HomeMy WebLinkAboutPre-LegislationCity of Miami
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Resolution: R-13-0295
City Hall
3500 Pan American
Drive
Miami, FL 33133
www,miamigov.com
File Number: 13-00648
Final Action Date: 7/25/2013
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING THE BID RECEIVED MAY 15, 2013, PURSUANT TO INVITATION TO
BID ("ITB") NO. 12-13-034, FROM KEARNS CONSTRUCTION COMPANY, THE
LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE SPOIL ISLAND E
RESTORATION AND FLOATING DOCK PROJECT, B-30721, IN THE AMOUNT OF
$188,040, FOR THE SCOPE OF WORK, PLUS ATEN PERCENT (10%) OWNER
CONTINGENCY AMOUNT OF $18,804, FOR A TOTAL NOT TO EXCEED AWARD
VALUE OF $206,844; ALLOCATING FUNDS IN THE AMOUNT OF $206,844, FROM
CAPITAL IMPROVEMENT PROJECT NO. B-30721, SUBJECT TO BUDGETARY
APPROVAL; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN
SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB
DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE.
WHEREAS, the Capital Improvements Program ("CIP") issued Invitation to Bid ("ITB") No. 12-13-
034 for construction services for the Spoil Island E Restoration and Floating Dock Project, B-30721
("Project"); and
WHEREAS, one (1) bid was received by the Office of the City Clerk on May 15, 2013; and
WHEREAS, CIP has determined Kearns Construction Company ("Kearns") to be the lowest
responsive and responsible bidder; and
WHEREAS, the City Manager requests authorization to execute a contract with Kearns, in the
amount of $188,040, for the scope of work, plus a ten percent (10%) owner contingency amount of
$18,804, for a total not to exceed award value of $206,844; and
WHEREAS, funds in the amount of $206,844 are to be allocated from Capital Improvement Project
No. B-30721, subject to budgetary approval;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as fully set forth in this Section.
Section 2. The bid received May 15, 2013, pursuant to ITB No. 12-13-034, from Kearns, the
lowest responsive and responsible bidder, for the Project, in the amount of $188,040, for the scope of
work, plus a ten percent (10%) owner contingency amount of $18,804, for a total not to exceed award
value of $206,844, is accepted, with funds in the amount of $206,844, allocated from Capital
Improvement Project No. B-30721, subject to budgetary approval.
Section 3. The City Manager is authorized {1 } to execute a Contract, in substantially the attached
City of Miami Page 1 of 2 File Id' 13-00648 (Version: 1) Printed On: 5/5/2015
File Number: 13-00648 Enactment Number: R-13-0295
form, consisting of the ITB documents and attachments, for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id• 13-00648 (Version: 1) Printed On: 5/5/2015
INVITATION TO BID NO. 12-13-034
SPOIL ISLAND E - RESTORATION & FLOATING DOCK
CIP PROJECT NO: B-30721
Due Date: Wednesday, May 15, 2013
Due Time: 2:00 PM
MANDATORY Pre -bid Wednesday, April 24, 2013 @ 2:00 PM
Mayor Tomas P. Regalado
Commissioner Wifredo (Willy) Gort, District 1
Commissioner Marc Sarnoff, District 2
Commissioner Frank Carollo, District 3
Commissioner Francis Suarez, District 4
Commissioner Michelle Spence -Jones, District 5
City Manager, Johnny Martinez, P.E.
Issued By:
City of Miami
Capital Improvements Program
444 SW 2nd Avenue - 8th Floor
Miami, FL 33130
W58
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. Addenda 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 11
16. Local Workforce Participation 11
17. Community Small Business Enterprise ("CSBE") 12
18. Subcontractor and Small Business Participation Reporting 12
19. Cone of Silence 13
20. Public Entity Crime 13
21. Fraud and Misrepresentation 13
22. Collusion 13
23. Contractor in Arrears of Default 14
24. Cancellation of Solicitation 14
SECTION 2 - GENERAL TERMS AND CONDITIONS 15
1. Definitions 15
2. Time is of the Essence 17
3. Contract Term 18
4. Notices 18
5. Priority of Provisions 19
6. Indemnification 19
7. Insurance 20
8. Performance and Payment Bond 22
9. Qualification of Surety 23
10. General Requirements 23
11. Method of Performing the Work 24
12. Work Staging and Phasing 25
13. Site Investigation and Representation 25
14. Contractor to Check Plans, Specifications and Data 26
15. Contractor's Responsibility for Damages and Accidents 26
16. Accidents 26
17. Safety Precautions 27
18. Occupational Health and Safety 28
19. Labor and Materials 28
20. Rules, Regulations, and Licenses 28
21. Consultant Services 28
22. Project Management 29
23. Superintendence and Supervision 29
24. Subcontractors 30
25. Authority of the Project Manager 31
Spoil Island E - Restoration & Floating Dock B-30721
CIF Contract No. 13-737
2
ITB 12-13-034
26. Inspection of Work ............. 31
27, Taxes 32
28. Separate Contracts 32
29. Lands of Work 33
30. Coordination of Work 33
31. Differing Site Conditions 33
32. Existing Utilities 34
33. Contractor's Responsibility for Utility Properties and Service 34
34. interfering Structures 35
35. Field Relocation 35
36. Contractor's Use of Project Site(s) 35
37. Warranty of Materials and Equipment 36
38. Material and Equipment Shipment, Handling, Storage and Protection 36
39. Manufacturer's Instructions 38
40. Manufacturer's Warranty... 38
41. Reference Standards 38
42. Submittals 39
43. Shop Drawings r 40
44. Product Data 41
45. Samples 42
46. Record Set 42
47. Supplemental Drawings and Instructions 42
48. Contractor Furnished Drawings 42
49. Substitutions 43
50. City Furnished Drawings... 44
51. interpretation of Drawings and Documents 44
52, Product and Material Testing 45
53. Field Directives 45
54. Changes in the Work or Contract Documents 45
55. Continuing the Work 45
56. Change Orders 46
57. Change Order Procedure... ,..46
58. No Oral Changes 47
59, Value of Change Order Work 47
60. Extra Work Directive 50
61. As -Built Drawings 51
62. Worker's Identification 52
63. Removal of Unsatisfactory Personnel 52
64. Substantial Completion, Punch List, & Final Completion 52
65. Acceptance and Final Payment 53
66. NDPES Requirements 54
67. Force Majeure 54
68. Extension of Time 54
69. Notification of Claim 56
70. Extension of Time not Cumulative 56
71. Contractor's Damages for Delay 56
72. Excusable Delay, Non-Compensable 57
74, Defective Work 57
75. Acceptance of Defective or Non -Conforming Work 58
76. Uncovering Finished Work. 58
77. Correction of Work 58
78. Maintenance of Traffic and Public Streets 59
79. Location and Damage to Existing Facilities, Equipment or Utilities 60
80. Stop Work Order 61
81. Hurricane Preparedness 61
82. Use of Completed Portions 62
Spoil Island E - Restoration & Floating Dock B-30721
CIP Contract No, 13-737
3
ITB 12-13-034
83. Cleaning Up; City's Right to Clean Up 62
84. Removal of Equipment 63
85. Set -offs, Withholdings, and Deductions 63
86. Event of Default 63
87. Notice of Default -Opportunity to Cure 64
88. Termination for Default 64
89. Remedies in the Event of Termination for Default 65
90. Termination for Convenience 65
91. Resolution of Disputes 66
92. Mediation -Waiver of Jury Trial 67
93. City May Avail Itself of All Remedies 67
94. Compliance with Applicable Laws 68
95. Independent Contractor 68
96. Third Party Beneficiaries 69
97. Successors and Assigns 69
98. Materiality and Waiver of Breach 69
99. Severability 69
100.Applicable Law and Venue of Litigation 70
101.Amendments 70
102.Entire Agreement 70
103, Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act
70
104.Evaluation 70
105.Commodities Manufactured, Grown, or Produced in the City of Miami, Miami -Dade
County and the State of Florida 71
106.Royalties and Patents 71
107. Continuation of the Work 71
108.Review of Records 71
109, No Interest 72
110. Payments Related to Guaranteed Obligations 72
111. Consent of City Required for Subletting or Assignment 72
112.Agreement Limiting Time in Which to Bring Action Against the City 72
113.Contingency Clause 73
114. Mutual Obligations .73
115.Contract Extension 73
116. Non -Exclusivity 73
117. Nature of the Agreement 73
118.Contract Documents Contains all Terms 74
119.Applicable Law and Venue of Litigation (Attorneys Fees) 74
120.Survival 74
SECTION 3 - SUPPLEMENTAL TERMS AND CONDITIONS 75
1. Contrast Time & Hours 75
!' 2. LEED Certification (Not Applicable) 75
l 3. Progress Payments 75
4. Liquidated Damages 76
5. Schedule of Values 76
6. Project Schedules 77
7. Release of Liens/Subcontractor's Statement of Satisfaction 78
8. Progress Meetings 78
9, Request for Information 79
10. Project Site Facilities 79
11, Temporary Facilities, Utilities, and Construction 79
12. Security 80
13. Construction Signage 80
14. Construction Photographs 81
Spoll Island E - Restoration & Floating Dock B-30721
CIP Contract No. 13-737
4
ITB 12-13-034
15. City Furnished Property 81
16. State of Florida Funding 81
SECTION 4 - BID FORMS 83
1. Community Small Busyness Enterprise ("CSBE") Requirements 85
2. Non -Collusion 85
3. Drug Free Workplace 85
4. Lobbying 86
5. Debarment, Suspension and Other Responsibility Matters 87
CERTIFICATE OF AUTHORITY 89
NOTARIZATION 90
CERTIFICATE OF COMPLIANCE WITH SECTIONS 18-87 and 18-89 OF THE CITY
CODE 91
SECTION 5 — ATTACHMENTS 92
BID BOND FORM ... 92
QUESTIONNAIRE 95
OFFICE LOCATION AFFIDAVIT (Page 1 of 2)
102
SECTION 6 — CONTRACT EXECUTION FORM 104
CORPORATE RESOLUTION 105
PERFORMANCE AND PAYMENT GUARANTY FARM 104
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT 104
PERFORMANCE AND PAYMENT GUARANTY FORM 105
i INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY 106
Spoil Island E — Restoration & Floating Dock B-30721
CIF Contract No. 13-737
5
ITB 12-13-034
INVITATION TO BID NO. 12-13-034
NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami, CITY HALL - OFFICE OF THE CITY CLERK -1st Floor
3500 Pan American Drive, Miami, Florida 33133-5504 for:
SPOIL ISLAND E — RESTORATION & FLOATING DOCK, B-30721
Bids Due: Wednesday, May 15, 2013 AT 2:00 PM
Scope of Work:
The Work specified in this Bid consists of furnishing all labor, machinery, tools, means of transportation,
supplies, equipment, materials and services, and incidentals necessary to perform the following Work at a
rate of progress that will ensure completion of the Work within the stipulated Contract Time:
Furnish and Install ADA compliant floating dock and gangway to be located at the north side of Dinner Key
Spoil Island; furnish and install anchor piling; furnish and install 40' gangway system and concrete pad.
NOTE: All equipment must be brought to site by boat.
GIP has scheduled a MANDATORY pre -bid conference. There will be no site visit. The conference will
be held at the following location, date and time:
Location: City of Miami — MRC Building
444 SW 2"d Avenue, Miami, FL 33130
10th Floor— Main Conference Room
Date/Time: Wednesday, April 24, 2013 at 2:00 PM
Minimum Requirements: Prospective Bidder shall hold a current, active Certified License as a General
Contractor, or Certified Building Contractor from the State of Florida and must have a minimum of five (5)
years' experience under its current business name, in the construction of similar projects including three (3)
current separate project references for projects of similar size, scope, and complexity, completed within the
past five (5) years. This ITB requires that 20% of the work must be self -performed.
The Bid documents/plans can only be obtained by visiting the Capital Improvements Program's website;
http://www.miamiciov,com/Capitalimprovements/pages/Procurement0pportunities/Default,asp on or after,
Monday, April 15, 2013. It is the sole responsibility of all firms to ensure the receipt of any
addendum. It is recommended that firms periodically check the CIP webpage for updates and the
issuance of addenda.
All Bids shall be submitted in accordance with the Instructions to Bidders. DO NOT address bids to the
individual City Clerk as this may delay your submittal and it WILL NOT be accepted if late. Bids must be
submitted in duplicate originals plus one (1) copy in digital form (on CD-ROM in pdf format), AT THE
TIME, DATE AND LOCATION NOTED ABOVE. Bids will be publicly opened. ANY BIDS RECEIVED
AFTER TIME AND DATE SPECIFIED WILL NOT BE CONSIDERED. The responsibility for submitting a
bid/proposal labeled correctly and before the stated time and date is solely and strictly the responsibility of
Bidder, The City is not responsible for any delays, late or mis-delivered Bids, no matter what the cause.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF
SILENCE," IN ACCORDANCE•WITH ORDINANCE NO. 12271 CODIFIED AS CITY CODE 18-74, MIAMI
CITY CODE.
City Manager, Johnny Martinez, P.E. DP# 009147
Spoil Island E — Restoration & Floating Dock B-30721
CIP Contract No. 13-737
6
;TB 12-13-034
SECTION 1 - INSTRUCTIONS FOR SUBMISSION
1.. Intention of City
It is the intention of City to describe in this Invitation to Bid ("ITB") the Project(s) to be
completed in accordance with all codes and regulations governing all the Work to be
performed under this Contract(s). Any work, labor, materials and/or equipment that may
reasonably be inferred from the Contract as being required to produce the intended
results shall be supplied by Contractor whether or not specifically called for in the Contract
Documents. Where words, which have well-known technical or trade meanings are used
to describe Work, materials or equipment, such words shall be interpreted in accordance
with that meaning. Reference to standard specifications, manuals, or codes of any
technical society, organization or association, or to the laws or regulations of any
governmental authority, whether such reference be specific or by implication, shall mean
the latest standard specification, manual, code or laws or regulations in effect at the time
of opening of Bids and Contractor shall comply therewith. City shall have no duties other
than those duties and obligations expressly set forth within the Contract Documents.
2. Scope of Work
The Work specified in this Bid consists of furnishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials and services, and incidentals necessary to
perform the following Work at a rate of progress that will ensure completion of the Work
within the stipulated Contract Time: furnish and install floating dock; furnish and install
anchor piling; furnish and install 56' gangway system and concrete pad.
3. Location of Project(s),
Dinner Key Spoil Island E, 3400 Pan American Drive, Miami, FL 33133
4, Performance of the Work
By submitting a Bid, the Bidder certifies that it will utilize its own employees to meet this
requirement. As part of the Bid, the Bidder must include the form entitled "Questionnaire."
Failure to complete and submit this form or to meet this requirement shall result in the Bid
being deemed non -responsive. Where the City determines that the Contractor is not
meeting the minimum self -performance requirement during the performance of the Work,
then the Contractor shall be deemed in default of the Contract and the City reserves the
right to take any necessary and appropriate action permitted by law or by the Contract
Documents.
5. Examination of Contract Documents and Site
It is the responsibility of each Bidder, before submitting a response to this ITB to:
• Carefully review the ITB, including any Addendum 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.
Spoil Island E — Restoration & Floating Dock B-30721
CIP Contract No. 13-737
7
ITB 12-13.034
The submission of a Bid in response to this solicitation shall constitute en incontrovertible
representation by Bidder that it will comply with the requirements of the Contract
Documents and that without exception, the response is premised upon performing and
furnishing Work required under the Contract Documents and that the Contract Documents
are sufficient in detail to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
6. Addenda
Only questions answered by a written Addendum will be binding. Oral and other
interpretations or clarifications will be without legal binding effect and shall not be relied
upon in preparations of a Bid response. All questions about the meaning or intent of the
Contract Documents are to be directed to the City's Capital Improvements Program (CIP)
in writing, to the attention of Betty Doyle at bdovle(a miamigov.com.
Interpretations or clarifications considered necessary by CIP in response to such
questions will be issued by the City by means of an Addendum posted on the CIP
webpage. Written questions should be received no less than ten (10) calendar days
prior to the date Bids are clue. There shall be no obligation on the part of CIP to respond
to questions received later than 5:00 PM Monday, May 22, 2013.
7. Bid Submission
All Bids must be received by the City of Miami, OFFICE OF THE CITY CLERK (DO NOT
ADDRESS TO ANY INDIVIDUAL) located at CITY HALL, 1st floor, 3500 Pan American
Drive, Miami, Fla. 33133, before the time and date specified for bid opening, enclosed in a
sealed envelope, legibly marked on the outside:
BID NO: 12-13-034
BIDS FOR: SPOIL ISLAND E — RESTORATION & FLOATING DOCK
B-30721
Bidders must submit TWO ORIGINALS PLUS one (1) copy in digital form (on CD-ROM
in .pdf format). Failure to submit TWO ORIGINALS may result in the rejection of the Bid
as non -responsive.
NOTE: This Bid requires the submission of City Form SU, which is available on the CIP
webpage, identified in the ITB. Failure to submit City Form SU with the Bid may result
in the Bid being rejected as non -responsive.
8. Bid Guaranty
All Bids shall be accompanied by either an original Bid Bondexecuted by a Surety
meeting the requirements of the City, or by cash, money order, certified check, cashier's
check, Unconditional/Irrevocable Letter of Credit drawn on a local bank (e.g. South
Florida), cash or Bid Bond Voucher (for projects less than $200,000) issued to City of
Miami c/o the City of Miami Purchasing Department, treasurer's check or bank draft of any
national or state bank (United States), in the amount of five percent 5% of the total Bid
amount, payable to City of Miami, Florida, and conditioned upon the successful Bidder
executing the Contract and providing the required Performance Bond and Payment Bond
and evidence of required insurance within fifteen (15) calendar days after notification of
award of the Contract. The time for execution of the Contract and provision of the
Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by
the City's Capital Improvements Program at its sole discretion. Bid Securities of the
unsuccessful Bidders will be returned after award of Contract. A PERSONAL CHECK
OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID
SECURITY.
ITB 12-13-034
Spoil Island E— Restoration & Floating Dock B-30721
CIP Contract No. 13-737
8
Security of the successful Bidder shall be forfeited to the City as liquidated damages, not
as a penalty, for the cost and expense incurred should said Bidder, who is recommended
for award, fail to timely execute the Contract, and provide the required Performance
Bond.
9. Preparation of Bid
The Bid Form contains one Project and the Bidder must provide a total stipulated lump
sum price to perform the Work required for the Project.
All Bids must be made upon the blank City forms provided herein or our website. The
Bid must be signed and acknowledged by the Bidder in accordance with the directions in
the ITB. Failure to utilize the City's forms, or fully complete said forms will result in
a determination that the Bid is nonresponsive.
A Bid will be considered non -responsive if it is conditioned on modifications, changes, or
revisions to the terms and conditions of the ITB.
The Bid is to include the furnishing of all labor, materials, transportation, overhead
expense and profit, equipment including, but not limited to, tools, services, permit fees,
applicable taxes, overhead and profit for the completion of the Work except as may be
otherwise expressly provided in the Contract Documents.
Joint venture firms must complete and submit with their Bid the form titled "Information for
Determining Joint Venture Eligibility , (Form A) and submit a copy of the formal agreement
between all joint -venture parties. This joint venture agreement must indicate theft
respective roles, responsibilities and levels of participation for the Project. Failure to timely
submit Form A (the last page of the contract documents) along with an attached written
copy of the joint venture agreement may result in disqualification of the Bid. All joint
venture firms must meet the requirements stipulated in the Florida Statutes,.
