes of Loss: Special Form including Wind and Hail Valuation: Replacement Cost City of Miami included as an additional insured 5% Maximum on Wind A. Limit/Value at Location or Site: $ TBD Required 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. 7.7. Owners & Contractor's Protective Each Occurrence General Aggregate $1,000,000 $1,000,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. If the initial insurance expires prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. Notice of Cancellation and/or Restriction --The policy (ies) must be endorsed to provide City with at least thirty (30) days notice of cancellation and/or restriction. Contractor shall furnish to the Capital Improvement Program the Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The official title of the Owner is the City of Miami, Florida. This official title shall be used in all insurance documentation. The City of Miami shall be listed as an additional insured where applicable. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The Risk Administrator or his/her authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles or other insurance obligations by providing a thirty (30) day written notice to the 21 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Contractor in accordance with Section 2, General Conditions, Article 4, Notices. Contractor shall comply with such requests unless the insurance coverage is not then readily available in the national market. An additive or deductive change order will be issued to adjust the contract value as necessary. For insurance bonding issues and decisions, the City shall act through its Risk Administrator (unless otherwise stated). 8. Performance and Payment Bond Where required by the Contract Documents or by Florida Statutes, the Contractor shall within fifteen (15) calendar days of being notified of award, furnish a Performance/Payment Bond ("Bond") containing all the provisions of the attached Performance/Payment forms. Each Bond shall be in the amount of one hundred percent (100%) of the Contract value guaranteeing to City the completion and performance of the Work covered in the Contract Documents as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project(s). Each Bond shall be with a Surety, which is qualified pursuant to Article 9, Qualification of Surety. Each Bond shall continue in effect for one year after Final Completion and acceptance of the Work with liability equal to one hundred percent (100%) of the Contract value, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Project(s). The City must be listed as an Obligee. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as amended from time to time, Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide City with evidence of such recording. Alternate Form of Security: In lieu of a Performance/Payment Bond, Contractor may furnish alternate forms of security, which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 9. Qualification of Surety Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000.00): Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size Category of (VII). The surety company must be of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 22 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. 10. General Requirements 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. The Contractor agrees that the Contractor will at all times employ, maintain and assign to the performance of a Project a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the Work to be performed. The Contractor agrees to adjust staffing levels or to replace any staff personnel if so requested by the Project Manager, should the Project Manager make a determination that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. The Contractor 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. The Contractor shall provide temporary facilities and controls necessary to perform the Work and to ensure safe and proper access and use of the site by the Project Manager and the Consultant. Any such specific requirements will be included in the Technical Specification portion of the ITB. The Contractor shall at all times cooperate with the City, or the Consultant and coordinate its respective Work efforts to most effectively and efficiently progress the performance of the Work. The City, the Consultant and other agencies authorized by the City, shall have full access to the Project(s) site(s) at all times. The Contractor shall be responsible for the good condition of the Work or materials until formal release from his obligations under the terms of the Contract Documents. Contractor shall bear all losses resulting to it on account of the amount or character of the Work, or the character of the ground, being different from what he anticipated. The Contractor shall at all times conduct the Work in such manner and in such sequence as will ensure the least practicable local interference. Contractor shall not open up Work to the prejudice of Work already started, and the Project Manager may require the Contractor to finish a section on which Work is in progress before Work is started on any additional section. Contractor is to take necessary precautions and use caution when working in or around overhead transmission lines and underground utilities. The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as meaning that only best practices are to prevail and only materials and workmanship of the best quality are to be used in the performance of the Work. 11. Method of Performing the Work If the Project Manager or Consultant reasonably determines the rate of progress of the Work is not such as to ensure its completion within the designated completion time, or if, in the opinion of the Project Manager or Consultant, the Contractor is not proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work according to the Project schedule accepted by or determined by the Project Manager or Consultant, the Project Manager or the Consultant shall have the right to order the Contractor to do either or both of the following: (1) improve its work force; and/or (2) improve its performance in accordance with the schedule to ensure completion of the Project(s) within the specified time. The Contractor shall immediately comply with such orders at no additional cost to the City. (3) The City at its sole 23 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. option may also have Work performed by a third party contractor and deduct such cost from any monies due the Contractor. Where materials are transported in the performance of the Work, vehicles shall not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to the satisfaction of the Project Manager or Consultant. Contractor is responsible to control dust and prevent it from becoming a public nuisance or causing off -site damage. Contractor shall take all necessary and prudent measure to control dust. The Contractor shall furnish to the Project Manager and the Consultant a complete listing of 24- hour telephone numbers at which responsible representatives of the Contractor and all of the Contractor's Subcontractor can be reached should the need arise at any time. 12. Work Staging and Phasing The Work to be performed shall be done in such a manner so as not to interfere with the normal City operations of the Project site or facility. The manner in which the Work is performed shall be subject to the approval of the Project Manager or Consultant, whom if necessary, shall have the authority to require changes in the manner in which the Work is performed. There shall be no obstruction of City services without the prior written approval of the Project Manager or Consultant. All requests for such interruption or obstruction must be given in writing to the Project Manager or Consultant 24 hours in advance of the interruption of City operations. The Contractor shall familiarize itself with normal City operations where the Work is to be performed so that it can conduct the Work in the best possible manner to the complete satisfaction of the Project Manager and Consultant. A staging plan must be submitted to and approved by the Project Manager or the Consultant prior to the start of construction and issuance of the Notice to Proceed. Such staging plan shall be revised and resubmitted as necessary during construction. 13. Site Investigation and Representation The Contractor acknowledges that it has satisfied itself as to the nature and location(s) of the Work under the Contract Documents, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the performance of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection of the Project(s) site(s) as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory work that may have been done by the City or included in this Contract Documents. Contractor should examine the soil conditions at the Project site to determine if any special shoring, sheeting, or other procedures are necessary to protect adjacent property during excavation of subsoil materials or during filling of any area(s), or for any operation during the performance of the Work. 24 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Any failure by the Contractor to acquaint itself with all the provided information and information obtained by visiting the Project(s) site(s) will not relieve Contractor from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. In the event that the actual subsurface conditions vary from the actual City provided reports the Contractor shall notify the City and this Contract Documents amount may be adjusted up or down depending on the conditions. 14. Contractor to Check Plans, Specifications and Data Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Project Manager or Consultant as part of a Contract Documents, and shall notify the Project Manager and the Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by the Project Manager or by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Project Manager or Consultant. 15. Contractor's Responsibility for Damages and Accidents Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the City any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the City, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Lawn Areas - All lawn areas disturbed by construction shall be replaced with like kind to a condition similar or equal to that existing before construction. Where sod is to be removed, it shall be carefully removed, and the same re-soded, or the area where sod has been removed shall be restored with new sod in the manner described in the applicable section. Fences - Any fence, or part thereof, that is damaged or removed during the course of the work shall be replaced or repaired by the Contractor, and shall be left in as good of a condition as before the starting of the work. Where fencing, walls, shrubbery, grass strips or area must be removed or destroyed incident to the construction operation, the Contractor shall, after completion of the work, replace or restore to the original condition all such destroyed or damaged landscaping and improvements. 16. Accidents The Contractor shall provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to person who may be injured during the Project(s) duration. The Contractor shall also comply with the OSHA requirements as defined in the United States Labor Code 29 CFR 1926.50. In addition, the Contractor must report immediately to the Project Manager and Consultant every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. 17. Safety Precautions 25 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: • All employees on the Project(s) site(s) and other persons who may be affected thereby; • All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project(s) site(s); and • Other property at the Project(s) Site(s) or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. Contractor shall designate a responsible member of its organization at the Project(s) site(s) whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Project Manager. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property caused directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Project Manager or Consultant has issued the Contractor a notice of Final Acceptance. Contractor must adhere to the applicable environmental protection guidelines for the duration of a Project. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied or secured to ensure absolute safety for those required to use it, as well as those in the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all federal state and local regulations. All open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. No open trenches or holes are to be left open during nighttime or non -working hours without the prior written approval of the Project Manager. If an emergency condition should develop during a Project, the Contractor must immediately notify the Project Manager and Consultant of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager and the Consultant. 18. Occupational Health and Safety 26 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F- 41.03 of the Florida Administrative Code delivered as a result of a Project must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: • The chemical name and the common name of the substance. • The hazards or other risks in the use of the substance, including: o The potential for fire, explosion, corrosion, and reaction; o The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the substance; and o The primary routes of entry and symptoms of overexposure. • The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the substances, including appropriate emergency treatment in case of overexposure. • The emergency procedure for spills, fire, disposal, and first aid. • A description in lay terms of the known specific potential health risks posed by the substance intended to alert any person reading this information. • The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 19. Labor and Materials Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project(s) site(s) and shall not employ on the Project(s) any unfit person or anyone not skilled in the Work to which they are assigned. 20. Rules, Regulations and Licenses The successful Contractor shall comply with all laws and regulations applicable to provision of services specified in the Contract Documents. The Contractor shall be familiar with all federal, state and local laws that may in affect the Work, goods and/or services offered. 21. Consultant Services The City, at its sole discretion may hire a Consultant who shall serve as the City's Representative for the Project(s) to be performed under the Contract Documents. The Contract Documents will state that an City's representative has been contracted with for the management of the Work under the Contract Documents and who will be the lead point of contact, the Consultant or the Project Manager. Where a Consultant has been identified, the Consultant and the Project Manager will have authority to act on behalf of the City to the extent provided in the Contract Documents and as outlined in Article 22, Authority of the Project Manager, of the General Terms and Conditions. On the basis of the on -site observations, the Consultant will keep the Project Manager informed of the progress of the Work. In the capacity of interpreter, the Consultant will exercise the best efforts to ensure faithful performance by both the Project Manager and the Contractor and will not show partiality to either. 27 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. The Project Manager will assist the Consultant in conducting inspections to determine the date or dates of Substantial Completion and Final Acceptance and will receive and review written warranties and related documents required by the Contract and the Contract Documents. The Consultant will be responsible for receiving all documentation for review and acceptance. Upon acceptance such documentation will be forwarded to the Project Manager. The Project Manager in conjunction with the Consultant will approve Schedules of Values, Project Schedules, subcontractors and invoices. The City may contract for additional consultant services, including but not limited to construction examination and observation services. Such services are intended to be additional services and are not intended to and shall not be construed to supplant or alter the role and responsibilities of the Consultant. In case of the termination of employment of the Consultant, the City may, at its sole discretion, appoint another Consultant, whose status under the Contract shall be as that of the former Consultant. 22. Project Management Where a Contractor is awarded Work, the Contractor shall be responsible for all Project management, including any and all subcontracts necessary to ensure that the Work is performed in accordance with the Contract Documents. Project Management shall include, but is not limited to: obtaining bids from subcontractors and suppliers; coordinating the securing of all permits; obtaining licenses and inspections; ensuring that subcontractors comply with all City requirements; performing the Work in accordance with the Contract Documents to the satisfaction of the Project Manager; paying all subcontractors; obtaining release of liens/claims fees; and obtaining temporary and final Certificates of Occupancy or Completion. 23. Superintendence and Supervision The orders of the City are given through Consultant or Project Manager, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to Project Manager or Consultant. The superintendent shall not be changed except with the written consent of Project Manager or Consultant, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by Project Manager or Consultant upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. The Project Manager and the Consultant shall be provided telephone number(s) for the superintendent where the superintendent can be contacted during normal working hours as well as after hours for emergencies. On Projects in excess on thirty (30) calendar days the Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of Work for the day; the Work being performed; materials, labor, personnel, equipment and subcontractors at the Project(s) site(s); visitors to the Project site, including representatives of the City, Consultant, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of Work for the day. All information shall be recorded in the daily log in indelible ink. The daily log shall be kept on the Project(s) site(s) and shall be available at all times for inspection and copying by Project Manager and Consultant. The Project Manager, Contractor and Consultant shall meet at least every two (2)weeks or as otherwise determined by the Project Manager, during the course of the Work to review and 28 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. agree upon the Work performed and outstanding issues. The Contractor shall publish, keep, and distribute minutes and any comments thereto of each such meeting. If Contractor, in the course of performing the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Plans, it shall be the Contractor's duty to immediately inform Project Manager and Consultant, in writing, and Project Manager or Consultant, will promptly review the same. Any Work done after such discovery, until authorized, will be done at Contractor's sole risk. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. All Work, including trade Work shall be performed and supervised by persons properly licensed for the Work being performed. 24. Authority of the Project Manager The Director hereby authorizes the Project Manager or the Consultant designated in the Contract Documents to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under this Contract Documents. The Contractor shall be bound by all determinations or orders of the Project Manager and/or Consultant and shall promptly respond to requests of the Project Manager and/or Consultant, including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the Project Manager's and/or Consultant's determination or requests. Where requests are made orally, the Project Manage and/or Consultant will follow up in writing, as soon thereafter as is practicable. The Project Manager and/or Consultant shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Contractor shall be issued in writing. All instructions to the Contractor shall be issued through the Director, Project Manager or the Consultant. The Project Manager and Consultant shall have access to the Project(s) Site(s) at all times. The Contractor shall provide safe facilities for such access so the Project Manager and Consultant may perform their functions under the Contract. The Project Manager and Consultant will make periodic visits to the Work Site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Project Manager and Consultant will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Project Manager and Consultant will have authority to reject Work that does not conform to the Contract Documents. Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion of the Contract Documents the Project Manager and Consultant will have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed or completed. Neither the Project Manager's nor Consultant's authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager or Consultant to the Contractor, any subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. 29 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. All interpretations and recommendations of the Project Manager and Consultant shall be consistent with the intent of the Contract Documents. The Project Manager and Consultant will not be responsible for the acts or omissions of the Contractor, any Subcontractor, or any of their agents or employees, or any other persons performing any of the Work. 25. Inspection of Work Consultant, Inspectors, and City shall at all times have access to the Work during normal work hours, and Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. Should the Contract Documents, Consultant/Inspector Project Manager's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give Project Manager and Consultant timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than City, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of Project Manager or Consultant, it must, if required by the Project Manager or Consultant, be uncovered for examination and properly restored at Contractor's expense. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with the City's testing laboratory or entity. The Contractor shall give the City and the Consultant timely notice of when and where tests and inspections are to be made so that the City or Consultant may be present for such procedures. Re-examination of any of the Work may be ordered by the Project Manager or Consultant, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the City or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of the Contract Documents or to delay the Work by failure to inspect the materials and Work with reasonable promptness without the written permission or instruction of Project Manager or Consultants. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by the Contractor to any Inspector, directly or indirectly, is strictly prohibited, and any such act on the part of the Contractor will constitute a breach of this Contract. 26. Taxes Contractor shall pay all applicable sales, consumer, use and any other taxes required by law, rule or regulation. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 27. Separate Contracts Prior to the commencement of the Work the Project Manager or the Consultant will notify the Contractor of all ongoing projects or projects scheduled to commence during the Work that may 30 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. require coordination. The Contractor shall be responsible for coordinating the Work with any other project to minimize any potential adverse impact. Contractor shall not be entitled to any days of delay for failure to properly coordinate the Work. The Consultant and the Project Manager will assist the Contractor in coordinating the Work. However, the sole responsibility for coordination rests with the Contractor. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Project Manager and Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's Work. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. To ensure the proper execution of subsequent Work, Contractor shall inspect the Work already in place and shall at once report to Project Manager and Consultant any discrepancy between the executed Work and the requirements of the Contract Documents. 28. Lands of Work City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto and such other lands as are designated by City for the use of Contractor. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 29. Coordination of Work The Project Site(s) may be occupied and may operate on a twenty-four hour seven day a week schedule. Contractor shall ensure that the performance of the Work does not impact any ongoing operations at Project(s) site(s), which also includes the delivery of any materials and equipment. Access to and egress from the Project Site(s) shall be coordinated with the Project Manager and the Consultant to minimize interference to regular and emergency operations of the facility. Contractor may be required to coordinate the Work with other contractors performing work at the Project(s) site. 30. Differing Site Conditions In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project(s) site(s) which differ materially from those shown in the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project(s) site(s), of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, Contractor, without disturbing the conditions and before performing any Work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify the Project Manager and Consultant in writing of the existence of the aforesaid conditions. Project Manager and the Consultant shall, within two (2) business days after receipt of Contractor's 31 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Project Manager or the Consultant, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, Project Manager or Consultant shall recommend an equitable adjustment to the Contract Documents Price or Contract Documents Time, or both. If the Project Manager and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to the Director for determination. Should the Director determine that the conditions of the Project(s) site(s) are not so materially different to justify a change in the terms of the Contract Documents, the Director shall so notify the Project Manager, Consultant, and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract Documents under this provision shall be allowed unless Contractor has given written notice and otherwise fully documented altering site conditions in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract price or Contract time for differing site conditions shall be allowed if made after the date certified by Consultant or Project Manager as the date of substantial completion. 31. Existing Utilities Known utilities and structures adjacent to or encountered in the Work will be shown on the Drawings. The locations shown are taken from existing records and the best information available from existing plans and utility investigations; however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed by either the City for their accuracy or completeness. No request for additional compensation or contract time resulting from encountering utilities not shown will be considered. The Contractor shall explore sufficiently ahead of the Work to allow time for any necessary adjustments The Contractor must coordinate all underground utility locations through "Sunshine State One CaII of Florida, Inc", who shall be contacted a minimum of 48 hours before the Contractor commences any digging. The Contractor is responsible for removing all utility markings once the work is completed. Final payment to the Contractor may be withheld until the utility marks are removed. 32. Contractor's Responsibility for Utility Properties and Service Where the Contractor's operations could cause damage or inconvenience to railway, telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make all arrangements necessary for the protection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the construction operation at least 48 hours in advance. Under no circumstance expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The Contractor and his Subcontractors shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under the Contract Documents. Neither the City nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the Work. 32 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly as possible and bear all costs of repair. In no event shall interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with trenching are encountered, the Contractor may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the service with similar and equal materials at the Contractor's expense and as approved by the Project Manager or Consultant. Replace, with material approved by the Project Manager or Consultant, at Contractor's expense, any and all other laterals, existing utilities or structures removed or damaged during construction, unless otherwise provided for in the Contract Documents and as approved by the Project Manager or Consultant. Replace, with material approved by the Project Manager or Consultant, at Contractor's expense, any existing utilities damaged during the Work 33. Interfering Structures An attempt has been made to show major structures on the furnished Drawings. While the information has been compiled from the best available sources, its completeness and accuracy cannot be guaranteed, and is presented as a guide. The Contractor shall field verify all locations. Contractor shall coordinate with any affected companies, including utility companies and take necessary precautions to prevent damage to existing structures whether on the surface, above ground, or underground, including have the owner of the interfering structures place temporary supports. 34. Field Relocation During the process of the Work, it is expected that minor relocations of the Work may be necessary. Such relocations shall be made only by the direction of the Project Manager or Consultant at the Contractor's expense. If existing structures are encountered that will prevent construction as shown, the Contractor shall notify the Project Manager or Consultant before continuing with the Work in order that the Project Manager or Consultant may make such field revisions as necessary to avoid conflict with the existing structures. Where the Contractor fails to notify the Project Manager or Consultant when an existing structure is encountered, and proceeds with the Work despite this interference, the Contractor does so at his own risk. 35. Contractor's Use of Project Site(s) Limitations may be placed on the Contractor's use of the Project(s) site(s) and such limitations will be identified by the Project Manager. In addition to such limitations, the Project Manager may make storage available to the Contractor at his sole discretion based on availability of space. The Contractor shall also coordinate and schedule deliveries so as to minimize disruptions to City day-to-day operations. The Contractor shall limit its use of the Project site(s), so as to allow for the City's continuous operation. This is necessary, as the Project Site(s) may remain in operation during the Work. • The Contractor shall: o Confine operations at the Project(s) site(s) to the areas permitted by the Project Manager or Consultant; not disturb portions of the Project(s) site(s) beyond the specified areas; conform to Project(s) site(s) rules and regulations affecting the Work. 33 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. o Keep existing driveways and entrances serving surrounding facilities clear and available to the City, its employees and the public at all times; not use areas for parking and/or storage of materials except as authorized by the Project Manager. o Assume all responsibility for its tools, equipment and materials, including any materials purchased for the Work and not accepted by the City, and its vehicles while performing Work for the City and/or while parked or stored at a City facility. The City assumes no liability for damage or loss to the items specified in this paragraph. Access to parking and egress from the Project(s) site(s) shall be subject to the approval of the Project Manager. 36. Warranty of Materials and Equipment Contractor warrants to City that all materials and equipment furnished under the Contract Documents will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents and Contract/Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Project Manager or Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract Documents. 37. Material and Equipment Shipment, Handling, Storage and Protection Preparation for Shipment When practical, equipment shall be factory assembled. The equipment parts and assemblies that are shipped unassembled shall be furnished with assembly plan and instructions. The separate parts and assemblies shall be factory match -marked or tagged in a manner to facilitate assembly. All assemblies are to be made by the Contractor at no additional cost to the City. Generally, machined and unpainted parts subject to damage by the elements shall be protected with an application of a strippable protective coating, or other approved protective method. Equipment shall be packaged or crated in a manner that will provide protection from damage during shipping, handling, and storage. The outside of the package or crate shall be adequately marked or tagged to indicate its contents by name and equipment number, if applicable; approximate weight; state any special precautions for handling; and indicate the recommended requirements for storage prior to installation. Packaging and Delivery of Spare Parts and Special Tools Properly mark to identify the associated equipment by name, equipment, and part number. Parts shall be packaged in a manner for protection against damage from the elements during shipping, handling, and storage. Ship in boxes that are marked to indicate the contents. Delivery of spare parts and special tools shall be made prior to the time associated equipment is scheduled for the initial test run. Shipment All equipment and material shall be shipped with freight and shipping paid, FOB job site. The Contractor shall request a 7-day advance notice of shipment from manufacturers, and, upon receipt of such notice, provide the Engineer with a copy of the current delivery information concerning equipment items and material items of critical importance to the Project schedule. 34 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Receiving The Contractor shall unload and record the receipt of all equipment and materials at the jobsite. All costs for receiving, inspection, handling, storage, insurance, inventory control, and equipment maintenance for the Contractor -Supplied and City -Supplied materials and equipment shall be included in the prices Bid and no extra compensation will be allowed. Inspection Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall inspect for completeness and any evidence of damage during shipment. City supplied equipment and material shall be inspected and inventoried together with City's Inspector. Should there appear to be any shortage or damage, the Project Manager or Consultant shall be immediately notified; and the Contractor shall be fully responsible for informing the manufacturers and the transportation company of the extent of the shortage or damage. If the item or items require replacing or supplying missing parts, the Contractor shall take the necessary measures to expedite the replacement or supply the missing parts. Handling Equipment and materials received for installation on the Project(s) shall be handled in accordance with the manufacturer's recommendations, and in a manner that will prevent damage. Storage Equipment and materials shall be stored prior to installation as recommended by the manufacturer. Generally, materials such as pipe shall be stored off the ground in approved storage yards. Items subject to damage by the elements, vandalism, or theft shall be stored in secure buildings. Items requiring environmental control for protection shall be provided with the necessary environmentally controlled storage facilities at no cost to the City. Insurance The Contractor's insurance shall adequately cover the value of materials delivered but not yet incorporated into the Work. Inventory Control Equipment and materials shall be stored in a manner to provide easy access for inspection and inventory control. The Contractor shall keep a running account of all materials in storage to facilitate inspection and to estimate progress payments for materials delivered but not installed in the Work. Equipment's Maintenance Prior to Acceptance by the City Provide the required or manufacturer's recommended maintenance during storage, during the installation, and until such time as the City accepts the equipment for full-time operation. Salvage Equipment Any salvageable pipe, fittings, or other miscellaneous material or equipment removed during construction and not reused in the Work shall be cleaned, hauled, and stored by the Contractor at his own expense, where directed by the Project Manager or Consultant, and shall remain the property of the City. All other material shall be disposed of by the Contractor at his own expense. 38. Manufacturer's Instructions The Contractor shall: 35 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Comply with manufacturer's requirements for the handling, delivery and storage of all materials. Where required by the Contract Documents, Contractor shall submit manufacturer's printed instructions for delivery, storage, assembly, and installation. Comply with the manufacturer's applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Contract Documents including the Contract Documents. Inspect each item of material or equipment immediately prior to installation and reject damaged and defective items. Provide attachment and connection devices and methods for securing the Work; secure Work true to line plumb and level, and within recognized industry standards; allow for expansion and building movement; provide uniform joint width in exposed Work; arrange joints in exposed Work to obtain the best visual effect and refer questionable visual effect choices to the Consultant for final decision when applicable to the Work. Recheck measurements and dimensions of the Work, as an integral step in starting each portion of the Work. Install each unit or section of Work during favorable weather conditions, which shall ensure the best possible results in coordination with the entire Project(s) and isolate each unit of Work from incompatible Work as necessary to prevent potential interference among each section and/or deterioration of equipment. Coordinate enclosure of the Work, which requires inspections and tests so as to minimize the necessity of uncovering Work for that purpose. When required by the Contract Documents or the manufacturer, a qualified representative shall be present to observe field conditions, conditions of surface and installation, quality of workmanship, and applications. Manufacturer's representative shall provide the Contractor and the Project Manager or Consultant a written report of field observations. 39. Manufacturer's Warranty Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied, shall be made available to the City for material and equipment covered by this Contract Documents. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty. The Contract Documents may supersede the manufacturer's standard warranty. Manufacturer's warranties will become effective upon Final Acceptance of the Project(s). 40. Reference Standards Reference to the standards of any technical society, organization or body shall be construed to mean the latest standard adopted and published at the date of request for qualifications, even though reference may have been made to an earlier standard. Such reference is hereby made a part of the Contract Documents the same as if herein repeated in full and in the event of any conflict between any of these standards and those specified, the most stringent shall govern unless otherwise stated. 41. Submittals Contractor shall check and approve all shop drawing, samples, product data, schedule of values, and any and all other submittals to make sure they comply with the Contract Documents prior to submission to the Project Manager or Consultant. 36 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Contractor by approving and submitting any submittals, represents that they have verified the accuracy of the submittals, and they have verified all of the submittal information and documentation with the requirements of the Contract Documents. At time of submission the Contractor shall advise the Project Manager and Consultant in writing of any deviations from the Contract Documents. Failure of the Contractor to advise the Project Manager or Consultant of any deviations shall make the Contractor solely responsible for any costs incurred to correct, add or modify any portion of the Work to comply with the Contract Documents. Each shop drawing submittal shall contain a title block containing the following information: • Number and title of drawing, including Contract title and Number • Date of drawing and revisions • Name of Contractor and Subcontractor (if any) submitting drawings • Name of Project, Building or Facility • Specification Section title and number • Contractor's Stamp of approval, signed by the Contractor or his checker • Space above the title block for Project Manager' or Consultant's action stamp • Submittal or re -submittal number (whether first, second, third, etc.) • Date of submittal Contractor shall sign, in the proper block, each sheet of shop drawing and data and each sample label to certify compliance with the requirements of the Contract Documents. Shop drawing submitted without the stamp and signature shall be rejected and it will be considered that the Contractor has not complied with the requirements of the Contract Documents. Contractor shall bear the risk of any delays that may occur as a result of such rejection. City shall not be liable for any materials, fabrication of products or Work commenced that requires submittals until the Project Manager or Consultant has returned approved submittals to the Contractor. Project Manager or Consultant shall make every effort to review submittals within fourteen (14) calendar days from the date of receipt by the Project Manager or Consultant. Project Manager or Consultant's review shall only be for conformance with design concepts and the information provided in the Contract Documents. The approval of a separate item shall not constitute approval of an assembly in which the item functions. The Project Manager or Consultant shall return the shop drawings to the Contractor for their use and distribution. Acceptance of any submittal shall not relieve the Contractor of any responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has given written notice to the Project Manager or Consultant of the specific deviations and the Consultant have issued written approval of such deviations. By approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that all materials, field measurements and field construction criteria related thereto have been verified, checked and coordinated with the requirements of the Work and have been verified, checked and coordinated with this Contract Documents. Contractor shall be responsible for the distribution of all shop drawings, copies of product data and samples, which bear the Project Manager's or Consultant's stamp of approval. Distribution shall include, but not be limited to; job site file, record documents file, Sub -contractor, suppliers, and other affected parties or entities that require the information. The Contractor shall also provide copies of all plans approved and permitted by the required governing authorities. 37 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. The Contractor shall not be relieved of responsibility for errors or omissions in any and all submittals by the Project Manager's or Consultant's acceptance thereof. The Contractor warrants the adequacy for the purpose intended of any shop drawings or portion of a shop drawing that alters, modifies or adds to the requirements of the Contract Documents. Nothing in the Project Manager's or Consultant's review of Shop Drawings, Submittals and Samples shall be construed as authorizing additional work or increased cost to the City. Section 01340 contains additional requirements for submittals. Where a conflict exists between the submittal requirements of the General Terms and Conditions and the Technical Specifications, the Technical Specifications shall prevail. 42. Shop Drawings Contractor shall submit Shop Drawings as required by the Contract Documents. The purpose of the Shop Drawings is to show, in detail, the suitability, efficiency, technique of manufacture, installation requirements, details of the item, and evidence of its compliance or noncompliance with this Contract Documents. Within five (5) calendar days after City's award of the Contract, Contractor shall submit to Project Manager or Consultant a complete list and submittal log of items for which Shop Drawings are to be submitted and shall identify the critical items and all submittal dates. Approval of this list by Project Manager or Consultant shall in no way relieve the Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. After the approval of the list of items required in above, Contractor shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show its approval thereon. Some shop drawings as either denoted in the Contract Documents or by the Florida Building Code (Code) or Florida Statute such as structural drawings, require that they be prepared by a licensed engineer. It is the sole responsibility of the Contractor to ensure that the Shop Drawings meet all Code requirements. In addition to all shop drawings required by the Contract Documents the Contractor must provided shop drawings for; all drainage structures including catch basins, drainage pipe, ballast rock, and exfiltration trench filter fabric. If the Shop Drawings show or indicate departures from the Contract Documents, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract and Documents. Project Manager or Consultant shall review and accept or reject with comments, Shop Drawings within fourteen (14) calendar days from the date received. Project Manager's or Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Shop Drawings, nor for the proper fitting and construction of the Work, nor for the furnishing of materials or Work required by the Contract Documents and not indicated on the Shop Drawings. No Work called for by Shop Drawings shall be performed until said Shop Drawings have been approved by Project Manager and/or Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's 38 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to Project Manager and/or Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear, thoroughly detailed and shall have listed on it all Contract Documents references, drawing number(s), specification section number(s) and the shop drawing numbers of related work. Shop drawings must be complete in every detail, including location of the Work. Materials, gauges, methods of fastening and spacing of fastenings, connections with other work, cutting, fitting, drilling and any and all other necessary information per standard trade practices or as required for any specific purpose shall be shown. Where professional calculations and/or certification of performance criteria of materials, systems, and or equipment are required, the Project Manager and/or Consultant are entitled to rely upon the accuracy and completeness of such calculations and certifications submitted by the Contractor. Calculations, when required, shall be submitted in a neat clear and easy format to follow. Contractor shall keep one set of Shop Drawings marked with Project Manager's and/or Consultant's approval at the job site at all times. 43. Product Data Contractor shall submit four (4) copies of product data, warranty information and operating and maintenance manuals. Each copy must be marked to identify applicable products, models, options and other data. Contractor shall supplement manufacturer's standard data to provide information unique to the Work. Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify pertinent products, with references to the specifications and the Contract Documents. Identify reference standards, performance characteristics and capacities, wiring and piping diagrams and controls, component parts, finishes, dimensions and required clearances. Contractor shall submit a draft of all product data, warranty information and operating and maintenance manuals at 50% completion of construction. 44. Samples Contractor shall submit samples to illustrate the functional characteristics of the product(s). Submittals shall be coordinated for different categories of interfacing Work. Contractor shall include identification on each sample and provide full information. 45. Record Set Contractor shall maintain in a safe place at the Project(s) site(s) one record copy and one permit set of the Contract Documents, including, but not limited to, all Drawings, Specifications, shop drawings, amendments, Change Orders, RFIs, and Field Directives, as well as all written interpretations and clarifications issued by the Project Manager or Consultant, in good order and annotated to show all changes made during construction. The record documents shall be continuously updated by Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Construction Change Directives, and Field Directives as well as all written interpretations and clarifications, and all concealed and buried installations of piping, conduit and utility services. Contractor shall certify the accuracy of the updated record documents. As a 39 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. condition precedent to City's obligation to pay Contractor, the Contractor shall provide evidence, satisfactory to the Project Manager and the Consultant, that Contractor is fulfilling its obligation to continuously update the record documents. All buried items, outside the Project(s) site(s), shall be accurately located on the record documents as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The record documents shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in red. The record documents shall be available to the City and the Consultant for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, the record documents shall be delivered to the Project Manager or Consultant by the Contractor. The Record Set of Drawing shall be submitted in both hard copy and as electronic plot files. 46. Supplemental Drawings and Instructions The Project Manager or Consultant shall have the right to approve and issue supplemental instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Documents Price or this Contract Documents Time. Project Manager or Consultant shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Contract Documents. In case of disagreement between the written and graphic portions of the Contract Documents, the written portion shall govern. 47. Contractor Furnished Drawings A Contract Documents may require the Contractor to furnish design, shop and/or as -built drawings depending on the nature and scope of the Work to be performed. The following applies to the different types of drawings. The Project Manager and/or Consultant shall, after review of the drawings, initial and mark the drawings in one of the following manners: 1. ACCEPTED - No correction required. 2. PROCEED AS CORRECTED - Minor changes or corrections identified. Work can proceed subject to re -submittal and acceptance of the drawings. 3. REVISE AND RESUBMIT- Significant changes or corrections are recommended. Submittal must be revised and resubmitted for acceptance prior to Work proceeding. 4. REJECTED - Not in accordance with the Contract and/or Contract Documents due to excessive changes or corrections or other justifiable reason. Drawings must be corrected and resubmitted prior to any Work being performed. Revisions required by the permitting jurisdiction must also be reviewed and accepted by the Project Manager or Consultant prior to resubmission to the permitting agency. Acceptance by the City shall not relieve the Contractor from responsibility for errors and omissions in the drawings. 48. Substitutions Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Consultant sufficient information is submitted by Contractor to allow City and Consultant to determine that the material or equipment proposed is equivalent or equal to that 40 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. named. Requests for review of substitute items of material and equipment will not be accepted by City and Architect or Engineer of Record from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Consultant for acceptance thereof, certifying that the proposed substitute shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Consultant in evaluating the proposed substitute. The Consultant may require the Contractor to furnish at Contractor's expense additional data about the proposed substitute. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to the Consultant, if the Contractor submits sufficient information to allow the Architect or Engineer of Record to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Consultant shall be the same as those provided herein for substitute materials and equipment. The Consultant shall be allowed a reasonable time within which to evaluate each proposed substitute. The Consultant and the City shall be the sole judges of the acceptability of any substitute. No substitute shall be ordered, installed or utilized without the City's and the Consultant's prior written acceptance which shall be evidenced by either a Change Order or an approved submittal. The City and the Consultant may require the Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. If the Consultant rejects the proposed substitute, at their discretion, the City may require the Contractor to reimburse the City for the charges of the Consultant for evaluating the proposed substitute. Contractor shall maintain sole liability and responsibility for ensuring that all substitutions and any required design of such are in full compliance with and meet all the requirements of the Contract Documents. 49. City Furnished Drawings The City, at its sole discretion, may furnish design drawings. It shall be the sole responsibility of the Contractor to bring to the immediate attention of the Project Manager and the Consultant any discrepancies between the drawings and existing conditions, excluding hidden or unforeseen conditions, discovered prior to commencing and during the Work. The Contractor shall be solely responsible for verifying the accuracy of the drawings prior to commencing the Work, and shall be responsible for any errors or revisions of the Work, which might have been avoided by notifying the City prior to commencement. This shall also apply to any revisions or omissions identified by the Contractor. The Contractor shall submit all requests for information entitled Request for Information (RFI). The City shall respond to all RFI's in writing. 41 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. The Contractor shall have no basis for any claim for additional costs resulting from their failure to identify any required revisions, omissions and/or errors, not identified in writing to the Project Manager or Consultant prior to commencing the Work. The drawings are to be addressed as a complete set and should not be used in parts. Contractor is responsible to coordinate the set of drawings with all trades to ensure that the Work will be performed correctly and coordinated among the trades. Contractor shall not scale the drawings. 50. Interpretation of Drawings and Documents Drawings and specifications are intended to be consistent, be mutually explanatory, and should be used together and not separately. During the performance of the Project(s), should any errors, omissions, conflicts, ambiguities or discrepancies be found in the drawings and/or specifications, the Project Manager or the Consultant will clarify in writing the intent of the drawings and/or specifications and the Contractor agrees to abide by the Project Manager's or Consultants interpretation and perform the Work in accordance with the decision of the Project Manager or the Consultant. In such event, the Contractor will be held to have included in its Contract Price the best materials suitable for the purpose and/or methods of construction. 51. Product and Material Testing All tests shall be performed by the Contractor, except where otherwise specifically stated in the Contract Documents. All costs for testing performed by the Contractor shall be at the Contractor's expense. The City may, in its sole and absolute discretion, test materials and products at its own cost. However, should such materials or products fail to pass the test and/or meet the requirements of the Contract Documents, the Contractor shall reimburse the City for the cost of such tests and repair or replace said materials or products. In such instances the City may deduct such cost from any payments pending to the Contractor. 52. Field Directives The Project Manager or Consultant may at times issue field directives to the Contractor based on visits to the Project(s) Site(s). Such Field Directives shall be issued in writing and the Contractor shall be required to comply with the directive. Where the Contractor believes that the directive is outside the scope of the Work, the Contractor shall, within 48 hours, notify the Project Manager or Consultant that the work is outside the scope of the Work. At that time the Field Directive may be rescinded or the Contractor may be required to submit a request for a change to the Contract. Where the Contractor is notified of the City's position that the Work is within the scope and the Contractor disagrees, the Contractor shall notify the Project Manager or Consultant that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply with the directive may result in a determination that the Contractor is in default of the Contract. 53. Changes in the Work or Contract Documents Without invalidating the Contract Documents and without notice to any Surety, City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete fully and acceptably the proposed construction of a Project in a satisfactory manner. Any extra or additional Work within the scope of the Project(s) must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 42 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto. This section shall not prohibit the issuance of Change Orders executed only by City. 54. Continuing the Work Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract price or Contract time for completion. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 55. Change Orders Changes in the quantity or character of the Work within the scope of the Project(s) which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to the Director as set forth in Article 88, Resolution of Disputes. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proce2ed with the change in the Work involved and advise the Project Manager, Consultant, and Director in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond (if applicable) are increased so that each reflects the total Contract Price as increased. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. The City reserves the right to order changes which may result in additions to or reductions from the amount, type or value of the Work shown in the Contract and which are within the general scope of the Contract Documents. Any such changes will be known as Extra Work. No Extra Work shall be performed except pursuant to written orders of the Project Manager or Consultant expressly and unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the absence of such an order, the Project Manager or Consultant may direct, order or require the Contractor to perform any Work including that which the Contractor deems to be Extra Work. The Contractor shall nevertheless comply and shall promptly and in no event after, begin the performance thereof or incur cost attributable thereto and give written notice to the Project Manager stating why he deems such Work (hereinafter "Disputed Work") to be Extra Work. Said notice is for the purposes of (1) affording an opportunity to the Project Manager to cancel such order, direction or requirements promptly; (2) affording an opportunity to the Project Manager to keep an accurate record of materials, labor and other items involved; and (3) affording an opportunity to the City to take such action as it may deem advisable in light of such disputed Work. 43 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. 56. Change Order Procedure Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract representing the reasonable cost or the reasonable financial savings related to the change in Work. Extra Work may also result in an equitable adjustment in the Contract schedule for performance for both the Extra Work and any other Work affected by the Extra Work. The City shall initiate the Extra Work procedure by a notice to Contractor outlining the proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the Contractor is required to immediately start the Extra Work. The Contractor is required to obtain permission for an extension to start the Extra Work if it is beyond the Contractor's ability to start within the allotted timeframe. The Contractor is required to provide the Project Manager with a detailed Change Proposal Request which shall include requested revisions to the Contract, including but not limited to adjustments in this Contract Price and Contract Time. The Contractor is required to provide sufficient data in support of the cost proposal demonstrating its reasonableness. In furtherance of this obligation, the City may require that the Contractor submit any or all of the following: a cost breakdown of material costs, labor costs, labor rates by trade, and Work classification and overhead rates in support of Contractor's Change Proposal Request. The Contractor's Change Proposal Request must include any schedule revisions and an explanation of the cost and schedule impact of the Extra Work on the Project(s). If the Contractor fails to notify the Project Manager or Consultant of the schedule changes associated with the Extra Work, it will be deemed to be an acknowledgment by Contractor that the proposed Extra Work will not have any scheduling consequences. The Contractor agrees the Change Proposal Request will in no event include a combined profit and overhead rate in excess of ten (10%) percent of the direct labor and material costs, unless the Project Manager determines that the complexity and risk of the Extra Work is such that an additional factor is appropriate. The Change Proposal Request may be accepted or modified by negotiations between the Contractor and the City. If an agreement on the Extra Work is reached, both parties shall execute the Extra Work order in writing via a Change Order. The execution by the Contractor of the Change Order shall serve as a release of the City from all claims and liability to the Contractor relating to, or in connection with, the Extra Work, including any impact, and any prior acts, neglect or default of the City relating to the Extra Work. Upon execution of a change order that affects the Contract Time the Contractor shall, within five (5) business days submit a revised Project schedule reflecting the changes against the baseline schedule. 57. No Oral Changes Except to the extent expressly set forth in the Contract, no change in or modification, termination or discharge of the Contract or, in any form whatsoever, shall be valid or enforceable unless it is in writing and signed by the parties charged, therewith or their duly authorized representative. 58. Value of Change Order Work The value of any Work covered by a Change Proposal Request or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: • Where the Work involved is covered by unit prices contained in the Contract, by application of unit prices to the quantities of items involved. • By mutual acceptance of a Contract unit price which Contractor and Project Manager acknowledge contains a component for overhead and profit. 44 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. • On the basis of the "cost of Work," determined as provided plus a Contractor's fee for overhead and profit, which is determined as provided in this Article. • The term "cost of Work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by the Project Manager, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized herein. Payroll costs for employees in the direct employ of Contractor in the performance of the Work described in the Change Proposal Request under schedules of job classifications agreed upon by Project Manager and Contractor. Payroll costs for employees not employed full time on the Work covered by the Change Proposal Request shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the Work after regular working hours, on Sunday or legal holidays shall be included in the above to the extent authorized by City. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. If required by the City, Contractor shall obtain competitive bids for the Change Order Work. Contractor shall deliver such competitive bids to the City who will determine which bids will be accepted. If the Subcontractor is to be paid on the basis of cost of the Work plus a fee, the Subcontractor's cost of the Work shall be determined in the same manner as Contractor's cost of the Work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. The term "cost of the Work" shall include any of the following: • Cost of special consultants, including, but not limited to, consultants, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the Work described in the Change Order. • Supplemental costs including the following: • The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work except for local travel to and from the site of the Work. • Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and 45 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. less market value of such items used but not consumed which remains the property of Contractor. • Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. • Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. • The cost of utilities, fuel and sanitary facilities at the site. • Receipt of minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. • Cost of premiums for additional bonds and insurance required because of changes in the Work. The term "cost of the Work" shall not include any of the following: ■ Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, consultants, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the agreed -upon schedule of job classifications., all of which are to be considered administrative costs covered by Contractor's fee. ■ Expenses of Contractor's principal and branch offices other than Contractor's office at the site. ■ Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. ■ Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the Work. ■ Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. ■ Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in this Article Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: ■ A mutually acceptable fixed fee or if none can be agreed upon, ■ A fee based on the following percentages of the various portions of the cost of the Work: ■ Where the Contractor self -performs the Work, Contractor's fee shall not exceed ten percent (10%). ■ Where a sub -contractor performs the Work, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the Work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and ■ No fee shall be payable for special consultants or supplemental costs. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on 46 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. Whenever the cost of any Work is to be determined pursuant to this Article, Contractor will submit in a form acceptable to Project Manager or Consultant an itemized cost breakdown together with the supporting data. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change -in -cost, Contractor shall submit an initial cost estimate acceptable to the Project Manager or Consultant. • Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. • Whenever a change involves Contractor and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and each Subcontractor shall be itemized separately. • Each Change Order must state within the body of the Change Proposal Request whether it is based upon unit price, negotiated lump sum, or "cost of the Work." 59. Extra Work Directive If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or extenuating circumstances, the City may nevertheless issue a directive to the Contractor to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Contractor shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to the Article 88, Resolution of Disputes, by furnishing a written statement to the Project Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Contractor disputes. Such dispute must relate to specific matters raised or specific matters reserved by the Contractor in its proposal and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details of the Contractor's claim including the manner that the disputed item was specified in the Contractor's proposal. During the pendency of any dispute hereunder, the Contractor must proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the Project Manager's written instructions. In the event there is a dispute as to price, the Contractor will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the Contractor's claim for an adjustment to the value of the Contract. Compensation for Extra Work in the event of the parties' inability to agree upon a mutually satisfactory price shall be as follows: ■ No payment will be made to the Contractor for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a mark-up not to exceed 10%. This will not vary, whether the Extra Work is performed by the Contractor or his subcontractor. Any exceptions must be approved by the Project Manager. "Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the Contractor as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental 47 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. for the same (including small power tools), as determined by the Project Manager; and (vi) any additional materials necessary for the performance of the Extra Work. In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the Contractor shall at the end of each day furnish to the City such documentation as the City may require to support all the costs of the Extra Work. If payments on account are desired as the Extra Work progresses, the Contractor shall render an itemized statement showing the total amount expended for each class of labor and for each kind of material on account of each item of Work as a condition precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor agreements, records or other documents showing the actual cost for labor and materials. Such documents shall not be binding on the City. The Project Manager shall determine any questions or dispute as to the correct cost of such labor or materials or plant. In case the Contractor is ordered to perform Work under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the Contractor's own employees, the Contractor will, subject to the approval of the Project Manager, be paid the actual cost to Contractor of such Work, and in addition thereto five (5%) percent to cover the Contractor's superintendence, administration and other overhead expenses. Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification or revision by representatives of the City. 60. As -Built Drawings During the Work, Contractor shall maintain records of all deviations from the Drawings and Specifications as approved by the Project Manager or Consultant and prepare two copies of As - Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the As -Built Drawings for errors and omissions prior to submittal to the City and certify in writing that the As -Built Drawings are correct and accurate, including the actual location of all internal piping, electrical/signal conduits in or below the concrete floor. Indicate the size, depth and voltage in each conduit. Legibly mark to record actual construction: On -site structures and site Work as follows: • Depths of various elements of foundation in relation to finish first floor datum. • All underground piping and ductwork with elevations and dimensions and locations of valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. Actual installed pipe material, class, etc. • Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. Air conditioning ducts with locations of dampers, access doors, fans and other items needing periodic maintenance. • Field changes in dimensions and details. • Changes made by Project Manager's or Consultant's written instructions or by Change Order. • Details not on original Contract Drawings. • Equipment, conduit, electrical panel locations. • Project Manager's or Consultant's schedule changes according to Contractor's records and shop drawings. Specifications and Addenda: Legibly mark each section to record: 48 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. ■ Manufacturer, trade name, catalog number and Supplier of each product and item of equipment actually installed. ■ Changes made by Project Manager's or Consultant's written instructions or by Change Order. Approved Shop Drawings: Provide record copies for each process equipment, piping, electrical system and instrumentation system. As -built documents shall be updated monthly as a condition precedent to payment. For construction of new building, or building additions, field improvements, and or roadway improvements as -built drawings signed and sealed by a Florida licensed Registered Land Surveyor. In addition, for projects which involve roadwork and drainage, Contractor shall provide complete as -built information relative to location, size, and depth of new pipes, manholes, inlets, etc. Identify grading; include locations of fittings, valves, fire hydrants, changing in pipe materials, water sampling points, thrust blocks, benchmarks, etc. The information shall be accurately recorded by the Contractor and submitted (signed and sealed by a Florida Certified P.L.S.) to the City of Miami prior final acceptance of the Work. All recorded information on existing utility crossing encountered during construction, included but not limited to pipes, inlets, manholes, etc., shall be recorded by a Florida Registered Surveyor and shown on the record drawings. The Project's as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all new and/or existing vacuum cleaned drainage system openings (i.e. catch basins, inlets, manholes, etc.) 61. 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. 62. Removal of Unsatisfactory Personnel The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any or Sub -Contractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Contract Documents. The Contractor shall respond to the City within seven (7) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The City shall make the final determination as to the removal of unsatisfactory personnel from Work assigned by City. The Contractor agrees that the removal of any of its employees does not require the termination or demotion of employee(s). 63. Substantial Completion, Punch List & Final Completion The Work shall be substantially complete when the Project Manager, in the reasonable exercise of his/her discretion determines that the Work is complete and there are no material and/or substantial variations from the Contract Documents and the Work is fit for its intended purpose. Upon Substantial Completion, the Project Manager and the Contractor shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the Contractor from its obligation to complete the Project. When the Contractor believes that the Work is substantially complete, the Contractor shall request in writing that the Project Manager or Consultant inspect the Work to determine if 49 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Contractor has obtained a Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from agencies having jurisdiction over the Work. The Project Manager or Consultant shall schedule the date and time for any inspection and notify the Contractor and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The Punch List shall be signed by the Project Manager and/or Consultant, and the Contractor confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Contractor to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Contractor from complying with the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City Where the Punch List is limited to minor omissions and defects, the Project Manager shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the Project Manager or Consultant determines, on the appropriate form that the Work is not substantially complete, the Project Manager or Consultant shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Contractor shall request another Substantial Completion inspection. The Project Manager or Consultant, and the Contractor shall agree on the time reasonably required to complete all remaining Work included in the Punch List. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the Project Manager or Consultant shall notify the Contractor in writing of the closeout of the Project. The City will prepare a Certificate of Substantial Completion in the form which shall establish the Date of Substantial Completion. Once substantial completion is achieved the City shall be responsible for security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective Work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Final Acceptance completion of the Work or designated portion thereof unless otherwise provided in the Contract Documents. 64. Acceptance and Final Payment Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Project Manager and/or Consultant shall, within ten (10) calendar days, make an inspection thereof. If Project Manager and/or Consultant find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate for Payment shall be issued by Project Manager, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. Before issuance of the Final Certificate for Payment, Contractor shall deliver to the Project Manager or Consultant a final release of all liens arising out of the Contract Documents, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as -built drawings; operations and maintenance data, and the final bill of materials, if required, and payment application. Contractor shall deliver 50 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. the written Contractor's and all Manufacturer's warranties prior to issuance of the Final Certificate for Payment. If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor, and Project Manager or Consultant so certifies, City shall, upon such certification of Consultant, and without terminating the Contract Documents, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the Contract and identified by Contractor as unsettled at the time of the application for final payment. 65. NDPES Requirements Contractor shall comply with the State of Florida rules and regulations for the National Pollutant Discharge Elimination System (NPDES) including but not limited to all permitting, Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for NPDES and SWPPP shall be included in the Bid prices. For further information on compliance requirements for NPDES and SWPPP contact the City of Miami Public Works Department at (305) 416-1200 or visit the State of Florida website at http://www.dep.state.fl.us/water/stormwater/npdes/. Contractor is responsible for obtaining, completing and paying for any required NPDES application or permits that may be required. 66. Force Maieure 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, then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. If the Contractor is delayed in performing any obligation under the Contract Documents due to a force majeure condition, the Contractor shall request a time extension from the City within two (2) working days of said force majeure occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Contractor for extra compensation unless additional services are required. Do Not Include inclement weather except as permitted by Florida law and may not include the acts or omissions of Sub- contractors. 67. Extension of Time Any reference in this section to the Contractor shall be deemed to include suppliers, and permitted Sub -Contractors, whether or not in privities of contract with the Contractor for the purpose of this article. If the Contractor is delayed at any time during the progress of the Work beyond the Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by a Force Majeure, then the Contract Time set forth in the Contract shall be extended by the City subject to the following conditions: • The cause of the delay arises after issuance of the NTP and could not have been anticipated by the Contractor by reasonable investigation before proceeding with the Work; • The Contractor demonstrates that the completion of the Work will be actually and necessarily delayed; 51 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. • The effect of such cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts and measures whether before or after the occurrence of the cause of delay. Note: A delay meeting all the conditions of the above, shall be deemed an Excusable Delay. The City reserves the right to rescind or shorten any extension previously granted if subsequently, the Project Manager determines that any information provided by the Contractor in support of a request for an extension of time was erroneous; provided however, that such information or facts, if known, would have resulted in a denial of the request for an Excusable Delay. Notwithstanding the above, the Project Manager will not rescind or shorten any extension previously granted if the Contractor acted in reliance upon the granting of such extension and such extension was based on information which, although later found to have been erroneous, was submitted in good faith by the Contractor. The request for an Excusable Delay shall be made within ten (10) calendar days after the time when the Contractor knows or should have known of any cause for which it may claim an extension of time and shall provide any actual or potential basis for an extension of time, identifying such causes and describing, as fully as practicable at that time, the nature and expected duration of the delay and its effect on the completion of that part of the Work identified in the request. The Project Manager may require the Contractor to furnish such additional information or documentation, as the Project Manager shall reasonably deem necessary or helpful in considering the requested extension. The Contractor shall not be entitled to an extension of time unless the Contractor affirmatively demonstrates that it is entitled to such extension. The Project Manager shall endeavor to review and respond to the Contractor's request for Excusable Delays in a reasonable period of time; however, the Contractor shall be obligated to continue to perform the Work required regardless of whether the Project Manager has issued a decision or whether the Contractor agrees or disagrees with that decision. With regard to an injunction, strike or interference of public origin which may delay the Project, the Contractor shall promptly give the Project Manager a copy of the injunction or other orders and copies of the papers upon which the same shall have been granted. The City shall be afforded the right to intervene and become a party to any suit or proceeding in which any such injunction shall be obtained and move to dissolve the same or otherwise, as the City may deem proper. The permitting of the Contractor to proceed with the Work subsequent to the date specified in the Contract (as such date may have been extended by a change order), the making of any payment to the Contractor, the issuance of any Change Order, shall not waiver the City's rights under the Contract, including but not limited to the assessment of liquidated damages or declaring Contractor in default. 68. Notification of Claim Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the Project Manager and to Consultant within ten (10) business days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless the Project Manager or Consultant allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the 52 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by the Project Manager or Consultant in accordance with Article 70, No Damages for Delay, if City and Contractor cannot otherwise agree. It is expressly and specifically agreed that any and all claims for changes to the Contract time or Contract price shall be waived if not submitted in strict accordance with the requirements of this Article. The Contract time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as provided in this Article. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by City, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 69. Extension of Time not Cumulative In case the Contractor shall be delayed for any period of time by two or more of the causes mentioned in Article 71, Excusable Delays, Non-Compensable, the Contractor shall not be entitled to a separate extension for each one of the causes; only one (1) period of extension shall be granted for the delay. 70. No Damages for Delav No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City or its Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract Time for completion of the Work as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. NO EXCEPTIONS. Except as may be otherwise specifically provided for in the Contract Documents, the Contractor agrees to make no claim for damages for delay of any kind in the performance of the Contract Documents whether occasioned by any act or omission of the City or any of its representatives (whether it is an Excusable Delay or otherwise) and the Contractor agrees that any such claim shall be compensated solely by an extension of time to complete performance of the Work. In this regard, the Contractor alone hereby specifically assumes the risk of such delays, including without limitation: delays in processing or approving shop drawings, samples or other submittals or the failure to render determinations, approvals, replies, inspections or tests of the Work, in a timely manner. Contractor shall not receive monetary compensation for City delay. Time extensions may be authorized, in writing, by the City in certain situations. 71. Excusable Delay, Non-Compensable Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant. Then Contractor shall be entitled only to a time extension and no compensation for the delay. 53 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Contractor is entitled to a time extension of the Contract time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 68, Notification of Claim, hereof. Failure of Contractor to comply with Article 68, Notification of Claim hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. 72. Lines and Grades The Contractor shall, at its own expense, establish all working and construction lines and grades as required from the Project control points set by the City, and shall be solely responsible for the accuracy thereof. All work along the entire project shall be located and constructed using the roadway base/center line as reference. All elevations shown therein are in feet. 73. Defective Work Project Manager or Consultant shall have the authority to reject or disapprove Work which Project Manager or Consultant finds to be defective. If required by Project Manager or Consultant, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and person nel. Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Project Manager or Consultant, City shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor, or may be charged against the Performance Bond,. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. If, within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 74. Acceptance of Defective or Non -Conforming Work The City, in its sole discretion, may elect in writing to accept defective or non -conforming Work instead of requiring its removal and correction. In such instances, a Change Order will be issued to reflect an appropriate reduction in the Contract sum, or, if the amount is determined after final payment, any difference in the amount shall be paid to the City by the Contractor. 75. Uncovering Finished Work The Project Manager's, Inspector's and/or Consultant's right to make inspections shall include the right to order the Contractor to uncover or take down portions of finished Work. The Project 54 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Manager /or Consultant shall notify the Contractor in writing concerning all uncovered finished Work. Should the Work prove to be in accordance with the Contract Documents, the uncovering or taking down and the replacing and the restoration of the parts removed will be treated as Extra Work for the purpose of computing additional compensation and an extension of time. Should the Work examined prove unsatisfactory, such uncovering, taking down, replacing and restoration shall be at the expense of the Contractor. Such expenses shall also include repayment to the City for any and all expenses or costs incurred by it, including employee salaries or related cost, in connection with such uncovering, taking down, replacing and restoration at the Project site. 76. Correction of Work The Contractor shall promptly correct all Work rejected by the Project Manager or Consultant as defective or as failing to conform to the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all cost of correcting such rejected Work, including the cost of the City's additional services thereby made necessary. The Contractor further agrees that after being notified in writing by the Project Manager or Consultant of any Work not in accordance with the requirements of the Contract Documents or any defects in the Work, the Contractor will commence and prosecute with due diligence all Work necessary to fulfill the terms of the Contract and to complete the Work within a reasonable period of time, as determined by the Project Manager or Consultant, and in the event of failure to so comply, the Contractor does hereby authorize the City to proceed to have such Work done at the Contractor's expense and that the Contractor will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of personnel, property, or licensees, the City may undertake, at the Contractor's expense, without prior notice, all Work necessary to correct such hazardous condition when it was caused by Work of the Contractor not being in accordance with the requirements of the Contract. If, within one (1) year after the date of final completion of the Project or within such longer period(s) of time as may be prescribed by law, by the Contract Documents, or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do so. The City shall give such notice promptly after discovery of the condition. All such defective or non -conforming Work shall be removed from the site if necessary and the Work shall be corrected to comply with the Contract Documents without cost to the City. 77. Maintenance of Traffic and Public Streets Scope of Work The Contractor shall be responsible for the maintenance of public streets and traffic control necessary to perform the Work under the Contract Documents. The cost of traffic control shall be included in the Contractor's Bid. Regulations As used herein, any reference to Miami -Dade County, its departments, or its published regulations, permits and data, shall be synonymous and interchangeable with other recognized governing bodies over particular areas or streets, or their departments, published regulations (i.e., Manual of Uniform Traffic Control Devices (MUTCD), FDOT Roadway and Bridge Standard Index Drawing Book), permits or data. The Contractor 55 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. shall abide by all applicable laws, regulations, and codes thereof pertaining to Maintenance of Traffic (MOT) on public streets, detour of traffic, traffic control and other provisions as may be required for this Project. Maintenance of Traffic (MOT) • The Contractor shall be fully responsible for the MOT on public streets, detour of traffic (including furnishing and maintaining regulatory and informative signs along the detour route), traffic control, and other provisions, throughout the Project, as required by the Manual of Uniform Traffic Control Devices (MUTCD), and FDOT Roadway and Bridge Standard Index drawing Book. Traffic shall be maintained according to corresponding typical traffic control details as outlined in the previous noted standards. No street shall be completely blocked, nor blocked more than one-half at any time, keeping the other one-half open for traffic, without specific approval. • If required by the Project Manager or Consultant, Traffic Division or FDOT or as otherwise authorized by the Project Manager or Consultant, the Contractor shall make arrangements for the employment of uniformed off -duty policemen to maintain and regulate the flow of traffic through the work area. The number of men required and the number of hours on duty necessary for the maintenance and regulation of traffic flow shall be provided by the City of Miami Police Department. • The Contractor shall provide all barricades with warning lights, necessary arrow boards and signs, to warn motorists of the Work throughout the Project. Adequate approved devices shall be erected and maintained by the Contractor to detour traffic. • Excavated or other material stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. The Contractor shall provide necessary access to all adjacent property during construction. • The Contractor shall be responsible for the provision, installation and maintenance of all MOT and safety devices, in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and FDOT Roadway and Bridge Standards index drawing book. In addition, the Contractor shall be responsible for providing the Consultant with MOT plans for lane closures and/or detours for approval. These plans (sketches) shall be produced, signed and sealed by a professional Engineer registered in the State of Florida, employed by the Contractor and certified under FDOT Procedure NPIL No. 625-010- 010. • Where excavations are to be made in the vicinity of signalized intersections, attention is directed to the fact that vehicle loop detectors may have been embedded in the pavement. Verify these locations by inspecting the site of the Work and by contacting the Sunshine State One -Call Center (1-800-432-4770), 48 hours prior to any excavation. Any loop detector which is damaged, whether shown on the Plans or not, shall be repaired or replaced to the satisfaction of the Miami Dade County Signs and Signal Division (Phone No. 305-592-3470). • Where applicable, the Contractor shall notify the Traffic Division 24 hours in advance of the construction date or 48 hours in advance of construction within any signalized intersection. • Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be routed over swale or median areas. When the temporary pavement for routing traffic is no longer necessary, it shall be removed and the swale or median areas restored to their previous condition. 56 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. • Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. Maintenance of Traffic for Bypass Pumping • The Contractor shall take appropriate steps to ensure that all temporary pumps, piping and hoses are protected from vehicular traffic and pedestrian traffic. Lane Closures • Where construction of the Project shall involve lane closures public streets, the following shall apply: • Lane closures require a Lane Closure Permit, obtained two weeks prior to planned construction, with a minimum 48-hour prior notice to local police and emergency departments (some police jurisdictions may require considerably more notice). Lane closures of a one day or less duration will generally not be approved for major collector streets or for arterial streets during the hours of 7am to 9am and 4pm to 6pm weekdays. 78. Location and Damage to Existing Facilities, Equipment or Utilities As far as possible, all existing utility lines in the Project(s) area(s) will be shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor's responsibility to field verify all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. The Contractor shall notify each utility company involved at least fourteen (14) calendar days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. The Contractor shall schedule the Work in such a manner that the Work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling 79. Stop Work Order The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the Work for a period of up to ninety (90) days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, and for any further period to which the parties may agree. Any such order shall be specifically identified as 57 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed the City shall either: • Cancel the Stop Work Order; or • Terminate the Work covered by such order as provided in Article 89, Termination for Convenience. If a Stop Work Order issued under this Article is canceled or the period of the order or any extension thereof expires, the Contractor shall resume the Work without compensation to the Contractor for such suspension other than extending the time for Substantial Completion to the extent that, in the opinion of the Project Manager or Consultant, the Contractor may have been delayed by such suspension. In the event the Project Manager or Consultant determines that the suspension of Work was necessary due to Contractor's defective or incorrect Work, unsafe Work conditions caused by the Contractor or any other reason caused by Contractor's fault or omission, the Contractor shall not be entitled to an extension of time as a result of the issuance of a Stop Work Order. 80. Hurricane Preparedness During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the Project Manager or Consultant has given notice of same. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract time as non-compensable, excusable delay, and shall not give rise to a claim for compensable delay. 81. Use of Completed Portions City shall have the right, at its sole option, to take possession of and use any completed or partially completed portions of the Project(s). Such possession and use shall not be deemed an acceptance or beneficial use or occupancy of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by Project Manager or Consultant. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: • City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. • Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion from Project Manager or Consultant. • Upon Project Manager or Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area. • Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by Project Manager or Consultant on the Certificate of 58 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Substantial Completion, as specified in the Punch List and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Project Manager or Consultant shall issue a Certificate of Final Payment relative to the occupied area. • If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 82. Cleaning Up; City's Right to Clean Up Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. No fill or clearing stockpiles to remain on site for more than 24 hours. At the completion of a Project(s), Contractor shall remove all its waste materials and rubbish from and about the Project(s) as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as the Project Manager and/or Consultant shall determine to be just. All combustible waste materials shall be removed from the Project(s) at the end of each day. Cleaning operations should be controlled to limit dust and other particles adhering to existing surfaces. 83. Removal of Equipment In case of termination of this Contract before completion for any cause whatsoever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City. If the Contractor does not comply with City's order, the City shall have the right to remove such equipment and supplies at the expense of Contractor. 84. Set -offs, Withholdings and Deductions The City may set-off, deduct or withhold from any payment due the Contractor, such sums as may be specifically allowed in the Contract or by applicable law including, without limitation, the following: • Any amount of any claim by a third party; • Any Liquidated Damages, and/or; • Any unpaid legally enforceable debt owed by the Contractor to the City. The City shall notify the Contractor in writing of any such withholdings. Any withholding, which is ultimately held to have been wrongful, shall be paid to the Contractor in accordance with the Local Government Prompt Payment Act 85. Event of Default An event of default shall mean a breach of the Contract or by the Contractor. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include but not limited to, the following: • The Contractor has not performed the Work in a timely manner; 59 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. • The Contractor has refused or failed, except in the case for which an extension of time is provided, to supply properly skilled staff or provided sufficient quantities of staff to perform the Work; • The Contractor has failed to make prompt payment to subcontractors or suppliers for any services or materials they have provided; • The Contractor has become insolvent or has assigned the proceeds received for the benefit of the Contractor's creditors, or the Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the Contractor's affairs have been put in the hands of a receiver; • The Contractor has failed to obtain the approval of the City where required by the Contract; • The Contractor has failed in the representation of any warranties stated herein; • When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Contractor's ability to perform the Work, the City shall notify the Contractor in writing that it must, within the time frame set forth in the City's request, provide adequate assurances and a plan of action to the City, in writing, of the Contractor's ability to perform in accordance with the terms of the Contract Documents. In the event that the Contractor fails to provide to the City the requested assurances within the prescribed time frame, the City may: o Treat such failure as a repudiation of the Contract and/or; o Resort to any remedy for breach provided herein or by law, including but not limited to, taking over the performance of the Work or any part thereof either by itself or through others. • In the event the City may, at its sole discretion terminate the Contract for default, the City or its designated representatives may immediately take possession of all applicable documentation and data. • Where the City erroneously terminates the Contract or for default, the terminations shall be converted to a Termination for Convenience, and the Contractor shall have no further recourse of any nature for wrongful termination. 86. Notice of Default -Opportunity to Cure In the event that the City determines that the Contractor is in default of their obligations under the Contract, the City may at its sole discretion notify the Contractor, specifying the basis for such default, and advising the Contractor that such default must be cured within a specified time frame or the Contract with the City may be terminated. The City is under no obligation to issue such notification. The City may grant an extension to the cure period if the City deems it appropriate and in the best interest of the City, without waiver of any of the City's rights hereunder. The City, at its sole discretion, may have a default corrected by its own forces or another contractor and any such costs incurred will be deducted from any sums due the Contractor under any contract with the City. 87. Termination for Default If Contractor fails to comply with any term or condition of the Contract Documents, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default hereunder which is not cured within the time specified to cure the default if one has been granted by the City, the Director in addition to all remedies available to it by law, may immediately, upon written notice to Contractor, terminate this Contract whereupon any advances for which Work has not been performed, paid by the City to Contractor while Contractor was in default shall be immediately returned to the City. The Director may also suspend any payment or part thereof or order a Work stoppage until such time as the issues concerning compliance are resolved. Contractor understands and agrees that termination of 60 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. this Contract under this Article shall not release Contractor from any obligation accruing prior to the effective date of termination. A finding of default and subsequent termination for cause may include, without limitation, any of the following: • Contractor fails to obtain the insurance or bonding herein required by the Contract. • Contractor fails to comply with any of its duties under the Contract Documents, with any terms or conditions set forth in this Contract, beyond any specified period allowed to cure such default. • Contractor fails to commence the Work within the timeframes provided or contemplated herein, or fails to complete the Work in a timely manner as required by the Contract. If this Contract is terminated for default and the City has satisfied its obligations under the Contract Documents the City is granted by the Contractor full use of the Work and any Work Product in connection with the City's completion and occupancy of the Project. Where it has been determined that the Contractor has been erroneously terminated under this Article, such termination shall be deemed to have been occurred under Article 89, Termination for Convenience. The City in its sole discretion may terminate the Contract without providing the Contractor a written notice to cure. 88. Remedies in the Event of Termination for Default If a Termination for Default occurs, the Contractor (and the bond provider, if applicable) shall be notified of the effective date of the termination and shall be liable for all damages resulting from the default, including but not limited to re -procurement costs and other direct damages The Contractor shall stop Work as of the date of notification of the termination and immediately remove all labor, equipment and materials (not owned or paid for by the City) from the Work Site. The City assumes no liability for the Contractor's failure to remove such items from the Project(s) site(s) as required. The Contractor shall also remain liable for any liabilities and claims related to the Contractor's default. As an alternative to termination, the City may bring suit or proceedings for specific performance or for an injunction 89. Termination for Convenience In addition to cancellation or termination as otherwise provided for in the Contract, the City may at any time, in its sole discretion, with or without cause, terminate the Contract by written notice to the Contractor. Such Written Notice shall state the date upon which Contractor shall cease all Work under the Contract and vacate the Project(s) site(s). The Contractor shall, upon receipt of such notice, unless otherwise directed by the City: • Stop all Work on the Project(s) on the date specified in the notice ("the Effective Date"); • Take such action as may be necessary for the protection and preservation of the City's materials and property; • Cancel all cancelable orders for materials and equipment; • Assign to the City and deliver to the site, or any other location specified by the Project Manager, any non -cancelable orders for materials and equipment that can not otherwise be used except for Work under the Contract and have been specifically fabricated for the sole purpose of the Work and not incorporated in the Work; 61 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. • Take no action that shall increase the amounts payable by the City under the Contract Documents; and • Take reasonable measures to mitigate the City's liability under the Contract Documents. • All charts, sketches, studies, drawings, reports and other documents, including electronic documents, related to Work authorized under the Contract, whether finished or not, must be turned over to the City. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by Contractor until all documentation is delivered to the City. In the event that the City exercises its right to terminate the Contract pursuant to the Contract Documents, the City will pay the Contractor: • For the actual cost or the fair and reasonable value, whichever is less, of (1) the portion of the Project(s) completed in accordance with the Contract through the completion date, and (2) non -cancelable material(s) and equipment that is not of any use to the City except in the performance of the Contract, and has been specifically fabricated for the sole purpose of the Contract but not incorporated in the Work; and • To the extent practical, the fair and reasonable value shall be based on the price established as a result of the Contract. In no event, shall any payments under this Paragraph exceed the maximum cost set forth in the Contract. • The amount due hereunder may be offset by all payments made to the Contractor. • All payments pursuant to this Article shall be accepted by the Contractor in full satisfaction of all claims against the City arising out of the termination including, further, the City may deduct or set off against any sums due and payable under this Article any claims it may have against the Contractor. • Contractor shall not be entitled to lost profits, overhead or consequential damages as a result of a Termination for Convenience. • All payments made under the Contract are subject to audit Upon the City's payment in full of the amounts due the Contractor under this Article the Contractor grants the City full use of the Work and any Work Product to complete the Project and subsequently occupy the Project. 90. Resolution of Disputes Contractor understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Contractor to notify the Project Manager in writing of the claim or dispute and submit a copy to the City of Miami personnel identified in Article 4, Notices. Should the Contractor and the Project Manager fail to resolve the dispute the Contractor shall submit their dispute in writing, with all supporting documentation, to the Assistant Director - Contracts, as identified in Article 4, Notices. Upon receipt of said notification the Assistant Director -Contracts shall review the issues relative to the claim or dispute and issue a written finding. Should the Contractor and the Assistant Director -Contracts fail to resolve the dispute the Contractor shall submit their dispute in writing within five (5) calendar days to the Director. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Upon receipt of said notification the Director shall review the issues relative to the claim or dispute and issue a written finding. 62 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Contractor must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Appeal to the City Manager for his/her resolution, is required prior to Contractor being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $100,000, the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if applicable, or (ii) a period of sixty (60) days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) days has expired where City Manager's decision is subject to City Commission for approval; or (iii) City has waived compliance with the procedure set forth in this Article by written instrument(s) signed by the City Manager. In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within fourteen (14) calendar days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract price or Contract time adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) calendar days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 91. Mediation -Waiver of Jury Trial In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the construction of a Project(s), and/or following the completion of the Project(s), the parties to this Contract agree all unresolved disputes between them shall be submitted to non- binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to include such similar contract provisions with all Sub -Contractors retained for the Work, thereby providing for non -binding mediation as the primary mechanism for dispute resolution. In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Contract. 92. City May Avail Itself of All Remedies The City may avail itself of each and every remedy herein specifically given to it now or existing at law or in equity, and each and every such remedy shall be in addition to every other remedy so specifically given or otherwise so existing and may be exercised from time to time and as often and in such order as may be deemed expedient by the City. The exercise or the beginning of the exercise, of one remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy. The City's rights and remedies as set forth 63 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. in the Contract Documents are not exclusive and are in addition to any other rights and remedies in law or in equity. 93. Permits, Licenses and Impact Fees All applicable permit fees, including those assessed by the City, are the responsibility of the Contractor. That includes also any other permit fees not directly related to the actual construction of the Project(s), including but not limited to, licenses, permits and fees, such as Permits for dumpsters, job trailers, etc., which may be required by Miami -Dade County, the State of Florida, or other governmental entities. Except as otherwise provided within the Contract Documents, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to the Contract Documents shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project(s) for whom a Certificate of Competency is required. Impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the public entity as evidenced by an invoice or other acceptable documentation issued by the public entity. Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY (e.g. Building Department's Fees such as, Master Permit, Major Trades, Mechanical, Electrical, and Plumbing Fees; Public Works Fees, such as Line and Grade, Excavation, Dewatering and NPDES Fees, and Zoning Department's Fees) by virtue of this construction as part of the Contract shall be reimbursed to the Contractor by the City through an Allowance Account set for herein, evidenced by an invoice or other acceptable documentation issued by the public entity. Permit Fees reimbursement to Contractor shall be for the actual amount and in no event shall include profit or overhead of Contractor. Permit fees related the Contractor's operations (e.g. permits for dumpsters, job trailers, etc.) are not reimbursable. 94. Compliance with Applicable Laws All work shall be constructed in accordance with the latest edition of the City of Miami's contract documents and specifications, the City of Miami's Standards for Design and Construction as well as the Miami -Dade County's Standard Details, and the 2007 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction. The Contractor shall comply with the most recent editions and requirements of all applicable laws, regulations, building and construction codes of the Federal government, the State of Florida, the County, and the City. The attention of the Contractor is directed to the requirements of the Florida Building Code and the Codes of Miami -Dade County and the City of Miami, Florida, governing the qualifications for Contractor and Sub -Contractor doing business anywhere in the City. 95. Independent Contractor The Contractor is engaged as an independent business and agrees to perform Work as an independent contractor. In accordance with the status of an independent contractor, the Contractor covenants and agrees that the Contractor will conduct business in a manner consistent with that status, that the Contractor will not claim to be an officer or employee of the 64 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. City for any right or privilege applicable to an officer or employee of the City, including, but not limited to: worker's compensation coverage; unemployment insurance benefits; social security coverage; retirement membership, or credit. The Contractor's staff shall not be employees of the City, and the Contractor alone shall be responsible for their Work, the direction thereof, and their compensation and benefits of any kind. Nothing in the Contract shall impose any liability or duty on the City on account of the Contractor's acts, omissions, liabilities or obligations of those of any person, firm, company, agency association, corporation, or organization engaged by the Contractor as a subcontractor, expert, consultant, independent contractors, specialist, trainee, employee, servant or agent or for taxes of any nature, including, but not limited to: unemployment insurance; worker's compensation and anti -discrimination, or workplace legislation of any kind. The Contractor hereby agrees to indemnify and hold harmless the City against any such liabilities, even if they arise from actions directed or taken by the City. 96. Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract 97. Successors and Assigns The performance of this Contract shall not be transferred pledged, sold, delegated or assigned, in whole or in part, by the Contractor without the written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. Any transference without City approval shall be cause for the City to nullify this Contract. Any assignment without the City's consent shall be null and void. The Contractor shall have no recourse from such cancellation. The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/ assumption agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Contractor and the City each binds one another, their partners, successors, legal representatives and authorized assigns to the other party of this Contract and to the partners, successors, legal representatives and assigns of such party in respect to all covenants of this Agreement. 98. Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in this Contract Documents is substantial and important to the formation of the Contract Documents and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of the Contract Documents. A waiver of any breach of a provision of the Contract Documents shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Contract Documents. 99. Severability 65 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. In the event the any provision of the Contract Documents is determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this Contract, and the remainder of the Contract Documents shall continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely affect the rights of either party, such party may elect, at its option, to terminate the Contract in its entirety. An election to terminate the Contract based upon this provision shall be made within seven (7) calendar days after the finding by the court becomes final. 100. Applicable Law and Venue of Litigation This Contract will be interpreted under the laws of the State of Florida which will apply regardless of choice of law principles. This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. The parties waive any objections to venue. 101. Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City Manager, Director or designee. 102. Entire Agreement The Contract Documents, as they may be amended from time to time, represent the entire and integrated Contract between the City and the Contractor and supersede all prior negotiations, representations or agreements, written or oral. This Contract may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of the Contract Documents shall not be deemed to be a waiver of any other breach of any provision of the Contract Documents. 103. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under the Contract Documents shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 104. Evaluation Contractor acknowledges that upon completion of the Work under the Contract Documents and/or at any other time deemed appropriate by the City a performance evaluation report will be completed by the City. A copy of each performance evaluation shall also be forwarded to the Contractor. The performance evaluations will be kept in City files for evaluation on future solicitations. 66 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. 105. Commodities manufactured, grown or produced in the City of Miami, Miami -Dade County and the State of Florida Whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida shall be given preference. 106. Royalties and Patents All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. 107. Continuation of the Work Any Work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the City and the involved contractor, continue until completion at the same prices, terms and conditions. 108. Public Records City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project(s), and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to a Project(s) and to any claim for additional compensation made by Contractor including but not limited to all payroll records, invoices for materials, and books of accounts. Such records shall conform to Generally Accepted Accounting Principles requirements (GAAP), and shall only address those transactions related to the Contract. Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with such statute. Otherwise Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project(s) and to any claim for a period of five (5) years following Final Completion of the Project(s). Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; (5) all electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. The Contractor agrees to maintain an accounting system that provides for accounting records that are supported with adequate documentation and adequate procedures for determining allowable costs. Contractors shall develop the proper forms and reports acceptable to the City for the administration and management of the Contract Documents. 67 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. 109. No Interest Any monies not paid by City when claimed to be due to Contractor under the Contract Documents, including, but not limited to, any and all claims for damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid and proper invoices. 110. Payments Related to Guaranteed Obligations The City may withhold from any payments to be made such sums as may reasonably be necessary to ensure completion of the Project(s) with respect to defective Work, equipment or materials which may be identified by the Project Manager. The City may deduct from any payment due the Contractor an amount equal to its cost incurred on account of the Contractor's failure to fully perform its obligations under the Contract. The Project Manager, prior to withholding or deducting any monies hereunder, shall give the Contractor notice of the defective Work, equipment or material and the basis for the withholding or deduction. Upon the Project Manager's determination that the Contractor has fulfilled its obligations, the City will pay the Contractor any monies owed, subject to Contractor's submission of, or compliance with, any remaining documentation or obligation, as the case may be, in accordance with the Contract Documents. 111. Consent of City Required for Subletting or Assignment If the Contractor assigns, transfers, sublets or otherwise disposes of the Contract or its right, title or interest in or to the same or any part thereof without the previous consent in writing of the City, such action shall be an Event of Default. Nothing herein shall either restrict the right of the Contractor to assign monies due to, or to become due or be construed to hinder, prevent or affect any assignment by the Contractor for the benefit of its creditors, made pursuant to applicable law. 112. Agreement Limiting Time in Which to Bring Action Against the City In the event the Contractor may be deemed to have a cause of action against the City, no action shall lie or be maintained by the Contractor against the City upon any claim arising out of or based upon the Contract Documents by reason of any act or omission or requirement of the City or its agents, unless such action shall be commenced within six (6) months after the date of issuance of a final payment under the Contract, or if final payment has not been issued within six (6) months of substantial completion of the Work or upon any claim relating to monies required to be retained for any period after the issuance of the said certificate, unless such action is commenced within six (6) months after such monies become due and payable under the terms of the Contract Documents, or if the Contract is terminated or declared abandoned under the provisions of the Contract unless such action is commenced within six (6) months after the date of such termination or declaration of abandonment by the City. 113. Defense of Claims Should any claim be made or any legal action brought in any way relating hereto or to the Work hereunder, except as expressly provided herein, the Contractor shall diligently render to the City, any and all legal, professional, expert technical and trade related assistance as is required by the Contract Documents, including the Indemnity provision, which the City may require of the Contractor. 68 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. 114. Contingency Clause Funding for this Contract is contingent on the availability of funds and continued authorization for program activities and the Contract is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 115. Mutual Obligations This document, change order, field directive, and written clarifications issued under the Contract, and the Contractor's submittals, shall constitute the Contract Documents between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereto unless acknowledged in writing by their duly authorized representatives. Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any third party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control) to a party. In those situations where the Contract Documents imposes an indemnity obligation on the Contractor, the City, may at its expense, elect to participate in the defense of the claim if the City should so choose. Furthermore, the City may, at its own expense, defend or settle any such claim if the Contractor fails to diligently defend such claim, and thereafter seek indemnity for such cost from the Contractor. 116. Contract Extension The City reserves the right to exercise its option to extend the Contract for up to ninety (90) calendar days beyond the original Contract period. In such event, the City will notify the Contractors in writing of such extensions. 117. Non -Exclusivity It is the intent of the City to enter into a Contract with all successful Bidders that will satisfy its needs as described herein. However, the City reserves the right, as deemed in its best interest, to perform, or cause to be performed, the Work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to: award of other contracts, use of any contractor, or perform the Work with its own employees. 118. Nature of the Agreement The Contractor shall provide the services set forth in the Contract Documents. The Contractor shall provide full and prompt cooperation with the City in all aspects of the Work to be performed. The Contractor acknowledges that the Contract Documents require the performance of all things necessary for or incidental to the effective management and performance of a Project(s). All things not expressly mentioned in the Contract Documents, but necessary to carrying out its intent are required by the Contract Documents, and the Contractor shall perform the same as though they were specifically mentioned, described and delineated. The Contractor shall furnish all labor, materials, tools, supplies and other items required for the completion of the Contract. All Work shall be accomplished at the direction of and to the satisfaction of the Project Manager. 119. Contract Documents Contain all Terms The Contract Documents and all documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or 69 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. otherwise, regarding the subject matter of the Contract Documents shall be deemed to exist or to bind any of the parties hereto, or to vary any of the terms contained herein. 120. Survival The parties acknowledge that any of the obligations in the Contract Documents will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Contractor and the City under the Contract, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration thereof. 121. Disclosure of State Funding, if applicable. If State funds are being used by the City to pay for this work, The City document whether payment will come from funds appropriated by the state and, if known, the amount of such funds or the percentage of such funds as compared to the anticipated total cost of the personal property or construction services. 70 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Section 3 - Supplemental Terms and Conditions 1. Contract Time & Hours The Contractor shall furnish all labor, materials, equipment, tools, services, and incidentals to complete all Work at a rate of progress that will ensure completion of the Work within the Contract Time. Contractor shall have One Hundred (100) calendar days to achieve Substantial Completion from the date that the Notice to Proceed is issued. However, in the event that one or more of the five (5) component projects is eliminated from the Project's scope, the time to achieve Substantial Completion will be further adjusted. Contractor shall have an additional Thirty (30) calendar days for Final Completion of the Contract. Work shall be performed Monday through Friday from 8:00 am to 6:00pm. Any Work to be performed outside of these times must be requested in writing to the Project Manager 48 hours prior to the requested change. The Project Manager will notify the Contractor in writing of any changes in approved Work hours. 2. Progress Payments Contractor may make application for payment for Work completed during the Project(s) at intervals of not more than once a month or upon completion and Final Acceptance of the Work. Bidders will be paid based on the line item breakdown, contained in the Bid Form, with payments based on actual Work performed. All applications shall be submitted in triplicate and the Contractor shall only use the City's Contractor Payment Application Form. Where the time frame for completion of the Work is less than or equal to one month or a Schedule of Values is not required, the Contractor shall submit the appropriate documentation as defined below. Supporting evidence to be included with any application for payment shall include, but is not limited to, an updated progress schedule as required by Article 5 of the Supplemental Terms and Conditions and a partial or final release of liens or consent of Surety relative to the Work, which is the subject of the application for payment and any other information required by the Project Manager or Consultant. Each application for payment shall be submitted in triplicate for approval. City shall make payment to Contractor within thirty (30) days after approval of Contractor's application for payment. Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Acceptance by the City. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a separate stand alone document. City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: ■ Defective Work not remedied. ■ Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. ■ Failure of Contractor to make payments properly to Subcontractors or for material or labor. ■ Damage to another contractor not remedied. ■ Liquidated damages and costs incurred by City and/or Consultant for extended construction administration. ■ Failure of Contractor to provide any and all documents required by the Contract Documents. 71 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. In instances where multiple Projects are awarded the Contractor shall submit separate applications for Payment for each Project. When the above grounds are removed or resolved satisfactory to the Project Manager, payment shall be made in whole or in part. The City will pay, and the Contractor shall accept as full compensation for the Work, the sums specified in the Contractor's submittal to the Contract Documents, as accepted by the City. Contractor may be paid for materials or equipment purchased and stored at the Project(s) Site(s) or another location. Where a payment request is made for materials or equipment not incorporated in the Project(s), but delivered and suitably stored at the site or at some other location agreed upon in writing, the written documentation must be submitted at the time of request for payment. Payment shall be conditioned upon submission by the Contractor of paid invoices and an executed Material Purchased/Stored On -Premises form to establish the City's title to such materials or equipment, or otherwise protect the City's interest, including applicable insurance in the name of City and transportation to the site. Contractor retains sole liability to replace such stored materials or equipment as a result of damage or loss for any reason. 3. Liquidated Damages The Contractor is obligated and guarantees to complete the Project in the time set forth in the Contract Documents or any approved extension of time the Contractor shall pay to the City liquidated damages as follows. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Substantial Completion the Contractor shall pay to the City for each and every calendar day of unexcused delay, the sum of One Thousand One Hundred Forty -Eight dollars ($1,148) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Final Completion the Contractor shall pay to the City for each and every calendar day of unexcused delay, the additional sum of Five Hundred Seventy -Four dollars ($574) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. The Contractor will be notified of any approved exceptions or extensions. The total amount of liquidated damages shall not exceed the value of the applicable Contract Documents. The City shall have the right to deduct liquidated damages assessments from any payment due or which may thereafter become due to the Contractor under any contract the Contractor has with the City. In case the amount, which may become due hereunder, shall be less than the amount of liquidated damages due the City, the Contractor shall pay the difference upon demand by the City. Should the Contractor fail to compensate the City for any liquidated damages, the City shall consider this as a form of indebtedness and may deny any future Work under the Contract or any other City contract until such indebtedness is paid in full to the City. The City shall notify the Contractor that it is incurring liquidated damages. 4. Schedule of Values The Contractor must submit three copies of a Schedule of Values, which must be submitted within ten (10) calendar days of the issuance of the Notice to Proceed. The Schedule of Values shall indicate a complete breakdown of labor and material of all categories of Work on the Project. Contractor's overhead and profit should be as separate line items. Each line item shall be identified with the number and title of the major specification section or major components of the items. The Project Manager or Consultant may require further breakdown after review of the Contractor's submittal The City reserves the right to require such information from the Contractor as may be necessary to determine the accuracy of the Schedule of Values. The 72 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. combined total value for mobilization under the Schedules of Values shall not exceed 5% of the value of the Contract. The approved schedule of values shall be updated through the submittal of the City's Contractor Payment Application Form. 5. Project Schedules Contractor shall submit a proposed Project schedule as follows: ■ Schedule identifying all tasks within the critical path. The proposed Project schedule shall be submitted within ten (10) calendar days of the Notice of Award and such submittal shall be subject to the Project Manager and Consultant's review. Subsequent to such review of said schedule the Contractor shall establish said schedule as the baseline schedule. ■ All updates of schedules shall be tracked against the baseline schedule and shall be at a minimum submitted with each pay application. An updated schedule against the baseline shall also be submitted upon execution of each change order that impacts the Contract Documents Time for completion. Failure to submit such schedules shall result in the rejection of any submitted payment application. ■ All Project Schedules shall be prepared in Microsoft Project 2003 or in a more recent version unless otherwise approved by the Project Manager. At the time of submission of schedules Contractor shall submit a hard copy as well as an electronic version. Such electronic version shall not be submitted in a pdf format and shall be capable of being incorporated in to the City's baseline schedules. ■ Subsequent to review of the initial schedule submission the Contractor shall establish the reviewed schedule as the "baseline schedule". Contractor shall then prepare and submit all updates to the schedules utilizing the tracking mode within Microsoft Project. 6. Release of Liens/Subcontractor's Statement of Satisfaction The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an application for payment, whether incorporated in the Project(s) or not, will pass to the City upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances and that no Work, materials or equipment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project(s), subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall, beginning with the second request for payment, attach a Partial Release of Lien/Subcontractor's Statement of Satisfaction for each application for payment. Failure to submit such documentation may delay payments. The City may, in its sole discretion withhold payments for Work performed by Subcontractor where no release of lien has been submitted. The Contractor shall submit with the final payment request, for any Project(s) where subcontractors have performed Work, a Final Release of Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as a final. Failure to submit such documentation will result in delay in payment or the City withholding from the final payment such funds as necessary to satisfy any Subcontractor claims. Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in lieu of the Release of Lien/Subcontractor's Statement of Satisfaction, submit Consent of Surety to Requisition Payment. 73 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Contractor must use City Release of Lien, Affidavit and Consent of Surety forms or the Application for Payment will be rejected. 7. Progress Meetings The City shall conduct a pre -construction conference prior to the commencement of the Work. Contractor shall hold progress and coordination meetings as required by the Project Manager or Engineer, to provide for the timely completion of the Work. Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with the Project Manager and/or Consultant. Contractor shall use the job site meetings as a tool for the pre -planning of Work and enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all parties to clearly understand. During these meetings, Contractor shall identify the party or parties responsible for following up on any problems, delay items or questions, and Contractor shall note the action to be taken by such party or parties. Contractor shall revisit each pending item at each subsequent meeting until resolution is achieved. Contractor shall attempt to obtain from all present any potential problems or delaying event known to them for appropriate attention and resolution. Contractor shall be responsible for keeping minutes of the meeting and distribution of the minutes to all parties in attendance. The Contractor shall arrange for the participation of its subcontractors and/or vendors when the Project Manager requires their presence. The Contractor shall maintain minutes of the meeting and distribute copies of the minutes to all parties in attendance. The Contractor shall prepare and distribute to Project Manager and the Consultant an updated two -week look -ahead schedule of construction activities and submittals. 8. Request for Information The Contractor shall submit a Request for Information (RFI) where the Contractor believes that the Contract Document's specifications or drawings are unclear or conflict. All requests must be submitted in a manner that clearly identifies the drawing and/or specification section where clarification or interpretation is being requested. As part of the RFI, Contractor shall include its recommendation for resolution. The Consultant and City's Project Manager shall respond in writing. 9. Project Site Facilities The Contractor shall arrange for all Project(s) site facilities as maybe necessary to enable the Project Manager or Consultant to perform their respective duties and to accommodate any representatives of the City which the City may choose to have present at the Project(s). Contractor's, Sub -Contractor's, supplier's, material persons personnel shall not use the City restrooms that may be available at the Project(s) site without the prior consent of the manager of the facility or the Project Manager where there is no manager of a facility. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements including Chapter 46 of the Building Code and regulations of the State of Florida Department of Health and Rehabilitative Services or Dade County Health Department. The Contractor, his employees or his Sub -Contractors shall commit no public nuisance or use any facilities that have not been specifically provided for use by the Contractor. The Contractor shall furnish an adequate supply of drinking water for its and its Sub - Contractors' employees. There shall be adequate provisions made by the Contractor to ensure all disposable materials are properly disposed of and do not create a nuisance to the City or the public. The location of the temporary facilities shall be subject to the approval of the Project Manager or Consultant. 74 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and sanitary services to the site for new construction or additions to a facility. The Project Manager may authorize the use of existing utilities. Such decision will be made at the sole discretion of the Project Manager and the City. The Contractor shall be required to obtain all necessary permits required for any Project(s) site facilities. Contractor shall also be responsible to maintain such facilities in a safe and working condition. All such facilities remain the property of the Contractor and the Contractor shall be responsible for removal and disposal of such facilities prior to Final Acceptance. 10. Inspection of Work Contractor shall notify the Project Manager and Consultant at least 48 hours prior to commencing Work on the following: • Storm Drain • Subgrade — submit and have approved desities prior to placement of rock • Limerock Base — submit and have approved desities and as-builts prior to placement of any asphalt 11. Security The site where the Work is to be performed may not be a secure site and the public may have access to the site. The Contractor shall have sole responsibility for the security of all Work materials, tools, equipment and Work at the Project(s) site. The City shall not be liable for any damage or loss to such materials, tools, equipment and Work and the Contractor shall be responsible for the repair or replacement of all Work such materials, tools, and equipment. 12. Construction Signage Where required by the Contract Documents the Contractor shall provide construction signage. The City shall provide the Contractor the wording and layout for the signs at the pre -construction conference. The Contractor shall furnish the two City signs at the Project(s) Site(s) as follows: • The first sign must be manufactured by Image 2000, 45 East 9th Court, Hialeah, Florida (305) 884-2240 or approved equal. The sign shall be 4 feet wide and 8 feet high and constructed of pressure sensitive 2 mil cast vinyl overmounted with 3 mil mylar and mounted to 1 MDO with painted back. The sign shall be mounted on 4 inch square wood or perforated "U" channel metal posts painted white, and be readable at eye level. The colors to be used on the sign are as follows: the background shall be white with blue lettering; the seal shall be white and gold with blue lettering form. • The second sign shall reflect other funding sources for the Project and shall reflect the Project information. The sign shall be 4 feet wide by 8 feet high by 3/4 inch (thick) exterior plywood, suitably mounted and readable at eye level. The colors shall be blue and white. The background shall be white and all lettering shall be blue Helvetica. All paint shall be rated outdoor enamel. The City will provide the City Seal in decal form. • The Contractor shall also post appropriate construction site warning signs at the Work Site. Such signs shall be posted to warn pedestrian and vehicle traffic. Signage shall also be placed waterside to alert boater to the construction zone, requiring idle speed and a minimum clearance distance. Contractor shall provide drawings for the signage, which shall be subject to approval by the Consultant. • The Project Manager and the City shall approve the locations for all signage. 13. Construction Photographs 75 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Contractor shall submit with each application for payment photographs that accurately reflect the progress of the work. Contractor shall submit once copy of each photograph in print and digitally. The photographs shall be printed on 8"X10" high resolution glossy single weight color print paper. Each photograph will also reflect the date and time the picture was taken. Aerial photographs will be taken on a bi-monthly basis. 14. City Furnished Property Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc, when directed to by the Project Manager or Consultant and shall reinstall or provide to the City as directed. 15. Geotechnical Testing — Intentionally Omitted 16. Field Layout of the Work and Record Drawings for Drainage Projects The Contractor through the services of a State of Florida Registered Professional Surveyor and Mapper (P.S.M.), shall establish the line and benchmarks and other reference points for the installation of the pipeline or structure For pipelines, this will consist of establishing all points of bend (but not necessarily bevel pipe unless in close proximity to other facilities), valves, tees, crosses and other stations not more than 100 feet apart along the proposed centerline of the pipe, or along a stationed offset line as shown on the Plans, marked by a nail in a metal cap if in pavement, with the station painted nearby or by a nail in the top of a wooden stake driven flush with the ground with the station marked on a flag stake nearby, if not in pavement. For structures, this will consist of base lines, stakes at corners, centers and center lines, auxiliary lines and a bench mark from which to establish the elevations. The Contractor shall make his equipment and men available to the Inspector for spot-checking the accuracy of the Work. The Project Manager or Consultant shall require the Work to be brought within the tolerances specified elsewhere before backfill is placed or the construction is otherwise hidden. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and other Work and shall prepare record or "as -built" drawings of the same which are signed and sealed by a State of Florida Registered Professional Surveyor and Mapper (P.S.M.). Contractor shall deliver these records in good order to Project Manager or Consultant as the Work is completed. The Contractor shall supply the Consultant with a copy of the Registered Land Surveyor's layout of the Work immediately upon its availability to his own forces. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to Project Manager or Consultant prior to, and as a condition of, final payment. During the entire construction operation, the Contractor shall retain the services of a State of Florida Registered Professional Surveyor and Mapper (P.S.M.) who shall maintain records of the installation, including all deviations from the plans and specifications by obtaining "As -built" dimensions and elevations. The surveyor shall prepare record as -built drawings showing correctly and accurately all changes and deviations made during construction, including approved construction variances to reflect the Work as it was actually constructed. "As -Built" drawings shall be submitted to the City on a monthly basis. 76 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Recording of Project Record ■ Record all information for pipeline projects and on -site projects concurrently with construction progress. ■ Do not conceal any work until as -built information is recorded by the Contractor and the City. ■ All locations for future connections or tie-ins shall be left unburied and uncovered until the City's surveying forces obtain and record the as -built information. This is in addition to the Contractor's recorded information. • Restrained pipe, end line valves, thrust blocks need to be left uncovered for the last complete length. Inline valves and tees shall be left exposed for 1 length on both sides plus the face end. Record the elevation, deviation from horizontal and vertical alignment and the inclination for these items. • Maintain records of all pipeline Project and on -site Project deviations from Drawings and Specifications by a Florida Registered Professional Surveyor and Mapper (P.S.M.). • For Pipe Installation In All Pipeline Projects and On -site Projects: During entire construction operation retain the services of a State of Florida Registered Land Surveyor (FRLS) who shall maintain records of the installation, including all deviations from Drawings and Specifications. • (FRLS) shall record as -built dimensions and elevations every twenty-five feet (25') or portion thereof along pipeline and at every abrupt change in direction of the new line. • (FRLS) shall record locations and elevations for each valve, fitting, service line, fire hydrant, water sampling point, and also for above ground piping and other appurtenances along the pipeline. Specific locations and elevation of equipment, the buildings and miscellaneous items installed inside them shall be recorded as applicable. • Contractor's FRLS shall prepare as -built record drawings showing correctly and accurately the installation, embracing all changes and deviations made during construction, including all approved construction variances, to reflect the work as it was constructed. • Record Drawings shall be prepared on 4-mil mylar as specified hereinafter. Record Drawings and three (3) blue line copies shall be signed and sealed by the Surveyor and shall be submitted to the City for the Project Manager's or Consultant's review within ten (10) calendar days following the completion date of successful pressure testing of all mains and appurtenances under the Contract Documents • If the Consultant determines that the Drawings are not acceptable, they will be returned to the Contractor with a cover letter noting the deficiencies and/or reasons for the disapproval. Contractor shall have ten (10) calendar days to correct all exceptions taken by the Project Manager or Consultant and resubmit as -built record drawings to the Consultant for final acceptance. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings or as -built drawings acceptable to Project Manager or Consultant. 17. Survey Work for Drainage Projects The Contractor shall retain or employ a FRLS to lay out all storm sewer construction and provide final measurements. At the Project pre -construction meeting, to be attended by the Contractor's FRLS, the Contractor will be provided a packet of information, from the City, showing the format to be utilized. The Contractor is advised that the survey work, including required final measurements, shall be according to City Standards and are an integral part of the 77 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Project. The Project shall not be considered complete until the final measurements are approved by the City. 78 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 1 of 11) SECTION 4 BID FORM Submitted: City of Miami, Florida Office of the City Clerk City Hall, lst Floor 3500 Pan American Drive Miami, Florida 33133-5504 Date The undersigned, as Bidder, hereby declares that the only persons interested in this Bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this Bid is made without connection with any other person, firm, or parties making a Bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required information with the Bid; and that this Bid is submitted voluntarily and willingly. The Bidder agrees, if this Bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project(s) entitled: Bid No: 12-13-051 Title: BEACOM PROJECT AREA IMPROVEMENTS — PHASE II — D3 The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total Bid price plus alternates, if any, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the Bid guaranty accompanying the Bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. In the event of a discrepancy between the price Bid in figures and the price Bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total. 79 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 2 of 11) Note: Bidders are bidding on estimated quantities for the purpose of determining the lowest responsive and responsible bidder. Payments will be made based on unit prices of actual quantities installed. Where a discrepancy exists between the unit price and the extended price the unit price will prevail. Where there is a discrepancy between the numerical and written Bid Amount, the written Bid Amount will prevail. City Form SU must be submitted with your bid. The SU Form can be found posted on the webpage with the bid documents. Our Bid Amount Includes the total cost for the Work specified in this solicitation, consisting of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required in accordance with the Bid Specifications. BASE BID - TOTAL BASE BID AMOUNT: $ ALTERNATE A - TOTAL ALTERNATE A BID AMOUNT: $ ALTERNATE B - TOTAL ALTERNATE B BID AMOUNT: $ ALTERNATE C - TOTAL ALTERNATE C BID AMOUNT: $ ALTERNATE D - TOTAL ALTERNATE D BID AMOUNT: $ COMBINED TOTAL BID AMOUNT- $ (COMBINED Base Bid # Alt A # Alt B # Alt C # Alt D) Written Combined Total Bid Amount 80 Beacom Project Area Improvements - Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 3 of 11) The spreadsheet with Unit Prices is required to be submitted within the Bid Submittal Forms. Bidders must download the version of MS Excel Bid Form that is available for download at: http://www.miamigov.com/Capitallmprovements/pages/ProcurementOpportunities/Default.asp. Failure to submit the Spreadsheet may result in the Bid being determined to be non -responsive. MS Excel sheet shall round all bid price to the second decimal. The Bid Forms contain five (5) separate component projects and the Bidder must provide unit prices for all Work to be performed for each of the five (5) component projects to be deemed responsive. BEACOM PROJECT AREA IMPROVEMENTS - PHASE II - D3 - PROJECT NO. B-40325 Line No. Pay Item No. Pay Item Description Unit Quantity Unit Cost Cost 1 1 2 2 3 3 4 4 5 5 kPiRM- 6 6 AMPLM 7 7 8 8 9 9 10 10 TOTAL 81 Beacom Project Area Improvements - Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 4 of 11) Part I: DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS III AND IV (If applicable) Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Part II: No addendum was received in connection with this Bid. Part III; Certifications The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated requirements. 1. Community Small Business Enterprise ("CSBE") Requirements Bidder certifies that it has read and understood the provisions of City of Miami Ordinance 13331, codified as Section 18-89 of the City Code, pertaining to the implementation of a "Community Small Business Enterprise" requirement. Evaluation of bidder's responsiveness to Ordinance Section 13331 shall be a consideration in the award of a contract. 2. Non -Collusion Bidder certifies that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person. Bidder certifies that the selected independent third -party verifier will verify and certify compliance data and reports honestly and accurately; and 3. Drug Free Workplace The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Bidder's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug -free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug -free workplace; (iii) 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 by subparagraph (1); 82 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 5 of 11) (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (7) (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 Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs(1) through (6); and 4. Lobbying The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. 83 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 6 of 11) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure; and * Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per QMB). 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, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 5(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. (e) In addition, factors to be considered in determining responsibility of prospective contractual parties shall include but not be limited to: (f) (1) Bidder does have available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain them, to meet all contractual requirements; (2) Bidder does have a satisfactory record of performance; (3) Bidder does have a satisfactory record of integrity; (4) Bidder does possess qualified legal standing to contract with the city; (5) Bidder will be in compliance in supplying all requested information connected with the inquiry concerning responsibility; Bidder has not had a termination, suspension, or cancellation of a City contract, in whole or in part, for cause, due to a default by the bidder or offeror, within the past five (5) years, which has not been reversed on appeal by a court of competent jurisdiction; or (g) Bidder has not withheld a payment or nonpayment of moneys due the City from the Bidder or Offeror, within the past five (5) years, unless the full amount of such moneys due the city 84 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 7 of 11) have been deposited with a court of competent jurisdiction in Miami -Dade County, Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court", as amended, or other applicable Federal, State or Local Rules of Court, and are subject to distribution to the city or withdrawal by the city by order of the court. (h) The Bidder shall provide any information requested by the chief procurement officer or purchasing agent concerning responsibility. If such contractual party fails to provide the requested information, the determination of responsibility may be made upon available information or the prospective contractual party may be found nonresponsible. The prospective contractual party may demonstrate the availability of necessary financial, equipment, facility, and personnel related resources by submitting: (1) The bidder will, upon request, furbish evidence that the contractual party possesses such necessary resources; (2) Bidder affirms it has acceptable plans to subcontract for such necessary resources; or (3) Bidder will, upon request, submit a documented commitment for, or explicit arrangement with, satisfactory sources to provide such necessary resources. 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 in writing. 6. Local Workforce Participation Requirements The Bidder certifies to the best of its knowledge and belief, that it and its principals: (a) have read and understood the provisions of City of Miami Ordinance 13332, codified as Section 18-89 of the City Code pertaining to the local workforce participation requirements on a quarterly basis; (b) have identified in City Form Subcontractor Utilization ("SU") a third party independent who verifies and is properly licensed under the provisions of F.S. 454,471,473, or 481 and who is not with the contractor; and (c) the selected third party, who independently verifies compliance with this section, must have a minimum of 2 years experience as required in Ordinance No. 13332, codified as Section 18-89 of the City Code; Part IV; Certification — Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of Section 553.60, et. seq., Florida Statutes, the Trench Safety Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. Bidder acknowledges that included in the various items of the proposal and in the total Bid price are costs for complying with the Florida Trench Safety Act. These items are a breakout of the respective 85 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 8 of 11) items involving trenching and will not be paid separately. They are not to be confused with bid items in the schedule of prices, nor be considered additional Work. The Bidder further identifies the costs and methods summarized below: Quantity Unit Description Unit Price Price Total $ Extended . Method Attached is a Bid Bond [ ], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ] No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this Bid and certifies to the above stated in Part III and IV by signing and completing the spaces provided below. Firm's Name: Signature: Printed Name/Title: City/State/Zip: Telephone No.: Facsimile No.: Social Security No. or Federal I.D.No.: E-Mail Address: Dun and Bradstreet No.: If a partnership, names and addresses of partners: (if applicable) 86 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 9 of 11) CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY CERTIFY that at a meeting of the Board of Directors of a corporation organized and existing under the laws of the State of , held on the _day of a resolution was duly passed and adopted authorizing (Name) as (Title) of the corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Secretary: Print: CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the _day of a resolution was duly passed and adopted authorizing (Name) as (Title) of the to execute bids on behalf of the partnership and provides that his/her execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. Partner: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Bid is authorized to sign Bid documents on behalf of the joint venture. If there is no joint venture agreement each member of the joint venture must sign the Bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual). 87 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 10 of 11) CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Bid to which this attestation is attached. Signed: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 88 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 11 of 11) NOTARIZATION STATE OF ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20 , by , who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC 89 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Section 5- Attachments BID BOND FORM (Page 1 of 3) State of Florida County of Dade )SS: City of Miami KNOWN ALL PERSONS BY THESE PRESENTS, that as Principal, _ as Surety, are held and firmly bound unto The City of Miami, in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid, dated , 20_, for: BEACOM PROJECT AREA IMPROVEMENTS — PHASE II — D3 - PROJECT NO. B-40325 NOW THEREFORE: (a) If the principal shall not withdraw said Bid within one hundred twenty (120) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the City, in accordance with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or, (b) In the event if the withdrawal of said Bid within the period specified, or the failure to enter into such contract and give such bond within the time specified, if the principal shall pay the City the difference between the amount specified in said Bid and the amount for which the City may procure the required Work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. 