10. Pre -Bid Conference
A MANDATORY pre -bid conference will be held to discuss this solicitation on
Wednesday, April 24, 2013 at 2:00 PM located at City of Miami, MRC Building, 444
SW 2nd Avenue, Miami, FL 33130. Since space is ,limited, it is recommended that no
more than one representative of each firm attend in order to become familiar with the
Solicitation and conditions of usage. Attendees are requested to bring this Solicitation
package to the conference. Copies of the solicitation will not be available at the pre -bid
conference. There will be no site visit. Failure to attend the mandatory pre -bid
conference will disqualify a Bidder from being considered eligible for this award.
11. Postponement of Bid Opening Date
The City reserves the right to postpone the date for receipt and opening of submissions
and will make a reasonable effort to give prospective Bidders at least five (5) calendar
days' notice of any such postponement.
The City shall make reasonable efforts to issue addenda within five (5) calendar days prior
to the due date,
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.
Spoil Island E -- kestoratlon & Floating Dock B-30721
CIP Contract No. 13-737
9
ITB 12-13-034
Reasonable efforts will be made to either award the Contract or reject all Bids within
ninety (90) calendar days after Bid opening date. A Bidder may not withdraw its Bid
unilaterally nor change the Contract Price before the expiration of one hundred twenty
(120) calendar days from the date of bid opening. A Bidder may withdraw its Bid after the
expiration of one hundred twenty (120) calendar days from the date of Bid opening prior to
award by delivering written notice of withdrawal to the Capital Improvements Program
prior to award of the Contract by the City Commission. Once the City Commission makes
the award, the Bid cannot be withdrawn under this Section.
13. Environmental Regulations
The City reserves the right to consider a Bidder's history of citations and/or violations of
environmental regulations in investigating a Bidder's responsibility, and further reserves
the right to declare a Bidder not responsible if the history of violations warrant such
determination in the opinion of the City. Bidder shall submit with its Bid, a complete history
of all citations and/or violations, notices and dispositions thereof. The failure to submit
any such documentation shall be deemed to be an affirmation by the Bidder that there are
no citations or violations. Bidders shall notify the City immediately upon receipt of any
notice of any such citation or violation which Bidder may receive after the Submittal
opening date and during performance of the Work under this Contract.
14. Bid Award
The City will issue the award of the Contract to the lowest responsive and responsible
Bidder. The City may require demonstration of competency and at its sole discretion the
City may 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.
Unless disallowed by Florida Statutes, in accordance with City Code Section 18-85(a), 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.
A Post Office box or working from a private residence will not be considered as
maintaining a local office, unless the owner of the private residence possesses a City of
Miami Occupational License or Business Tax Receipt for the business at the address of
the private residence.
Where the solicitation contains multiple line items for separate projects or where the
solicitation requires a Bidder to submit detailed price information or multiple line item
pricing, a Bid may be rejected as an unbalanced bid.
Spoil Island E —Restoration & Floating Dock B-30721
CIP Contract No. 13-737
10
ITB 12-13-034
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 any other contracts with the City, past or
current, or any other public entity or any other contract for construction services.
Any Bidder who at the time of submission is involved in an ongoing bankruptcy as a
debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or
receiver has been appointed over all or a substantial portion of the property of the Bidder,
under federal bankruptcy law or any state insolvency, the Bidder may be declared non-
responsive.
Any Bidder who may have filed a lawsuit against the City or owes moneys to the City or
has been declared in breach of a contract with the City or where the City has filed a
lawsuit or won a court judgment against the Bidder may be declared non-responsive/non-
responsible.
15. Bid Protest
Any actual or prospective contractual party who feels aggrieved in connection with the
solicitation or award of a contract may protest in writing to the Director of Purchasing/Chief
Procurement Officer who shall have the authority, subject to the approval of the City
Manager and the City Attorney, to settle and resolve a protest with final approval by the
City Commission. Bidders are alerted to Section 18-104 of the City's Code describing the
protest procedures. Protests failing to meet the requirements for filing shall NOT be
accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to
file a protest. NO EXCEPTIONS.
16. Local Workforce Participation
Unless disallowed by Florida Statutes, prospective Bidders must adhere to the following
requirements in order to be considered responsive to this solicitation:
a. Respondents must employ a minimum of fifteen percent (15%) of on -site labor from
persons residing within the municipal boundaries (e,g. city limits) of the City. The City
residency of the onsite labor component will be subject to verification by the issuing
department.
b. Five percent (5%) of the bid amount shall be retained by the City for the requirements
until said requirements are fulfilled and verified within six (6) months of Contract
completion pursuant to Ordinance No. 13332, now codified as City Code §18-89 as
amended. Failure to comply with the Local Workforce Participation requirements
pursuant to Ordinance No. 13332 codified as City Code §18-89 within six (6) months
of Contract completion shall .result in the forfeiture of the retained amount to the City.
c. These requirements are applicable to the Mary Brickell Village & South Miami Avenue
Drainage Improvements, B-30637 and B-30637A.
d. 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.
e. 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.
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CIP Contract No. 13-737
f. The Contractor shall coordinate job fairs and hiring initiatives with South Florida
Workforce.
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 §18-89. Said third party shall be unaffiliated with the respondent and be
properly licensed under the provisions of Chapters 454, 471, 473, or 481 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.
g•
17. Community Small Business Enterprise ("CSBE")
Prospective Bidders must adhere to the following requirements in order to be considered
responsive to the Solicitation:
a. Respondents must assign a minimum of fifteen percent (15%) of the Contract value to
a respondent or to a construction related enterprise currently certified by Miami -Dade
County as a Community Small Business Enterprise (CSBE) 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 Ordinance No. 13331, Codified as City Code §18-89.
Failure to comply with the CSBE requirements pursuant to City Code §18-89 within six
(6) months of Contract completion shall result in the forfeiture of the retained amount
to the City. This five percent (5%0) retainage is included within the ten percent (10%)
retainage normally withheld by the City.
c. Respondents who are deemed responsive and responsible to the requirements of the
Invitation .to Bid and subsequently awarded a Contract 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 §18-89. Said third party shall be
unaffiliated with the respondent and shall be properly licensed under the provisions of
Chapters 454, 471, 473, or 481 of 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. Subcontractor and Small Business Participation Reporting
The City is collecting data on the participation of local small business. Based on this
ongoing effort the City requires that with the submission of the first payment requisition the
Contractor shall submit a report, using the CIP form available on its webpage, on the use
of Subcontractors. Such report shall include information on local and small business
participation. Failure to submit the report may delay the issuance of payment to the
Contractor. Contractor shall submit an updated report when a Subcontractor has been
added or changed.
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19, Cone of Silence
Pursuant to Section 18-74 of the City of Miami ("City Code") and City of Miami Ordinance
No. 12271, a "Cone of Silence" is imposed upon this ITB after advertisement and
terminates at the time the City Manager issues a written recommendation to :the Miami
City Commission. The Cone of Silence prohibits any verbal communications regarding
this ITB.
Any communication concerning this ITB must be submitted in writing to CIP and Bidders
must also file a copy of such written communications with the Offioe 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 MArciaCcmiamigov.com.
This language is only an overview of the requirements of the Cone of Silence. Please
review Section 18-74 of the City Code or City of Miami Ordinance No. 12271 for a
complete and thorough description of the Cone of Silence. You may also contact the City
Clerk at (305)-250-5360, to obtain a copy.
20. Public Entity Crime
Any person, individual, corporation, entity, or affiliate who has been placed on the
convicted Bidder list following a conviction for a public entity crime may not submit a
proposal on a contract to provide any goods or services to a public entity, may not submit
a Response on a contract with a public entity for the construction or repair of a public
building or public works project, may not submit a response on a lease of real property to
a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or Consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in 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 Vendor list,
21. Fraud and Misrepresentation
Any person, individual, corporation, entity, or affiliate that attempts to meet its contractual
obligations with the City through fraud, misrepresentation or material misstatement, may
be debarred for up to five (5) years in accordance with the applicable provisions of the
City Code. The City as a further sanction may terminate or cancel any other contracts
with such individual, corporation or entity. Such individual 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 in this Article, each submit a response
to an. ITB, such submissions shall be presumed to be collusive. The foregoing
presumption may be rebutted by the presentation of evidence as to the extent of
ownership, control and management of such related parties in preparation and submission
under such ITB. Related parties shall mean employees, officers or the principals thereof
which have a direct or indirect ownership interest in another firm or in which a parent
company or 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.
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CIP Contract No, 13-737
23. Contractor in Arrears of Default
The Contractor represents and warrants that the Contractor is not in arrears to the City
and is not in default 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 will deem as non -responsible Bids submitted by Bidders
where the City has determined that the Bidder is in monetary arrears to the City or
otherwise in debt or default to the City at the time and date Bids are due.
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.
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CIP Contract No. 13-737
SECTION 2 -- GENERAL TERMS .AND CONDITIONS
1. Definitions
Basis of Design means a specific manufacturer's product that is named; including the
make or model number or other designation, establishing the significant qualities related
to type, function, dimension, in-service performance, physical properties, appearance,. and
other characteristics for purposes of evaluating comparable products of other
manufacturers.
Bid means the response submitted by a bidder to this solicitation, which includes the
price, authorized signature and all other information or documentation required by the
Contract Documents at the time of submittal.
Bidder means any individual, firm, incorporated or unincorporated business entity, or
corporation tendering a Submittal, acting directly or through a duly authorized
representative.
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.
City Manager means the duly appointed chief administrative officer of the City of Miami.
Commissioning means the employing total building commissioning practices tailored to
the size and complexity of the building site, building and its system components in order to
verify performance of all components and systems and help ensure that design
requirements are met. This includes a designated commissioning authority a
commissioning plan, verification of the installation and performance of systems to be
commissioned, and a commissioning report.
Completed Project(s) means a project for which the applicable regulatory authority has
issued a Temporary Certificate of Occupancy or Completion, or a Final Certificate of
Occupancy or Completion.
Consultant means a firm that has entered into a separate agreement with the City for the
provision of design/engineering services for a Project.
Contract means the Invitation to Bid (ITB) solicitation and the Bid documents that have
been executed by the Bidder and the City subsequent to approval of award by the City.
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.
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Contract Documents means the Contract as may be amended from time to time, the
plans and drawing, all addendum, clarifications, directives, change orders, payments and
other such documents issued under or relating to the Project(s).
Construction Change Directive means a written directive to effect changes to the Work,
issued by the Consultant or the Director that may affect the ITB Contract price or time.
Construction Schedule means a critical path schedule or other construction schedule,
as defined and required by the Contract Documents.
Consultant means a firm that has entered into a separate agreement with the City for the
provision of design/engineering services for a Project. Consultant shall also mean the
Architect or Engineer of Record contracted by the City to prepare the plans and
specifications for the Projects. Consultant may also be referred to as Architect or
Engineer of Record.
Cure means the action taken by the Contractor promptly after receipt of written notice
from the City of a breach of the Contract Documents which shall be performed at no cost
to the City, to repair, replace, correct, or remedy all material, equipment, or other elements
of the Work or the Contract Documents affected by such breach, or to otherwise make
good and eliminate such breach, including, without limitation, repairing, replacing or
correcting any portion of the Work or the Project(s) site(s) disturbed in performing such
cure.
Cure Period means the period of time in which the Contractor is required to remedy
deficiencies in the Work, or compliance with the Contract Documents after receipt of
written Notice to Cure from the City identifying the deficiencies and the time to Cure,
Design Documents means the construction plans and specifications included as part of
this Bid prepared by the Consultant for this Project(s) under a separate Agreement with
the City.
Director means the Director of the Capital Improvements Program or designee, who has
the authority and responsibility for managing the Project(s) under this Agreement.
Drawings means the graphic and pictorial portions of the Work, which serve to show the
design, location and dimensions of the Work to be performed, including, without
limitation, all notes, schedules and legends on such Drawings.
Field Directive means a written approval for the Contractor to proceed with Work
requested by the City or the Consultant, which is minor in nature and typically should not
involve additional cost.
Final Completion means the date subsequent to the date of Substantial Completion at
which time the Contractor has completed all the Work in accordance with the Agreement
as certified by the Consultant and/or the City and submitted all documentation required by
the Contract Documents.
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.
Integrated Design or IDP means the use of a collaborative, integrated planning and
design process consistent with ASTM E 2348, Standard Guide for Framework for a
Consensus -based Environmental Decision making Process that Initiates and maintains an
integrated project team in all stages of a project's planning and delivery; establishes
performance goals for sitting, energy, water, materials, and indoor environmental quality
along with other comprehensive design goals; and, ensures incorporation of these goals
throughout the design and lifecycle of the building; and considers all stages of the
building's lifecycle, including deconstruction.
Materials mean goods or equipment incorporated in a Project(s), or used or consumed in
the performance of the Work.
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Notice of Award means the written letter to the Contractor notify the Contractor that they
have been awarded the Contract.
Notice To Proceed means a written letter or directive issued by the Director or designee
acknowledging that all conditions precedent have been met and directing that the
Contractor may begin Work on the Project(s).
Plans and/or Drawings mean the official graphic representations of a Project(s).
Project Or Work as used herein refers to all reasonably necessary and inferable
construction and services required by the Contract Documents whether completed or
partially completed, and includes all other labor, materials, equipment and services
provided or to be provided by the Contractor to fulfill its obligations, including completion
of the construction in accordance with the Drawings and Specifications. The Work may
constitute the whole or a part of the Project(s).
Project Manager means the individual assigned by CIP to manage the Project(s).
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.
Specifications mean all of the definitions, instructions, descriptions, directions,
requirements, provisions and standards (and all written supplements thereto) pertaining to
the methods, (or manner) of performing and actual performance of the Work, or quantities
and quality of accepted materials to be furnished under the Contract Documents.
Subcontractor means a person, firm or corporation having a direct contract with
Contractor including one who furnishes material worked to a special design according to
the Contract Documents, but does not include one who merely furnishes Materials not so
worked.
Submittal means documents prepared and submitted by the Bidder to pre -qualify under
this solicitation.
Substantial Completion means that point at which the Work is at a level of completion in
substantial compliance with the Agreement such that the City can use, occupy and/or
operate the facility in all respects to its intended purpose. Substantial Compliance shall
not be deemed to have occurred until any and all governmental entities, which regulate or
have jurisdiction over the Work, have inspected, and approved the Work. Beneficial use
or occupancy shall not be the sole determining factor in determining whether Substantial
Completion has been achieved, unless a temporary certificate of occupancy has been
issued.
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,
Spoil Island E — Restoration & Floating Dock B-30721
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ITB 12.13-034
and for the delivery and installation of materials and equipment, were included because of
their importance to the City.
Contractor acknowledges and recognizes that the City is entitled to full and beneficial
occupancy and use of the completed Project following expiration of the Contract Time.
In agreeing to bear the risk of delays for completion of the Work except for extensions
approved in accordance with Article 72, Excusable Delays, the Contractor understands
that, except and only to the extent provided otherwise In the Contract Documents, the
occurrence of events of delay within the Contractor's, control, the Work shall not excuse
the Contractor from its obligation to achieve full completion of the Work within the Contract
Documents Time, and shall not entitle the Contractor to an adjustment. All parties under
the control or contract with the Contractor shall include but are not limited to material
persons, Subcontractors, suppliers, and laborers.
The Contractor acknowledges that the City is purchasing the right to have the Contractor
continuously working at the Project(s) site(s) for the full duration of the Project(s) to
ensure the timely completion of the Work.
3. Contract Term
The Contract shall commence upon issuance of the Notice of Award, which shall be
issued subsequent to the execution of the Contract by the City. The Contract shall
terminate upon notice by the City that the Contract has been closed -out after final
completion or otherwise terminated by the City pursuant to the terms and conditions
herein set forth.
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:
CITY OF MIAMI:
Mr. Mark Spanioli, P.E., Director
City of Miami
Capital Improvements Program
444 S.W. 2nd Avenue - 8th Floor
Miami, Florida 33130
Mr. Jeovanny Rodriguez, P.E., Assistant Director
City of Miami
Capital Improvements Program
444 S.W. 2nd Avenue - 8th Floor
Miami, Florida 33130
CONTRACTOR:
Mr. John Kearns, Vice President
Kearns Construction Company
4101 Braganza Avenue
Coconut Grove, FL 33133
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CIP Contract No. 13-737
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ITB 12.13-034
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.
5. Priority of Provisions
If there is a conflict or inconsistency between any term, statement requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or any
document incorporated into the Contract Documents by reference and a term, statement,
requirement, the specifications and plans prepared by the Consultant, or provision of the
Contract Documents the following order of precedence shall apply:
In the event of conflicts iri the Contract Documents the priorities stated below shall govern;
• Revisions and Change Orders to the Contract shall govern over the Contract
• The Contract Documents shall govern over the Contract
• Addendum to an ITB shall govern over an ITB
In the event of conflicts within the Contract Documents the priorities stated below shall
govern:
• Scope of Work and Specifications shall govern over plans and drawings
• Schedules, when identified as such shall govern over all other portions of the plans
• Specific notes shall govern over all other notes, and all other portions of the plans,
unless specifically stated otherwise
• Larger scale drawings shall govern over smaller scale drawings
• Figured or numerical dimensions shall govern over dimensions obtained by scaling
• Where provisions of codes, manufacturer's specifications or industry standards are
in conflict, the more restrictive or higher quality shall govern
6. Indemnification
Contractor shall indemnify , hold harmless and defend the City, its officials, officers,
agents, directors, and employees, from liabilities, damages, losses, and costs, including,
but not limited to reasonable attorneysfees, to' the extent caused by the negligence,
recklessness or intentional wrongful misconduct of Contractor and persons employed or
utilized by Contractor in the performance of this Contract and will indemnify, hold
harmless and defend the City, its officials, officers, agents, directors and employees
against, any civil actions, statutory or similar claims, injuries or damages arising or
resulting from the permitted work, even if it is alleged that the City, its officials and/or
employees were negligent, unless such injuries or damages are ultimately proven to be
the result of grossly negligent or willful acts or omissions on the part of the City, its officials
and/or employees. These indemnifications shall survive the term of this Contract. In the
event that any action or proceeding is brought against City by reason of any such claim or
demand, Contractor shall, upon written notice from City, resist and defend such action or
proceeding by counsel satisfactory to City. The Contractor expressly understands and
agrees that any insurance protection required by this Contract or otherwise provided by
Contractor shall in no way limit the responsibility to indemnify, keep and save harmless
and defend the City or its officers, employees, agents and instrumentalities as herein
provided.
The indemnification provided above shall obligate Contractor to defend at its own expense
to and through appellate, supplemental or bankruptcy proceeding, or to provide for such
defense, at City's option, any and all claims of liability and all suits and actions of every
name and description which may be brought against City whether performed by
Contractor, or persons employed or utilized by Contractor.
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CIP Contract No. 13-737
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
which conforms to the limitations of §725,06 and/or §725.08, Fla. Statutes, as amended
from time to time as applicable.
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. Applicable coverage's
are underlined.
71. Workers' Compensation insurance is to apply for all employees in
compliance with the Statutory "Workers' Compensation Law" of the State of
Florida and all applicable federal laws. In addition, the policy(ies) must
include:
■ Waiver of Subrogation
■ Statutory State of Florida
■ Limits of Liability
• USL&H Endorsement
7.2. Employers' Liability with a limit of One Million Dollars ($1,000,000.00)
for bodily injury caused by an accident, each accident; One Million Dollars
($1,000,000.00) for bodily injury caused by disease, each employee; One
Million Dollars ($1,000,000.00) for bodily injury caused by disease, policy
limit.
7.3. Commercial General Liability (CGL) (Primary & Non Contributory) with
minimum limits of One Million Dollars ($1,000,000.00) each occurrence,
combined single limit for Bodily Injury Liability and Property Damage
Liability, with a general aggregate limit of Two Million Dollars
($2,000,000.00), Coverage must be afforded on a primary and non-
contributory basis and with a coverage form no more restrictive than the
latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office, and
must include:
• Products and/or Completed Operations for contracts with an
Aggregate Limit of One Million Dollars ($1,000,000.00) per project.
Contractor shall maintain in force until at least three years after
completion of all Work required under the Contract, coverage for
Products and Completed Operations, including Broad Form
Property Damage.
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■ Personal and Advertising Injury with an aggregate limit of One
Million Dollars ($1,000,000).
• CGL Required Endorsements
o Contingent Liability
o Contractual Liability
o Premises and/or Operations
o Explosion, Collapse and Underground Hazards
o Loading and Unloading
o Mobile Equipment (Contractor's Equipment) whether owned,
leased, borrowed or rented by Contractor or employees of the
Contractor.
City is to be expressly included as an Additional Insured pursuant to
endorsement number CG 2010 11/85 or its equivalence.
7.4. Business Automobile Liability with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence combined single limit for Bodily
Injury and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Business Automobile
Liability policy, without restrictive endorsements, as filed by the Insurance
Services Office, and must include:
• Auto/All Owned Autos/Scheduled.
• Hired, Borrowed, and Non -Owned Vehicles.
■ City of Miami as Additional Insured
77 Umbrella Policy
(Excess Following Form)
■ Bodily injury and property damage liability with limits of Two Million
Dollars ($2,000,000) each occurrence and an aggregate limit of
Two. Million Dollars ($2,000,000).
Excess coverage over the policies as follows:
■ Commercial General Liability
Business Automobile Liability
• Employer's Liability
City of Miami is listed as an additional insured.
7.6. Builder's Risk
Causes of loss: All Risk -Specific Coverage Project Location
Valuation: Replacement Cost Deductible: $10,000, all other Perils 5%
maximum on Wind and Flood, if applicable, City of Miami included as an
Additional Insured.
A. LimitNalue at Location or Site (100% of construction value)
B. Coverage Extensions — as provided by carrier
7.7 Owners & Contractor's Protective
Each. Occurrence
General Aggregate
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$1,000,000
$1,000,000
ITS 12-13-034
7.8 Protection and Indemnity
$1,000,000
Jones Act included
City of Miami listed as an additional insured
The above policies shall provide the City with written notice of cancellation or material
change from the insurer in accordance to policy provisions.
Notice of Cancellation and/or Restriction --The policy(ies) must be endorsed to provide
the City with at least thirty (30) days' notice of cancellation and/or restriction.
Contractor shall furnish to the Capital Improvement Program the Certificates of Insurance
or endorsements evidencing the insurance coverage specified above within fifteen (15)
calendar days after notification of award of the Contract. The required Certificates of
Insurance shall name the types of policies provided, refer specifically to this Contract, and
state that such insurance is as required by this Contract.
The official title of the Owner is the City of Miami, Florida. This official title shall be used in
all insurance documentation.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A" as to management, and no less than "Class
V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by
A.M..Best Company, Oldwick, New Jersey, or its equivalent. All policies and Ior
certificates of insurance are subject to review and verification by Risk Management prior
to insurance approval.
The Risk Administrator or his/her authorized designee reserves the right to require
modifications, increases, or changes in the required insurance requirements, coverage,
deductibles or other insurance obligations by providing a thirty (30) day written notice to
the Contractor in accordance with Section 2, General Conditions, Article 4, Notices.
Contractor shall comply with such requests unless the insurance coverage is not then
readily available in the national market, An additive or deductive change order will be
issued to adjust the contract value as necessary. For insurance bonding issues and
decisions, the City shall act through its Risk Administrator (unless otherwise stated).
8. Performance and Payment Bond
Where required by the Contract Documents, the Contractor shall within fifteen (15)
calendar days of being notified of award, furnish a Performance/Payment Bond ("Bond")
containing all the provisions of the attached Performance/Payment forms.
Each Bond shall be in the amount of one hundred percent (100%0) 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 14, 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 fisted as an Obligee.
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CIP Contract No, 13-737
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):
Each Bond must be executed by a surety company with a rating of (A-) and based on the
Financial Size Category of (MI). The surety company must be of recognized standing,
authorized to do business in the State of Florida as surety, having a resident agent in the
State of Florida and having been in business with a record of successful continuous
operation for at least five (5) years.
The Surety shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with United States Department of Treasury Circular 570, Current
Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the
circular, in order to qualify, the net retention of the Surety shall not exceed the
underwriting limitation in the circular, and the excess risks must be protected by
coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297,
revised September 1, 1978 (31 DFR Section 223.10, Section 223,111). Further, the
Surety shall provide City with evidence satisfactory to City, that such excess risk has been
protected in an acceptable manner.
10. General Requirements
The employee(s) of the Contractor shall be considered to be at all times its employee(s),
and not employee(s) or agent(s) of the City or any of its departments.
The Contractor agrees that the Contractor will at all times employ, maintain and assign to
the performance of a Project a sufficient number of competent and qualified professionals
and other personnel to meet the requirements of the Work to be performed.
The Contractor agrees to adjust staffing levels or to replace any staff personnel if so
requested by the Project Manager, should the Project Manager make a determination that
said staffing is unacceptable or that any individual is not performing in a manner
consistent with the requirements for such a position.
The Contractor shall perform the work complete, in place, and ready for continuous
service, and shall include repairs, testing, permits, clean-up, replacements, and
restoration required as a result of damages caused during this construction.
The Contractor represents that its personnel and Subcontractors have the proper skills,
training, background, knowledge, experience, rights, authorizations, integrity, character
and licenses as necessary to perform the Work, in a competent and professional manner.
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The Contractor shall provide temporary facilities and controls necessary to perform the
Work and to ensure safe and proper access and use of the site by the Project Manager
and the Consultant. The Contractor shall at all times cooperate with the City, or the
Consultant and coordinate its respective Work efforts to most effectively and efficiently
progress the performance of the Work.
The City, the Consultant and other agencies authorized by the City, shall have full access
to the Project(s) site(s) at all times.
The Contractor shall be responsible for the good condition of the Work or materials until
formal release from his obligations under the terms of the Contract Documents.
All newly constructed work shall be carefully protected from injury in any way. No
wheeling or walking or placing of heavy loads on it shall be allowed and the Contractor at
its own expense shall reconstruct all portions damaged.
Contractor shall bear. all .losses incurred on account of the amount o.r 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
re
quire the
e
to the prejudice of Work. already started, and the Project Manager g may q
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.
Cont
ractor is responsible to control dust and prevent it from becoming a public nuisance
or causing off -site damage. Contractor shall take all necessary and prudent measure to
control dust.
The apparent silence of the Contract Documents as to any detail, or the apparent
omission from them of a detailed description concerning any Work to be done and
materials to be furnished, shall be regarded as meaning that only the best general
practice is to prevail and that only material and workmanship of the best quality is to be
used, and interpretation of the Contract Documents shall be made upon that basis.
When measurements are affected by conditions already established or where items are to
be fitted into constructed conditions, it shall be the Contractor's responsibility to verify all
such dimensions at the site and the actual job dimensions shall take precedence.
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,
I'.
in the opinion of the Project Manager or Consultant, the Contractor is not proceeding with
the Work diligently or expeditiously or is not performing all or any part of the Work
according to the Project schedule accepted by or determined by the Project Manager or
Consultant, the Project Manager or the Consultant shall have the right to order the
Contractor to do either or both of the following: (1) improve its work force; and/or (2)
improve its performance in accordance with the schedule to ensure completion of the
Project(s) within the specified time. The Contractor shall immediately comply with such
orders at no additional cost to the City. (3) The City at its sole option may also have Work
performed by a third party contractor and deduct such cost from any monies due the
Contractor.
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CIP Contract No. 13-737
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 necessary to protect adjacent property
during excavation of subsoil materials or during filling of any area(s), or for any operation
that may be required during the performance of the Work.
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GIP Contract No• 13-737
Any failure by the Contractor to acquaint itself with all the provided information and
information obtained by visiting the Project(s) site(s) will not relieve Contractor from
responsibility for properly estimating the difficulty or cost thereof under the Contract
Documents.. In the event that the actual subsurface conditions vary from the actual City
provided reports the Contractor shall notify the City and this Contract Documents amount
may be adjusted up or down depending on the conditions.
14. Contractor to Check Plans, Specifications and Data
Contractor shall verify all dimensions, quantities and details shown on the plans,
specifications or other data received from Project Manager or Consultant as part of a
Contract Documents, and shall notify the Project Manager and the Consultant of all errors,
omissions and discrepancies found therein within three (3) calendar days of discovery,
Contractor will not be allowed to take advantage of any error, omission or discrepancy, as
full instructions will be furnished the Project Manager or by Consultant. Contractor shall
not be.liable for damages resulting from errors,omissions or discrepancies in the Contract
Documents unless Contractor recognized such error, omission or discrepancy and
knowingly failed to report it to Project Manager or Consultant.
15. Contractor's Responsibility for Damages and Accidents
Contractor shall accept full responsibility for Work against all losses or damages of
whatever nature sustained until Final Acceptance by City, and shall promptly repair or
replace, at no additional cost to the City any Work, materials, equipment, or supplies
damaged, lost, stolen, or destroyed from any cause whatsoever.
Contractor shall accept full responsibility for Work against all losses or damages of
whatever nature sustained until Final Acceptance by City, and shall promptly repair or
replace, at no additional cost to the City, and to the satisfaction of the Project Manager,
any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any
cause whatsoever.
Lawn Areas - All lawn areas disturbed by construction shall be replaced with like kind to a
condition similar or equal to that existing before construction. Where sod is to be removed,
it shall be carefully removed, and the same re -sodded, or the area where sod has been
removed shall be restored with new sod in the manner described in the applicable section.
Fences - Any fence, or part thereof, that is damaged or removed during the course of the
work shall be replaced or repaired by the Contractor, and shall be left in as good a
condition as before the starting of the work.
Where fencing, walls, shrubbery, grass strips or area must be removed or destroyed
incident to the construction operation, the Contractor shall, after completion of the work,
replace or restore to the original condition all such destroyed or damaged landscaping and
improvements.
16. Accidents
The Contractor shall provide such equipment and facilities as are necessary or required,
In the case of accidents, for first aid service to person who may be injured during the
Project(s) duration. The Contractor shall also comply with the OSHA requirements as
defined in the United States Labor Code 29 CFR 1926.50.
In addition, the Contractor must report immediately to the Project Manager and Consultant
every accident to persons or damage to property, and shall furnish in writing full
information, including testimony of witnesses regarding any and all accidents.
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17. Safety Precautions
Contractor shall be solely responsible for initiating,maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or Toss 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.
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If an emergency condition should develop during a Project, the Contractor must
immediately notify the Project Manager and Consultant of each and every occurrence.
The Contractor should also recommend any appropriate course(s) of action to the Project
Manager and the Consultant.
18. Occupational Health and Safety
In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section
38F-41.03 of the Florida Administrative Code delivered as a result of a Project must be
accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
• The chemical name and the common name of the substance.
• The hazards or other risks in the use of the substance, including:
o The potential for fire, explosion, corrosion, and reaction;
o The known acute and chronic health effects of risks from exposure, including
the medical conditions which are generally recognized as being aggravated by
exposure to the substance; and
o The primary routes of. entry and symptoms of overexposure.
• The proper precautions, handling practices, necessary personal protective
equipment, and other safety precautions in the use of or exposure to the
substances, including appropriate emergency treatment in case of overexposure.
• The emergency procedure for spills, fire, disposal, and first aid.
• A description in lay terms of the known specific potential health risks posed by the
substance intended to alert any person reading this information.
• The year and month, if available, that the information was compiled and the name,
address, and emergency telephone number of the manufacturer responsible for
preparing the information.
19. Labor and Materials
Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor,
water, tools, equipment, light, power, transportation and other facilities and services
necessary for the proper execution and completion of the Work, whether temporary or
permanent and whether or not incorporated or to be incorporated in the Work.
Contractor shall at all times enforce strict discipline and good order among its employees
and Subcontractors at the Project(s) site(s) and shall not employ on the Project(s) any
unfit person or anyone not skilled in the Work to which they are assigned.
20. Rules, Regulations, and Licenses
The successful Contractor shall comply with all laws and regulations applicable to
provision of services specified in the Contract Documents. The Contractor shall be
familiar with all federal, state and local laws that may in affect the goods and/orr 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
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CIP Contract No, 13-737
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ITB 12.13.034
identified, the Consultant and the Project Manager will have authority to act on behalf of
the City to the extent provided in the Contract Documents and as outlined in Article 25,
Authority of the Project Manager, of the General Terms and Conditions.
On the basis of the on -site observations, the Consultant will keep the Project Manager
informed of the progress of the Work, In the capacity of interpreter, the Consultant will
exercise the best efforts to ensure faithful performance by both the Project Manager and
the Contractor and will not show partiality to either,
The Project Manager will assist the Consultant in conducting inspections to determine the
date or dates of Substantial Completion and Final Acceptance and will receive and review
written warranties and related documents required by the Contract and the Contract
Documents, The Consultant will be responsible for receiving all documentation for review
and acceptance. Upon acceptance such documentation will be forwarded to the Project
Manager, The Project Manager in conjunction with the Consultant will approve Schedules
of Values, Project Schedules, Subcontractors and invoices,
The City may contract for additional consultant services, including but not limited to
construction examination and observation services. Such services are intended to be
additional services and are not intended to and shall not be construed to supplant or alter
the role and responsibilities of the Consultant.
In case of the termination of employment of the Consultant, the City may, at its sole
discretion, appoint another Consultant, whose status under the Contract shall be as that of
the former Consultant.
22. Project Management
Where a Contractor is awarded Work, the Contractor shall be responsible for all Project
management, including any and all subcontracts necessary to ensure that the Work is
performed in accordance with the Contract Documents. Project Management shall
include, 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.
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On Projects in excess on thirty (30) calendar days the Contractor's superintendent shall
record, at a minimum, the following information in a bound log: the day; date; weather
conditions and how any weather condition affected progress of the Work; time of
commencement of Work for the day; the Work being performed; materials, labor,
personnel, equipment and Subcontractors at the Project(s) site(s); visitors to the Project
site, including representatives of the City, Consultant, regulatory representatives; any
special or unusual conditions or occurrences encountered; and the time of termination of
Work for the day. All information shall be recorded in the daily log in indelible ink. The
daily log shall be kept on the Project(s) site(s) and shall be available at all times for
inspection and copying by Project Manager and Consultant.
The Project Manager, Contractor and Consultant shall meet at least every two (2)weeks
or as otherwise determined by the Project Manager, during the course of the Work to
review and agree upon the Work performed and outstanding issues. The Contractor shall
publish, keep, and distribute minutes and any comments thereto of each such meeting.
If Contractor, in the course of performing the Work, finds any discrepancy between the
Contract Documents and the physical conditions of the locality, or any errors, omissions,
or discrepancies in the Plans, it shall be Contractor's duty to immediately inform Project
Manager and Consultant, in writing, and Project Manager or Consultant, will promptly
review the same. Any Work done after such discovery, until authorized, will be done at
Contractor's sole risk.
Contractor shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform
the Work in accordance with the Contract Documents. Contractor shall be solely
responsible for the means, methods, techniques, sequences and procedures of
construction.
All Work, including trade Work shall be performed and supervised by properly licensed for
the Work being performed.
24. Subcontractors
Contractor is solely responsible for all acts and omissions of its Subcontractors Nothing in
the Contract Documents shall create any contractual relationship between any
Subcontractor and the City. Contractor is responsible for the timely payment of its
Subcontractors and suppliers as required by Florida Stature. Failure to comply with these
payment requirements will place the Contractor in default of the Contract.
Contractor shall not employ any subcontractor against whom City and or Program
Manager may have a reasonable objection. Contractor shall not be required to employ
any subcontractor against whom Contractor has a reasonable objection. Contractor shall
utilize the Subcontractors identified in its Bid submission. The replacement, addition, or
deletion of any Subcontractor(s) shall be subject to the prior written approval of the Project
Manager. With the submission of its pay application the Contractor must identify the
number of personnel they and the Subcontractor(s) are using who are working under H2B
Visas. Third tier subcontracting is only permitted with the prior written approval of the
Project Manager.
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CIP Contract No. 13-737
25. Authority of the Project Manager
The Director hereby authorizes the Project Manager and the Consultant designated in the
Contract Documents to determine, all questions of any nature whatsoever arising out of,
under or in connection with, or in any way relating to or on account of the Work, and
questions as to the interpretation of the Work to be performed under this Contract
Documents.
The Contractor shall be bound by all determinations or orders of the Project Manager
and/or Consultant and shall promptly respond to requests of the Project Manager and/or
Consultant, including the withdrawal or modification of any previous order, and regardless
of whether the Contractor agrees with the Project Manager's and/or Consultant's
determination or requests. Where requests are made orally, the Project Manage and/or
Consultant will follow up in writing, as soon thereafter as is practicable.
The Project Manager and/or Consultant shall have authority to act on behalf of the City to
the extent provided by the Contract Documents, unless otherwise modified in writing by
the City. All instructions to the Contractor shall be issued in writing. All instructions to the
Contractor shall be issued through the Director, Project Manager or the Consultant.
The Project Manager and/or Consultant shall have access to the Project(s) Site(s) at all
times. The Contractor shall provide safe facilities for such access so the Project Manager
and Consultant may perform their functions under the Contract. The Project Manager and
Consultant will make periodic visits to the Work Site to become generally familiar with the
progress and quality of the Work, and to determine if the Work is proceeding in
accordance with the Contract Documents.
The Project Manager and Consultant will not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in
connection with the Work, and will not be responsible for the Contractor's failure to carry
out the Work in accordance with the Contract Documents.
The Project Manager and Consultant will have authority to reject Work that does not
conform to the Contract Documents. Whenever, in his or her opinion, it is considered
necessary or advisable to ensure the proper completion of the Contract Documents the
Project Manager and Consultant will have authority to require special inspections or
testing of the Work, whether or not such Work is fabricated, installed or completed,
Neither the Project Manager's nor Consultant's authority to act under this paragraph, nor
any decision made by him in good faith either to exercise or not to exercise such authority,
shall give rise to any duty or responsibility of the Project Manager or Consultant to the
Contractor, any subcontractor, supplier or any of their agents, employees, or any other
person performing any of the Work.
All interpretations and recommendations of the Project Manager and Consultant shall be
consistent with the intent of the Contract Documents,
The Project Manager and Consultant will not be responsible for the acts or omissions of
the Contractor, any Subcontractor, or any of their agents or employees, or any other
persons performing any of the Work.
26. Inspection of Work
The Project Manager, Consultant, Inspectors, and other City representatives shall at all
times have access to the Work during normal work hours, and Contractor shall provide
proper facilities for such access and for inspecting, measuring and testing,
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Should the Contract Documents, Consultant/Inspector Project Manager's instructions, any
laws, ordinances, or any public authority require any of the Work to be specially tested or
approved, Contractor shall give Project Manager and Consultant timely notice of
readiness of the Work for testing. If the testing or approval is to be made by an authority
other than a City of Miami contracted firm, timely notice shall be given of the date fixed for
such testing. Testing shall be made promptly, and, where practicable, at the source of ,
supply. If any of the Work should be covered up without approval or consent of Project
Manager or Consultant, it must, if required by the Project Manager and/or Consultant, be
uncovered for examination and properly restored at Contractor's expense.