90 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this day of the name and corporate seal of each party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership, Partnership, or Joint Venture, two (2) Witnesses are required. If Corporation, Secretary only will attest and affix seal.) PRINCIPAL: (Name of Firm) Affix Seal (Signature of authorized officer) (Title) (Business Address) City State Zip Surety: (Corporate Surety) Affix Seal Surety Secretary (Signature of Authorized Officer) (Title) (Business Address) City State Zip 91 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL , certify that I am the Secretary of the Corporation named as Principal in the within bond; that of said corporation; that I know his signature, and the signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body. (Corporate Seal) STATE OF FLORIDA COUNTY OF DADE )SS CITY OF MIAMI Before me, a Notary Public duly commissioned, and qualified, personally appeared to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney -in -fact, for the and that he/she has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of The City of Miami, Florida. Subscribed and sworn to before me this day of INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions to Bidders Notary Public, State of Florida at Large My Commission Expires: 92 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. SUPPLEMENT TO BID FORM: QUESTIONNAIRE This Completed Form Must Be Submitted With The Bid, The City May, At Its Sole Discretion, Require That The Bidder Submit Additional Information Not Included In The Submitted Form. Such Information Must Be Submitted Within Seven (7) Calendar Days of The City's Request. Failure To Submit The Form Or Additional Information Upon Request By The City Shall Result In The Rejection Of The Bid As Non -Responsive. Additional Pages May Be Used Following The Same Format And Numbering. By submitting its Bid the Bidder certifies the truth and accuracy of all information contained herein. A. Business Information 1. How many years has your company been in business under its current name and ownership? a. Professional Licenses/Certifications (include name and number)* Issuance Date ("include active certifications of community small business enterprise & name of certifying entity) b. Date company licensed by Dept. Of Professional Regulation: c. Qualified Business License: ❑ Yes❑ No If Yes, Date Issued: d. What is your primary business? (This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.) e. Name of Qualifier, license number, and relationship to company: f. Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to company and years as qualifier for the company 2. Name and Licenses of any prior companies Name of Company License No. Issuance Date 3. Type of Company: ❑ Corporation ❑ "S" Corporation El LLC❑ Sole Proprietorship ❑Other: (Corporations will be required to provide a copy of their corporate resolution prior to executing a contract) 93 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. 4. Company Ownership a. Identify all owners of the company. Name Title of ownership b. Is any owner identified above an owner in another company? ❑ Yes ❑ No If yes, identify the name of the owner, other company names, and % ownership c. identify all individuals authorized to sign for the company, indicating the level of their authority (check applicable boxes and for other provide specific levels of authority) Name Title Signatory Authority All Cost No -Cost Other DODD DODD DODD DODD Explanation for Other: (Note: "All" refers to any type of document including but not limited to contracts, amendment, change proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost" refers to CPRs, COs. No -cost refers to RFIs, Notices, and other similar documents) 5. Employee Information Total No. of Employees: Number of Managerial/Admin. Employees: Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) How many employees are working under H2B visas? 94 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. 6. Has any owner or employee of the company ever been convicted of a federal offense or moral turpitude: If yes, please explain: 7. Insurance & Bond Information a. Insurance Carrier name & address: b. Insurance Contact Name, telephone, & e-mail: c. Insurance Experience Modification Rating (EMR): (if no EMR rating please explain why) d. Number of Insurance Claims paid out in last 5 years & value: e. Bond Carrier name & address: Bond Carrier Contact Name, telephone, & e-mail: g. Number of Bond Claims paid out in last 5 years & value: 8. Have any claims lawsuits been file against your company in the past 5 years, If yes, identify all where your company has either settle or an adverse judgment has been issued against your company. Identify the year basis for the claim or judgment & settlement unless the value of the settlement is covered by a written confidentiality agreement. 9. To the best of your knowledge is your company or any officers of your company currently under investigation by any law enforcement agency or public entity. If yes, provide details: 10. Has your company been assessed liquidated damages or defaulted on a project in the past five (5) years? Yes ❑ No (IfDs, provide an attachment that provides an explanation of the project and an explanation. 11. Has your company been cited for any OSHA violations in the past five (5) years? If yes, please provide an attachment including all details on each citation, 12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater, owned by your company. 95 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. B. Project Management & Subcontract Details 1. Project Manager for this Project: a. Name: b. Years with Company: c Licenses/Certifications: d. Last 3 projects with the company including role, scope of work, & value of project: 2. Subcontractors: Name Trade % of Work License No. Certification* ("active certifications of community small business enterprise & name of certifying entity) 3. Scope of actual construction work to be performed by your company and the corresponding percentage of the work: (This does not include such items as insurance " bonds, dumpsters, trailers, and other similar non - construction work items) C. Current and Prior Experience: 1. Current Experience including projects currently under construction, recently awarded, or pending award (Provide an attachment to this questionnaire that lists all such projects, including the owner's name, title and value of project, scope of work, projected or actual start date, projected completion date, and number of company trades personnel assigned to the project) 2. Prior Projects of a similar size, scope and : Provide an attachment to this Questionnaire that includes Completed Projects the Proposer considers of a similar, size, scope and complexity that the City should consider in determining the Bidders responsiveness and responsibility. This attachment must include the project that meets the minimum number of projects identified by the bid solicitation. Information provided must include the owner's name , address and contract person, including telephone & e-mail, title of project, location of project, scope, initial value and final cost of the project, projected and final timeframes for completion in calendar days and the number of company trades personnel, by classification, that were assigned to the project. The delivery method, including, but not limited to; design -build, CM@Risk, Design -Bid -Build, etc. is to be identified for each Project. If there is a difference between the initial and final cost or 96 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. initial and actual timeframe provide details on why the differences exist. A reference letter is to be completed by the owner of the Project and submitted as part of the Bid submission. D. Bidder's References Bidders are to include a minimum of five (5) references from completed projects listed in C.2 above. The attached form is to be used and is to be included with the Bid submission. The City, at its sole discretion may allow the Bidder to submit the references after the specified date for Bid submission. 97 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. SUPPLEMENT TO BID FORM CUSTOMER REFERENCE LISTING (Page 1 of 1) Bidders may furnish the names, addresses, and telephone numbers of firms or government organizations for which the Contractor has provided services in addition to the minimum five (5) projects of a similar size, scope, and complexity. 1) 2) Company Name Address Contact Person/Contract Amount Telephone No.: /Fax No. Company Name Address Contact Person/Contract Amount Telephone No.: /Fax No. 3) Company Name Address Contact Person/Contract Amount Telephone No.: /Fax No. 4) Company Name Address Contact Person/Contract Amount Telephone No.: /Fax No. 5) Company Name Address Contact Person/Contract Amount Telephone No.: /Fax No. 98 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. City of Riami To Whom It May Concern Subject: Reference Letter Name of Bidder: DANIEL J. ALFONSO, City Manager The above referenced contractor is submitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as any other information your feel is pertinent: Name of Project: Scope of work: Value of project: $ Date Completed: Percentage of physical construction work self -performed by Contractor: Was project completed on time & within budget: ❑ Yes ❑ No If no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Thank you for your assistance in helping us in evaluating our bid solicitation. Name of individual completing this form: Date: Signature: Title: Telephone: E-mail: Sincerely, Mark Spanioli, P.E., Director Capital Improvements Program 99 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 1 of 3) 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 AS DEFINED BY CITY CODE SECTION 18-73. Legal Name of Firm: Entity Type: (Check One) ❑ Partnership ❑ Sole Proprietorship ❑ Corporation Corporation Document No: Date Established Occupational License No: Date of Issuance Office Location (Establishment of the bidder/Bidder): PRESENT Street Address: City: State: How long at this location: PREVIOUS Street Address: City: State How long at this location: According to Section 18-73 of the City of Miami Code, as amended: City of Miami "Local Office" means a business within the City which meets all of the following criteria: 1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the City; and 2) if the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully executed lease within the corporate limits of the city that documents in writing continuous business residence within the corporate limits of the City for a term of no less than twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval 100 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 2 of 3) by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; and 3) Has had for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current Business Tax Receipt issued by both the City and Miami -Dade County, if applicable; and 4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the City or Miami -Dade County that authorizes the performance of said business operations; and 5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. According to Section 18-85(a) of the City of Miami Code, as amended: "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in City Code Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." The intention of this section is to benefit local bona fide bidders for promotion of economic development within the corporate limits of the City of Miami. I (we) certify, under penalty of perjury, that the office location of our firm has not been established with the sole purpose of obtaining the advantage granted bona fide local bidders/Bidders by this section. Authorize Signature Authorized Signature Print Name Print Name Title Title Authorized Signature Authorized Signature 101 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 3 of 3) (Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture.) NOTARIZATION STATE OF FLORIDA, COUNTY OF DADE That: personally appeared before me and acknowledged the foregoing instrument as his/her act and deed. That he/she has produced as identification. NOTARY PUBLIC: My Commission Expires: Please submit with your Bid Form copies of Occupational License, City of Miami and Miami Dade County Business Licenses, professional and/or trade License to verify local office preference. 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. 102 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. CERTIFICATE OF COMPLIANCE WITH SECTIONS 18-87 and 18-89 OF THE CITY CODE I, hereby certify that: i) 1 am the (President/Secretary or Principal) of (Respondent Firm); ii) I have read Sections 18-87 and 18-89 of the City of Miami Procurement Code; iii) (Respondent Firm) hereby acknowledges that the awarded contract has an on -site labor component greater than or equal to twenty-five percent (25%), and therefore agrees to assign a minimum of fifteen percent (15%) of the contract value to firms currently certified by Miami -Dade County as a Community Small Business Enterprise ("CSBE"); OR iv) (Respondent Firm) hereby is certified by Miami - Dade County as a CSBE firm and will self -perform to meet the minimum fifteen percent (15%) CSBE requirement. An active copy of the respondent's CSBE certification must be included bid document. v) (Respondent Firm) hereby agrees to comply with the Local Workforce Participation Requirements stated in Section 18-89 of the City of Miami Procurement Code. vi) OPTIONAL: vii) (Respondent Firm) hereby agrees to make assignments pursuant to Item iii), above, to certified CSBE firms who maintain a "Local Office", as defined in City Code Section 18-73; STATE OF FLORIDA SS COUNTY OF MIAMI-DADE Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Certificate of Compliance with Section 18-89 of the City of Miami Procurement Code on behalf of Respondent Firm named therein in favor of the City. Subscribed and Sworn to before me this day of , 20 My commission expires: Notary Public, State of Florida at Large Bonded by 103 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. THIS FORM MUST BE COMPLETED BY BIDDERS/PROPOSERS FOR PROJECTS WITH CSBE REQUIREMENTS SCHEDULE OF INTENT AFFIDAVIT (SOI) COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM ("CSBE") This section must be completed by the BidderlProposer and the CSBE Subcontractor that will be utilized for scopes of work on the project Name of Bidder/Proposer: Address: Project Name: Contract Dollar Amount: Contact Person: Phone No.: Project Number: 15% CSBE Dollar Amount Name of Prime Bidder/Proposer Certification No. (if applicable) Certification Expiration Date (if applicable) Type of CSBE work to be performed by the Bidder (if applicable) Bidder's self performance percentage (%) of Contract Value Total Dollar ($) Amount of Bidder's self performance The undersigned intends to perform the following work in connection with the above contract: Name of Sub -contractor Certification No. Certification Expiration Date Type of CSBE work to be performed by the sub- contractor Sub -contractor percentage (%) of Contract Value Total Dollar ($) Amount of sub -contractor's CSBE requirement I certify that the representations contained in this form are true and accurate to the bes of my knowledge. I affirm that I will enter into sub -contractual agreement(s) with the above listed CSBE sub-contractor(s) if awarded this contract. Copies of the agreement(s) will be immediately made available to the City of Miami as required. Prime Bidder/Proposer Signature Date Prime Bidder/Proposer Print Name Title The undersigned has reasonable and uncommitted capacity sufficient to provide the required goods or services, all licenses and permits necessary to provide such goods or services, ability to obtain bonding that is reasonably required to provide such goods consistent with normal industry practice, and the ability to otherwise meet the bid specifications. Sub -contractor Signature Date Sub -contractor Print Name Title 104 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Section 6- Contract Execution Form THIS Contract #14-1785, made this day of in the year 2014 in the amount of $818,978.96 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and MAGGOLC, INC., hereinafter called the "Contractor". IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST MAGGOLC, INC., a Florida corporation Signature Signature Print Name, Title Print Name, Title of Authorized Officer or Official ATTEST: (Corporate Seal) CONTRACTOR Secretary (Affirm CONTRACTOR Seal, if available) ATTEST: City of Miami, a municipal corporation of the State of Florida Todd B. Hannon, City Clerk Daniel J. Alfonso, City Manager APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: Ann -Marie Sharpe, Director Victoria Mendez, City Attorney Risk Management Department Beacom Project Area Improvements — Phase II 105 ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. CORPORATE RESOLUTION WHEREAS, , Inc. desires to enter into a contract with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the (type title of officer) , is hereby authorized (type name of officer) and instructed to enter into a contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of , 20 Corporate Secretary (Corporate Seal) Beacom Project Area Improvements — Phase II 106 ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. FORM OF PERFORMANCE BOND (Page 1of 2) BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract ITB No: 12-13-051, awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. 4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations hereunder, the Surety may promptly remedy the default, or shall promptly: 4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or Beacom Project Area Improvements — Phase II 107 ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. FORM OF PERFORMANCE BOND (Page 2 of 2) 4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES: Secretary By: (CORPORATE SEAL) (Name of Corporation) (Signature) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No.: Beacom Project Area Improvements — Phase II 108 ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. FORM OF PAYMENT BOND (Page 1of 2) BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, ITB. No. 12- 13-051, awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the longer of the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or Section 95-11, Florida Statutes. Beacom Project Area Improvements — Phase II 109 ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. FORM OF PAYMENT BOND (Page 2 of 2) The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 ATTEST: (Secretary) (Corporate Seal) IN THE PRESENCE OF: By: By: Contractor (Name of Corporation) (Signature) (Print Name and Title) day of , 20 INSURANCE COMPANY: Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No.: Beacom Project Area Improvements — Phase II 110 ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. [Type text] CERTIFICATE AS TO CORPORATE PRINCIPAL , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this day of , 20 My commission expires: Notary Public, State of Florida at Large Bonded by Beacom Project Area Improvements — Phase II 111 ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. [Type text] PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2) Beneficiary: City of Miami 444 S.W. 2nd Avenue Miami, Florida 33130 Date of Issue Issuing Bank's No. Applicant: Amount: in United States Funds Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part of (contractor, applicant, customer) agreed upon by and between the City of Miami, Florida and (contractor, applicant, customer), pursuant to Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) Beacom Project Area Improvements — Phase II 112 ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. [Type text] PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the Contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature Beacom Project Area Improvements — Phase II 113 ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. [Type text] INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY If the Proposer is submitting as a joint venture, please be advised that this form (3 pages) MUST be completed and the REQUESTED written joint -venture agreement MUST be attached and submitted with this form. 1. Name of joint venture: 2. Address of joint venture: 3. Phone number of joint venture: 4. Identify the firms that comprise the joint venture: 5. Describe the role of the MBE firm (if applicable) in the joint venture: 6. Provide a copy of the joint venture's written contractual agreement. 7. Control of and participation in this Agreement. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision making, including, but not limited to, those with prime responsibility for: (a) Financial decisions: (b) Management decisions, such as: (1) Estimating: (2) Marketing and sales: (3) Hiring and firing of management personnel: (4) Purchasing of major items or supplies: Beacom Project Area Improvements — Phase II 114 ITB No.: 12-13-051 [Type text] THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. (c) Supervision of field operations: NOTE: If, after filing this form and before the completion of the joint venture's work on the subject Contract, there is any significant change in the information submitted, the joint venture must inform the County in writing. AFFIDAVIT "The undersigned swear or affirm that the foregoing statements are correct and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to the County current, complete and accurate information regarding actual joint venture work and the payment therefore and any proposed changes in any of the joint venturer relevant to the joint venture, by authorized representatives of the County. Any material misrepresentation will be grounds for terminating any Contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Name of Firm: Name of Firm: Signature: Signature: Name: Name: Title: Title: Date: Date: FORM A Beacom Project Area Improvements — Phase II 115 ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 1 of 11) SECTION 4 BID FORM Submitted: City of Miami, Florida Office of the City Clerk City Hall, 1 5t Floor 3500 Pan American Drive Miami, Florida 33133-5504 ?/1f4 ate The undersigned, as Bidder, hereby declares that the only persons interested in this Bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this Bid is made without connection with any other person, firm, or parties making a Bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required information with the Bid; and that this Bid is submitted voluntarily and willingly. The Bidder agrees, if this Bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project(s) entitled: Bid No: 12-13-051 Title: BEACOM PROJECT AREA IMPROVEMENTS — PHASE II — D3 The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total Bid price plus alternates, if any, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the Bid guaranty accompanying the Bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. In the event of a discrepancy between the price Bid in figures and the price Bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total. 79 Beacom Project Area Improvements — Phase 11 ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM {Page 2 of 11) Note: Bidders are bidding on estimated quantities for the purpose of determining the lowest responsive and responsible bidder. Payments will be made based on unit prices of actual quantities installed. Where a discrepancy exists between the unit price and the extended price the unit price will prevail. Where there is a discrepancy between the numerical and written Bid Amount, the written Bid Amount will prevail. City Form SU must be submitted with your bid. The SU Form can be found posted on the webpage with the bid documents. Our Bid Amount Includes the total cost for the Work specified in this solicitation, consisting of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required in accordance with the Bid Specifications, BASE BID - TOTAL BASE BID AMOUNT: $ / 98 ¢ es, z© ALTER&ATEA- TOTAL ALTERNATE A BID AMOUNT: $ / 9,e, `�-' r U Q 7-6 - I%',L T ERNATE 3 _. TOTAL ALTERNATE B BID AMOUNT: ALTERNATE C - TOTAL ALTERNATE C BID AMOUNT: ALTERNATE J - TOTAL ALTERNATE D BID AMOUNT: $ 3, 8 go, go $ /8a,2c 44 COMBINED TOTAL BID AMOUNT: $ l g �" �, 96 (COMBINED Base Bid t Alt A # Alt B # Alt C # Alt D/ ; / rAp y_e Combined Total Bid Amount hex s, 80 Beacom Project Area Improvements - Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 3 of 11) The spreadsheet with Unit Prices is required to be submitted within the Bid Submittal Forms. Bidders must download the version of MS Excel Bid Form that is available for download at: http:flwww.miam igov,comlCapitallmprovementslpages/ProcurementOpportunitiestDefault.asp. Failure to submit the Spreadsheet may result in the Bid being determined to be non -responsive. MS Excel sheet shall round all bid price to the second decimal. The Bid Forms contain five (5) separate component projects and the Bidder must provide unit prices for all Work to be performed for each of the five (5) component projects to be deemed responsive. BEACOM PROJECT AREA IMPROVEMENTS — PHASE II — D3 - PROJECT NO. B-40325 Line No. Pay Item No. Pay Item Description Unit Quantity Unit Cost Cost 1 1 2 2 3 3 4 4 5 5 Fe ! 7 7 8 8 9 9 10 10 TOTAL (6 u x-71 81 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 S.W. 2nd Street from SW 27th Ave to SW 22nd Ave (Base Bid) Pro)ect No. 8-40325 - BID TABULATION FORM ITEM PAY ITEM DESCRIPTION UNITS UNIT COST QUANTITTY TOTAL AMOUNT ROADWAY PAY ITEMS 1 110-1-1 CLEARING AND GRUBBING AC $1,000.00 0.584 $584.00 2 120-1 REGULAR EXCAVATION CY $10.00 93 $930.00 3 160-4 STABILIZATION (LBR 40) SY $5.00 278 $1,390.00 4 285-706 OPTIONAL BASE, GROUP 6 (18" LIMEROCK) SY $10.00 278 $2,780.00 5 327-70-1 MILLING EXISTING ASPHALT (1" AVG. DEPTH) SY $2.00 1,133 $2,266.00 5 327-70-5 MILLING EXISTING ASPHALT (2" AVG. DEPTH) SY $2.00 1,170 $2.340.00 7 331-2-1 TYPE S-I ASPHALTIC CONCRETE (1") (110 LBS(SY) TN $85.00 16 $1.36000 8 331-2-3 TYPE S-III ASPHALTIC CONCRETE (1") (110 LBS/SY) TN $130.00 157.0 $20,410.00 9 425-5-1 MANHOLES (ADJUST) EA $200.00 4 $800.00 10 425-6 VALVE BOXES (ADJUST) EA _ $200.00 6 $1,200.00 11 520-1-10 CONCRETE CURB 8 GUTTER TYPE F LF $16.00 2,145 $34,320.00 12 522-1 CONCRETE SIDEWALK (4" THICK) (INCLUDES DETECTABLE WARNING) SY $40.00 174 $6,960.00 13 522-2 CONCRETE SIDEWALK 16" THICK) SY $40.00 781 $31,240.00 14 570-1-2 PERFORMANCE TURF (SOD) SY $3.00 1.106 $3,318.00 15 710-11-123 PAINTED PAVEMENT MARKINGS. STANDARD, WHITE, SOLID. 12" LF $1.00 106 $106.00 16 710-11-125 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 24" LF $3.50 130 $455.00 17 710-11-160 PAINTED PAVEMENT MARKINGS, STANDARD. WHITE, MESSAGE' EA 55000 2 $100.00 18 710-11-170 PAINTED PAVEMENT MARKINGS, STANDARD. WHITE. ARROW" EA $50.00 _ 2 $100.00 19 710-11-211 PAINTED PAVEMENT MARKINGS, STANDARD. YELLOW. SOLID, 6" NM $3,000.00 0.084 S252.00 TOTAL ROADWAY PAY ITEMS= S110,911.00 ITEM PAY ITEM DESCRIPTION UNITS UNIT COST QUANTITY TOTAL AMOUNT SIGNING AND PAVEMENT MARKING PAY ITEMS 20 700-20-11 SIGN SINGLE POST (LESS THAN 12 SF) AS $250.00 2 $500.00 21 700-20-12 SIGN SINGLE POST (12-20 SF) AS $300.00 1 $300.00 22 700-20-60 REMOVE EXISTING SIGN (LESS THAN 12 SF) AS 550.00 1 $50.00 23 706-3 REFLECTIVE PAVEMENT MARKER (YELLOW) EA $5.00 22 $110.00' 24 711-11-123 THERMOPLASTIC, STANDARD, WHITE. SOLID. 12" LE $2.50 106 $265.00 25 711-11-125 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" LF $4.00 130 $520.00 26 710-11-160 THERMOPLASTIC, STANDARD. WHITE, MESSAGE" EA $105.00 2 $210.00 27 710-11-170 THERMOPLASTIC, STANDARD, WHITE, ARROW" EA $105.00 2 $210.00 28 711-11-211 THERMOPLASTIC. STANDARD. YELLOW. SOLID, 6" NM $5,000.00 0.084 $420.00 TOTAL SIGNING AND PAVEMENT MARKING PAY ITEMS= 52,585.00 ITEM PAY ITEM DESCRIPTION UNITS UNIT COST QUANTITY TOTAL AMOUNT DRAINAGE PAY ITEMS 29 425-1-541 INLET. DITCH BOTTOM, TYPE D, <10' EA $2.500.00 3 $7,500,00 30 425-1-711 INLET, DITCH BOTTOM, TYPE V. <10' EA $2,500.00 1 $2,500.00 31 425-1-901 INLET, TYPE F-3, <10' _ EA $2,500.00 2 55,000,00 32. 425-2-41 MANHOLE. TYPE D-4, <10' EA $3,000.00 _ 1 $3,000.00 33 425-2-42 MANHOLE, TYPE 0-4, >10' EA $3,200.00 2 $6,400.00 34 430-175-115 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 15" $D LF $50.00 87 $4,350.00 35 430-94-1 DESILTING PIPE 0-24" LF $5,00 210 $1,050.00 36 443-70-4 FRENCH DRAIN. 24" LF $85.00 115 59.775.00 TOTAL DRAINAGE PAY ITEMS= $39,575.00 SUBTOTAL ALL AREAS $153,071.00 37 102-1 MAINTENANCE OF TRAFFIC LS S15,307.10 1 $15,307.10 38 101-1 MOBILIZATION LS $15,307.10 1 S15,307.10 39 102-14 TRAFFIC CONTROL OFFICER (ALLOWANCE) LS _ 1 $800.00 40 OWNER ALLOWANCE LS 1 $10,000.00 41 PERMIT ALLOWANCE LS 1 $4,000 00 TOTAL BASE BID AMOUNT $198,485.20 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. PA-GGc L C Jc SW 1st Street from SW 27th Ave to SW 23rd Ave (Alt. "A") Project No. B-40325 - BID TABULATION FORM ITEM PAY ITEM DESCRIPTION UNITS UNIT COST QUANTITTY TOTAL AMOUNT ROADWAY PAY ITEMS 1 110-1-1 CLEARING AND GRUBBING AC $1,000.00 0.411 $411.00 2 120-1 REGULAR EXCAVATION CY $8.00 107 $856.00 3 160-4 STABILIZATION (LBR40) SY $4.00 320 $1,280.00 4 285-706 OPTIONAL BASE, GROUP 6 (18" LIMEROCK) SY $10.00 320 $3,200.00 5 327-70-1 MILLING EXISTING ASPHALT (1"AVG, DEPTH) SY $2.50 3,866 $9,665 00 6 331-2-1 TYPE S-I ASPHALTIC CONCRETE (1") (110 LBSISY) TN $80.00. 18 $1,440.00 7 331-2-3 TYPE S-III ASPHALTIC CONCRETE (1") (110 LBS/SY) TN $135.00 235.0 $31,725.00 8 425-5-1 MANHOLES (ADJUST) EA $200.00 5 $1,000.00 9 425-6 VALVE BOXES (ADJUST) EA $200.00 3 $600.00 10 520.1-10 CONCRETE CURB & GUTTER TYPE F LF $16.50 1.608 $26,532.00 11 520.2-3 2' CONCRETE VALLEY GUTTER LF $17.00 330 S5,610,00 12 522.1 CONCRETE SIDEWALK (4" THICK) (INCLUDES DETECTABLE WARNING) SY $40.00 55 S2,200,00. 13 522-2 CONCRETE SIDEWALK (6" THICK) SY $40 00 552 $22,080.00 14 570-1-2 PERFORMANCE TURF (SOD) SY $4 00 615 $2 460.00 15 710-11-111 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 8" NM $4,000.00 0.020 $80.00 16 710-11-122 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 8" LF $0,80 90 $72.00 17 710-11-123 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID. 12" LF $1.00 159 $159.00 18 710-11-124 PAINTED PAVEMENT MARKINGS. STANDARD, WHITE, SOLID, 18" LF $1.50 35 $52.50 19 710-11-125 PAINTED PAVEMENT MARKINGS. STANDARD, WHITE, SOLID, 24" LF 53.50 268 $938.00 20 710-11-160 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, MESSAGE" EA $50.00 3 $150.00 21 710-11-170 PAINTED PAVEMENT MARKINGS, STANDARD. WHITE. ARROW' EA $50.00 5 $250.00 22 710-11-211 PAINTED PAVEMENT MARKINGS, STANDARD. YELLOW. SOLID, 6" NM $3,500.00 0.054 $189.00 23 710-11-222 PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SOLID, 8" LF $080 89 $71.20 24 710-11-224 PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SOLID, 18" LF $1,50 71 $106.50 25 710-11-231 PAINTED PAVEMENT MARKINGS, STD., YELLOW, DOTTEDIGUIDELINE! 2'-4' GAP EXT., 6" LF $1,00 22 522.00 TOTAL ROADWAY PAY ITEMS= 51 11,149.20 ITEM PAY ITEM DESCRIPTION UNITS UNIT COST QUANTITY TOTAL AMOUNT SIGNING AND PAVEMENT MARKING PAY ITEMS 26 700-20-11 _ SIGN SINGLE POST (LESS THAN 12 SF) AS $250.00 1 5250.00 27 700-20-60 REMOVE EXISTING SIGN (LESS THAN 12 SF) AS $50.00 1 S50.00 29 700.48-58 SREPLACE EXISTING SING PANEL AS $150.00 1 $150.00 29 706-3 REFLECTIVE PAVEMENT MARKER (RED) _ EA 55.00 8 $40,00 REFLECTIVE PAVEMENT MARKER (YELLOW) EA S5.00 26 $130.00 30 711-11-111 THERMOPLASTIC, STANDARD, WHITE, SOLID, 6" NM $5,000.00 6 020 $100.00 31 711-11-122 THERMOPLASTIC, STANDARD. WHITE, SOLID, 8' LF $1.20 90 $108.00 32 711-11-123 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" LF $2.30 159 $365.70 33 711-11-124 THERMOPLASTIC, STANDARD, WHITE, SOLID, 18" LF $3.00 35 $105.00 34 711-11-125 THERMOPLASTIC, STANDARD. WHITE, SOLID, 24" LF $4.50 268 $1,206.00 35 711.11-160 THERMOPLASTIC, STANDARD. WHITE. MESSAGE" EA $120.00 3 $360.00 36 711-11-170 THERMOPLASTIC, STANDARD. WHITE, ARROW' EA $120.00 5 $600.00 37 711-11-211 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 6" _ NM $5,000.00 0.054 $270.00 38 711-11-222 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 8°' LF $1.20 89 $106.80 39 711-11-224 THERMOPLASTIC. STANDARD, YELLOW, SOLID. 18" LE $3.00 71 $213.00 40 711-11-231 THERMOPLASTIC, STANDARD. YELLOW, DOTTED/GUIDELINE/ 2'4' GAP EXT., 6" LF $1 30 22 928 E0 S4.083.10 TOTAL SIGNING AND PAVEMENT MARKING PAY ITEMS= ITEM PAY ITEM DESCRIPTION UNITS UNIT COST QUANTITY TOTAL AMOUNT DRAINAGE PAY ITEMS 41 425-1-711 INLET, DITCH BOTTOM, TYPE V, <10' EA $2,500.00 1 $2,500.00 42 425-1-712 INLET, TYPE D, <10' EA $2,500.00 2 $5,000.00 43 425-1-901 INLET, TYPE F-3, <10' EA $2,500.00 3 $7,500.00 44 425-2-42 MANHOLE. TYPE D4, >10' EA $3.000.00 2 $6,000.00 45 425-4 INLETS, ADJUST EA $200.00 1 $200.00 46 430-175-112 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 12" CD LF $50.00 3 $150.00 47 430-175-115 PIPE CULVERT, OPTIONAL MATERIAL, ROUND. 15" SD LF $50,00 84 $4,200.00 48 430-94-1 DESILTING PIPE 0-24" _ LF S5.00 300 $1,500.00 49 443-70-4 FRENCH DRAIN, 24" LF $85.00 70 55.950.00 _ TOTAL DRAINAGE PAY ITEMS= $33,000.00 SUBTOTAL ALL AREAS $148,232.30 50 102-1 MAINTENANCE OF TRAFFIC LS $14,823,23 1 $14,823.23 51 1101-1 MOBILIZATION LS $14,823.23 1 $14,823,23 52 102-14 TRAFFIC CONTROL OFFICER (ALLOWANCE) LS 1 $800.00 53 OWNERALLOWANCE LS 1 $10,000.00 54 PERMIT ALLOWANCE LS 1 $4,000.00 TOTAL ALTERNATE "A" BID AMOUNT $192,678.76 '0 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. 141A1GCGLct . 5.W. 2nd Terrace from SW 24th Ave to 5W 22nd Ave (Alt. "B") Project No. B-40325 - BID TABULATION FORM ITEM PAY ITEM DESCRIPTION UNITS UNIT COST' QUANTITTY TOTAL AMOUNT ROADWAY PAY ITEMS 1 110-1-1 CLEARING AND GRUBBING AC $1,000.00 0.160 6160.00 2 120-1 REGULAR EXCAVATION CY $10.00 32 $320.00 3 160-4 STABILIZATION (LBR 40) SY $5.00 94 $470.00 4 285-706 OPTIONAL BASE, GROUP 6 (18" LIMEROCK) SY $10.00 94 $940.00 5 327-70-1 MILLING EXISTING ASPHALT (1" AVG. DEPTH) SY $2.50 631 $1,577.50 6 331-2-1 TYPE S-I ASPHALTIC CONCRETE (1") (110 LBSISY) TN $85.00 6 $510.00 7 331-2.3 TYPE S-111 ASPHALTIC CONCRETE (1") (1113 LBSISY) TN $135.00 44 0 $5,940.00 8 425-5-1 MANHOLES (ADJUST) EA $200.00 1 $200.00 9 520-1-10 CONCRETE CURB 8 GUTTER TYPE F LF $16,00 586 $9,376.00 10 522-1 CONCRETE SIDEWALK (4" THICK) (INCLUDES DETECTABLE WARNING) SY $40.00 71 $2.840.00 11 522-2 CONCRETE SIDEWALK (6" THICK) SY $40.00 229 $9,160.00 12 570-1-2 PERFORMANCE TURF {SOD) SY 54.00 252 $1,008.00 13 710-11-123 PAINTED PAVEMENT MARKINGS. STANDARD. WHITE. SOLID. 12" LF $0.70 187 $130.90 14 710-11-125 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE. SOLID, 24" LF $2.50 122 $305.00 15 710-11-160 PAINTED PAVEMENT MARKINGS, STANDARD. WHITE. MESSAGE" EA $40.00 1 540.00 16 710-11-211 PAINTED PAVEMENT MARKINGS, STANDARD. YELLOW. SOLID, 6" NM $2,000.00 0.038 S70.00 TOTAL ROADWAY PAY ITEMS= $33,053,40 ITEM PAY ITEM DESCRIPTION UNITS UNIT COST QUANTITY TOTAL AMOUNT SIGNING AND PAVEMENT MARKING PAY ITEMS 17 706-3 REFLECTIVE PAVEMENT MARKER {YELLOW) EA $4.50 12 554.00 18 711-11-123 THERMOPLASTIC. STANDARD, WHITE. SOLID, 12" LF $2.20 187 $411.40 19 711-11-125 THERMOPLASTIC. STANDARD, WHITE, SOLID, 24" LF $3.60 122 $439.20 20 710-11-160 THERMOPLASTIC, STANDARD, WHITE, MESSAGE" EA 5110,00 1 $110.00 21 711-11-211 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 6" NM $4,500.00 0 038 5171.00 TOTAL SIGNING AND PAVEMENT MARKING PAY ITEMS-, $1,185.60 ITEM PAY ITEM IlikielteionkiThittspOr DESCRIPTION UNITS UNIT COST QUANTITY TOTAL AMOUNT DRAINAGE PAY ITEMS 22 425-1-713 INLET, TYPE V, J BOLT, <10 EA $2,500.00 1 $2,500.00 23 425-1-901 INLET, TYPE F-3, <10' EA $2,500.00 2 $5,000.00 24 425-2-42 MANHOLE, TYPE D-4, >10' EA 53,000.00 1 $3,000.00 25 425-4 INLETS, ADJUST EA $200.00 4 $800.00 26 43D-175-115 PIPE CULVERT. OPTIONAL MATERIAL, ROUND, 15" SD LF $50.00 26 $1,300.00 27 430-94-1 DESILTING PIPE 0-24" LF $5.00 54 $270.00 28 443-70-4 FRENCH DRAIN, 24" LF $85.00 25 $2.125.00 514,995.00 TOTAL DRAINAGE PAY ITEMS= SUBTOTAL ALL AREAS $49,234.00 29 102-1 MAINTENANCE OF TRAFFIC LS 54,923.40 1 $4,923.40 30 101-1 MOBILIZATION LS $4,923.40 1 $4,923.40 31 102-14 TRAFFIC CONTROL OFFICER (ALLOWANCE) LS 1 $800.00 31 OWNER ALLOWANCE LS 1 $10,000.00 32 PERMIT ALLOWANCE LS 1 $4,000.00 TOTAL ALTERNATE "B" BID AMOUNT $73,880.80 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. lt(,4Gco LC T,c7C, S.W. 3rd Street from SW 27th Ave to SW 22nd Ave (Alt. "C") Project No. B-40325 - BID TABULATION FORM ITEM PAY ITEM DESCRIPTION UNITS UNIT COST QUANTITTY TOTAL AMOUNT ROADWAY PAY ITEMS _ 1 110-1-1 CLEARING AND GRUBBING AC $1,000.00 0.437 S437.00 2 120-1 REGULAR EXCAVATION CY $10.00 32 5320.00 3 t60-4 STABILIZATION (LBR 40) SY $5.00 94 S470.00 4 285-706 OPTIONAL BASE, GROUP 6 (18" LIMEROCK) SY $10.00 94 $940.00 5 327-70-1 MILLING EXISTING ASPHALT (1"AVG. DEPTH) SY $2.50 3.675 S9,187,50 6 331-2-1 TYPE S-I ASPHALTIC CONCRETE (1") (110 LBS/SY) TN $85.00 6.0 $510.00. 7 331-2-3 TYPE S-Ill ASPHALTIC CONCRETE (1") (110 LBS/SY) TN $135.00 228.0 $30,780_CO 8 425-5-1 MANHOLES (ADJUST) EA $200.00 7 $1,400.00 9 425-6 VALVE BOXES (ADJUST) EA $200.00 6 $1,200.00 10 520-1-10 CONCRETE CURB 8 GUTTER TYPE F LF $16.00 1,821 $29,136.00 11 520-2-3 2' CONCRETE VALLEY GUTTER LF $16.00 20B $3,328.00 12 522-1 CONCRETE SIDEWALK (4" THICK) (INCLUDES DETECTABLE WARNING) SY $40.00 134 S5,360.00 13 522-2 CONCRETE SIDEWALK (6" THICK) SY $40.00 694 $27,760.00 14 570-1-2 PERFORMANCE TURF (SOD) SY $4.00 723 $2,892.00 15 710-11-111 PAINTED PAVEMENT MARKINGS. STANDARD. WHITE, SOLID, 6" NM $3,000.00 0.100 $300.00 16 710-11-122 PAINTED PAVEMENT MARKINGS. STANDARD, WHITE, SOLID, 8" LF $0.50 207 $103.50 17 710-11-123 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 12" LF $1.00 531 S531.00 18 710-11-124 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 16" LF S1.20 102 S122.40 19 710-11-125 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 24" LF $3.00 453 $1,359.00 20 710-11-131 PAINTED PAVEMENT MARKINGS, STD., WHITE, SKIP, 6", (10' - 30') GM $23300.00 0.090 $180.00 21 710-11-160 PAINTED PAVEMENT MARKINGS. STANDARD. WHITE,, MESSAGE" EA $50.00 2 $100.00 22 710-11-170 PAINTED PAVEMENT MARKINGS, STANDARD. WHITE, ARROW' EA $50.00 7 $350.00 23 710-11-211 PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SOLID, 6" NM $2.500.00 0.129 $322.50 24 710-11-222 PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SOLID. B" LF $0.50 320 $160.00 25 710-11-224 PAINTED PAVEMENT MARKINGS. STANDARD, YELLOW, SOLID. 18" LF S1.20 128 $153.60 25 710-1 i-231 PAINTED PAVEMENT MARKINGS, STD.. YELLOW. DOTTED/GUIDELINE! 2'-4' GAP EXT., 6" LF Si 00 36 $36.00 TOTAL ROADWAY PAY ITEMS= S117.438.50 ITEM PAY ITEM DESCRIPTION UNITS I UNIT COST QUANTITY TOTAL AMOUNT SIGNING AND PAVEMENT MARKING PAY ITEMS 27 706 3 REFLECTIVE PAVEMENT MARKER (RED) EA 55.00 76 S380.00 REFLECTIVE PAVEMENT MARKER (YELLOW) EA $5.00 31 S155.00 28 711-11-111 THERMOPLASTIC. STANDARD. WHITE, SOLID, 6" NM $4,20000 0.100 $420.00 29 _ 711-11-122 THERMOPLASTIC, STANDARD, WHITE, SOLID, 8" LF $1.00 207 $207.00 30 711.11-123 THERMOPLAST€C, STANDARD. WHITE. SOLID. 12" LF $2.20 531 $1,168.20 31 711-11-124 THERMOPLASTIC, STANDARD. WHITE. SOLID, 18" LF $3,00 102 S306.00 32 711-11-125 THERMOPLASTIC, STANDARD. WHITE. SOLID, 24" LF $3.10 453 $1,404.30 33 710-11-131 THERMOPLASTIC, STANDARD, WHITE. SKIP. 6". (10'-30') GM $4,000.00 0.090 $360.00 34 711.11-160 THERMOPLASTIC, STANDARD. WHITE. MESSAGE" EA 5120,00 2 $240.00 35 711-11-170 THERMOPLASTIC, STANDARD, WHITE, ARROW' EA $120.00 7 $840.00 36 711-11-211 THERMOPLASTIC, STANDARD, YELLOW, SOLID. 6" NM $4,000,00 0.129 S516.00 37 711-11-222 THERMOPLASTIC. STANDARD, YELLOW, SOLID, 8" LF $1.00 320 $320.00 38 711-11-224 THERMOPLASTIC. STANDARD, YELLOW, SOLID, 18°' LF $3.00 128 $384,00 39 711-11-23t THERMOPLASTIC. STANDARD YELLOW, DOTTED(GUJDELINEJ 2'-4' GAP EXT.. 6" LF $1,20 36 543.20 TOTAL SIGNING AND PAVEMENT MARKING PAY ITEMS= S6.743.70 ITEM PAY ITEM TFIPIALPPY DESCRIPTION UNITS UNIT COST QUANTITY TOTAL AMOUNT DRAINAGE PAY ITEMS 40 425-1-713 INLET. TYPE V. J BOLT. <10 EA $3,200,00 3 $9,600.00 41 430 175 112 PIPE CULVERT, OPTIONAL MATERIAL. ROUND, 10" CD LF $45.00 3 $135.00 42 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 12" CD LF $45.00 6 S270.00 43 430-175-115 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 15" SD LF $45.00 22 S990.00 44 430-94-1 DESILTING PIPE 0-24" LF $4.00 711 S2,844.00 TOTAL DRAINAGE PAY ITEMS= $13,839.00 SUBTOTAL ALL AREAS $138,021.20 45 102-1 MAINTENANCE OF TRAFFIC LS S13,802.12 1 $13,802.12 46 101-1 MOBILIZATION LS $13,802.12 1 $13,802.12 47 102-14 TRAFFIC CONTROL OFFICER (ALLOWANCE) LS 1 S800.00 43 OWNER ALLOWANCE LS 1 S10,000.00 49 PERMIT ALLOWANCE LS 1 $4,000.00 TOTAL ALTERNATE "C" BID AMOUNT =swim* $180,425.44 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. kilAG Got-C- S.W. 4th Street from SW 27th Ave to SW 22nd Ave (Alt. "D") Project No. B-40325 - BID TABULATION FORM ITEM PAY ITEM DESCRIPTION UNITS UNIT COST QUANTITTY TOTAL AMOUNT ROADWAY PAY ITEMS 1 110-1-1 CLEARING AND GRUBBING AC $1,000.00 0.443 $443.00 2 327-70-1 MILLING EXISTING ASPHALT (1"AVG. DEPTH) SY $2.50 3,488 $8,720.00 3 331-2-3 TYPE S-III ASPHALTIC CONCRETE (1") (110 LBSISY) TN $135,00 192,0 $25,920.00 4 425-5-1 MANHOLES (ADJUST) EA $200.30 5 $1,000.00 5 425-6 VALVE BOXES (ADJUST) EA $200.00 1 $200.00 6 520-1-10 CONCRETE CURB B GUTTER TYPE F LF $16.00 2,213 $35,408.00 7 522-1 CONCRETE SIDEWALK (4" THICK) (INCLUDES DETECTABLE WARNING) SY $40.00 128 $5,120.03 8 522-2 CONCRETE SIDEWALK (6" THICK) SY $40.00 422 $16,880.00 9 570-1-2 PERFORMANCE TURF (SOD) SY $3.00 1,103 $3,309.00 10 710-11-123 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 12" LF $0.70 656 $459.20 11 710-11-125 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 24" LF S300 53 $159.00 12 710-11-211 PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SOLID, 6" NM $2 000.00 0.076 $152,00 TOTAL ROADWAY PAY ITEMS= $97,770.20 ITEM PAY ITEM DESCRIPTION UNITS UNIT COST QUANTITY TOTAL AMOUNT SIGNING AND PAVEMENT MARKING PAY ITEMS 13 700-20-11 SIGN SINGLE POST (LESS THAN 12 SF) AS $250.00 4 $1,000.00 14 700-20-12 SIGN SINGLE POST (12-20 SF) AS $350.00 1 $350.00 15 700-20-60 REMOVE EXISTING SIGN (LESS THAN 12 SF) AS $50.00 1 $50.00 16 700-48-58 SIGN PANEL, REMOVE AS $30.00 3 $90.00 17 706-3 REFLECTIVE PAVEMENT MARKER {YELLOW) EA $5.00 24 $120.00 18 711-11-123 THERMOPLASTIC. STANDARD, WHITE, SOLID, 12" LF _ $2.10 656 $1,377.50 19 711-11-125 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" LF $3.50 53 $185.50 20 711-11-211 THERMOPLASTIC. STANDARD, YELLOW, SOLID, 6" NM $400000 0.076 $304.00 TOTAL SIGNING AND PAVEMENT MARKING PAY ITEMS= $3.477.10 ITEM PAY ITEM DESCRIPTION UNITS UNIT COST QUANTITY TOTAL AMOUNT DRAINAGE PAY ITEMS 21 425-1-901 INLET, TYPE F-3, <10' EA $2,300,00 5 $11,500.00 22 425-2-41 MANHOLE, TYPE D-4, <10' EA 53,000.00 3 $9,000.00 23 425-4 INLETS, ADJUST EA $200.00 5 $1,000.00 24 430-175-115 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 15" SD LF $45.00 54 $2,430.00 25 430-94-1 DESILTING PIPE 0-24" LF $5.00 141 $705.00 25 443-70-4 FRENCH DRAIN, 24" LF $85.00 75 S5.275,00 TOTAL DRAINAGE PAY ITEMS= $31,010.00 SUBTOTAL ALL AREAS $132,257.30 27 102-1 MAINTENANCE OF TRAFFIC LS $13,225.73 1 $13,225.73 28 101-1 MOBILIZATION LS 513,225,73 1 $13,225.73 29 TRAFFIC CONTROL OFFICER (ALLOWANCE) LS 1 $800 00 30 OWNER ALLOWANCE LS 1 $10,000.00 31 PERMIT ALLOWANCE LS 1 $4,000,00 TOTAL ALTERNATE "D" BID AMOUNT $173,508.76 r GRAND TOTAL BASE BID PLUS ALTERNATES $818,978.96 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 4of11) Part I: DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS III AND IV (If applicable) Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Add ndum No. 4, Dated V Part II: No addendum was received in connection with this Bid. Part III; Certifications The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated requirements. 1. Community Small Business Enterprise ("CSBE") Requirements Bidder certifies that it has read and understood the provisions of City of Miami Ordinance 13331, codified as Section 18-89 of the City Code, pertaining to the implementation of a "Community Small Business Enterprise" requirement. Evaluation of bidder's responsiveness to Ordinance Section 13331 shall be a consideration in the award of a contract. 2. Non -Collusion Bidder certifies that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person. Bidder certifies that the selected independent third -party verifier will verify and certify compliance data and reports honestly and accurately; and 3. Drug Free Workplace The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Bidder's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug -free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug -free workplace; (iii) 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 by subparagraph (1); 82 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 5 of 11) (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs(1) through (6); and 4. Lobbying The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. 83 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 6 of 11) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure; and Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per QMB). 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, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 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. (e) In addition, factors to be considered in determining responsibility of prospective contractual parties shall include but not be limited to: (1) Bidder does have availability of appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain them, to meet all contractual requirements; (2) Bidder does have a satisfactory record of performance; (3) Bidder does have a satisfactory record of integrity; (4) Bidder does possess qualified legal standing to contract with the city; (5) Bidder will be in compliance in supplying all requested information connected with the inquiry concerning responsibility; (f) Bidder has not had a termination, suspension, or cancellation of a City contract, in whole or in part, for cause, due to a default by the bidder or offeror, within the past five (5) years, which has not been reversed on appeal by a court of competent jurisdiction; or (g) Bidder has not withheld a payment or nonpayment of moneys due the City from the Bidder or Offeror, within the past five (5) years, unless the full amount of such moneys due the city 84 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 7 of 11) (h) have been deposited with a court of competent jurisdiction in Miami -Dade County, Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court", as amended, or other applicable Federal, State or Local Rules of Court, and are subject to distribution to the city or withdrawal by the city by order of the court. (i) The Bidder shall provide any information requested by the chief procurement officer or purchasing agent concerning responsibility. If such contractual party fails to provide the requested information, the determination of responsibility may be made upon available information or the prospective contractual party may be found nonresponsible. The prospective contractual party may demonstrate the availability of necessary financial, equipment, facility, and personnel resources by submitting: (1) The bidder will, upon request, furbish evidence that the contractual party possesses such necessary resources; (2) Bidder affirms it has acceptable plans to subcontract for such necessary resources; or (3) Bidder will, upon request, submit a documented commitment for, or explicit arrangement with, satisfactory sources to provide such necessary resources. 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 in writing. 6. Local Workforce Participation Requirements The Bidder certifies to the best of its knowledge and belief, that it and its principals: (a) have read and understood the provisions of City of Miami Ordinance 13332, codified as Section 18-89 of the City Code pertaining to the local workforce participation requirements on a quarterly basis; (b) have identified in City Form Subcontractor Utilization ("SU") a third party independent who verifies and is properly licensed under the provisions of F.S. 454,471,473, or 481 and who is not with the contractor; and (c) the selected third party, who independently verifies compliance with this section, must have a minimum of 2 years experience as required in Ordinance No. 13332, codified as Section 18-89 of the City Code; Part IV; Certification — Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of Section 553.60, et. seq., Florida Statutes, the Trench Safety Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. Bidder acknowledges that included in the various items of the proposal and in the total Bid price are costs for complying with the Florida Trench Safety Act. These items are a breakout of the respective 85 Beacom Project Area Improvements — Phase 11 ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 8 of 11) items involving trenching and will not be paid separately. They are not to be confused with bid items in the schedule of prices, nor be considered additional Work. The Bidder further identifies the costs and methods summarized below: Quantity Unit Description Unit Price Price Extended . Method reitAG14 geY LF 20 % 40), 1irf, Total $ 400 . c Attached is a Bid Bond [✓], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ] No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this Bid and certifies to the above completing the spaces provided below. a g. iy-ot i.t.)-"C • Firm's Name: Signature: Printed NamefTitle: City/State/Zip: otA,w: Telephone No.: 56 1- �9/© a2 g¢ 9 Facsimile No. g6l'47 Z- 6©4� QLJ tail Address: Pt,p: G( itvn Social Securit y No. or Federal Dun and GO� � � 3 $�� I.D.No.: W - 3345 S Bradstreet No.: (if applicable) ed in Part III and IV by signing and If a partnership, names and addresses of partners: iU/i4- 1 I`e t d / 3J/1 __ 86 Beacom Project Area Improvements - Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 9 of 11) CERTIFICATE OF AUTHORITY (IF CORPORATION) �/ I HEREBY CERTIFY that at a meeting of the Board of Directors of r�'I ° +► (C JC • , a corporation organized and existing under the laws of the State or , r`,d , hel on the /4 day of Tu z e- , ZOOS, a resolution2was duly passed and adopted authorizing (Name) /i�ar o GcW Zr_'e_eas (Title) 4. cp of the corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITN S HEREOF, l have hereunto set my hand this /4, day of , 20 /4-. Secretary: Print: I Q C I. Vd / I HEREBY CERTIFY CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) at that State of , held on the day a meeting of the Board of Directors of , a partnership organized and existing under the laws of the a resolution was duly passed and adopted authorizing (Name) as Title) of the to execute bids on behalf of the partnership and provides that his/her exec • ion thereof, attested by a partner, shall be the official act and deed of the partnership. 6 further certify that said partnership agreement remains in full for : and effect. Partner: Print: IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20 CERTIFI TE OF AUTHORITY (IF JOI VENTURE) Joint ventures must submit a joint venture agreement 1 :` ating that the person signing this Bid is authorized to sign Bid documents on behalf of the joint venture. there is no joint venture agreement each member of the joint venture must sign the Bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual). 87 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 10 of 11) CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIF *.t, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Bid to wh ►• this attestation is attached. Signed: Print: IN WITNESS WHEREOF, I have hereu et my hand this , day of , 20 88 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID FORM (Page 11 of 11) NOTARIZATION STATE OF ZO ►'7' , Q� ) COUNTY OF ► ) SS: The foregoing instrument was acknowledged before me this day of --11). 20 , by VV):),0 produced Gry SIGNATURE df``NOTARY PUBLIC STATE OF FLORIDA .� 1s,0t6, W4 r , PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC , who is personally known to me or who has as identification and who (did 1 did not) take an oath. PATRICIA A. RIVERA MY COMMISSION #EE73340 7'47,1RES: MAR 13. 2015 Nan* ist State insurance 89 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Section 5- Attachments BID BOND FORM (Page 1 of 3) State of Florida ) County of Dade )SS: City of Miami ) KNOWN ALL PERSONS BY THESE PRESENTS, that Maggolc, Inc. as Principal, and Berkley Insurance Company as Surety, are held and firmly Five Percent of bound unto The City of Miami, in the penal sum of Amount Bid Dollars ($'*''******5%****** **') lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid, dated July 14 , 2014 , for: BEACOM PROJECT AREA IMPROVEMENTS — PHASE II — D3 - PROJECT NO. B-40325 NOW THEREFORE: (a) If the principal shall not withdraw said Bid within one hundred twenty (120) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the City, in accordance with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or, (b) In the event if the withdrawal of said Bid within the period specified, or the failure to enter into such contract and give such bond within the time specified, if the principal shall pay the City the difference between the amount specified in said Bid and the amount for which the City may procure the required Work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this 14th day of July 2014 the name and corporate seal of each party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership, Partnership, or Joint Venture, two (2) Witnesses are required. If Corpor. '•n, Secretary only w'-st and affix seal.) See Power of Attorney Attached Surety Secretary PRINCIPAL: Maggolc, Inc. (Name of Firm) Affix a rr'e . O.A{z8eal ture of authorized officer) (Title) 11020 SW 55 Street (Business Address) Miami, FL 33165 City State Zip Surety: (Corporate Surety) B-rkl-y Insurance Com•any 10111111 ature of Authoriz• officer) ( ig Affix Seal Michael A. Bonet, Attorney -In -Fact & FL Resident Agent (Title) 7380 Sand Lake Road, Ste. 500 (Business Address) Orlando, FL 32819 City State Zip 91 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL Corporation named as Principal in the within bond; that said corporation; that I know his signature, and the signatu duly signed, sealed and attested for and in behalf of sat. It° STATE OF FLORIDA COUNTY OF DADE CITY OF MIAMI )SS certify that I am the Secretary of the 'A�Z%d 6o4)At- , P4CZ* i,'6vg e hereto is genuine; and -that said bond was poration by authority of its governing body. (Corporate Seal) Before me, a Notary Public duly commissioned, and qualified, personally appeared Michael A. Bonet to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney -in -fact, for the Berkley Insurance Company and that he/she has been authorized by Berkley Insurance Company to execute the foregoing bond on behalf of the Contractor named therein in favor of The Cjami, Florida. Subscribed and sworn to before rye this 14th/ ..y of ul 2014 INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions to Bidders Beacom Project Area Improvements - Phase II ry Public, tate of Florida at Large My Commission Expires; November 7, 2015 92 osrt A` Notary Public State of Florida Carmen E Pillot A.7 My Commission EE144302 Gov eo4P Expires 1110712015 ITB No.: 12-13-051 POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE No. BI-10071 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Senior Vice President & Secretary Berkl y n urance Company By( e a er n or V ce President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) ) ss: COUNTY OF FAIRFIELD ) NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted • and appointed, and does by these presents make, constitute and appoint: Roy V. Fabry or Michael A. Bonet of Kahn -Carlin & Co., Inc. of Miami, FL its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing • that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such • bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has cps d these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this22_ day of , 2013. Attest: Ira S. Led y 0, E -n 0 • Sworn to before me, a Notary Public in the State of Connecticut, this 7 day of , 2013,, by Ira S. Lederman and • Jeffrey M. Hatter who are sworn to me to be the Senior Vice President and Secretstt and th Senior Vice resident, respectively, of Berkley Insurance Company. / - < 4 z1,4 CERTIFICATE 1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a CC• v true, correct and complete copy of the original Power of Attorney; that said Power / f Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed t ,=f bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this 1 1 day of (Seal) Notary Public, State ofC THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group is the affiliated underwriting manager for the surety business of: Acadia Insurance Company, Berkley Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union Insurance Company. To verify the authenticity of the bond, please call (866) 768-3534 or email BSGlnquiry(?berkleysurety.com Any written notices, inquiries, claims or demands to the surety, on the bond to which this Rider is attached should be directed to: Berkley Surety Group 412 Mount Kemble Avenue Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or email BSGClaim(.berkleysurety.com Please include with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please identify the project to which the bond pertains. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. SUPPLEMENT TO BID FORM: QUESTIONNAIRE This Completed Form Must Be Submitted With The Bid, The City May, At Its Sole Discretion, Require That The Bidder Submit Additional Information Not Included In The Submitted Form. Such Information Must Be Submitted Within Seven (7) Calendar Days of The City's Request. Failure To Submit The Form Or Additional Information Upon Request By The City Shall Result In The Rejection Of The Bid As Non -Responsive. Additional Pages May Be Used Following The Same Format And Numbering. By submitting its Bid the Bidder certifies the truth and accuracy of all information contained herein. A. Business Information 1. How many years has your company been in business under its current name and ownership? q y-eqr.3 a. Professional Licenses/Certifications (include name and number)* Issuance Date — r E Q./ fe t'dL r,. .,/ (4--Z) & (E 2s/-3cZ) /10ffr-eCT- - ff D t/ y ► ' 0 rArca oar' PAtiapiye__ a 4 8 86) 700/a �^^—51tA- .tess 6 - . (066E- `/�/a4)�'"' 1 Liao` 'y) ,5 a a cL4 e Gte...ss u- ei 60 3 E fez /?- ..f.,,�- J (%4,�j c� ) (*include ac a certifications of community small business enterprise & name of certifying entity) 4 b. Date c m any licensed A' & _ by Dept. Qf Professional Regulation: t1,e A //44 s - aU o t ;c D c 4. ,9-e/c, c. Qualified Business License: 2-Yes1=1 No If Yes, Date Issued: O s- C-'S d. What is your primary business? G{v't'v ( -,t G,-e +~t,. -o,, ficivatas 1,0-7.e. (This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.) e. Name of Qualifier, license nu ber, and relationship to company: (A, x.. (l ti /c2g488 $ a dc, d t) G - -C• -257-30Z „pen, `cat er- -+'dam f. Names of previous Qualif-rs during the past five (5) years including, li -nse numbers, relationship to company and ears as qualifier for the company 2. Name and Licenses of any prior companies Name of Company License No. /0,74 Issuance Date 3. Type of Company: ❑ Corporation "S" Corporation ❑LLC❑Sole Proprietorship❑Other: (Corporations will be required to provide a copy of their corporate resolution prior to executing a contract) 93 Beacom Project Area Improvements - Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. 4. Company Ownership a. Identify all owners of the company. Name Title % of ownership ICI HO 66fry z.cd er-e 5--r\ / d? 7d b. Is any owner identified above an owner in another company? ❑ Yes o If yes, identify the name of the owner, other company names, and % ownership c. identify ail individuals authorized to sign for the company, indicating the level of their authority (check applicable boxes and for other provide specific levels of authority) Name Title Signatory Authority All Cost No -Cost Other goo? 6 le Pam, s - ❑ ❑ ❑ ❑ ❑ ❑ Explanation for Other: (Note: "All" refers to any type of document including but not limited to contracts, amendment, change proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost" refers to CPRs, COs. No -cost refers to RFIs, Notices, and other similar documents) 5. Employee Information Total No. of Employees: /0- Number of Managerial/Admin. Employees: Z- Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) '= - 4 een-t /4--,7,064a,-__ 4 How many employees are working under H2B visas? /00"-A-t 94 Beacom Project Area Improvements - Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. 6. Has any owner or employee of the company ever been convicted of a federal offense or moral turpitude: If yes, please explain: ,AJ O 7. Insurance & Bond information a. Insurance Carrier name & address: 64.5--j e-v-.4 T--t - > -. cam. G t. 9$ O 6-cA) (eq' ,It k i'4 a' / CF( 33 l 4- b. Insurance Contact Name, telephone, & -mail: 'Oa tlr'd vier fie i e 4 3of- Srq,S'33 23 F .cifC e g► S� c. Insurance Experience Modification Rating (EMR): 1 - 0 (if no EMR rating please explain why) d. Number of Insurance Claims paid out in last last 5yye_ars & value: Olie . dam. e. Bond Carrier name & address: Cj4 - ea—r- ,rr i c r `� . C 3i35 o a-c,0- In Pr')c-ie > hu1 1 ,(,,�t � f ctt 33/33 f. Bond Carrier Contact Name, tele 1 fier‘AR -30S- 446 - 2 ?-1 hone, & e-mail: fv[.(RC 00.9,4- F' aa': 3tZs=44ik311.41 ho etR. kctf~r•-Car6'M g. Number of Bond Claims paid out in last 5 years & value: 1 p P1,� 8. Have any claims lawsuits been file against your company in the past 5 years, If yes, identify all where your company has either settle or an adverse judgment has been issued against your company. Identify the year basis for the claim or judgment & settlement unless the value of the settlement is covered by a written confidentiality agreement. No LAP 9. To the best of your knowledge is your company or any officers of your company currently under investigation by any law enforcement agency or public entity. If yes, provide details: /C/4 Pte, 10. Has your company been as -d liquidated damages or defaulted on a project in the past five (5) years? Yes fl o (If s, provide an attachment that provides an explanation of the project and an explanation. 11. Has your company been cited for any OSHA violations in the past five (5) years? If yes, please provide an attachment including all details on each citation, ,ij Q 12. Provide an attachment listing all of the equipment with 9. valu of $5,000 or greater, owned by your company. ( see_ 0L �' t G 4, 95 Beacom Project Area Improvements - Phase II ITS No.: 12-13-051 ov tic.7%, cep THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. B. Project Management & Subcontract Details 1. Project Manager for this Project: /] a. Name: / Q ►' r'd 606.) b. Years with Company: c Licenses/Certifications: f it e- f ►�5 ' �.� e a—✓ d gt 1 ► - FxCt'-V 4 d. Last 3 projects with the company including role scope of work, & valug of project: Odr wr AcA.2 .��' t� 2L-rs sy. ��"r1y 'f ��o-.- 4 4,f �{�.� Yllw w—1 C�� � 0j 5-0V. a C � c � Ii�+^-a'a _a; cam-.- ,1'a../. � . �.--�► . e., - e cSLt)k• Z'r,cl/t et-v-J (utCY�,/ ' e_A • 947?; /32, la..sea.y �} r e-r e ileNj #1-41,7 . 3 5, 9 2. Subcontractors: Name Trade % of Work License No. Certification* /6'(;244Alf dr7;(49Lr'17 ,5/4-7)et-r‘47 cZ- /a6.5dariy /15'7 t?- t(A1-0 eOett)iy) ('active certifications of community small business enterprise & name of certifying entity) 3. Scope of actual construction work to be performed by your company and the corresponding percentage of the work: {This does not include such items as insurance * bonds, dumpsters, trailers, and other similar non - construction work items) C. Current and Prior Experience: 1. Current Experience including projects currently under construction, recently awarded, or pending award (Provide an attachment to this questionnaire that lists all such projects, including the owner's name, title and value of project, scope of work, projected or actual start date, projected completion date, and number of company trades personnel assigned to the project) 2. Prior Projects of a similar size, scope and : Provide an attachment to this Questionnaire that includes Completed Projects the Proposer considers of a similar, size, scope and complexity that the City should consider in determining the Bidders responsiveness and responsibility. This attachment must include the project that meets the minimum number of projects identified by the bid solicitation. Information provided must include the owner's name , address and contract person, including telephone & e-mail, title of project, location of project, scope, initial value and final cost of the project, projected and final timeframes for completion in calendar days and the number of company trades personnel, by classification, that were assigned to the project. The delivery method, including, but not limited to; design -build, CM@Risk, Design -Bid -Build, etc. is to be identified for each Project. If there is a difference between the initial and final cost or 96 Beacom Project Area improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. initial and actual timeframe provide details on why the differences exist. A reference letter is to be completed by the owner of the Project and submitted as part of the Bid submission. D. Bidder's References Bidders are to include a minimum of five (5) references from completed projects listed in C.2 above. The attached form is to be used and is to be included with the Bid submission. The City, at its sole discretion may allow the Bidder to submit the references after the specified date for Bid submission. 97 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. eitp of Muni To Whom it May Concern Subject: Reference Letter Name of Bidder: The above referenced contractor is submitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as any other information your feel is pertinent: /�� Name of Project: Rah 44A, �(f%1 Pot WAY lI APLUL 6,-0 E 55 Scope of work: Vet b`Q©N`dr AD 416 ttt IVENS ar--)1/44tf. 45 104 lit gLI Value of project: $ 1€991/41.*) VI . 0(7 Date Completed: (A) al (�6)7')�iQ( ` / !r Percentage of physical construction work self -performed by Contractor: Was project completed on time & within budget: [ Yes ❑ No If no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No/, If yes, please provide details: Tony E. Crapp, Jr. City Manager Comments: vio.AL dTr 1b5 �„�f f1iic hC6- i %ow akt,c1 r�c1d 4,ddikii PrL ryy,CflW? + 4k I Arae:". Thank you for your assistance in helping us in evaluating our bid solicitation Name of individual completing this form: Signature: Telephone 3 ..)2610-6 s1 Sincerely, Albert Sosa, P.E. Assistant Director of Infrastructure AN it6 Co elk' Date: 3 iS / V Title: c'fi�j � -� UYG`✓ �'L E-mail: i toitE.C.p jd+. 5 ; Pt.. (45 CDBG - SW 19th Terrace Improvements, B-30695 103 ITB No: 10-11-010 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. JOHNNY MARTINEZ, P.E. City Manager To Whom it May Concern Subject Reference Letter Name of Bidder: M/?G aot c The above referenced Contractor is submitting on a bid solicitation that has been Issued by the City of Miami. We require that the Bidder provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as any other information yob feel Is pertinent: of Project: /,/c"/c as re re ss v2 3 Scope of work: Value of project $ � j 13, a Date Completed: Percentage of work self -performed by Contractor: °r6 Was project completed on time & within budget Yes ❑ No If no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No If yes, please provide details: '- / D DYl,� 600d t �a'o i 0 f (e FJr 6% G�iW n _ ►. plans/ VJ6WPve.r ,.° (G 016re_d Comments: ow W a 5 s 1-i t l dcoi -ram y ,ric reS -,5i. +o e" FS a- OCrricer,-i ,5. by — Thank you for your assistance in helping us in evaluating our bid solicitation. Name of individual completing this form: 6 r a-.e..( (-i, vtP Date: 1— Z(-l— 1 } Sincerely, Mark Spanioll, P.E., Director Capital Improvements Program E-mail: Title: i 6411-54e /l1414LLa)2 r- ma --+ v,t,,_cra JI'ii t►'lItarvt+� Beacom Project Area Improvements — Phase I 92 ITB No.: 12-13-011 Pinecrest Public Works 305 669 6919 p.1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. JOHNNY MARTINEZ, P.E. City Manager To Whom it May Concern Subject: Reference Letter Name of Bidder. RAG GOG G -,4-7L' • The above referenced Contractor is submitting on a bld solicitation that has been issued by the City of Memi. We require that the Bidder provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as k any ea information your feel is pertinent: Name of Project t ra'i pQ r* /2a4• 5tc,'NA td a-11-er _Z ,c?'d 5 Scope of work PRAIA/4 E 4A/D QQADW4Y rMeP-D✓E , Ts Va ue of project $ � g / (4 2- . Q © Date Completed: / 2 $ (_" rimrruiioii,cooir Was pro ect completed on lime & within budget E Yes 0 No If no, was the contractor at fault or contribute to the delay(s) or Increased cost? 0 Yes 0 No If yes, please provide detals: 41S.C=,, O eVAg f7?, A d'iv/f#4c7 wo,gr. Comments: !z/o.G"4,0 L IS --A/., - „ott- .c.• . Thank you for your assistance in helping us in evatuating our bid solicitation. Name of Individual completi is form: L1P-&U M O en-1 Date: �1 3 signature: ��.,,e The: PULL-jC 1iU ©IQkGS I) IIQGGr0,Q Telephone: 3O _4 Cal_ 64 (Ao E-mail: M eke -Fri dt PrioecRES'%_FL+6O1rl Sincerely, Mark Spanioli, P.E., Director Capital Improvements Program ITB No. 12-13-048 NW 14th Street Health District THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. JOHNNY MARTINEZ, P.E. City Manager To Whom it May Concern Subject: Reference Letter Name of Bidder: Al 4660 L C ,.t a. The above referenced Contractor is submitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as any other information your feel is pertinent: Name of Project: <rri eof La "GI /tIa " at- cPrc? tier 7e- ?r-4-7,p de.. 64.4.P.. ,s Scope of work: 8k 1} 'i',d oA nrJ) PL Alamo. lid / pe q- P ra4/M Value of project: $ 44. t?0bDate Completed: May ZPL Percentage of work self -performed by Contractor: 80 % Was project completed on time & within budget: I 1 Yes ❑ No If no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Villigo r pe 4 '» tl it in & 1 44et it to Thank you for your assistance in helping us in evaluating our bid solicitation. Name of individual completing this form: Seim (pe( Date: 01 13 Signature: ��Nt Title: Autylifte Telephone: WS- 4S--Vtoo E-mail: Sege, C00i '>7 @C.COM Sincerely, Mark Spanioli, P.E., Director Capital Improvements Program ITB No. 12-13-048 NW 14th Street Health District THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. JOHNNY MARTINEZ, P.E. City Manager To Whom it May Concern Subject: Reference Letter Name of Bidder: The above referenced contractor is submitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as any other information your feel is pertinent: Name of Project: Scope of work: - � T S C� C- f r OTGU _. pttic y 6-1.-i& J 7 20 U,r/ - Value of project: $ [J J (a VD Date Completed: 415 C G 1, 236 1 p o c� Percentage of physical construction work self -performed by Contractor: 7o % Was project completed on time & within budget: Xi Yes ❑ No If no, was the contractor at fault or contribute to the delay(s) or increased cost? 0 Yes ❑ No If yes, please provide details: Co ,v.s,Jc - )E 4 p/�� Lac CV c7e 46 .0i Lri S /rF rl/ 4 t/�orre' -: r i rJ C./ /74-V//J6' ri4 /Lc/ A/4 Comments: / /c Gpa ©E1r / C. . 5 , Z-©).. f ti.ac/ vim. V'6/r 44 /q_44 47 p6 , Thank you for your assistance in helping us in evaluating our bid solicitation. Name of indivi mpleting this for : -:/134acJJ,.,.) ,Q , �i4w9Lf4 - Date: G. .5. / 3 Signature: Title:&4/5.' e60R4//J,47-0/\ - "fi,M, ‘),d.da au/Ain pwZ Telephone:` © ,- 'r ijg4i E-mail: / /`'c, e m /rr m l out d e . co v Sincerely, - 2.q t 9 Z 1- Mark Spanioli, P.E., Director Capital Improvements Program ITB No. 12-13-048 NW 14th Street Health District THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. JOHNNY MARTINEZ, P.E. City Manager To Whom it May Concern Subject: Reference Letter Name of Bidder. The above referenced Contractor is submitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as any other information your feel is pertinent: � 'oad � ��� Name of Project: 444.41 ud 8 .5t.//¢ er. 2, &i cr9e °t'y `'`' Scope of work: e.f>I i"N 4xL-S�'3 , 447 i`.IltLt- ILLEI . Value of project: $ 4-z=J , vc:;E:) Date Completed: - 2 " l' Percentage of work self -performed by Contractor: Was project completed on time & within budget: El Yes ❑ No If no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No If yes, please provide details: p'Lev7 d 21.3 Comments: Thank you for your assistance in helping us in evaluating our bid solicitation. (2orpea-1' ;Er rD r \ Date: 6 — 2 0 -13 Name of individual comp his form: Signature: ..... � Title: BUM e'—T M Telephone: 4 lt-P 1. P2-- E-mail: F--' '"rtt0 ML .r ' Co N - Sincerely, Mark Spanioli, P.E., Director Capital Improvements Program ITB No. 12-13-048 NW 14th Street Health District THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. SUPPLEMENT TO BID FORM CUSTOMER REFERENCE LISTING (Page 1 of 1) Bidders may furnish the names, addresses, and telephone numbers of firms or government organizations for which the Contractor has provided services in addition to the minimum five (5) projects of a similar size, scope, and complexityr5ee-- 1) Company Name aC (..-)) Address Contact Person/Contract Amount Telephone No.: IFax No. 2) Company Name Address Contact Person/Contract Amount Telephone No.: IFax No. 3) Company Name Address Contact Person/Contract Amount Telephone No.: IFax No. 4) Company Name Address Contact PersonlContract Amount Telephone No.: IFax No. 5) Company Name Address Contact Person/Contract Amount Telephone No.: IFax No. 98 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 1 of 3) 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 AS DEFINED BY CITY CODE SECTION 18-73. Legal Name of Firm: Entity Type: (Check One) ❑ Partnership ❑ Sole Proprietorship ❑ Corporation Corporation Document No: Date Established Occupational License No: Date of Issuance Office Location (Establishment of the bidder/Bidder): PRESENT Street Address: City: State: How long at this location: PREVIOUS Street Address: City: State How long at this location: According to Section 18-73 of the City of Miami Code, as amended: City of Miami "Local Office" means a business within the City which meets all of the following criteria: 1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city for a minimum of twelve (12) months immediately preceding to the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; and 2) if the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully executed lease within the corporate limits of the city that documents in writing continuous business residence within the corporate limits of the city for a term of no less than twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval 00 Beacom Project Area Improvements — Phase it ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 2 of 3) /0 /4- by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; and 3) Has had for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current Business Tax Receipt issued by both the city and Miami -Dade County, if applicable; and 4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and 5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. According to Section 18-85(a) of the City of Miami Code, as amended: "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in City Code Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." The intention of this section is to benefit local bona fide bidders/Bidders to promote economic development within the corporate limits of the City of Miami. l (we) certify, under penalty of perjury, that the office location of our firm has not been established with the sole purpose of obtaining the advantage granted bona fide local bidders/Bidders by this section. Authorize Signature Authorized Signature Print Name Print Name Title Title Authorized Signature Authorized Signature 101 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 3 of 3) (Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture.) NOTARIZATION STATE OF FLORIDA, COUNTY OF DADE That: personally appeared before me and acknowledged the foregoing instrument as his/her act and deed. That he/she has produced as identification. NOTARY PUBLIC: My Commission Expires: Please submit with your Bid Form copies of Occupational License, City of Miami and Miami Dade County Business Licenses, professional and/or trade License to verify local office preference. The City of Miami also reserves the right to request a copy of the corporate char -ter, corporate income tax filing return and any other documents(s) to verify the location of the firm's office. 102 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. CERTIFICATE OF COMPLIANCE WITH SECTIONS 18-87 and 18-89 OF THE CITY CODE r-7‘0 �d� z�•Pe Principal) of hereby certify that: am the (President/Secretary or (Respondent Firm); ii) I have read Sections 18-87 and 18-89 of the City of Miami Procurement Code; iii) (Respondent Firm) it, a (e.— hereby acknowledges that the awarded contract has an on -site labor component greater than or equal to twenty-five percent (25%), and therefore agrees to assign a minimum of fifteen percent (15%) of the contract value to firms currently certified by Miami -Dade County as a Community Small Business Enterprise ("CSBE"); OR iv) (Respondent Firm) CL C3 Dade County as a CSBE firm ang wt I self -perform to meet the minimum fifteenpercent 15% p ( ) hereby is certified by Miami- CSBE requirement. An active copy of the respondent's CSBE certification must be included bid document. v) (Respondent Firm) r- _G)L-C - hereby agrees to comply with the Local Workforce Participa n� Requirements stated in Section 18-89 of the City of Miami Procurement Code. vi) OPTIONAL: { -ram vil) (Respondent Firm) it/(a., "(4a La_ assignments pursuant to Item iii), above, to certified CSBE firms who m-;g,-in a "Local Office", as defined in City Code Section 18-73; STATE OF FLORIDA COUNTY OF MIAMI-DADE } ) SS Be2pre e, a Notary P lic duly commi ioned qualified and acting persona (• +-'red a r-r' >aAi •Z � Z/ to me well known, who bein• by = first duly sworn upon ath says that he/she has been authorized to execute the foregoing Certific : of Compliance with Section 18-89 of the City of Miami Procurement Code on behalf of Respondent Firm named hereby agrees to make therein in favor of the City. � Subscribed and Sw rn tbefore me this L,�1y d My commission expires: U �'" iX Bonded by \- 5 4, 4skAAUNr,Q, Beacom Project Area Improvements — Phase II ,2OI . Nota 'ublic, S -te of Florida at Large 103 PATRICIA A. RI RA MY COMMISSION #EE73340 EXPIRES: MAR 13, 2015 Ban through tat State insurance ITB No.: 12-13-051 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. THIS FORM MUST BE COMPLETED BY BIDDERS/PROPOSERS FOR PROJECTS WITH CSBE REQUIREMENTS SCHEDULE OF INTENT AFFIDAVIT (SQl) COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM ("CSBE") This section must be completed by the BidderlProposer and the CSBE Subcontractor that will be utilized for scopes of work on the, project Contact Person: ref- r`d �e--7/ 33f 6s Phone No.: -S6- -97- z c'49 .. Project Number: 4 - 4d 3 Z-S 15% CSBE Dollar Amount $ /magi, gs-TO• ' Name of Bidder/Proposer: Address: /i0eav Project Name: Contract Dollar Amount: / 8 9 Name of Prime Bidder/Proposer Certification No. (if applicable) Certification Expiration Date (if applicable) Type of CSBE work to be performed by the Bidder (if applicable) Bidder's self performance percentage (%) of Conti Total Dollar ($) Amount of Bidder's self performance a,d Mt cl d - / / 0- h 5- Zo 2.14 %alue The undersigned intends to perform the following work in c6nnection with the aov'e contract! Name of Sub -contractor Certification No. Certification Expiration Date Type of CSBE work to be performed by the sub- contractor Sub -contractor percentage CYO of Contract Value Total Dollar ($) Amount of sub -contractor's CSBE requirement I certify that th sub-contracto s contained in this form are true and accurate la the best of my knowledge. I affirm that I will enter into sub-conlractual agreement(s) with the above listed CSBE is contract. Copies of the agreement(s) will be immediately made available to the City of Miami as required. Prime Bier Signature - r4 r4 Dat awes Prim d BidderlProposer Print Name • Title The undersigneU I as reasonable and uncommitted capacity sufficient to provide the required goods or services, all licenses and permits necessary to provide such goods or services, ability to obtain bonding that is reasonably required to provide such goods consistent with normal industry practice, and the ability to otherwise meet the bid specifications. Sub -contractor Signature Date Sub -contractor Print Name Title 104 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 Project No. B- ¢a 3 01, S CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM SUBCONTRACTOR UTILIZATION f4'1r " Project Title: 1' _ THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. Sheet No. ( of ' This Form must be submitted with a Bidder's Bid submission. Failure to submit this Exhibit with the Bid will result in the bid being rejected as non -responsive. The City in its sole discretion allow the Bidder to submit the Exhibit after Bids are due. Provide the following information for each subcontractor regardless of tier.* Attach additional sheets if necessary. Name of Business Portion of Work 6jS-i, 21 e1 Dollar Amount Percent Address/City/State/Zip License Information** Business SBE Certification**** CS8 DBE Type Number �� gexc44 9rr r7 . 3—`7d' 24, 569 3 (le zzzzs .5w/17. t5 i„-07, /05eco l • MG• ‘0e......5 FL 33/ 0 • El • 0 r C] 0 Q • Cl • 0 � 0 • • • 0 0 E7 0 0 0 * All tiers must be shown, including multiple sub -tiers, if permitted by the Contract Documents. **List only those relevant to this Project. *** Must be certified by either Miami -Dade County, State of Florida, or the Federal Government J Form SU /ledge le, MAGGOLCINc• ENGINEERING CONTRACTOR — LIC: E-251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786-291-2949 FAX: 786-472-8831 maggolc@yahoo.com THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. MAGGOLC INC. EQUIPMENTS 1- Bobcat S-250 Frontal Loader, 2009 2- Bobcat S-750 Frontal Loader, 2011 3- Bobcat Milling Attachment 4- Two (2) Kent Hammer 5- Service Truck Ford F-450, 2006 6- Wylie Water Trailer 7- Pick-up Truck F-250 8- Flat bed Trailer 12 Ton. 9- Flat bed Trailer 15 Ton. 10-Two (2) Wacker Compactor 11- Bobcat Sweeper Attachment 12- Dumper Truck International, 2006 13- Roller Compactor Caterpillar (5 Ton) 14- Water Truck 2006 15-Dumper Truck Western Star, 2013 16- Flat bed Trailer 25 Ton., 2014 Rent Equipments for temporary jobs: - United Rentals - Kelly Tractor - Sunbelt Rentals -Neff Rentals Rent Dumper Trucks: - Allied Trucking of Florida - Arly Trucking M cto.,,,,,) „..