Unless otherwise provided, the Contractor shall make arrangements for such tests,
inspections and approvals. The Contractor shall give the City and the Consultant timely
notice of when and where tests and inspections are to be made so that the City and
Consultant may be present for such procedures. All testing reports are to be sent directly
to the Project Manager by the testing firm, with a copy to the Contractor.
Re-examination of any of the Work may be ordered by the Project Manager and
Consultant, and if so ordered, the Work must be uncovered by Contractor. if such Work is
found to be in accordance with the Contract Documents, City shall pay the cost of
reexamination and replacement by means of a Change Order. If such Work is not in
accordance with the Contract Documents, Contractor shall pay such cost,
The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the City or separate contractors caused by
the Contractor's correction or removal of Work which is not in accordance with the
requirements of the Contract Documents.
Inspectors shall have no authority to permit deviations from, or to relax any of the
provisions of the Contract Documents or to delay the Work by failure to inspect the
materials and Work with reasonable promptness without the written permission or
instruction of Project Manager and Consultant.
The payment of any compensation, whatever may be its character or form, or the giving of
any gratuity or the granting of any favor by the Contractor to any Inspector, directly or
indirectly, is strictly prohibited, and any such act on the part of the Contractor will
constitute a breach of this Contract.
27. Taxes
Contractor shall pay all applicable sales, consumer, use and other taxes required by law.
Contractor is responsible for reviewing the pertinent state statutes involving state taxes
and complying with all requirements.
28. Separate Contracts
Prior to the commencement of the Work the Project Manager will notify the Contractor of
all ongoing projects or projects scheduled to commence during the Work that may require
coordination. The Contractor shall be responsible for coordinating the Work with any
other project to minimize any potential adverse impact. Contractor shall not be entitled to
any days of delay for failure to properly coordinate the Work. The Consultant and the
Project Manager will assist the Contractor in coordinating the Work. However, the sole
responsibility for coordination rests with the Contractor.
If any part of Contractor's Work depends for proper execution or results upon the work of
any other persons, Contractor shall inspect and promptly report to Project Manager and
Consultant any defects in such work that render it unsuitable for such proper execution
and results. Contractor's failure to so inspect and report shall constitute an acceptance of
the other person's work as fit and proper for the reception of Contractor's Work, except as
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CIP Contract No. 13-737
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
an the site. Should such interference or impact occur, Contractor shall be liable to the
affected contractor for the cost of such interference or impact.
To ensure the proper execution of subsequent Work, Contractor shall inspect the Work
already in place and shall .at once report to Project Manager and Consultant any
discrepancy between the executed Work and the requirements of the Contract
Documents.
29. Lands of Work
City shall provide, as may be indicated in the Contract Documents, the lands upon which
the Workis to be performed, rights -of -way and easements for access thereto and such
other lands as are designated by City for the use of Contractor.
Contractor shall provide, at Contractor's own expense and without liability to City, any
additional land and access thereto that may be required for temporary construction
facilities, or for storage of materials. Contractor shall furnish to City copies of written
permission obtained by Contractor from the owners of such facilities.
30. Coordination of Work
The Project Site(s) may be occupied and may operate on a twenty-four hour seven day a
week schedule. Contractor shall ensure that the performance of the Work does not
impact any ongoing operations at Project(s) site(s), which also includes the delivery of any
materials and equipment. Access to and egress from the Project Site(s) shall be
coordinated with the Project Manager and the Consultant to minimize interference to
regular and emergency operations of the facility.
During progress of Work under this Contract, it may be necessary for other contractor's
and persons employed by the City to Work in or about the Project. The City reserves the
right to put such other contractors to work and to afford such access to the Project site of
the Work to be performed hereunder at such times as the City deems proper.
If this Contract requires a portion of the Work to be tied into work done under another
Contractor(s), it will be necessary for Contractor to plan its Work and cooperate with other
contractors insofar as possible to prevent any interference and delay.
The Contractor is required to coordinate the Work with other contractors performing work
at the Project(s) site. The Contractor shall not impede or interfere with the work of other
contractors engaged in or about the Work and shall so arrange and conduct its Work that
such other contractors may complete their work at the earliest date possible.
31. Differing Site Conditions
In the event that during the course of the Work Contractor encounters subsurface or
concealed conditions at the Project(s) site(s) which differ materially from those shown in
the Contract Documents and from those ordinarily encountered and generally recognized
as inherent in work of the character called for in the Contract Documents; or unknown
physical conditions of the Project(s) site(s), of an unusual nature, which differ materially
from that ordinarily encountered and generally recognized as inherent in work of the
character called for in the Contract Documents, Contractor, without disturbing the
conditions and before performing any Work affected by such conditions, shall, within
twenty-four (24) hours of their discovery, notify the Project Manager and Consultant in
writing of the existence of the aforesaid conditions. Project Manager and the Consultant
shall, within two (2) business days after receipt of Contractor's written notice, investigate
the site conditions identified by Contractor. If, in the sole opinion of Project Manager or the
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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 e conditions, Project Manager or Consultant shall
recommend an equitable adjustment to the Contract Documents Price or Contract
Documents Time, .or both. If the Project Manager and Contractor cannot agree on an
adjustment in the Contract Price or Contract Time, the adjustment shall be referred to the
Director for determination. Should the Director determine that the conditions of the
Project(s) site(s) are not so materially different to justify a change in the terms of the
Contract Documents, the Director shall so notify the Project Manager, Consultant, and
Contractor in writing, stating the reasons, and such determination shall be final and
binding upon the parties hereto.
No request by Contractor for an equitable adjustment to the Contract Documents under
this provision shall be allowed unless Contractor has given written notice in strict
accordance with the provisions of this Article. No request for an equitable adjustment or
change to the Contract price or Contrect.Time. for differing site conditions shall be allowed
if made after the date certified by Consultant or Project Manager as the date of substantial
completion.
32. Existing Utilities
Known utilities and structures adjacent to or encountered in the Work may be shown on
the Drawings. Locations shown are taken from existing records and the best information
available from existing plans and utility investigations; however, it is expected that there
may be some discrepancies and omissions in the locations and quantities of utilities and
structures shown. Those shown are for the convenience of the Contractor only, and no
responsibility is assumed by the City, its officials or employees for their accuracy or
completeness. No request for additional compensation or contract time resulting from
encountering utilities not shown will be considered. The Contractor shall explore
sufficiently ahead of the Work to allow time for any necessary adjustments. The
Contractor must coordinate all underground utility locations through "Sunshine State One
Call of Florida, Inc.,' which shall be contacted a minimum of 48 hours before the
Contractor commences any digging. In addition, the Contractor is responsible for
removing all utility markings once the work is completed. Final payment to the Contractor
may be withheld until the utility marks are removed.
33. Contractor's Responsibility for Utility Properties and Service
Where the Contractor's operations could cause damage or inconvenience to railway,
telephone, fiber optic, television, electrical power, oil, gas, water, sewer or irrigation
systems, the Contractor shall make all arrangements necessary for the protection of these
utilities and services or any other known utilities.
Notify all utility companies that are affected by the construction operation at least 48 hours
in advance. Under no circumstance expose any utility without first obtaining permission
from the appropriate agency. Once permission has been granted, locate, expose, and
provide temporary support for all existing underground utilities and utility poles where
necessary.
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.
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In the event of interruption to domestic water, sewer, storm drain, or other utility services
as a result of accidental breakage due to construction operations, promptly notify the
proper authority. Cooperate with said authority in restoration of service as promptly as
possible and bear all costs of repair. In no event shall interruption of any utility service be
allowed unless granted by the owner of the utility.
In the event water service lines that interfere with trenching are encountered, the
Contractor may, by obtaining prior approval of the water utility, cut the service, dig
through, and restore the service with similar and equal materials at the Contractor's
expense and as approved by the Project Manager or Consultant.
Replace, with material approved by the Project Manager or Consultant, at Contractor's
expense, any and all other laterals, existing utilities or structures removed or damaged
during construction, unless otherwise provided for in the Contract Documents and as
approved by the Project Manager or Consultant.
Replace with material approved by the Project Manager or Consultant, at Contractor's
expense, any existing utilities damaged during the Work.
34. interfering Structures
An attempt has been made to show major structures on the furnished Drawings. While
the information has been compiled from the best available sources, its completeness and
accuracy cannot be guaranteed, and is presented as a guide. The Contractor shall field
verify all locations. Contractor shall coordinate with any affected companies, including
utility companies and take necessary precautions to prevent damage to existing structures
whether on the surface, above ground, or underground, including have the owner of the
interfering structures place temporary supports.
35. Field Relocation
During the process of the Work, it is expected that minor relocations of the Work may be
necessary. Such relocations shall be made only by the direction of the Project Manager
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.
36. Contractor's Use of Project Site(s)
Limitations may be placed on the Contractor's use of the Project(s) site(s) and such
limitations will be identified by the Project Manager. In addition to such limitations, the
Project Manager may make storage available to the Contractor at his sole discretion
based on availability of space. The Contractor shall also coordinate and schedule
deliveries so as to minimize disruptions to City day-to-day operations.
The Contractor shall limit its use of the Project site(s), so as to allow for the City's
continuous operation. This is necessary, as the Project Site(s) may remain in operation
during the Work.
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.
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o Keep existing driveways and entrances serving surrounding facilities clear and
available to the City, its employees and the public at all times; not use areas
for parking and/or storage of materials except as authorized by the Project
Manager.
o Assume all responsibility for its tools, equipment and materials, including any
materials purchased for the Work and not accepted by the City, and its
vehicles while performing Work for the City and/or while parked or stored at a
City facility. The City assumes no liability for damage or loss to the items
specified in this paragraph.
Access to parking and egress from the Project(s) site(s) shall be subject to the approval of
the Project Manager,
37. Warranty of Materials and Equipment
Contractor warrants to City that all materials and equipment furnished under the Contract
Documents will be new unless otherwise specified and that all of the Work will be of good
quality, free from faults and defects and in conformance with the Contract Documents and
Contract/Documents. All Work not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective. If
required by the Project Manager or Consultant, Contractor shall furnish satisfactory
evidence as to the kind and quality of materials and equipment. This warranty is not
limited by any other provisions within the Contract Documents.
38. Material and Equipment Shipment, Handling, Storage and Protection
Preparation for Shipment
When practical, equipment shall be factory assembled. The equipment parts and
assemblies that are shipped unassembled shall be furnished with assembly plan and
instructions. The separate parts and assemblies shall be factory match -marked or tagged
in a manner to facilitate assembly. All assemblies are to be made by the Contractor at no
additional cost to the City.
Generally, machined and unpainted parts subject to damage by the elements shall be
protected with an application of a strippable protective coating, or other approved
protective method.
Equipment shall be packaged or crated in a 'manner that will provide protection from
damage during shipping, handling, and storage.
The outside of the package or crate shall be adequately marked or tagged to indicate its
contents by name and equipment number, if applicable; approximate weight; state any
special precautions for handling; and indicate the recommended requirements for storage
prior to installation,
Packaging and Delivery of Spare Parts and Special Tools
Properly mark to identify the associated equipment by name, equipment, and part
number. Parts shall be packaged in a manner for protection against damage from the
elements during shipping, handling, and storage. Ship in boxes that are marked to
indicate the contents, Delivery of spare parts and special tools shall be made prior to the
time associated equipment is scheduled for the initial test run.
Shipment
All equipment and material shall be shipped with freight and shipping paid, FOB job site.
The Contractor shall request a 7-day advance notice of shipment from manufacturers,
and, upon receipt of such notice, provide the Engineer with a copy of the current delivery
information concerning equipment items and material items of critical importance to the
Project schedule,
Receiving
The Contractor shall unload and record the receipt of all equipment and materials at the
jobsite.
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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
The contractor shall provide the required or manufacturer's recommended maintenance
during storage, during the installation, and until such time as the City accepts the
equipment for full-time operation.
Salvage Equipment
Any salvageable pipe,' fittings, or other miscellaneous material or equipment removed
during construction and not reused in the Work shall be cleaned, hauled, and stored by
the Contractor at his own expense, where directed by the Project Manager or Consultant,
and shall remain the property of the City. All other material shall be disposed of by the
Contractor at his own expense,
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39. Manufacturer's Instructions
The Contractor shall:
Comply with manufacturer's requirements for the handling, delivery and storage of all
materials. Where required by the Contract Documents, Contractor shall submit
manufacturer's printed instructions for delivery, storage, assembly, and installation.
Comply with the manufacturer's applicable instructions and recommendations for the
performance of the Work, to the extent that these instructions and recommendations .are
more explicit or more stringent than requirements indicated in the Contract Documents
including the Contract Documents.
Inspect each item of material or equipment immediately prior to installation and reject
damaged and defective items.
Provide attachment and connection devices and methods for securing the Work; secure
Work true to line plumb and level, and within recognized industry standards; allow for
expansion and building movement; provide uniform joint width in exposed Work; arrange
joints in exposed Work to obtain the best visual effect and refer questionable visual effect
choices to the Consultant for final decision when applicable to the Work.
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,
40. Manufacturer's Warranty
Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or
implied, shall be made available to the City for material and equipment covered by this
Contract Documents. All material and equipment furnished shall be fully guaranteed by
the Contractor against factory defects and workmanship. At no expense to the City, the
Contractor shall correct any and all apparent and latent defects that may occur within the
manufacturer's standard warranty. The Contract Documents may supersede the
manufacturer's standard warranty, Manufacturer's warranties will become effective upon
Final Acceptance of the Project(s).
41. Reference Standards
Reference to the standards of any technical society, organization or body shall be
construed to mean the latest standard adopted and published at the date the Invitation to
Bid was issued, even though reference may have been made to an earlier standard. Such
'reference is hereby made a part of the Contract Documents the same as if herein
repeated in full and in the event of any conflict between any of these standards and those
specified; the most stringent shall govern unless otherwise stated.
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42. Submittals
Contractor shall check and approve all shop drawing, samples, product data, schedule of
values, and any and all other Submittals to make sure they comply with the Contract
Documents prior to submission to the Project Manager and Consultant.
Contractor by approving and submitting any Submittals, represents that they have verified
the accuracy of the Submittals, and that they have verified all of the Submittal information
and documentation with the requirements of the Contract Documents. At time of
submission the Contractor shall advise the Project Manager and Consultant in writing of
any deviations from the Contract Documents. Failure of the Contractor to advise the
Project Manager or Consultant of any deviations shall make the Contractor solely
responsible for any costs incurred to correct, add or modify any portion of the Work to
comply with the Contract Documents.
Each Submittal shall contain •a title block • containing the following information:
• Number and title of drawing, including Contract title and Number
• Date of drawing and revisions
• Name of Contractor and Subcontractor (if any) submitting drawings
• Name of Project, Building or Facility, and Owner's Project number
• Specification Section title and number
• Contractor's Stamp of approval, signed by the Contractor or his checker
• Space above the title block for Project Manager' or Consultant's action stamp
• Submittal or re -submittal number (whether first, second, third, etc.)
• Date of submittal
Contractor shall sign, in the proper block, each sheet of shop drawing and data and each
sample label to certify compliance with the requirements of the Contract Documents. Shop
drawings submitted without the stamp and signature shall be rejected and it will be
considered that the Contractor has not complied with the requirements of the Contract
Documents. Contractor shall bear the risk of any delays that may occur as a result of
such rejection.
City shall not be liable for any materials,: fabrication of products or Work commenced that
requires submittals until the Project Manager and/or Consultant has returned approved
submittals to the Contractor.
Contractor shall submit six (6) originals of each Submittal to the City. The City will return
three marked/reviewed sets to the Contractor. A Contractor's letter of transmittal cover
sheet must be attached to all Submittals' packages being transmitted to the City and
Consultant. The Contractor's letters of transmittal shall properly list and identify all
Submittal packages with number and description of each Submittal within the letter of
transmittal.
When catalogs, product data, diagrams or charts are submitted with more than one type
of product manufactured, clearly identify the particular item being submitted, including
options that are intended for use in that particular work or portion of work.
Contractor shall note in submittals/shop drawings to make references to Drawings,
drawings details, Specifications Sections, or any of the Contract Documents, as
necessary for clarity.
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Project Manager and/or Consultant shall make every effort to review Submittals within
fourteen (14) calendar days from the date of receipt by the Project Manager and/or
Consultant. Project Manager and/or Consultant's review shall only be for conformance
with design concepts and the information provided in the Contract Documents. The
approval of a separate item shall not constitute approval of an assembly in which the item
functions. The Project Manager and/or Consultant shall return the reviewed Submittal to
the Contractor for their use and distribution.
Acceptance of any submittal by the City or Consultant shall not relieve the Contractor of
any responsibility for any deviations from the requirements of the Contract Documents
unless the Contractor has given written notice to the Project Manager and/or Consultant of
the specific deviations and the Consultant has issued written approval of such deviations.
By approving and submitting shop drawings, product data and samples, the Contractor
represents that all materials, field measurements and field construction criteria related
thereto have been verified, checked and coordinated with the requirements of the Work
and have been verified, checked and coordinated with this Contract Documents.
Contractor shall be responsible for the distribution of all shop drawings, copies of product
data and samples, which bear the Project Manager's or Consultant's stamp of approval.
Distribution shall include, but not limited to; job site file, record documents file,
Subcontractor, suppliers, and other affected parties or entities that require the information.
The Contractor shall also provide copies of all plans approved and permitted by the
required governing authorities.
The Contractor shall not be relieved of responsibility for errors or omissions in any and all
submittals by the Project Manager's or Consultant's acceptance thereof. The Contractor
warrants the adequacy for the purpose intended of any shop drawings or portion of a
Submittal that alters, modifies or adds to the requirements of the Contract Documents.
Nothing in the Project Manager's or Consultant's review of Submittals shall be construed
as authorizing additional work or increased cost to the City.
43. Shop Drawings
Contractor shall submit Shop Drawings as required by the Contract Documents. The
purpose of the Shop Drawings is to show, in detail, the suitability, efficiency, technique of
manufacture, installation requirements, details of the item, and evidence of its compliance
or noncompliance with this Contract Documents.
Within five (5) calendar days after City's award of the Contract, Contractor shall submit to
Project Manager or Consultant a complete list and submittal log of items for which Shop
Drawings are to be submitted and shall identify the critical items and all submittal dates.
Approval of this list by Project Manager or Consultant shall in no way relieve the
Contractor from submitting complete Shop Drawings and providing materials, equipment,
etc., fully in accordance with the Contract Documents. This procedure is required in order
to expedite final approval of Shop Drawings.
After the approval of the list of items required in above, Contractor shall promptly request
Shop Drawings from the various manufacturers, fabricators, and suppliers.
Contractor shall thoroughly review and check the Shop Drawings and each and every
copy shall show its approval thereon. Contractor shall submit three (3) sets of shop
drawings.
Some shop drawings as either denoted in the Contract Documents or by the Florida
Building Code (Code) or Florida Statute, such as structural drawings, require that they be
prepared by a licensed engineer. It is the sole responsibility of the Contractor to ensure
that the Shop Drawings meet all Code requirements.
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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 responsibility to assemble the Shop Drawings for all such interconnecting
and/or interdependent items, check them and then make one submittal to Project
Manager and/or Consultant along with its comments as to compliance, noncompliance, or
features requiring special attention.
If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop
Drawings, any additional information or changes on such drawings shall be typewritten or
lettered in ink.
The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be
clear, thoroughly detailed and shall have listed on it all Contract Documents references,
drawing number(s), specification section number(s) and the shop drawing numbers of
related work. Shop drawings must be complete in every detail, including location of the
Work. Materials, gauges, methods of fastening and spacing of fastenings, connections
with other work, cutting, fitting, drilling and any and all other necessary information per
standard trade practices or as required for any specific purpose shall be shown.
Where professional calculations and/or certification of performance criteria of materials,
systems, and or equipment are required, the Project Manager and/or Consultant are
entitled to rely upon the accuracy and completeness of such calculations and certifications
submitted by the Contractor. Calculations, when required, shall be submitted in.a neat
clear and easy format to follow.
Contractor shall keep one set of Shop Drawings marked with Project Manager's and/or
Consultant's approval at the job site at all times.
44. Product Data
Contractor shall submit four (4) copies of product data, warranty information and operating
and maintenance manuals, Each copy must be marked to identify applicable products,.
models, options and other data. Contractor shall supplement manufacturer's standard
data to provide information unique to the Work.
Contractor shall only submit pages that are pertinent. Submittals shall be marked to
identify pertinent products, with references to the specifications and the Contract
Documents. Identify reference standards, performance characteristics and capacities,
wiring and piping diagrams and controls, component parts, finishes, dimensions and
required clearances.
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Contractor shall submit a draft of all product data, warranty information and operating and
maintenance manuals at 50% completion of construction.
45. Samples
Contractor shall submit samples to illustrate the functional characteristics of the
product(s). Submittals shall be coordinated for different categories of interfacing Work.
Contractor shall include identification on each sample and provide full information.
46. Record Set
Contractor shall maintain in a safe place at the Project(s) site(s) one record copy and one
permit set of the Contract Documents, including, but not limited to, all Drawings,
Specifications, shop drawings, amendments, Change Orders, RFIs, and Field Directives,
as well as all written interpretations and clarifications issued by the Project Manager or
Consultant, in good order and annotated to show all changes made during construction.
The record documents shall be continuously updated by Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Construction Change
Directives, and Field Directives as well as all written interpretations and clarifications, and
all concealed and buried installations of piping, conduit and utility services. Contractor
shall certify the accuracy of the updated record documents. As a condition precedent to
City's obligation to pay Contractor, the Contractor shall provide evidence, satisfactory to
the Project Manager and the Consultant, that Contractor is fulfilling its obligation to
continuously update the record documents. All buried items, outside the Project(s) site(s),
shall be accurately located on the record documents as to depth and in relationship to not
less than two (2) permanent features (e.g. interior or exterior wall faces). The record
documents shall be clean and all changes, corrections and dimensions shall be given in a
neat and legible manner in red. The record documents shall be available to the City and
the Consultant for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, the record documents shall be delivered to
the Project Manager or Consultant by the Contractor. The Record Set of Drawing shall be
submitted in both hard copy and as electronic plot files.
47. Supplemental Drawings and Instructions
The Project Manager or Consultant shall have the right to approve and issue
supplemental instructions setting forth written orders, instructions, or interpretations
concerning the Contract Documents or its performance, provided such Supplemental
Instructions involve no change in the Contract Documents Price or this Contract
Documents Time.
Project Manager or Consultant shall have the right to modify the details of the plans and
specifications, to supplement the plans and specifications with additional plans, drawings
or additional information as the Work proceeds, all of which shall be considered as part of
the Contract Documents. In case of disagreement between the written and graphic
portions of the Contract Documents, the written portion shall govern.
48. Contractor Furnished Drawings
The Contract Documents may require the Contractor to furnish design, shop and/or as -
built drawings depending on the nature and scope of the Work to be performed. The
following applies to the different types of drawings.
The Project Manager and/or Consultant shall, after review of the drawings, initial and mark
the drawings in one of the following manners:
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1. ACCEPTED - No correction required.
2. PROCEED AS CORRECTED - Minor changes or corrections identified. Work
can proceed subject to re -submittal and acceptance of the drawings.
3. REVISE AND RESUBMIT- Significant changes or corrections are
recommended. Submittal must be revised and resubmitted for acceptance
prior to Work proceeding.
4. REJECTED - Not in accordance with the Contract and/or Contract Documents
due to excessive changes or corrections or other justifiable reason. Drawings
must be corrected and resubmitted prior to any Work being performed.
Revisions required by the permitting jurisdiction must also be reviewed and accepted by
the Project Manager or Consultant prior to resubmission to the permitting agency.
Acceptance by the City shall not relieve the Contractor from responsibility for errors and
omissions in the drawings.
49. Substitutions
Substitutions will only be considered after the award of the Contract. Whenever materials
or equipment are specified or described in the Contract Documents by using the name of
a proprietary item or the name of a particular supplier, the naming of the item is intended
to establish the type, function and quality required. Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other suppliers may
be accepted by Project Manager if sufficient information is submitted by Contractor to
allow City and Consultant to determine that the material or equipment proposed is
equivalent or equal to that named. Requests for review of substitute items of material and
equipment will not be accepted by City and Consultant from anyone other than Contractor.
If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall have a maximum of two (2) re -submittals for any substitution or
"approved equal" to be reviewed by the City of Miami Project Manager and/or Architect or
Engineer of Record. Contractor shall comply with the original contract documents and
specifications after the two (2) re -submittals have been deemed "non -compliant" with the
contract documents. Contractor shall make application to the Consultant for acceptance
thereof, certifying that the proposed substitute shall perform adequately the functions and
achieve the results called for by the general design, be similar and of equal substance to
that specified and be suited to the same use as that specified. The application shall state
that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of Substantial Completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents to adapt the design to the proposed substitute and whether or not
incorporation or use by the substitute in connection with the Work is subject to payment of
any license fee or royalty. All variations of the proposed substitute from that specified will
be identified in the application and available maintenance, repair and replacement service
shall be indicated. The application also shall contain an itemized estimate of all costs that
will result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager and the Consultant in evaluating the proposed
substitute. The Project Manager or Consultant may require the Contractor to furnish at
Contractor's expense additional data about the proposed substitute.
If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by Contract Documents, Contractor may furnish or utilize a
substitute means, method, technique, sequence or procedure of construction acceptable
to the Consultant, if the Contractor submits sufficient information to allow the Consultant to
determine that the substitute proposed is equivalent to that indicated or required by the
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Contract Documents. The procedures for submission to and review by the Consultant
shall be the same as those provided herein for substitute materials and equipment.
The Consultant shall be allowed a reasonable time within which to evaluate each
proposed substitute. The Consultant and the City shall be the sole judges of the
acceptability of any substitute. No substitute shall be ordered, installed or utilized without
the City's and the Consultant's prior written acceptance which shall be evidenced by either
a Change Order or an approved submittal. The City and the Consultant may require the
Contractor to furnish at Contractor's expense a special performance guarantee or other
surety with respect to any substitute. If the City and the Consultant rejects the proposed
substitute, at their discretion, the City may require the Contractor to reimburse the City for
the charges of the Consultant for evaluating the proposed substitute.
Contractor shall maintain sole liability and responsibility for ensuring that all substitutions
and any required design of such are in full compliance with and meet all the requirements
of the Contract Documents,
50. City Furnished Drawings
The City, at its sole discretion, may furnish design drawings. It shall be the sole
responsibility of the Contractor to bring to the immediate attention of the Project Manager
and the Consultant any discrepancies between the drawings and existing conditions,
excluding hidden or unforeseen conditions, discovered prior to commencing and during
the Work. The Contractor shall be solely responsible for verifying the accuracy of the
drawings prior to commencing the Work, and shall be responsible for any errors or
revisions of the Work, which might have been avoided by notifying the City prior to
commencement. This shall also apply to any revisions or omissions identified by the
Contractor. The Contractor shall submit all requests for information entitled Request for
Information (RFD. The City shall respond to all RFI's in writing.
The Contractor shall have no basis for any claim for additional costs resulting from their
failure to identify any required revisions, omissions and/or errors, not identified in writing to
the Project Manager or Consultant prior to commencing the Work.
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.
51. Interpretation of Drawings and Documents
Drawings and specifications are intended to be consistent, be mutually explanatory, and
should be used together and not separately. During the performance of the Project(s),
should any errors, omissions, conflicts, ambiguities or discrepancies be found in the
drawings and/or specifications, the Project Manager or the Consultant will clarify in writing
the intent of the drawings and/or specifications and the Contractor agrees to abide by the
Project Manager's or Consultants interpretation and perform the Work in accordance with
the decision of the Project Manager or the Consultant. In such event, the Contractor will
be held to have included in its Contract Price the best materials suitable for the purpose
and/or methods of construction.
The drawings are to be addressed as a complete set and should not be used in parts.
Contractor is responsible to coordinate the set of drawings with all trades to ensure that
the Work will be performed correctly and coordinated among the trades. Contractor shall
not scale the drawings.
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52. Product and Material Testing
All tests shall be performed by the Contractor, except where otherwise specifically stated
in the Contract Documents. All costs for testing performed by the Contractor shall be at
the Contractor's expense. All reports are to be sent directly to the City's Project Manager
with a copy to the Contractor. The City may, in its sole and absolute discretion, test
materials and products at its own cost. However, should such materials or products fail to
pass the test and/or meet the requirements of the Contract Documents, the Contractor
shall reimburse the City for the cost of such tests and repair or replace said materials or
products. In such instances the City may deduct such cost from any payments pending to
the Contractor.
The City may require that the Contractor provide the name and qualification of the
company(ies) providing the testing services, inclusive of the testing laboratory(ies). The
City, in its sole discretion, may accept or reject the use of any company or laboratory that
it determines does not possess the required licenses or expertise to perform their portion
of the Work.
53. Field Directives
The Project Manager or Consultant may at times issue field directives to the Contractor
based on visits to the Project(s) Site(s). Such Field Directives shall be issued in writing
and the Contractor shall be required to comply with the directive. Where the Contractor
believes that the directive is outside the scope of the Work, the Contractor shall, within 48
hours, notify the Project Manager or Consultant that the work is outside the scope of the
Work. At that time the Field Directive may be rescinded or the Contractor may be
required to submit a request for a change to the Contract. Where the Contractor is
notified of the City's position that the Work is within the scope and the Contractor
disagrees, the Contractor shall notify the Project Manager or Consultant that the
Contractor reserves the right to make a claim for the time and monies based on the Field
Directive. At no time shall the Contractor refuse to comply with the directive. Failure to
comply with the directive may result in a determination that the Contractor is in default of
the Contract.
54. Changes in the Work or Contract Documents
Without invalidating the Contract Documents and without notice to any Surety, City
reserves and shall have the right, from time to time to make such increases, decreases or
other changes in the character or quantity of the Work under the Contract Documents as
may be considered necessary or desirable to complete fully and acceptably the proposed
construction of a Project In a satisfactory manner. Any extra or additional Work within the
scope of the Project(s) must be accomplished by means of appropriate Field Orders and
Supplemental Instructions or Change Orders.
Any changes to the terms of the Contract Documents must be contained in a written
document, executed by the parties hereto. This section shall not prohibit the issuance of
Change Orders executed only by City.
55. Continuing the Work
Contractor shall carry on the Work and adhere to the progress schedule during all
disputes or disagreements with City, including disputes or disagreements concerning a
request for a Change Order, a request for a change in the Contract price or Contract time
for completion. The Work shall not be delayed or postponed pending resolution of any
disputes or disagreements.
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56. Change Orders
Changes in the quantity or character of the Work within the scope of the Project(s) which
are not properly the subject of Field Orders or Supplemental Instructions, including all
changes resulting in changes in the Contract Price, or the Contract Time, shall be
authorized only by Change Orders approved in advance and issued in accordance with
the provisions of the City.
In the event satisfactory adjustment cannot be reached for any item requiring a change in
the Contract Price or Contract Time, and a Change Order has not been issued, City
reserves the right at its sole option to either terminate the Contract as it applies to the
items in question and make such arrangements as may be deemed necessary to
complete the disputed work; or submit the matter in dispute to the Director as set forth in
Article 88, Resolution of Disputes. During the pendency of the dispute, and upon receipt
of a Change Order approved by City, Contractor shall promptly proceed with the change
in the Work involved. and advise the Project Manager, Consultant, and Director in writing
within seven (7) calendar days of Contractor's agreement or disagreement with the
method, if any, provided in the Change Order for determining the proposed adjustment in
the Contract Price or Contract Time.
On approval of any Contract change increasing the Contract Price, Contractor shall
ensure that the performance bond and payment bond (if applicable) are increased so that
each reflects the total Contract Price as increased.
Under circumstances determined necessary by City, Change Orders may be issued
unilaterally by City.
The City reserves the right to order changes which may result in additions to or reductions
from the amount, type or value of the Work shown in the Contract and which are within the
general scope of the Contract,Documents. Any such changes will be known as Extra
Work.
No Extra Work shall be performed except pursuant to written orders of the Project
Manager or Consultant expressly and unmistakably indicating his/her intention to treat the
Work described therein as Extra Work. In the absence of such an order, the Project
Manager or Consultant may direct, order or require the Contractor to perform any Work
including that which the Contractor deems to be Extra Work. The Contractor shall
nevertheless comply and shall promptly and in no event after, begin the performance
thereof or incur cost attributable thereto and give written notice to the Project Manager
stating why he deems such Work (hereinafter "Disputed Work") to be Extra Work. Said
notice is for the purposes of (1) affording an opportunity to the Project Manager to cancel
such order, direction or requirements promptly; (2) affording an opportunity to the Project
Manager to keep an accurate record of materials, labor and other items involved; and (3)
affording an opportunity to the City to take such action as It may deem advisable in light of
such disputed Work.
57. Change Order Procedure
Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract
representing the reasonable cost or the reasonable financial savings related to the change
in Work. Extra Work may also result in an equitable adjustment in the Contract schedule
for performance for both the Extra Work and any other Work affected by the Extra Work.
The City shall initiate the Extra Work procedure by a notice to Contractor outlining the
proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the
Contractor is required to immediately start the Extra Work, The Contractor is required to
obtain permission for an extension to start the Extra Work if it is beyond the Contractor's
ability to start within the allotted timeframe.
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The Contractor is required to provide the Project Manager with a detailed Change
Proposal Request, using City Forms CPR Parts A-C (available on the CIP webpage),
which shall include requested revisions to the Contract, including but not limited to
adjustments in this Contract Price and Contract Time. The Contractor is required to
provide sufficient data in support of the cost proposal demonstrating its reasonableness.
In furtherance of this obligation, the City may require that the Contractor submit any or all
of the following: a cost breakdown of material costs, labor costs, labor rates by trade, and
Work classification and overhead rates in support of Contractor's Change Proposal
Request. The Contractor's Change Proposal Request must include any schedule
revisions and an explanation of the cost, and schedule impact of the Extra Work on the
Project(s). If the Contractor fails to notify the Project Manager or Consultant of the
schedule changes associated with the Extra Work, it will be deemed to be an
acknowledgment by Contractor that the proposed Extra Work will not have any scheduling
consequences. The Contractor agrees the Change Proposal Request will in no event
include a combined profit and overhead rate in excess of ten (10%) percent of the direct
labor and material costs, unless the Project Manager determines that the complexity and
risk of the Extra Work is such that an additional factor is appropriate. The Change
Proposal Request may be accepted or modified by negotiations between the Contractor
and the City. If an agreement on the Extra Work Is reached, both parties shall execute the
Extra Work order in writing via a Change Order. The execution by the Contractor of the
Change Order shall serve as a release of the City from all claims and liability to the
Contractor relating to, or in connection with, the Extra Work, including any impact, and any
prior acts, neglect or default of the City relating to the Extra Work.
Upon execution of a change order that affects the Contract Time the Contractor shall,
within five (5) business days submit a revised Project schedule reflecting the changes
against the baseline schedule.
58. No Oral Changes
Except to the extent expressly set forth in the Contract, no change in or
modification, termination or discharge of the Contract or, in any form whatsoever,
shall be valid or enforceable unless it is in writing and signed by the parties
charged, therewith or their duly authorized representative.
59. Value of Change Order Work
The value of any Work covered by a Change Proposal Request or of any claim for an
increase or decrease in the Contract Price shall be determined in one of the following
ways:
• Where the Work Involved is covered by unit prices contained in the Contract,
by application of unit prices to the quantities of items involved.
• By mutual acceptance of a lump sum which Contractor and Project Manager
acknowledge contains a component for overhead and profit.
• On the basis of the "cost of Work," determined as provided in this, plus a
Contractor's fee for overhead and profit which is determined as provided in this
Article.
• The term "cost of Work" means the sum of all direct costs necessarily incurred
and paid by Contractor in the proper performance of the Work described in the
Change Order. Except as otherwise may be agreed to in writing by the Project
Manager, such costs shall be in amounts no higher than those prevailing in the
locality of the Project, shall include only the following items and shall not
include any of the costs itemized in herein.
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Payroll costs for employees in the direct employ of Contractor in the performance of the
Work described in the Change Proposal Request under schedules of job classifications
agreed upon by Project Manager and Contractor. Payroll costs for employees not
employed full time on the Work covered by the Change Proposal Request shall be
apportioned on the basis of their time spent on the Work, Payroll costs shall include, but
not be limited to, salaries and wages plus the cost of fringe benefits which shall include
social security contributions, unemployment, excise and payroll taxes, workers' or
workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation
and holiday pay application thereto. Such employees shall include superintendents and
foremen at the site. The expenses of performing the Work after regular working hours, on
Sunday or legal holidays shall be included in the above to the extent authorized by City.
Cost of all materials and equipment furnished and incorporated in the Work, including
costs of transportation and storage thereof, and manufacturers' field services required in
connection therewith. ' All cash discounts shall accrue to Contractor unless City deposits
funds with Contractor with which to make payments, in which case the cash discounts
shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of
surplus materials and equipment shall accrue to City and Contractor shall make provisions
so that they may be obtained. Rentals of all construction equipment and machinery and
the parts thereof whether rented from Contractor or others in accordance with rental
agreements approved by City with the advice of Consultant and the costs of
transportation, loading, unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of any such equipment,
machinery or parts shall cease when the use thereof is no longer necessary for the Work,
If required by the City, Contractor shall obtain competitive bids for the Change Order
Work. Contractor and shall deliver such competitive bids to the City who will determine
which bids will be accepted. If the Subcontractor is to be paid on the basis of cost of the
Work plus a fee, the Subcontractor's cost of the Work shall be determined in the same
manner as Contractor's cost of the Work. All. Subcontractors shall be subject to the other
provisions of the Contract Documents insofar as applicable.
The term "Cost of the Work" shall include any of the following:
• Cost of special consultants, including, but not limited to, consultants, architects,
testing laboratories, and surveyors employed for services specifically related to
the performance of the Work described in the Change Order.
• Supplemental costs including the following;
• The proportion of necessary transportation, travel and subsistence expenses
of Contractor's employees incurred in discharge of duties connected with the
Work except for local travel to and from the site of the Work.
• Cost, including transportation and maintenance, of all materials, supplies,
equipment, machinery, appliances, office and temporary facilities at the site
and hand tools not owned by the workmen, which are consumed in the
performance of the Work, and less market value of such items used but not
consumed which remains the property of Contractor.
• Sales, use, or similar taxes related to the Work, and for which Contractor is
liable, imposed by any governmental authority.
• Deposits lost for causes other than Contractor's negligence; royalty payments
and fees for permits and licenses.
• The cost of utilities, fuel and sanitary facilities at the site.
• Receipted minor expenses such as telegrams, long distance telephone calls,
telephone service at the site, expressage and similar petty cash Items in
connection with the Work.
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• 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.
Contractor's overhead is considered to cover all indirect costs and shall also include the
costs of insurance and bonds.
The amount of credit to be allowed by Contractor to City for any such change which
results in a net decrease in cost will be the amount of the actual net decrease. When both
additions and credits are involved in any one change, the combined overhead and profit
shall be figured on the basis of the net increase, if any, however, Contractor shall not be
entitled to claim lost profits for any Work not performed,
Whenever the cost of any Work is to be determined pursuant to this Article, Contractor will
submit in a form acceptable to Project Manager or Consultant an itemized cost breakdown
together with the supporting data.