„ ENGINEERING CONTRACTOR — LIC: E-251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786-291-2949 FAX: 786-472-8831 maaaolc@vahoo.com THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE CSEEN AT THE END OF THE DOCUMENT. CONTRACTS PERFORMED BY MAGGOLC INC. 1-Drainage Improvement for NW 22 CT from NW 107 ST to NW 112 ST, ($318,000) (Miami -Dade County Public Works Dept, Completed Dec. 2007). (Alberto Estevez 786-256 2627). (esteva@miamidade.gov) 2-Various Park Parking Lot Re -striping & Wheel Stop Replace. ($24,500) (Miami -Dade Park and Recreation Dept. Completed March 2008). (305-596 4460) 3-Seal Coat and Re -striping of Station 131 Logistics Parking Area. ($19,000) (Miami -Dade Fire Rescue Dept. Completed July 2008). (786-331 4529) 4-Norman and Jean Reach ParklFoul ball Netting. ($25,000) (Miami -Dade Park and Recreation Dept., Completed June 2008). (305-596 4460) 5-Olympic Park Concrete Sidewalk Construction. ($184,000) (Miami -Dade Park and Recreation Dept, Completed July 2008). (Dan Crawford 305-596 4460) (dc93@miamidade.gov) 6-Dolphin Archaelogical Site Concrete Sidewalk Construction., ($114,084) (Miami -Dade Park and Recreation Dept., Completed July 2008). (Dan Crawford 305-596 4460) (dc93@miamidade.gov) 7-Countywide Repair of Existing Asphalt Pavement. (Milling & Resurfacing) ($949,990) (Florida Department of Transportation, Dist. Six, Executed the year 2008 and renewed for to year 2009 and 2010, Completed June 2011). (Janice Corn 305-256 6359) (Janice.corn@dot.state.fl.us) 8-Countywide Intersections Improvement, Roadway and Drainage. ($443,637) (Miami -Dade County Public Works Dept., Completed Dec. 2008). (Joaquin Rabassa 305-299 9822) (jra@miamidade.gov) 9-West Perrine Park Concrete Slabs, Sidewalks and Poured in Place. ($34,000) (Miami -Dade Park and Recreation Dept., Completed January 2009). (305-596 4460) 10-West Little River Asphalt Driveways Phase IV-B. ($68,000) (Miami -Dade County Office of Community and Economic Development, Completed January 2009). (Mario Berrios 786-469 2112) (mberr@miamidade.gov) 11-Brentwood Pool Park New Asphalt Walkways. ($34,000) (City of Miami Gardens, Completed April 2009). (305-622 8000) (fallen@miamigardens-fl.gov) 12-Country Club of Miami Parcel 1169 & 1168-E New Asphalt Walkways. ($178,000) (Miami -Dade Park and Recreation Dept., Completed July 2009). (Dan Crawford 305-596 4460) (dc93@miamidade.gov) 13-Country Club of Miami Grading, Sitework & Greens. ($107,000) (Miami -Dade Park and Recreation Dept., Completed August 2009). (305-596 4460) 14-SR 907 (Alton Rd) at Allison Dr. for Drainage and Retention Improvements. ($134,000) (FDOT, Completed December 2009) (Anthony Sabbag 305-256 6380) (anthony.sabbag@dot.state.fl.us) 15- West Little River Asphalt Driveways Phase IV-D. ($35,000) (Miami -Dade County Office of Community and Economic Development, Completed December 2009). (Mario Berrios 786- 469 2112) (mberr@miamidade.gov) 16-District 2- Sidewalk Repair Project II ($75,300) (Public Works Dep. City of Miami, Completed March 2010) (Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson@miamigov.com) 17-Blue Road Roundabouts Re -Bid ($145,000) (Public Works Dep. City of Coral Gables, Completed March 2010) (305-460 5018) (epino@coralgables.com) 18-Harbor Drive Lighting and Resurfacing Improvement ($270,000) (Public Works Dep. Village of Key Biscayne April 2010) (786-255 6765) (anunez@keybiscayne.fl.gov) 19-District 1- Sidewalk Repair Project II ($95,990) (Public Works Dep. City of Miami, Completed September 2010) (Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson@miamigov.com) 20-Golden Shore Park Pavers Sidewalk ($23,895.00) (Public Works Dep. City of Sunny Isles Beach, November 2010) ( 305-947 0606) (gbatista@sibfl.net) 21-AD Barnes Park Asphalt Walkways ($86,615.00) (Miami -Dade Park and Recreation Dept., Completed December 2010) (305-755 7985) (rttolon@miamidade.gov) 22-Installation of Sidewalks and Ramps along NE 12 Ave ($123,750.00) (Public Works Dep. City of North Miami, Completed December 2010) (Gerardo Hernandez 305-893 6511) (ghernandez@northmiamifl.gov) 23-Intersection Realignment SW 139 Terr & SW 140 Dr. and East Guava Street One Way Street Conversion ($36,775) (Public Works Dep., Village of Palmetto Bay, Completed December 2010) (305-969 5011) (dcasals@palmettobay-fl.gov) 24-District #3 Citywide ADA Sidewalk Improvements, ($107,414) (Public Works Dep. City of Miami, Completed February 2011) (Fabiola Dubuisson 305 416 1755 & 305-801 7816) (fdubuisson@miamigov.com) 25- District #1 Citywide ADA Sidewalk Improvements, ($155,523) (Public Works Dep. City of Miami, Completed May 2011) (Fabiola Dubuisson 305 416 1755 & 305-801 7816) (fdubuisson@miamigov.com) 26- MIA Building 3050 Parking Lot Drainage & Asphalt Improvement ($103,000) (Aviation Department Miami - Dade County, Completed May 2011) (Greg Tai 305-876 8444) (gtai@mikegconst.com) 27- MIA- NW 67 Ave & NW 36 Street Intersection Improvements ($65,000), (concrete works) (Aviation Department Miami Dade County, Complete July 2011) (John Peterson 305-622 8000) (jpet@mikegconst.com) 28- District #4 Citywide ADA Sidewalk Improvements, ($149,397) (Public Works Dep. City of Miami, Completed October 2011) (Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson@miamigov.com) 29- Tamiami Canal Miccosukee Linear Park, Tamiami Trail and SW 122 Ave. ($87,703) (Miami Dade Park & Recreation Department, Completed October 2011) (Ruben Teurbe Tolon 786-586 8360) (rttolon@miamidade.gov) 30- SW 19 Terrace Roadway and Drainage Improvements ($184,585) (City of Miami, Capital Improvements Department, Completed October 2011) (Maurice Hardie 786-229 5463) (mhardie@miamigov.com) 31- SR 909 (Alton Road) at West 52 Street Drainage Improvement ($138,000) (Florida Department of Transportation, Completed December 2011) (Roland Rodriguez 305-345 0696) (rodriguez@pinnaclecei.com) 32- Suncrest Drive & Moss Ranch Road Stormwater Improvements ($ 110,000) (Village of Pinecrest, Public Works Dep., Completed December 2011) (Daniel Moretti 305-669 6916) (moretti@pinecrest-fl.gov) 33- Long Key State Park Roadway Improvements ($149,230) (Florida Department of Environmental Protection, Completed February 2012) (Fred Hand 850-488 6322) (Fred.Hand@dep.state.fl.us) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. 34- District #2 Citywide ADA Sidewalk Improvements, ($105,303) (Public Works Dep. City of Miami, Completed February 2012) (Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson@miamigov.com) 35- SW 64 Street Corridor Improvement, ($60,000) (Public Works Dep. City of South Miami, Completed February 2012) (Keith A. Ng 305-403 2072) (kng@southmiamifl.gov) 36- Long Key State Park Campground Entrance Modification ($49,450) (Florida Department of Environmental Protection, Completed July 2012) (Fred Hand 850-488 6322) (Fred.Hand@dep.state.fl.us) 37- FDOT LAP Roadway Improvements Project ($117,371) (Public Works Dep. City of Sweetwater, Completed July 2012) (Eric Gomez 305-553 5457) (egomez.egsc@att.net) 38- SR 94/SW 88 ST/ Kendall Dr. at SW 142 Ave ($134,843) (Florida Department of Transportation, Completed October 2012) (Roland Rodriguez 305-345 0696) (rodriguez@pinnaclecei.com) 39- Phase IV Drainage Improvement Project ($143,830) (Village of Palmetto Bay, Completed November 2012) (Danny Casals 305-969 5091) (dcasals@palmettobay-fl.gov) 40- Killian Park Road Stormwater Improvement ($218,142) (Village of Pinecrest, Completed December 2012) (Daniel Moretti 305-669 6916) (moretti@pinecrest-fl.gov) 41- Progress Rd. Roadway and Drainage Improvements ($105,522) (City of South Miami, Completed January 2013) (Jorge Vera 305-403 2072) (jvera@southmiamifl.gov) 42- ARRA Municipalities Group B: City of Miami Gardens Bus Shelters ($894,000) (Miami Dade Transit, Completed March 2013) (Javier Salmon 786-473 4710) (jsalmon@miamidade.gov) 43- I-195/ Julia Tuttle from SR 51 Biscayne Blvd to SR 907/ Alton Rd - Bike Path / Trail ($121,520) (Florida Department of Transportation, Completed March 2013) (Roland Rodriguez 305-345 0696) (Rodriguez@pinnaclecei.com) 44- NW 8th ST & NW 14 CT Roadway and Drainage Improvements ($425,895) (City of Miami, Completed May 2013) (Robert Fenton 786-263-2133) (rfenton@miamigov.com) 45- Friedland Manor Drainage Improvements ($406,567) (City of Florida City, Completed June 2013) (Sean Compel 786-502-0770) (sean.compel@stantec.com) 46- SR 9 (NW 27 Ave), From NW 79 ST to NW 84 ST Roadway Improvements ($119,000) (Florida Department of Transportation, Completed July 2013) (Roland Rodriguez 305-345 0696) (rodriguez@pinnaclecei.com) 47- Sidewalk Improvements along SR A1A/ Collins Ave @ SR 826/ NW 63 ST. ($205,521) (Florida Department of Transportation, Completed October 2013) (Roland Rodriguez 305-345 0696) (rrodriguez@pinnaclecei.com) 48- Doral Trolley Route 3 Infrastructure Improvements. ($114,210) (City of Doral, Completed November 2013) (Rudy de la Torre 786-236-5912)(rudy.delatorre@cityofdoral.com) 49- Doral Trolley Infrastructure Improvements Citywide. ($217,349) (City of Doral, Completed December 2013) (Rudy de la Torre 786-236-5912) (rudy.delatorre@cityofdoral.com) 50- Wild Lime Park Parking Expansion and Concrete Walkway. ($201,442) (Miami Dade Park & Recreation Department, Completed January 2014) (Leroy Garcia 786-210-5937) (garcial@miamidade.gov) 51- Biscayne Island Drainage Improvements ($735,559). (City of Miami, Completed March 2014) (Valentine Onuigbo 786-447-9817) (vonuigbo@miamigov.com) 52- Beacom Project Area Improvements -Phase I ($767,132) (City of Miami, Completed March 2014) (Robert Fenton 786-263-2133) (rtenton@miamigov.com) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. M4,GGOLC �+c. Engineering Contractor — Lic. E-251302 11020 SW 65 ST., Miami, FL 33165 Phone: 786-291-2949 Fax: 786-472-8831 maaQolc(vahoo.com RESUME: MARIO GONZALEZ Superintendent/ Project Manager of Maggolc Inc. Gonzalez is a Roadway Construction and Civil Engineer with over 24 years of progressive experience in the fields of highway and railway design, construction, maintenance, and operations. EDUCATION: Instituto Superior Polit6cnico (Higher Polytechnic Institute) "Julio Antonio Melia", Santiago de Cuba, Cuba. Degree: INGENIERO VIAL (Roadway Construction Engineer), July 1988. This is equivalent to a Bachelor of Science in Civil Engineering (BSCE) from a regionally accredited institution of higher education in the United States. Universidad Central de Venezuela, Caracas, Venezuela. Degree: INGENIERO CIVIL (Civil Engineer), July 1997. CERTIFICATIONS: - TROXLER Electronics Lab - Nuclear Gauge Safety Training, (2001 & 2004) - FDOT — MUTCD/Maintenance of Traffic, Intermediate Level (2008) - ASPHALT PAVING TECHNICIAN — Level 1 (2004) - EARTHWORK CONSTRUCTION INSPECTION — Level I (2005) - ACI, Concrete Field Testing Technician- Grade 1. (2005) - FDOT Concrete Field Inspector Specifications. (2005) LICENSES : -General Engineering Contractor -General Building Contractor -Registered and Certificate State of Florida Undergraund Utilities Contractor. -Registered General Contractor State of Florida WORK EXPERIENCE: MAGGOLC INC., Miami, Florida, USA. (June 2005 to Present). Gonzalez is the owner and president of Maggolc Inc., this is an Engineering Contractor Company. Specialized in Drainage Systems, Pavement and Concrete. Work Executed: - Dorm Ave Drainage Improvements (City of South Miami) 2014 - Beacom Project Area Improvements- Phase 1 (City of Miami) 2013 - Wild Lime Park Parking Expansion and Concrete Walkway (Miami Dade Park & Rec Dep.) 2013 - Biscayne Island Drainage Improvements (City of Miami) 2013 - Sidewalk Improvements along SR AIA/ Collins Ave @ SR 826 (FDOT) 2013 - SR 9 (NW 27 Ave) @ NW 79 ST Roadway Improvements (FDOT) 2013 - Friedland Manor Drainage Improvements (City of Florida City) 2013 - NW 8 ST & NW 14 CT Roadway & Drainage Improvements (City of Miami) 2013 - I-195/ Julia Tuttle Bike Path/ Trail (FDOT) 2013 - ARRA Municipalities Group B: City of Miami Gardens Bus Shelters (Miami Dade Transit) 2013 - Progress Rd Roadway & Drainage Improvements (City of South Miami) 2012 - Killian Park Rd Stormwater Improvements (Village of Pinecrest) 2012 - Phase IV Drainage Improvements. (Village of Palmetto Bay) 2012 - SR 94/ Kendall Dr at SW 142 Ave Roadway Improv. (FDOT) 2012 - FDOT LAP Roadway Improvements. (City of Sweetwater) 2012 - SW 64 Street Corridor Improv. (City of South Miami) 2012 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. - District #2 Citywide ADA Sidewalk Improvements. (City of Miami) 2012 - Long Key State Park - Resurface Campground Road (Florida Dep. of Environmental Protection) 2012. - Suncrest Dr. & Moss Ranch Rd. Stormwater Improvements (Village of Pinecrest) 2011. - SR 909 (Alton Road) at West 52 Street Drainage Improvements (FDOT District 6) 2011 - SW 19 Terrace Roadway & Drainage Improvements (CIP, City of Miami) 2011. - Tamiami Canal Miccosukee Linear Park (Miami -Dade County, Park & Recreation Dep.) 2011. -District #4 Citywide ADA Sidewalk Improvements (City of Miami) 2011 -MIA NW 36 Street & 67 Ave Intersection Improvement (concrete ) (Aviation Department M-D County) 2011 -MIA Building 3050 Parking Lot Improvements (Aviation Department M-D County) 2011 -District #1 Citywide ADA Sidewalk Improvements (City of Miami) 2011 -District #3 Citywide ADA Sidewalk Improvements (City of Miami) 2011 -Intersection Realignment SW 139 Terr. & SW 140 Dr. and Esat Guava ST One Way Street Conversion. (Village of Palmetto Bay) 2010 -Installation of Sidewalks and Ramps along NE 12 Ave. (City of North Miami) 2010. -AD Barnes Park Asphalt Walkways.. (M-D County Park & Recreation) 2010. -Golden Shore Park Pavers Sidewalks. (City of Sunny Isles). 2010 -District 1, Sidewalks Repair. (City of Miami). 2010 -Crandon Park ADA Parking Space Striping and Signs. (M-D County Park & Recreation) 2010. -District II, Sidewalks Repair. (City of Miami). 2010 -Harbor Drive Lighting and Resurfacing lmprov. (Village of Key Biscayne) 2010 -Blue Road Roundabouts and Drainage. (City of Coral Gables) 2010 -Drainage Retention Improvements of State Rd. 907 (Alton Rd.) at Allison Drive. Milling and Asphalt Resurfacing. (FDOT, District 6) 2009 -Country Club of Miami Park Concrete and Asphalt Walkway (Miami -Dade County, Park & Recreation Dep.) 2009. -Brendwood Park Asphalt Walkway. (City of Miami Gardens) 2009. -West Little River Improve Asphalt Driveways. (Miami -Dade County Office of Community and Economic Development) 2008. -West Perrine Park Concrete Slabs and Poured Safety Surface. (M-D C Park and Recreation) 2008 - Asphalt Pavement Repair. Florida Department of Transportation (District 6). 2008-2009, 2009-2010 and 2010-2011. -Improve Intersections Countywide Project, include Milling and Asphalt Resurfacing. (Sidewalk, Handicap Ramps, Curb & Gutters, Pavers, New Pavement, Drainage, Sodding (M-D County Public Work Dep.) 2008 -Seal Coat and Restriping of Station 13 and Logistics Parking Area. (MD County Fire Rescue Department) 2008 -Dolphin Archaeological Site Sidewalk Construction. (M-D County Park and Recreation) 2008. -Olympic Park Sidewalks Construction. (M-D County Park and Recreation) 2007 -Norman & Jean Reach Park Foul Ball Netting. (M-D County Park and Recreation) 2007 -Drainage Improvement Project for NW 22 Court from NW 107 ST to NW 112 ST. (M-D County Public Work Dep.). 2006 , etc Others Places where Gonzalez was working: SRS ENGINEERING, INC., Miami, Florida, USA. (August 2006 to July 2007). Construction Field inspector of Drainage and Roadway Restoration. (Public Work Department, Miami -Dade County Projects). -Allaphatta Phase 1. -Hardwood Village Phase II. BERMELLO, AJAMIL & PARTNERS, INC., Miami, Florida, USA. (May 2005 to July 2006). Quality Control (QC) Construction Inspector (DOT Projects): (Earthwork, Concrete and Asphalt). -Okeechobee Road. (W 12 Ave to Palmetto Expwy) -Miami Garden Drive. (NW 2 Ave to NW 17 Ave.) -Biscayne Blvd. (NW 96 ST to NW 104 ST) -Golden Gate Pkwy (Naples) -Florida's Turnpike (Griffin Rd to Sunrise Blvd). -A-1-A (Key West). THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. MARLIN ENGINEERING INC., Miami, Florida, USA. (October 2000 —May 2005). February 2004 to May 2005. Construction Field Inspector of Drainage and Roadway (FEMA-DERM, Miami -Dade County Projects). Activities Included: Verify of storm drainage structures in accordance with the approved shop drawings, installation of drainage and pollution control structures, drainage pipe inverts, joints, seals, French Drain Systems, solid pipe placement and bedding material. Check the Contractor's compliance with all Maintenance of Traffic. Reconstruction of Pavement, Roadway Milling and Resurfacing; reconstruction of Curb and Gutter and Sidewalks; Site Restoration, including Grading of Swales, Sod Placement, etc. Requirements: - Ensure the quality of the construction work, as per the Public Works Department Manual, FDOT Standards, and Project Contract Documents. - Ensure the full restoration of the project, including site cleanliness, swale grading, and sod placement. - Keep records of daily activities, daily production, site testing, and progress of the work. - Resolve complaints by residents resulting from construction activities. March 2001 to February 2004: Project Engineer Project Engineer for the design, roadway restoration, and storm drainage systems improvement, including independent sites and community. (DERM/FEMA Program administered by the Division of Recovery and Mitigation -DORM) in Miami -Dade County and City of Miami Storm Drainage Improvement Program). Working closely with Microstation and AutoCAD software. October 2000 to March 2001 and October 2002 to February 2003: Roadway Inspector. Surveying, inspecting and drawing sketches for roadway restoration projects in Q.N.I.P, Public Work Department of Miami -Dade County. Inspecting and supervising construction of asphalt patching, milling and resurfacing operations. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. rniamidade.g-e 13, 2014 Mr. Mario Gonzalez MAGGOLC, INC. 11020 SW 55th St Miami, FL 33165-0000 Anniversary Date: June 13, 2015 Dear Mr. Gonzalez: Internal Services Department Small Business Development 111 NW 1 Street, 19t Floor Miami, Florida 33128 T 305-375-3111 F 305-375-3160 Miami Dade County Small Business Development (SBD), a division of the Internal Services Department (ISD) is pleased to notify you of your firm's-continuing eligibility as a certified (CSBE, CBE, Micro/SBE, LDB) Small Business Enterprise in accordance with section (2-8.1.1.1.1., 2-10.01, 10.33-02) of the Code of Miami Dade County. Your firm is certified in the categories listed below. Your (CSBE) certification is continuing through the Anniversary Date listed above, contingent upon your firm . maintaining its -eligibility based on the criteria outlined' in the aforementioned code. You will be -notified -of --- your annual responsibilities in advance of the Anniversary Date. You must submit the annual AFFIDAVIT FOR CONTINUING ELIGIBILITY no later than the Anniversary Date to maintain your eligibility. Your firm will be listed in the directory for all certified firms, which can be accessed through the Miami Dade Countys SBD website: http:/M w.mian' dade.govlbusiness/business-certification-programs.asp. If, at any the time, there is a material change in your firm, you must advise this office, by submitting a status change affidavit and the associated supporting documentation, within thirty (30) days. Changes may include, but are not limited to, ownership, officers, directors, management, key personnel, scope of work performed, daily operations, on -going business relationships with other firms or individuals or the physical location of your firm. After our review, you will receive instructions as to how you should proceed, if necessary. Failure to do so will be deemed a failure on your part to cooperate and will result in action to remove your firm's certification. If you have any questions or concerns, you may contact our office at 305-375-3111. - Sincerely, Gary H artfteid, Division Director Small Business Development CATEGORIES: (Your firm may bid or participate on contracts only under these categories) All Other Specialty Trade Contractors (CSBE) Commercial And Institutional Building Construction(CSBE) Highway, Street, And Bridge Construction (CSBE) Industrial Buildng Construction (CSBE) New Housing Operative Builders (CSBE) New Multiferrily Housing Construction (Erept Operative Builders) (CSBE) New Single -Family Housing Construction (Except Operative Builders) (CSBE) Other HeavyAnd Civil Engineering Coistruction (CSBE) Poured Concrete Foundation And Structure Contractors (CSBE) Residential Remodelers (CSBE) Site Preparation Contractors (CSBE) Structural Steel And Precast Concrete Contractors (CSBE) Water And Sewer Line And Related Structures Construction (CS THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 GONZALEZ, MARIO H MAGGOLC INC 11020 SW 55TH STREET MIAMI FL 33165 Congratulation& With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE RICK SCOTT, GOVERNOR STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CUC1224888 ISSUED: - 06/15/2014 CERT UNDERGROUND & EXCAV. CNTR GONZALEZ, MARIO H MAGGOLC INC IS CERTIFIED under the provisions of Ch.489 FS. Expiration data • AUG 31, 2016 L1406150001743 KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD LICENSE NUMBER CUC1224888 The UNDERGROUND UTILITY & EXCAVATION CO. Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2016 GONZALEZ, MARIO H MAGGOLC INC 11020 SW 55TH STREET'' r MIAMI FL 33165 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE.. SEEN AT THE END OF THE DOCUMENT 002565 Local Business Tax Receipt Miami -Dade County, State of Florida -THIS iS NOT A BILL — DO NOT PAY 5684064 BUSINESS NAME/LOCATION RECEIPT NO: MAGGOLC INC RENEWAL 11020 SW 55 ST. 59284137 MIAMI FL 33165 EXPIRES SEPTEMBER 30, 2014 Must be displayed at place of business Pursuant to County Code Chapter BA'- Art. 9 & 10 SEC. TYPE OF BUSINESS PAYMENT RECEIVE© OVV `? R 196 SPECIALTY ENGINEERING CONTRACT BY TAX COLLECTOR MAGGOLC INC E251302 Worker(s) 1 $75.00 07/10/2013 CREDITCARD-13--002443 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, or a certification of the holders qualifications, to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed on all commercial vehicles - Miami -Dade Code Sec 8a-276. For more information. visit www.miamidade.gevltaxcollector CTQB Construction Trades Qualifying Board ,BUSINESS CERTIFICATE OF COMPETENCY E251302 'MAGGOLC INC D.B.A.: GONZAL Z MARIO Is Certified under the provisions of Chapter 10 of Miami -Dade County Magigint THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THE DOCUMENT. SUBSTITUTED INVITATION TO BID ("ITB") NO.: 12-13-051 EACOM PROJECT AREA IMPROVEMENTS - PHASE i1 - D3 CAPI L IMPROVEMENT PROGRAMS ("CIP") PROJECT NO.: B-40325 Bids Due Date: Monday, July 14, 2014 Due Time: 2:00 P.M. Mayor Tomas P. egalado Commissioner Wifredo "Wi " Gort, District 1 Commissioner Marc Sarn ► District 2 Commissioner Frank Caroll• District 3 Commissioner Francis Suarez, 'strict 4 Commissioner Keon Hardemon, ► ' trict 5 City Manager, Daniel J. Alfonso Issued By: City of Miami Capital Improvements Program 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 SUBSTITUTED TABLE OF CONTENTS No. e To Contractors 6 Sec 1 - Instructions for Submission 7 1. Intention of City 7 2. cope of Work 7 3. ation of Project(s) 7 4. Pe • rmance of the Work 7 5. Exa ation of Contract Documents and Site 7 6. Adden m 8 7. Bid Sub sion 8 8. Bid Guara 8 9. Preparation Bid 9 10. Pre -Bid Confe nce 9 11. Postponement • =id Opening Date 9 12.; . Acceptance or Re tion of Bids 9 13.: Environmental Req . tions 10 14. Bid Award 10 15. Bid Protest 10 16.` Community Small Busin . Enterprise ("CSBE") 11 17. Local Workforce Participat 12 18. Intentionally Omitted 12 19. Cone of Silence 12 20. Public Entity Crime 12 21. Fraud and Misrepresentation 12 22. Collusion 13 23. Contractor in Arrears or Default 13 24. Cancellation of Solicitation 13 Section 2 - General Terms and Conditions 14 1. Definitions 2. Time is of the Essence 3. Contract Term 4. Notices 5. Priority of Provisions 6. Indemnification 7. Insurance 8. Performance and Payment Bond 9. Qualification of Surety 10. General Requirements 11. Method of Performing the Work 12. Work Staging and Phasing 13. Site Investigation and Representation 14. Contractor to Check Plans, Specifications and Data 15. Contractor's Responsibility for Damages and Accidents 16. Accidents 17. Safety Precautions 18. Occupational Health and Safety 19. Labor and Materials 20. Rules, Regulations, and Licenses 27 21. Consultant Services Beacom Project Area Improvements - Phase II 'TB No.: 12-13-051 14 16 17 17 18 18 19 21 22 22 23 24 24 25 25 25 25 26 ..27 SUBSTITUTED 22. Project Management 28 23.: Superintendence and Supervision 28 4. Authority of the Project Manager 29 Inspection of Work 30 2c Taxes 30 27. , Separate Contracts 30 28.; ands of Work 31 29. ordination of Work _ 31 30. Di •ring Site Conditions 31 31.. Exis + g Utilities 32 32.- Contr or's Responsibility for Utility Properties and Service 32 33. Interfere Structures 33 34.,t: Field Rel• tion 33 35..E Contractor' se of Project Site(s) 33 36 Warranty of erials and Equipment 34 37. Material and E. '•ment Shipment, Handling, Storage and Protection 34 38.; Manufacturer's I ructions 35 39. Manufacturer's Wa nty 36 40.,._ Reference Standards 36 41.' Submittals 36 42. Shop Drawings 38 43. Product Data 39 44. Samples 39 45. Record Set 39 46. Supplemental Drawings and Ins ctions 40 47. Contractor Furnished Drawings 40 48. Substitutions 40 49. City Furnished Drawings 41 50. Interpretation of Drawings and Docume 42 51. Product and Material Testing 42 52. Field Directives 42 53. Changes in the Work or Contract Documents. 42 54. Continuing the Work 43 55. Change Orders 43 56. Change Order Procedure 44 57. No Oral Changes 44 58. Value of Change Order Work 44 59. Extra Work Directive 47 60. As -Built Drawings 48 61. Worker's Identification 49 62. Removal of Unsatisfactory Personnel 49 63. Substantial Completion, Punch List, & Final Completion 49 64. Acceptance and Final Payment 50 65. NDPES Requirements 51 66. Force Majeure 51 67. Extension of Time 51 68. Notification of Claim 52 69. Extension of Time not Cumulative 53 70. No Damages for Delay ...53 71. Excusable Delay, Non-Compensable 53 72. Lines and Grades 7 Beacom Project Area Improvements - Phase II ITB No.: 12-13-051 SUBSTITUTED 73. Defective Work 54 74.,. Acceptance of Defective or Non -Conforming Work 54 5.: Uncovering. Finished Work 54 Correction of Work 55 7 Maintenance of Traffic and Public Streets 55 78.Location and Damage to Existing Facilities, Equipment or Utilities 57 79. top Work Order 57 80. rricane Preparedness 58 81.- U of Completed Portions 58 82.: Cle- 'nq Up; City's Right to Clean Up 59 83.''. Remo ' I of Equipment 59 84.- Setoffs, ithholdings, and Deductions - 59 85. Event of ► ault 59 86. Notice of D- ult-Opportunity to Cure 60 87. Termination Default 60 88.'` Remedies in th= vent of Termination for Default 61 - 89.: Termination for venience 61 90.' Resolution of Disp► -s 62 91.;. Mediation -Waiver of Trial _ 63 92.':` City May Avail Itself o Remedies 63 93. Permits, Licenses and I .ct Fees 64 94. Compliance with Applicab aws 64 95. Independent Contractor 64 96. Third Party Beneficiaries 65 97. Successors and Assigns 65 98. Materiality and Waiver of Breach .. 65 99. Severability 65 100. Applicable Law and Venue of Litigati 66 101. Amendments 66 102. Entire Agreement 66 103. Nondiscrimination, Equal Employment Op• unity, and Americans with Disabilities Act 66 104. Evaluation 66 105. Commodities manufactured, grown, or produce. , the City of Miami, Miami -Dade County and the State of Florida 67 106. Royalties and Patents 67 107. Continuation of the Work 67 108. Public Records 67 109. No Interest 68 110. Payments Related to Guaranteed Obligations 68 111. Consent of City Required for Subletting or Assignment 68 112. Agreement Limiting Time in Which to Bring Action Against the ' 68 113. Defense of Claims 68 114. Contingency Clause 69 115. Mutual Obligations 69 116. Contract Extension 69 117. Non -Exclusivity 69 118. Nature of the Agreement 69 119. Contract Documents Contains all Terms ..69 120. Survival .69 121. Disclosure of State Funding 9 Beacom Project Area Improvements - Phase 11 ITB No.: 12-13-051 SUBSTITUTED ection 3 - Supplemental Terms and Conditions 71 Contract Time & Hours 71 2. Progress Payments 71 3. Liquidated Damages 72 4. Schedule of Values _ 72 5. -roj.ectSchedules 73 6. lease of Liens/Subcontractor's Statement of Satisfaction 73 7. P • ress Meetings 74 8. Re • -st for Information 74 9. Proje • ite Facilities 74 10. Inspect i of Work 75 11. Security.... 75 12. Constructi. Signage 75 13. Construction otographs 75 - 14. City Furnished operty 76 15. Geotechnical Te q - Intentionally Omitted 76 16. Field Layout of the ork and Record Drawings for Drainage Projects 76 17. Survey Work for Dra -qe Projects 77 Section 4 - Bid Form 79 Section 5 - Attachments 90 Bid Bond Forms 90 Questionnaire 93 Customer Reference Listing 98 Reference Letter 99 OFFICE LOCATION AFFIDAVIT 100 Certificate of Compliance 103 Schedule of Intent Affidavit 104 Section 6 - Contract Execution Forms 105 CORPORATE RESOLUTION 106 FORM OF PERFORMANCE BOND 107 FORM OF PAYMENT BOND 109 CERTIFICATE AS TO CORPORATE PRINCIPAL 111 PERFORMANCE AND PAYMENT GUARANTY FORM 112 UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT 113 JOINT VENTURE FORM .114 5 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED INVITATION TO BID NO.: 12-13-051 NOTICE TO CONTRACTORS Sea = bids will be received by the City of Miami, Office of the City Clerk, City Hall, 1st Floor, 3500 Pan A rican Drive, Miami, Florida 33133-5504 for: BEACOM PROJECT AREA IMPROVEMENTS — PHASE I1 D3 Bids Due: Monday, July 14, 2014 @ 2:00 P.M. Scope of Work: The ' ork consists of furnishing all materials, labor, and equipment necessary for road improvements such a filling and resurfacing, limited drainage improvements, curb, gutter and sidewalk repairs, striping, •ns and ADA ramp upgrades. There will be N ' RE -BID CONFERENCE for this Project Minimum Requirements: Prospective 'idders must have i) a current certified General Contractor license issued by the State of Florida or - iiami-Dade County Certificate of Competency as a General Engineering Contractor; and, in addition, .t have a minimum of five (5) years experience under its current business name in the construction of -dway/horizontal projects involving public right-of-way, construction/installation/repair/replacement of • -inage system pipes and maintenance of vehicular traffic, supported by references for five (5) projec . ompleted within the past five (5) years. Submitted reference projects must demonstrate that the Bid• : i) was the Prime Contractor for the reference project; and ii) self -performed at least thirty percen 0%) of the physical construction work for the reference project. Contractor must self -perform at least y percent (30%) of the physical construction work for the Project, The Bid documents including plans can only be obtained by vi 'ng the Department of Capital Improvements Prograrn's website: http://www.miamigov.com/CapitalImprovements/pages/Procureme ' •portunities/Default.asp. It is the sole responsibility of all firms to ensure their receipt of a addendum(s)/ addenda and it is strongly recommended that interested firms periodically chec he CIP webpaqe for updates and the issuance of addenda. All bids shall be submitted in accordance with the Instructions to Bidders. B 4 must be submitted in duplicate originals and on CD in PDF format at the time, date and place - •ve, where bids will be publicly opened. Any bids received after the time and date specified will n• •e considered. The responsibility for submitting a bid before the stated time and date is solely and stn• the responsibility of the Bidder. The City is not responsible for any delay no matter what the cause. Y. assume any risk of any delay or mistake. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO TH 'CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271 Section 18-74, CITY OF MI CITY CODE, as amended. 6 Beacom Project Area Improvements — Phase 11 ITB No.: 12-13-051 SUBSTITUTED ection 1 — Instructions for Submission Intention of City is theintention of City to describe in this Invitation to Bid the Project(s) to be completed in a ordance with all codes and regulations governing all the Work to be performed under this Pr• t(s). Any work, materials or equipment that may reasonably be inferred from the Contract as b- required to produce the intended result shall be supplied by Contractor whether or not specifi called for. Where words have a well-known technical or trade meanings are used to describe •rk, materials or equipment, such words shall be interpreted in accordance with that meaning. erence to standard specifications, manuals, or codes of any technical society, organization • association, or to the laws or regulations of any governmental authority, whether such referenc- •e specific or by implication, shall mean the latest standard specification, manual, code or s or regulations in effect at the time of opening of bids and Contractor shall comply therewith. ty shall have no duties other than those duties and obligations expressly set forth within the C. ract Documents. 2. Scope of Work The Work consists of furnis ' g all materials, labor, supplies, and equipment necessary for road improvements such as millin• -nd resurfacing, limited drainage improvements, curb, gutter and sidewalk repairs, striping, signs d ADA ramp upgrades. 3. Location of Project(s) THE FIVE (5) BEACOM PROJE ► AREA IMPROVEMENTS — PHASE 11 — D3 PROJECT LOCATIONS ARE AS LOWS: 1. SW 2ND STREET from SW 27th A . to SW 22nd Ave. - (Base Bid); 2. SW 1ST STREET from SW 27t" AVE. t -W 23`d Ave. - (Alternate A); 3. SW 2ND TERRACE from SW 24th AVE. to 22nd Ave. - (Alternate B); 4. SW 3RD STREET from SW 27t" AVE. to SW 'd Ave. - (Alternate C); 5. SW 4T" STREET from SW 27th AVE. to SW 2211d e. (Alternate D); 4. Performance of the Work Bidder must be prepared to self -perform at least thirty percen construction Work. By submitting a Bid the Bidder certifies that it will utili meet this requirement. As part of the Bid the Bidder must inclu "Questionnaire". Failure to complete and submit this form or to meet this req in the Bid being deemed non -responsive. Where the City determines that Con as not meeting this requirement during the performance of the Work, then the be in default of the Contract. 5. Examination of Contract Documents and Site 30%) of the physical its own employees to the form entitled ment shall result ctor is deemed ntractor shall 7 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED It is the responsibility of each Bidder before submitting a response to this Invitation to Bid (ITB) to: • Carefully review the ITB, including any Addendum(s)/ Addenda and notify the City of all conflicts, errors or discrepancies. • Visit the site(s) or structure(s) to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. Take into account federal, state and local (City and Miami -Dade County including, without limitation the City Purchasing Ordinance and Florida Building Code) laws, egulations, ordinances that may affect a Bidder's ability to perform the Work. dy and carefully correlate Contractor's observations with the requirements of the ITB. • Sig nd return all required ITB forms and/or Addendum(s), as applicable. The submissi representation and that without required under the to indicate and conve of the Work. 6. Addendum of a Bid in response to this solicitation shall constitute an incontrovertible Bidder that it will comply with the requirements of the Contract Documents eption, the response is premised upon performing and furnishing Work tract Documents and that the Contract Documents are sufficient in detail nderstanding of all terms and conditions for performance and furnishing Only questions answered by + ten Addendum will be binding. Oral and other interpretations or clarifications will be without lega ,finding effect and should not be relied upon in preparations of a Bid response. All questions ab• the meaning or intent of the Contract Documents are to be directed to the City's Department • Capital Improvements Program (CIP) in writing, to the attention of Anthony Rolle at arolle • .mi•ov.com. Interpretations or clarifications considered necessary by CIP in response to such q -stions will be issued by City by means of Addendum. All Addenda will be posted on the CIP we: -ge. Written questions must be received no Tess than ten (10) calendar days prior to the , -le Bids are due. There shall be no response to questions received less than ten (10) calenda .ys prior to bid opening. 7. Bid Submission All Bids must be received by the City of Miami, City -rk's office located at City Hall, First Floor, 3500 Pan American Drive, Miami, FL. 33133, before t time and date specified for bid opening, enclosed in a sealed envelope, legibly marked on the ou 'de: BID NO.: 12-13-051 PROJECT NAME: BEACOM PROJECT AREA IMPROVE TS - PHASE II - D3 Bidders must submit two original Bid Packages and one Bid Packa - on a CD in PDF format. Failure to submit two originals may result in the rejection of the Bid as n-responsive. Bid Guaranty All Bids shall be accompanied by either an original Bid bond executed by a urety meeting the requirements of the City, or by cash, money order, certified check, -shier's check, Unconditional/Irrevocable Letter of Credit, Bid Bond Voucher (for projects less an $200,000) issued to City of Miami by certified check, treasurer's check or bank draft of a national or state bank (United States), in the amount of five per cent (5%) of the total Bid amo. , payable to the City of Miami , Florida, and conditioned upon the successful Bidder exe• ing the Contract and providing the required Performance Bond and Payment Bond and evi•, ice of required insurance within fifteen (15) calendar days after notification of award of the Co act. 8 Beacom Project Area Improvements Phase II ITB No.: 12-13-051 SUBSTITUTED The time for execution of the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by the City's Capital Improvements and Transportation Department at its sole discretion. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful idder shall be forfeited to the City as liquidated damages, not as a penalty, for the cost and e ense incurred should said Bidder fail to execute the Contract, and provide the required Pe mance 9. Pre. tion of Bid This ITB , • tains Bid Forms for the five (5) underlying component projects and the Bidder must provide un •rites for all Work to be performed for each of the five (5) underlying component projects in or. to be deemed responsive to this ITB. All Bids must b be signed and a Failure to utilize the the response is non-r ade upon the blank City forms provided herein and herewith. The Bid must owledged by the Bidder in accordance with the directions on the ITB. ty's forms, or fully complete said forms will result in a determination that onsive The Bidder will be consi revisions to the terms and d non -responsive if Bid is conditioned on modifications, changes, or ditions of the ITB. The Bid is to include the f fishing of all labor, materials, overhead expense and profit, equipment including, but not li d to, tools, services, permit fees, applicable taxes, overhead and profit for the completion of th ork except as may be otherwise expressly provided in the Contract Documents. Joint venture firms must complete a submit with their Bid the form titled "Information for Determining Joint Venture Eligibility", (m A) and submit a copy of the formal agreement between all joint -venture parties. This joi venture agreement must indicate their respective roles, responsibilities and levels of participat for the Project. Failure to submit Form A, along with an attached written copy of the joint ventu agreement may result in disqualification of the Bid. All joint venture firms must meet the require nts stipulated in the Florida Statutes. 10. No Pre -Bid Conference There will be NO PRE -BID CONFER- CE for this Project 11. Postponement of Bid Opening Date The City reserves the right to postpone the date for receipt and ope g of submissions and will make a reasonable effort to give at least five (5) calendar • . s notice of any such postponement to prospective Bidders. The City shall make reasonable efforts to issue addenda within five (5) cal the due date. 12. Acceptance or Rejection of Bids The City reserves the right to reject any or all Bids prior to award, to re -advertise fo not award any Contract in the reasonable discretion of the City. The City reserves the right to waive any minor technicality, informality, variance, omission or the like up to or prior to award of the bid. ar days prior to 9 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 idsand to ation, SUBSTITUTED Reasonable efforts will be made to either award the Contract or reject all Bids within ninety (90) calendar days after Bid opening date. A Bidder may not withdraw its Bid unilaterally nor change the Contract Price before the expiration of one hundred twenty (120) calendar days from the date of bid: opening. A Bidder may withdraw its Bid after the expiration of one hundred twenty (120) calendar days from the date of Bid opening by delivering written notice of withdrawal to. e Department of Capital Improvements and Transportation prior to award of the Contract by City Commission. 13. En ' onmental Regulations The reserves the right to consider a Bidder's history of citations and/or violations of environ tal regulations in investigating a Bidder's responsibility, and further reserves the right to declare.. :idler not responsible if the history of violations warrant such determination in the opinion of t City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, not s and dispositions thereof. The non -submission of any such documentation shall be deeme• o be an affirmation by the Bidder that there are no citations or violations. Bidders shall not i e City immediately of notice of any citation or violation which Bidder may receive after the S ittal opening date and during performance of the Work under this Contract. 14. Bid Award The City shall award the tract for this ITB to the lowest responsive and responsible Bidder based on the combi • total of the bid amounts submitted for all five (5) of the underlying component project i.e. Base Bid plus Alternates A through D). However, the City, in its sole and absolute di etion, may elect to eliminate/reduce from the Project's scope one or more of the five un• lying component projects prior to final execution of the Contract. The City may require demonstration of co •etency and at its sole discretion conduct site visits, require the Bidder to furnish documentation d/or require the contractor to attend a meeting to determine the Bidder's qualifications and - ' ity to meet the terms and conditions of this Contract. The City shall consider, but not be lim d to, such factors as financial capability, labor force, equipment, experience, knowledge of the ade work to be performed, the quantity of Work being performed, and past performance on Ci •rojects by the Contractor. The Bidder must be able to demonstrate a good re financial resources to ensure that it can satisfactorily pro herein. d of performance and have sufficient e the goods and/or services required The City, at its sole discretion may determine a Bidder to be n-responsible where the Bidder has failed to perform in accordance with other contracts with th sty. Any Bidder who, at the time of submission, is involved in an ongoi bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a tr ee or receiver has been appointed over all or a substantial portion of the property of the Bidde der federal bankruptcy law or any state insolvency, may be declared non -responsive. Any Bidder who may have filed a lawsuit against the City or where the City -s filed a lawsuit or won a court judgment against the Bidder may be declared non -responsive. 15. Bid Protest Any actual or prospective contractual party who feels aggrieved in connect' • with this solicitation or intends to contest a bid specification or a bid solicitation or any resp ive and responsible bidder, whose bid is lower than that of the recommended bidder, may pr• -st the issuance of the ITB or an award of a contract. Eligible protests must be submitted in wr 'g to 10 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED the Director of Purchasing/Chief Procurement Officer who shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest with final approval by the City Commission. Bidders are alerted to Section 18-104 of the City's Code describing the protest procedures. Protests failing to meet the requirements for filing shall NOT be accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to le a protest. NO EXCEPTIONS. 16. Co unity Small Business Enterprise ("CSBE") Participation The C ractor must comply with the following CSBE participation requirements. All instructio required forms and other information necessary for complying with the CSBE part '•ation requirements are available on the CIP webpage. a) The Co actor must assign a minimum of fifteen percent (15%) of the Contract value to a res• dent or to a construction related enterprise currently certified by Miami - Dade Coun -s a Community Small Business Enterprise (CSBE) as set forth in Sec. 10-33.01 an• ' -c. 10-33.02 of the Miami -Dade County Code; b) Five percent ( of the bid amount shall be retained by the City for the CSBE requirements un said requirements are fulfilled and verified within six (6) months of Contract •mpletion pursuant to Section 18-89 of the City Code. -Failure to comply with the C ' E requirements within six (6) months of Contract completion shall result in the forfei . - of the retained amount to the City. This five percent (5%) retainage is included withi e ten percent (10%) retainage normally withheld by the City; c) The Contractor shall retain thservices of an independent third party to verify and certify compliance with these rirements on a quarterly basis in accordance with Section 18-89 of the City Cod Said third party shall be unaffiliated with the respondent and be properly license. nder the provisions of Section 454, 471, 473, or 481 of the Florida Statutes. The son performing the verification shall have a minimum of two (2) years of prior pro sional experience in contracts compliance, auditing, personnel administration, or fi- experience in payroll, enforcement, or investigative environment. The cost for this v- ication shall be included in the related contract costs. The following Zink is to the Miami -Dade County we le where Bidders can view the current listing of certified CSBE cont tors by trade. http://www.miamidade.qov/businesslreports-ce ation-Iists.asp 17. Local Workforce Participation Unless disallowed by Florida Statutes, Federal Laws or gra requirements, the Contractor must comply with the following Local Workforce Participa requirements. All instructions, required forms and other information necessary for com• g with the Local Workforce Participation requirements are available on the CIP webpage. a) The Contractor must employ a minimum of fifteen percent (15%) of on -site • bor from persons residing within the municipal boundaries (e.g. city limits of the Ci of Miami). The City residency of the onsite labor component will be subject to verification •y the issuing department; 11 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Five percent (5%) of the bid amount shall be retained by the City as security for the verification of compliance with such requirements until said requirements are fulfilled and verified within six (6) months of Contract completion pursuant to Section 18-89 of the City Code. Failure to comply with the Local Workforce Participation requirements within six (6) months of Contract completion shall result in the forfeiture of the retained amount to the. City; The Contractor will be required to hold one (1) job fair within the local community for projects with a bid amount between $1,000,000 and $2,000,000; The Contractor will be required to hold two (2) job fairs within the local community projects with a bid amount greater than $2,000,000; Contractor shall coordinate job fairs and hiring initiatives with the South Florida Wo orce; The i tractor shall retain the services of an independent third party to verify and certify compli e with these requirements on a quarterly basis in accordance with City Code Section 1 :9. Said third party shall be unaffiliated with the Respondent and be properly licensed u -r the provisions of Chapters 454 ("Attorneys"), 471 "Engineering"), 472 ("Land Survey 1g/Mapping"), 473 ("Public accountancy"), or 481 ("Architecture") of the Florida Statute he person performing the verification shall have a minimum of two (2) years ofprior p .essional experience in contracts compliance, auditing, personnel administration, or fi: • experience in payroll, enforcement, or investigative environment. The cost for this verifi. ion shall be included in the related Contract costs. 18. Intentionally Omitted 19. Cone of Silence Pursuant to Section 18-74 of the City Co. a "Cone of Silence" is imposed upon this ITB City Manager issues a written recommendatio Silence prohibits any verbal communications reg codification of Miami Ordinance No. 12271, a r advertisement and terminates at the time the o the Miami City Commission. The Cone of ing this ITB. Any communication concerning this ITB must sub in writing to CIP and Bidders must file a copy of such written communications with the Office • he City Clerk. Written communications may be in the form of e-mail, with a copy t• the Office of the City Clerk at rcastillo cr miamigov.com. This language is only an overview of the requirements of t Cone of Silence. Please review Section 18-74 of the City Code for a complete and thorough d- ription of the Cone of Silence. You may also contact the City Clerk at (305)-250-5360, to obtain - opy. 20. Public Entity Crime A person or affiliate who has been placed on the convicted Bidder list owing a conviction for a public entity crime may not submit a proposal on a contract to provide y goods or services to a public entity, may not submit a Response on a contract with a blic entity for the construction or repair of a public building or public works project, may not su. (it a response on a lease of real property to a public entity, may not be awarded or perform wor' -s a contractor, supplier, subcontractor, or Consultant under a contract with any public entit , :nd may not transact business with any public entity in excess of the threshold amount provi.: in Section 287.017 of Florida Statutes for Category Two for a period of 36 months from the d.. of being placed on the convicted Bidder / Bidder list. 21. Fraud and Misrepresentation 12 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Any individual, corporation or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement, or omission of any material fact, may be debarred for up to five (5) years in accordance with the applicable provisions of the City Code. The City as a further sanction may terminate or cancel any other contracts with such ndividual, corporation or entity. Such individual or entity shall be responsible for all direct or rect costs associated with termination or cancellation. 22. C. Sion Wher o (2) or more related parties, as defined herein, each submit a response to an ITB such s issions shall be presumed to be collusive. The foregoing presumption may be rebutted he presentation of evidence as to the extent of ownership, control and management _- of such rel. d parties in preparation and submission under such ITB. Related parties shall mean emplo , -s, officers or the principals thereof which have a direct or indirect ownership interestinanot firm or in which a parent company or the principals thereof of one Contractor have a direct or 'irect ownership interest in another Contractor for the same project(s). ITB responses found to collusive shall be rejected. 23. Contractor in Arrears Default The Contractor represents not a defaulter as a surety contractor warrants that the Co by or debarred from doing busin Florida, the Federal Government States of America, nor is there a responsibility or qualification to rece warrant as stated in this Article to be a change during the term of the Contract. The City shall not consider and deem as non-r City has determined that the Bidder is in moneta the City at the time and date Bids are due. 24. Cancellation of Solicitation The City reserves the right to cancel, in whole or in part, interest of the City. This determination will be at the discre recourse from such cancellation. warrants that the Contractor is not in arrears to the City and is otherwise upon any obligation to the City. In addition the ctor has not been declared "not responsible" or "disqualified" with any state or local government entity in the State of any other State/local governmental entity in the United proceeding pending pertaining to the Contractor's public agreements. The Contractor considers this ntinual obligation and shall inform the City of any onsible Bids submitted by Bidders where the rrears or otherwise in debt or in default to 13 Beacom Project Area Improvements — Phase II solicitation when it is in the best of the City and there will be no ITB No.: 12-13-051 SUBSTITUTED Section 2 — General Terms and Conditions Definitions Basis of Design means a specific manufacturer's product that is named; including the make or model number or other designation, establishing the significant qualities related to type, nction, dimension, in-service performance, physical properties, appearance, and other c acteristics for purposes of evaluating comparable products of other manufacturers. Bid 'eans the response submitted by a bidder to this solicitation, which includes the price, autho -d signature and all other information or documentation required at by the Contract Docum- at the time of submittal. Bidder m= s any individual, firm, incorporated or unincorporated business entity, or corporation t .•ering a Submittal, acting directly or through a duly authorized representative. Bidder shall h. -_ the same meaning as Contractor once a Contract for the Work has been awarded by the o and executed by the parties. Change. Order me. . a written document ordering a change in the Contract Price or Contract Time or a material nge in the Work. A change order must comply with the Contract Documents. City means the City of ami, Florida, a Florida municipal corporation. In all respects hereunder, City's performan s pursuant to the City's capacity as Owner. In the event the City exercises its regulatory autho as a governmental body, the exercise of such regulatory authority and the enforcement o ny rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuan g City's authority as a governmental body and shall not be attributable in any manner to the as a party to this Contract. For the purposes of this Contract, "City" without modification sh- mean the City Manager or Director, as applicable. City Commission means the legislative of the City of Miami. City Manager means the duly appointed chi- -dministrative officer of the City of Miami. Community Small Business Enterprise ("C including a design -build firm, and any firm providi a construction project, as defined in Section 10-33. is additionally referenced in Section 18-89 of the City ') means a construction related enterprise, trades and/or services for the completion of f the Code of Miami -Dade County. CSBE de and in these Contract Documents. Consultant means a firm that has entered into a se. .te agreement with the City for the provision of design/engineering services for a Project; an. applicable, means the Architect or Engineer of Record contracted by the City to prepare th= glans and specifications for the Projects. Consultant may also be referred to as Architect or E eer of Record. Contract means the Invitation to Bid (ITB) solicitation and the . documents that have been executed by the Bidder and the City subsequent to approval of awa by the City Contractor means the person, firm, or corporation with whom the City las contracted and who will be responsible for the acceptable performance of any Work and for . - payment of all legal debts pertaining to any Work issued under this contract through the award an ITB. Contract Documents means the Contract as may be amended from time to 'e, the plans and drawing, all addendum, clarifications, directives, change orders, payments d other such documents issued under or relating to the Project(s). Construction Change Directive means a written directive to effect changes t. e Work, issued by the Consultant or the Director that may affect the ITB Contract price or time. 14 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Construction Schedule means a critical path schedule or other construction schedule, as defined and required by the Contract Documents. Consultant means the Architect or Engineer of Record contracted by the City to prepare the plans andspecifications for the Projects. Consultant may also be referred to as Architect or ngineer of Record. e means the action taken by the Contractor promptly after receipt of written notice from the Ci' • •f a breach of the Contract Documents which shall be performed at no cost to the City, to repa eplace, -correct, or remedy all material, equipment, or other elements of the Work or the Contra. Documents affected by such breach, or to otherwise make good and eliminate such breach, i uding, without limitation, repairing, replacing or correcting any portion of the Work or the Pro1ecsite(s) disturbed in performing such cure. Cure Perio + eans the period of time in which the Contractor is required to remedy deficiencies in Work or compliance with the Contract Documents after receipt of written notice to Cure fro he City identifying the deficiencies and the time to Cure. Design Document Bid/Proposal Solicitati Agreement with the City. eans the construction plans and specifications included as part of a prepared by the consultant for this Project(s) under a separate Director means the Direct. if the Department of Capital Improvements and Transportation or designee, who has the aut ity and responsibility for managing the Project(s) under this Agreement. Drawings means the graphic an, .ictorial portions of the Work, which serve to show the design, location and dimensions of - Work to be performed, including, without limitation, all notes, schedules and legends on such awings. Field Directive means a written approve r the Contractor to proceed with Work requested by the City or the consultant, which is minor in ture and should not involve additional cost. Final Completion means the date subseque o the date of Substantial Completion at which time the Construction Manager has completed the Work in accordance with the Agreement as certified by the architect or engineer of recor• the City and submitted all documentation required by the Contract Documents. Guaranteed Maximum Cost means the sum establis • by these Contract Documents as the maximum cost to the City of performing the specified Wo on the basis of the cost of labor and materials plus overhead expenses and profit. Inspector means an authorized representative of the Ci assigned to make necessary inspections of materials furnished by Contractor and of the Wor-rformed by Contractor. Local Workforce Participation Requirements shall mean the re• rements set forth in § 18- 89 of the City Code that (unless determined inapplicable or exem. -d by the City Manager pursuant to this Code Section) the Bidder/Respondent will employ o le labor from persons who reside within the City of Miami municipal boundaries (e.g. city limits). Materials mean goods or equipment incorporated in a Project(s), or used consumed in the performance of the Work. Notice of Award means the written letter to the Contractor notifying the Cont tor that they have been awarded the Contract. Notice To Proceed means a written letter or directive issued by the Director o esignee acknowledging that all conditions precedent have been met and directing that the C. actor may begin Work on the Project(s). 15 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Plans and/or Drawings means the official graphic representations of a Project(s). Project Or Work as used herein refers to all reasonably necessary and inferable construction and services required by the Contract Documents whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by he Contractor to fulfill the(its) obligations, including completion of the . construction in cordance with the Drawings and Specifications. The Work may constitute the whole or a part o 'e Project(s). ProjManager means the individual assigned by CIP to manage the Project(s). Reque or Information (RFI) means a request from the Contractor seeking an interpretation or clarific- in relative to the Contract Documents. The RFI, which shall be clearly marked RFI, shall clear! d concisely set forth the issue(s) or item(s) requiring clarification or interpretation and why the ponse is needed. The RFI must set forth the Contractor's interpretation or understanding • e document(s) in question, along with the reason for such understanding. Risk Administrate means the City's Risk Management Administrator, or designee, or the individual named by 'e City Manager to administer matters relating to insurance and risk of loss for the City. Subcontractor means a -rson, firm or corporation having a direct contract with Contractor including one who furnish- material worked to a special design according to the Contract Documents, but does not incl - one who merely furnishes Materials not so worked. Submittal means documents p eared and submitted by the Bidder to pre -qualify under this solicitation. Substantial Completion means tha. •oint at which the Work is at a level of completion in substantial compliance with the Agree t such that the City can use, occupy and/or operate the facility in all respects to its intended • •ose. Substantial Compliance shall not be deemed to have occurred until any and all governm- al entities, which regulate or have jurisdiction over the Work, have inspected, and approved the ork. Beneficial use or occupancy shall not be the sole determining factor in determining whe r Substantial Completion has been achieved, unless a temporary certificate of occupancy has b -n issued. Work means the completed construction required the Contract Documents, including all labor necessary to produce such construction and I materials, supplies, and equipment incorporated or to be incorporated in such construction 2. Time is of the Essence Contractor will promptly perform its duties under the Contract • will give the Work as much priority as is necessary to cause the Work to be completed on a ti -ly basis in accordance with the Contract Documents. All Work shall be performed strictly (not sstantially) within the time limitations necessary to maintain the critical path and all deadlines eblished in the Contract Documents. All dates and periods of time set forth in the Contract Documents, inc • ing those for the commencement, prosecution, interim milestones, milestones, and compeeeo •f the Work, and for the delivery and installation of materials and equipment, were included cause of their importance to the City. Contractor acknowledges and recognizes that the City is entitled to full an •eneficial occupancy and use of the completed Work following expiration of the Contract Time. 16 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED In agreeing to bear the risk of delays for completion of the Work except for extensions approved in accordance with Article 71, Excusable Delays, the Contractor understands that, except and only to the extent provided otherwise in the Contract Documents, the occurrence of events of delay within the Contractor's control, the Work shall not excuse the Contractor from its obligation to achieve full completion of the Work within the Contract Documents Time, and shall of entitle the Contractor to an adjustment. All parties under the control or contract with the tractor shall include but are not limited to material persons and laborers. The ontractor acknowledges that the City is purchasing the right to have the Contractor conti usly working at the Project(s) site(s) for the full duration of the Project to ensure the timely c, pletion of the Work. 3. Contract - rm The Contract .II commence upon issuance of the Notice of Proceed, which shall be issued subsequent to execution of the Contract by the City. The Contract shall terminate upon notice by the City t the Contract has been closed -out after final completion or otherwise terminated by the pursuant to the terms and conditions herein set forth. The total bid amount shallbe the uaranteed Maximum Cost ("GMC") of the Project which means the maximum cost of the w• including labor, materials, equipment, overhead expenses and profit. The City will .not be liabl- •r payment of any amount in excess of the GMC (unless, the City Commission has approved project contingency or has approved a prior amendment to the Contract, setting forth an adds al amount due to Owner requested changes or its equivalent. If the term Guaranteed Maxim . Price ("GMP") is used in this Agreement, it shall have the same definition as GMC, defined •ve. 4. Notices Whenever either party desires to give such must be addressed to the party for wh place for giving of notice shall remain such u compliance with the provisions of this Article received or within 3 days of mailing, if mailed thr shall be deemed given on the date sent via e-mail via courier/delivery service upon the initial delivery d present, the parties designate the following as the respe en For City of Miami: Mark Spanioli, P.E., Director Capital Improvements & Transportation Program City of Miami 444 S.W. 2nd Avenue, - 8th Floor Miami, Florida 33130 Jeovanny Rodriguez, P.E., Assistant Director Capital Improvements & Transportation Program City of Miami 444 S.W. 2nd Avenue, - 8th Floor Miami, Florida 33130 For Contractor: 17 Beacom Project Area Improvements — Phase II Notice unto the other relating to the Contract, it is intended at the place last specified; and the it shall have been changed by written notice in Notice shall be deemed given on the date h the United States Postal Service. Notice facsimile. Notice shall be deemed given by the courier/delivery service. For the ve places for giving of notice: ITB No.: 12-13-051 SUBSTITUTED TBD During the Work the Contractor shall maintain continuing communications with Consultant and the Project Manager. The Contractor shall keep the City fully informed as to the progress of the oject(s) at all times through ongoing communications with the Project Manager. T Contractor shall notify the Miami Police Department and Fire Department about the con ction schedule(s). The Contractor is required to obtain a current list of contract persons and p e numbers from the City of Miami's Project Manager prior to Construction. The Con ctor must notify residents living within 500 feet of the project in writing as least one week iri as ce prior to commencing work in the general area. 5. Priorit of ' visions All work shall be Documents and S well as the Miami Department of Transp structed in accordance with the latest edition of the City of Miami's Contract ifications. The City of Miami 's Standards for design and construction as de County's Standards Details, and the 2007 Edition of the Florida tion Specifications Road and Bridge Construction. If there is a conflict or inc any exhibit attached heret incorporated into the Contrac specifications and plans prepar following order of precedence sha sistency between any term, statement requirement, or provision of any document or events referred to herein, or any document ocuments by reference and a term, statement, requirement, the y the Consultant, or provision of the Contract Documents the pplY: In the event of conflicts in the Contra • Revisions to the Contract shall g • The Contract Documents shall go • Addendum to an ITB shall govern ov ocuments the priorities stated below shall govern; ern over the Contract over the Contract a ITB In the event of conflicts within the Contract Docents the priorities stated below shall govern: • Scope of Work and Specifications shall go • Schedules, when identified as such shall go • Specific notes shall govern over all other unless specifically stated otherwise • Larger scale drawings shall govern over smaller sc • Figured or numerical dimensions shall govern over di • Where provisions of codes, manufacturer's specificat conflict, the more restrictive or higher quality shall govern 6. Indemnification Contractor shall indemnify and hold harmless City, its officers, employees, from liabilities, damages, losses, judgments, and costs, inc reasonable attorney's fees, to the extent caused by the negligence, reckl or omission, or intentional wrongful misconduct of Contractor and persons by Contractor in the performance of this Contract. Contractor shall, further, officials and employees, harmless for, and defend the City, its officials an against, any civil actions, statutory or similar claims, injuries or damages arisin from the permitted work or performance of the Contract or the failure of the Contract with applicable laws, codes, rules, and regulations, or the permitting/approval requir any public agency having jurisdiction over the Work or the failure of the Contractor to with any term, provision or requirement of the Contract Documents, even if it is alleged 18 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 n over plans and drawings over all other portions of the plans no. , and all other portions of the plans, drawings nsions obtained by scaling s or industry standards are in gents, directors, and ing, but not limited to ness, negligent act loyed or utilized Id the City, its r employees or resulting o comply ents of mply th. the SUBSTITUTED City, its officials and/or employees were negligent. These indemnifications shall survive the cancellation and the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or herwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and s- - harmless and defend the City or its officers, employees, agents and instrumentalities as her: I provided. The in mnification provided above shall obligate Contractor to defend, at its own expense, to and throh appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's .• on, any and all claims of liability and all suits and actions of every name and description ' ich may be brought against City whether performed by Contractor, or persons employed or u ed by Contractor. This indemnity urvive the cancellation or expiration of the Contract. This indemnity will be interpreted under t laws of the State of Florida, including without limitation and interpretation, which conforms to th mitations of §725.06 and/or §725.08, Florida Statutes as applicable. Contractor shall requir- -II Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and ognizes that the City shall not be held liable or responsible for any claims which may result f , ' any actions or omissions of the Contractor in which the City participated either through revie or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submis •ns by the Contractor or other acts of the Contractor, the City in no way assumes or share ny responsibility or liability of the Contractor or Sub - Contractor, under this Agreement. Ten dollars ($10) of the payments m- e by the City constitute separate, distinct, and independent consideration for the granting ► his Indemnification, the receipt and sufficiency of which is acknowledged by the Contractor. 7. Insurance Without limiting any of the other obligations or liabi s of Contractor, Contractor shall provide, pay for, and maintain in force until all of its Work to berformed under this Contract has been completed and accepted by City (or for such duration a s otherwise specified hereinafter), the insurance coverage's set forth herein. 77.11. Workers' Compensation insurance to app or all employees in compliance with the Statutory "Workers' Compensation La of the State of Florida and all applicable federal laws. In addition, the policy(ies ust include: ■ Waiver of subrogation ■ Statutory State of Florida ■ Limits of Liability 7.2. Employers' Liability with a limit of One Million Dollars C. ' 00,000.00) Dollars each bodily injury caused by an accident, each accident. • Million Dollars ($1,000,000.00) Dollars each bodily injury caused by disease, ach employee. One Million Dollars ($1,000,000.00) Dollars each bodily in caused by disease, policy limit. 7.3. Commercial General Liability (Primary & Non Contributory) (CG 2010 11/85) 19 Beacom Project Area Improvements — Phase 11 ITB No.: 12-13-051 SUBSTITUTED (CGL) with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability, with a general aggregate limit of Two Million Dollars ($2,000,000.00). Coverage must be afforded on a primary and non contributory basis and with a coverage form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: ■ Products and/or Completed Operations for contracts with an Aggregate Limit of One Million Dollars ($1,000,000.00) per project. Contractor shall maintain in force until at least three years after completion of all Work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. Personal and Advertising Injury with an aggregate limit of One Million Dollars ($1,000,000). CGL Required Endorsements o Employees included as insured Contingent Liability/Independent Contractors Coverage tractual Liability o Wa of Subrogation o Premi and/or Operations Liability o Explosion, ollapse and Underground Hazard o Loading an. loading City is to be expressly i uded as an Additional insured pursuant to endorsement number CG 201 ' 1/85 or its equivalence. 7.4. Business Automobile Liabilit ($1,000,000.00) per occurrence c and Property Damage Liability. Cov restrictive than the latest edition of without restrictive endorsements, as file must include: th minimum limits of One Million Dollars bined single limit for Bodily Injury Liability ge must be afforded on a form no more Business Automobile Liability policy, the Insurance Services Office, and • Owned Vehicles ■ Hired and Non -Owned Vehicles • Employers' Non -Ownership ■ Employees included as insureds ■ City of Miami as Additional Insured ■ Any Auto • Scheduled Autos 7.5. Umbrella Policy (Excess Following Form/True Excess Following Form/True Umbrella) ■ Bodily injury and property damage liability with limits of ree Million Dollars ($3,000,000) per occurrence, Three Million ► lars ($3, 000,000) Aggregate. Excess coverage over the policies as follows: 20 Beacom Project Area Improvements — Phase it ITB No.: 12-13-051 SUBSTITUTED • Commercial General Liability • Business Automobile Liability • Employer's Liability City shall be listed as an additional insured. 7.6. . Installation Floater Causes of Loss: Special Form including Wind and Hail Valuation: Replacement Cost City of Miami included as an additional insured 5% Maximum on Wind A. Limit/Value at Location or Site: $ TBD uired for the installation of machinery and/or equipment into an existing str ure is required. The coverage shall be "All Risk" coverage including insta on and transit for 100 percent of the "installed replacement cost value," coverin. City as a named insured, with a deductible of not more than Five Thousan• vollars ($5,000.00) each claim. 7.7. Owners & • tractor's Protective Each Occurren General Aggrega $1,000,000 $1,000,000 The above policies shall provide t City of Miami with written notice of cancellation or material change from the insurer not less t (30) days prior .to any such cancellation or material change. If the initial insurance expire 'rior to the completion of the Work, renewal copies of policies shall be furnished at least thirty days prior to the date of their expiration. Notice of Cancellation and/or Restriction--T at least thirty (30) days notice of cancellation policy (ies) must be endorsed to provide City with /or restriction. Contractor shall furnish to the Capital Improve nt Program the Certificates of Insurance or endorsements evidencing the insurance coverag- •ecified above within fifteen (15) calendar days after notification of award of the Contract. required Certificates of Insurance shall name the types of policies provided, refer specifica to this Contract, and state that such insurance is as required by this Contract. The official title of the Owner is the City of Miami, Florida. official title shall be used in all insurance documentation. The City of Miami shall be listed as additional insured where applicable. Companies authorized to do business in the State of Florida, wi the following qualifications, shall issue all insurance policies required above: Companies authorized to do business in the State of Florida, with th .!lowing qualifications, shall issue all insurance policies required above: The company must be rated no Tess than "A-" as to management, and no le- than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, publis 'd by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certifica of insurance are subject to review and verification by Risk Management prior to insurance appr• .I. The Risk Administrator or his/her authorized designee reserves the right require modifications, increases, or changes in the required insurance requirements, erage, deductibles or other insurance obligations by providing a thirty (30) day written notice • the 21 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Contractor in accordance with Section 2, General Conditions, Article 4, Notices. Contractor shall comply with such requests unless the insurance coverage is not then readily available in the national market. An additive or deductive change order will be issued to adjust the contract value as necessary. For insurance bonding issues and decisions, the City shall act through its Risk Administrator (unless otherwise stated). 8. rformance and Pa ment Bond W' fiftee ("Bon e required by the Contract Documents or by Florida Statutes, the Contractor shall within 15) calendar days of being notified of award, furnish a Performance/Payment Bond ontaining all the provisions of the attached Performance/Payment forms. shall be in the amount of one hundred percent (100%) of the Contract value to City the completion and performance of the Work covered in the Contract a well as full payment of all suppliers, laborers, or subcontractors employed thi 'roject(s). Each Bond shall be with a Surety, which is qualified pursuant to n of Surety. Each Bo guaranteein Documents pursuant to Article 9, Qualific Each Bond shall co ue in effect for one year after Final Completion and acceptance of the Work with liability equ o one hundred percent (100%) of the Contract value, or an additional bond shall be conditione. hat Contractor will, upon notification by City, correct any defective or faulty work.or materials wh I appear within one year after Final Completion of the Project(s). The City must be listed as an ligee. Pursuant to the requirements o -ction 255.05(1)(a), Florida Statutes, as amended from time to time, Contractor shall ensure ' 't the Bond(s) referenced above shall be recorded in the public records and provide City with 'dence of such recording. Alternate Form of Security: In lieu of a Performance/Payment Bond, it -actor may furnish alternate forms of security, which may be in the form of cash, money orde ertified check, cashier's check or unconditional letter of credit in the form attached. Such altern. forms of security shall be subject to the prior approval of City and for same purpose and shal subject to the same conditions as those applicable above and shall be held by City for one -r after completion and acceptance of the Work. 9. Qualification of Surety Bid Bonds, Performance/Payment Bonds over Two Hundred ousand Dollars ($200,000.00): Each Bond must be executed by a surety company with a ng of (A-) and based on the Financial Size Category of (VII). The surety company mus •e of recognized standing, authorized to do business in the State of Florida as surety, having esident agent in the State of Florida and having been in business with a record of successful tinuous operation for at least five (5) years. The Surety shall hold a current certificate of authority as acceptable sure n federal bonds in accordance with United States Department of Treasury Circular 570, Curre Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the ci lar, in order to qualify, the net retention of the Surety shall not exceed the underwriting Iimitatio the circular, and the excess risks must be protected by coinsurance, reinsurance, or oth ethods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Sec 223.10, Section 223.111). Further, the Surety shall provide City with evidence satisfactory to ty, that such excess risk has been protected in an acceptable manner. 22 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED 10. General Requirements 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. The Contractor agrees that the Contractor will at all times employ, maintain and assign to the erformance of a Project a sufficient number of competent and qualified professionals and other sonnel to meet the requirements of the Work to be performed. Th - ontractor agrees to adjust staffing levels or to replace any staff personnel if so requested by the 'roject Manager, should the Project Manager make a determination that said staffing is unacce ble or that any individual is not performing in a manner consistent with the requirem s for such a position. The Contra knowledge, e perform the Wo represents that its staff personnel have the proper skills, training, background, rience, rights, authorizations, integrity, character and licenses as necessary to in a competent and professional manner. The Contractor-sh •rovide temporary facilities and controls necessary to perform the Work and to ensure safe - 'd proper access and use of the site by the Project Manager and the Consultant. Any suc •ecific requirements will be included in the Technical Specification portion of the ITB. The Contractor shall at all 'es cooperate with the City, or the Consultant and coordinate its respective Work efforts to mo -ffectively and efficiently progress the performance of the Work. The City, the Consultant and othgencies authorized by the City, shall have full access to the Project(s) site(s) at all times. The Contractor shall be responsible f release from his obligations under the to he good condition of the Work or materials until formal s of the Contract Documents. Contractor shall bear all losses resulting to •n account of the amount or character of the Work, or the character of the ground, being differen om what he anticipated. The Contractor shall at all times conduct the W. in such manner and in such sequence as will ensure the least practicable local interference. ontractor shall not open up Work to the prejudice of Work already started, and the Project ager may require the Contractor to finish a section on which Work is in progress before Work is .rted on any additional section. Contractor is to take necessary precautions and use aution when working in or around overhead transmission lines and underground utilities. The apparent silence of the Contract Documents as to any de. 'I, or the apparent omission from them of a detailed description concerning any Work to be don .nd materials to be furnished, shall be regarded as meaning that only best practices are to p vail and only materials and workmanship of the best quality are to be used in the performance e e Work. 11. Method of Performing the Work If the Project Manager or Consultant reasonably determines the rate of p not such as to ensure its completion within the designated completion time, of the Project Manager or Consultant, the Contractor is not proceeding with or expeditiously or is not performing all or any part of the Work accordin schedule accepted by or determined by the Project Manager or Consultant, the P or the Consultant shall have the right to order the Contractor to do either or both of (1) improve its work force; and/or (2) improve its performance in accordance with th to ensure completion of the Project(s) within the specified time. The Contrac immediately comply with such orders at no additional cost to the City. (3) The City at 23 Beacom Project Area Improvements - Phase II ITB No.: 12-13-051 ress of the Work is r if, in the opinion Work diligently o the Project t Manager following: chedule shall ole SUBSTITUTED option may also have Work performed by a third party contractor and deduct such cost from any monies due the Contractor. Where materials are transported in the performance of the Work, vehicles shall not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State r local law(s). When it is necessary to cross curbing or sidewalks, protection against damage all be provided by the Contractor and any damaged curbing, grass areas, sidewalks or other a -s shall be repaired at the expense of the Contractor to the satisfaction of the Project Ma ; er or Consultant. Contra, •r is responsible to control dust and prevent it from becoming a public nuisance or causing , '-site damage. Contractor shall take all necessary and prudent measure to control dust. The Contract • hall furnish to the Project Manager and the Consultant a complete listing of 24- hour telephone mbers at which responsible representatives of the Contractor and all of the Contractor's Sub tractor can be reached should the need arise at any time. 12. Work The Work to be perfor City operations of the Pr be subject to the approval the authority to require chan no obstruction of City service Consultant. All requests for su Project Manager or Consultant 24 h hasin shall be done in such a manner so as not to interfere with the normal t site or facility. The manner in which the Work is performed shall he Project Manager or Consultant, whom if necessary, shall have in the manner in which the Work is performed. There shall be ithout the prior written approval of the Project Manager or interruption or obstruction must be given in writing to the rs in advance of the interruption of City operations. The Contractor shall familiarize itsel ith normal City operations where the Work is to be performed so that it can conduct the ork in the best possible manner to the complete satisfaction of the Project Manager and C. ultant. A staging plan must be submitted to and ap •ved by the Project Manager or the Consultant prior to the start of construction and issuance o e Notice to Proceed. Such staging plan shall be revised and resubmitted as necessary during struction. 13. Site Investigation and Representation The Contractor acknowledges that it has satisfied itse :s to the nature and location(s) of the Work under the Contract Documents, the general an, local conditions, particularly those bearing upon availability of transportation, disposal, h 'dling and storage of materials, availability of labor, water, electric power, and roads, the c. 'formation and conditions at the ground based on City provided reports, the type of equipment d facilities needed preliminary to and during the performance of the Work and all other matters 'ch can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor further acknowledges that it has satisfied itself ba 'd on any geotechnical reports the City may provide and inspection of the Project(s) site(s) as he character, quality, and quantity of surface and subsurface materials to be encountered from' •ecting the site and from evaluating information derived from exploratory work that may have b- I done by the City or included in this Contract Documents. Contractor should examine the soil conditions at the Project site to determin- ' any special shoring, sheeting, or other procedures are necessary to protect adjacent pr• -rty during excavation of subsoil materials or during filling of any area(s), or for any operation ring the performance of the Work. 24 Beacom Project Area Improvements — Phase 11 ITB No.: 12-13-051 SUBSTITUTED Any failure by the Contractor to acquaint itself with all the provided information and information- obtained by visiting the Project(s) site(s) will not relieve Contractor from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. In the event that the actual subsurface conditions vary from the actual City provided reports the Contractor shall notify the City and this Contract Documents amount may be adjusted up or down epending on the conditions. 14. C tractor to Check Plans S•ecifications and Data Con tor shall verify all dimensions, quantities and details shown on the plans, specifications or oth •ata received from Project Manager or Consultant as part of a Contract Documents, and sha notify the Project Manager and the Consultant of all errors, omissions and discrepanc found therein within three (3) calendar days of discovery. Contractor will not be allowed to t. - advantage of any error, omission or discrepancy, as full instructions will be furnished by th. roject Manager or by Consultant. Contractor shall not be liable for damages resulting from er s, omissions or discrepancies in the Contract Documents unless Contractor recognized such - •r, omission or discrepancy and knowingly failed to report it to Project Manager or Consult 15. Contractor's Res • o • Hit for Dama • es and Accidents Contractor shall accept fu sponsibility for Work against all losses or damages of whatever nature sustained until Final ceptance by City, and shall promptly repair or replace, at no additional cost to the City any •rk, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whats• er. Contractor shall accept full respon 'lity for Work against all losses or damages of whatever nature sustained until Final Accepta - by City, and shall promptly repair or replace, at no additional cost to the City, and to the s. -faction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, sto , or destroyed from any cause whatsoever. Lawn Areas - All lawn areas disturbed by . 'nstruction shall be replaced with like kind to a condition similar or equal to that existing befo construction. Where sod is to be removed, it shall be carefully removed, and the same re -so• •, or the area where sod has been removed shall be restored with new sod in the manner desc 'ed in the applicable section. Fences - Any fence, or part thereof, that is damaged or removeduring the course of the work shall be replaced or repaired by the Contractor, and shall be le n as good of a condition as before the starting of the work. Where fencing, walls, shrubbery, grass strips or area must • removed or destroyed incident to the construction operation, the Contractor shall, after comple of the work, replace or restore to the original condition all such destroyed or damaged landsca• • and improvements. 16. Accidents The Contractor shall provide such equipment and facilities as are ne• sary or required, in the case of accidents, for first aid service to person who may be injur during the Project(s) duration. The Contractor shall also comply with the OSHA requirements a efined in the United States Labor Code 29 CFR 1926.50. In addition, the Contractor must report immediately to the Project Manage .nd Consultant every accident to persons or damage to property, and shall furnish in writing information, including testimony of witnesses regarding any and all accidents. 17. Safety Precautions 25 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: • All employees on the Project(s) site(s) and other persons who may be affected thereby; All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project(s) site(s); and Other property at the Project(s) Site(s) or adjacent thereto, including trees, shrubs, awns, walks, pavements, roadways, structures and utilities not designated for removal, ocation or replacement in the course of construction. Contractor all designate a responsible member of its organization at the Project(s) site(s) whose duty all be the prevention of accidents. This person shall be Contractor's superintendent Mess otherwise designated in writing by Contractor to Project Manager. Contractor shall c public body having damage, injury or los and protection. Con prosecution of the Work directly or indirectly, in who indirectly employed by any of remedied by Contractor. Contr the Work shall continue until suc Consultant has issued the Contract ly with all applicable laws, ordinances, rules, regulations and orders of any isdiction for the safety of persons or property or to protect them from and shall erect and maintain all necessary safeguards for such safety tor shall notify owners of adjacent property and utilities when y affect them. All damage, injury or loss to any property caused r in part, by Contractor, any Subcontractor or anyone directly or m or anyone for whose acts any of them may be liable, shall be or's duties and responsibilities for the safety and protection of ime as all the Work is completed and Project Manager or notice of Final Acceptance. Contractor must adhere to the applica a Project. If hazardous waste materials Manager must be immediately notified o comply with all codes, ordinances, rules, authorities (including OSHA, EPA, DERM, the Florida Building Code), which bear on the perfor environmental protection guidelines for the duration of used, detected or generated at any time, the Project ch and every occurrence. The Contractor shall rders and other legal requirements of public ty, Miami -Dade County, State of Florida, and ce of the Work. The Contractor shall take the responsibility to ensu hat all Work is performed using adequate safeguards, including but not limited to: proper safe 'aging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, ste= •lates, safety lights, and ladders that are necessary for the protection of its employees, as well the public and City employees. All riggings and scaffolding shall be constructed with go• , sound materials, of adequate dimensions for their intended use, and substantially braced, • or secured to ensure absolute safety for those required to use it, as well as those in the vi. ity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and sim actions or equipment shall be OSHA approved, as applicable, and in accordance with federal state and local regulations. All open trenches or holes shall be properly marked and barricaded to a re the safety of both vehicular and pedestrian traffic. No open trenches or holes are to be left • -n during nighttime or non -working hours without the prior written approval of the Project Manag If an emergency condition should develop during a Project, the Contractor t immediately notify the Project Manager and Consultant of each and every occurrence. - Contractor should also recommend any appropriate course(s) of action to the Project Man- , -r and the Consultant. 18. Occupational Health and Safety 26 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED 0 • The and of appropn • The emerg • A descriptio substance inte • The year and m address, and em preparing the informa 19. Labor and Materials Unless otherwise provided herein, water, tools, equipment, light, power, for the proper execution and comple whether or not incorporated or to be inco In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F- 41.03 of the Florida Administrative Code delivered as a result of a Project must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: • The chemical name and the common name of the substance. The hazards or other risks in the use of the substance, including: o The potential for fire, explosion, corrosion, and reaction; o The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the substance; and primary routes of entry and symptoms of overexposure. er precautions, handling practices, necessary personal protective equipment, safety precautions in the use of or exposure to the substances, including emergency treatment in case of overexposure. y procedure for spills, fire, disposal, and first aid. lay terms of the known specific potential health risks posed by the d to alert any person reading this information. th, if available, that the information was compiled and the name, ency telephone number of the manufacturer responsible for ontractor shall provide and pay for all materials, labor, ansportation and other facilities and services necessary of the Work, whether temporary or permanent and rated in the Work. Contractor shall at all times enforce strict • ipline and good order among its employees and subcontractors at the Project(s) site(s) and shnot employ on the Project(s) any unfit person or anyone not skilled in the Work to which they are signed. 20. Rules, Regulations and Licenses The successful Contractor shall comply with all laws •d regulations applicable to provision of services specified in the Contract Documents. The Co actor shall be familiar with all federal, state and local laws that may in affect the Work, goods an •r services offered. 21. Consultant Services The City, at its sole discretion may hire a Consultant • shall serve as the City's Representative for the Project(s) to be performed under the Cont t Documents. The Contract Documents will state that an City's representative has been contrac • with for the management of the Work under the Contract Documents and who will be the -d point of contact, the Consultant or the Project Manager. Where a Consultant has been iden d, the Consultant and the Project Manager will have authority to act on behalf of the City to the ent provided in the Contract Documents and as outlined in Article 22, Authority of the Proj Manager, of the General Terms and Conditions. On the basis of the on -site observations, the Consultant will keep the Project M. ger informed of the progress of the Work. In the capacity of interpreter, the Consultant will exe se the best efforts to ensure faithful performance by both the Project Manager and the Contra. ,r and will not show partiality to either. 27 Beacom Project Area improvements — Phase it ITB No.: 12-13-051 SUBSTITUTED The Project Manager will assist the Consultant in conducting inspections to determine the date or dates of Substantial Completion and Final Acceptance and will receive and review written warranties and related documents required by the Contract and the Contract Documents. The Consultant will be responsible for receiving all documentation for review and acceptance. Upon acceptance such documentation will be forwarded to the Project Manager. The Project anager in conjunction with the Consultant will approve Schedules of Values, Project edules, subcontractors and invoices. Th ity may contract for additional consultant services, including but not limited to construction exa -tion and observation services. Such services are intended to be additional services and a not intended to and shall not be construed to supplant or alter the role and responsi ies of the Consultant. In case of t termination of employment of the Consultant, the City may, at its sole discretion, appoint anoth Consultant, whose status under the Contract shall be as that of the former Consultant. 22. Proeect Mana • e t Where a Contractor awarded Work, the Contractor shall be responsible for all Project management, including y and all subcontracts necessary to ensure that the Work - is performed in accordance the Contract Documents. Project Management shall include, but is not limited to: obtaining bifrom subcontractors and suppliers; coordinating the securing of all permits; obtaining licenses . • inspections; ensuring that subcontractors comply with all City requirements; performing the .rk in accordance with the Contract Documents to the satisfaction of the Project Manage saying all subcontractors; obtaining release of liens/claims fees; and obtaining temporary and fi Certificates of Occupancy or Completion. 23. Superintendence and Supervision The orders of the City are given through sultant or Project Manager, which instructions are to be strictly and promptly followed in every . •se. Contractor shall keep on the Project during its progress, a full-time competent English •eaking superintendent and any necessary assistants, all satisfactory to Project Manager o onsultant. The superintendent shall not be changed except with the written consent of P ect Manager or Consultant, unless the superintendent proves to be unsatisfactory to Contr • r and ceases to be in its employ. The superintendent shall represent Contractor and all direc s given to the superintendent shall be as binding as if given to Contractor and will be confir d in writing by Project Manager or Consultant upon the written request of Contractor. Contrashall give efficient supervision to the Work, using its best skill and attention. The Project Ma .er and the Consultant shall be provided telephone number(s) for the superintendent whe the superintendent can be contacted during normal working hours as well as after hours for - •ergencies. On Projects in excess on thirty (30) calendar days the Contractor's - •erintendent shall record, at a minimum, the following information in a bound log: the day; dat- eather conditions and how any weather condition affected progress of the Work; time of com -ncement of Work for the day; the Work being performed; materials, labor, personnel, equipme -nd subcontractors at the Project(s) site(s); visitors to the Project site, including represen ves of the City, Consultant, regulatory representatives; any special or unusual condition •r occurrences encountered; and the time of termination of Work for the day. All information s be recorded in the daily log in indelible ink. The daily log shall be kept on the Project(s) site(s d shall be available at all times for inspection and copying by Project Manager and Consultant. The Project Manager, Contractor and Consultant shall meet at least every two (2)wee or as otherwise determined by the Project Manager, during the course of the Work to revie and 28 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED agree upon the Work performed and outstanding issues. The Contractor shallpublish, keep, and distribute minutes and any comments thereto of each such meeting. If Contractor, in the course of performing the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Plans, it shall be the Contractor's duty to immediately inform Project Manager and onsultant, in writing, and Project Manager or Consultant, will promptly review the same. Any k done after such discovery, until authorized, will be done at Contractor's sole risk. Con ctor shall supervise and direct the Work competently and efficiently, devoting such attentithereto and applying such skills and expertise as may be necessary to perform the Work in . cordance with the Contract Documents. Contractor shall be solely responsible for the means, m= •ods, techniques, sequences and procedures of construction. All Work, inc for the Work be 24. Authorit of the o'ect Mane • er ng trade Work shall be performed and supervised by persons properly licensed performed. The Director hereby Contract Documents to or in connection with, or the interpretation of the Wo uthorizes the Project Manager or the Consultant designated in the termine, all questions of any nature whatsoever arising out of, under ny way relating to or on account of the Work, and questions as to o be performed under this Contract Documents. The Contractor shall be boun •y all determinations or orders of the Project Manager and/or Consultant and shall promptly r •ond to requests of the Project Manager and/or Consultant, including the withdrawal or modifi ion of any previous order, and regardless of whether the Contractor agrees with the Project .nager's and/or Consultant's determination or requests. Where requests are made orally, the ' ''ect Manage and/or Consultant will follow up in writing, as soon thereafter as is practicable. The Project Manager and/or Consultant sh extent provided by the Contract, unless othe to the Contractor shall be issued in writing. A through the Director, Project Manager or the Con have authority to act on behalf of the City to the e modified in writing by the City. Ali instructions 'nstructions to the Contractor shall be issued ant. The Project Manager and Consultant shall have acc- . to the Project(s) Site(s) at all times. The Contractor shall provide safe facilities for such acces • the Project Manager and Consultant may perform their functions under the Contract. The Pro t Manager and Consultant will make periodic visits to the Work Site to become generally familia ith the progress and quality of the Work, and to determine if the Work is proceeding in accorda - with the Contract Documents. The Project Manager and Consultant will not be responsible fo onstruction means, methods, techniques, sequences or procedures, or for safety precautions d programs in connection with the Work, and will not be responsible for the Contractor's fail - to carry out the Work in accordance with the Contract Documents. The Project Manager and Consultant will have authority to reject Work t does not conform to the Contract Documents. Whenever, in his or her opinion, it is cons -red necessary or advisable to ensure the proper completion of the Contract Documents the P -ct Manager and Consultant will have authority to require special inspections or testing of the •rk, whether or not such Work is fabricated, installed or completed. Neither the Project :pager's nor Consultant's authority to act under this paragraph, nor any decision made by him good faith either to exercise or not to exercise such authority, shall give rise to any duty or respibility of the Project Manager or Consultant to the Contractor, any subcontractor, supplier or an •f their agents, employees, or any other person performing any of the Work. 29 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED All interpretations and recommendations of the Project Manager and Consultant shall be consistent with the intent of the Contract Documents. The Project Manager and Consultant will not be responsible for the acts or omissions of the Contractor, any Subcontractor, or any of their agents or employees, or any other persons erforming any of the Work. 25. • ection of Work Co Itant, Inspectors, and City shall at all times have access to the Work during normal work hours, -nd Contractor shall provide proper facilities for such 'access and for inspecting, measurand testing. Should the ontract Documents, Consultant/Inspector Project -Manager's instructions, any laws, ordinances, . any public authority require any of the Work to be specially tested or approved, Contractor sha ; ive Project Manager and Consultant timely notice of readiness of the Work for testing. If the t- ng or approval is to be made by an authority other than City, timely notice shall begiven of date fixed for such testing. Testing shall be made promptly, and, where practicable,at the s• ce of supply. If any of the Work should be covered up without approval or consent of Project nager or Consultant, it must, if required by the Project Manager or Consultant, be uncovere• •r examination and properly restored at. Contractor's expense. Unless otherwise provided, - Contractor shall make arrangements for such tests, inspections and approvals with the City's . ting laboratory or entity. The Contractor shall give the City and the Consultant timely notice of en and where tests and inspections are to be made so that the City or Consultant may be pre t for such procedures. Re-examination of any of the Work be ordered by the Project Manager or Consultant, and if so ordered, the Work must be unc• -red by Contractor. If such Work is found to be in accordance with the Contract Docum_ s, City shall pay the cost of reexamination and replacement by means of a Change Order. f such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. The Contractor shall bear the cost of correcti destroyed or damaged construction, whether completed or partially completed, of the City separate contractors caused by the Contractor's correction or removal of Work which i •t in accordance with the requirements of the Contract Documents. Inspectors shall have no authority to permit deviations f , , or to relax any of the provisions of the Contract Documents or to delay the Work by failure t• aspect the materials and Work with reasonable promptness without the written permission or truction of Project Manager or Consultants. The payment of any compensation, whatever may be its charactor form, or the giving of any gratuity or the granting of any favor by the Contractor to any Insp- or, directly or indirectly, is strictly prohibited, and any such act on the part of the Contractor will +nstitute a breach of this Contract. 26. Taxes Contractor shall pay all applicable sales, consumer, use and any other taxe equired by law, rule or regulation. Contractor is responsible for reviewing the pertinent state s utes involving state taxes and complying with all requirements. 27. Separate Contracts Prior to the commencement of the Work the Project Manager or the Consultant will fy the Contractor of all ongoing projects or projects scheduled to commence during the Work th- ay 30 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED require coordination. The Contractor shall be responsible for coordinating the Work with any other project to minimize any potential adverse impact. Contractor shall not be entitled to any days of delay for failure to properly coordinate the Work. The Consultant and the Project Manager will assist the Contractor in coordinating the Work. However, the sole responsibility for coordination rests with the Contractor. ny part of Contractor's Work depends for proper execution or results upon the work of any o persons, Contractor shall inspect and promptly report to Project Manager and Consultant any -fects in such work that render it unsuitable for such proper execution and results. Contr or's failure to so inspect and report shall constitute an acceptance of the other person's work as and proper for the reception of Contractor's Work, except as to defects which may develop i ether contractor's work after the execution of Contractor's Work. Contractor shall conduct its • -rations and take all reasonable steps to coordinate the prosecution of the Work so as to crea no interference or impact on any other contractor on the site. Should such interference or i .act occur, Contractor shall be liable to the affected contractor for the cost of such interference . impact. To ensure the prope ecution of subsequent Work, Contractor shall inspect the Work already in place and shall at o - report to Project Manager and Consultant any discrepancy between the executed Work and t requirements of the Contract Documents. 28. Lands of Work City shall provide, as may be icated in the Contract Documents, the lands upon which the Work is to be performed, rights-o ay and easements for access thereto and such other lands as are designated by City for the u .f Contractor. Contractor shall provide, at Contracto own expense and without liability to City, any additional land and access thereto that may be re. ' ed for temporary construction facilities, or for storage of materials. Contractor shall furnish to CI copies of written permission obtained by Contractor from the owners of such facilities. 29. Coordination of Work The Project Site(s) may be occupied and may op- -te on a twenty-four hour seven day a week schedule. Contractor shall ensure that the perfo -nce of the Work does not impact any ongoing operations at Project(s) site(s), which also i des the delivery of any materials and equipment. Access to and egress from the Project Site shall be coordinated with the Project Manager and the Consultant to minimize interference to :ular and emergency operations of the facility. Contractor may be required to coordinate the Work with othe ontractors performing work at the Project(s) site. 30. Differing Site Conditions In the event that during the course of the Work Contractor encounters bsurface or concealed conditions at the Project(s) site(s) which differ materially from those •wn in the Contract Documents and from those ordinarily encountered and generally recognize. :s inherent in work of the character called for in the Contract Documents; or unknown physic onditions of the Project(s) site(s), of an unusual nature, which differ materially from that ordin- " encountered and generally recognized as inherent in work of the character called for i he Contract Documents, Contractor, without disturbing the conditions and before perform' any Work affected by such conditions, shall, within twenty-four (24) hours of their discovery, ,otify the Project Manager and Consultant in writing of the existence of the aforesaid condition -roject Manager and the Consultant shall, within two (2) business days after receipt of Cont tor's 31 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Project Manager or the Consultant, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whetheror not charged as a result of the conditions, Project Manager or Consultant shall recommend an equitable adjustment to the Contract Documents Price or Contract Documents me, or both. If the Project Manager and Contractor cannot agree on an adjustment in the tract Price or Contract Time, the adjustment shall be referred to the Director for det_ ination. Should the Director determine that the conditions of the Project(s) site(s) are not so m --riailydifferent to justify a change in the terms of the Contract Documents, the Director shall s• ,otify the Project Manager, Consultant, and Contractor in writing, stating the reasons, and such termination shall be final and binding upon the parties hereto. No request Contractor for an equitable adjustment to the Contract Documents under this provision sha •e allowed unless Contractor has given written notice and otherwise fully documented alt ' g site conditions in strict accordance with the provisions of this Article. No request for an eq ble adjustment or change to the Contract price or Contract time for differing site conditions shall, - allowed if made after the date certified by Consultant or Project Manager as the date of substan completion. 31. Existing Utilities Known utilities and structu _ adjacent to or encountered in the Work will be shown on the Drawings. The locations sho are taken from existing records and the best information available from existing plans an• tility investigations; however, it is expected that there may be some discrepancies and omissio in the locations and quantities of utilities and structures shown. Those shown are for the c• enience of the Contractor only, and no responsibility is assumed by either the City for thei 'ccuracy or completeness. No request for additional compensation or contract time resulting ,m encountering utilities not shown will be considered. The Contractor shall explore sufficiently - 'ead of the Work to allow time for any necessary adjustments The Contractor must coordinat -II underground utility locations through "Sunshine State One Call of Florida, Inc", who shall b: contacted a minimum of 48 hours before the Contractor commences any digging. The C• actor is responsible for removing all utility markings once the work is completed. Final paym t to the Contractor may be withheld until the utility marks are removed. 32. Contractor's Res •onsibilit for Utilit Pro •ertie - nd Service Where the Contractor's operations could cause damage o convenience to railway, telephone, fiber optic, television, electrical power, oil, gas, water, -wer, or irrigation systems, the Contractor shall make all arrangements necessary for the otection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the construction o ation at least 48 hours in advance. Under no circumstance expose any utility without first ob'. ing permission from the appropriate agency. Once permission has been granted, locate, expos and provide temporary support for all existing underground utilities and utility poles where neces The Contractor and his Subcontractors shall be solely and directly responsi: • to the owner and operators of such properties for any damage, injury, expense, loss, inconveni 'ce, delay, suits, actions, or claims of any character brought because of any injuries or damage 'ch may result from the construction operations under the Contract Documents. Neither the City nor its officers or agents shall be responsible to the Contractor for a result of the Contractor's failure to protect utilities encountered in the Work. 32 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 ages as SUBSTITUTED In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly as possible and bear all costs of repair. In no event shall interruption of any utility service be allowed unless ranted by the owner of the utility. the event water service lines that interfere with trenching are encountered, the Contractor m- by obtaining prior approval of the water utility, cut the service, dig through, and restore the se with similar and equal materials at the Contractor's expense and as approved by the Proje anager or Consultant. Replace, 'th material approved by the Project Manager or Consultant, at Contractor's expense, any and - other laterals, existing utilities or structures removed or damaged during construction, less otherwise provided for in the Contract Documents and as approved by the Project Manage •r Consultant. Replace, with ma 'al approved by the Project Manager or Consultant, at Contractor's expense, • any existing utilities . maged during the Work 33. Interferin • Structur An attempt .has been ma to show major structures on the furnished Drawings. While the information has been compi • from the best available sources, its completeness and accuracy cannot be guaranteed, and •resented as a guide. The Contractor shall field verify all locations. Contractor shall coo . ate with any affected companies, including utility companies and take necessary precautions prevent damage to existing structures whether on the surface, above ground, or undergrd, including have the owner of the interfering structures place temporary supports. 34. Field Relocation During the process of the Work, it is exped that minor relocations of the Work may be necessary. Such relocations shall be made ly by the direction of the Project Manager or Consultant at the Contractor's expense. If exis ; structures are encountered that will prevent construction as shown, the Contractor shall noti the Project Manager or Consultant before continuing with the Work in order that the Project ager or Consultant may make such field revisions as necessary to avoid conflict with the exists structures. Where the Contractor fails to notify the Project Manager or Consultant when an fisting structure is encountered, and proceeds with the Work despite this interference, the Con tor does so at his own risk. 35. Contractor's Use of Project Site(s) Limitations may be placed on the Contractor's use of the Proje ) site(s) and such limitations will be identified by the Project Manager. In addition to such li :tions, the Project Manager may make storage available to the Contractor at his sole discre i based on availability of space. The Contractor shall also coordinate and schedule deli es so as to minimize disruptions to City day-to-day operations. The Contractor shall limit its use of the Project site(s), so as to allow for City's continuous operation. This is necessary, as the Project Site(s) may remain in operation • ing the Work. • The Contractor shall: o Confine operations at the Project(s) site(s) to the areas permitted : the Project Manager or Consultant; not disturb portions of the Project(s) site(s) -yond the specified areas; conform to Project(s) site(s) rules and regulations a ing the Work. 33 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED o Keep existing driveways and entrances serving surrounding facilities clear and available to the City, its employees and the public at all times; not use areas for parking and/or storage of materials except as authorized by the Project Manager. o Assume all responsibility for its tools, equipment and materials, including any materials purchased for the Work and not accepted by the City, and its vehicles while performing Work for the City and/or while parked or stored at a City facility. The City assumes no liability for damage or loss to the items specified in this paragraph. Ac s to parking and egress from the Project(s) site(s) shall be subject to the approval of the Proje. anager. 36. " Warran, of Materials and E•ui•ment Contractor rrants to City that all materials and equipment furnished under the Contract Documents be new unless otherwise specified and that all of the Work will be of good quality, free fr• faults and defects and in conformance with the Contract Documents and Contract/Docume All Work not conforming to these requirements, including substitutions not properly approved 'd authorized, may be considered defective. If required by the Project Manager or Consulta Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equip -nt. This warranty is not limited by any other provisions within the Contract Documents. 37. Material and E• ui• ment • i • ment Handlin• Stora • e and Protection Preparation for Shipment When practical, equipment shall • factory assembled. The equipment parts and assemblies that are shipped unassembled sha •e furnished with assembly plan and instructions. The separate parts and assemblies shall b ctory match -marked or tagged in a manner to facilitate assembly. All assemblies are to be mad the Contractor at no additional cost to the City. Generally, machined and unpainted pa subject to damage by the elements shall be protected with an application of a strippable 'rotective coating, or other approved protective method. Equipment shall be packaged or crated in a man 'r that will provide protection from damage during shipping, handling, and storage. The outside of the package or crate shall be adeq -ly marked or tagged to indicate its contents by name and equipment number, if applicable; . •roximate weight; state any special precautions for handling; and indicate the recommende• equrrements for storage prior to installation. Packaging and Delivery of Spare Parts and Special Tools Properly mark to identify the associated equipment by name, e. '.ment, and part number. Parts shall be packaged in a manner for protection against damage om the elements during shipping, handling, and storage. Ship in boxes that are marked to indicthe contents. Delivery of spare parts and special tools shall be made prior to the time as iated equipment is scheduled for the initial test run. Shipment All equipment and material shall be shipped with freight and shipping paid, FOB j • site. The Contractor shall request a 7-day advance notice of shipment from manufac ers, and, upon receipt of such notice, provide the Engineer with a copy of the current delivery i mation concerning equipment items and material items of critical importance to the Project sche. e. 34 Beacom Project Area Improvements — Phase 11 ITB No.: 12-13-051 SUBSTITUTED Receiving The Contractor shall unload and record the receipt of all equipment and materials at the jobsite. All costs for receiving, inspection, handling, storage, insurance, inventory control, and equipment maintenance for the Contractor -Supplied and City -Supplied materials and equipment hall be included in the prices Bid and no extra compensation will be allowed. I section Imm: "ately upon receipt of equipment and materials at the jobsite, the Contractor shall inspect for co ' eteness and any evidence of damage during shipment. City supplied equipment and material 'all be inspected and inventoried together with City's Inspector. Should there appear to be any •rtage or damage, the Project Manager or Consultant shall be immediately notified; and the C. actor shall be fully responsible for informing the manufacturers and the transportation pany of the extent of the shortage or damage. If the item or items require replacing or suing missing parts, the Contractor shall take the necessary measures to expedite the repla ent or supply the missing parts. Handling Equipment and materi- received for installation on the Project(s) shall be handled in accordance with the ma acturer's recommendations, and in a manner that will prevent damage. Storage Equipment and materials shall - stored prior to installation as recommended by the manufacturer. Generally, materials ch as pipe shall be stored off the ground in approved storage yards. Items subject to dama• by the elements, vandalism, or theft shall be stored in secure buildings. Items requiring enviro -ntal control for protection shall be provided with the necessary environmentally controlled stora. - facilities at no cost to the City. Insurance The Contractor's insurance shall adequately co the value of materials delivered but not yet incorporated into the Work. Inventory Control Equipment and materials shall be stored in a manner to , .vide easy access for inspection and inventory control. The Contractor shall keep a running a ount of all materials in storage to facilitate inspection and to estimate progress payments for aerials delivered but not installed in the Work. Equipment's Maintenance Prior to Acceptance by the City Provide the required or manufacturer's recommended maintenance uring storage, during the installation, and until such time as the City accepts the equipment for f time operation. Salvage Equipment Any salvageable pipe, fittings, or other miscellaneous material or equipmremoved during construction and not reused in the Work shall be cleaned, hauled, and stored the Contractor at his own expense, where directed by the Project Manager or Consultant, and II remain the property of the City. All other material shall be disposed of by the Contract • at his own expense. 38. Manufacturer's Instructions The Contractor shall: 35 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Comply with manufacturer's requirements for the handling, delivery and storage of all materials. Where required by the Contract Documents, Contractor shall submit manufacturer's printed instructions for delivery, storage, assembly, and installation. Comply with the manufacturer's applicable instructions and recommendations for the erformance of the Work, to the extent that these instructions and recommendations are more licit or more stringent than requirements indicated in the Contract Documents including the tract Documents. Insp: each item of material or equipment immediately prior to installation and reject damaged and d- 'ctive items. Provide - -chment and connection devices and methods for securing the Work; secure Work true to line mb and level, and within recognized industry standards; allow for expansion and building mov: ient; provide uniform joint width in exposed Work; arrange joints in exposed Work to obtai he best visual effect and refer questionable visual effect choices to the = Consultant for fin- •ecision when applicable to the Work. Recheck measure its and dimensions of the Work, as an integral step in starting each portion of the Work. Install each unit or sectio •f Work during favorable weather conditions, which shall ensure the best possible results in coo ation with the entire Project(s) and isolate each unit of Work from incompatible Work as neces to prevent potential interference among each section and/or deterioration of equipment. Coordinate enclosure of the Wor hich requires inspections and tests so as to minimize the necessity of uncovering Work for tha. 'urpose. When required by the Contract Docum s or the manufacturer, a qualified representative shall be present to observe field condition- conditions of surface and installation, quality of workmanship, and applications. Manufact 'r's representative shall provide the Contractor and the Project Manager or Consultant a written r ort of field observations. 39. Manufacturer's Warranty Contractor shall provide all manufacturers' warrant . All warranties, expressed and/or implied, shall be made available to the City for material . • equipment covered by this Contract Documents. All material and equipment furnished sh- •e fully guaranteed by the Contractor against factory defects and workmanship. At no expense the City, the Contractor shall correct any and all apparent and latent defects that may occur 'thin the manufacturer's standard warranty. The Contract Documents may supersede the ufacturer's standard warranty. Manufacturer's warranties will become effective upon Final Acc: 'tance of the Project(s). 40. Reference Standards Reference to the standards of any technical society, organization or . «dy shall be construed to mean the latest standard adopted and published at the date of reque- or qualifications, even though reference may have been made to an earlier standard. Such refe ,ce is hereby made a part of the Contract Documents the same as if herein repeated in full an• the event of any conflict between any of these standards and those specified, the most stri ent shall govern unless otherwise stated. 41. Submittals Contractor shall check and approve all shop drawing, samples, product data, s values, and any and all other submittals to make sure they comply with the Contract D prior to submission to the Project Manager or Consultant. 36 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 dule of ments SUBSTITUTED Contractor by approving and submitting any submittals, represents that they have verified the accuracy of the submittals, and they have verified all of the submittal information and documentation with the requirements of the Contract Documents. At time of submission the Contractor shall advise the Project Manager and Consultant in writing of any deviations from the Contract Documents. Failure of the Contractor to advise the Project Manager or Consultant of y deviations shall make the Contractor solely responsible for any costs incurred to correct, a, or modify any portion of the Work to comply with the Contract Documents. Eac hop drawing submittal shall contain a title block containing the following information: • Nu per and title of drawing, including Contract title and Number • 'ate of drawing and revisions •- me of Contractor and Subcontractor (if any) submitting drawings • ' N- 'e of Project, Building or Facility • Spe ' ation Section title and number • Contra, •r's Stamp of approval, signed by the Contractor or his checker • _ Space a: e the title block for Project Manager' or Consultant's action stamp • Submittal • e-submittal number (whether first, second, third, etc.) Date of sub -I Contractor shallsign, in th sample label to certify comp drawing submitted without the that the Contractor has not co Contractor shall bear the risk of any roper block, each sheet of shop drawing and -data and each ce with the requirements of the Contract Documents. Shop p and signature shall be rejected and it will be considered lied with the requirements of the Contract Documents. lays that may occur as a result of such rejection. City shall not be liable for any mate s, fabrication of products or Work commenced that requires submittals until the Project Man- -r or Consultant has returned approved submittals to the Contractor. Project Manager or Consultant shall make ev- effort to review submittals within fourteen (14) calendar days from the date of receipt by the • 'ect Manager or Consultant. Project Manager or Consultant's review shall only be for conforma e with design concepts and the information provided in the Contract Documents. The appro of a separate item shall not constitute approval of an assembly in which the item functions. e Project Manager or Consultant shall return the shop drawings to the Contractor for their use • distribution. Acceptance of any submittal shall not relieve the Con ctor of any responsibility for any deviations from the requirements of the Contract Documen unless the Contractor has given written notice to the Project Manager or Consultant of the spec deviations and the Consultant have issued written approval of such deviations. By approving and submitting Shop Drawings, Product Data an, Samples, the Contractor represents that all materials, field measurements and field construc criteria related thereto have been verified, checked and coordinated with the requirements of - Work and have been verified, checked and coordinated with this Contract Documents. Contractor shall be responsible for the distribution of all shop drawings, co• of product data and samples, which bear the Project Manager's or Consultant's stamp of app , al. Distribution shall include, but not be limited to; job site file, record documents file, Sub-contr or, suppliers, and other affected parties or entities that require the information. The Contractor shall also provide copies of all plans approved and permitted by t equired governing authorities. 37 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED 42. The Contractor shall not be relieved of responsibility for errors or omissions in any and all submittals by the Project Manager's or Consultant's acceptance thereof. The Contractor warrants the adequacy for the purpose intended of any shop drawings or portion of a shop drawing that alters, modifies or adds to the requirements of the Contract Documents. othing in the Project Manager's or Consultant's review of Shop Drawings, Submittals and moles shall be construed as authorizing additional work or increased cost to the City. Se the Specs n 01340 contains additional requirements for submittals. Where a conflict exists between bmittal requirements of the General Terms and Conditions and the Technical tions, the Technical Specifications shall prevail. Sho• Dr• ' in s Contractor s the Shop Dra installation requi with this Contract submit Shop Drawings as required by the Contract Documents. The purpose of s is to show, in detail, the suitability, efficiency, technique of manufacture, ents, details of the item, and evidence of its compliance or noncompliance. uments. Within five (5) calen• days after City's award of the Contract, Contractor shall submit to Project Manager or C. ultant a complete list and submittal log of items for which Shop Drawings are to be sub ted and shall identify the critical items and all submittal dates. Approval of this list by Proje. Manager or Consultant shall in no way relieve the Contractor from submitting complete Shop awings and providing materials, equipment. etc., fully in accordance with the Contract i uments. This procedure is required in order to expedite final approval of Shop Drawings. After the approval of the list of items quired in above, Contractor shall promptly request Shop Drawings from the various manufactur fabricators, and suppliers. Contractor shall thoroughly review and ch- the Shop Drawings and each and every copy shall show its approval thereon. Some shop drawings as either denoted in th- ontract Documents or by the Florida Building Code (Code) or Florida Statute such as structur- • rawings, require that they be prepared by a licensed engineer. It is the sole responsibility the Contractor to ensure that the Shop Drawings meet all Code requirements. In addition to all shop drawings required by the Co act Documents the Contractor must provided shop drawings for; all drainage structures includi catch basins, drainage pipe, ballast rock, and exfiltration trench filter fabric. If the Shop Drawings show or indicate departures from the .ntract Documents, Contractor shall make specific mention thereof in its letter of transmi' . Failure to point out such departures shall not relieve Contractor from its responsibility to ply with the Contract and Documents. Project Manager or Consultant shall review and accept or reject with co ents, Shop Drawings within fourteen (14) calendar days from the date received. Project Ma :er's or Consultant's approval of Shop Drawings will be general and shall not relieve Contracto .f responsibility for the accuracy of such Shop Drawings, nor for the proper fitting and constructs• of the Work, nor for the furnishing of materials or Work required by the Contract Documents an. •t indicated on the Shop Drawings. No Work called for by Shop Drawings shall be performed ► til said Shop Drawings have been approved by Project Manager and/or Consultant. Approval sh of relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawin No approval will be given to partial submittals of Shop Drawings for items which inter nect and/or are interdependent where necessary to properly evaluate the design. It is Contr .r's 38 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent. items, check them and then make one submittal to Project Manager and/or Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop rawings, any additional information or changes on such drawings shall be typewritten or tered in ink.' Th thor numbe Shop dr gauges, m fitting, drillin required for an inimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear, hly detailed and shall have listed on it all Contract Documents references, drawing specification section number(s) and the shop drawing numbers of related work. ings must be complete in every detail, including location of the Work. Materials, ods of fastening and spacing of fastenings, connections with other work, cutting, nd any and all other necessary information per standard trade practices or as pecific purpose shall be shown. Where professio calculations and/or certification of performance criteria of materials, systems, and or eq. •ment are required, the Project Manager and/or Consultant are entitled to rely upon the accura• and completeness of such calculations and certifications submitted by the Contractor. Calcul- ns, when required, shall be submitted in a neat clear and easy format to follow: Contractor shall keep one t of Shop Drawings marked with Project Manager's and/or` Consultant's approval at the jo ite at all times. 43. Product Data Contractor shall submit four (4) cop i: of product data, warranty information and operating and maintenance manuals. Each copy m t be marked to identify applicable products, models, options and other data. Contractor sha upplement manufacturer's standard data to provide information unique to the Work. Contractor shall only submit pages that are -rtinent. Submittals shall be marked to identify pertinent products, with references to the spe cations and the Contract Documents. Identify reference standards, performance characteristic .nd capacities, wiring and piping diagrams and controls, component parts, finishes, dimension -nd required clearances. Contractor shall submit a draft of all product data, .rranty information and operating and maintenance manuals at 50% completion of constructio 44. Samples Contractor shall submit samples to illustrate the functional aracteristics of the product(s). Submittals shall be coordinated for different categories of inte •cing Work. Contractor shall include identification on each sample and provide full information. 45. Record Set Contractor shall maintain in a safe place at the Project(s) site(s) one rec• • copy and one permit set of the Contract Documents, including, but not limited to, all Drawing pecifications, shop drawings, amendments, Change Orders, RFIs, and Field Directives, as ell as all written interpretations and clarifications issued by the Project Manager or Consultant, good order and annotated to show all changes made during construction. The record doc 'ents shall be continuously updated by Contractor throughout the prosecution of the Work to acately reflect all field changes that are made to adapt the Work to field conditions, changes r- Iting from Change Orders, Construction Change Directives, and Field Directives as well as , written interpretations and clarifications, and all concealed and buried installations of piping, •nduit and utility services. Contractor shall certify the accuracy of the updated record document s a 39 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED 46. condition precedent to City's obligation to pay Contractor, the Contractor shall provide evidence, satisfactory to the Project Manager and the Consultant, that Contractor is fulfilling its obligation to continuously update the record documents. All buried items, outside the Project(s) site(s), shall be accurately located on the record documents as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The record documents shall e clean and all changes, corrections and dimensions shall be given in a neat and legible ner in red. The record documents shall be available to the City and the Consultant for re : -nce. Upon completion of the Work and as a condition precedent to Contractor's entit : ent to final payment, the record documents shall be delivered to the Project Manager or Consu • t by the Contractor. The Record Set of Drawing shall be submitted in both hard copy and as e tronic plot files. Su • • leme I Drawin • s and Instructions The Project . gager or Consultant shall have the right to approve and issue supplemental instructions sett forth written orders, instructions, or interpretations concerning the Contract Documents or its . ormance, provided such Supplemental Instructions involve no change in the Contract Docum- ' s Price or this Contract Documents Time. Project Manager or C. ultant shall have the right to modify the details of the plans and specifications, to supple t•the plans and specifications with additional plans, drawings or additional information as t Work proceeds, all of which shall be considered as part of the Contract Documents. In cas 'f disagreement between the written and graphic portions of the Contract Documents, the writte ortion shall govern. 47. Contractor Furnished Drawin A Contract Documents may require e Contractor to furnish design, shop and/or as -built drawings depending on the nature an cope of the Work to be performed. The following applies to the different types of drawings. The Project Manager and/or Consultant sha -fter review of the drawings, initial and mark the drawings in one of the following manners: 1. ACCEPTED - No correction required. 2. PROCEED AS CORRECTED - Minor c nges or corrections identified. Work can proceed subject to re -submittal and accep'. ce of the drawings. 3. REVISE AND RESUBMIT- Significant cha -s or corrections are recommended. Submittal must be revised and resubmitted for . ceptance prior to Work proceeding. 4. REJECTED - Not in accordance with the Contra. -nd/or Contract Documents due to excessive changes or corrections or other justi • •le reason. Drawings must be corrected and resubmitted prior to any Work being p. ' ormed. Revisions required by the permitting jurisdiction must also be re wed and accepted by the Project Manager or Consultant prior to resubmission to the permittin ency. Acceptance by the City shall not relieve the Contractor from respsibility for errors and omissions in the drawings. 48. Substitutions Whenever materials or equipment are specified or described in the Contra using the name of a proprietary item or the name of a particular supplier, the na is intended to establish the type, function and quality required. Unless the name words indicating that no substitution is permitted, materials or equipment of other su be accepted by Consultant sufficient information is submitted by Contractor to allow Consultant to determine that the material or equipment proposed is equivalent or equal 40 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 ocuments by of the item lowed by ers may ty and that SUBSTITUTED named. Requests for review of substitute items of material and equipment will not be accepted by City and Architect or Engineer of Record from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Consultant for acceptance thereof, certifying that the proposed ubstitute shall perform adequately the functions and achieve the results called for by the neral design, be similar and of equal substance to that specified and be suited to the same u- as that specified. The application shall state that the evaluation and acceptance of the pro • ed substitute will not prejudice Contractor's achievement of Substantial Completion on time, ether or not acceptance of the substitute for use in the Work will require a change in any of - Contract Documents to adapt the design to the proposed substitute and whether or not incor• atiori or use by the substitute in connection with the Work is subject to payment of any license -e or royalty. All variations of the proposed substitute from that specified will be identified in t application and available maintenance, repair and replacement service shall be indicated. The lication also shall contain an itemized estimate of all costs that will result directly or indirec from acceptance of such substitute, including costs for redesign and claims of other contractor -ffected by the resulting change, all of which shall be considered by the Consultant in evaluati the proposed substitute. The Consultant may require the Contractor to furnish at Contractor's - 'ense additional data about the proposed substitute. If a specific means, metho required by Contract Docum technique, sequence or pro Contractor submits sufficient i determine that the substitute prop Documents. The procedures for sub as those provided herein for substitute technique, sequence or procedure of construction is indicated in or ts, Contractor may furnish or utilize a substitute means, method, ure of construction acceptable to the Consultant, if the rmation to allow the Architect or Engineer of Record to d is equivalent to that indicated or required by the Contract ssion to and review by the Consultant shall be the same terials and equipment. The Consultant shall be allowed a reas'able time within which to evaluate each proposed substitute. The Consultant and the City .II be the sole judges of the acceptability of any substitute. No substitute shall be ordered, stalled or utilized without the City's and the Consultant's prior written acceptance which shbe evidenced by either a Change Order or an approved submittal. The City and the Consultmay require the Contractor to furnish at Contractor's expense a special performance gua tee or other surety with respect to any substitute. If the Consultant rejects the proposed s titute, at their discretion, the City may require the Contractor to reimburse the City for the cha -s of the Consultant for evaluating the proposed substitute. Contractor shall maintain sole liability and responsibility fo -nsuring that all substitutions and any required design of such are in full compliance with and 'eet all the requirements of the Contract Documents. 49. City Furnished Drawings The City, at its sole discretion, may furnish design drawings. It shall b. e sole responsibility of the Contractor to bring to the immediate attention of the Project Mana, -r and the Consultant any discrepancies between the drawings and existing conditions, cluding hidden or unforeseen conditions, discovered prior to commencing and during the W. The Contractor shall be solely responsible for verifying the accuracy of the drawings prior t• ommencing the Work, and shall be responsible for any errors or revisions of the Work, which ht have been avoided by notifying the City prior to commencement. This shall also apply to a revisions or omissions identified by the Contractor. The Contractor shall submit all requests fo formation entitled Request for Information (RFD. The City shall respond to all RFI's in Writing. 41 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED The Contractor shall have no basis for any claim for additional costs resulting from their failure to identify any required revisions, omissions and/or errors, not identified in writing to the Project Manager or Consultant prior to commencing the Work. The drawings are to be addressed as a complete set and should not be used in parts. Contractor is responsible to coordinate the set of drawings with all trades to ensure that the ork will be performed correctly and coordinated among the trades. Contractor shall not scale t drawings. 50. Inte etation of Drawin.s and Documents Drawin• and specifications are intended to be consistent, be mutually explanatory, and should -: be used • ether and not separately. During the performance of the Project(s), should any.. errors, omi ons, conflicts, ambiguities or discrepancies be found in the drawings and/or specifications, e Project Manager or the Consultant will clarify in writing the intent of the drawings and/o •ecifications and the Contractor agrees to abide by the Project Manager's or Consultants inter. -tation and perform the Work in accordance with the decision of the Project Manager- or the Co ultant. In such event, the Contractor will be held to have included in its Contract Price the be aterials suitable for the purpose and/or methods of construction. 51. Product and Materia -stin All tests shall be performe• the Contractor, except where otherwise specifically stated in the Contract Documents. All c. for testing performed by the Contractor shall be at the Contractor's expense. The Ci may, in its sole and absolute discretion, test materials and products at its own cost. Howeve hould such materials or products fail to pass the test and/or meet the requirements of the Cont t Documents, the Contractor shall reimburse the City for the cost of such tests and repair or •lace said materials or products. In such instances the City may deduct such cost from any pa 'ents pending to the Contractor. 52. Field Directives The Project Manager or Consultant may at ti -s issue field directives to the Contractor based on visits to the Project(s) Site(s). Such Fiel• Directives shall be issued in writing and the Contractor shall be required to comply with the • -ctive. Where the Contractor believes that the directive is outside the scope of the Work, the .ntractor shall, within 48 hours, notify the Project Manager or Consultant that the work is outsihe scope of the Work. At that time the Field Directive may be rescinded or the Contractor m- •e required to submit a request for a change to the Contract. Where the Contractor is notifies the City's position that the Work is within the scope and the Contractor disagrees, the Contra r shall notify the Project Manager or Consultant that the Contractor reserves the right to mak - claim for the time and monies based on the Field Directive. At no time shall the Contractor re e to comply with the directive. Failure to comply with the directive may result in a determination -t the Contractor is in default of the Contract. 53. Changes in the Work or Contract Documents Without invalidating the Contract Documents and without notice to any rety, City reserves and shall have the right, from time to time to make such increases, decrea or other changes in the character or quantity of the Work under the Contract Documents as be considered necessary or desirable to complete fully and acceptably the proposed constru • n of a Project in a satisfactory manner. Any extra or additional Work within the scope of the ect(s) must be accomplished by means of appropriate Field Orders and Supplemental In ctions or Change Orders. 42 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto. This section shall not prohibit the issuance of Change Orders executed only by City. 54. Continuing the Work ontractor shall carry on the Work and adhere to the progress schedule during all disputes or greements with City, including disputes or disagreements concerning a request for a Ch. ' •e Order, a request for a change in the Contract price or Contract time for completion. The ork shall - not be delayed or postponed pending resolution - of any disputes or disagr- • ents. 55. Chan ders. Changes in t quantity or character of the Work within the scope of the.Prcject(s) which are not properly the su ct of Field Orders or Supplemental Instructions, including all changes resulting in changes in th Contract Price, or the Contract Time, shall be authorized only by Change Orders approved i •vance and issued in accordance with the provisions of the City. In the event satisfact• adjustment cannot be reached for any item requiring a change in the Contract Price or Contr- Time, and a Change Order has not been issued, City reserves the right at its sole option to - •er terminate the Contract as it applies to the items in question and make such arrangements - may be deemed necessary to complete the disputed work; or submit the matter in dispute the Director as set forth in Article 88, Resolution of Disputes. During the pendency of the di te, and upon receipt of a Change Order approved by City, Contractor shall promptly proce2e ith the change in the Work involved and advise the Project Manager, Consultant, and Director writing within seven (7) calendar days of Contractor's agreement or disagreement with thmethod, if any, provided in the Change Order for determining the proposed adjustment in . - Contract Price or Contract Time. On approval of any Contract change incre- ' g the Contract Price, Contractor shall ensure that the performance bond and payment bond (i •plicable) are increased so that each reflects the total Contract Price as increased. Under circumstances determined necessary by C Change Orders may be issued unilaterally by City. The City reserves the right to order changes which ma esult in additions to or reductions from the amount, type or value of the Work shown in the Co ct and which are within the general scope of the Contract Documents. Any such changes will : nown as Extra Work. No Extra Work shall be performed except pursuant to written ders of the Project Manager or Consultant expressly and unmistakably indicating his/her inten to treat the Work described therein as Extra Work. In the absence of such an order, the Proje anager or Consultant may direct, order or require the Contractor to perform any Work includi that which the Contractor deems to be Extra Work. The Contractor shall nevertheless comply •d shall promptly and in no event after, begin the performance thereof or incur cost attributable . reto and give written notice to the Project Manager stating why he deems such Work (hereina "Disputed Work") to be Extra Work. Said notice is for the purposes of (1) affording an oppo ity to the Project Manager to cancel such order, direction or requirements promptly; (2) affor• • an opportunity to the Project Manager to keep an accurate record of materials, labor and othe ems involved; and (3) affording an opportunity to the City to take such action as it may deem a• .able in light of such disputed Work. 43 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED 56. Change Order Procedure Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract representing the reasonable cost or the reasonable financial savings related to the change in Work. Extra Work may also result in an equitable adjustment in the Contract schedule for erformance for both the Extra Work and any other Work affected by the Extra Work. City shall initiate the Extra Work procedure by a notice to Contractor outlining the proposed E Work. Upon receipt of the notice to proceed with the Extra Work, the Contractor is requ d to immediately start the Extra Work. The Contractor is required to obtain permission for an ext ion to start the Extra Work if it is beyond the Contractor's ability to start within the allotted t -frame. The Contra Request whi adjustments in sufficient data in of this obligation, -t cost breakdown of m overhead rates in-supp Proposal Request must schedule impact of the Ext Manager or Consultant of t deemed to be an acknowledgm scheduling consequences. The event include a combined profit an labor and material costs, unless the the Extra Work is such that an addition may be accepted or modified by nego agreement on the Extra Work is reached, writing via a Change Order. The execution as a release of the City from all claims and liab with, the Extra Work, including any impact, an relating to the Extra Work. r is required to provide the Project Manager with a detailed Change Proposal shall include requested revisions to the Contract, including but not limited to 's Contract Price and Contract Time. The Contractor is required to provide port of the cost proposal demonstrating its reasonableness. In furtherance City may require that the Contractor submit any or all of the following: a rial costs, labor costs, labor rates by trade, and Work classification and of Contractor's Change Proposal Request. The Contractor's Change ude any schedule revisions and an explanation of the cost and ork on the Project(s). If the Contractor fails to notify the Project schedule changes associated with the Extra Work, it will be by Contractor that the proposed Extra Work will not have any ntractor agrees the Change Proposal Request will in no verhead rate in excess of ten (10%) percent of the direct ect Manager determines that the complexity and risk of factor is appropriate. The Change Proposal Request ons between the Contractor and the City. If an th parties shall execute the Extra Work order in the Contractor of the Change Order shall serve to the Contractor relating to, or in connection y prior acts, neglect or default of the City Upon execution of a change order that affects the Con ct Time the Contractor shall, within five (5) business days submit a revised Project schedule ref : ing the changes against the baseline schedule. 57. No Oral Changes Except to the extent expressly set forth in the Contract, change in or modification, termination or discharge of the Contract or, in any form w soever, shall be valid or enforceable unless it is in writing and signed by the parties char. •, therewith or their duly authorized representative. 58. Value of Change Order Work The value of any Work covered by a Change Proposal Request or of any c . for an increase or decrease in the Contract Price shall be determined in one of the following w • Where the Work involved is covered by unit prices contained in th Contract, by application of unit prices to the quantities of items involved. • By mutual acceptance of a Contract unit price which Contractor and Projeanager acknowledge contains a component for overhead and profit. 44 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED • On the basis of the "cost of Work," determined as provided plus a Contractor's fee for overhead and profit, which is determined as provided in this Article. • The term "cost of Work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by the Project Manager, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized herein. Payro osts for employees in the direct employ of Contractor in the performance of the Work describ `n the Change Proposal Request under schedules of job classifications agreed upon by Projec 4anager and Contractor. Payroll costs for employees not employed full time on the Work cover by the Change Proposal Request shall be apportioned on the basis of their time spent on the + Irk. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of frin• benefits which shall include social security contributions, unemployment, excise and payrol xes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leav- vacation and holiday pay application thereto. Such employees shall include superintendenand foremen at the site. The expenses of performing the Work after regular working hours, • Sunday or legal holidays shall be included in the above to the extent authorized by City. Cost of all materials and eq ent furnished and incorporated in the Work, including costs of transportation and storage th of, and manufacturers' field services required in connection therewith. All cash discounts .II accrue to Contractor unless City deposits funds with Contractor with which to make pay nts, in which case the cash discounts shall accrue to City. All trade discounts, rebates and re • ds, and all returns from sale of surplus materials and equipment shall accrue to City and k tractor shall make provisions so that they may be obtained. Rentals of all construction eq► •ment and machinery and the parts thereof whether rented from Contractor or others in accor• ce with rental agreements approved by City with the advice of Consultant and the costs • transportation, loading, unloading, installation, dismantling and removal thereof, all in accor• ce with the terms of said agreements. The rental of any such equipment, machinery or part all cease when the use thereof is no longer necessary for the Work. If required by the City, Contractor shall obtain com• tive bids for the Change Order Work. Contractor shall deliver such competitive bids to the CI who will determine which bids will be accepted. If the Subcontractor is to be paid on the bas •f cost of the Work plus a fee, the Subcontractor's cost of the Work shall be determined in th- .me manner as Contractor's cost of the Work. All Subcontractors shall be subject to the er provisions of the Contract Documents insofar as applicable. The term "cost of the Work" shall include any of the following: • Cost of special consultants, including, but not limited t• consultants, architects, testing laboratories, and surveyors employed for services s• cifically related to the performance of the Work described in the Change Order. • Supplemental costs including the following: • The proportion of necessary transportation, travel and subsiste e expenses of Contractor's employees incurred in discharge of duties connecte• ith the Work except for local travel to and from the site of the Work. • Cost, including transportation and maintenance, of all materials, supplies, uipment, machinery, appliances, office and temporary facilities at the site and han• .ols not owned by the workmen, which are consumed in the performance of the W. and 45 Beacom Project Area Improvements — Phase 11 ITB No.: 12-13-051 SUBSTITUTED less market value of such items used but not consumed which remains the property of Contractor. ■ Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. The cost of utilities, fuel and sanitary facilities at the site. Receipt of minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. ost of premiums for additional bonds and insurance required because of changes in Work. The term "cos the Work" shall not include any of the following: Payro osts and other compensation of Contractor's officers, executives, principals (of part hip and sole proprietorships), general managers, consultants, architects, estimators, awyers, auditors, accountants, purchasing and contracting agents, expediters, ekeepers, clerks and other personnel employed by Contractor whether at th le or in its principal or a branch office for general administration of the Work and •t specifically included in the agreed -upon schedule of job classifications., al 'f which are to be considered administrative costs covered by Contractor's fee. ■ Expenses of Contract ' principal and branch offices other than Contractor's office at the site. ■ Any part of Contractor's c. 