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Whenever a change in the Work is to be based on mutual acceptance of a lump sum,
whether the amount is an addition, credit or no change -in -cost, Contractor shall submit an
initial cost estimate acceptable to the Project Manager or Consultant.
■ Breakdown shall list the quantities and unit prices for materials, labor,
equipment and other items of cost.
■ Whenever a change Involves Contractor and one or more Subcontractors and
the change is an increase in the Contract Price, overhead and profit
percentage for Contractor and each Subcontractor shall be itemized
separately.
■ Each Change Order must state within the body of 'the Change Proposal
Request whether it is based upon unit price, negotiated lump sum, or "cost of
the Work."
60. Extra Work Directive
If the parties fail to reach agreement with respect to the proposed Extra Work, or in case
or extenuating circumstances, the City may nevertheless issue a directive to the
Contractor to do the proposed Extra Work. Immediately upon receipt of the Extra Work
Directive, the Contractor shall be obligated to proceed with the Work set forth in that
directive.
Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to
the Article 88, Resolution of Disputes, by furnishing a written statement to the Project
Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such
Extra Work which the Contractor disputes. Such dispute must relate to specific matters
rased 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 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.
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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 supporting all the costs of the Extra Work. If
payments on account are desired as the Extra Work progresses, the Contractor shall
render an itemized statement showing the total amount expended for each class of labor
and for each kind of material on account of each item of Work as a condition precedent to
the inclusion of such payment in a partial estimate, Upon the request of the City, the
Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor
agreements, records or other documents showing the actual cost for labor and materials.
Such documents shall not be binding on the City. The Project Manager shall determine
any questions or dispute as to the correct cost of such labor or materials or plant.
In case the Contractor is ordered to perform Work under this Article, which in the opinion
of the Project Manager, it is impracticable to have performed by the Contractor's own
employees; the Contractor will, subject to the approval of the Project Manager, be paid the
actual cost to Contractor of such Work, and in addition thereto five (5%) percent to cover
the Contractor's superintendence, administration and other overhead expenses.
Payment of any amount under this Article shall be subject to subsequent audit and
approval, disapproval, modification or revision by representatives of the City.
61. As -Built Drawings
During the Work, Contractor shall maintain records of all deviations from the Drawings
and Specifications as approved by the Project Manager or Consultant and prepare As-
Built Record Drawings showing correctly and accurately all changes and deviations made
during construction to reflect the Work as it was actually constructed, It is the
responsibility of the Contractor to check the As -Built Drawings for errors and omissions
prior to submittal to the City and certify in writing that the As -Built Drawings are correct
and accurate, including the actual location of all internal piping, electrical/signal conduits
in or below the concrete floor. indicate the size, depth and voltage in each conduit.
Legibly mark to record actual construction: On -site structures and site Work as follows:
• Depths of various elements of foundation in relation to finish first floor datum.
• All underground piping and ductwork with elevations and dimensions and
locations of valves, pull boxes, etc. Changes in location. Horizontal and
vertical locations of underground utilities and appurtenances, referenced to
permanent surface improvements. Actual installed pipe material, class, etc.
Location of internal utilities and appurtenances concealed in the construction,
• referenced to visible and accessible features of the structure. Air conditioning
ducts with locations of dampers, access doors, fans and other items needing
periodic maintenance.
• Field changes in dimensions and details.
• Changes made by Project Manager's or Consultant's written instructions or by
Change Order,
• Details not on original Contract Drawings.
• Equipment, conduit, electrical panel locations.
• Project Manager's or Consultant's schedule changes according to Contractor's
records and shop drawings,
Specifications and Addenda: Legibly mark each section to record:
• Manufacturer, trade name, catalog number and Supplier of each product and
item of equipment actually installed.
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■ Changes made by Project Manager's or Consultant's written instructions or by
Change Order.
Approved Shop Drawings: Provide record copies for each process, equipment, piping,
electrical system and instrumentation system.
As -built documents shall be updated monthly as a condition precedent to payment.
For construction of new building or building additions as -built drawings signed and sealed
by a Florida licensed Registered Land Surveyor.
The information shall be accurately recorded by the Contractor and submitted (signed and
sealed by a Florida Certified P.L.S.) to the City of Miami prior final acceptance of the
Work. All recorded information on existing utility crossing encountered during construction,
included but not limited to pipes, inlets, manholes, etc., shall be recorded by a Florida
Registered Surveyor and shown on the record drawings.
62. Worker's Identification
The Contractor's employees, who include any Subcontractor, shall wear an identification
card provided by the Contractor, The identification card shall bear the employee's picture,
name, title and name of the employer. Failure by a Contractor's employee to wear such
identification may result in his removal from the Work until such time as the identification
card is obtained and worn. Such removal shall not act as a basis for the Contractor to
submit a claim for an extension of time.
63. Removal of Unsatisfactory Personnel
The City may make written request to the Contractor for the prompt removal and
replacement of any personnel employed or retained by the Contractor, or any or Sub -
Contractor engaged by the Contractor to provide and perform services or Work pursuant
to the requirements of the Contract Documents. The Contractor shall respond to the City
within seven (7) calendar days of receipt of such request with either the removal and
replacement of such personnel or written justification as to why that may not occur. The
City shall make the final determination as to the removal of unsatisfactory personnel from
Work assigned by City. The Contractor agrees that the removal of any of its
employees does not require the termination or demotion of employee(s).
64. Substantial Completion, Punch List, & Final Completion
The Work shall be substantially complete when the Project Manager, in the reasonable
exercise of his/her discretion determines that the Work is complete and there are no
material and/or substantial variations from the Contract Documents and the Work is fit for
its intended purpose. Upon Substantial Completion, the Project Manager and the
Contractor shall sign the Substantial Completion Inspection Form. The signing of this
form shall not relieve the Contractor from its obligation to complete the Project.
When the Contractor believes that the Work is substantially complete, the Contractor shall
request in writing that the Project Manager or Consultant inspect the Work to determine if
Substantial Completion has been achieved. No request for Substantial Completion
inspection is to be submitted until the Contractor has obtained a Certificate(s) of
Occupancy, Certificate of Completion or Use, or a Temporary Certificate of Occupancy or
any other approvals from agencies having jurisdiction over the Work. The Project
Manager or 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
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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.
65, Acceptance and Final Payment
Upon receipt of written notice from Contractor that the Work is ready for final inspection
and acceptance, Project Manager and/or Consultant shall, within ten (10) calendar days,
make an inspection thereof. If Project Manager and/or Consultant find the Work
acceptable, the requisite documents have been submitted and the requirements of the
Contract Documents fully satisfied, and all conditions of the permits and regulatory
agencies have been met, a Final Certificate for Payment shall be issued by Project
Manager, stating that the requirements of the Contract Documents have been performed
and the Work is ready for acceptance under the terms and conditions thereof.
Before issuance of the Final Certificate for Payment, Contractor shall deliver to the Project
Manager or Consultant a final release of all liens arising out of the Contract Documents,
receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors
have been paid in full and that all other indebtedness connected with the Work has been
paid, and a consent of the surety to final payment; the final corrected as -built drawings;
operations and maintenance data, and the final bill of materials, if required, and payment
application. Contractor shall deliver the written Contractor's warranty and all Manufacturer
warranties prior to issuance of the Final Certificate for Payment.
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Prior to approval of final payment the Project Manager shall provide written confirmation to
the Contractor that any and all training required by the Contract Documents has been
provided to the satisfaction of the Project Manager.
If, after the Work has been substantially completed, full completion thereof is materially
delayed through no fault of Contractor, and Project Manager or Consultant so certifies,
City shall, upon such certification of Consultant, and without terminating the Contract
Documents, make payment of the balance due for that portion of the Work fully completed
and accepted, Such payment shall be made under the terms and conditions governing
final payment, except that it shall not constitute a waiver of claims.
The acceptance of final payment shall constitute a waiver of all claims by Contractor,
except those previously made in strict accordance with the provisions of the Contract and
identified, by Contractor as unsettled at the time of the application for final payment.
66, NDPES Requirements
Contractor shall comply with the State of Florida rules and regulations for the National
Pollutant Discharge Elimination System (NPDES) including but not limited to all permitting,
Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for
NPDES and SWPPP shall be included in the Bid prices. For further information on
compliance requirements for NPDES and SWPPP contact the City of Miami Public Works
Department at (305) 416-1200 or visit the State of Florida website at
httpa/www.dep.state:fl.us/water/stormwater/npdesl. Contractor is responsible for
obtaining, completing and paying for any required NPDES application or permits that may
be required.
67. Force Majeure
Should any failure to perform on the part of Contractor be due to a condition of force
majeure as that term is interpreted under Florida law, the City may allow an extension of
time reasonably commensurate with the cause of such failure to perform or cure.
If the Contractor is delayed in .performing any obligation under the Contract Documents
due to a force majeure condition, the Contractor shall request a time extension from the
City within two (2) working days of said force majeure occurrence. Any time extension
shall be subject to mutual agreement and shall not be cause for any claim by the
Contractor for extra compensation unless additional services are required. Do Not
include inclement weather except as permitted by Florida law and may not include the
acts or omissions of Sub -contractors.
68. Extension of Time
Any reference in this section to the Contractor shall be deemed to include suppliers, and
permitted Sub -Contractors, whether or not in privities of contract with the Contractor for
the purpose of this article.
If the Contractor is delayed at any time during the progress of the Work beyond the
Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by a
Force Majeure, then the Contract Time set forth in the Contract shall be extended by the
City subject to the following conditions:
• The cause of the delay arises after issuance of the NTP and could not have
been anticipated by the Contractor by reasonable investigation before
proceeding with the Work;
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• The Contractor demonstrates that the completion of the Work will be actually
and necessarily delayed;
• The effect of such cause cannot be avoided or mitigated by the exercise of all
reasonable precautions, efforts and measures whether before or after the
occurrence of the cause of delay.
Note: A delay meeting all the conditions of the above, shall be deemed an
Excusable Delay.
The City shall only consider weather related delays where adverse weather directly
impacts the critical path of the Project Schedule. However, the City will also factor in.
other factor in considering an extension of time, including the length of the weather delay,
and the adverse weather conditions as they relate to typical weather patterns during the
period the Work is being performed.
The City reserves the right to rescind or shorten any extension previously granted if
subsequently, the Project Manager determines that any information provided by the
Contractor in support of a request for an extension of time was erroneous; provided
however, that such information or facts, if known, would have resulted in a denial of the
request for an Excusable Delay. Notwithstanding the above, the Project Manager will not
rescind or shorten any extension previously granted if the Contractor acted in reliance
upon the granting of such extension and such extension was based on information which,
although later found to have been erroneous, was submitted in good faith by the
Contractor.
The request for an Excusable Delay shall be made within ten (10) calendar days after the
time when the Contractor knows or should have known of any cause for which it may
claim an extension of time and shall provide any actual or potential basis for an extension
of time, identifying such causes and describing, as fully as practicable at that time, the
nature and expected duration of the delay and its effect on the completion of that part of
the Work identified in the request. The Project Manager may require the Contractor to
furnish such additional information or documentation, as the Project Manager shall
reasonably deem necessary or helpful in considering the requested extension.
The Contractor shall not be entitled to an extension of time unless the Contractor
affirmatively demonstrates that it is entitled to such extension.
The Project Manager shall endeavor to review and respond to the Contractor's request for
Excusable Delays in a reasonable period of time; however, the Contractor shall be
obligated to continue to perform the Work required regardless of whether the Project
Manager has issued a decision or whether the Contractor agrees or disagrees with that
decision.
With regard to an injunction, strike or interference of public origin which may delay the
Project, the Contractor shall promptly give the Project Manager a copy of the injunction or
other orders and copies of the papers upon which the same shall have been granted. The
City shall be afforded the right to intervene and become a party to any suit or proceeding
in which any such injunction shall be obtained and move to dissolve the same or
otherwise, as the City may deem proper.
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.
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69. Notification of Claim
Any claim for a change in the Contract Time or Contract Price shall be made by written
notice by Contractor to the Project Manager and to Consultant within ten (10) business
days of the commencement of the event giving rise to the claim and stating the general
nature and cause of the claim. Thereafter, within twenty (20) calendar days of the
termination of the event giving rise to the claim, written notice of the extent of the claim
with supporting information and documentation shall be provided unless the Project
Manager or Consultant allows an additional period of time to ascertain more accurate
data in support of the claim and such notice shall be accompanied by Contractor's written
notarized statement that the adjustment claimed is the entire adjustment to which the
Contractor has reason to believe it is entitled as a result of the occurrence of said event.
All claims for changes in the Contract Time or Contract Price shall be determined by the
Project Manager or Consultant in accordance with Article 71, Contractor's Damages for
Delay hereof, if City and Contractor cannot otherwise agree. It is expressly and
specifically agreed that any and all claims for changes to the Contract time or Contract
price shall be waived if not submitted in strict accordance with the requirements of this
Article.
The Contract time will be extended in an amount equal to time lost on critical Work items
due to delays beyond the control of and through no fault or negligence of Contractor if a
claim is made therefore as provided in this Article. Such delays shall include, but not be
limited to, acts or neglect by any separate contractor employed by City, fires, floods, labor
disputes, epidemics, abnormal weather conditions or acts of God.
70. Extension of Time not Cumulative
In case the Contractor shall be delayed for any period of time by two or more of the
causes mentioned in Article 72, Excusable, Delays, the Contractor shall not be entitled to
a separate extension for each one of the causes; only one period of extension shall be
granted for the delay.
71. Contractor's Damages for Delay
No claim for damages or any claim, other than for an extension of time, shall be made or
asserted against City by reason of any delays except as provided herein. Contractor shall
not be entitled to an increase in the Contract price or payment or compensation of any
kind from City for direct, indirect, consequential, impact or other costs, expenses or
damages, including but not limited to costs of acceleration or inefficiency, arising because
of delay, disruption, interference or hindrance from any cause whatsoever, whether such
delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable
or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall
not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad
faith or active interference on the part of City or its Consultant. Otherwise, Contractor
shall be entitled only to extensions of the Contract Time for completion of the Work as the
sole and exclusive remedy for such resulting delay, in accordance with and to the extent
specifically provided above,
Except as may be otherwise specifically provided for in the Contract Documents, the
Contractor agrees to make no claim for damages for delay of any kind in the performance
of the Contract Documents whether occasioned by any act or omission of the City or any
of its representatives (whether it is an Excusable Delay or otherwise) and the Contractor
agrees that any such claim shall be compensated solely by an extension of time to
complete performance of the Work. In this regard, the Contractor alone hereby
specifically assumes the risk of such delays, including without limitation: delays in
processing or approving shop drawings, samples or other submittals or the failure to
render determinations, approvals, replies, inspections or tests of the Work, in a timely
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manner. Contractor shall not receive monetary compensation for City delay. Time
extensions may be authorized by the City in certain situations. Contractor agrees to this
section by submitting a bid response and shall have no recourse from this Section.
72. Excusable Delay, Non-Compensable
Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its
Subcontractors, suppliers and vendors, and is also caused by circumstances beyond the
control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its
Subcontractors, suppliers or vendors and by the City or Consultant. Then Contractor shall
be entitled only to a time extension and no compensation for the delay.
Contractor is entitled to a time extension of the Contract time for each day the Work is
delayed due to Excusable Delay. Contractor shall document its claim for any time
extension as provided in Article 69, Notification of Claim, hereof.
Failure of Contractor to comply with Article 67, Notification of Claim hereof as to any
particular event of delay shall be deemed conclusively to constitute a waiver,
abandonment or relinquishment of any and all claims resulting from that particular event of
delay.
73. Lines and Grades
The Contractor shall, at its own expense, establish all working and construction lines and
grades as required from the Project control points set by the City, and shall be solely
responsible for the accuracy thereof.
74. Defective Work
Project Manager or Consultant shall have the authority to reject or disapprove Work which
Project Manager or Consultant finds to be defective. If required by Project Manager or
Consultant, Contractor shall promptly either correct all defective Work or remove such
defective Work and replace it with non -defective Work. Contractor shall bear all direct,
indirect and consequential costs of such removal or corrections including cost of testing
laboratories and personnel.
Should Contractor fail or refuse to remove or correct any defective Work or to make any
necessary repairs in accordance with the requirements of the Contract Documents within
the time indicated in writing by Project Manager or Consultant, City shallhave 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.
i
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Failure to reject any defective Work or material shall not in any way prevent later rejection
when such defect is discovered, or obligate City to final acceptance.
75. Acceptance of Defective or Non-Conforminq Work
The City, in its sole discretion, may elect in writing to accept defective or non -conforming
Work instead of requiring its removal and correction. In such Instances, a Change Order
will be issued to reflect an appropriate reduction in the Contract sum, or, if the amount is
determined after final payment, any difference in the amount shall be paid to the City by
the Contractor.
76. UncoverinciFinished Work
The Project Manager's, Inspector's and/or Consultant's right to make inspections shall
include the right to order the Contractor to uncover or take down portions of finished Work.
The Project Manager /or Consultant shall notify the Contractor in writing concerning all
uncovered finished Work. Should the Work prove to be in accordance with the Contract
Documents, the uncovering or taking down and the replacing and the restoration of the
parts removed will be treated as Extra Work for the purpose of computing additional
compensation and an extension of time. Should the Work examined prove unsatisfactory,
such uncovering, taking down, replacing and restoration shall be at the expense of the
Contractor. Such expenses shall also include repayment to the City for any and all
expenses or costs incurred by it, including employee salaries or related cost, in
connection with such uncovering, taking down, replacing and restoration at the Project
site.
77. Correction of Work
The Contractor shall promptly correct all Work rejected by the Project Manager or
Consultant as defective or as failing to conform to the Contract Documents, whether
observed before or after Substantial Completion and whether or not fabricated, installed or
completed. The Contractor shall bear all cost of correcting such rejected Work, including
the cost of the City's additional services thereby made necessary.
The Contractor further agrees that after being notified in writing by the Project Manager or
Consultant of any Work not in accordance with the requirements of the Contract
Documents or any defects in the Work, the Contractor will commence and prosecute with
due diligence all Work necessary to fulfill the terms of the Contract and to complete the
Work within a reasonable period of time, as determined by the Project Manager or
Consultant, and in the event of failure to so comply, the Contractor does hereby authorize
the City to proceed to have such Work done at the Contractor's expense and that the
Contractor will pay the cost thereof upon demand. The City shall be entitled to all costs,
including reasonable attorneys' fees, necessarily incurred upon the Contractor's refusal to
pay the above costs. Notwithstanding the foregoing paragraph, in the event of an
emergency constituting an immediate hazard to the health or safety of personnel,
property, or licensees, the City may undertake, at the Contractor's expense, without prior
notice, all Work necessary to correct such hazardous condition when it was caused by
Work of the Contractor not being in accordance with the requirements of the Contract,
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If, within one (1) year after the date of final completion of the Project or within such longer
period of time as may be prescribed by law, by the Contract Documents, or by the terms
of any applicable special warranty required by the Contract Documents, any of the Work is
found to be defective or not in accordance with the Contract Documents, the Contractor
shall correct it promptly after receipt of a written notice from the City to do so. The City
shall give such notice promptly after discovery of the condition.
All such defective or non -conforming Work shall be removed from the site if necessary
and the Work shall be corrected to comply with the Contract Documents without cost to
the City.
78. Maintenance of Traffic and Public Streets
Scope of Work
The Contractor shall be responsible for the maintenance of public streets and traffic
control necessary to .perform the Work under the Contract Documents. The cost of traffic
control shall be included in the Contractor's Bid.