'ital expenses, including interest on Contractor's capital employed for the Work and • . rges against Contractor for delinquent payments. ■ Cost of premiums for all Bonand for all insurance whether or not Contractor is required by the Contract Docu 'ts to purchase and maintain the same, except for additional bonds and insurance re • 'red because of changes in the Work. ■ Costs due to the negligence or negl= of Contractor, any Subcontractors, or anyone directly or indirectly employed by any • them or for whose acts any of them may be liable, including but not limited to, th- orrection of defective Work, disposal of materials or equipment wrongly supplied a ' making good any damage to property. ■ Other overhead or general expense costs • -ny kind and the cost of any item not specifically and expressly included in this Artic Contractor's fee allowed to Contractor for overhead and pro hall be determined as follows: ■ A mutually acceptable fixed fee or if none can be ag d upon, ■ A fee based on the following percentages of the vans portions of the cost of the Work: ■ Where the Contractor self -performs the Work, Contracto fee shall not exceed ten percent (10%). ■ Where a sub -contractor performs the Work, Contractor's fee II not exceed seven and one half percent (7.5%); and if a subcontract is on the base •f cost of the Work plus a fee, the maximum allowable to the Subcontractor as a few •r overhead and profit shall not exceed ten percent (10%); and ■ No fee shall be payable for special consultants or supplemental costs. The amount of credit to be allowed by Contractor to City for any such change whic -suits in a net decrease in cost will be the amount of the actual net decrease. When both ad. •ns and credits are involved in any one change, the combined overhead and profit shall be fi• ed on 46 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED the basis of the netincrease, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. Whenever the cost of any Work is to be determined pursuant to this Article, Contractor will submit in a form acceptable to Project Manager or Consultant an itemized cost breakdown ogether with the supporting data. enever a change in the Work is to be based on mutual acceptance of a lump sum, whether the ount is an addition, credit or no change -in -cost, Contractor shall submit an initial cost esti e acceptable to the Project Manager or Consultant. Breakdown shall list the quantities and unit prices for materials, labor, equipment and ther items of cost. enever a change involves Contractor and one or more Subcontractors and the ch. :e is an increase in the Contract Price, overhead and profit percentage for Con tor and each Subcontractor shall be itemized separately. Each ► - nge Order must state within the body of the Change Proposal Request whether based upon unit price, negotiated lump sum, or "cost of the Work." 59. Extra Work Directly If the parties fail to reac 'moment with respect to the proposed Extra Work, or in case or extenuating. circumstances, - City may nevertheless issue a directive to the Contractor to do the proposed Extra Work. Im -diately upon receipt of the Extra Work Directive, the Contractor shall be obligated to proceed wi he Work set forth in that directive. Except as provided below, the Co actor shall be entitled to initiate a dispute pursuant to the Article 88, Resolution of Disputes, furnishing a written statement to the Project Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Contractor disputes. Such di- to must relate to specific matters raised or specific matters reserved by the Contractor in its oposal and have not been resolved prior to the issuance of the Extra Work Directive. The itten statement must set forth all details of the Contractor's claim including the manner that th. • isputed item was specified in the Contractor's proposal. During the pendency of any dispute -reunder, the Contractor must proceed with Work as set forth in the Extra Work Directive unles- ,therwise advised by the Project Manager's written instructions. In the event there is a dispute to price, the Contractor will be paid in accordance with the following paragraph. This pay t(s) will be in full satisfaction of the Contractor's claim for an adjustment to the value of the tract. Compensation for Extra Work in the event of the parties ability to agree upon a mutually satisfactory price shall be as follows: ■ No payment will be made to the Contractor for Extra 'rk in excess of "Actual and Necessary Cost" which is to say time and materials plus a 'ark -up not to exceed 10%. This will not vary, whether the Extra Work is performe• the Contractor or his subcontractor. Any exceptions must be approved by the Projec anager. "Actual and Necessary Net Cost" shall bedeemed to include the actual * •d necessary cost of the Extra Work for (i) labor, which includes wages, payroll deductions, =ny, made by the Contractor as employer pursuant to bona fide collective bargaining labor agre ents applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability -nd property damage insurance or performance and payment bonds occasioned solely by the E . - Work, (v) the actual and necessary operating expenses (except the expense of supplies and all tools not operated by mechanical or electrical power), power for such plant and a reasonab rental 47 Beacom Project Area Improvements —'Phase II ITB No.: 12-13-051 SUBSTITUTED for the same (including small power tools), as determined by the Project Manager; and (vi) any additional materials necessary for the performance of the Extra Work. In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the Contractor shall at the end of each day furnish to the City such documentation s the City may require to support all the costs of the Extra Work. If payments on account are ired as the Extra Work progresses, the Contractor shall render an itemized statement shing the total amount expended for each class of labor and for each kind of material on acc• t of each item of Work as a condition precedent to the inclusion of such payment in a partia-timate. Upon the request of the City, the Contractor shall produce for audit by the City, books, chers, collective bargaining labor agreements, records or other documents showing the actua •st for labor and materials. Such documents shall not be binding on the City. The Project Man. ' er shall determine any questions or dispute as to the correct cost of such labor or materials or p t. In case the Cont tor is ordered to perform Work under this Article, which in the opinion of the Project Manager, i impracticable to have performed by the Contractor's own employees, the Contractor will, subj to the approval of the Project Manager, be paid the actual cost to Contractor of such W. and in addition thereto five (5%) percent to cover the Contractor's superintendence, admini -tion and other overhead expenses. Payment of any amount un, -r this Article shall be subject to subsequent audit and approval, disapproval, modification or re -ion by representatives of the City. 60. As -Built Drawings During the Work, Contractor shall . intain records of all deviations from the Drawings and Specifications as approved by the Pro t Manager or Consultant and prepare two copies of As - Built Record Drawings showing corre• and accurately all changes and deviations made during construction to reflect the Work as was actually constructed. It is the responsibility of the Contractor to check the As -Built Drawin, for errors and omissions prior to submittal to the City and certify in writing that the As -Built ► :wings are correct and accurate, including the actual location of all internal piping, electrical ' nal conduits in or below the concrete floor. Indicate the size, depth and voltage in each cond Legibly mark to record actual construction: On -site s tures and site Work as follows: • Depths of various elements of foundation in -tion to finish first floor datum. • All underground piping and ductwork with elev •ns and dimensions and locations of valves, pull boxes, etc. Changes in location. •rizontal and vertical locations of underground utilities and appurtenances, re = nced to permanent surface improvements. Actual installed pipe material, class, • Location of internal utilities and appurtenances co ealed in the construction, referenced to visible and accessible features of the stru re. Air conditioning ducts with locations of dampers, access doors, fans and oth . items needing periodic maintenance. • Field changes in dimensions and details. • Changes made by Project Manager's or Consultant's writte nstructions or by Change Order. • Details not on original Contract Drawings. • Equipment, conduit, electrical panel locations. • Project Manager's or Consultant's schedule changes according to ntractor's records and shop drawings. Specifications and Addenda: Legibly mark each section to record: 48 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED ■ Manufacturer, trade name, catalog number and Supplier of each product and item of equipment actually installed. ■ Changes made by Project Manager's or Consultant's written instructions or by Change Order. pproved Shop Drawings: Provide record copies for each process equipment, piping, electrical system and instrumentation system. As ilt documents shall be updated monthly as a condition precedent to payment. For c struction of new building, or building additions, field improvements, and or roadway improve nts as -built drawings signed and sealed by a Florida licensed Registered Land Surveyor. In addition, •rojects which involve roadwork and drainage, Contractor shall provide complete as -built inform on relative to location, size, and depth of new pipes, manholes, inlets, etc. Identify grading; 'clude locations of fittings, valves, fire hydrants, changing in pipe materials, water sampling pts, thrust blocks, benchmarks, etc. The information shall be accurately recorded by the Co -ctor and submitted (signed and sealed by a Florida Certified P.L.S.) to the City of Miami prio al acceptance of the Work. All recorded information on existing utility crossing encountered d g construction, included but not limited -to pipes, inlets, manholes, etc., shall be recorded by - orida Registered Surveyor and shown on the record drawings. The Project's as -built set of • -wings shall Include GPS coordinates (X, Y, and Z) for all new and/or existing vacuum cleane. ' rainage system openings (i.e. catch basins, inlets, manholes, etc.) 61. Worker's Identification The Contractor's employees, who incl . - any Subcontractor, shall wear an identification card provided by the Contractor. The identific . «n card shall bear the employee's picture, name, title and name of the employer. Failure by a C. ractor's employee to wear such identification may result in his removal from the Work until su• time as the identification card is obtained and worn. Such removal shall not act as a bas for the Contractor to submit a claim for an extension of time. 62. Removal of Unsatisfactory Personnel The City may make written request to the Contractor fo e prompt removal and replacement of any personnel employed or retained by the Contractor, any or Sub -Contractor engaged by the Contractor to provide and perform services or Work • suant to the requirements of the Contract Documents. The Contractor shall respond to the Cit' ithin seven (7) calendar days of receipt of such request with either the removal and replacem= of such personnel or written justification as to why that may not occur. The City shall make t final determination as to the removal of unsatisfactory personnel from Work assigned by City. T Contractor agrees that the removal of any of its employees does not require the termination or d 'otion of employee(s). 63. Substantial Completion, Punch List & Final Completion The Work shall be substantially complete when the Project Manager, in the 'asonable exercise of his/her discretion determines that the Work is complete and there are material and/or substantial variations from the Contract Documents and the Work is fit for its i ded purpose. Upon Substantial Completion, the Project Manager and the Contractor shall sign Substantial Completion Inspection Form. The signing of this form shall not relieve the Contr. •r from its obligation to complete the Project. When the Contractor believes that the Work is substantially complete, the Contrac shall request in writing that the Project Manager or Consultant inspect the Work to deter if 49 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Contractor has obtained a Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from agencies havingjurisdiction over the Work. The Project Manager or Consultant shall schedule the date and time for any inspection and notify the Contractor and any other parties deemed ecessary. During this inspection, the Project Substantial Completion Inspection Form will be pleted as necessary. Any remaining Construction Work shall be identified on this form and sh- be known as Punch List Work. The Punch List shall be signed by the Project Manager and ► Consultant, and the Contractor confirming that the Punch List contains the item(s) neces ♦ to complete the Work. The failure or refusal of the Contractor to sign the Project Substan Completion Inspection Form or Punch List shall not relieve the Contractor from complying ' h the findings of the Project Substantial Completion Inspection and completing the Project to th- atisfaction of the City Where the Pu • indicate that the the Project`Manag substantially complet necessary to achieve shall request another Su List is limited to minor omissions and defects, the Project Manager shall rk is substantially complete subject to completion of the Punch List. Where or Consultant determines, on the appropriate form that the Work is not he Project Manager or Consultant shall provide a list of all open items stantial Completion. Upon completion of such Work, the Contractor ntial Completion inspection. The Project Manager or C required to complete all remai Upon the receipt of all document payment, the Project Manager or of the Project. ultant, and the Contractor shall agree on the time reasonably Work included in the Punch List. n, resolution of any outstanding issues and issuance of final sultant shall notify the Contractor in writing of the closeout The City will prepare a Certificate of Su • , -ntial Completion in the form which shall establish the Date of Substantial Completion. Once •stantial completion is achieved the City shall be responsible for security, maintenance, heat, ilities, damage to the Project site, and insurance; and shall list all Work yet to be complet- to satisfy the requirements of the Contract Documents for Final Completion. The failure to i ude any items of corrective Work on such list does not alter the responsibility of Contractor to c• ' •lete all of the Work in accordance with the Contract Documents. Warranties required by thetract Documents shall commence on the date of. Final Acceptance completion of the Work or d • nated portion thereof unless otherwise provided in the Contract Documents. 64. Acceptance and Final Payment Upon receipt of written notice from Contractor that the Wor - ready for final inspection and acceptance, Project Manager and/or Consultant shall, within t 10) calendar days, make an inspection thereof. If Project Manager and/or Consultant find the " •rk acceptable, the requisite documents have been submitted and the requirements of the ontract Documents fully satisfied, and all conditions of the permits and regulatory agencie ave been met, a Final Certificate for Payment shall be issued by Project Manager, stating tha e requirements of the Contract Documents have been performed and the Work is ready for eptance under the terms and conditions thereof. Before issuance of the Final Certificate for Payment, Contractor shall delivto the Project Manager or Consultant a final release of all liens arising out of the Contract Doc -nts, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors h. - been paid in full and that all other indebtedness connected with the Work has been paid, and • nsent of the surety to final payment; the final corrected as -built drawings; operations and ma -nance data, and the final bill of materials, if required, and payment application. Contractor shal -liver 50 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED the written Contractor's and all Manufacturer's warranties prior to issuance of the Final Certificate for Payment. If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor, and Project Manager or Consultant so certifies, City shall, upon uch certification of Consultant, and without terminating the Contract Documents, make ment of the balance due for that portion of the Work fully completed and accepted. Such p. • ent shall be made under the terms and conditions governing final payment, except that it sha ,ot constitute a waiver of claims. The a -ptance of final payment shall constitute a waiver of all claims by Contractor, except those pr ously made in strict accordance with the provisions of the Contract and identified by Contractor unsettled at the time of the application for final payment. 65. NDPES Res ments Contractor shall c Discharge Elirninati Intent, and the Stor SWPPP shall be includ for NPDES and SWPPP or visit the State of Flo Contractor is responsible f application or permits that may 66. Force Maieure ply with the State of Florida rules and regulations for the National Pollutant System (NPDES) including but not limited to all permitting, Notices of ater Pollution Prevention Plan (SWPPP). All costs for NPDES and in the Bid prices. For further information on compliance requirements tact the City of Miami Public Works Department at (305) 416-1200 website at http://www.dep.state.fl.us/water/stormwater/npdes/. obtaining, completing and paying for any required NPDES required. Should any failure to perform on the •. of Contractor be due to a condition of force majeure as that term is interpreted under Florid. .w, then the City may allow an extension of time reasonably commensurate with the cause such failure to perform or cure. If the Contractor is delayed in performing an force majeure condition, the Contractor shall (2) working days of said force majeure occurr mutual agreement and shall not be cause f compensation unless additional services are requ except as permitted by Florida law and may not contractors. 67. Extension of Time Any reference in this section to the Contractor shall be d= ed to include suppliers, and permitted Sub -Contractors, whether or not in privities of cont . t with the Contractor for the purpose of this article. If the Contractor is delayed at any time during the progress of the •rk beyond the Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the Ci • r by a Force Majeure, then the Contract Time set forth in the Contract shall be extended by City subject to the following conditions: • The cause of the delay arises after issuance of the NTP and co not have been anticipated by the Contractor by reasonable investigation before pros -ding with the Work; • The Contractor demonstrates that the completion of the Work will be - ually and necessarily delayed; bligation under the Contract Documents due to a uest a time extension from the City within two e. Any time extension shall be subject to any claim by the Contractor for extra d. Do Not Include inclement weather lude the acts or omissions of Sub- 51 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED • The effect of such cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts and measures whether before or after the occurrence of the cause of delay. Note: A delay meeting all the conditions of the above, shall be deemed an Excusable Delay. City reserves the right to rescind or shorten any extension previously granted if su quently, the Project Manager determines that any information provided by the Contractor in s •ort of a request for an extension of time was erroneous; provided however, that such inform- '•n or facts, if known, would have resulted in a denial of the request for an Excusable Delay. •twithstanding the above, the Project Manager will not rescind or shorten any extension viously granted if the Contractor acted in reliance upon the granting of such extension a such extension was based on information which, although later found to have been erroneou was submitted in good faith by the Contractor. The request fora xcusable Delay shall be made within ten (10) calendar days after the time when the Contract knows or should have known of any cause for which it may claim an extension of time a shall provide any actual or potential basis for an extension of time, identifying such cause nd describing, as fully as practicable at that time, the nature and expected duration of the • ay and its effect on the completion of that part of the Work identified in the request. _ The Proje, Manager may require the Contractor to furnish such additional information or documentatio .s the Project Manager shall reasonably deem necessary or helpful in considering the reque' -d extension. The Contractor shall not be entitl-. to an extension of time unless the Contractor affirmatively demonstrates that it is entitled to suc -xtension. The Project Manager shall endeavor review and respond to the Contractor's request for Excusable Delays in a reasonable perioe time; however, the Contractor shall be obligated to continue to perform the Work required reg- ess of whether the Project Manager has issued a decision or whether the Contractor agrees or • ,agrees with that decision. With regard to an injunction, strike or interferen of public origin which may delay the Project, the Contractor shall promptly give the Project Ma •er a copy of the injunction or other orders and copies of the papers upon which the same s have been granted. The City shall be afforded the right to intervene and become a party to ' suit or proceeding in which any such injunction shall be obtained and move to dissolve the sa or otherwise, as the City may deem proper. The permitting of the Contractor to proceed with the Work ssequent to the date specified in the Contract (as such date may have been extended by a cge order), the making of any payment to the Contractor, the issuance of any Change Order, s -II not waiver the City's rights under the Contract, including but not limited to the assessme of liquidated damages or declaring Contractor in default. 68. Notification of Claim Any claim for a change in the Contract Time or Contract Price shall be m. by written notice by Contractor to the Project Manager and to Consultant within ten (10) bu ess days of the commencement of the event giving rise to the claim and stating the general na'. and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of t event giving rise to the claim, written notice of the extent of the claim with supporting inf. ' ation and documentation shall be provided unless the Project Manager or Consultant allows a dditional period of time to ascertain more accurate data in support of the claim and such notice all be accompanied by Contractor's written notarized statement that the adjustment claime• the 52 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by the Project Manager or Consultant in accordance with Article 70, No Damages for Delay, if City and Contractor cannot otherwise agree. It is expressly and specifically agreed that any and all claims for changes to the Contract time or Contract price shall be waived if not bmitted in strict accordance with the requirements of this Article. T Contract time will be extended in an amount equal to time lost on critical Work items due to del beyond the control of and through no fault or negligence of Contractor if a claim is made there '• as provided in this Article. Such delays shall include, but not be limited to, acts or neglect any separate contractor employed by City, fires, floods, labor disputes, epidemics, abnormal -ather conditions or acts of God. 69. Extension Time not Cumulative In case the Co ctor shall be delayed for any period of time by two or more of the causes mentioned in Art , - 71, Excusable Delays, Non-Compensable, the Contractor shall not be entitled to a separa extension for each one of the causes; only one (1) period of extension shall: be granted forth_ •elay. 70. No Dama • es for Dela No claim for damages or - claim,other than for an extension of time, shall be made or asserted against City by reasof any delays except as provided herein. Contractor shall not be entitled to an increase in th ontract price or payment or compensation of any kind from City for direct, indirect, conseque al, impact or other costs, expenses or damages, including but not limited to costs of accele on or inefficiency, arising because of delay, disruption, interference or hindrance from an cause whatsoever, whether such delay, disruption, interference or hindrance be reasona• or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, how -r, that this provision shall not preclude recovery of damages by Contractor for actual delays d solely to fraud, bad faith or active interference on the part of City or its Consultant. Otherwise, ontractor shall be entitled only to extensions of the Contract Time for completion of the Wor -s the sole and exclusive remedy for such resulting delay, in accordance with and to t extent specifically provided above. NO EXCEPTIONS. Except as may be otherwise specifically provided for i e Contract Documents, the Contractor agrees to make no claim for damages for delay of any ' • in the performance of the Contract Documents whether occasioned by any act or omission o ' e City or any of its representatives (whether it is an Excusable Delay or otherwise) and the Co - ctor agrees that any such claim shall be compensated solely by an extension of time to comp , performance of the Work. In this regard, the Contractor alone hereby specifically assumes th isk of such delays, including without limitation: delays in processing or approving shop drawing amples or other submittals or the failure to render determinations, approvals, replies, inspectio or tests of the Work, in a timely manner. Contractor shall not receive monetary compensat for City delay. Time extensions may be authorized, in writing, by the City in certain situations. 71. Excusable Delay, Non-Compensable Excusable Delay is (i) caused by circumstances beyond the control o Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances be d the control of the City or Consultant, or (ii) is caused jointly or concurrently by Con ctor or its subcontractors, suppliers or vendors and by the City or Consultant. Then Contracshall be entitled only to a time extension and no compensation for the delay. 53 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Contractor is entitled to a time extension of the Contract time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 68, Notification of Claim, hereof. Failure of Contractor to comply with Article 68, Notification of Claim hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or linquishment of any and all claims resulting from that particular event of delay. 72. Li s and Grades The • , ntractor shall, at its own expense, establish all working and construction lines and grades required from the Project control points set by the City, and shall be solely responsib for the accuracy thereof. All work alo he entire project shall be located and constructed using the roadway base/center line as referen All elevations shown therein are in feet. 73. Defective Wor Project Manager or onsultant shall have the authority to reject or disapprove Work which Project Manager or sultant finds to be defective. If required by Project Manager or Consultant, Contractor s I promptly either correct all defective Work or remove such defective Work and replace it with •n-defective Work. Contractor shall bear all direct, indirect and consequential costs of such moval or corrections including cost of testing laboratories and personnel Should Contractor fail or refuse • remove or correct any defective Work or to make any necessary repairs in accordance , the requirements of the Contract Documents within the time indicated in writing by Project M. -ger or Consultant, City shall have the authority to cause the defective Work to be removed or c• ected, or make such repairs as may be necessary at Contractor's expense. Any expense inc -d by City in making such removals, corrections or repairs, shall be paid for out of any monies • - or which may become due to Contractor, or may be charged against the Performance Bond,. the event of failure of Contractor to make all necessary repairs promptly and fully, City may • lare Contractor in default. If, within one (1) year after the date of Substantia ompletion or such longer period of time as may be prescribed by the terms of any applicable •ecial warranty required by the Contract Documents, or by any specific provision of the Co act, any of the Work is found to be defective or not in accordance with the Contract Docum 'ts, Contractor, after receipt of written notice from City, shall promptly correct such defective or •nconforming Work within the time specified by City without cost to City, to do so. Nothing co ined herein shall be construed to establish a period of limitation with respect to any other obligan which Contractor might have under the Contract Documents including but not limited to any cl. , regarding latent defects. Failure to reject any defective Work or material shall not in any wa such defect is discovered, or obligate City to final acceptance. 74. Acceptance of Defective or Non -Conforming Work The City, in its sole discretion, may elect in writing to accept defective or n instead of requiring its removal and correction. In such instances, a Ch issued to reflect an appropriate reduction in the Contract sum, or, if the amo after final payment, any difference in the amount shall be paid to the City by the 75. Uncovering Finished Work The Project Manager's, Inspector's and/or Consultant's right to make inspections sha clude the right to order the Contractor to uncover or take down portions of finished Work. The •"ect event later rejection when -conforming Work e Order will be is determined tractor. 54 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Manager /or Consultant shall notify the Contractor in writing concerning all uncovered finished Work. Should the Work prove to be in accordance with the Contract Documents, the uncovering or taking down and the replacing and the restoration of the parts removed will be treated as Extra Work for the purpose of computing additional compensation and an extension of time. Should the Work examined prove unsatisfactory, such uncovering, taking down, placing and restoration shall be at the expense of the Contractor. Such expenses shall also i ude repayment to the City for any and all expenses or costs incurred by it, including e oyee salaries or related cost, in connection with such uncovering, taking down, replacing and toration at the Project site. 76. - Corre • n of Work The Contr- or shall promptly correct all Work rejected by the Project Manager or Consultant as defective or failing to conform to the Contract Documents, whether observed before or after Substantial C. •letion and whether or not fabricated, installed or completed. The Contractor shall bear all co of correcting such rejected Work, including the cost of the City's additional services thereby •e necessary. The Contractor furth- agrees that after being notified in writing by the Project Manager or Consultant of any Wor .t in accordance with the requirements of the Contract Documents or any defects in the Work, e Contractor will commence and prosecute with due diligence all Work necessary to fulfill the rms of the Contract and to complete the Work within a reasonable period of time, as determine • the Project Manager or Consultant, and in the event of failure to so comply, the Contractor do- hereby authorize the City to proceed to have such Work done at the Contractor's expense and t 't the Contractor will pay the cost thereof upon demand. The City shall be entitled to all costs, inc •ing reasonable attorneys' fees, necessarily incurred upon the Contractor's refusal to pay the ab• - costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an I mediate hazard to the health or safety of personnel, property, or licensees, the City may unde . e, at the Contractor's expense, without prior notice, all Work necessary to correct such hazar• s condition when it was caused by Work of the Contractor not being in accordance with the r irements of the Contract. If, within one (1) year after the date of final cetion of the Project or within such longer period(s) of time as may be prescribed by law, b e Contract Documents, or by the terms of any applicable special warranty required by the Co ct Documents, any of the Work is found to be defective or not in accordance with the Contract ► ,cuments, the Contractor shall correct it promptly after receipt of a written notice from the City t• 'o so. The City shall give such notice promptly after discovery of the condition. All such defective or non -conforming Work shall be remove • •m the site if necessary and the Work shall be corrected to comply with the Contract Documents 'thout cost to the City. 77. Maintenance of Traffic and Public Streets Scope of Work The Contractor shall be responsible for the maintenance of p is streets and traffic control necessary to perform the Work under the Contract Doc ,ents. The cost of traffic control shall be included in the Contractor's Bid. Regulations As used herein, any reference to Miami -Dade County, its departments, o published regulations, permits and data, shall be synonymous and interchangeabl- k ith other recognized governing bodies over particular areas or streets, or their de• ments, published regulations (i.e., Manual of Uniform Traffic Control Devices (MUTCD , DOT Roadway and Bridge Standard Index Drawing Book), permits or data. The Con for 55 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED shall abide by all applicable laws, regulations, and codes thereof pertaining to Maintenance of Traffic (MOT) on public streets, detour of traffic, traffic control and other provisions as may be required for this Project. Maintenance of Traffic (MOT) • The Contractor shall be fully responsible for the MOT on public streets, detour of traffic (including furnishing and maintaining regulatory and informative signs along the detour route), traffic control, and other provisions, throughout the Project, as required by the Manual of Uniform Traffic Control Devices (MUTCD), and FDOT Roadway and Bridge tandard Index drawing Book. Traffic shall be maintained according to corresponding cal traffic control details as outlined in the previous noted standards. No street shall be •mpletely blocked, nor blocked more than one-half at any time, keeping the other one- f open for traffic, without specific approval. If requi by the Project Manager or Consultant, Traffic Division or FDOT or as otherwise thorized by the Project Manager or Consultant, the Contractor shall make arrangemen for the employment of uniformed off -duty policemen to maintain and regulate the f • of traffic through the work area. The number of men required and the number of hour •n duty necessary for the maintenance and regulation of traffic flow shall be provided • the City of Miami Police Department. The Contractor shall •vide all barricades with warning lights, necessary arrow boards and signs, to warn mo ists of the Work throughout the Project. Adequate approved devices shall be erected . • maintained by the Contractor to detour traffic. • Excavated or other materia ored adjacent to or partially upon a roadway pavement shall be adequately marked f• raffic safety at all times. The Contractor shall provide necessary access to all adjacen operty during construction. • The Contractor shall be responsibl MOT and safety devices, in accor Devices (MUTCD) and FDOT Roadwa addition, the Contractor shall be responsi for lane closures and/or detours for approv signed and sealed by a professional Eng employed by the Contractor and certified un 010. r the provision, installation and maintenance of all ce with the Manual of Uniform Traffic Control nd Bridge Standards index drawing book. In for providing the Consultant with MOT plans These plans (sketches) shall be produced, er registered in the State of Florida, FDOT Procedure NPIL No. 625-010- • Where excavations are to be made in the vicinity of ;nalized intersections, attention is directed to the fact that vehicle loop detectors m have been embedded in the pavement. Verify these locations by inspecting the site o e Work and by contacting the Sunshine State One -Call Center (1-800-432-4770), 48 h rs prior to any excavation. Any loop detector which is damaged, whether shown on 'e Plans or not, shall be repaired or replaced to the satisfaction of the Miami Dade . aunty Signs and Signal Division (Phone No. 305-592-3470). • Where applicable, the Contractor shall notify the Traffic Division 2 •urs in advance of the .construction date or 48 hours in advance of construction wit . any signalized intersection. • Temporary pavement will be required over all cuts in pavement areas, a also where traffic is to be routed over swale or median areas. When the temporary p ment for routing traffic is no longer necessary, it shall be removed and the swale or me• areas restored to their previous condition. 56 Beacom Project Area Improvements — Phase 11 ITB No.: 12-13-051 SUBSTITUTED 78. • Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. Maintenance of Traffic for Bypass Pumping • The Contractor shall take appropriate steps to ensure that all temporary pumps, piping and hoses are protected from vehicular traffic and pedestrian traffic. -- - Closures • Where construction of the Project shall involve lane closures public streets, the following all apply: • La closures require a Lane Closure Permit, obtained two weeks prior to planned cons ction, with a minimum 48-hour prior notice to local police and emergency depart -nts (some police jurisdictions may require considerably more notice). Lane closures a one day or less duration will generally not be approved for major collector streets or arterial streets during the hours of 7am to 9am and 4pm to 6pm weekdays. Location and Da e to Existin • Facilities E • ui •ment or Utilities As far as possible, all e .ting utility lines in the Project(s) area(s) will be shown on the plans. However, City does not g antee that all lines are shown, or that the ones indicated are in their true location. It shall be - Contractor's responsibility to field verify all underground and overhead utility lines or equip nt affecting or affected by the Project. No additional payment will be made to the Contractor • ause of discrepancies in actual and plan location of utilities, and damages suffered as a result -reof. The Contractor shall notify each utili company involved at least fourteen (14) calendar days prior to the start of construction to a nge for positive underground location, relocation or support of its utility where that utility m- be in conflict with or endangered by the proposed construction. Relocation of water mains o ,ther utilities for the convenience of the Contractor shall be paid by the Contractor. All charge- +y utility companies for temporary support of its utilities shall be paid for by the Contractor. costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility co ,any involved. No additional payment will be made to the Contractor for utility relocations, wh: ler or not said relocation is necessary to avoid conflict with other lines. The Contractor shall schedule the Work in such a man r that the Work is not delayed by the utility providers relocating or supporting their utilities. e Contractor shall coordinate its activities with any and all public and private utility provid- occupying the right-of-way. No compensation will be paid to the Contractor for any loss of tim: •r delay. All overhead, surface or underground structures and utilities e •untered are to be carefully protected from injury or displacement. All damage to such st , tures is to be completely repaired within a reasonable time; needless delay will not be tolera The City reserves the right to remedy such damage by ordering outside parties to make such 'airs at the expense of the Contractor. All such repairs made by the Contractor are to be ma• to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. II repairs are to be inspected by the utility owner prior to backfilling 79. Stop Work Order The City may, at any time, by written order to the Contractor, require the Contrac • to stop all, or any part, of the Work for a period of up to ninety (90) days (or any les period), commencing no sooner than the date the order is delivered to the Contractor, anor any further period to which the parties may agree. Any such order shall be specifically iden -d as 57 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed the City shall either: • Cancel the Stop Work Order; or • Terminate the Work covered by such order as provided in Article 89, Termination for Convenience. If - top Work Order issued under this Article is canceled or the period of the order or any exte on thereof expires, the Contractor shall resume the Work without compensation to the Contra, •r for such suspension other than extending the time for Substantial Completion to the extent th in the opinion of the Project Manager or Consultant, the Contractor may have been delayed b ch suspension. In the event the Project Manager or Consultant determines that the suspense, of Work was necessary due to Contractor's defective or incorrect Work, unsafe Work conditio aused by the Contractor or any other reason caused by Contractor's fault or omission, the Co actor shall not be entitled to an extension of time as a result of the issuance of a Stop Work Or 80. Hurricane Pre are 'ess During such periods of ti - as are designated by the United States Weather Bureau as being a hurricane warning, the Con ctor, at no cost to the City, shall take all precautions necessary to secure the Project site in re •nse to all threatened storm events, regardless of whether the Project Manager or Consultant •s given notice of same. Compliance with any specific hurr -ne warning or alert precautions will not constitute additional work. Suspension of the Work caused by a . eatened or actual storm event, regardless of whether the City has directed such suspension, entitle the Contractor to additional Contract time as non-compensable, excusable delay, and s I not give rise to a claim for compensable delay. 81. Use of Completed Portions City shall have the right, at its sole option, to e possession of and use any completed or partially completed portions of the Project(s). Suc 'ossession and use shall not be deemed an acceptance or beneficial use or occupancy of any of - Work not completed in accordance with the Contract Documents. If such possession and use reases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compen ion, or reasonable extension of time or both, as determined by Project Manager or Consultant. In the event City takes possession of any completed or p- ially completed portions of the Project, the following shall occur: • City shall give notice to Contractor in writing at least thi 30) calendar days prior to City's intended occupancy of a designated area. • Contractor shall complete to the point of Substantial Complet the designated area and request inspection and issuance of a Certificate of Subst al Completion from Project Manager or Consultant. • Upon Project Manager or Consultant's issuance of a Certificat= of Substantial Completion, City will assume full responsibility for maintenance, utiliti_ subsequent damages of City and public, adjustment of insurance coverage's and start • arranty for the occupied area. • Contractor shall complete all items noted on the Certificate of Substantial Co •letion within the time specified by Project Manager or Consultant on the Certifi - of 58 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Substantial Completion, as specified in the Punch List and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Project Manager or Consultant shall issue a Certificate of Final Payment relative to the occupied area. • If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the olicy or policies. Insurance on the unoccupied or unused portion or portions shall not canceled or lapsed on account of such partial occupancy or use. Consent of C• actor and of the insurance company or companies to such occupancy or use shall not : unreasonably withheld. 82. Cleanin• U • it 's Ri • ht to Clean U Contractor shall - -II times keep the premises free from accumulation of waste materials or rubbish caused by operations. No fill or clearing stockpiles to remain on site for more than 24 hours. At the comb 'tion of a Project(s), Contractor shall remove all its waste materials and rubbish from and abou e Project(s) as well as its tools, construction equipment, machinery and surplus materials. I .ntractor fails to clean up during the prosecution of the Work or at the completion of the Work, 'ty may do so and the cost thereof shall be charged to Contractor. If a dispute arises between ► tractor and separate contractors as to their responsibility for cleaning up, City may clean and charge the cost thereof to the contractors responsible therefore as the Project Manager d/or Consultant shall determine to be just. All combustible waste materials shall be removerom the Project(s) at the end of each day. Cleaning operations should be controlled to lim , gust and other particles adhering to existing surfaces. 83. Removal of Equipment In case of termination of this Contract befo if notified to do so by City, shall promptly re supplies from the property of City. If the Contr shall have the right to remove such equipment an 84. Set -offs, Withholdings and Deductions The City may set-off, deduct or withhold from any pay -nt due the Contractor, such sums as may be specifically allowed in the Contract or by applicab law including, without limitation, the following: • Any amount of any claim by a third party; • Any Liquidated Damages, and/or; • Any unpaid legally enforceable debt owed by the Contrac . to the City. The City shall notify the Contractor in writing of any such withholdings. Any withholding, which is ultimately held to have been wrongful, shall b- aid to the Contractor in accordance with the Local Government Prompt Payment Act 85. Event of Default An event of default shall mean a breach of the Contract or by the Contractor. "thout limiting the generality of the foregoing and in addition to those instances referred to herein a breach, an Event of Default, shall include but not limited to, the following; • The Contractor has not performed the Work in a timely manner; ompletion for any cause whatsoever, Contractor, e any part or all of Contractor's equipment and r does not comply with City's order, the City upplies at the expense of Contractor. 59 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED • The Contractor has refused or failed, except in the case for which an extension of time is provided, to supply properly skilled staff or provided sufficient quantities of staff to perform the Work; The Contractor has failed to make prompt payment to subcontractors or suppliers for any services or materials they have provided; The Contractor has become insolvent or has assigned the proceeds received for the benefit of the Contractor's creditors, or the Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the Contractor's affairs have been put in the hands of a receiver; The Contractor has failed to obtain the approval of the City where required by the ntract; Contractor has failed in the representation of any warranties stated herein; Wh in the opinion of the City, reasonable grounds for uncertainty exist with respect to th- ontractor's ability to perform the Work, the City shall notify the Contractor in writing .t it must, within the time frame set forth in the City's request, provide adequate surances and a plan of action to the City, in writing, of the Contractor's ability to p •rm in accordance with the terms of the Contract Documents. In the event that th- ontractor fails to provide to the City the requested assurances within the prescribed t - frame, the City may: o Treat such re as a repudiation of the Contract and/or; o Resort to any medy for breach provided herein or by law, including but not limited to, takin• ver the performance of the Work or any part thereof either by itself or through of s. • In the event the City may, •t its sole discretion terminate the Contract for default, the City or its designated re•-sentatives may immediately take possession of all applicable documentation an• -ta. • Where the City erroneously to nates the Contract or for default, the terminations shall be converted to a Terminatio or Convenience, and the Contractor shall have no further recourse of any nature for wr. ' •ful termination. 86. Notice of Default -Opportunity to Cure In the event that the City determines that the Con tor is in default of their obligations under the Contract, the City may at its sole discretion note the Contractor, specifying the basis for such default, and advising the Contractor that such def- t must be cured within a specified time frame or the Contract with the City may be terminated. - City is under no obligation to issue such notification. The City may grant an extension to t cure period if the City deems it appropriate and in the best interest of the City, without 'ver of any of the City's rights hereunder. The City, at its sole discretion, may have a defau orrected by its own forces or another contractor and any such costs incurred will be dedu• d from any sums due the Contractor under any contract with the City. 87. Termination for Default If Contractor fails to comply with any term or condition of the Contract • •currents, or fails to perform any of its obligations hereunder, then Contractor shall be in -fault. Upon the occurrence of a default hereunder which is not cured within the time specifies cure the default if one has been granted by the City, the Director in addition to all remedies avai . •le to it by law, may immediately, upon written' notice to Contractor, terminate this Contract reupon any advances for which Work has not been performed, paid by the City to Con 'ctor while Contractor was in default shall be immediately returned to the City. The Directo ay also suspend any payment or part thereof or order a Work stoppage until such time as thssues concerning compliance are resolved. Contractor understands and agrees that termina of 60 Beacom Project Area Improvements — Phase 1I ITB No.: 12-13-051 SUBSTITUTED this Contract under this Article shall not release Contractor from any obligation accruing prior to the effective date of termination. A finding of default and subsequent termination for cause may include, without limitation, any of the following: ■ Contractor fails to obtain the insurance or bonding herein required by the Contract. Contractor fails to comply with any of its duties under the Contract Documents, with any terms or conditions set forth in this Contract, beyond any specified period allowed to cure such default. Contractor fails to commence the Work within the timeframes provided or ntemplated herein, or fails to complete the Work in a timely manner as required by t Contract. If this Contra, is terminated for default and the City has satisfied its obligations under the Contract Docu is the City is granted by the Contractor full use of the Work and any Work Product in conne •n with the City's completion and occupancy of the Project. Where it has been • -rmined that the Contractor has been erroneously terminated under this Article, such terminati• shall be deemed to have been occurred under Article 89, Termination for Convenience. The in its sole discretion may terminate the Contract without providing the Contractor a written no - to cure. 88. Remedies in the Event o rmination for Default If a Termination for Default occu notified of the effective date of the the default, including but not limited the Contractor (and the bond provider, if applicable) shall be mination and shall be liable for all damages resulting from e-procurement costs and other direct damages The Contractor shall stop Work as of th. • ate of notification of the termination and immediately remove all labor, equipment and materia (not owned or paid for by the City) from the Work Site. The City assumes no liability for the .ntractor's failure to remove such items from the Project(s) site(s) as required. The Contractor shall also remain liable for any •ilities and claims related to the Contractor's default. As an alternative to termination, the City may bring s or proceedings for specific performance or for an injunction 89. Termination for Convenience In addition to cancellation or termination as otherwise provide or in the Contract, the City may at any time, in its sole discretion, with or without cause, termina the Contract by written notice to the Contractor. Such Written Notice shall state the date upon w h Contractor shall cease all Work under the Contract and vacate the Project(s) site(s). The Contractor shall, upon receipt of such notice, unless otherwise dire. -d by the City: • Stop all Work on the Project(s) on the date specified in the notice ' he Effective Date"); • Take such action as may be necessary for the protection and prese on of the City's materials and property; • Cancel all cancelable orders for materials and equipment; • Assign to the City and deliver to the site, or any other location specified b e Project Manager, any non -cancelable orders for materials and equipment that an not otherwise be used except for Work under the Contract and have been spe. ' ically fabricated for the sole purpose of the Work and not incorporated in the Work; 61 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED • Take no action that shall increase the amounts payable by the City under the Contract Documents; and • Take reasonable measures to mitigate the City's liability under the Contract Documents. • All charts, sketches, studies, drawings, reports and other documents, including electronic documents, related to Work authorized under the Contract, whether finished or not, must be turned over to the City. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by Contractor until all documentation is delivered to the City. In the e t that the City exercises its right to terminate the Contract pursuant to the Contract Document he City will pay the Contractor: • Forth of the P and (2) n except in th sole purpose • To the extent established as Paragraph excee • The amount due her • All payments pursua satisfaction of all claim further, the City may ded Article any claims it may hay • Contractor shall not be entitle result of a Termination for Conve • All payments made under the Con ctual cost or the fair and reasonable value, whichever is less, of (1) the portion ct(s) completed in accordance with the Contract through the completion date, cancelable material(s) and equipment that is not of any use to the City erformance of the Contract, and has been specifically fabricated for the e Contract but not incorporated in the Work; and actical, the fair and reasonable value shall be based on the price sult of the Contract. In no event, shall any payments under this e maximum cost set forth in the Contract. der may be offset by all payments made to the Contractor. o this Article shall be accepted by the Contractor in full gainst the City arising out of the termination including, or set off against any sums due and payable under this gainst the Contractor. lost profits, overhead or consequential damages as a nce. t are subject to audit Upon the City's payment in full of the amounts • - the Contractor under this Article the Contractor grants the City full use of the Work an. ny Work Product to complete the Project and subsequently occupy the Project. 90. Resolution of Disputes Contractor understands and agrees that all disputes b- een it and the City based upon an alleged violation of the terms of this Agreement by the Ci .hall be submitted for resolution in the following manner. The initial step shall be for the Contractor to notify the Project ager in writing of the claim or dispute and submit a copy to the City of Miami personnel identifies r Article 4, Notices. Should the Contractor and the Project Manager fail to resolve the submit their dispute in writing, with all supporting documentation, t Contracts, as identified in Article 4, Notices. Upon receipt of said n Director -Contracts shall review the issues relative to the claim or disput finding. Should the Contractor and the Assistant Director -Contracts fail to resolve e dispute the Contractor shall submit their dispute in writing within five (5) calendar days t• e Director. Failure to submit such appeal of the written finding shall constitute acceptance of t finding by the Contractor. Upon receipt of said notification the Director shall review the issues - , ative to the claim or dispute and issue a written finding. ute the Contractor shall he Assistant Director - cation the Assistant nd issue a written 62 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Contractor must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Appeal to the City Manager for his/her resolution, is required prior to Contractor being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $100,000, the City Manager's decision shall be approved or sapproved by the City Commission. Contractor shall not be entitled to seek judicial relief ss: it has first received City Manager's written decision, approved by the City Commission if pplicable, or (ii) - .eriod of sixty (60) days has expired after submitting to the City Manager a detailed st- -ment of the dispute, accompanied by all supporting documentation, or a period of (90) ys has expired where City Manager's decision is subject to City Commission for appro or (iii) City ha- aived compliance with the procedure set forth in this Article by written instrumen signed by the City Manager. In the event the de hereto, the party obje fourteen (14) calendar basis of the objection an Contract time `adjustment c reason to believe it is entitled t after Final Completion of the objections to any determinations shall be mutually agreed upon b mediation, the parties retain all their party objecting to a determination sp including its rights and remedies unde accordance with the requirements of this Arta 91. Mediation -Waiver of Jury Trial ination of a dispute under this Article is unacceptable to either party g to the determination must notify the other party in writing within s of receipt of the written determination. The notice must state the ust be accompanied by a statement that any Contract price or ed is the entire adjustment to which the objecting party has s a result of the determination. Within sixty (60) calendar days k, the parties shall participate in mediation to address all eunder and to attempt to prevent litigation. The mediator e parties. Should any objection not be resolved in al rights and remedies provided under State law. A ically waives all of its rights provided hereunder, tate law, if said party fails to comply in strict In an effort to engage in a cooperative effort to solve conflict which may arise during the course of the construction of a Project(s), and/or fo ing the completion of the Project(s), the parties to this Contract agree all unresolved disputes . een them shall be submitted to non- binding mediation prior to the initiation of litigation, unl: otherwise agreed in writing by the parties. A certified Mediator, who the parties find m ally acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Flon• The parties will share the costs of a certified Mediator on a 50/50 basis. The Contractor agre o include such similar contract provisions with all Sub -Contractors retained for the Work, the •y providing for non -binding mediation as the primary mechanism for dispute resolution. In an effort to expedite the conclusion of any litigation the parties vo ► tarily waive their right to jury trial or to file permissive counterclaims in any action arising under t Contract. 92. City May Avail Itself of All Remedies The City may avail itself of each and every remedy herein specifically given t ' now or existing at law or in equity, and each and every such remedy shall be in addition to ev other remedy so specifically given or otherwise so existing and may be exercised from time time and as often and in such order as may be deemed expedient by the City. The ex se or the beginning of the exercise, of one remedy shall not be deemed a waiver of the right t xercise, at the same time or thereafter, of any other remedy. The City's rights and remedies as -t forth 63 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED in the Contract Documents are not exclusive and are in addition to any other rights and remedies in law or in equity. Permits, Licenses and Impact Fees All applicable permit fees, including those assessed by the City, are the responsibility of the ontractor. That includes also any other permit fees not directly related to the actual struction of the Project(s), including but not limited to, licenses, permits and fees, such as Pe its for .dumpsters, job trailers, etc., which may be required by Miami -Dade County, the Stat- 'f Florida, or other governmental entities. Except . otherwise provided within the Contract Documents, all permits and licenses required by federa .tate or local laws, rules and regulations necessary for the prosecution of the Work undertaken Contractor pursuant to the Contract Documents shall be secured and paid for by Contractor. It Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, v.. for the Work to be performed and valid for the jurisdiction in which the Work is to be perfor . for all persons working on the Project(s) for whom a Certificate of Competency is req -d. Impact fees levied •y the City and/or Miami -Dade County shall be paid by Contractor. Contractor :II be reimbursed only for the actual amount of the impact fee levied by the public entity as evi • ; ' ced by an invoice or other acceptable documentation issued by the public entity. Fees for Permits REQUIRED THE CITY AND PAYABLE TO THE CITY (e.g. Building Department's Fees such as, Mas Permit, Major Trades, Mechanical, Electrical, and Plumbing Fees; Public Works Fees, such as • ie and Grade, Excavation, Dewatering and NPDES Fees, and Zoning Department's Fees) by e of this construction as part of the Contract shall be reimbursed to the Contractor by the ity through an Allowance Account set for herein, evidenced by an invoice or other accepta: documentation issued by the public entity. Permit Fees reimbursement to Contractor s I be for the actual amount and in no event shall include profit or overhead of Contractor. Permit fees related the Contractor's operations (epermits for dumpsters, job trailers, etc.) are not reimbursable. 94. Compliance with Applicable Laws All work shall be constructed in accordance with the lates dition of the City of Miami's contract documents and specifications, the City of Miami's Standa for Design and Construction as well as the Miami -Dade County's Standard Details, and 'e 2007 Edition of the Florida Department of Transportation Specifications Road and Bridge struction. The Contractor shall comply with the most recent editions and uirements of all applicable laws, regulations, building and construction codes of the Federa overnment, the State of Florida, the County, and the City. The attention of the Contractor is directed to the requirements of the Flo - Building Code and the Codes of Miami -Dade County and the City of Miami, Florida, governing - qualifications for Contractor and Sub -Contractor doing business anywhere in the City. 95. independent Contractor The Contractor is engaged as an independent business and agrees to perform ork as an independent contractor. In accordance with the status of an independent cont tor, the Contractor covenants and agrees that the Contractor will conduct business in a canner consistent with that status, that the Contractor will not claim to be an officer or employee the 64 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED City for any right or privilege applicable to an officer or employee of the City, including, but not limited to: worker's compensation coverage; unemployment insurance benefits; social security coverage; retirement membership, or credit. The Contractor's staff shall not be employees of the City, and the Contractor alone shall be responsible for their Work, the direction thereof, and their compensation and benefits of any d. Nothing in the Contract shall impose any liability or duty on the City on account of the tractor's acts, omissions, liabilities or obligations of those of any person, firm, company, age association, corporation, or organization engaged by the Contractor as a subcontractor, expe consultant, independent contractors, specialist, trainee, employee, servant or agent or for tax = of any nature, including, but not limited to: unemployment insurance; worker's compens. in and anti -discrimination, or workplace legislation of any kind. The Contractor hereby agr to indemnify and hold harmless the City against any such liabilities, even if they arise from ac s directed or taken by the City. 96. Third Part Be -ficiaries Neither Contractor • r City intends to directly or substantially benefit a third party by this Contract. Therefore, parties agree that there are no third party beneficiaries to this Contract and that no third party .II be entitled to assert a claim against either of them based upon this Contract. The parties e -ssly acknowledge that it is not their intent to create any rights or obligations in any third pers or entity under this Contract 97. Successors and Assigns The performance of this Contract 'all not be transferred pledged, sold, delegated or assigned, in whole or in part, by the Contracto ithout the written consent of the City. It is understood that a sale of the majority of the stock or p. nership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of ore. ors shall each be deemed transactions that would constitute an assignment or sale hereund= equiring prior City approval. Any transference without City approval sha 'e cause for the City to nullify this Contract. Any assignment without the City's consent shall ► null and void. The Contractor shall have no recourse from such cancellation. The City may r ire bonding, other security, certified financial statements and tax returns from any proposed a : nee and the execution of an assignment/ assumption agreement in a form satisfactory to the ity Attorney as a condition precedent to considering approval of an assignment. The Contractor and the City each binds one anoth their partners, successors, legal representatives and authorized assigns to the other party • this Contract and to the partners, successors, legal representatives and assigns of such party respect to all covenants of this Agreement. 98. Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligatio et forth in this Contract Documents is substantial and important to the formation of the Cs act Documents and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not b, seemed a waiver of such provision or modification of the Contract Documents. A waiver o y breach of a provision of the Contract Documents shall not be deemed a waiver of any sub suent breach and shall not be construed to be a modification of the terms of the Contract Documts. 99. Severability 65 Beacom Project Area Improvements — Phase II ITS No.: 12-13-051 SUBSTITUTED In the event the any provision of the Contract Documents is determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be - excised from this Contract, and the remainder of the Contract Documents shall continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely affect the rights of either party, such party may elect, at its option, to erminate .the Contract in its entirety. An election to terminate the Contract based upon this vision shall be made within seven (7) calendar days after the finding by the court becomes fi 100. App able Law and Venue of Litigation This C. act will be interpreted under the laws of the State of Florida which will apply regardles choice of law principles. This Contract shall be enforceable in Miami -Dade County, Florida, an• egal action is necessary by either party with respect to the enforcement of any or all of the ter or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade Co , Florida. The parties waive any objections to venue. - 101. Amendments No modification; ame effective unless contain this Contract and execute 102. Entire Agreement The Contract Documents, as th ay be amended from time to time, represent the entire and integrated Contract between the and the Contractor and supersede all prior negotiations, representations or agreements, writ or oral. This Contract may not be amended, changed, modified, or otherwise altered in any r- sect, at any time after the execution hereof, except by a written document executed with the samormality and equal dignity herewith. Waiver by either party of a breach of any provision of th ontract Documents shall not be deemed to be a waiver of any other breach of any provision • e Contract Documents. ent, or alteration in the terms or conditions contained herein shall be in a written document prepared with the same or similar formality as the City Manager, Director or designee. 103. Nondiscrimination, Equal Employme Opportunity, and Americans with Disabilities Act Contractor shall not unlawfully discriminate against a person in its operations and activities or in its use or expenditure of funds in fulfilling its oblig. '.ns under this Agreement. Contractor shall affirmatively comply with all applicable provisions the Americans with Disabilities Act (ADA) in the course of providing any services funded by Ci including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), .nd all applicable regulations, guidelines, and standards. In addition, Contractor shall t. affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under the • tract Documents shall be made without regard to or consideration of race, age, religion, color, • der, sexual orientation, national origin, marital status, physical or mental disability, political affili. •n, or any other factor which cannot be lawfully used as a basis for service delivery. 104. Evaluation Contractor acknowledges that upon completion of the Work under the Cont t Documents and/or at any other time deemed appropriate by the City a performance evaluatio port will be completed by the City. A copy of each performance evaluation shall also be forw. red to the Contractor. The performance evaluations will be kept in City files for evaluation future solicitations. 66 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED 105. Commodities manufactured, grown or produced in the City of Miami, Miami -Dade County and the State of Florida Whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County nd the State of Florida, and whenever all things stated in such received bids are equal with pect to price, quality, and service, the commodities manufactured, grown, or produced within the ity of Miami, Miami -Dade County and the State of Florida shall be given preference. 106. Ro - les and Patents All fees, alties, and claims for any invention, or pretended inventions, or patent of any article, material, angement, appliance, or method that may be used upon or in any manner be connected the construction of the Work or appurtenances, are hereby included in the prices stipulated in t Contract for said Work. 107. _ Continuation • he Work Any Work that com -nces prior to and will extend beyond the expiration date of the current contract period shall, ► ess terminated by mutual written agreement between the City and the involved contractor, con e until completion at the same prices, terms and conditions. 108. >' Public Records City shall have the right to i sect and copy, at City's expense, the books and records and accounts of Contractor which re . in any way to the Project(s), and to any claim for additional compensation made by Contract • and to conduct an audit of the financial and accounting records of Contractor which relate t < Project(s) and to any claim for additional compensation made by Contractor including but no ited to all payroll records, invoices for materials, and books of accounts. Such records shall nform to Generally Accepted Accounting Principles requirements (GAAP), and shall only addr . those transactions related to the Contract. Records subject to the provisions of Public ' ord Law, Florida Statutes Chapter 119, shall be kept in accordance with such statute. Otherwi Contractor shall retain and make available to City all such books and records and account financial or otherwise, which relate to the Project(s) and to any claim for a period of five years following Final Completion of the Project(s). Contractor shall additionally comply with Section 119.1, Florida Statutes, including without limitation: (1) keep and maintain public records that ordina and necessarily would be required by the City to perform this service; (2) provide the public access to public records on the same terms and conditions as the City would at the cost • 'vided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that pu ' records that are exempt or confidential and exempt from disclosure are not disclosed except . authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, . the City all public records in its possession upon termination of this Agreement and destroy an •uplicate public records that are exempt or confidential and exempt from disclosure requireme (5) all electronically stored, public records must be provided to the City in a format com • . 'ble with the City's information technology systems. The Contractor agrees to maintain an accounting system that provides for a punting records that are supported with adequate documentation and adequate procedures determining allowable costs. Contractors shall develop the proper forms and reports acceptable to the Ci for the administration and management of the Contract Documents. 67 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED 109. No Interest Any monies not paid by City when claimed to be due to Contractor- under the Contract Documents, including, but not limited to, any and all claims for damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to lid and proper invoices. 110. P- ents Related to Guaranteed Obligations The may withhold from any payments to be made such sums as may reasonably be necessto ensure completion of the Project(s) with respect to defective Work, equipment or materials ich may be identified by the Project Manager. The City ma on account of t duct from any payment due the Contractor an amount equal to its cost incurred Contractor's failure to fully perform its obligations under the Contract. The Project Man Contractor notice o or deduction. r, prior to withholding or deducting any monies hereunder, shall give the e defective Work, equipment or material and the basis for the withholding Upon the Project Mana• . 's determination that the Contractor has fulfilled its obligations, the City will pay the Contrac any monies owed, subject to Contractor's submission of, or compliance with, any remaini documentation or obligation, as the case may be, in accordance with the Contract Documents. 111. Consent of City Required for blettinq or Assignment If the Contractor assigns, transfers, title or interest in or to the same or any City, such action shall be an Event of De Contractor to assign monies due to, or to affect any assignment by the Contractor applicable law. 112. Agreement Limiting Time in Which to Brin lets or otherwise disposes of the Contract or its right, thereof without the previous consent in writing of the It. Nothing herein shall either restrict the right of the come due or be construed to hinder, prevent or the benefit of its creditors, made pursuant to ction Against the City In the event the Contractor may be deemed to have a .use of action against the City, no action shall lie or be maintained by the Contractor against t City upon any claim arising out of or based upon the Contract Documents by reason of any ac omission or requirement of the City or its agents, unless such action shall be commenced wi six (6) months after the date of issuance of a final payment under the Contract, or if final p. , ent has not been issued within six (6) months of substantial completion of the Work or up• any claim relating to monies required to be retained for any period after the issuance of the .aid certificate, unless such action is commenced within six (6) months after such monies bec. le due and payable under the terms of the Contract Documents, or if the Contract is terminates or declared abandoned under the provisions of the Contract unless such action is commenc within six (6) months after the date of such termination or declaration of abandonment by the C 113. Defense of Claims Should any claim be made or any legal action brought in any way relating here , • r to the Work hereunder, except as expressly provided herein, the Contractor shall diligently nder to the City, any and all legal, professional, expert technical and trade related assistance - s required by the Contract Documents, including the Indemnity provision, which the City may re• ' e of the Contractor. 68 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED 114. - Contingency Clause Funding for this Contract is contingent on the availability of funds and continued authorization for program activities and the Contract is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 115. utual Obli • ations T document, change order, field directive, and written clarifications issued under the Con ct,_and the Contractor's submittals, shall constitute the Contract Documents between the partie ith respect hereto and supersedes all previous communications and representations or agreem s, whether written or oral, with respect to the subject matter hereto unless acknowle• d in writing by their duly authorized representatives. Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any third party that is n. parent or subsidiary of a party or otherwise related (by virtue of ownership control or statuto ontrol) to a party. In those situations ere the Contract Documents imposes an indemnity obligation on the Contractor, the City, at its expense, elect to participate in the defense of the claim if the City should so choose. urthermore, the City may, at its own expense, defend or settle any such claim if the Contract fails to diligently defend such claim, and thereafter seek indemnity for such cost from the Contr or. 116. Contract Extension The City reserves the right to ex ise its option to extend the Contract for up to ninety (90) calendar days beyond the original ontract period. In such event, the City will notify the Contractors in writing of such extensio 117. Non -Exclusivity It is the intent of the City to enter into a Co -ct with all successful Bidders that will satisfy its needs as described herein. However, the City serves the right, as deemed in its best interest, to perform, or cause to be performed, the Wo and services, or any portion thereof, herein described in any manner it sees fit, including but limited to: award of other contracts, use of any contractor, or perform the Work with its own em. ees. 118. Nature of the Agreement The Contractor shall provide the services set forth in the , intact Documents. The Contractor shall provide full and prompt cooperation with the City all aspects of the Work to be performed. The Contractor acknowledges that the Contract Documents r ire the performance of all things necessary for or incidental to the effective management an• -rformance of a Project(s). All things not expressly mentioned in the Contract Documents, but nssary to carrying out its intent are required by the Contract Documents, and the Contractor shperform the same as though they were specifically mentioned, described and delineated. The Contractor shall furnish all labor, materials, tools, supplies and other it- s required for the completion of the Contract. All Work shall be accomplished at the direct . of and to the satisfaction of the Project Manager. 119. Contract Documents Contain all Terms The Contract Documents and all documents incorporated herein by reference contall the terms and conditions agreed upon by the parties hereto, and no other agreement, al or 69 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED otherwise, regarding the subject matter of the Contract Documents shall be deemed to exist or to bind any of the parties hereto, or to vary any of the terms contained herein. Survival The parties acknowledge that any of the obligations in the Contract Documents will survive the rm, termination -and cancellation hereof. Accordingly, the respective obligations of the tractor and the City under the Contract, which by nature would continue beyond the ter ation, cancellation or expiration thereof, shall survive termination, cancellation or extol , °on thereof. 121. DiscIo a of State Fundin• if alicable. If State funare being used by the City to pay for this work, The City document whether payment will • me from funds appropriated by the state and, if known, the amount of such funds or the p_ entage of such funds as compared to the anticipated total cost of the personal property or cons tion services. 70 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Section 3 - Supplemental Terms and Conditions 1. Contract Time & Hours e Contractor shall furnish all labor, materials, equipment, tools, services, and incidentals to - co .lete .all Work at a rate of progress that will ensure completion of the Work within the Con ct Time. Contra. , shall have One Hundred (100) calendar days to achieve Substantial Completion from the date -t the Notice to Proceed is issued. However, in the event that one or more of the five (5) co • onent projects is eliminated from the Project's scope, the time to achieve Substantial 'mpletion will be further adjusted. Contractor shall have an additional Thirty (30) calendar •. for Final Completion of the Contract. Work shall be pe med Monday through Friday from 8:00 am to 6:oopm. Any Work to be performed outside o ese times must be requested in writing to the Project Manager 48 hours prior to the requested •ange. The Project Manager will notify the Contractor in writing of any changes in approved W. hours. 2. Progress Payments Contractor may make appli on for payment for Work completed during the Project(s) at intervals of not more than once month or upon completion and Final Acceptance of the Work. Bidders will be paid based on 'e line item breakdown, contained in the Bid Form, with payments based on actual Work p armed. All applications shall be submitted in triplicate and the Contractor shall only use the Cit Contractor Payment Application Form. Where the time frame for completion of the Work is les an or equal to one month or a Schedule of Values is not required, the Contractor shall sub the appropriate documentation as defined below. Supporting evidence to be included with . application for payment shall include, but is not limited to, an updated progress schedule as quired by Article 5 of the Supplemental Terms and Conditions and a partial or final release o ns or consent of Surety relative to the Work, which is the subject of the application for paym and any other information required by the Project Manager or Consultant. Each application r payment shall be submitted in triplicate for approval. City shall make payment to Contract. within thirty (30) days after approval of Contractor's application for payment. Ten percent (10%) of all monies earned by Contractor all be retained by City until Final Acceptance by the City. Any interest earned on retainage s I accrue to the benefit of City. All requests for retainage reduction shall be in writing in a separa':-tand alone document. City may withhold, in whole or in part, payment to such extent a ay be necessary to protect itself from loss on account of: ■ Defective Work not remedied. • Claims filed or reasonable evidence indicating probable fi • of claims by other parties against Contractor or City because of Contractor's perfo lance. ■ Failure of Contractor to make payments properly to Subcontract. or for material or labor. • Damage to another contractor not remedied. • Liquidated damages and costs incurred by City and/or Consultant •r extended construction administration. • Failure of Contractor to provide any and all documents required by th ontract Documents. 