Regulations
As used herein, any reference to Miami -Dade County, its departments, or its published
regulations, permits and data, shall be synonymous and interchangeable with other
recognized governing bodies over particular areas or streets, or their departments,
published regulations (i.e., Manual of Uniform Traffic Control Devices (MUTCD), FDOT
Roadway and Bridge Standard Index Drawing Book), permits or data. The Contractor
shall abide by all applicable laws, regulations, and codes thereof pertaining to
Maintenance of Traffic (MOT) on public streets, detour of traffic, traffic control and other
provisions as may be required for this Project.
Maintenance of Traffic (MOT)
The Contractor shall be fully responsible for the MOT on public streets, detour of traffic
(including furnishing and maintaining regulatory and informative signs along the detour
route), traffic control, and other provisions, throughout the Project, as required by the
Manual of Uniform Traffic Control Devices (MUTCD), and FDOT Roadway and Bridge
Standard Index drawing Book. Traffic shall be maintained according to corresponding
typical traffic control details as outlined in the previous noted standards. No street shall
be completely blocked, nor blocked more than one -haft 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.
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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.
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.
79. Location and Damage to Existing Facilities, Equipment or Utilities
As far as possible, all existing utility lines in the Project(s) area(s) will be shown on the
plans. However, City does not guarantee that all lines are shown, or that the ones
indicated are in their true location. It shall be the Contractor's responsibility to field verify
all underground and overhead utility lines or 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
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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. AII 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
80. Stop Work Order
The City may, at any time, by written order to the Contractor, require the Contractor to
stop all, or any part, of the Work for a period of up to ninety (90) days (or any lesser
period), commencing no sooner than the date the order is delivered to the Contractor, and
for any further period to which the parties may agree. Any such order shall be specifically
identified as a "Stop Work Order" issued pursuant to this paragraph. Within the period of
ninety (90) days (or the lesser period specified) after a Stop Work Order is delivered to the
Contractor, or within any extension to which the parties have agreed the City shall either:
■ Cancel the Stop Work Order; or
1 Terminate the Work. covered by such order as provided in Article 87,
Termination for Convenience.
If a Stop Work Order issued under this Article is canceled or the period of the order or any
extension thereof expires, the Contractor shall resume the Work without compensation to
the Contractor for such suspension other than extending the time for Substantial
Completion to the extent that, in the opinion of the Project 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,
81. Hurricane Preparedness
During such periods of time as are designated by the United States Weather Bureau as
being a hurricane warning, the Contractor, at no cost to the City, shall take all precautions
necessary to secure the Project site in response to all threatened storm events, regardless
of whether the Project Manager or Consultant has given notice of same.
Compliance with any specific hurricane warning or alert precautions will not constitute
additional work.
Suspension of the Work caused by a threatened or actual storm event, regardless of
whether the City has directed such suspension, will entitle the Contractor to additional
Contract time as non-compensable, excusable delay, and shall not give rise to a claim for
compensable delay.
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82. Use of Completed Portions
City shall have the right, at its sole option, to take possession of and use any completed or
partially completed portions of the Project(s). Such possession and use shall not be
deemed an acceptance or beneficial use or occupancy of any of the Work not completed
in accordance with the Contract Documents, If such possession and use increases the
cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation,
or reasonable extension of time or both, as determined by Project Manager or Consultant.
In the event City takes possession of any completed or partially completed portions of the
Project, the following shall occur:
■ City shall give notice to Contractor in writing at least thirty (30) calendar days prior
to City's intended occupancy of a designated area.
■ Contractor shall complete to the point of Substantial Completion the designated
area ..and request inspection and issuanceof 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 Substantial Completion, as specified in the Punch List and request
final inspection and final acceptance of the portion of the Work occupied. Upon
completion of final inspection and receipt of an application for final payment,
Project Manager or Consultant shall issue a Certificate of Final Payment relative to
the occupied area.
■ If City finds it necessary to occupy or use a portion or portions of the Work prior to
Substantial Completion thereof, such occupancy or use shall not commence prior
to a time mutually agreed upon by City and Contractor and to which the insurance
company or companies providing the property insurance have consented by
endorsement to the policy or policies. Insurance on the unoccupied or unused
portion or portions shall not be canceled or lapsed on account of such partial
occupancy or use. Consent of Contractor and of the insurance company or
companies to such occupancy or use shall not be unreasonably withheld.
83. Cleaning Up; Citv's Right to Clean Up
Contractor shall at all times keep the premises free from accumulation of waste materials
or rubbish caused by its operations. 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.
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84. Removal of Equipment
In case of termination of this Contract before completion for any cause whatsoever,
Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's
equipment and supplies from the property of City. If the Contractor does not comply with
City's order, the City shall have the right to remove such equipment and supplies at the
expense of Contractor.
85. Set -offs, Withholdings, and Deductions
The City may set-off, deduct or withhold from any payment due the Contractor, such sums
as may be specifically allowed in the Contract or by applicable law including, without
limitation, the following:
• Any amount of any claim by a third party;
• Any Liquidated Damages, and/or; '
• Any unpaid legally enforceable debt owed by the Contractor to the City.
The City shall notify the Contractor in writing of any such withholdings.
Any withholding, which is ultimately held to have been wrongful, shall be paid to the
Contractor in accordance with the Local Government Prompt Payment Act.
86. Event of Default
An event of default shall mean a breach of the Contract or by the Contractor. Without
limiting the generality of the foregoing and in addition to those instances referred to herein
as a breach, an Event of Default, shall include but not limited to, the following:
• The Contractor has not performed the Work in a timely manner;
• The Contractor has refused or failed, except in case for which an extension of
time is provided, to supply properly skilled staff or provided sufficient quantities
of staff to perform the Work;
• The Contractor has failed to make prompt payment to Subcontractors or
suppliers for any services or materials they have provided;
•. The Contractor has become insolvent or has assigned the proceeds received for
the benefit of the Contractor's creditors, or the Contractor has taken advantage
of any insolvency statute or debtor/creditor law or if the Contractor's affairs have
been put in the hands of a receiver;
• The Contractor has failed to obtain the approval of the City where required by
the Contract Documents;
• The Contractor has failed in the representation of any warranties stated herein;
• When, in the opinion of the City, reasonable grounds for uncertainty exist with
respect to the Contractor's ability to perform the Work, the City shall notify the
Contractor in writing that it must, within the time frame set forth in the City's
request, provide adequate assurances and a plan of action to the City, in writing,
of the Contractor's ability to perform in accordance with the terms of the Contract
Documents. In the event that the Contractor fails to provide to the City the
requested assurances within the prescribed time frame, the City may:
o Treat such failure as a repudiation of the Contract and/or;
o Resort to any remedy for breach provided herein or by law, including but
not limited to, taking over the performance of the Work or any part thereof
either by itself or through others.
• In the event the City may, at its sole discretion terminate the Contract for default,
the City or its designated representatives may immediately take possession of all
applicable documentation and data.
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• Where the City erroneously terminates the Contract or for default, the
terminations shall be converted to a Termination for Convenience, and the
Contractor shall have no further recourse of any nature for wrongful termination.
87. Notice of Default -Opportunity to Cure
In the event that the City determines that the Contractor is in default of their obligations
under the Contract, the City may at its sole discretion notify the Contractor, specifying the
basis for such default, and advising the Contractor that such default must be cured within
a specified time frame or the Contract with the City may be terminated. The City is under
no obligation to issue such notification. The City may grant an extension to the cure
period if the City deems it appropriate and in the best interest of the City, without waiver of
any of the City's rights hereunder. The City, at its sole discretion, may have a default
corrected by its own forces or another contractor and any such costs incurred will be
deducted from any sums due the Contractor under any contract with the City.
88. Termination for Default
If Contractor fails to comply with any term or condition of the Contract Documents, or fails
to perform any of its obligations hereunder, then Contractor shall be in default. Upon the
occurrence of a default hereunder which is not cured within the time specified to cure the
default if one has been granted by the .City, the Director in addition to all remedies
available to it by law, may immediately, upon written notice to Contractor, terminate this
Contract whereupon any advances for which Work has not been performed, paid by the
City to Contractor while Contractor was in default shall be immediately returned to the
City. The Director may also suspend any payment or part thereof or order a Work
stoppage until such time as the issues concerning compliance are resolved. Contractor
understands and agrees that termination of this Contract under this Article shall not
release Contractor from any obligation accruing prior to the effective date of termination,
A finding of default and subsequent termination for cause may include, without limitation,
any of the following,
• Contractor fails to obtain the insurance or bonding herein required by the
Contract.
• Contractor fails to comply with any of its duties under the Contract Documents,
with any terms or conditions set forth in this Contract, beyond any specified
period allowed to cure such default,
• Contractor fails to commence the Work within the timeframes provided or
contemplated herein, or fails to complete the Work in a timely manner as
required by the Contract.
If this Contract is terminated for default and the City has satisfied Its obligations under the
Contract Documents the City is granted by the Contractor full use of the Work and any
Work Product in connection with the City's completion and occupancy of the Project.
Where it has been determined that the Contractor has been erroneously terminated under
this Article, such termination shall be deemed to have been occurred under Article 90,
Termination for Convenience. The City in its sole discretion may terminate the Contract
without providing the Contractor a written Notice to Cure.
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89. Remedies in the Event of Termination for Default
If a Termination for Default occurs, the Contractor and the bond provider, if applicable)
shall be notified of the effective date of the termination and shall be Liable for all damages
resulting from the default, including but not limited to re -procurement costs and other
direct damages
The Contractor shall stop Work as of the date of notification of the termination and
immediately remove all labor, equipment and materials (not owned or paid for by the City)
from the Work Site. The City assumes no liability for the Contractor's failure to remove
such items from theProject(s)site(s) as required.
The Contractor shall also remain liable for any liabilities and claims related to the
Contractor's default.
As an alternative to termination, the City may bring suit or proceedings for specific
performance or for an injunction
90. Termination for Convenience
In addition to cancellation or termination as otherwise provided for in the Contract, the City
may at any time, in its sole discretion, with or without cause, terminate the Contract by
written notice to the Contractor. Such Written Notice shall state the date upon which
Contractor shall cease all Work under the Contract and vacate the Project(s) site(s).
The Contractor shall, upon receipt of such notice, unless otherwise directed by the City:
• Stop all Work on the Project(s) on the date specified inthe 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;
• 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
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• To the extent practical, the fair and reasonable value shall be based on the price
established as a result of the Contract. In no event, shall any payments under
this Paragraph exceed the maximum cost set forth in the Contract.
• The amount due hereunder may be offset by all payments made to the
Contractor.
• All payments pursuant to this Article shall be accepted by the Contractor in full
satisfaction of all claims against the City arising out of the termination including,
Further, the City may deduct or set off against any sums due and payable under
this Article any claims it may have against the Contractor.
• Contractor shall not be entitled to lost profits, overhead or consequential
damages as a result of a Termination for Convenience.
• All payments made under the Contract are subject to audit
Upon the City's payment in full of the amounts due the Contractor under this Article the
Contractor grants the City full use of the Work and any Work Product to complete the
Project and subsequently occupy the Project.
91. Resolution of Disputes
Contractor understands and agrees that all disputes between it and the City based upon
an alleged violation of the terms of this Agreement by the City shall be submitted for,
resolution in the following manner.
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 of Contracts fail to resolve the dispute,
the Contractor shall submit their dispute to the Director, in writing within five (5) calendar
days. Failure to submit such appeal of the written finding shall constitute acceptance of
the finding by the Contractor. Upon receipt of said notification the Director shall review
the issues relative to the claim or dispute and issue a written finding.
Contractor must submit any further appeal in writing to the City Manager, within five (5)
calendar days. 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.
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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 clairned 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.
92. Mediation -Waiver of Jury Triad
In an effort to engage in a cooperative effort to resolve conflict which may arise during the
course of the construction of a Project(s), and/or following the completion of the Project(s),
the parties to this Contract agree all unresolved disputes between them shall be submitted
to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in
writing by the parties. A certified Mediator, who the parties find mutually acceptable, will
conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties
will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to
include such similar contract provisions with all. Sub -Contractors retained for the Work,
thereby providing for non -binding mediation as the primary mechanism for dispute
resolution.
In an effort to expedite the conclusion of any litigation the parties voluntarily waive their
right to demand a jury trial or to file permissive counterclaims in any action arising under
this Contract,
93. City May Avail Itself of All Remedies
The City may avail itself of each and every remedy herein specifically given to it now or
existing at law or in equity, and each and every such remedy shall be in addition to every
other remedy so specifically given or otherwise soexisting and may be exercised from
time to time and as often and in such order as may be deemed expedient by the City. The
exercise or the beginning of the exercise, of one remedy shall not be deemed a waiver of
the right to exercise, at the same time or thereafter, of any other remedy. The City's rights
and remedies as set forth in the Contract Documents are not exclusive and are in addition
to any other rights and remedies in law or in equity.
Permits, Licenses and Impact Fees
All applicable permit fees, including those assessed by the City, are the responsibility of
the Contractor. That also includes any other permit fees not directly related to the actual
construction of the Project(s), including but not limited to, licenses, permits and fees, such
as permits for dumpsters, job trailers, etc., which may be required by Miami -Dade County,
the State of Florida, or other governmental entities, except as otherwise provided within
the Contract Documents. All permits and licenses required by federal, state or local laws,
rules and regulations necessary for the prosecution of the Work undertaken by Contractor
pursuant to the Contract Documents, shall be secured and paid for by Contractor. It is
Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency,
valid for the Work to be performed and valid for the jurisdiction in which the Work is to be
performed for all persons working on the Project(s) for whom a Certificate of Competency
is required.
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Impact fees levied by the City and/or Miami -Dade County shall be paid by
Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee
levied by the public entity as Fees for Permits REQUIRED BY THE CITY AND PAYABLE
TO THE CITY (e.g. Building Department's Fees such as, Master Permit, Major Trades,
Mechanical, Electrical, and Plumbing Fees; Public Works Fees, such as Line and Grade,
Excavation, Dewatering and NPDES Fees, and Zoning Department's Fees) by virtue of
this construction as part of the Contract shall be reimbursed to the Contractor by the City
through an Allowance Account set for herein, evidenced by an invoice or other acceptable
documentation issued by the public entity. This amount is to be utilized strictly for the
Contractor's Permit Fees reimbursements. Any moneys left from this allowance account
will in no event be utilized for other purposes.
Permit Fees reimbursement to Contractor shall be for the actual amount and in no event
shall include profit or overhead of Contractor. Permit fees related to the Contractor's
operations (e.g. permits for dumpsters, job trailers, etc.) are not reimbursable.
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, and building and construction codes of the Federal
government, the State of Florida, the County, and the City.
The attention of the Contractor is directed to the requirements of the Florida Building Code
and the Codes of Miami -Dade County and the City of Miami, Florida, governing the
qualifications for Contractor and Sub -Contractor doing business anywhere in the City; and
any public agency having jurisdiction over the project.
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 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.
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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 mergeror 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
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.
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100. Applicable Law and Venue of Litigation
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.
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 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.
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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. Review of Records
City shall have the right to inspect and copy, at City's expense, the books and records and
accounts of Contractor which relate in any way to the Project(s), and to any claim for
additional compensation made by Contractor, and to conduct an audit of the financial and
accounting records of Contractor which relate to a Project(s) and to any claim for
additional compensation made by Contractor including but not limited to all payroll
records, invoices for materials, and books of accounts. Such records shall conform to
Generally Accepted Accounting Principles requirements (GAAP), and shall only address
those transactions related to the Contract.
Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119,
shall be kept in accordance with such statute. Otherwise Contractor shall retain and make
available to City all such books and records and accounts, financial or otherwise, which
relate to the Project(s) and to any claim for a period of five (5) years following Final
Completion of the Project(s).
The Contractor agrees to maintain an accounting system that provides for accounting
records that are supported with adequate documentation and adequate procedures for
determining allowable costs.
Contractors shall develop the proper forms and reports acceptable to the City for the
administration and management of the Contract Documents,
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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 ail 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 tothe 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, pledges, sells, encumbers or otherwise
disposes of the Contract or its right, title or interest in or to the same or any part thereof
without the previous consent in writing of the City, such action shall be an Event of
Default. Nothing herein shall either restrict the right of the Contractor to assign monies
due to, or to become due or be construed to hinder, prevent or affect any assignment by
the Contractor for the benefit of its creditors, made pursuant to applicable law.
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.
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113. Contingency Clause
Funding for this Contract is contingent on the availability of funds and continued
authorization for program activities and the Contract is subject to amendment or
termination due to lack of funds, failure to allocate or budget sufficient funds, reduction of
funds and/or change in applicable laws, codes regulations, upon thirty (30) days' notice in
the same manner as a Termination for Convenience under § 90 herein. The Contractor
shall have no recourse against the City for a termination under this Section except as
provided § 90..
114. 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.
115. 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.
116. Non-Exciusiyity
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.
117. 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.
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118. Contract Documents Contains all Terms
The Contract Documents and all documents incorporated herein by reference contain all
the terms and conditions agreed upon by the parties hereto, and no other agreement, oral
or otherwise, regarding the subject matter of the Contract Documents shall be deemed to
exist or to bind any of the parties hereto, or to vary any of the terms contained herein,
119. Applicable Law and Venue of Litigation (Attorneys Fees1
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. In any litigation or action between the parties related to or arising by
virtue of this contract, each party shall bear its own attorney's fees.
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. Additional Terms and Conditions
No additional terms and conditions included with the solicitation response shall be
evaluated or considered, and any and all such additional terms and conditions shall have
no force or effect and are inapplicable to this solicitation. If submitted either purposely,
through intent or design, or inadvertently, appearing separately in transmittal letters,
specifications, literature, price lists or warranties, it is understood and agreed that the
General and Special Conditions in this solicitation are the only conditions applicable to this
solicitation and that the bidder's/proposer's authorized signature affixed to the
bidder's/proposer's acknowledgment form attests to this.
Spoil Island E — Restoration & Floating Dock B-30721
CIP Contract No, 13-737
74
ITB 12-13-034
SECTION 3 — SUPPLEMENTAL TERMS AND CONDITIONS
1. Contract Time & Hours
The Contractor shall furnish al labor, materials, equipment, tools, services, and incidentals
to complete all Work at a rate of progress that will ensure completion of the Work within
the Contract Time.
Contractor shall have 90 calendar days to achieve Substantial Completion from the date
of the Notice to Proceed is issued. Contractor shall have an additional 30 calendar days
for Final Completion of the Contract.
Work shall be performed in. accordance with Code (Ord. No. 12959) of the City of Miami.
Any Work to be performed outside of these times mustbe requested in writing to the
Project Manager 48 hours prior to the requested change. The Project Manager will notify
the Contractor in writing of any changes in approved Work hours.
The project hours are 8:00 am — 5:00 pm Monday thru Saturday.
2. LEED Certification (Not Applicable)
3. Progress Payments
Contractor may make application for payment for Work completed during the Project(s) at
intervals of not more than once a month or upon completion and Final Acceptance of the
Work. All applications shall be submitted in triplicate and the Contractor shall only use the
City's most current Contractor Payment Requisition Form. This form is available on the
CIP webpage. Where the time frame for completion of the Work is less than or equal to
one month or a Schedule of Values is not required, the Contractor shall submit the
appropriate documentation as defined below. Supporting evidence to be included with
any application for payment shall include, but is not limited to, an updated progress
schedule as required by Article 5 of the Supplemental Terms and Conditions and a partial
or final release of liens or consent of Surety 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.
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CIP Contract No. 13-737
In instances where multiple Project 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.