71 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED In instances where multiple Projects are awarded the Contractor shall submit separate applications for Payment for each Project. When the above grounds are removed or resolved satisfactory to the Project Manager, payment shall be made in whole or in part. he City will pay, and the Contractor shall accept as full compensation for the Work, the sums ified in the Contractor's submittal to the Contract Documents, as accepted by the City. Co .ctor may be paid for materials or equipment purchased and stored at the Project(s) Site( er another location. Where a payment request is made for materials or equipment not incorpo ed in the Project(s), but delivered and suitably stored at the site or at some other location - eed upon in writing, the written documentation must be submitted at the time of request for-yment. Payment shall be conditioned upon submission by the Contractor of paid invoices and executed Material Purchased/Stored On -Premises form to establish the City's title to such ma ials or equipment, or otherwise protect the City's interest, including applicable insurance in the e of City and transportation to the site. Contractor retains damage or loss for an -ason. 3. Liquidated Damages The Contractor is obligated Contract Documents or any liquidated damages as follows. forth in the Contract Documents f for each and every calendar day of Forty -Eight dollars ($1,148) per Galen as liquidated damages. In the event of the Contract Documents for Final Comple every calendar day of unexcused delay, dollars ($574) per calendar day, which is here damages. The Contractor will be notified of an amount of liquidated damages shall not exceed th The City shall have the right to deduct liquidated da or which may thereafter become due to the Contracto with the City. In case the amount, which may become amount of liquidated damages due the City, the Contr demand by the City. Should the Contractor fail to comp damages, the City shall consider this as a form of indebtednes under the Contract or any other City contract until such indebtedn liability to replace such stored materials or equipment as a result of d guarantees to complete the Project in the time -set forth in the roved extension of time the Contractor shall pay to the City he event of a delay in completion beyond the timeframe set ubstantial Completion the Contractor shall pay to the City excused delay, the sum of One Thousand One Hundred day, which is hereby agreed upon not as a penalty but elay in completion beyond the timeframe set forth in n the Contractor shall pay to the City for each and additional sum of Five Hundred Seventy -Four agreed upon not as a penalty but as liquidated proved exceptions or extensions. The total alue of the applicable Contract Documents. es assessments from any payment due nder any contract the Contractor has e hereunder, shall be less than the r shall pay the difference upon ate the City for any liquidated nd may deny any future Work s is paid in full to the City. The City shall notify the Contractor that it is incurring liquidated dam- -s. 4. Schedule of Values The Contractor must submit three copies of a Schedule of Values, whi must be submitted within ten (10) calendar days of the issuance of the Notice to Proceed. The hedule of Values shall indicate a complete breakdown of labor and material of all categorie •f Work on the Project. Contractor's overhead and profit should be as separate line items. Ea ine item shall be identified with the number and title of the major specification section or major ponents of the items. The Project Manager or Consultant may require further breakdown a review of the Contractor's submittal The City reserves the right to require such information om the Contractor as may be necessary to determine the accuracy of the Schedule of Valu- The 72 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED combined total value for mobilization under the Schedules of Values shall not exceed 5% of the value of the Contract. The approved schedule of values shall be updated through the submittal of the City's Contractor Payment Application Form. ro'ect Schedules C• rector shall submit a proposed Project schedule as follows: Schedule identifying all tasks within the critical path. The proposed Project schedule shall be submitted within ten (10) calendar days of the Notice of Award and such ubmittal shall be subject to the Project Manager and Consultant's review. bsequent to such review of said schedule the Contractor shall establish said s dule as the baseline schedule. ■ All sates of schedules shall be tracked against the baseline schedule and shall be at a mum submitted with each pay application. An updated schedule against the baselin- hall also be submitted upon execution of each change order that impacts the Contr- Documents Time for completion. Failure to submit such schedules shall result in the '°ection of any submitted payment application. All Project Sc . ules shall be prepared in Microsoft Project 2003 or in a more recent version unless herwise approved by the Project Manager. At the time of submission of sch «ules Contractor shall submit a hard copy as well as an electronic version. Such elec is version shall not be submitted in a pdf format and shall be capable of being inco , 'rated in to the City's baseline schedules. ■ Subsequent to review ,f the initial schedule submission the Contractor shall establish the reviewed s dule as the "baseline schedule". Contractor shall then prepare and submit all up.. -s to the schedules utilizing the tracking mode within Microsoft Project. 6. Release of Liens/Subcontractor's Sta ent of Satisfaction The Contractor warrants and guarantees that ti to all Work, materials and equipment covered by an application for payment, whether incorporat in the Project(s) or not, will pass to the City upon the receipt of such payment by the Contracto ree and clear of all liens, claims, security interests or encumbrances and that no Work, materia •r equipment will have been acquired by the Contractor or by any other person performing Wor' It the site or furnishing materials and equipment for the Project(s), subject to an agreement •er which an interest therein or an encumbrance thereon is retained by the seller or otherwise , posed by the Contractor or such other person. The Contractor shall, beginning with the second request for pa nt, attach a Partial Release of Lien/Subcontractor's Statement of Satisfaction for each applic 'n for payment. Failure to submit such documentation may delay payments. The City may, in sole discretion withhold payments for Work performed by Subcontractor where no release of has been submitted. The Contractor shall submit with the final payment request, for y Project(s) where subcontractors have performed Work, a Final Release of Lien/Subcont . tor's Statement of Satisfaction for each Subcontractor marked as a final. Failure to submit sdocumentation will result in delay in payment or the City withholding from the final payme such funds as necessary to satisfy any Subcontractor claims. Where the Contractor has submitted a Performance/Payment Bond the Contracto •ay, in lieu of the Release of Lien/Subcontractor's Statement of Satisfaction, submit Consent o urety to Requisition Payment. 73 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Contractor must use City Release of Lien, Affidavit and Consent of Surety forms or the Application for Payment will be rejected. Proqress Meetings The City shall conduct a pre -construction conference prior to the commencement of the Work. ontractor shall hold progress and coordination meetings as required by the Project Manager or ineer, to provide for the timely completion of the Work. Co ctor shall arrange and conduct regular bi-weekly job site Project status meetings with the Proje. Manager and/or Consultant. Contractor shall use the job site meetings as a tool for the pre-pla 'ng of Work and enforcing schedules, and for establishing procedures, responsibilities, and iden cation of authority for all parties to clearly understand. During these meetings, Contractor ' all identify the party or parties responsible for following up on any problems, delay items or que '•ns, and Contractor shall note the action to be taken by such party or parties. Contractor sh- revisit each pending item at each subsequent meeting until resolution is achieved. Contra. •r shall attempt to obtain from all present any potential problems or delaying event known to th for appropriate attention and resolution. Contractor shall be responsible for keeping minutes . e meeting and distribution of the minutes to all parties in attendance. The Contractor shall arr. •e for the participation of its subcontractors and/or vendors when the Project Manager requires it presence. The Contractor shall maintai ' inutes of the meeting and distribute copies of the minutes to all parties in attendance. The Co actor shall prepare and distribute to Project Manager and the Consultant an updated two -week •k-ahead schedule of construction activities and submittals. 8. Request for Information The Contractor shall submit a Reques ' r Information (RFI) where the Contractor believes that the Contract Document's specifications o •rawings are unclear or conflict. All requests must be submitted in a manner that clearly identi the drawing and/or specification section where clarification or interpretation is being reques . As part of the RFI, Contractor shall include its recommendation for resolution. The Consulta and City's Project Manager shall respond in writing. 9. Project Site Facilities The Contractor shall arrange for all Project(s) site faci '-s as maybe necessary to enable the Project Manager or Consultant to perform their respe e duties and to accommodate any representatives of the City which the City may choose to ha present at the Project(s). Contractor's, Sub -Contractor's, supplier's, material persons rsonnel shall not use the City restrooms that may be available at the Project(s) site without t •rior consent of the manager of the facility or the Project Manager where there is no manage a facility. The Contractor shall provide and maintain at his own expense, in a sanitary cond . 'n, such accommodations for the use of his employees as is necessary to comply with the requi ents including Chapter 46 of the Building Code and regulations of the State of Florida Des ment of Health and Rehabilitative Services or Dade County Health Department. The Contra. 'r, his employees or his Sub -Contractors shall commit no public nuisance or use any facilities _t have not been specifically provided for use by the Contractor. The Contractor shall furnish an adequate supply of drinking water for its -nd its Sub - Contractors' employees. There shall be adequate provisions made by the Contractor to ensure all disposable 'aterials are properly disposed of and do not create a nuisance to the City or the public. The lo• 'on of the temporary facilities shall be subject to the approval of the Project Manager or Consulta 74 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and sanitary services to the site for new construction or additions to a facility. The Project Manager may authorize the use of existing utilities. Such decision will be made at the sole discretion of the Project Manager and the City. The Contractor shall be required to obtain all necessary permits required for any Project(s) site cilities. Contractor shall also be responsible to maintain such facilities in a safe and working dition. All h facilities remain the property of the Contractor and the Contractor shall be responsible for re «val and disposal of such facilities prior to Final Acceptance. 10. Ins of Work Contractor 'all notify the Project Manager and Consultant at least 48 hours prior to commencing irk on the following: •:. Storrn Dr Subgrade — Limerock Bas any asphalt 11 s Security bmit and have approved desities prior to placement of rock submit and have approved desities and as-builts prior to placement of The site where the Work is t• ,e performed may not be a secure site and the public may have access to the site, The Cont . tor shall have sole responsibility for the security of all Work materials, tools, equipment and irk at the Project(s) site. The City shall not be liable for any damage or loss to such material ools, equipment and Work and the Contractor shall be responsible for the repair or replacem t of all Work such materials, tools, and equipment. 12. Construction Signage Where required by the Contract Documents 'e Contractor shall provide construction signage. The City shall provide the Contractor the words and layout for the signs at the pre -construction conference. The Contractor shall furnish the two ty signs at the Project(s) Site(s) as follows: ■ The first sign must be manufactured by Im- - 2000, 45 East 9t Court, Hialeah, Florida (305) 884-2240 or approved equal. The sig all be 4 feet wide and 8 feet high and constructed of pressure sensitive 2 mil cast I overmounted with 3 mil mylar and mounted to 1 MDO with painted back. The sig hall be mounted on 4 inch square wood or perforated "U" channel metal posts painte• ite, and be readable at eye level. The colors to be used on the sign are as follows: t background shall be white with blue lettering; the seal shall be white and gold with blue ering form. • The second sign shall reflect other funding sources for t Project and shall reflect the Project information. The sign shall be 4 feet wide by 8 et high by 3/ inch (thick) exterior plywood, suitably mounted and readable at eye leve The colors shall be blue and white. The background shall be white and all lettering sh. •e blue Helvetica. All paint shall be rated outdoor enamel. The City will provide the City al in decal form. • The Contractor shall also post appropriate construction site warnin signs at the Work Site. Such signs shall be posted to warn pedestrian and vehicle tra . Signage shall also be placed waterside to alert boater to the construction zone, req► 'ng idle speed and a minimum clearance distance. Contractor shall provide drawings f• he signage, which shall be subject to approval by the Consultant. • The Project Manager and the City shall approve the locations for all signage. 13. Construction Photographs 75 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Contractor shall submit with each application for payment photographs that accurately reflect the progress of the work. Contractor shall submit once copy of each photograph in print and digitally. The photographs shall be printed on 8"X10" high resolution glossy single weight color print paper. Each photograph will also reflect the date and time the picture was taken. Aerial photographs will be taken on a bi-monthly basis. 14. 'ty Furnished Property Co actor shall preserve all street signs, parking meters, benches, traffic control signs, etc, whe irected to by the Project Manager or Consultant and shall reinstall or provide to the City as dire, d. 15 Geotech I Testing — Intentionally Omitted 16 Field Layout • the Work and Record Drawings for Drainage Projects The Contractor thro. 'h the services of a State of Florida Registered Professional Surveyor and Mapper (P.S.M.), sh establish the line and benchmarks and other reference points for the installation of the pipeli •r structure For pipelines, this will con t of establishing all points of bend (but not necessarily bevel pipe unless in close proximity to . er facilities), valves, tees, crosses and other stations not more than 100 feet apart along the • •.osed centerline of the pipe, or along a stationed offset line as shown on the Plans, marked b nail in a metal cap if in pavement, with the station painted nearby or by a nail in the top of . ooden stake driven flush with the ground with the station marked on a flag stake nearby, if not •avement. For structures, this will consist of ba- lines, stakes at corners, centers and center lines, auxiliary lines and a bench mark from whito establish the elevations. The Contractor shall make his equipment a en available to the Inspector for spot-checking the accuracy of the Work. The Project Manr or Consultant shall require the Work to be brought within the tolerances specified elsewher efore backfill is placed or the construction is otherwise hidden. The entire responsibility for establishing and mainta g line and grade in the field lies with Contractor. Contractor shall maintain an accurate a precise record of the location and elevation of all pipe lines, conduits, structures, mainte ce access structures, handholes, fittings and other Work and shall prepare record or "as-bu ' drawings of the same which are signed and sealed by a State of Florida Registered Professio Surveyor and Mapper (P.S.M.). Contractor shall deliver these records in good order to Projec anager or Consultant as the Work is completed. The Contractor shall supply the Consultant h a copy of the Registered Land Surveyor's layout of the Work immediately upon its availability his own forces. The cost of all such field layout and recording work is included in the prices bi• •r the appropriate items. All record drawings shall be made on reproducible paper and shall delivered to Project Manager or Consultant prior to, and as a condition of, final payment. During the entire construction operation, the Contractor shall retain the se es of a State of Florida Registered Professional Surveyor and Mapper (P.S.M.) who shall m. ,tain records of the installation, including all deviations from the plans and specifications by obt. , ing "As -built" dimensions and elevations. The surveyor shall prepare record as -built dra :s showing correctly and accurately all changes and deviations made during constructio including approved construction variances to reflect the Work as it was actually constructed. s-Built" drawings shall be submitted to the City on a monthly basis. 76 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Recording of Project Record ■ Record all information for pipeline projects and on -site projects concurrently with construction progress. ■ Do not conceal any work until as -built information is recorded by the Contractor and the City. All locations for future connections or tie-ins shall be left unburied and uncovered until the City's surveying forces obtain and record the as -built information. This is in addition to the Contractor's recorded information. estrained pipe, end line valves, thrust blocks need to be left uncovered for the last plete length. Inline valves and tees shall be left exposed for 1 length on both sides pl the face end. Record the elevation, deviation from horizontal and vertical alignment and - inclination for these items. • Mainta records of all pipeline Project and on -site Project deviations from Drawings and Specific. •ns by a Florida Registered Professional Surveyor and Mapper (P.S.M.). • For Pipe tallation In All Pipeline Projects and On -site Projects: During entire construction , 'eration retain the services of a State of Florida Registered Land Surveyor (FRLS) who =11 maintain records of the installation, including all deviations from Drawings and S• ifications. = • (FRLS) shall reco as -built dimensions and elevations every twenty-five feet (25') or portion thereof along .eline and at every abrupt change in direction of the new line; • (FRLS) shall record I. -tions and elevations for each valve, fitting, service line, fire hydrant, water sampli point, and also for above ground piping and other appurtenances along the . •eline. Specific locations and elevation of equipment, the buildings and miscellaneous s installed inside them shall be recorded as applicable. • Contractor's FRLS shall pre e as -built record drawings showing correctly and accurately the installation, e cing all changes and deviations made during construction, including all approve • onstruction variances, to reflect the work as it was constructed. • Record Drawings shall be prepared • 4-mil mylar as specified hereinafter. Record Drawings and three (3) blue line copies s III be signed and sealed by the Surveyor and shall be submitted to the City for the Projec anager's or Consultant's review within ten (10) calendar days following the completion .te of successful pressure testing of all mains and appurtenances under the Contract r. uments • If the Consultant determines that the Drawings a . of acceptable, they will be returned to the Contractor with a cover letter noting the . -ficiencies and/or reasons for the disapproval. Contractor shall have ten (10) calendar • s to correct all exceptions taken by the Project Manager or Consultant and resubmit -built record drawings to the Consultant for final acceptance. Prior to, and as a condition precedent to Final Payment, Con tor shall submit to City, Contractor's record drawings or as -built drawings acceptable to Proje anager or Consultant. 17. Survey Work for Drainage Projects The Contractor shall retain or employ a FRLS to lay out all storm sewe onstruction and provide final measurements. At the Project pre -construction meeting, to be attended by the Contractor . FRLS, the Contractor will be provided a packet of information, from the City, showing the at to be utilized. The Contractor is advised that the survey work, including requ 'd final measurements, shall be according to City Standards and are an integral part 'f the 77 Beacom Project Area Improvements — Phase 11 ITB No.: 12-13-051 SUBSTITUTED Project. The Project shall not be considered complete until the final measurements are approved by the City. 78 Beacom Project Area improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED BID FORM (Page 1 of 11) City of Mi- •i, Florida Office of th ity Clerk City Hall, 1st • r 3500 Pan Amer -n Drive Miami, Florida 33 -5504 The undersigned,- as are named herein and th Contract to be entered int parties making a Bid; and fraud. SECTION 4 BID FORM Submitted: Date er, hereby declares that the only persons interested in this Bid as principal o person other than herein mentioned has any interest in this bid or in the hat this Bid is made without connection with any other person, firm, or th it is, in all respects, made fairly and in good faith without collusion or The Bidder: further declares that i' -s examined the site of the Work and informed itself fully of all conditions pertaining to the place w e the Work is to be done; that it has examined the Contract Documents and all addenda thereto fu hed before the opening of the bids, as acknowledged below; and that it has satisfied itself about the to be performed; and that it has submitted the required Bid Guaranty; and all other required informatio ith the Bid; and that this Bid is submitted voluntarily and willingly. The Bidder agrees, if this Bid is accepted, to con t with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of t Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, -ns of transportation, and all labor necessary to construct and complete within the time limits specified ' Work covered by the Contract Documents for the Project(s) entitled: Bid No: 12-13-051 Title: BEACOM PROJECT AREA IMP • VEMENTS — PHASE II — D3 The Bidder also agrees to furnish the required Performance Bon form of security, if permitted by the City, each for not less than the tot and to furnish the required Certificate(s) of Insurance. nd Payment Bond or alternative id price plus alternates, if any, The undersigned further agrees that the Bid guaranty accompanying the B fails to execute said Contract, or fails to furnish the required Performance B fails to furnish the required Certificate(s) of Insurance within fifteen (15) ca notified of the award of the Contract. hall be forfeited if Bidder and Payment Bond or dar days after being In the event of arithmetical errors, the Bidder agrees that these errors are erro which may be corrected by the City. In the event of a discrepancy between the price Bid in figures - • the price Bid in words, the price in words shall govern. Bidder agrees that any unit price listed in t Bid is to be multiplied by the stated quantity requirements in order to arrive at the total. 79 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED BID FORM (Page 2 of 11) Bidders are bidding on estimated quantities for the purpose of determining the lowest responsive an. -sponsible bidder. Payments will be made based on unit prices of actual quantities installed. Wher - discrepancy exists between the unit price and the extended price the unit price will prevail. Where -re is a discrepancy between the numerical and written Bid Amount, the written Bid Amount will preva City Form SU must be submitted with your bid. The SU Form can be found posted on the Webpa► with the bid documents. Our Bid Amoun cludes the total cost for the Work specified in this solicitation, consisting of furnishing all materials, lab• equipment, supervision, mobilization, overhead & profit required in accordance with the Bid Specificatio BASE BID - TOTAL • SE BID AMOUNT: ALTERNATE A - TOTAL ALTERNATE A BID OUNT: $ ALTERNATE B - TOTAL ALTERNATE B BID AMOU $ ALTERNATE C - TOTAL ALTERNATE C BID AMOUNT: $ ALTERNATE D - TOTAL ALTERNATE D BID AMOUNT: COMBINED TOTAL f T: $ (COMBINED Base Bid # Alt A # Alt B # Alt C t Alt D) Written Combined Total Bid Amount 80 Beacom Project Area Improvements - Phase II ITB No.: 12-13-051 SUBSTITUTED 1 2 3 4 5 6 BID FORM (Page 3 of 11) spreadsheet with Unit Prices is required to be submitted within the Bid Submittal Forms. Bids s must download the version of MS Excel Bid Form that is available for download at: http:// miamigov.com/Capitallmprovements/pages/ProcurementOpportunitieslDefault.asp. Failure to s it the Spreadsheet may result in the Bid being determined to be non -responsive. MS Excel she shall round all bid price to the second decimal. The Bid Forms co prices for ail Work responsive. in five (5) separate component projects and the Bidder must provide unit be performed for each of the five (5) component projects to be deemed BEACOM PROJECT AR IMPROVEMENTS - PHASE 11 - D3 - PROJECT NO. B-40325 em 1 2 3 4 5 6 7 8 9 10 7 8 9 10 uaiti nil 81 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED BID FORM (Page 4 of 11) rt Iva DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS III A ' IV (If applicable) Part isted below are the dates of issue for each Addendum received in connection with this Bid: Addendum No. 1, Dated Addendum ,No. 2, Dated dendum No. 3, Dated Ad dum No. 4, Dated Part I1: -ddendum was received in connection with this Bid. Part 1,11; Certifications The Bidder, by virtue of signin • e Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated requir -nts. 1. Community Small Business Ent rise ("CSBE") Requirements Bidder certifies that it has read a understood the provisions of City of Miami Ordinance 13331, codified as Section 18-89 of the City •de, pertaining to the implementation of a "Community Small Business Enterprise" requirement. uation of bidder's responsiveness to Ordinance Section 13331 shall be a consideration in the aw of a contract. 2. Non -Collusion Bidder certifies that the only persons intereste. 'n this Bid are named herein; that no other person has any interest in this Bid or in the Contract to 'ch this Bid pertains; that this Bid is made without connection or arrangement with any other person. Bidder certifies that the selected independent third -party verifier will verify and certify compliance d- - and reports honestly and accurately; and 3. Drug Free Workplace The undersigned Bidder hereby certifies that it will provide . • rug -free workplace program by: (1) Publishing a statement notifying its employees that th dispensing, possession, or use of a controlled substance is and specifying the actions that will be taken against employee unlawful manufacture, distribution, hibited in the Bidder's workplace, or violations of such prohibition; (2) Establishing a continuing drug -free awareness program to inform employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug -free workplace; (iii) Any available drug counseling, rehabilitation, and employee assi ce programs; and (iv) The penalties that may be imposed upon employees for drug abus- olations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the stat- 'ent required by subparagraph (1); 82 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED BID FORM (Page 5 of 11) (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and Notify the employer in writing of the employee's conviction under a criminal drug statute or a violation occurring in the workplace no later than five (5) calendar days after such viction; (5) Notifying th ity in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, •m an employee or otherwise receiving actual notice of such conviction. The .tice shall include the position title of the employee; (6) Within thirty (30) c- dar days after receiving notice under subparagraph (4) of a conviction, taking one of the fol ing actions with respect to an employee who is convicted of a drug abuse violation occurrin, ' the workplace: (7) (i) Taking appropriate -rsonnel action against such employee, up to and including termination; or (ii) Requiring such employe: o participate satisfactorily in a drug abuse assistance or rehabilitation program app ed for such purposes by a federal, state, or local health, law enforcement, or other a. opriate agency; and Making a good faith effort t• maintain a drug -free workplace program through implementation of subparagraphs(1) ough (6); and 4. Lobbying The undersigned certifies to the best of his or her wledge and belief, that: (1) No Federal appropriated funds have been pa , or will be paid, by or on behalf of the undersigned, to any person for influencing or atte 'ng to influence an officer or employee of any agency, a Member of Congress, an officer or e oyee of Congress, or an employee of a Member of Congress in connection with the awarding o y Federal contract, the making of any Federal grant, the making of any Federal loan, the enter' into of any cooperative agreement, and the extension, continuation, renewal, amendment, or dification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been p. to any person for influencing or attempting to influence an officer or employee of any agency, - Member of Congress, an officer or employee of Congress, or an employee of a Member of egress in connection with this Federal contract, grant, loan, or cooperative agreement, the un signed shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, accordance with its instructions. (3) This undersigned shall require that the language of this certification be inc ► ed in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -gran and contracts under grants, loans, and cooperative agreements) and that all sub -recipients s I certify and disclose accordingly. 83 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED BID FORM (Page 6 of 11) This certification is a material representation of fact upon which reliance was placed when this ansaction was made or entered into. Submission of this certification is a pre -requisite for making - entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fa to file the required certification shall be subject to a civil penalty of not less than $10,000 and not •re than $100,000 for each such failure; and * Note: In t e instances, "All" in the Final Rule is expected to be clarified to show that it applies to cove , , contract/grant transactions over $100,000 (per QMB). 5. Debarment Su -nsion and Other Res•onsibilit Matters The Bidder ce -s to the best of its knowledge and belief, that it and its principals: (a) Are not prese debarred, suspended, proposed for debarment, and declared ineligible or voluntarily exclu► d from covered transactions by any Federal department or agency. (b) Have not within a t e-year period preceding this proposal been convicted of or had a civil judgment rendered a ''nst them for commission of fraud or a criminal offense in connection with :obtaining, attem• ig to obtain, or performing a public (Federal, State, or local) transaction or contract •er a public transaction; violation of Federal or State antitrust • statutes or falsification or struction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for • otherwise criminally or civilly charged by a government entity (Federal, State, or local) commission of any of the offenses enumerated in paragraph 5(b) of this certification; a (d) Have not within a three-year period • ceding this application/proposal had one or more public transactions (Federal, State, or locterminated for cause or default. (e) In addition, factors to be considered in dete ,fining responsibility of prospective contractual parties shall include but not be limited to: (f) (1) Bidder does have available the appropriate fin personnel resources and expertise, or the ability to requirements; ial, material, equipment, facility, and ain them, to meet all contractual (2) Bidder does have a satisfactory record of performance, (3) Bidder does have a satisfactory record of integrity; (4) Bidder does possess qualified legal standing to contract with t city; (5) Bidder will be in compliance in supplying all requested information nnected with the inquiry concerning responsibility; Bidder has not had a termination, suspension, or cancellation of a City cont . t, in whole or in part, for cause, due to a default by the bidder or offeror, within the past five years, which has not been reversed on appeal by a court of competent jurisdiction; or (g) Bidder has not withheld a payment or nonpayment of moneys due the City from the . '•der or Offeror, within the past five (5) years, unless the full amount of such moneys due th ity 84 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED BID FORM (Page 7 of 11) have been deposited with a court of competent jurisdiction in Miami -Dade County, Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court", as amended, or other applicable Federal, State or Local Rules of Court, and are subject to distribution to the city or withdrawal by the city by order of the court. he Biddershall provide any information requested by the chief procurement officer or chasing agent concerning responsibility. If such contractual party fails to provide the re. -sted information, the determination of responsibility may be made upon available infor tion or the prospective contractual party may be found nonresponsible. The prospe. 've contractual party may demonstrate the availability of necessary financial, equipme facility, and personnel related resources by submitting: (1) The bid• _ will, upon request, furbish evidence that the contractual party possesses such necessa esources; (2) Bidder affirms (3) Bidder will; upon r with, satisfactory source acceptable plans to subcontract for such necessary resources; or est, submit a documented commitment for, or explicit arrangement provide such necessary resources. Where the prospective Bidder is unable • certify to any of the statements in this certification, such Bidder shall submit an explanation to the C of Miami in writing. 6. Local Workforce Participation Require is The Bidder certifies to the best of its kno .ge and belief, that it and its principals: (a) have read and understood the provis s of City of Miami Ordinance 13332, codified as Section 18-89 of the City Code pe ing to the local workforce participation requirements on a quarterly basis; (b) have identified in City Form Subcontractor ation ("SU") a third party independent who verifies and is properly licensed un. , the provisions of F.S. 454,471,473, or 481 and who is not with the contractor; d (c) the selected third party, who independently verifies mpliance with this section, must have a minimum of 2 years experience as req d in Ordinance No. 13332, codified as Section 18-89 of the City Code; Part IV; Certification — Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is awa of Section 553.60, et. seq., Florida Statutes, the Trench Safety Act, and will comply with all ap, 'cable trench safety standards. Such assurance shall be legally binding on all persons employe. the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of complie with the applicable trench safety standards. Bidder acknowledges that included in the various items of the proposal and in the total Bid . e are costs for complying with the Florida Trench Safety Act. These items are a breakout of the respe e 85 Beacom Project Area Improvements — Phase 11 ITB No.: 12-13-051 SUBSTITUTED BID FORM (Page 8 of 11) ems involving trenching and will not be paid separately. They are not to be confused with bid items in schedule of prices, nor be considered additional Work. Th idder further identifies the costs and methods summarized below: Quantity Unit De- iption Unit Price Price Total Extended . Method Attached is a Bid Bond [ ], Cash [ Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], hier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ] No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this Bid and certifi to the above stated in Part III and IV by signing and completing the spaces provided below. Firm's Name: Signature: Printed Name/Title: City/State/Zip: Telephone No.: Facsimile No.: Social Security No. or Federal I.D.No.: E-Mail Address: Dun and Bradstreet No.: If a partnership, names and addresses of partners: (if applicable 86 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED BID FORM (Page 9 of 11) CERTIFICATE OF AUTHORITY (IF CORPORATION) HEREBY CERTIFY that at a meeting of the Board of Directors of a corporation organized and existing under the laws of the State of , held on the day of , a resolution was duly passed and adopted a •rizing (Name) as (Title) of the corporation to execute bi on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporati shall be the official act and deed of the corporation. I further certify that said resolution remairis in full fo • ' and effect. IN WITNES HEREOF, I have hereunto set my hand this , day of , 20 Secretary: Print: CE FICATE OF AUTHORITY PARTNERSHIP) I HEREBY CERTIFY that _ a meeting of the Board of Directors of a partnership organized and existing under the laws of the State of , held on the authorizing (Name) as behalf of the partnership and provides that his/her exec and deed of the partnership. day of , , a resolution was duly passed and adopted itle) of the to execute bids on n thereof, attested by a partner, shall be the official act I further certify that said partnership agreement remains in ful Partner: Print: ce and effect. IN WITNESS WHEREOF, I have hereunto set my hand th , day of , 20 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person ing this Bid is authorized to sign Bid documents on behalf of the joint venture. If there is no joint ve re agreement each member of the joint venture must sign the Bid and submit the appropriate Certifica of Authority (corporate, partnership, or individual). 87 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED BID FORM (Page 10 of 11) CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I H ' BY CERTIFY that, I (Name) , individually and doing business as •/a) (If Applicable) have executed and am bound by t erms of the Bid to which this attestation is attached. IN WITNEWHEREOF, I have hereunto set my hand this day of , 20 Signed: Print: 88 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED BID FORM (Page 11 of 11) NOTARIZATION STATE 0 SS: COUNTY OF The foregoing in ument was acknowledged before me this day of 20 by , who is personally known to me or who has produced - as identification and who (did / did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC 89 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Section 5- Attachments BOND FORM (Page 1 of 3) Sta , •f Florida Coun •f Dade City of : mi bound unto The City Miami, in the penal sum of Dollars ($ ) lawful )SS: KNO ALL PERSONS BY THESE PRESENTS, that as Principal, _ as - Surety, are held and firmly money of the United es, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, execu , administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS 0a. ATION IS SUCH, that whereas the Principal has submitted the accompanying Bid, dated , 20_, for: BEACOM PROJECT AREA IMPROVEMENT PHASE II — D3 - PROJECT NO. B-40325 NOW THEREFORE: (a) If the principal shall not withdraw said Bid wit one hundred twenty (120) days after date of opening the same, and shall within ten (10) da -fter the prescribed forms are presented to him for signature, enter into a written contract w . the City, in accordance with the bid as accepted, and give bond with good and sufficient Sur or Sureties, as may be required, for the faithful performance and proper fulfillment of such contr_ ; or, (b) In the event if the withdrawal of said Bid within the perio• •ecified, or the failure to enter into such contract and give such bond within the time specified, e principal shall pay the City the difference between the amount specified in said Bid and th- mount for which the City may procure the required Work and supplies, if the latter amount be i -xcess of the former, then the above obligation shall be void and of no effect, otherwise to remai full force and virtue. 90 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED BID BOND FORM (Page 2 of 3) WITNESS WHEREOF, the above bound parties have executed this instrument under thei -veral seals, this day of the nam. .nd corporate seal of each party being hereto affixed and these presents duly signed by it- ndersigned representative, pursuant to authority of its governing body. WITNESS: (If - Ownership, Partnership, or Jo Venture, two (2) Witnesses a required. If Corporation, Secret only will attest and affix 'al.) PRINCIPAL: (Name of Firm) Affix Seal (Signature of authorized officer) (Title) (Business Address) City State Zip Surety: (Corporate Surety) Affix Seal Surety Secretary (Signature o uthorized Officer) City (Title (Business Addre State Zip 91 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL , certify that I am the Secretary of the Corpo ion named as Principal in the within bond; that of said co . 'ration; that I know his signature, and the signature hereto is genuine; and that said bond was duly sign sealed and attested for and in behalf of said corporation by authority of its governing body. STATE OF FLORI COUNTY OF DADE CITY OF MIAMI )SS (Corporate Seal) Before : me, a •tary Public duly commissioned, and qualified, personally appeared to me well known, who being by me first duly sworn upon oath,.' says that he/she is - attorney -in -fact, for the and that he/she has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in fav• •f The City of Miami, Florida. Subscribed and sworn to before this INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions to Bidders day of y Public, State of Florida at Large My Commission Expires: 92 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED SUPPLEMENT TO BID FORM: QUESTIONNAIRE Thi ompleted Form Must Be Submitted With The Bid, The City May, At Its Sole Discretion, Requ That The Bidder Submit Additional Information Not Included In The Submitted Form. Such I •rmation Must Be Submitted Within Seven (7) Calendar Days of The City's Request. Failure ubmit The Form Or Additional Information Upon Request By The City Shall Result In The:Rejec Of The Bid As Non -Responsive. Additional Pages May Be Used Following The Same Forma ' nd Numbering. By submitting its = ' the Bidder certifies the truth and accuracy of all information contained herein. A. Business In ation 1. How many year as your company been in business under its current name and ownership? a. Professional Lic. ses/Certifications (include name and number)* Issuance Date (*include active certifications of communi all business enterprise & name of certifying entity) b. Date company licensed by Dept. Professional Regulation: c. Qualified Business License: ❑ Yes No If Yes, Date Issued: d. What is your primary business? (This answer should be specific. For example; pavin• rainage, schools, interior renovations, etc.) e. Name of Qualifier, license number, and relatio ip to company: f. Names of previous Qualifiers during the past five (5 ars including, license numbers, relationship to company and years as qualifier for the c pany 2. Name and Licenses of any prior companies Name of Company License No. Issuance Date 3. Type of Company: Corporation ❑ "S" CorporationE LLCO Sole Proprietorship OOther: (Corporations will be required to provide a copy of their corporate resolution prior to executing a contr 93 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Company Ownership a. Identify all owners of the company. Name Title % of ownership . Is any owner ntified above an owner in another company? ❑ Yes ❑ No If yes, identify t name of the owner, other company names, and % ownership c. identify all individuals au ized to sign for the company, indicating the level of their authority (check applicable boxes and other provide specific levels of authority) Name Explanation for Other: Title Signatory Authority All Cost No -Cost Other El El El (Note: "All" refers to any type of document including but not limite. • contracts, amendment, change proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. 'st" refers to CPRs, COs. No -cost refers to RFIs, Notices, and other similar documents) 5, Employee Information Total No. of Employees: Number of Managerial/Admin. E oyees: Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) How many employees are working under H2B visas? 94 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Has any owner or employee of the company ever been convicted of a federal offense or moral turpitude: If yes, please explain: 7. surance & Bond Information surance Carrier name & address: b. Insuran. Contact Name, telephone, & e-mail: . Insurance Expe -nce Modification Rating (EMR): (if no EMR rating please explain why) d. Number of Insuranc= laims paid out in last 5 years & value: e. Bond Carrier: name & ss: f. Bond Carrier Contact Name, tel one, & e-mail: g. Number of Bond Claims paid out in last ears & value: 8. Have any claims lawsuits been file against yo where your company has either settle or an a company. Identify the year basis for the claim or j settlement is covered by a written confidentiality agr company in the past 5 years, If yes, identify all rse judgment has been issued against your ment & settlement unless the value of the ent. 9. To the best of your knowledge is your company or any office •f your company currently under investigation by any law enforcement agency or public entity. 1 -s, provide details: 10. Has your company been assessed liquidated damages or defaulted on a oject in the past five (5) years? Yes, ❑ No (IfDs, provide an attachment that provides - explanation of the project and an explanation. 11. Has your company been cited for any OSHA violations in the past five (5) years. If yes, please provide an attachment including all details on each citation, 12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater, wned by your company. 95 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Project Management & Subcontract Details Project Manager for this Project: a. Name: Years with Company: c enses/Certifications: d. La projects with the company including role, scope of work,& value of project: Subcontractors: Name ade % of Work License No. Certification* (*active certifications of community small busine enterprise & name of certifying entity) 3. Scope of actual construction work to be perfed by your company and the corresponding percentage of the work: (This does not include such items nsurance * bonds, dumpsters, trailers, and other similar non - construction work items) C. Current and Prior Experience: 1. Current Experience including projects currently under con uction, recently awarded, or pending award (Provide an attachment to this questionnaire that s all such projects, including the owner's name, title and value of project, scope of work, pr cted or actual start date, projected completion date, and number of company trades personne .signed to the project) 2. Prior Projects of a similar size, scope and : Provide an attachment to is Questionnaire that includes Completed Projects the Proposer considers of a similar, size, •pe and complexity that the City should consider in determining the Bidders responsiveness an.-sponsibility. This attachment must include the project that meets the minimum number of pr. is identified by the bid solicitation. Information provided must include the owner's name , addr- - and contract person, including telephone & e-mail, title of project, location of project, scope, in I value and final cost of the project, projected and final timeframes for completion in calendar • s and the number of company trades personnel, by classification, that were assigned to the pr. •ct. The delivery method, including, but not limited to; design -build, CM@Risk, Design-Bid-Buil• -tc. is to be identified for each Project. If there is a difference between the initial and final c t or 96 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED initial and actual timeframe provide details on why the differences exist. A reference letter is to be completed by the owner of the Project and submitted as part of the Bid submission. idder's References idders are to include a minimum of five (5) references from completed projects listed in C.2 ve. The attached form is to be used and is to be included with the Bid submission. The City, at sole discretion may allow the Bidder to submit the references after the specified date for Bid •mission. 97 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED SUPPLEMENT TO BID FORM USTOMER REFERENCE LISTING (Page 1 of 1) ders may furnish the names, addresses, and telephone numbers of firms or government o , nizations for which the- Contractor has provided services in addition to the minimum five (5) prod_ s of a similar size, scope, and complexity. 4) Company Name Address Contact Person/Contract Amount Telephone No.: /Fax No. pany Name Add Contact • rson/Contract Amount Telephone • IFax No. Company Nam Address Contact Person/Contra, Amount Telephone No.: IFax No. Company Name Address Contact Person/Contract Amount Telephone No.: /Fax No. 5) Company Name Address Contact Person/Contract Amount Telephone No.: /Fax No. 98 Beacom Project Area Improvements - Phase II ITB No.: 12-13-051 SUBSTITUTED Cite .of Etiam i To Who t May Concern Subject: R. -rence Letter Name of Bidd DANIEL J. ALFONSO, City Manager The above refer- ed contractor is submitting on a bid solicitation that has been issued by the City of Miami. We requi that the Bidder provide written references with their Bid submission and by providing you with th document the Contractor is requesting that you provide the following reference information. We woul.. •preciate you providing the information requested below as well as any other information your feel is p nent: Name of Project: Scope of work: Value of project: $ Date Completed: Percentage of physical construction self -performed by Contractor: Was project completed on time & within • •get: ❑ Yes ❑ No If no, was the contractor at fault or contribu ; o the delay(s) or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Thank you for your assistance in helping us in evaluating our bid solici . 'on. Name of individual completing this form: Date: Signature: Title: Telephone: E-mail Sincerely, Mark Spanioli, P.E., Director Capital Improvements Program 99 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED SUPPLEMENT TO BID FORM: FFICE LOCATION AFFIDAVIT (Page 1 of 3) PI- -e type or print clearly. This Affidavit must be completed in full, signed and notarized ONL F YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI AS D ED BY CITY CODE SECTION 18-73. Legal Name Firm: Entity Type: ( ck One) ❑ Partnership ❑ Sole Proprietorship ❑ Corporation Corporation Docum N Occupational License No: PRESENT Street Address: City: PREVIOUS Street Address: o ation State: City: State According to Section 18-73 of the City of Miami Co s en�of l eb� Date Established Date of Issuance to Btdde How long at this location: How long at this location: s amended: City of Miami "Local Office" means a business within the Cit hich meets all of the following criteria: 1) Has had a staffed and fixed office or distribution point, opera verifiable street address that is located within the corporate limi (12) months immediately preceding the date bids or proposals contract at issue; for purposes of this section, "staffed" shall employment at the local office for a minimum of forty (40) hours per c authorized employee, officer, principal or owner of the local business; sufficient to constitute a local office within the City; and 2) if the business is located in the permanent structure pursuant to a lease, ch lease must be in writing, for a term of no less than twelve (12) months been in effect for no les an the twelve (12) months immediately preceding the date bids or proposals were received, and be ailable for review and approval by the chief procurement officer or its designee; for recently execute • ases that have been in effect for any period less than the twelve (12) months immediately preceding e date bids or proposals were received, a prior fully executed lease within the corporate limits o e city that documents in writing continuous business residence within the corporate limits of the City a term of no less than twelve (12) months immediately preceding the date bids or proposals were rec ed shall be acceptable to satisfy the requirements of this section, and shall be available for review and - •royal within a permanent structure with a f the city for a minimum of twelve re received for the purchase or n verifiable, full-time, on -site dar week, whether as a duly ost office box shall not be 100 Beacom Project Area Improvements — Phase I! ITB No.: 12-13-051 SUBSTITUTED SUPPLEMENT TO BID FORM: FFICE LOCATION AFFIDAVIT (Page 2 of 3) by th hief procurement officer or its designee; further requiring that historical, cleared rent checks or other t payment documentation in writing that documents local office tenancy shall be available for review a approval by the chief procurement officer or its designee; and 3) Has had a minimum of twelve (12) months immediately preceding the date bids or proposals were received the purchase or contract at issue, a current Business Tax Receipt issued by both the City and Miami- ► •e County, if applicable; and 4) Has had, for a mum of twelve (12) months immediately preceding the date bids or proposals were ;received for _the 'urchase or contract at issue, any license or certificate of competency and certificate of use require, •y either the City or Miami -Dade County that authorizes the performance of said business operations; . d 5) Has certified in writing its pliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration u -r this section; provided, however, that the burden of proof to provide all supporting documentation in •port of this local office certification is borne by the business applicant submitting a bid or propos According to Section 18-85(a) of the s of Miami Code, as amended: "when a responsive, responsible non -local b 'er submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bi•► 'rs who maintain a local office, as defined in City Code Section 18-73, is within fifteen percent (15%) o e price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned •sponsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or er than the amount of the low bid previously submitted by the non -local bidder. Contract award sh. .e made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the c. - of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall b. ade to the local bidder." The intention of this section is to benefit local bona fide 'dders for promotion of economic development within the corporate limits of the City of Miami. I (we) certify, under penalty of perjury, that the office location of our fi has not been established with the sole purpose of obtaining the advantage granted bona fide local bid• s/Bidders by this section. Authorize Signature Print Name Authorized Sign- re Print Name (Corporate Seal) Title Title Authorized Signature Authorized Signature 101 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED SUPPLEMENT TO BID FORM: FFICE LOCATION AFFIDAVIT (Page 3 of 3) ( be signed by the corporate secretary of a Corporation or one general partner of a partnership or the p •rietor of a sole proprietorship or all partners of a joint venture.) NOTARIZATION STATE OF FLORIDA OUNTY OF DADE That: personally appeared before me and acknowledged the -going instrument as his/her act and deed. That he/she has produced as identification. •TARY PUBLIC: My mmission Expires: Please submit with your Bid Form copie f Occupational License, City of Miami and Miami Dade County Business Licenses, profess . al and/or trade License to verify local office preference. The City of Miami also reserves th ight to request a copy of the corporate charter, corporate income tax filing return and any other • cuments(s) to verify the location of the firm's office. 102 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED CERTIFICATED F. COMPLIANCE WITH SECTION: an CIE C.IT ODE hereby certify that: am the (President/Secretary or ipal) of (Respondent Firm); ii) I have -d Sections 18-87 and 18-89 of the City of Miami Procurement Code; iii) (Respon t Firm) hereby acknowledges that the awarded • ntract has an on -site labor component greater than or equal to twenty-five percent (25%), , id therefore agrees to assign a minimum of fifteen percent (15%) of the contract value to s currently certified by Miami -Dade County as a Community Small Business Enterprise (' .BE"); OR iv) (Respondent Firm) hereby is certified by Miami Dade County as a CSBE firm • will self -perform to meet the minimum fifteen percent (15%) CSBE requirement. An active cop •f the respondent's CSBE certification must be included bid document. v) (Respondent Firm) with the Local Workforce Participation R. uirements stated in Section 18-89 of the City of Miami Procurement Code. vi) OPTIONAL: vii) (Respondent Firm) assignments pursuant to Item iii), above, to certi • CSBE firms who maintain a "Local hereby agrees to comply Office", as defined in City Code Section 18-73; STATE OF FLORIDA SS COUNTY OF MIAMI-DADE hereby agrees to make Before me, a Notary Public duly commissioned, qualified and acting person. , appeared to me well known, who bei •y me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Certi -te of Compliance with Section 18-89 of the City of Miami Procurement Code on behalf of Respond Firm named therein in favor of the City. Subscribed and Sworn to before me this day of , 20 My commission expires: Notary Public, State of Florida at Large Bonded by 103 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Name of Bidder/Proposer: Address: Project Name: Contract Dollar Amount THIS FORM T BE COMPLETED BY BIDDERS/PROPOSERS FOR PROJECTS WITH CSBE REQUIREMENTS EDULE OF INTENT AFFIDAVIT (SOI) COMMUNITY S ` LL BUSINESS ENTERPRISE PROGRAM ("CSBE") This section must be completed -by the Biddei ropaser and the CSBE Subcontractor that will be utilized ,for scopes of work on the project Contact Person: Phone No.: Project Number: 15% CSBE Dollar Amount Name of Prime Bidder/Proposer Certification No. (if applicable) Certificat Expiration to (if applicable Type of CSBE work to be performed by the Bidder (if applicable) Bidder's self performance percentage (%) of Contract Value Total Dollar ($) Amount of Bidder's self performance e above contract: Name of Sub -contractor Certification No. Certification Expiration Date e of CSBE work to be pe rmed by the sub- cont tor Sub -contractor percentage (%) of Contract Value Total Dollar ($) Amount of sub -contractor's CSBE requirement 1 certify that the representations contained in this form are true and accurate to the best of my kno sub -contractors) if awarded this contract. Copies of the agreement(s) will be immediately made avai . e to the City of Miami as required. Prime Bidder/Proposer Signature Date ge. 1 affirm that 1 will enter into sub-c Prime Bidder/Propose rint'Name The undersigned has reasonable and uncommitted capacity sufficient to provide the require provide such goods or services, ability to obtain bonding that is reasonably required to provid the ability to otherwise meet the bid specifications. Title oods or services, all licenses and permits necessary to uch goods consistent with normal industry practice, and Sub -contractor Signature Date Sub -contractor Print Name' Title 104 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Section 6- Contract Execution Form THIontract #14-1785, made this day of in the year 2014 in the amoun f $818,978.96 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," a MAGGOLC, INC. hereinafter called the "Contractor". IN W. ESS WHEREOF, the parties have executed this Agreement as of the day and year first abov- ritten. WITNESS/ATTES Signature • Print Name, Title MAGGOLC, INC. ,a Florida corporation Signature Print Name, Title of Authorized Officer or Official ATTEST: (Corporate Seal) CONTRACTOR Secretary (Affirm CONTRACTOR Seal, if available) ATTEST: City of ami, a municipal corporation of the State of FI• •a Todd B. Hannon, City Clerk Daniel J. Alfonso, 'ty Manager APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FM AND REQUIREMENTS: CORRECTNESS: Ann -Marie Sharpe, Director Victoria Mendez, City Attorney Risk Management Department Beacom Project Area Improvements — Phase 1I 105 ITB No.: 12-13-051 SUBSTITUTED CORPORATE RESOLUTION WHEREAS, , Inc. desires to enter into a contrac ith the City of Miami for the purpose of performing the work described in the contract to .ch this resolution is attached; and WHERE the Board of Directors at a duly held corporate meeting has considered the mat : in accordance with the By -Laws of the corporation; Now, THEREFOBE IT RESOLVED BY THE BOARD OF DIRECTORS that the (type title of officer (type name of officer) and instructed to enter into a contract, the name and on behalf of this corporation, with the City of Miami upon the terms costed in the proposed contract to which this resolution is attached and to execute the corres «nding performance bond. , is hereby authorized DATED this day of , 20 Corporate Secretary (Corporate Seal) Beacom Project Area Improvements ® Phase II 106 ITB No.: 12-13-051 SUBSTITUTED FORM OF PERFORMANCE BOND (Page 1of 2) BY THIS BOND, We , as Principal, her- .fter called Contractor, and as Surety, are bound to the ty_ of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and rety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and erally. WHEREAS, Co .actor has by written agreement entered into a Contract, Bid/Contract ITB No: 12-13-051, award the day of , 20 , with City which Contract Documents are reference incorporated herein and made a part hereof, and specifically include provision for Iiq .ted damages, and other damages identified, and for the purposes of this Bond are hereafter refe 'd to as the "Contract"; THE CONDITION OF THIS BOND is that if tractor: 1. Performs the Contract between ntractor and City for construction of the Contract being made a part of this Bond by reference, at the times a in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expen costs and attorney's fees including appellate proceedings, that City sustains as a res of default by Contractor under the Contract; and 3. Performs the guarantee of all Work and materials furni -d under the Contract for the time specified in the Contract; then THIS BOND IS VOID, HERWISE IT REMAINS IN FULL FORCE AND EFFECT. 4. Whenever Contractor shall be, and declared by City to be, in • :: ult under the Contract, City having performed City obligations hereunder, the Surety m •romptly remedy the default, or shall promptly: 4.1. Complete the Project in accordance with the terms and •nditions of the Contract Documents; or Beacom Project Area Improvements — Phase II 107 ITB No.: 12-13-051 SUBSTITUTED FORM OF PERFORMANCE BOND (Page 2 of 2) 4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not ceeding, including other costs and damages for which the Surety may- be Is. e hereunder, the amount set forth in the first paragraph hereof. The term "ba ce of the Contract Price," as used in this paragraph, shall mean the total amo payable by City to Contractor under the Contract and any amendments thereto, -ss the amount properly paid by City to Contractor. No right of action s I accrue on this bond to or for the use of any person or corporation other than City name erein. The Surety hereby wa s notice of and agrees that any changes in or under the - Contract Documents and , 'mpliance or noncompliance with any formalities connected with the Contract or the cha -s does not affect Surety's obligation under this Bond. Signed and sealed this WITNESSES: Secretary (CORPORATE SEAL) f , 20 (Name of Corporation) (Signature) (Pn Name and Title) IN THE PRESENCE OF: INSURANCE By: MPANY: Agent and Atto -y-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: Beacom Project Area Improvements — Phase II 108 ITB No.: 12-13-051 SUBSTITUTED FORM OF PAYMENT BOND (Page 1of 2) BY THIS BOND, We , as Principal, her -fter called Contractor, and , as Surety, are bound to the ity of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor a Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly . . severally. WHEREAS, ontractor has by written agreement entered into a Contract, ITB. No. 12- 13-051, awarded the day of , 20 , with City which Contract Documents are by refe ce incorporated herein and made a part hereof, and specifically include provision for liquida • damages, and other damages identified, and for the purposes of - this Bond are hereafter referre• • as the "Contract"; THE CONDITION OF THIS BOND i at if Contractor: 1. Pays City all losses, liquidate•. mages, expenses, costs and attorney's fees including appellate proceedings, that City stains because of default by Contractor under the Contract; and 2. Promptly makes payments to all clai . its as defined by Florida Statute 255.05(1) for all labor, materials and supplies used dire or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION S L BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFE• SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not i 'rivity with Contractor and who has not received payment for its labor, material •r supplies shall, within forty-five (45) days after beginning to furnish labor, aterials, or supplies for the prosecution of the Work, furnish to Contractor a tice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and w has not received payment for its labor, materials, or supplies shall, withi nety (90) days after performance of the labor or after complete delivery of th- laterials or supplies, deliver to Contractor and to the Surety, written notice of the -rformance of the labor or delivery of the materials or supplies and of the nonp. ent. 2.3. No action for the labor, materials, or supplies may be ins ted against Contractor or the Surety unless the notices stated under thpreceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the to -r of the applicable Notice and Time Limitations provisions prescribed in Sectio 255.05(2), or Section 95-11, Florida Statutes. Beacom Project Area Improvements — Phase II 109 ITB No.: 12-13-051 SUBSTITUTED FORM OF PAYMENT BOND (Page 2 of 2) The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond: igned and sealed this day of , 20 Contractor ATTEST: (Name of Corporation) By: (Secretary) _ (Signature) (Corporate Seal) (Print Name and Title) day of , 20 IN THE PRESENCE OF: INSURANCE COMPANY: Agent and Attorney -in -Fact dress: (Street) City/State/Zip Code) Telephone N Beacom Project Area Improvements — Phase I1 110 ITB No.: 12-13-051 SUBSTITUTED [Type text] CERTIFICATE AS TO CORPORATE PRINCIPAL , certify that I am the Secretary of the co . ration named as Principal in the foregoing Performance and Payment Bond (Performance Bond of the Prin Payment Bond); that , who signed the Bond(s) on behalf al, was then of said corporation; that I know hislher signature; and his/her signat thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on beh f said corporation by authority of its governing body. (SEAL) Secretary (on be Corporation STATE OF FLORIDA COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly co issioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been autho -d to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bone •n behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this day of , 20 My commission expires: Notary Public, S e of Florida at Large Bonded by Beacom Project Area Improvements — Phase II 111 ITB No.: 12-13-051 SUBSTITUTED [Type text] PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2) Beneficiary. City of Miami 444 S.W. 2nd Ave Miami, Florida 331 Date of Issue Issuing Bank's No. Applicant: Amount: in United States Funds Expiry: (Date) Bid/Contract Number We hereby authorize yoo draw on of and for the account of (Bank, Issuer name) by order (branch a ress) (co -ctor, applicant, customer) up to an aggregate amount, in United States 'ds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or s authorized designee, that the drawing is due to default in performance of certain obliga s on the part of (contractor, applicant, customer) agreed upon by a between the City of Miami, Florida and (contractor, applicant, Gusto -r), pursuant to Bid/Contract No. for (name of project) and Sect 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration d Beacom Project Area Improvements — Phase II 112 ITB No.: 12-13-051 SUBSTITUTED [Type text] PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2) s must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Le of Credit shall be renewed for successive periods of one (1) year each unless we provide th- ity ofMiami with written notice of our intent to terminate the credit herein extended, which notice ust be provided at least thirty (30) days prior to the expiration date of the original term hereof or . ' renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to pe 'rmance of the Contractor's obligations will be deemed a default. This Letter of Credit -ts forth in full the terms of our undertaking, and such undertaking shall not in any way be modifies, •r amplified by reference to any documents, instrument, or agreement referred to herein or to "ch this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not • deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the dra s, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credi all be released one (1) year after the Final Completion of the Project by the (contractor, - .licant, customer) This Credit is subject to the "Uniform Customs d Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publicat No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Pr- ce for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict been the law of another state or country and Florida law should arise, Florida law shall prevail. Authorize • gnature Beacom Project Area Improvements — Phase II 113 ITB No.: 12-13-051 SUBSTITUTED [Type text] INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY I e Proposer is submitting as a joint venture, please be advised that this form (3 pages) MUST be co -. eted and the REQUESTED written joint -venture agreement MUST be attached and submitted with form: 1. _Name 'oint venture: 2. Address o • int venture: 3. Phone number . 'oint venture: 4. Identify the firms t comprise the joint venture: 5. Describe the role of the MBE i (if applicable) in the joint venture: 6. Provide a copy of the joint venture's written con . tual agreement. 7. Control of and participation in this Agreement. Ide individuals (and their titles) who are responsible for day making, including, but not limited to, those with prime res (a) Financial decisions: (b) Management decisions, such. as: (1) Estimating: (2) Marketing and sales: by name, race, sex, and "firm" those -day management and policy decision sibility for: (3) Hiring and firing of management personnel: (4) Purchasing of major items or supplies: Beacom Project Area Improvements — Phase II 114 ITB No.: 12-13-051 SUBSTITUTED [Type text] `_(c) Supervision of field operations: NO If, after filing this form and before the completion of the joint venture's work on the subject •ntract, there is any significant change in the infoiiiiation submitted, the joint venture t inform the County in writing. AFFIDAVI "The undersign information neces intended participatio and;, agree to provide to venture work and the p relevant to the joint ve misrepresentation will be gr initiating action under Federal statements." swear or affirm that the foregoing statements are correct and include all material to identify and explain the terms and operation of our joint venture and the y each joint venturer in the undertaking. Further, the undersigned covenant e County current, complete and accurate information regarding actual joint ent therefore and any proposed changes in any of the joint venturer re, by authorized representatives of the County. Any material ds for terminating any Contract which may be awarded and for tate laws concerning false Name of Finn: Name of Firm: Signature: Signature: Name: Name: Title: Title: Date: Date: FORM A Beacom Project Area Improvements — Phase II 115 ITB No.: 12-13-051 ti SUBSTITUTED BID FORM (Page 2 of 11) Ni : Bidders are bidding on estimated quantities for the purpose of determining the lowest responsive and -sponsible bidder. Payments will be made based on unit prices of actual quantities installed. Wher- - discrepancy exists between the unit price and the extended price the unit price will prevail. Where'.' re is a discrepancy between the numerical and written Bid Amount, the written Bid Amount will prevai ity Form SU must be submitted with your bid. The SU Form can be found posted on the webpa• ith the bid documents. Our Bid Amoun all materials, labo the Bid'Specificatio cludes the total cost for the Work specified in this solicitation, consisting of furnishing quipment, supervision, mobilization, overhead & profit required in accordance with BASE BID - TOTAL SE BID AMOUNT: ALTERNATE A - TOTAL ALTERNATE A BID OUNT: ALTERNATE B — TOTAL ALTERNATE B BID AMOU ALTERNATE C — TOTAL ALTERNATE C BID AMOUNT: ALTERNATE D — TOTAL ALTERNATE D BID AMOUNT: $ /902.64g, -.6 $ 3,sgago 150/445, 43f 5O ,:- COMBINED TOTAL BID AMOUNT: $ (COMBINED Base Bid # Al A # Alt B + Alt C + Alt DJ . Written Combined Total Bid A)l uLiy c x ±s Beacom Project Area Improvements — Phase II 80 Amount 66177S Ct-4-/-e() ITB No.: 12-13-051 SUBSTITUTED BID FORM (Page 1 of 11) City of Mr Office of t City Hall, 1st ' •r 3500 Pan Ame Miami,_ Florida 33 The undersigned, as are named herein and th Contract to be entered int parties making a Bid; and t fraud. i, Florida City Clerk n Drive -5504 SECTION 4 BID FORM Submitted: Date er, hereby declares that the only persons interested in this Bid as principal no person other than herein mentioned has any interest in this bid or in the that this Bid is made without connection with any other person, firm, or it is, in all respects, made fairly and in good faith without collusion or The Bidder further declares that i -s examined the site of the Work and informed itself fully of all conditions pertainingtothe place e the Work is to be done; that it has examined the Contract Documents and all addenda thereto fu hed before the opening of the bids, as acknowledged below; and that it has satisfied itself about the to be performed; and that it has submitted the required Bid Guaranty; and all other required informatio ith the Bid; and that this Bid is submitted voluntarily and willingly. The Bidder agrees, if this Bid is accepted, to con Florida, pursuant to the terms and conditions of t materials, equipment, machinery, tools, apparatus, construct and complete within the time limits specified the Project(s) entitled: Bid No: 12-13-051 Title: BEACOM PROJECT AREA IMP 'VEMENTS — PHASE II — D3 t with the City, a political subdivision of the State of Contract Documents and to furnish all necessary ns of transportation, and all labor necessary to Work covered by the Contract Documents for The Bidder also agrees to furnish the required Performance Bon form of security, if permitted by the City, each for not less than the tot and to furnish the required Certificate(s) of Insurance. nd Payment Bond or alternative id price plus alternates, if any, The undersigned further agrees that the Bid guaranty accompanying the B fails to execute said Contract, or fails to furnish the required Performance B fails to furnish the required Certificate(s) of Insurance within fifteen (15) ca notified of the award of the Contract. hall be forfeited if Bidder and Payment Bond or dar days after being In the event of arithmetical errors, the Bidder agrees that these errors are erro which may be corrected by the City. In the event of a discrepancy between the price Bid in figures a the price Bid in words, the price in words shall govern. Bidder agrees that any unit price listed in th :id is to be multiplied by the stated quantity requirements in order to arrive at the total. 79 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED BID FORM (Page 3 of 11) spreadsheet with Unit Prices is required to be submitted within the Bid Submittal Forms. Bidd- must download the version of .MS Excel Bid Form that is available for download at: htfipal miamigov.comiCapitallmprovements/paqes/ProcurementOpportunities/Default.asp. Failure to su it the Spreadsheet may result in the Bid being determined to be non -responsive. MS Excel shee hall round all bid price to the second decimal. The Bid Forms co in five (5) separate component projects and the Bidder must provide unit prices for all Work t• •e performed for each of the five (5) component projects to be deemed responsive. Line No. 1 2 3 4 5 6 7 8 9 10 TOTAL BEACOM PROJECT ARE PROVEMENTS - PHASE 11- D3 - PROJECT NO. B-40325 Pay Item No. 1 2 3 4 5 6 7 8 9 10 Pay It. Description Beacom Project Area Improvements - Phase 11 81 Unit Quantity Unit Cost ITB No.: 12-13-051 Cost S.W. 21)i Street from SW 27th Ave to SW 22nd Ave (Base Bid) Project No. B-40325 - BID TABULATS LI B S T I T U T E D ROADWAY PAY ITEMS Vor.,1110-1-1 _ = 120-1 160-4 285-706 ='s 7-70-1 -70-5 3 1 331 425-5- 425-6 520-1-10 :.e=%_t4-, 522-1 522-2 570-1-2 710-11-123 710-11-125 710-11-160 710-11-170 710-11-211 CLEARING AND GRUBBING REGULAR EXCAVATION STABILIZATION (LBR 40) OPTIONAL BASE, GROUP 6 (18" LIMEROCK) AC CY SY SY $1,000.00 $10.00 $5.00 $10.00 0.584 93 278 278 MILLING EXISTING ASPHALT (1" AVG. DEPTH) MILLING EXISTING ASPHALT (2" AVG. DEPTH) TYPE S-I ASPHALTIC CONCRETE (1") (110 LBS/SY) TYPE S-III ASPHALTIC CONCRETE (1") (110 LBS/SY) MANHOLES (ADJUST) VALVE BOXES (ADJUST) CONCRETE CURB & GUTTER TYPE F CONCRETE SIDEWALK (4" THICK) (INCLUDES DETECTABLE WARNING) • NCRETE SIDEWALK (6" THICK) • -FORMANCE TURF (SOD) PA D PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 12" PAIN ` PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 24" PAINTE, • VEMENT MARKINGS, STANDARD, WHITE, MESSAGE" PAINTED • MENT MARKINGS, STANDARD, WHITE, ARROW' PAINTED PA, ENT MARKINGS, STANDARD, YELLOW, SOLID, 6" SY SY TN TN EA EA LF SY SY SY LF LF EA EA NM $2.00 $2.00 $85.00 $130.00 $200.00 $200.00 $16.00 $40.00 $40.00 $3.00 $1.00 $3.50 $50.00 $50.00 1,133 1,170 16 157.0 4 6 2,145 174 781 1,106 106 130 2 2 $3,000.00 0.084 TOTAL ROADWAY PAY ITEMS= $554.00 $930.00 $1,390.00 $2,780.00 $2,266.00 $2,340.00 $1,360,00 $20,410.00 $800.00 $1,200.00 $34,320.00 $6,960.00 $31,240.00 $3,318.00 $106.00 $455.00 $100.00 $100.00 $252.00 �;„7:";"Ye•-'' 700-20-11 aF zn ; 700-20-12 700=20-60 708"-3 711-11-123 SIGNING AND PAVEMENT MARKING PAY ITEMS SIGN SINGLE POST (LESS T 12 SF) SIGN SINGLE POST (12-20 SF) REMOVE EXISTING SIGN (LESS T 12 SF) REFLECTIVE PAVEMENT MARKER ( OW) THERMOPLASTIC, STANDARD, WHITE, IUD, 12" AS - AS AS EA LF $250.00 $300.00 $50.00 $5.00 $2.50 2 1 1 22 106 711-11-125 710-11-160 710-11-170 711-11-211 THERMOPLASTIC, STANDARD, WHITE, Ss 1, 24" THERMOPLASTIC, STANDARD, WHITE, ME` GE" THERMOPLASTIC, STANDARD, WHITE, ARRO' THERMOPLASTIC, STANDARD, YELLOW, SOLID, LF EA EA NM $4.00 $105.00 $105.00 $5,000.00 130 2 2 0.084 $500.00 $300.00 $50.00 $110.00 $265.00 $520.00 $210.00 $210.00 $420.00 TOTAL SIGNING AND PAVEMENT MARKING PAY ITEMS= 425-1-541 425-1-711 425-1-901 425-2-41 425-2-42 430-175-115 430-94-1 443-70-4 DRAINAGE P TEMS INLET, DITCH BOTTOM, TYPE D, <10' INLET, DITCH BOTTOM, TYPE V, <10' INLET, TYPE F-3, <10' MANHOLE, TYPE D-4, <10' MANHOLE, TYPE D-4, >10' PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 15" SD DESILTING PIPE 0-24" FRENCH DRAIN, 24" EA EA EA EA EA LF LF F $2,500.00 $2,500.00 $2,500.00 $3,000.00 $3,200.00 $50.00 $5.00 $85.00 3 1 2 1 2 67 210 115 TOTAL DRAINAGE PAY ITEMS= $7,500.00 $2,500.00 $5,000.00 $3,000.00 $6,400.00 $4,350.00 $1,050.00 $9,775.00 SUBTOTAL ALL AREAS $153,071.00 gt4=rJ 102-1 MAINTENANCE OF TRAFFIC LS $15,307.10 1 $15,307.10 =fin 101-1 MOBILIZATION LS 5,307.10 1 $15,307.10 102-14 TRAFFIC CONTROL OFFICER (ALLOWANCE) LS 1 $800.00 OWNER ALLOWANCE LS 1 $10,000.00 PERMIT ALLOWANCE LS 1 $4,000.00 TOTAL BASE BID AMOUNT $198,485.20 A=M 6 Got c T& . Project No. 8-40325 - BID TABULATS UB S T I T U T E D street from SW 27th Ave to SW 23rd Ave (Alt. "A" •,-="�I .r ANT eS IA.s- �Yc p B . ROADWAY PAY ITEMS 110-1-1 CLEARING AND GRUBBING AC $1,000.00 0.411 $411.00 = 120-1 REGULAR EXCAVATION CY $8.00 107 $856.00 j. ae 160-4 STABILIZATION (LBR 40) SY $4.00 320 $1,280.00 E'er '- 285-706 OPTIONAL BASE, GROUP 6 (18" LIMEROCK) SY $10.00 320 $3,200.00 ty 7-70-1 MILLING EXISTING ASPHALT 1"AVG. DEPTH) SY $2.50 3,866 $9,665.00 4., lenil. TYPE S-I ASPHALTIC CONCRETE (1") (110 LBS/SY) TN $80.00 18 $1,440.00 K_3.-= 5 , . `.x -" TYPE S-III ASPHALTIC CONCRETE (1") (11 D LBS/SY) TN $135.00 235.0 $31,725.00 - 13L _ MANHOLES (ADJUST) - EA $200.00 5 $1,000.00 W_T 425-6 M. VALVE BOXES (ADJUST) EA $200.00 3 $600.00 2,- K- 520-1-10 - CONCRETE CURB & GUTTER TYPE F LF $16.50 1,608 $26,532.00 _ _ 520-2-3 , 2' CONCRETE VALLEY GUTTER LF $17.00 330 $5,610.00 ® CONCRETE SIDEWALK (4" THICK) (INCLUDES DETECTABLE WARNING) SY $40.00 55 $2,200.00 ���._ �� 522-2 h, •NCRETE SIDEWALK (6" THICK) SY $40.00 552 $22,080.00 570-1-2 4 ' ORMANCETURF (SOD) SY $4.00 615 $2,460.00 710-11-111 FA\ • PA T A. I T• I R• IT • I• •' NM $4,000.00 0.020 $80.00 T,-,� 710-11-122 CM ` PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 8" LF $0.80 90 $72.00 -.� �>' 710-11-123 PAINTED •VEMENT MARKINGS, STANDARD, WHITE, SOLID, 12" LF $1.00 159 $159.00 y 710-11-124 PAINTED • MENT MARKINGS, STANDARD, WHITE, SOLID, 18" LF $1.50 35 $52.50 710-11-125 PAINTED PAENT MARKINGS, STANDARD, WHITE, SOLID, 24" LF $3.50 268 $938.00 a _ 710-11-160 PAINTED PAV T MARKINGS, STANDARD, WHITE, MESSAGE" EA $50.00 3 $150.00 ' 710-11-170 PAINTED PAVEM= ' MARKINGS, STANDARD, WHITE, ARROW' EA $50.00 5 $250.00 7-10-11-211 PAINTED PAVEME 'ARKINGS, STANDARD, YELLOW, SOLID, 6" NM $3,500.00 0.054 $189.00 710-11-222 PAINTED PAVEMENT KINGS, STANDARD, YELLOW, SOLID, 8" LF $0.80 89 _ $71.20 E{ 710-11-224 . PAINTED PAVEMENT M • NGS, STANDARD, YELLOW, SOLID, 18" LF $1.50 71 $106.50 710-11-231 - PAINTED PAVEMENT MAR' S, STD., YELLOW, DOTTED/GUIDELINE/ 2'-4 GAP EXT., 6' LF $1.00 22 $22.00 TOTAL ROADWAY PAY ITEMS=i . >- - - `-- -�.! ram' - .'. �-� �-'.� - 0 - em_ 7- -- ' -�-. • �{3'... - aa-A © t - E . . _ � „7 �E� N}. c e� 3a eta �r7- SIGNIN t D PAVEMENT MARKING PAY ITEMS `-`g 700-20-11 - SIGN SINGLE POST (LESS THAN 12 SF) AS $250.00 1 $250.00 ,-� � :, 700-20-60 REMOVE EXISTING SIGN (LESS THAN 12 SF) AS $50.00 1 $50.00 8--""--,-3 700-48-58 SREPLACE EXISTING SING PANEL AS $150.00 1 $150.00 - -_,-rw 706-3 REFLECTIVE PAVEMENT MARKER (RED) EA $5.00 8 $40.00 REFLECTIVE PAVEMENT MARKER (YELLOW) EA $5.00 26 $130.00 711-11-111 THERMOPLASTIC, STANDARD, WHITE, SOLID, 6" NM $5,000.00 0.020 $100.00 < -_ '" 711-11-122 THERMOPLASTIC, STANDARD, WHITE, SOLID, 8" LF $1.20 90 $108.00 -5 711-11-123 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" LF $2.30 159 $365.70 711-11-124 THERMOPLASTIC, STANDARD, WHITE, SOLID, 18" LF $3.00 35 $105.00 -� 711-11-125 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" LF $4.50 268 $1,206.00 711-11-160 THERMOPLASTIC, STANDARD, WHITE, MESSAGE" EA $120.00 3 $360.00 - ` 711-11-170 THERMOPLASTIC, STANDARD, WHITE, ARROW' EA $120.00 5 $600.00 W 711-11-211 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 6" NM $5,000.00 0.054 $270.00 711-11-222 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 8" LF $1.20 89 $106.80 •_;-moo. a 711-11-224 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" LF $3.00 71 $213.00 ;-_� 711-11-231 THERMOPLASTIC, STANDARD, YELLOW, DOTTED/GUIDELINE/ 2'-4' GAP EXT., 6„ F 81.30 22 $28.60 TOTAL SIGNI 'ND PAVEMENT MARKING PAY ITEMS= - - ffo 5,1 gSG�I �e.l DRAINAGE PAY ITEMS 425-1-711 425-1-712 425-1-901 425-2-42 425-4 430-175-112 430-175-115 430-94-1 443-70-4 INLET, DITCH BOTTOM, TYPE V, <10' INLET, TYPE D, <10' INLET, TYPE F-3, <10' MANHOLE, TYPE D-4, >10' INLETS, ADJUST PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 12" CD PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 15" SD DESILTING PIPE 0-24" FRENCH DRAIN, 24" EA EA EA EA EA LF LF LF LF ,500.00 0.00 $2, ' 00 $200. $50.00 $50.00 $5.00 $85.00 1 2 3 2 1 3 84 300 70 $2,500.00 $5,000.00 $7,500.00 $6,000.00 $200.00 $150.00 $4,200.00 $1,500.00 $5,950.00 TOTAL DRAINAGE Y ITEMS= SUBTOTAL ALL AREAS $148,232.30 102-1 MAINTENANCE OF TRAFFIC LS $14,823.23 $14,823.23 101-1 MOBILIZATION LS $14,823.23 $14,823.23 S 102-14 TRAFFIC CONTROL OFFICER (ALLOWANCE) LS 1 $800.00 OWNER ALLOWANCE LS 1 $10,000.00 _ PERMIT ALLOWANCE LS 1 $4,000.00 TOTAL ALTERNATE "A" BID AMOUNT $ ,678.76 Project No. B-40325 - BID TABULATS ILO S T I T U T E D W. 2nd Terrace from SW 24th Ave to SW 22nd Ave (Alt. "B" ITE PAY ISEM s s -s . . ROADWAY PAY ITEMS ' -- 110-1-1 CLEARING AND GRUBBING AC $1,000.00 0.160 $160.00 .<'= 120-1 REGULAR EXCAVATION CY $10.00 32 $320.00 = '_. = 160-4 STABILIZATION (LBR40) SY $5.00 94 $470.00 285-706 OPTIONAL BASE, GROUP 6 (18" LIMEROCK) SY $10.00 94 $940.00 - =y'--`- 7-70-1 MILLING EXISTING ASPHALT (1" AVG. DEPTH) SY $2.50 631 $1,577.50 -1 TYPE S-I ASPHALTIC CONCRETE (1") (110 LBS/SY) TN $85.00 6 $510.00 33 TYPE S-III ASPHALTIC CONCRETE (1") (110 LBS/SY) TN $135.00 44.0 $5,940.00 425- MANHOLES (ADJUST) . EA $200.00 1 $200.00 520-1-1 k CONCRETE CURB & GUTTER TYPE F LF $16.00 586 $9,376.00 y 522=1 CONCRETE SIDEWALK (4" THICK) (INCLUDES DETECTABLE WARNING) SY $40.00 71 $2,840.00 _ 522-2 CONCRETE SIDEWALK (6" THICK) SY $40.00 229 $9,160.00 "� ` "` ` 570-1-2 • ERFORMANCE TURF (SOD) SY $4.00 252 $1,008.00 710-11-123 ' INTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 12" LF $0.70 187 $130.90 710-11-125 • TED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 24" LF $2.50 122 $305.00 710-11-160 PAI D PAVEMENT MARKINGS, STANDARD, WHITE, MESSAGE" EA $40.00 1 $40.00 710-11-211 PAIN . •AVEMENT MARKINGS, STANDARD, YELLOW, SOLID, 6" NM $2,000.00 0.038 $76.00 TOTAL ROADWAY PAY ITEMS= ' 3 ,.- 2 SIGNING AND PAVEMENT MARKING PAY ITEMS 708.3 711-11-123 71 f-11-125 710-11-160 711-11-211 REFLECTIVE PAVEME ARKER (YELLOW) -THERMOPLASTIC, STAN D, WHITE, SOLID, 12" THERMOPLASTIC, STANDA WHITE, SOLID, 24" .THERMOPLASTIC, STANDAR► ' HITE, MESSAGE" THERMOPLASTIC, STANDARD, OW, SOLID, 6" EA LF - - LF EA NM $4.50 $2.20 $3.60 $110.00 $4,500.00 12 187 122 1 0.038 $54.00 $411.40 $439.20 $110.00 $171.00 TOTAL SIGNING AND PAVEMENT MARKING PAY ITEMS= - JTEVI �-AYT --; '�.-.-0 'I 1�_ -9 ,I is - e r-''"- ,._ -' 5may--- - 3 - • INAGE PAY ITEMS `- = v ? 425-1-713 INLET, TYPE V, J BOLT, <10 EA $2,500.00 1 $2,500.00 425-1-901 INLET, TYPE F-3, <10' EA - $2,500.00 2 $5,000.00 425-2-42 MANHOLE, TYPE D-4, >10' EA $3,000.00 1 $3,000.00 425-4 INLETS, ADJUST EA $200.00 4 $800.00 430-175-115 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 15" SD LF $50.00 26 $1,300.00 _x_. _ ���- 430-94-1 DESILTING PIPE 0-24" LF $5.00 54 $270.00 0 443-70-4 FRENCH DRAIN, 24" LF $85.00 25 $2,125.00 TOTAL DRAINAGE PAY ITEMS=g9g©0 SUBTOTAL ALL AREAS $49,234.00 102-1 MAINTENANCE OF TRAFFIC LS $4,923.40 1 $4,923.40 101-1 MOBILIZATION LS $4,923.40 1 64,923.40 �.� 102-14 TRAFFIC CONTROL OFFICER (ALLOWANCE) 1 $800.00 OWNER ALLOWANCE 1 $1D,000.00 n"1 PERMIT ALLOWANCE L 1 $4,000.00 TOTAL ALTERNATE "B" BID AMOUNT $73,880.80 Project No. B-40325 - BID TABULATS UrB S T I T U T E D S.W. 3rd Street from SW 27th Ave to SW 22nd Ave (Alt. "C" J z. ,ester , 3 }y _ ROADWAY PAY ITEMS ; �� v. `_ v 110-1-1-. CLEARING AND GRUBBING AC $1,000.00 0.437 $437.00 120-1 ; REGULAR EXCAVATION CY $10.00 32 $320.00 '" ' 160-4 STABILIZATION (LBR40) SY $5.00 94 $470.00 '- ,,-. 285-706 OPTIONAL BASE, GROUP 6 (18" LIMEROCK) SY $10.00 94 $940.00 ` ' L ' 7-70-1 MILLING EXISTING ASPHALT (1" AVG. DEPTH) SY $2.50 3,675 $9,187.50 t -2-1 : TYPE S-I ASPHALTIC CONCRETE (1") (110 LBS/SY) TN $85.00 6.0 $510.00 --s� ` s 3 3 TYPE S-III ASPHALTIC CONCRETE (1") (110 LBS/SY) TN $135.00 228.0 $30,780.00 -"=-`.'-� `s ==- 425- MANHOLES (ADJUST) EA $200.00 7 $1,400.00 -,:-.,A 425-6 VALVE BOXES (ADJUST) EA $200.00 6 $1,200.00 520-1-10 CONCRETE CURB &GUTTER TYPE F LF $16.00 1,821 $29,136.00 -"' - •-•„:- 520-2-3 2' CONCRETE VALLEY GUTTER LF $16.00 208 $3,328.00 zCaaaM 5 522-1 CONCRETE SIDEWALK (4" THICK) (INCLUDES DETECTABLE WARNING) SY $40.00 134 $5,360.00 ,1` == -=' 522-2 . ONCRETE SIDEWALK (6" THICK) SY $40.00 694 $27,760.00 _ ``t.' 570-1-2,.. 'FORMANCETURF (SOD) SY $4.00 723 $2,892.00 :--- =5 -. 710-11-111 PA D PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 6" NM $3,000.00 0.100 $300.00 ;_-- _ 710-11-122 PAI 1 PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 8" LF $0.50 207 $103.50 t_ }M 710-11-123 PAINT • • • VEMENT MARKINGS, STANDARD, WHITE, SOLID, 12" LF $1.00 531 $531.00 710-11-124 PAINTED EMENT MARKINGS, STANDARD, WHITE, SOLID, 18" LF -$1.20 - - 102 - $12240 710-11-125 PAINTED PA ENT MARKINGS, STANDARD, WHITE, SOLID, 24" LF $3.00 453 $1,359.00 _-1.-... 710-11-131 PAINTED PAV- NT MARKINGS, STD., WHITE, SKIP, 6", (10' - 30') GM $2,000.00 0.090 $180.00 710-11-160 PAINTED PAVE MARKINGS, STANDARD, WHITE, MESSAGE" EA $50.00 2 $100.00 710-11-170 PAINTED PAVEME iARKINGS, STANDARD, WHITE, ARROW' EA $50.00 7 $350.00 710-11-211 PAINTED PAVEMENT 'KINGS, STANDARD, YELLOW, SOLID, 6" NM $2,500.00 0.129 $322.50 710-11-222 PAINTED PAVEMENT M • NGS, STANDARD, YELLOW, SOLID, 8" LF $0.50 320 $160.00 710-11-224 PAINTED PAVEMENT MAR S, STANDARD, YELLOW, SOLID, 18" LF $1.20 128 $153.60 710-11-231 PAINTED PAVEMENT MARKI •, STD., YELLOW, DOTTED/GUIDELINE/ 2'-4' GAP EXT., 6„ LF $1.00 36 $36.00 r - TOTAL ROADWAY PAY ITEMS= __ SIGNING • • PAVEMENT MARKING PAY ITEMS 7 REFLECTIVE PAVEMENT MARKER (YELLOW) EA $5.00 31 'cto.1%?-41.CV 711-11-111 THERMOPLASTIC, STANDARD, WHITE, SOLID, 6" NM $4,200.00 0.100 $420.00 711-11-122 THERMOPLASTIC, STANDARD, WHITE, SOLID, 8" LF $1.00 207 $207.00 __ ___.A.----, - Fw-` 711-11-123 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" LF $2.20 531 $1,168.20 711-11-124 THERMOPLASTIC, STANDARD, WHITE, SOLID, 18" LF $3.00 102 $306.00 711-11-125 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" LF $3.10 453 $1,404.30 :,- 3 : = 710-11-131 THERMOPLASTIC, STANDARD, WHITE, SKIP, 6", (10' -30') GM $4,000.00 0.090 $360.00 711-11-160 THERMOPLASTIC, STANDARD, WHITE, MESSAGE" EA $120.00 2 $240.00 _ _ 711-11-170 THERMOPLASTIC, STANDARD, WHITE, ARROW' EA $120.00 7 $840.00 ' _711-11-211 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 6" NM $4,000.00 0.129 $516.00 711-11-222 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 8" LF $1.00 320 $320.00 711-11-224 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" LF $3.00 128 $384.00 711-11-231 THERMOPLASTIC, STANDARD, YELLOW, DOTTED/GUIDELINE/ 2'-4' GAP EXT., 6" LF $1.20 36 843.20 TOTAL SIG AND PAVEMENT MARKING PAY ITEMS= , DRAINAGE PAY ITEMS 425-1-713 430-175-112 430-175-115 430-94-1 INLET, TYPE V, J BOLT, <10 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 10" CD PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 12" CD PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 15" SD DESILTING PIPE 0-24" EA LF LF LF LF $3,200.00 45.00 00 3 3 6 22 711 TOTAL D NAGE PAY ITEMS= $9,600.00 $135.00 $270.00 $990.00 $2,844.00 SUBTOTAL ALL AREAS $138,021.20 ,i- -, 102-1 MAINTENANCE OF TRAFFIC LS $13,802.12 1 $13,802.12 =s-- VV-a 101-1 MOBILIZATION LS $13,502.12 1 $13,802.12 ..• > -1 _ 1 102-14 TRAFFIC CONTROL OFFICER (ALLOWANCE) LS 1 $800.00 > OWNER ALLOWANCE LS 1 $10,000.00 PERMITAI_LOWANCE LS 1 $4,000.00 TOTAL ALTERNATE "C" BID AMOUNT $180,425.44 S.W. 44k Street from SW 27th Ave to SW 22nd Ave (Alt. "D") Project No. B-40325 - BID TABULATISIIJ„B S T I T U T E D ITe 110-1-1 `1 327 70 1, 331-2-3 425-5-1;;:. df 522- 52 5-6 570-1-2.- 710-11-12 710-11-125 710-11-211 ROADWAY PAY ITEMS CLEARING AND GRUBBING MILLING EXISTING ASPHALT (1" AVG, DEPTH) TYPE S-III ASPHALTIC CONCRETE (1") (110 LBS/SY) MANHOLES (ADJUST) AC SY TN EA $1,000.00 $2.50 $135.00 $200.00 0.443 3,488 192.0 5 $443.00 $8,720.00 $25,920.00 $1,000.00 VALVE BOXES (ADJUST) CONCRETE CURB & GUTTER TYPE F CONCRETE SIIDEWALK (4' THICK) (INCLUDES DETECTABLE WARNING) CONCRETE SIDEWALK (6" THICK) PERFORMANCE TURF (SOD) PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 12" EA LF SY SY SY LF $200.00 $16.00 $40.00 $40.00 $3.00 $0.70 1 2,213 128 422 1,103 656 $200.00 $35,408.00 $5,120.00 $16,880.00 $3,309.00 $459.20 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 24" AINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SOLID, 6" LF NM SIGNING AND PAVEMENT MARKING PAY ITEMS $3.00 $2,000.00 53 0.076 TOTAL ROADWAY PAY ITEMS= SIA•N $159.00 $152.00 700-20-ti1 700-20-1:2 700-20-60 700-48-58 706-3 711-11-123 711-11-125 711-11-211 SIGN SINGL •ST (LESS THAN 12 SF) SIGN SINGLE P (12-20 SF) REMOVE EXISTI GN (LESS THAN 12 SF) SIGN PANEL, REMO REFLECTIVE PAVEME ARKER (YELLOW) THERMOPLASTIC, STANL `D, WHITE, SOLID, 12" THERMOPLASTIC, STANDA WHITE, SOLID, 24" THERMOPLASTIC, STANDAR LLOW, SOLID, 6" AS AS AS AS EA LF LF NM $250.00 $350.00 $50.00 $30.00 $5.00 $2.10 $3.50 $4,000.00 4 1 3 24 656 53 0.076 TOTAL SIGNING AND PAVEMENT MARKING PAY ITEMS= $1,000.00 $350.00 $50.00 $90.00 $120.00 $1,377.60 $185.50 $304.00 s � s� SIT-EM r- 'I r ' ° e A e a NT l'''L 11, W � DRAINAGE PAY ITEMS fi 425-1-901 INLET, TYPE F-3, <10' - EA $2,300.00 5 $11,500.00 425-2-41 MANHOLE, TYPE D-4, <10' EA $3,000.00 3 $9,000.00 e_, � 425-4 INLETS, ADJUST EA $200.00 5 $1,000.00 ^^ 430-175-115 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 15" SD LF $45.00 54 $2,430.00 _ 430-94-1 DESILTING PIPE 0-24" LF $5.00 141 $705.00 443-70-4 FRENCH DRAIN, 24" LF $85.00 75 $6,375.00 TOTAL DRAINAGE PAY ITEMS= SUBTOTAL ALL AREAS 8132,257.30 102-1 MAINTENANCE OF TRAFFIC LS $13,225.73 1 $13,225.73 1D1-1 MOBILIZATION LS $13,225.73 1 $13,225.73 TRAFFIC CONTROL OFFICER (ALLOWANCE) LS 1 $600.00 OWNER ALLOWANCE LS 1 $10,000.00 PERMIT ALLOWANCE 1 $4,000.00 TOTAL ALTERNATE "D" BID AMOUNT $173,508.76 AGCPLC -. SUBSTITUTED BID FORM (Page 4 of 11) rt I: DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS 111 A IV (If applicable) Part I: 'sted below are the dates of issue for each Addendum received in connection with this Bid: Addendum No. 1, Dated ddendum No. 2, Dated endum No. 3, Dated Add um No. 4, Dated Part II: N. ddendum was received in connection with this Bid. Part III Certifications The Bidder, by virtue of signing - Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated require nts. 1. Community Small Business Ente Ise ("CSBE") Requirements Bidder certifies that it has read an. nderstood the provisions of City of Miami Ordinance 13331, codified as Section 18-89 of the City k .e, pertaining to the implementation of a "Community Small Business Enterprise" requirement. E ation of bidder's responsiveness to Ordinance Section 13331 shall be a consideration in the awa of a contract. 2. Non -Collusion Bidder certifies that the only persons intereste. . this Bid are named herein; that no other person has any interest in this Bid or in the Contract to w h this Bid pertains; that this Bid is made without connection or arrangement with any other person. idder certifies that the selected independent third -party verifier will verify and certify compliance da and reports honestly and accurately; and 3. Drug, Free Workplace The undersigned Bidder hereby certifies that it will provide - ug-free workplace program by: (1) Publishing a statement notifying its employees that th nlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is • ibited in the Bidder's workplace, and specifying the actions that will be taken against employee r violations of such prohibition; (2) Establishing a continuing drug -free awareness program to inform i -mployees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug -free workplace; (iii) Any available drug counseling, rehabilitation, and employee assis . ice programs; and (iv) The penalties that may be imposed upon employees for drug abuse '.lations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the state -nt required by subparagraph (1); 82 Beacom Project Area Improvements — Phase 11 ITB No.: 12-1.3-051 SUBSTITUTED BID FORM (Page 5 of 11) 4);; Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and Notify the employer in writing of the employee's conviction under a criminal drug statute a violation occurring in the workplace no later than five (5) calendar daysaftersuch iction; (5)- Notifying the ty in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above; an employee or otherwise receiving actual notice of such conviction. The ice shall include the position title of the employee; (6) Within thirty (30) ca = dar days after receiving notice under subparagraph (4) of a conviction, taking one of the folio g actions with respect to an employee who is convicted of a drug abuse violation occurring the workplace: (i) Taking appropriate sonnel action against such employee, up _ to and including termination; or (ii) Requiring such employee participate satisfactorily in a drug abuse assistance or rehabilitation program appr• -d for such purposes by a federal, state, or local health, law enforcement, or other apriate agency; and (7) Making a good faith effort to ' aintain a drug -free workplace program through implementation of subparagraphs(1) t Hugh (6); and 4. Lobbying The undersigned certifies to the best of his or her k ledge and belief, that: (1) No Federal appropriated funds have been pai• or will be paid, by or on behalf of the undersigned, to any person for influencing or attem• g to influence an officer or employee of any agency, a Member of Congress, an officer or emee of Congress, or an employee of a Member of Congress in connection with the awarding of Federal contract, the making of any Federal grant, the making of any Federal loan, the enterin nto of any cooperative agreement, and the extension, continuation, renewal, amendment, or m 'ification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been pa i• o any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer or employee of Congress, or an employee of a Member of C. • ress in connection with this Federal contract, grant, loan, or cooperative agreement, the un. igned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," accordance with its instructions. (3) This undersigned shall require that the language of this certification be inclu, -d in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grant -nd contracts under grants, loans, and cooperative agreements) and that all sub -recipients shcertify and disclose accordingly. 83 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED BID FORM (Page 6 of 11) This certification is a material representation of fact upon which reliance was placed when this ansaction was made or entered into. Submission of this certification is a pre -requisite for making ntering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fai o file the required certification shall be subject to a civil penalty of not less than $10,000 and. not e than $100,000 for each such failure; and * Note: In t e instances, "All" in the Final Rule is expected to be clarified to show that it applies to cover- ontract/grant transactions over $100,000 (per QMB). 5. Debarment Sus•, sion and Other Res•onsibilit Matters The Bidder certi to the best of its knowledge and belief, that it and its principals: (a) Are not presen debarred, suspended, proposed for debarment, and declared ineligible or voluntarily exclu. , from covered transactions by any Federal department or agency. (b) Have not within a th -year period preceding this proposal been convicted of or had a civil judgment rendered ag. 1st them for commission of fraud or a criminal offense in connection with obtaining, attemp ' to obtain, or performing a public (Federal, State, or local) transactionor contract u r a public transaction; violation of Federal or State antitrust statutes or falsification or truction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for o 'therwise criminally or civilly charged by a government entity (Federal, State, or local) ' commission of any of the offenses enumerated in paragraph 1.b of this certification; an. (d) Have not within a three-year period p eding this application/proposal had one or more public transactions (Federal, State, or loc_ erminated for cause or default. (e) In addition, factors to be considered in deter parties shall include but not be limited to: ing responsibility of prospective contractual (1) Bidder does have availability of appropriate fina personnel resources and expertise, or the ability to o requirements; al, material, equipment, facility, and in them, to meet all contractual (2) Bidder does have a satisfactory record of performance; (3) Bidder does have a satisfactory record of integrity; (4) Bidder does possess qualified legal standing to contract with th 'ty; (5) Bidder will be in compliance in supplying all requested information c 'nected with the inquiry concerning responsibility; (f) Bidder has not had a termination, suspension, or cancellation of a City contra in whole or in part, for cause, due to a default by the bidder or offeror, within the past five ( ears, which has not been reversed on appeal by a court of competent jurisdiction; or (g) Bidder has not withheld a payment or nonpayment of moneys due the City from the : der or Offeror, within the past five (5) years, unless the full amount of such moneys due the ty 84 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED (i) BID FORM (Page 7 of 11) (h) have been deposited with a court of competent jurisdiction in Miami -Dade County,•Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court", as amended, or other applicable Federal, State or Local Rules of Court, and are subject to distribution to the city or withdrawal by the city by order of the court. e Bidder shall provide any information requested by the chief procurement officer or haling agent concerning responsibility. If such contractual party fails to provide the sted information, the determination of responsibility may be made upon available - Lion or the prospective contractual party may be found nonresponsible. The e contractual party may demonstrate the availability of necessary financial, facility, and personnel resources by submitting: p re•. infor prospe equiprne (1) The bidd= such necessa (2) Bidder affirms ill, upon request, furbish evidence that the contractual party possesses sources; s acceptable plans to subcontract for such necessary resources; or (3) Bidder will, upon re est, submit a documented commitment for, or explicit arrangement with, satisfactory sources provide such necessary resources. Where the prospective Bidder is unable certify to any of the statements in this certification, such Bidder shall submit an explanation to the C of Miami in writing. 6. Local Workforce Participation Require is The Bidder certifies to the best of its kno •ge and belief, that it and its principals: (a) have read and understood the provisi .s of City of Miami Ordinance 13332, codified as Section 18-89 of the City Code pe . ling to the local workforce participation requirements on a quarterly basis; (b) have identified in City Form Subcontractor ation ("SU") a third party independent who verifies and is properly licensed un. the provisions of F.S. 454,471,473, or 481 and who is not with the contractor; - ' d (c) the selected third party, who independently verifies mpliance with this section, must have a minimum of 2 years experience as req d in Ordinance No. 13332, codified as Section 18-89 of the City Code; Part IV; Certification — Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is awa of Section 553.60, et. seq., Florida Statutes, the Trench Safety Act, and will comply with all ap ' able trench safety standards. Such assurance shall be legally binding on all persons employed the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of complie with the applicable trench safety standards. Bidder acknowledges that included in the various items of the proposal and in the total Bid 'ce are costs for complying with the Florida Trench Safety Act. These items are a breakout of the respe e 85 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED BID FORM (Page 8of11) ems involving trenching and will not be paid separately. They are not to be confused with bid items in schedule of prices, nor be considered additional Work. Th ''dder further identifies the costs and methods summarized below: Quantity Unit Des .tion Unit Price Price Extended . Method Total $ 40 Attached is a Bid Bond [4, Cash [ oney Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], hier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ] No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this Bid and certifie o abstated in Part HI and IV by signing and completing the spaceslprovided below. Firms Name: /mil /ct c Ca. - Signature: Printed Name/Title: CO* C a(0za.-Qe City/State/Zip: ,ra 1 (Pta-v-icle7�� • Telephone No.: 9 g6 . 291 — 9 49 Facsimile No.:3' f6" 4 W- 803 f E-Mail Address: Social Security No. or Federal Dun and I.D.No.: ZO- 3 3 4S -7'5- Bradstreet No.: If a partnership, names and addresses of partners: ,!(-VAr 1.4.talv (if applicable 86 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED BID FORM (Page 9 of 11) State o CERTIFICATE OF AUTHORITY (IF CORPORATION) HEREBY CERTIFY that at a meeting of the Board of Directors of c, Cc, Sc, a corporation organized and existing under the laws of the Cc, , held on the J day of .7-it c. V. resolution was duly passed and adopted au' rizing (Name) �q r''o -70 k 2.-aae,13s (Title) . 5-e elt of the corporation to execute bi• •n behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporati• shall be the official act and deed of the corporation. 1 further certify that said resolution remains in full for -nd effect. IN WITN REOF, I have hereunto set my hand this /4, day of 20 O Secretary: Print: O G C„4- "� CE I HEREBY CERTIFY hat ICATE OF AUTHORITY PARTNERSHIP) a a meeting of the Board of Directors of a partnership organized and existing under the laws of the State of , held on the authorizing (Name) behalf of the partnership and provides that and deed of the partnership. day •f , a resolution was duly passed and adopted as . ' le) of the to execute bids on his/her exec . thereof, attested by a partner, shall be the official act I further certify that said partnership agreement remains in full Partner: Print: e and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand thi , day of , 20 TIFICATE OF AUTHORITY INT VENTURE) Joint ventures must submit a joint venture agreem t indicating that the person s , •ing this Bid is authorized to sign Bid documents on behalf of the joint ture. If there is no joint ven e agreement each member of the joint venture must sign the Bid and su it the appropriate Certificate •f Authority (corporate, partnership, or individual). 87 Beacom Project Area Improvements — Phase 1I ITB No.: 12-13-051 SUBSTITUTED BID FORM (Page 10 of 11) CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I H BY CERTIFY t I (Name) , individually and doing business as •/a) (If Applicable) have executed and am bound by the erms of the Bid to whic . is attestation is attached. IN WITNE WHEREOF, I have hereunto -t my hand this , day of , 20 Signed: Print: - 88 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED BID FORM (Page 11 of 11) STATE OCo rz`dc NOTARIZATION SS: COUNTY OF ► Gt- ;Sadie ) The foregoing in ument was acknowledged before me this A.-* day of 201. , by ,KA,3 , who is personally known to me or who has produced as identification and who (did / did not) take an oath. `$,1 SIG TUR o - NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMFEbbR TYPED NAME OF NOTARY PUBLIC par B PATRIOIA A. RIVERA A MY COMMISSION #EE73340 s EXPIRES; MAR 13, 2015 Bonded through 1st State Insurance 89 Beacom Project Area Improvements - Phase 11 ITB No.: 12-13-051 SUBSTITUTED Section 5- Attachments BOND FORM (Page 1 of 3) Stag 'f Florida ) Coun 'f Dade )SS: City of i MO ALL PERSONS BY THESE PRESENTS, that Maggotc, Inc. as Principal, _and erkle insurance Com•an as Surety, are held and firmly Five Percent of bound unto The City • la 1, in the penal sum of Amount Bid Dollars ($**********5%********* lawful money < of the United St, -s, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, execut presents. administrators and successors, jointly and severally, firmly by these THE CONDITION OF THIS OB •ATION IS SUCH, that whereas the Principal has submitted the accompanying Bid, dated July 14 , 2014 , for: BEACOM PROJECT AREA IMPROVEMENTS ' HASE II — D3 - PROJECT NO. B-40325 NOW THEREFORE: (a) If the principal shall not withdraw said Bid with •ne hundred twenty (120) days after date of opening the same, and shall within ten (10) day -fter the prescribed forms are presented to him for signature, enter into a written contract wi the City, in accordance with the bid as accepted, and give bond with good and sufficient Sure • or Sureties, as may be required, for the faithful performance and proper fulfillment of such contr- or, (b) In the event if the withdrawal of said Bid within the perio• ecified, or the failure to enter into such contract and give such bond within the time specified, i' Ee principal shall pay the City the difference between the amount specified in said Bid and the aunt for which the City may procure the required Work and supplies, if the latter amount be i cess of the former, then the above obligation shall be void and of no effect, otherwise too remain full force and virtue. 90 Beacom Project Area Improvements — Phase II ITS No,: 12-1-3-051 SUBSTITUTED BID BOND FORM (Page 2 of 3) WITNESS WHEREOF, the above bound parties have executed this instrument under thei -veral seals, this 14th day of . July 2014 the na - nd corporate seal of each party being hereto affixed and these presents duly signed by it- dersigned representative, pursuant to authority of its governing body. WITNESS: (If - Ownership, Partnership, or Jo . Venture, two (2) Witnesses a equired. If Corp • ration, Secret only and affix - I:) See Power of Attorney Attached Surety Secretary PRINCIPAL: Maggolc, Inc. (Name of Firm) Affix ee,a1 (Si ature of authoriz-d offi er) i (Title) 11020 SW 55 Street (Business Address) Miami, FL 33165 State Zip Surety: (Corporate Surety) Affix ( 'Be ' Insurance Company Seal i nature o utharized Officer) Michael A. onet, Attor -In-Fact & FL Resident Agent (Title) 7380 Sand Lake R. •, Ste. 500 City (Business Addre Orlando, FL 32819 State Zip 91 Beacom Project Area improvements — Phase 1i ITB No.: 12-13-051 SUBSTITUTED BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL f, (G 6, L Eel(' , certify that I am the Secretary of the Corpo ion named as Principal in the within bond; that AM/2/0 60 0 ZA ( 7i f 65I1& kcTof said co r• etion; that I know his signature, and the signature hereto is genuine; and that said bond was duly signe+ sealed end attested for and in behalf of sation by `authority of its governing body. STATE OF FLORI COUNTY OF DADE CITY OF MIAMI Before me, a appeared Michael A. upon oath, says that he/she is he/she has been authorized by the Contractor named therein_ in favo Subscribed and sworn to before INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions to Bidders ,'� orpor (Corporate Seal) tary Public duly commissioned, and qualified, personally to me well known, who being by me first duly sworn et ttorney-in-fact, for the Berkley Insurance Company - and that Be -y Insurance Company to execute the foregoing bond on behalf of The Ci of Miami, Florida. 92 Beacom Project Area Improvements — Phase II th_ day of Jrul 2014 o, State *f Florida at Large My Commission Expires: November 7, 2015 Notary Public State of Florida e Carmen E Pihot i, My Commission EE144302 Expires 11/07/2015 ITB No.: 12-13-051 No. BI-10071 a) cn v • 0 b,o •� 7-1 c" cd 3 � o .1-4 tj o U rti 1-0 0 H • 0 3 0 b sty o° O U ct a � H 0 nj o 2 V O r e a� ai 0 cd 7,4 I o C7 4 a) POWER OF ATTORJ B S T I T U T E D BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE TICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. K ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a -corporation duly organ d and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and app..ted, and does by these presents make, constitute and appoint:. Roy V. Fabry or Michael A. Bonet of Kahn -Carlin & Co., Inc. iami, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, ackno' .ge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single . igation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been • executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper person This Power of Attorne all be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to t .rinciples of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly . d validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respe, o the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby. authorized to eeute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds,- undertakings, reco zances, or other suretyship obligations on behalf of the Company, and to affix the corporate' seal of the Company to po of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of . .rney previously granted; and further RESOLVED, that such power of attorney is the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically n. -d therein, and they have no authority to bind the Company except in the .manner and to the extent therein stated; and .forth RESOLVED, that such power of attorney revoke further RESOLVED, that the signature of any authorized of i and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the , ecution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signa'. - and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to us: .r the purposes herein stated the facsimile signature of any person or persons who shalt have been such officer or officers o . e Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issue 1 previous powers issued on behalf of the attorney -in -fact named; and IN WITNESS WHEREOF, the Company has c4u s d these presents to corporate seal hereunto affixed this 22_ day of J c, , 2013. (Seal) Attest: By Ira S. Lede Senior Vice President & Secretary signed and attested by its appropriate officers and its Berkl surance Company By nior V after esident WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" URITY PAPER. STATE OF CONNECTICUT ) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this day of G'61, Jeffrey M, Hailer who are swom to me to be the Senior Vice President and Secreta Berkley Insurance Company. and th 3, by Ira S. Lederman and esident, respectively, of T 1 a.. Notary Public, State ofC. pectic ., ,., TICUT- CERTIFICATE MY COMM(BORES OCTOBER 31, 2017 S enn(eCip I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the egoing is a true, correct and complete copy of the original Power of Attorney; that said Powe %of Attorney has not been revoked . escinded and that the authority of the Attorney -in -Fact set forth therein, who executed t e bond or undertaking to which this 'wer of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this i T day of (Seal) • SUBSTITUTED SUPPLEMENT TO BID FORM: QUESTIONNAIRE Thi ompleted Form Must Be Submifted With The Bid, The City May, At Its Sole Discretion, Requ That The Bidder Submit Additional Information Not Included In The Submitted Form. Such I •rmation Must Be Submitted Within Seven (7) Calendar Days of The City's Request. Failure ubmit The Form Or Additional Information Upon Request By The City Shall Result In The RejecOf The Bid As Non -Responsive. Additional Pages May Be Used Following The Same Forma nd Numbering. By submitting its A. 1. Business In How many year a. Professional Lic the Bidder certifies the truth and accuracy of all information contained herein. ation s your company been in business under its current name and ownership? / years es/Certifications (include name and number)* Issuance Date guy loft.i,,,i7 focAyi) )— - Gm-�� � A pr Ercew eo � r ( e ' <icr�'/a2�'5 �;) ac 4 &,�q' #1/ /o24 6ti _,p C�dv�- Saffow7 G t5it.�2�sS c??-uses 6Der t/01Zs rincludb active certifications of communi all business enterprise & name of certifying entity) b. Date company licensed by Dept. ,�. / Y— c. Qualified Business License: es \ o If Yes, Date Issued: 4 5;4 -C27' S' d. What is your primary business? 4y7 (" (This answer should be specific. For example; paving, e. Name off -Qualifier, license tuber, and relatio f. Names of previous Qual fiers during the past five (5) relationship to company and yeas as qualifier for the 2. Name and Licenses of any prior companies Name of Company 3. Type of Company: ❑Corporation "S" Corporation❑LLC❑Sole Proprietorship❑Other: (Corporations will be required to provide a copy of their corporate resolution prior to executing a contra License No. I A- ifiage, schools, interior renovations, etc.) ip to company: ; CaC /?.2188,g "4-4op4- /6/-, ("fi r/ a "f' �/ ��`-v4... ars including, Hoed e numbers, c. any Issuance Date 93 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Company Ownership a. Identify all owners of the company. Name Title % of ownership . Is any owner ntified above an owner in another company? Yes Q No If yes, identify t name of the owner, other company names, and % ownership identify aII individuals aut ized to sign for the company, indicating the level of their authority (check applicable boxes and other provide specific levels of authority) Name Title Signatory Authority aarr-d- 601.ecigiz /1-P Explanation for Other: e/C All ost No -Cost Other El El (Note: "All" refers to any type of document including but not limite requests (CPR), change orders (CO), notices, claims, disputes, etc. to RFIs, Notices, and other similar documents) 5. Employee Information Total No. of Employees: % 2- Number of Managerial/Admin. Em..yees: Z' Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) ❑ ❑ El • -Pr Re How many employees are working under H2B visas? /d0'"e contracts, amendment, change proposal " refers to CPRs, COs. No -cost refers a J Asp CLS9 - 4 94 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED Has any owner or employee of the company ever been convicted of a federal offense or moral turpitude: If yes, please explain: 7. surance & Bond lnformation �7 surance Carrier name & address: er r - (,y f e-�c a �-u � � -' -� s CJ ,cu 6 Id R fi 33 0 -4 b. Insuran, ' Contact Name, telephone, & e-mail: ��..rh G� 5q -: 35 Zj "74er'-e Ftry, ?10,,:5-gs"---.? 33" csrz 'eat f ri,s c. Insurance Expe •nce Modification Rating (EMR):- (if no EMR rating please explain why) d. Number • of Insuranc- !aims paid out in last 5 years & value: Ose,e_ — 4i0270f' e. Bond Carrier name & a•• -ss: • f. Bond Carrier Contact Name, tele ki-it,„,4 30,1446-7z- ?'/ rt- g. Number of Bond Claims paid out in last 8. Have any claims lawsuits been file against yo where your company has either settle or an a company. Identify the year basis for the claim or j settlement is covered by a written confidentiality ag it-4414 - eit-4„ Qel,t_fcL-7 -1-6-y 4E001 ��., ( G 33 / 35 one, & e-mail: go Gal-t gtri-td k• ars & value: lV ompany in the past 5 years, If yes, identify all se judgment has been issued against your ment & settlement unless the value of the re, ent. 9. To the best of your knowledge is your company or any officerf your company currently under investigation by any law enforcement agency or public entity. If + , provide details: 10. Has your company been d liquidated damages or defaulted on a • eject in the past five (5) years? Yes 11 No I'i-s, provide an attachment that provides a xplanation of the project and an explanation. 11. Has your company been cited for any OSHA violations in the past five (5) years yes, please provide an attachment including all details on each citation, Aid 12. Provide an attachment listing all of the equipment, with avalue of $5,000 or greater, ned by your company. C -� 4-5.7' cd a_G 95 Beacom Project Area Improvements .- Phase II ITB No.: 12-13-051 SUBSTITUTED Project Management & Subcontract Details Project Manager for this Project: a. Name: Years with Company: c Li• ses/Certifications: rojects with the company including role scope of work, val of prolect � 14,�y J� —�C --.*-P er d. Last fit' t�-�i• .�1-'a`.^=,-�`e'�j {� ' �-e�� - ec9!<' • Vet s l'-ter- , �� j -rT j 6-7. A3 .- ® '5 C - 2. Subcontractors:. Name e.,-_fit-��y- --�c� vt-� .�- 4 Z5 C�e� �,=e • % of Work License No. Certification* - l %0s5ci1-7"/ 1 ¢ ,9i %(2_�iU ,b eOC1,t)7 / (*active certifications of community small busines terprise & name of certifying entity) 3. Scope of actual construction work to be perfo -d by your company and the corresponding percentage of the work: (This does not include such items a urance * bonds, dumpsters, trailers, and other similar non - construction work items) C. Current and Prior Experience: 1. Current Experience including projects currently under con ction, recently awarded, or pending award (Provide an attachment to this questionnaire that I all such projects, including the owner's name, title and value of project, scope of work, pr • ted or actual start date, projected completion date, and number of company trades personnel . igned to the project) 's Questionnaire that e and complexity ponsibility. This s identified by and contract I value and and the t. The tc. is or ad-4 /61eLeiz-gi,-,e,-d-. 2. Prior Projects of a similar size, scope and : Provide an attachment to includes Completed Projects the Proposer considers of a similar, size, that the City should consider in determining the Bidders responsiveness and attachment must include the project that meets the minimum number of pro the bid solicitation. Information provided must include the owner's name , addre person, including telephone & e-mail, title of project, location of project, scope, in final cost of the project, projected and final timeframes for completion in calendar number of company trades personnel, by classification, that were assigned to the pr delivery method, including, but not limited to; design -build, CM@Risk, Design-Bid-Buil to be identified for each Project. If there is a difference between the initial and final 96 Beacom Project Area Improvements - Phase 11 ITB No.: 12-13-051 c SUBSTITUTED initial and actual timeframe provide details on why the differences exist. A reference letter is to be completed by the owner of the Project and submitted as part of the Bid submission. Bidder's References Bidders are to include a minimum of five (5) references from completed projects listed in C.2 ove. The attached form is to be used and is to be included with the Bid submission. The City, a ' s sole discretion may allow the Bidder to submit the references after the specified date for Bi• bmission. 97 Beacom Project Area Improvements — Phase 11 ITB No.: 12-13-051 SUBSTITUTED To W . , it May Concern Subject: ° ference Letter Name of Bid The above refe We require that th document the Con appreciate you provi pertinent Name' of Project: ga Scope: of work: Q(,(it Ii? Value -of project: $ ti Signature: Telephone: Citp of Miami Tony E. Crapp, Jr. City Manager ced contractor is submitting on a bid solicitation that has been issued by the City of Miami. idder provide written references with their Bid submission and by providing you with this tor is requesting that you provide the following reference information. We would the information requested below as well as any other information your feel is fo Poe *,)AcYg 6.'19E6 ItAs Vet F\?aS Ii5 p Date Completed: (, j tJ,I Ori7 ?Q-e4, G/i/1f Percentage of physical construction self -performed by Contractor: gV % Was project completed on time & within 1 .get: Yes ❑ No If no, was the contractor at fault or contribute •the delay(s) or increased cost? Yes NoI Lt If yes, please provide details: Comments: jA et Cj r ,0 k kM?-f- /j y Oiciw 96 -e2 Thank you for your assistance in helping us in evaluating our bid solicitation. aJgnlL%6 Cpe J Da 3%f(/)/ Name of individual compeeen this form: (1q 3os) z66, -635R Sincerely, Albert Sosa, P.E. Assistant Director of Infrastructure Title: E-mail: ?Ail/ CoetrO 01 Siv; Pit/ 103 CDBG - SW 19th Terrace Improvements, B-30695 ITB No: 10-11-010 SUBSTITUTED JOHNNY MARTINEZ, P.E, City Manager Whom it May Concern 'cot: Reference Letter Na of Bidder: f 6 6aLC .-"tea . The a•. referenced Contractor is submitting on a bid solicitation that has been issued by the City of is We require that the Bidder provide written references with their Bid submission and by pro •ing you with this document the Contractor is requesting that you provide the following ref ce information. We would appreciate you providing the information requested below as well : ny other information you feel is pertinent: Name of Project. I Yi7(7- re.55 / :ha --`77'a ve, i"'i e--"— 4S Scope of work: Value of project: $ 3 , aDate Completed: N0v1 ? i2 Percentageof work self pe rued by Contractor: Was project completed on tim ' within budget: Er Yes ❑ No If no, was the contractor at fault • ontribute to the delay(s) or increased cost? ❑ Yes ❑ No If yes, please provide details: n .619r -%_ d,',1 1 '� %tl �G. J Ur fiz L r�z- � iti � vie, VrCJPvef Jajb (c_ 0-ePorP Comments: q' (')rte- C''.`a5 '51LaI f e•spP/Y7,i v-e__ r Gcfl,s%C `� arUtie, -FLU •5 , Thank you for your assistance in helping us in evaluating our bid 'citation. Name of individual completing this form: 6c-; '1`-'G?44- Date: (-- Signature: Telephone: b5-.43- Sincerely, Mark Spanioli, P,E., Director Capital Improvements Program Beacom Project Area Improvements — Phase 1 92 Title: E-mail: l ITB No.: i2-43-011 1Y,laY11r r'inecrestt Public Works SUB TI1 JTED p'1 JOHNNY MARTINEZ, RE City Manager To om it May Concern Subje. Reference Letter Named '•der: W/1 G 016,C '-. The above renc:d Contractor is submitting on a bid solicitation that has been issued by The City of Miamie require that the Bidder provide written references with their Sid submission andby providl ouwith this document the Contractor is requesting that you provide the following referen formation. We would appreciate you providing the information requested below as well as an her information your feel is pertinent r ar''k',2dd. e,e ..,[<.1c halter-- Name of Project: � �` ` � �'� Scope of work: r) f A r; E 4 A/1 Qd4 AiJ,4{Y r4iP,e0v E Value of project $ �p:ll�[II.9p 2 cr)Date Completed: / 2- Was to eat completed on time & within dget: C- Yes ❑ No If no, was the contractor at fault or contrib o the delay(s) or increased cost? ❑ Yes ❑ No If�yes, please provide details: A p Comments: Thank you for your assistance in helping us in evaluating our bid solicitatio Name of individual compieti Is form: Dfl-IU M OkEir r7i _ Signature: Title: Pi /8- J tC% Telephone: 30 c. --.- j Sincerely, Mark Spanioli, P.E., Director Capital Improvements Program 2-* 3 E-mail: t✓1 t1�.(l c Pt ITB No. 12-13-048 NW 14th Street Health District SUBSTITUTED JOHNNY MARTINEZ, P.E. City Manager To " mom it May Concern Subje, Reference Letter Name o •der: A4.G60 G a The above 'erenced Contractor is submitting on a bid solicitation that has been issued by the City of Miami. e require that the Bidder provide written references with their Bid submission and by providi ou with this document the Contractor is requesting that you provide the following referent. formation. We would appreciate you providing the information requested below as well as an 'ther information your feel is pertinent: ye Name of Project: . ere�of /c/a' or- �rzi / c�- ?- r°�rJ� s Scope of work: Value of project:' $ Date Completed: Percentage of work self -perform by Contractor: 80 Was project completed on time & 'n budget: KJ Yes ❑ No If no, was the contractor at fault or con .ute to the delay(s) or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: :QC p,. work, Thank you for your assistance in helping us in evaluating our bid solic Name of individual completing this form: Signature: Telephone: Sincerely, Mark Spanioli, P.E., Director Capital Improvements Program ITB No. 12-13-048 NW 14th Street Health District SUBSTITUTED To Who Subject: R May Concern ence Letter Name of Bidde The above refere d contractor is submitting on a bid solicitation that has been issued by the City of Miami. We require that the . '.der provide written references with their Bid submission and by providing you with this document the Contra, ar is requesting that you provide the following reference information. We would appreciate you providi the information requested below as well as any other information your feel is - pertinent: Name of Project: Scope of work: TC S cr.( G�J U,v a)/ Value: of project $ / ca Date Completed: ,6C 236 Z O d r Percentage of physical construction wo elf -performed by Contractor: 20 % Was project completed on time & within b ' et: Yes C No If no, was the contractor at fault or contribute he delay(s) or increased cost? E Yes ❑ No If yes, please provide details: Co ,v -5irr r bAj eF- 4_51,04,4i -z c 71--0� arc v r 4 A t r c. / c. 74..V/Ai ' /./ 'G 4 c f G- /Ca3 'Gap /t. -0 r el_44 - I a C,4 Le-(/P'a p V/ G � , __0(i7-4-41C7-c)ze__. I/6 fi_y 4E4 I AA - .4 ec-% 447/Y6- , JOHNNY MARTINEZ, P.E. City Manager 3l C /J4-� 43/1- 4/ dam. J 440 - a-1 Comments: Thank you for your assistance in helping us in evaluating our bid solicitation. Name of indivi mpleting this fore: JB 4acf.r,j A , verd 1d49fr Dat- G . 2 S'� / 3 Signature: " Title:C.:041.5/:' rdi41)/nl4�o a4.0tr auNt y Telephone: ' `� 3 E-mail: / C-cc ica m { aitct rl c,o Sincerely, b`1 2,C(7_7 g Mark Spanioli, P.E., Director Capital Improvements Program ITB No. 12-13-048 NW 14th Street Health District PWrJ SUBSTITUTED JOHNNY MARTINEZ, P.E. City Manager To + om it May Concern Subje. Reference Letter Name o 'dder: The above erenced Contractor is submitting on a bid solicitation that has been issued by the City of Miami. e require that the Bidder provide written references with their Bid submission and by providi you with this document the Contractor is requesting that you provide the following referenc 'nformation. We would appreciate you providing the information requested below as well as an ether information your feel is pertinent: �daev& �" rr12at Name of Project: 6.e.¢ cT%'��' cxge Scope of work: ail t h i AJ(�1LtOtLt� It-��t Value of project: $ 42. 't%c) Date Completed: _ Percentage of work self -perform by Contractor: Was project completed on time & w 'n budget: I / Yes ❑ No If no, was the contractor at fault or con •ute to the delay(s) or increased cost? ❑ Yes ❑ No If yes, please provide details: L14 C AJ Comments: Thank you for your assistance in helping us in evaluating our bid solici . 'on. Name of individual comp) tingthis form: ... E7i Date: — 2 6 - 13 Signature: Telephone: Sincerely, Mark Spanioli, P.E., Director Capital Improvements Program ITB No. 12-13-048 Title: E-mail: NW 14th Street Health District 1Cf„�,Ct:f`v"„ SUBSTITUTED SUPPLEMENT TO BID FORM CUSTOMER REFERENCE LISTING (Page 1 of 1) 'ciders may furnish the names, addresses, and telephone numbers of firms or government o nizations for which the Contractor has provided services in addition to the minimum five (5) pro . ts of a similar size, scope, and complexity. ��'' "" /,G� Company Name �-e e- L`-S I a-C Address Contact Person/Contract Amount Telephone No.: /Fax No. parry Name Addr Contact son/Contract Amount Telephone ` • /Fax No. Company Name Address Contact Person/Contra mount Telephone No.: /Fax No. 4) Company Name Address Contact Person/Contract Amount Telephone No.: /Fax No. 5) Company Name Address Contact Person/Contract Amount Telephone No.: IFax No. 98 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED SUPPLEMENT TO BID FORM: FFICE LOCATION AFFIDAVIT (Page 1 of 3) P se type or print clearly. This Affidavit must be completed in full, signed and notarized ON IF YOU MAINTAINANOFFICE WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI AS D NED BY CITY CODE SECTION 18-73. 4- Legal Name Firm: Entity Type: (ck One) ❑ Partnership ❑ Sole Proprietorship ❑ Corporation Corporation Docum- N Occupational License No: PRESENT Street: Address: City: PREVIOUS Street Address: City: Date Established Date of Issuance it a ocat► n {Estabtisf rnen afthe.b rider/ State: How long at this location: State How long at this location: According to Section 18-73 of the City of Miami Code, s amended: City of Miami "Local Office" means a business within the City ich meets all of the following criteria: 1) Has had a staffed and fixed office or distribution point, operate within a permanent structure with a verifiable street address that is located within the corporate limits the city for a minimum of twelve (12) months immediately preceding to the date bids or proposals e received for the purchase or contract at issue; for purposes of this section, "staffed" shall mverifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per cal- •ar week, whether as a duly authorized employee, officer, principal or owner of the local business; a . ,st office box shall not be sufficient to constitute a local office within the city; and 2) if the business is located in the permanent structure pursuant to a lease, h lease must be in writing, for a term of no less than twelve (12) months been in effect for no Tess =n the twelve (12) months immediately preceding the date bids or proposals were received, and be a 'table for review and approval by the chief procurement officer or its designee; for recently executed . -ses that have been in effect for any period less than the twelve (12) months immediately preceding t date bids or proposals were received, a prior fully executed lease within the corporate limits of - city that documents in writing continuous business residence within the corporate limits of the city fo - term of no less than twelve (12) months immediately preceding the date bids or proposals were recei • shall be acceptable to satisfy the requirements of this section, and shall be available for review and ap• •val 100 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 2 of 3) /0,4 by - chief procurement officer or its designee; further requiring that historical, cleared rent checks or other t payment documentation in writing that documents local office tenancy shall be available for review' - • approval by the chief procurement officer or its designee; and 3) Has ha were receive city and Miami- r a minimum of twelve (12) months immediately preceding the date bids or proposals r the purchase or contract at issue, a current Business Tax Receipt issued by both the de County, if applicable; and 4) Hashad, for a were received for th certificate of use requir said business operations; imum of twelve (12) months immediately preceding the date bids or proposals urchase or contract at issue, any license or certificate of competency and by either the city or Miami -Dade County that authorizes the performance of d 5) Has certified in writing its • pliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration u 'er this section; provided, however, that the burden of proof to provide all supporting documentation in pport of this local office certification is borne by the business applicant submitting a bid or propos According to Section 18-85(a) of the "when a responsive, responsible non -local b one or more responsive, responsible local bi Section 18-73, is within fifteen percent (15%) o non -local bidder and each of the aforementioned opportunity to submit a best and final bid equal to or submitted by the non -local bidder. Contract award sh bidder submitting the lowest best and final bid. In the c local bidder and a non -local bidder, contract award shall of Miami Code, as amended: er submits the lowest bid price, and the bid submitted by s who maintain a local office, as defined in City Code e price submitted by the non -local bidder, then that sponsive, responsible local bidders shall have the er than the amount of the low bid previously e made to the lowest responsive, responsible of a tie in the best and final bid between a bade to the local bidder." The intention of this section is to benefit local bona fide bi 'ers/Bidders to promote economic development within the corporate limits of the City of Miami. I (we) certify, under penalty of perjury, that the office location of our fi has not been established with the sole purpose of obtaining the advantage granted bona fide local bid•:./Bidders by this section. Authorize Signature Print Name l;;_. Title Authorized Signa e Print Name Title Authorized Signature Authorized Signature 101 Beacom Project Area Improvements - Phase II ITB No.: 12-13-051 SUBSTITUTED SUPPLEMENT TO BID FORM: > OFFICE LOCATION AFFIDAVIT (Page 3 of 3) /,. 4- ( the t be signed by the corporate secretary of a Corporation or one general partner of a partnership or rietor of a sole proprietorship or all partners of a joint venture.) NOTARIZATION STATEOF FLORID • OUNTY OF DADE That: personally appeared before me and acknowledged the -going instrument as his/her act and deed. That he/she has produced _ as identification. TARY PUBLIC: My mmission Expires: Please submit with your Bid Form copies «f Dade County Business Licenses, profess! preference. The City of Miami also reserves th corporate income tax filing return and any other office. Occupational License, City of Miami and Miami al and/or trade License to verify local office ight to request a copy of the corporate charter, cuments(s) to verify the location of the firm's 102 Beacom Project Area Improvements — Phase II ITB No.: 12-13-051 SUBSTITUTED CERTIFICATE OF COMPLIANCE WITH SECTIONS 18.87 and 18-89 OF THE CITY CODE y7 (S•D-vt.e. 7/ ipal) of [ i a gd Cam'-Gf hereby certify that: am the (President/Secretary or (Respondent Firm); ii) I have ad Sections 18-87 and 18-89 of f the City of Miami Procurement Code; iii) (Respon • t Firm) /a i the awarde• •ntract has an on -site labor component greater than or equal to twenty-five percent (25%), d therefore agrees to assign a minimum of fifteen percent (15%) of the contract value to s currently certified by Miami -Dade County as a Community Small Business Enterprise ( BE"); OR iv) (Respondent Firm) C C hereby is certified by Miami - Dade County as a CSBE firm - • will self -perform to meet the minimum fifteen percent (15%) CSBE requirement. An active cop •f the respondent's CSBE certification must be included bid document. v) (Respondent Firm) /LPGC with the Local Workforce Partici a'tfon R irements stated in Section 18-89 of the City of Miami Procurement Code. vi) OPTIONAL: vii) (Respondent Firm) assignments pursuant to Item II), above, to certi CSBE firms wh Office', as defined in City Code Section 18-73; • hereby acknowledges that STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) SS G -f • hereby agrees to comply Bef r me, a Not Public duly pmmi oned, qualified and acting person q' t-i" QB'`-i t & to me well known, who bein uport oath says that he/she has been authorized to execute the foregoing Certi with Section 18-89 of the City of Miami Procurement Code on behalf of Responde therein in favor of the City. Subscribed and S or to before me this hereby agrs to make a "Local My commission expires: Imo, `� i q,O. er q\AM,I,NUAgt Nota Bonded by(� 103 Beacom Project Area Improvements — Phase II il :ii , ..ear-. me f :t duly sworn e of Compliance irm named ublic, State of Florida at Large PAIR ti . RIVERA MY COMMISS "EE73340 Itg." EXPIRES: MAR 2015 N+i Sandal through 1st SIa,. urance p0.Y PUA ITB No.: 12-13-051 SUBSTITUTED Name of Bidder/Proposer: Address: liD49'6, taJ Project Name: Contract Dollar Amount: i THIS FO' MUST BE COMPLETED BY BIDDERS/PROPOSERS FOR PROJECTS WITH CSBE REQUIREMENTS COMMUNITY CHEDULE OF INTENT AFFIDAVIT (S01) ALL BUSINESS ENTERPRISE PROGRAM ("CSBE") This section must be:com completed b the Bader/Pro oser and the CSBE Subcontractor that will be utilized or scopes of work on the project is y p r lJ�-%rs ges / i 0 . / t /tom.:. !FL 3/ 6. 5— Phone No.: --7 6 - 2--9/ 7-9'4- 9 (70 /....e.6a --. - L !." rojectNumber: P¢d,3o2�i 15% CSBE DollarAmount / a— , Q, . Arilt.BLIL I Name of Prime Bidder/Proposer Certification No. (if applicable) Certi tion Expira Date (if applic le) Type of CSBE work to be performed by the Bidder (if applicable) Bidder's self performance percentage (%) of Contract Value Total Dollar ($) Amount of Bidder's self performance ' �a d�, Z-G g t a-/ - 4- 6/A3 > � 9�, Ai0 ?6 �d -7 86 -N , � u e lined intends to perform the following wor in nnec with the above contract: Name of Sub -contractor Certification No. Certification Expiration Date Type of CSBE work to be erformed by the sub- tractor Sub -contractor percentage (%) of Contract Value Total Dollar ($) Amount of sub -contractor's CSBE requirement A___ n �wledge. I affirm that I will enter into sub -contractual agreement(s) with the above listed CSBE sub -co tra or(s) if war ed this contract. Copies of the agreement(s) will be immediately made ailable to the City of Miami as required. Prima Bi r/ ro oser Signature �� ill arm, zh - Date Prim Bidder/Pro. .er Print Name /? Title The undersig e has reasonable and uncommitted capacity sufficient to provide the rered goods or services, all licenses and permits necessary to provide such goods or services, ability to obtain bonding that is reasonably required to prs 'de such goods consistent with normal industry practice, and the ability to otherwise meet the bid specifications. Sub -contractor Signature Date Sub -contractor Print Name Beacom Project Area Improvements — Phase 11 104 ITB No.: 12-13-051 Title certify at the repr sen ations contained in this form are true and accurate to the best of my SUBSTITUTED Project No. B- 40 3 Z S� CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM SUBCONTRACTOR UTILIZATION e-d- ��-- This Form must be submitted with a Bidder's Bid subm .ion. Failure to submit this Exhibit with the Bid will result in the bid being rejected as non -responsive. The City in its sole discretion allow t Bidder to submit the Exhibit after Bids are due. Sheet No. 1 of roject Title: Provide the following information for each subcontractor regard .s of tier.* Attach additional sheets if necessary. Name of Business Portion of Work Dollar Amount Percent Add s/CitylState/Zip License Information** Business SBE Certification**** CSBE DBE Type Number a irr w %h N ¢,, -(6 9 3 Cd zzzz , / 94 Ave /065GbC1t [� E Oay..ZZ 33 /40 0 0 CJ NI N 0 0 0 LJ 0 0 EJ EJ 0 El 0 0 0 � 0 0 0 II 0 0 0 0 ® 0 * All tiers must be shown, including multiple sub -tiers, if permitted by the Contract Documents. **List only those relevant to this Project. *** Must be certified by either Miami -Dade County, State of Florida, or the Federal Government SUBSTITUTED M Co ENGINEERING CONTRACTOR— LIC: E-251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786-291-2949 FAX: 786-472-8831 maggolcamahoo.com MAGGOLC INC. EQUIPMENTS 1- Bob t S-250 Frontal Loader, 2009 2- Bobc- -750 Frontal Loader, 2011 3 Bobcat ` ling Attachment 4- Two (2) K- Hammer 5 Service Truc ord F-450, 2006 6- Wylie Water Tr. er 7- Pick-up Truck F- 8- Flat bed Trailer 12 9- Flat bed Trailer 15 To 10-Two (2) Wacker Compa •r 11- Bobcat Sweeper Attachmt 12- Dumper Truck International, .06 13- Roller Compactor Caterpillar ( on) 14- Water Truck 2006 15-Dumper Truck Western Star, 2013 16- Flat bed Trailer 25 Ton., 2014 Rent Equipments for temporary jobs: - United Rentals - Kelly Tractor -Sunbelt Rentals -Neff Rentals Rent Dumper Trucks: -Allied Trucking of Florida - Arly Trucking SUBSTITUTED MGtflI I IC ENGINEERING CONTRACTOR - LIC: E-251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786-291-2949 FAX: 786-472-8831 maggofcayahoo.com CONTRACTS PERFORMED BY MAGGOLC INC. 1-Drainage Im• •vement for NW 22 CT from NW 107 ST to NW 112 ST, ($318,000) (Miami -Dade County Public Works Dept., Co eted Dec. 2007). (Alberto Estevez 786-256 2627). (esteva@miamidade.gov) 2-Various Park Par Dept, Completed March Lot Re -striping & Wheel Stop Replace. ($24,500) (Miami -Dade Park and Recreation 08). (305-596 4460) 3-Seal Coat and Re-stripi of Station 13/ Logistics Parking Area. ($19,000) (Miami -Dade Fire Rescue Dept. Completed July 2008). (786-3 4529) 4-Norman and Jean Reach Completed June 2008). (3.05-596 4 Foul ball Netting. ($25,000) (Miami -Dade Park and Recreation Dept., 5-Olympic Park Concrete Sidewal onstruction. ($184,000) (Miami -Dade Park and Recreation Dept., Completed July 2008). (Dan Crawford 30 •6 4460) (dc93@miamidade.gov) 6-Dolphin Archaelogical Site Concrete Sid _ alk Construction., ($114,084) (Miami -Dade Park and Recreation Dept., Completed July 2008). (Dan Crawford 30 96 4460) (dc93@miamidade.gov) 7-Countywide Repair of Existing Asphalt Pave 't. (Milling & Resurfacing) ($949,990) (Florida Department of Transportation, Dist. Six, Executed the year 2008 d renewed for to year 2009 and 2010, Completed June 2011). (Janice Corn 305-256 6359) (Janice.corn@dot.st--.fl.us) 8-Countywide Intersections Improvement, Roadway a Drainage. ($443,637) (Miami -Dade County Public Works Dept., Completed Dec. 2008). (Joaquin Rabassa 305-2 ' 9822) (jra@miamidade.gov) 9-West Perrine Park Concrete Slabs, Sidewalks and Poure in Place. ($34,000) (Miami -Dade Park and Recreation Dept., Completed January 2009). (305-596 4460) 10-West Little River Asphalt Driveways Phase IV-B. ($68,000) (Mia ' Dade County Office of Community and Economic Development, Completed January 2009). (Mario Berrios 786-4• 112) (mberr@miamidade.gov) 11-Brentwood Pool Park New Asphalt Walkways. ($34,000) (City of Mia Gardens, Completed April 2009). (305-622 8000) (jallen@miamigardens-fl.gov) 12-Country Club of Miami Parcel 1169 & 1168-E New Asphalt Walkways. ($17: ' 0) (Miami -Dade Park and Recreation Dept., Completed July 2009). (Dan Crawford 305-596 4460) (dc93@miami► •e.gov) 13-Country Club of Miami Grading, Sitework & Greens. ($107,000) (Miami -Dade Pa -nd Recreation Dept., Completed August 2009). (305-596 4460) 14-SR 907 (Alton Rd) at Allison Dr. for Drainage and Retention Improvements. ($134,000) S OT, Completed December 2009) (Anthony Sabbag 305-256 6380)(anthony.sabbag@dot.state.fl.us) 15- West Little River Asphalt Driveways Phase IV-D. ($35,000) (Miami -Dade County Office of Co Economic Development, Completed December 2009). (Mario Berrios 786- 469 2112) (mberr@miamida unity and ov) SUBSTITUTED 16-District 2- Sidewalk Repair Project II ($75,300) (Public Works Dep. City of Miami, Completed March 2010) (Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson@miamigov.com) 7-BlueRoad Roundabouts Re -Bid ($145,000) (Public Works Dep. City of Coral Gables, Completed March 0) ( 305-460 5018) (epino@coralgables.com) 18- •or Drive Lighting. and Resurfacing Improvement ($270,000) (Public Works Dep. Village of Key Biscay April 2010) (786-255 6765) (anunez@keybiscayne.fl.gov) 19-Distric - Sidewalk Repair Project II ($95,990) (Public Works Dep. City of Miami, Completed September 2010) (Fabio •ubuisson 305-416 1755 & 305-801 7816) (fdubuisson@miamigov.com) 20-Golden Shore rk Pavers Sidewalk ($23,895.00) (Public Works Dep. City of Sunny Isles Beach, November 2010) ( 305-947 060 gbatista@sibfl.net) 21-AD Barnes Park A alt Walkways ($86,615.00) (Miami -Dade Park and Recreation Dept., Completed December2010) (305-755 85) (rttolon@miamidade.gov) 22-Installation of Sidewalks d Ramps along NE 12 Ave ($123,750.00) (Public Works Dep. City of North Miami, Completed December 20 (Gerardo Hernandez 305-893 6511) (ghernandez@northmiamifl.gov) 23-Intersection Realignment SW 1 Terr & SW 140 Dr. and East Guava Street One Way Street Conversion ($36,775) (Public Works Dep., Vil - - of Palmetto Bay, Completed December 2010) (305-969 5011) (dcasals@palmettobay-fl.gov) 24-District #3 Citywide ADA Sidewalk Imp ements, ($107,414) (Public Works Dep. City of Miami, Completed February 2011) (Fabiola Dubuisson 305 416 1 • & 305-801 7816) (fdubuisson@rniamigov.com) 25- District #1 Citywide ADA Sidewalk Improveme , ($155,523) (Public Works Dep. City of Miami, Completed May 2011) (Fabiola Dubuisson 305 416 1755 & 305-80 816) (fdubuisson@miamigov.com) 26- MIA Building 3050 Parking Lot Drainage & Asphalt rovement ($103,000) (Aviation Department Miami - Dade County, Completed May 2011) (Greg Tai 305-876 844, •tai@mikegconst.com) 27- MIA- NW 67 Ave & NW 36 Street Intersection lmpro Department Miami Dade County, Complete July 2011) (John Peter ents ($65,000), (concrete works) (Aviation 305-622 8000) (jpet@mikegconst.com) 28- District #4 Citywide ADA Sidewalk Improvements, ($149,397) (' •lic Works Dep. City of Miami, Completed October 2011) (Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fdub -on@miamigov.com) 29- Tamiami Canal Miccosukee Linear Park, Tamiami Trail and SW 12 ve. ($87,703) (Miami Dade Park & Recreation Department, Completed October 2011) (Ruben Teurbe Tolon 786- 8360) (rttolon@miamidade.gov) 30- SW 19 Terrace Roadway and Drainage Improvements ($184,585) (City lami, Capital Improvements Department, Completed October 2011) (Maurice Hardie 786-229 5463) (mhardie@m . igov.com) 31- SR 909 (Alton Road) at West 52 Street Drainage Improvement ($138,000 lorida Department of Transportation, Completed December2011) (Roland Rodriguez 305-345 0696) (rodriguez@pinnaclecei.com) 32- Suncrest Drive & Moss Ranch Road Stormwater Improvements ($ 110,000) (Village o ''necrest, Public Works Dep., Completed December 2011) (Daniel Moretti 305-669 6916) (moretti@pinecrest-fl.gov) 33- Long Key State Park Roadway Improvements ($149,230) (Florida Department of Environmenta 'rotection, Completed February 2012) (Fred Hand 850-488 6322) (Fred.Hand@dep.state.fl.us) SUBSTITUTED 34- District #2 Citywide ADA Sidewalk Improvements, ($105,303) (Public Works Dep. City of Miami, Completed February 2012) (Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fubuisson@miamigov.com) 35- SW 64 Street Corridor Improvement, ($60,000) (Public Works Dep. City of South Miami, Completed ebruary 2012) (Keith A. Ng 305-403 2072) (kng@southmiamifl.gov) 3: ong Key State Park Campground Entrance Modification ($49,450) (Florida Department of Environmental Pro : ion, Completed July 2012) (Fred Hand 850-488 6322) (FreddHand@dep.state.fl.us) 37- FD • LAP Roadway Improvements Project ($117,371) (Public Works Dep. City of Sweetwater, Completed July 2012 ric Gomez 305-553 5457) (egomez.egsc@att.net) 38- SR-94/S ' ST/ Kendall Dr. at SW 142 Ave ($134,843) (Florida Department of Transportation, Completed October 2012) (' and Rodriguez 305-345 0696) (rrodriguez@pinnaclecei.com) 39- Phase IV Drain. Improvement Project ($143,830) (Village of Palmetto Bay, Completed November 2012) (Danny Casals 305-96 •091) (dcasals@palmettobay-fl.gov) 40- Killian Park Road St (Daniel Moretti 305-669 691 water Improvement ($218,142) (Village of Pinecrest, Completed December 2012) moretti@pinecrest-fl.gov) 41- Progress Rd. Roadway an 2013) (Jorge Vera 305-403 2072) rainage Improvements ($105,522) (City of South Miami, Completed January ra@southmiamifl.gov) 42- ARRA Municipalities Group B: 'ty of Miami Gardens Bus Shelters ($894,000) (Miami Dade Transit, Completed March 2013) (Javier Salmon .-473 4710) Qsalmon@miarnidade.gov) 43- I-195/ Julia Tuttle from SR 5/ Biscayn =lvd to SR 907/ Alton Rd - Bike Path / Trail ($121,520) (Florida Department of Transportation, Comple • March 2013) (Roland Rodriguez 305-345 0696) (rrodriguez@pinnaclecei.com) 44- NW 8th ST & NW 14 CT Roadway and Draina• Improvements ($425,895) (City of Miami, Completed May 2013) (Robert Fenton 786-263-2133) (rfenton@miamig. com) 45- Friedland Manor Drainage Improvements ($406,5• (City of Florida City, Completed June 2013) (Sean Compel 786-502-0770) (sean.compel@stantec.com) 46- SR 9 (NW 27 Ave), From NW 79 ST to NW 84 ST Roadwa provements ($119,000) (Florida Department of Transportation, Completed July 2013) (Roland Rodriguez 305-3A .696) (rrodriguez@pinnaclecei.com) 47- Sidewalk Improvements along SR AMA/ Collins Ave @ SR 826/ 63 ST. ($205,521) (Florida Department of Transportation, Completed October 2013) (Roland Rodriguez 305-345 96) (rrodriguez@pinnaclecei.com) 48- Doral Trolley Route 3 Infrastructure Improvements. ($114,210) (City o 'oral, Completed November 2013) (Rudy de la Torre 786-236-5912)(rudy.delatorre@cityofdoral.com) 49- Doral Trolley Infrastructure Improvements Citywide. ($217,349) (City of Do . Completed December 2013) (Rudy de la Torre 786-236-5912) (rudy.delatorre@cityofdoral.com) 50- Wild Lime Park Parking Expansion and Concrete Walkway. ($201,442) (Miami de Park & Recreation Department, Completed January 2014) (Leroy Garcia 786-210-5937) (garcial@miamidade. 51- Biscayne Island Drainage Improvements ($735,559). (City of Miami, Completed Mar• 2014) (Valentine Onuigbo 786-447-9817) (vonuigbo@miamigov.com) 52- Beacom Project Area Improvements -Phase I ($767,132) (City of Miami, Completed March 4) (Robert Fenton 786-263-2133) (rfenton@miamigov.com) M WJ5STITUTED Engineering Contractor — Lic. E-251302 11020 SW 55 ST., Miami, FL 33165 Phone: 786-291-2949 Fax: 786-472-8831 maggolc(Wyahoo.com RESUME: RIO GONZALEZ erintendent/ Project Manager of MaggoIc Inc. Gonz is a Roadway Construction and Civil Engineer with over 24 years of progressive experience in the fields o ' ' :hway and railway design, construction, maintenance, and operations. EDUCATI Institute Super Degree: INGE of Science in Civil States. Politecnico (Higher Polytechnic Institute) "Julio Antonio Melia", Santiago de Cuba, Cuba. 0 VIAL (Roadway Construction Engineer), July 1988. This is equivalent to a Bachelor ineering (BSCE) from a regionally accredited institution of higher education in the United Universidad CentraldeV. -zuela, Caracas, Venezuela. Degree: INGENIERO C (Civil Engineer), July 1997. CERTIFICATIONS: - ,TROXLER Electronics Lab - Nu - .FDOT - MUTCD/Maintenance o - ASPHALT PAVING TECHNICIA - EARTHWORK CONSTRUCTION - ACI, Concrete Field Testing Technician- - FDOT Concrete Field Inspector Specificati LICENSES : -General Engineering Contractor -General Building Contractor -Registered and Certificate State of Florida Undergraund -Registered General Contractor State of Florida ar Gauge Safety Training, (2001 & 2004) ffic, Intermediate Level (2008) evel 1 (2004) CTION — Level 1 (2005) ade 1. (2005) (2005) WORK EXPERIENCE: 'lities Contractor. MAGGOLC INC., Miami, Florida, USA. (June 2005 to Present). Gonzalez is the owner and president of Maggolc Inc., this is an Engine Drainage Systems, Pavement and Concrete. Work Executed: - Dorm Ave Drainage Improvements (City of South Miami) 2014 - Beacom Project Area Improvements- Phase I (City of Miami) 2013 - Wild Lime Park Parking Expansion and Concrete Walkway (Miami Dade P. ' & Rec Dep.) 2013 - Biscayne Island Drainage Improvements (City of Miami) 2013 - Sidewalk Improvements along SR A1A/ Collins Ave @ SR 826 (FDOT) 2013 - SR 9 (NW 27 Ave) @ NW 79 ST Roadway Improvements (FDOT) 2013 - Friedland Manor Drainage Improvements (City of Florida City) 2013 - NW 8 ST & NW 14 CT Roadway & Drainage Improvements (City of Miami) 2013 - I-195/ Julia Tuttle Bike Path/ Trail (FDOT) 2013 - ARRA Municipalities Group B: City of Miami Gardens Bus Shelters (Miami Dade Transit) 13 - Progress Rd Roadway & Drainage Improvements (City of South Miami) 2012 - Killian Park Rd Stormwater Improvements (Village of Pinecrest) 2012 - Phase IV Drainage Improvements. (Village of Palmetto Bay) 2012 - SR 94/ Kendall Dr at SW 142 Ave Roadway Improv. (FDOT) 2012 - FDOT LAP Roadway Improvements. (City of Sweetwater) 2012 - SW 64 Street Corridor Improv. (City of South Miami) 2012 g Contractor Company. Specialized in SUBSTITUTED - District #2 Citywide ADA Sidewalk Improvements. (City of Miami) 2012 - Long Key State Park - Resurface Campground Road (Florida Dep. of Environmental Protection) 2012. - Suncrest Dr. & Moss Ranch Rd. Stormwater Improvements (Village of Pinecrest) 2011. - SR 909 (Alton Road) at West 52 Street Drainage Improvements (FDOT District 6) 2011 - SW 19 Terrace Roadway & Drainage Improvements (CIP, City of Miami) 2011. - Tamiami Canal Miccosukee Linear Park (Miami -Dade County, Park & Recreation Dep.) 2011. -District #4 Citywide ADA Sidewalk Improvements (City of Miami) 2011 -MIA NW 36 Street & 67 Ave Intersection Improvement (concrete) (Aviation Department M-D County) 011 A Building 3050 Parking Lot Improvements (Aviation Department M-D County) 2011 -D ict #1 Citywide ADA Sidewalk Improvements (City of Miami) 2011 -Dis t #3 Citywide ADA Sidewalk Improvements (City of Miami) 2011 -Inters ion Realignment SW 139 Terr. & SW 140 Dr. and Esat Guava ST One Way Street Conversion. (Village • 'alirietto.Bay) 2010 -Installatio f Sidewalks and Ramps along NE 12 Ave. (City of North Miami) 2010. -AD Barnes k Asphalt Walkways.. (M-D County Park & Recreation) 2010. -Golden Shore k Pavers Sidewalks. (City of Sunny Isles). 2010 -District I, Sidew. Repair. (City of Miami). 2010 -Crandon Park AD ' arking Space Striping and Signs. (M-D County Park & Recreation) 2010. -District II, Sidewal epair. (City of Miami). 2010 -Harbor Drive Lightin i d Resurfacing Improv. (Village of Key Biscayne) 2010 -Blue Road Roundabouts ' d Drainage. (City of Coral Gables) 2010 -Drainage Retention Imprr • ents of State Rd. 907 (Alton Rd.) at Allison Drive. Milling and Asphalt Resurfacing. (FDOT, District t • 009 -Country Club of Miami Park increte and Asphalt Walkway (Miami -Dade County, Park & Recreation Dep.) 2009... -Brendwood Park Asphalt WaIkwa ity of Miami Gardens) 2009. -West Little River Improve Asphalt ► veways. (Miami -Dade County Office of Community and Economic Development) 2008. -West Perrine Park Concrete Slabs and Po . ed Safety Surface. (M-D C Park and Recreation) 2008 - Asphalt Pavement Repair. Florida Depa •►. it of Transportation (District 6). 2008-2009, 2009-2010 and 2010-2011. -Improve Intersections Countywide Project, incI - Milling and Asphalt Resurfacing. (Sidewalk, Handicap Ramps, Curb & Gutters, Pavers, New Pavement, Dra •e, Sodding (M-D County Public Work Dep.) 2008 -Seal Coat and Restriping of Station 13 and Logisti ' arking Area. (MD County Fire Rescue Department) 2008 -Dolphin Archaeological Site Sidewalk Construction. (M- . ounty Park and Recreation) 2008. -Olympic Park Sidewalks Construction. (M-D County Park . Recreation) 2007 -Norman & Jean Reach Park Foul Ball Netting. (M-D County k and Recreation) 2007 -Drainage Improvement Project for NW 22 Court from NW 10 T to NW 112 ST. (M-D County Public Work Dep.). 2006 , etc. Others Places where Gonzalez was working: SRS ENGINEERING, INC., Miami, Florida, USA. (August 2006 to July 2 Construction Field Inspector of Drainage and Roadway Restoration. (Public County Projects). -Allaphatta Phase I. -Hardwood Village Phase II. Department, Miami -Dade BERMELLO, AJAMIL & PARTNERS, INC., Miami, Florida, USA. (May 2005 to Ju 006). Quality Control (QC) Construction Inspector (DOT Projects): (Earthwork, Concrete and As. . it). -Okeechobee Road. (W 12 Ave to Palmetto Expwy) -Miami Garden Drive. (NW 2 Ave to NW 17 Ave.) -Biscayne Blvd. (NW 96 ST to NW 104 ST) -Golden Gate Pkwy (Naples) -Florida's Turnpike (Griffm Rd to Sunrise Blvd). -A-1-A (Key West). SUBSTITUTED MARLIN ENGINEERING INC., Miami, Florida, USA. (October 2000 —May 2005). February 2004 to May 2005. Construction Field Inspector of Drainage and Roadway (FEMA-DERM, Miami -Dade County Projects). Activities Included: Verify of storm drainage structures in accordance with the approved shop drawings, installation of drainage and pollution control structures, drainage pipe inverts, joints, seals, French Drain Systems, solid pipe placement and bedding material. Check the Contractor's compliance with all Maintenance of Traffic. econstruction of Pavement, Roadway Milling and Resurfacing; reconstruction of Curb and Gutter and walks; Site Restoration, including Grading of Swales, Sod Placement, etc. Req . -ments: - Ens e quality ofthe construction work, as per the Public Works Department Manua ' DOT Standards, and Project Contract Documents. - Ensure the 1 restoration of the project, including site cleanliness, swale grading, and sod placement. - Keep recor. ' f daily activities, daily production, site testing, and progress of the work. - Resolve comp its by residents resulting from construction activities. March 2001 to Feb y 2004: Project Engineer Project Engineer for design, roadway restoration, and storm drainage systems improvement, including independent sites and c. ..unity. (DERM/FEMA Program administered by the Division of Recovery and Mitigation -DORM) in Mi.. -Dade County and City of Miami Storm Drainage Improvement Program). Working closely with Microst. in and AutoCAD software. October 2000 to March 2001 and Surveying, inspecting . and drawin Depai tuient of Miami -Dade County. resurfacing operations. ober 2002 to February 2003: Roadway Inspector. ketches for roadway restoration projects in Q.N.I.P, Public Work ecting and supervising construction of asphalt patching, milling and SUBSTITUTED miami g1 he13,2014 Mr. -do Gonzalez MAG C, INC. 11020 S 5th St Miami, FL '165-0000 Anniversary D. June 13, 2015 Dear Mr. Gonzalez: Internal Services Department Shiall Business Development 111. NW 1 Street, 19"Floor Miami,Elorida 33128 T 305-375-3111 F 305-375-3160 Miami Dade County Smal siness Development (SBD), a division of the. Internal Services Department • (ISD) is pleased to notify yo .f your firm's-continuing eligibility as'a certified (CSBE, CBE, Micro/SBE, LDB) Small Business Enterpri 'n accordance with section (2-8.1.1.1.1., 2-10.01, 10.33-02) of the Code of Miami Dade County. Your firm is . tified in the categories listed below. Your (CSBE) certification is continuinrough the Anniversary Date listed above,. conting ent upon your firm . maintaining -its -eligibility based on the c -ria outlined -in the aforementioned code. -You wilt be -notified -of - your annual responsibilities in advance of Anniversary Date. You must submit the annual AFFIDAVIT FOR CONTINUING ELIGIBILITY no later th. he Anniversary Date to maintain your elig ibility. Your firm will . • be listed in the directory for all certified firms, •'oh can be accessed through the Miami Dade Countys SBD.website: http:/lwdvw.miamidade.gov/business . iness-certification-programs.asp. If, at any the time, there is a material change in you m, you must advise this office, by submitting a status change affidavit and the associated supporting do. -ntation, within thirty(30) days. Changes- may ' include, but are not limited to, ownership, officers, direct o management, key personnel, scope of work . performed,.daily operations, bn-going business relationship 'th other firms or individuals or the physical • location of our firm. After our review, you will receive ins tions as to how you should proceed, if. necessary. Failure to do so will be deemed a failure on your par ' cooperate and will result in action to remove your firm's certification. Ifyaiu have any questions or concerns, you may contact our office at 305- -3111. • • Sincerely, GaryHartfieeid, Division Director. - Smal Business Development • CATEGORIES: (Your firm may bid or participate on contracts only under these categories All Other Specialty Trade Contractors (CSBE)' Commercial And Institutional Building Construction (CSBE) Highway, Street, And Bridge Construction (CSBE) Industrial Building Construction (CSBE) .. • New Housing Operative Builders (CSBE) • New Multifamily Housing Construction (Except Operative Buildees) (CSBE) • . • . . New Single -Family Housing Cohstruction(Except Operative BE ' ' Other HeavyAnd CivirEngineering Construction (CSBE) _�• �•_��_-_ rwn_ Poured Concrete Foundation And Structure Contractors (CSBE)Residential Remodelers (CSBE) Site Preparation Contractors (CSBE) Structural Steel And Precast Concrete Contractors (CSBE) Water And Sewer Line And Related Structures Construction (CSBEb • } oo STATE OF FLORIDA SUBSTITUTED DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 GONZAL: ' MARIO H MAGGOL C 11020 SW 5 STREET MIAMI L 33165 Congratulations! With this license you bec. ,e one of the nearly one million Floridians licensed by the Depa -nt of Business and Professional Regulation. Our professionals a .usinesses range from architects to yacht brokers, from boxers to . beque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do busine n order to serve you better. For information about our services, p •se log onto www.myfloridalicense.com. There you can find more i mation about our divisions and the regulations that impact you, suribe to department newsletters and learn more about the Depart is initiatives. Our mission at the Department is: License Efficiently, Regulate Fa We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! DETACH HERE RICK SCOTT, GOVERNOR (850) 487-1395 is = .,f-_ F_�_ -z: f M.... „mow 5-,. G, STATE'OF FLORIDA DEPARTMENT ,OF BUSINESS AND PROFESSIONAL,REGU► TION CONSTRUCTIO;IV INDUSTRY LICENSING BOARD. STATE.OF FLORIDA DEPARTMSN GF BUSINESS AND PROF�,.RSIO AL R GULATION CUC1224888 SSUED 5't06/15/2014 IS LE.R JFIED-Lind lie.provisivri of C( 4,sa FS ation date's AUG ,: 2aib L�AOr150001743 KEN LAWSON, SECRETARY 'CUC1224888- The.UNDERG ROUND UTILITY & EXCAVATC Named below IS CERTIFfED Under the provsior..s ,of Chapter 48:9, Expiration -date: AUG'3.1-s 2Q15.7177 SUBSTITUTED 002565 $IJ5INESS' OVVir' : SEC. OF BUSINESS PAYMENT:RECEIVED MAGGOLC INC' 196 SEE TY ENGINEERING CONTRACT' BY TAx COLLECTOR Worker(s) E251302 $75.00 07/10/2013 1 CREDITCARD-13-002443. This tocal Business Tait Receipt only confirms payroenfof the C Business Tax. The Receipt is not a license, pennrt,;or a sertrfrcation of the holders qualifications,to do basin: Haider must comply with any governmental or nongovernmental,regufatory laws and' requirements which apply to usiness 7lie RECEIPT'NO above must bedisplayed on all commercial ve `'s=:Miami-Dade Code Sec 8a=276., Formore information', visit www.miami :zcolleetorr ConstEuctipp T*ea 4.05 6 Board „ 3OSINESS CERTIFICATE'OF COMPETENCY E251 302 MAGGOLC INC tD.B.A.: GONZAL Z MARIO Is certified under the provisions of Chapter 10 of Miami -Dade Cbunty