4. Liquidated Damages
The Contractor is obligated and guarantees to complete the Project in the time set forth in
the Contract Documents or any approved extension of time. Where the Contractor fails to
do so, the Contractor shall pay to the City liquidated damages as follows. In the event of
a delay in completion beyond the timeframe set forth in the Contract Documents for
Substantial Completion, the Contractor shall pay to the City for each and every calendar
day of unexcused delay, the sum of Three Hundred Eighty Eight Dollars ($388.00) per
calendar day, which is hereby agreed upon not as a penalty but as liquidated damages.
In the event of a delay in completion beyond the timeframe set forth in the Contract
Documents for Final Completion, the Contractor shall pay to the City for each and every
calendar day of unexcused delay, the sum of One Hundred. Ninety Four Dollars ($194.00)
per calendar day, which is hereby agreed upon not as a penalty but as liquidated
damages. The Contractor will be notified of any approved exceptions or extensions. The
total amount of liquidated damages shall not exceed the value of the applicable Contract
Documents.
The City shall have the right to deduct liquidated damages assessments from any
payment due or which may thereafter become due to the Contractor under any contract
the Contractor has with the City. In case the amount, which may become due hereunder,
shall be less than the amount of liquidated damages due the City, the Contractor shall pay
the difference upon demand by the City. Should the Contractor fail to compensate the
City for any liquidated damages, the City shall consider this as a form of indebtedness and
may deny any future Work under the Contract or any other City contract until such
indebtedness is paid in full to the City. The City shall notify the Contractor that it is incurring
liquidated damages.
5. Schedule of Values
The Contractor must submit three copies of a Schedule of Values, which must be
submitted within ten (10) calendar days of the issuance of the Notice to Proceed, The
Schedule of Values shall indicate a complete breakdown of labor and material of all
categories of Work on the Project. Contractor's overhead and profit should be as
separate line items, Each line item shall be identified with the number and title of the
major specification section or major components of the items, The Project Manager or
ITB 12-13-034
Spoil Island E — Restoration & Floating Dock B-30721•
CIP Contract No, 13-737
76
Consultant may require further breakdown after review of the Contractor's submittal The
City reserves the right to require such information from the Contractor as may be
necessary to determine the accuracy of the Schedule of Values. The combined total
value for mobilization under the Schedules of Values shall not exceed 5% of the value of
the Contract. The approved schedule of values shall be updated through the submittal of
the City's Contractor Payment Application Form.
6. Project Schedules
Contractor shall submit a proposed Project schedule ("Schedule") as follows:
a. Schedule identifying all tasks within the critical path. The proposed Project
schedule shall be submitted within ten (10) calendar days of the Notice to
Proceed and such submittal shall be subject to the Project Manager and
Consultant's review. Subsequent to. such review of said Schedule the
Contractor shall establish said schedule as the`baseline Schedule.
b. 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 Time for completion. Failure to submit
such Schedules shall result in the rejection of any submitted payment
application.
c. AU Schedules shall be prepared in Microsoft Project 2010 or earlier unless
otherwise approved by the Project Manager. At the time of submission of
Schedules, Contractor shall submit a hard copy as well as an electronic
version. Such electronic version shall not be submitted in a PDF format and
shall be capable of being incorporated into the City's master Project schedule.
d. Subsequent to review of the initial Schedule submission the Contractor shall
establish the reviewed Schedule as the "Baseline Schedule", Contractor shall
then prepare and submit all updates to the Schedules utilizing the tracking
mode within Microsoft Project.
At a minimum the contents of the Baseline Schedule shall show or indicate the following:
a•. Complete sequence of design by activity reflecting the Sub consultant
responsible for the activity.
b. Complete sequence of construction by activity reflecting the Contractor or
Subcontractor(s) responsible for each activity
c. Dates for the beginning and completion of each major element of design and
construction in no mare than a two -week incremental scale.
d. Items of work that must be accomplished to achieve substantial completion.
1) Major disciplines or trades of work
2) Filter downtime
3) Time required for Contractor's submittals, fabrication and deliveries.
4) Time required by the City to review all submittals.
5) Time required by City to support any pre -operational and start-up testing.
6) Time required for the relocation of utilities, if required.
7) Percentage of completion for each item as of the date the schedule was
prepared.
8) Dates for Contractor's submittals.
9) Dates for any required City -furnished materials or equipment.
10) Dates accepted submittals will be required from the City,
Spoil Island E - Restoration & Floating Dock B-30721 77 ITB 12-13-034
CIP Contract No. 13-737
In addition the Contractor shall provide:
a. Provide a list of all long lead items and their anticipated dates of delivery
(equipment, materials, etc.) Monthly updates shall reflect actual versus
projected, and any revised projections
b. Provide a projected dollar cash flow spend down for each month of
construction. Monthly updates shall reflect any change orders as well as
actual versus projected, and any revised projections.
Release of Liens/Subcontractor's Statement of Satisfaction
The Contractor warrants and guarantees that title to all Work, materials and equipment
covered by an application for payment, whether incorporated in the Project(s) or not, will
pass to the City upon the receipt of such payment by the Contractor, free and clear of all
liens, claims, security 'interests or encumbrances and that no Work, materials or
equipment will have been acquired by the Contractor or by any other person performing
Work at the site or furnishing materials and equipment for the Project(s), subject to an
agreement under which an interest therein or an encumbrance thereon is retained by the
seller or otherwise imposed by the Contractor or such other person.
The Contractor shall, beginning with the second request for payment, attach a Partial
Release of Lien/Subcontractor's Statement of Satisfaction for each application for
payment. Failure to submit such documentation may delay payments. The City may, in
its sole discretion withhold payments for Work performed by Subcontractor where no
release of lien has been submitted. The Contractor shall submit with the final payment
request, for any Project(s) where subcontractors have performed Work, a Final Release of
Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as a final.
Failure to submit such documentation will result in delay in payment or the City
withholding from the final payment such funds as necessary to satisfy any Subcontractor
claims.
Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in
lieu of the Release of Lien/Subcontractor's Statement of Satisfaction, submit a Consent of,
Surety to Requisition Payment.
Contractor must use City Release of Lien, Affidavit and Consent of Surety forms or the
Application for Payment will be rejected.
8. Progress Meetings
The City shall conduct a pre -construction conference prior to the commencement of the
Work. Contractor shall hold progress and coordination meetings as required by the
Project Manager or Engineer, to provide for the timely completion of the Work.
Contractor shall arrange and conduct regular bi-weekly job site Project status meetings
with the Project Manager and/or Consultant. Contractor shall use the job site meetings as
a tool for the pre -planning of Work and enforcing schedules, and for establishing
procedures, responsibilities, and identification of authority for all parties to clearly
understand. During these meetings, Contractor shall identify the party or parties
responsible for following up on any problems, delay items or questions, and Contractor
shall note the action to be taken by such party or parties. Contractor shall revisit each
pending item at each subsequent meeting until resolution is achieved. Contractor shall
attempt to obtain from all present any potential problems or delaying event known to them
for appropriate attention and resolution. Contractor shall be responsible for keeping
minutes of the meeting and distribution of the minutes to all parties in attendance,
Spoil Island E — Restoration & Floating Dock B-30721 78 ITB 12-13-034
CIF' Contract No. 13-737
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.
9. Request for Information
The Contractor shall submit a Request for Information (RFI) where the Contractor believes
that the Contract Document's specifications or drawings are unclear or conflict. All
requests must be submitted in a manner that clearly identifies the drawing and/or
specification section where clarification or interpretation is being requested. As part of the
RFI, Contractor shall include its recommendation for resolution. The Architect and City
shall respond in writing,
10. Project Site Facilities
The Contractor shall arrange for all Project(s) site facilities as maybe necessary to enable
the Project Manager or Consultant to perform their respective duties and to accommodate
any representatives of the City which the City may choose to have present at the
Project(s),
Contractor's, Subcontractor's, supplier's, material men's personnel shall not use the City
restrooms that may be available at the Project(s) site without the prior consent of the
manager of the facility or the Project Manager where there is no manager of a facility.
The Contractor shall provide and maintain at his own expense, in a sanitary condition,
such accommodations for the use of his employees as is necessary to comply with the
requirements including Chapter 46 of the Building Code and regulations of the State of
Florida Department of Health and Rehabilitative Services or Dade County Health
Department. The Contractor, his employees or his Sub -Contractors shall commit no
public nuisance or use any facilities that have not been specifically provided for use by the
Contractor.
The Contractor shall furnish an adequate supply of drinking water for its and its Sub -
Contractors' employees,
There shall be adequate provisions made by the Contractor to ensure all disposable
materials are properly disposed of and do not create a nuisance to the City or the public.
The location of the temporary facilities shall be subject to the approval of the Project
Manager or Consultant.
11. Temporary Facilities, Utilities, and Construction
Contractor Is required to provide any necessary temporary utilities to the site, such as
electric, water, and sanitary services to the site for new construction or additions to a
facility, or those that are necessary for the performance of the Work. Contractor shall
make all arrangements with the local utility companies. The Contractor shall also be
responsible for furnishing all materials and equipment necessary for the installation and
maintenance of any temporary utilities. The Project Manager may authorize the use of
existing utilities. Such decision will be made at the sole discretion of the Project Manager
and the City.
Spoil Island E — Restoration & Floating bock B-30721 79 ITB 12-13-034
CIP Contract No. 13-737
Contractor shall furnish, install and maintain temporary facilities required for construction,
and shall remove them upon completion of the Work. All facilities shall comply with the
respective federal, state and local codes and regulations and with utility company
requirements. Materials for temporary facilities may be new or used, but must be adequate
in capacity for the required usage, must not create unsafe conditions, and must not violate
requirements of applicable codes and standards.
The Contractor must pay for all utility costs associated with new lines, new hook ups, new
utility accounts, and so forth which were necessitated by the Project itself. Contractor shall
pay all changes, fees, costs, or other impositions for utilities, including, without limitation,
electric, water, sewer, telecommunications and other utilities of whatever nature arising
from the Project or the Work as herein defined.
The Contractor shall be required to obtain all necessary permits required for any
Project(s) site facilities and utilities. Contractor shall also be responsible to maintain such
facilities in a safe andworking condition. Contractor shall be responsible for payment for
all fees and charges for the installation and use of all temporary facilities and utilities.
All such facilities and utilities remain the property of the Contractor and the Contractor
shall be responsible for removal and disposal of such facilities prior to Final Acceptance.
Temporary fences: If, during the course of the Work, it is necessary to remove or disturb
any fencing, the Contractor shall, at his own expense, provide a suitable temporary fence
which shall be maintained until the permanent fence is replaced. The Project Manager will
be solely responsible for the determination of the necessity for providing a temporary
fence and the type of temporary fence to be used.
Responsibility for Temporary Structures: In accepting this Contract, the Contractor
assumes full responsibility for the sufficiency and safety of all temporary structures or
work and for any damage which may result from their failure or their improper
construction, maintenance or operation and will indemnify and save harmless the City
from all claims, suits or actions and damages or costs of every description arising by
reason of failure to comply with the above provisions.
12, Security
The site where the Work is to be performed may not be a secure site and the public may
have access to the site. The Contractor shall have sole responsibility for the security of all
Work materials, tools, equipment and Work at the Project(s) site. The City shall not be
liable for any damage or loss to such materials, tools, equipment and Work and the
Contractor shall be responsible for the repair or replacement of all Work such materials,
tools, and equipment.
13, Construction Sionage
Contractor will typically be expected to furnish and install a minimum of two signs in
addition to construction related signs such as warning signs.
The City shall provide the Contractor the wording and layout for the signs at the pre -
construction conference. The Contractor shall furnish the two City signs at the Project(s)
Site(s) as follows:
The first sign must be manufactured by Image 2000, 45 East 9th Court, Hialeah,
Florida (305) 884-2240 or approved equal. The sign shall be 4 feet wide and 8
feet high and constructed of pressure sensitive 2 mil cast vinyl over -mounted with
3 mil mylar and mounted to 1 MDO with painted back. The sign shall be mounted
on 4 inch square wood or perforated "U" channel metal posts painted white, and
be readable at eye level. The colors to be used on the sign are as follows: the
background shall be white with blue lettering; the seal shall be white and gold with
blue lettering form.
Spoil Island E — Restoration & Floating Dock B-30721
CIP Contract No. 13-737
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• 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 % 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.
14. Construction Photographs
Prior to commencement of the Work the Contractor will take digital photographs to
document existing conditions and submit copies as required herein prior to the
commencement of Work. Contractor shall submit with each application for payment
photographs that accurately reflect the progress of all aspects the Work. The number of
photographs to be taken will be based on the magnitude of Work being performed.
Contractor shall submit one copy of each photograph in print and digitally. The
photographs shall be printed on 8"X10" high resolution glossy commercial grade and
weight color photographic print paper. Each photograph shall be imprinted on its face with
the title of the Project, the date, and time the picture was taken. Digital photographs shall
be taken using .jpeg format and will be submitted on a CD-ROM clearly identifying the
name of the Project, the name of the Contractor, and the timeframe in which the pictures
were taken, Initial set up prints, unless otherwise allowed by the Project Manager will be
submitted in a three ring binder with each picture protected by a clear plastic sleeve.
Subsequent prints are to be submitted in clear plastic sleeves that can be added to the
binder. The three-ring binder shall be of such size to be able to hold all print pictures,
15. City Furnished Property
Where noted by the Contract Documents or as directed by the Project Manager the
Contractor may be required to preserve all signage, street signs, parking meters,
benches, traffic control signs, etc., and shall reinstall or provide them to the City as
directed.
16. State of Florida Funding
If required by Florida Statutes, the City shall disclose in the solicitation 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.
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CIP Contract No. 13-737
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INTENTIONALLY.
Spoil Island E — Restoration & Floating Dock B-30721 82 ITt312.13-034
CIP Contract No. 13-737
a
SECTION 4 - BID FORMS
Submitted:
City of Miami, Florida
Office of the City Clerk
City Hall, 1s` Floor
3500 Pan Arrmrican Drive
Miami, Florida 33133-5504
eZk n, 2-0 11
Dat
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: 12-13-034
Title: SPOIL ISLAND E — RESTORATION & FLOATING DOCK
13-30721•
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative
form of security, if permitted by the City, 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 falls to furnish the required Certificate(s) of Insurance within fifteen (15) calendar
days after being notified of the award of the Contract.
In the event of arithmetical ,errors, the Bidder agrees that these errors are errors which may be
corrected by the City. Bidder agrees that any unit price listed in the Bid is to be multiplied by the
stated quantity requirements in order to arrive at the total.
Spoil Island E— Restoration & Floating Dock B-30721
•
CIP Contract No.
83
ITB 12-13-034
BID FORM (Page 2 of 8)
Note: Bidders are bidding on a total lump sum basis for the purpose of determining the lowest
responsive and responsible bidder. Where there is a discrepancy between the numerical and
written Bid Amount, the written Bid Amount will prevail.
City Form SU must be submitted with your bid, The SU Form can be found posted on the
webpage with the bid documents.
Our Lump Sum Base Bid Amount Includes the total cost for the Work specified in this solicitation
and furnishing all materials, labor, equipment, supervision, mobilization, transportation, overhead &
profit and City of Miami permit fees required in accordance with the Bid Specifications.
Bid Item 1: Lump Sum Base Bid
Lump Sum Base Bid Price:
(LUMP SUM)
*Allowance for Permit Fees: $ 6,000
Costs are for actual permits only (LUMP SUM)
TOTAL LUMP SUM BID AMOUNT:
boo 0(40
(BID TOTAL)
Total L mp Sut'i' Bid Written Amount
6e,a
*This amount is to be utilized strictly for the Contractor's Permit Fees reimbursements. Any monies
remaining from this allowance account will in no event be utilized for other purposes.
Spoil Island. E — Restoration & Floating Dock B-30721
• CIP Contract No.
84
ITB 12-13.034
RID FORM (Page 3 of 8)
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
0 ,. '2 a f : "c3c- -
Part 1f; 2- No addendum was received in connection with this Bid. C.
Part 111:
Certifications
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and
shall comply with all the stated requirements.
/1. Community Small Business Enterprise ("CSBE") Requirements
Bidder certifies that it has read and understood the provisions of City of Miami Ordinance
13331, codified as Sections 18-89 of the City Code, pertaining to the implementation of a
"Community Small Business Enterprise" requirement. Evaluation of bidder's responsiveness to
Ordinance Section 13331 shall be a consideration in the award of a contract,
2. Non -Collusion
Bidder certifies that the only persons interested in this Bld 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;
(ill) Any available drug counseling, rehabilitation, and employee assistance programs;
and
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
V(3) Giving all employees engaged in performance of the Contract a copy of the statement
required by subparagraph (1);
Spoil Island E — Restoration & Floating Dock B-30721
CIP Contract No,
85
ITB 12-13-034
BID FORM: (Page 4 of 8)
(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
(li) 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) 'calendardays 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.
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.
This undersigned shall require that the Language of this certification be included in the award
documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts
under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite 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).
Spoil Island E — Restoration & Floating Dock B-30721
GIP Contract No.
86
ITB 12-13-034
t.r
BID FORM: (Page 5 of 8)
5. Debarment. Suspension and Other Responsibility Matters
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from covered transactions by any Federal department or agency.
Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or falsification or destruction of records, making false statements, or receiving
stolen property;
Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission ofanyof the offenses enumerated in paragraph
1.b of this certification; and
Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
Where the prospective Bidder is unable to certify to any of the statements in this certification, such
Bidder shall submit an explanation to the City of Miami,
6. Local Workforce Particpation Requirements
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
(a)
Have read and understood the provisions of City of Miami Ordinance 13332,
codified as Sections 18-89 of the City Code pertaining to the local workforce
participation requirements on a quarterly basis;
(b) Have identified in City Form Subcontractor Utilization ("SU") a third party
independent that verifies and is properly licensed under the provisions of F.S.
454,471,473, or 481 and who is not with the contractor; and
(c) The selected third party, who independent' verifies compliance with this
section, must have a minimum of 2 years of experience as required in Ordinance
No. 13332, codified as Sections 18-89 of the City Code;
Part IV: Certification — Trench'Safety Act
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the Trench Safety
Act, and will comply with all applicable trench safety standards. Such assurance shall be legally
binding on all persons employed by the Bidder and subcontractors,
The Bidder is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards.
Bidder acknowledges that included ins the various items, of the proposal and in the total Bid price
are costs for complying with the Florida Trench Safety Act. These items are a breakout of the
respective items Involving trenching and will not be paid: separately. They are not to be confused
with bid items in the schedule of prices, nor be considered additional Work.
Spoil Island E — Restoration & Floating Dock B-307'21
CIP Contract No.
87
ITB 12-13-034
The Bidder further identifies the costs and methods summarized below:
Quantity Unit
Price Price Extended . Method
Q c R2onD
DAL
K2-., o (� %- - Q.((:
6, Cccp C, _ c4
Signature:
Printed Name/Title: -A. 61,
City/State/Zip: L-t t CO
Telephone No,:%- ' � S --Z Z / t'c -3 3 1 rJ
,3 (C-I-C=4 (�'.i
M t Address: �Saciai Security
m
I.D. No. ' �� Dun and � Bradstreet No.; ( j
Na. or Federa
Facsimile No.' �^ - aC �l Y �`
e,`<\A- 1
7
If a p rtnershlp, names and addresses of partners:
BID FORM (Page 6 of 8)
Description Unit
I c_s
Total $ ,C7 l-0
Attached is a Bid Bond [ ], Cash [ ], Money Order [ ], Unconditional/I vocable Letter of
Credit [ ], Treasurer's Check ], Bank Draft [ ], Cashier's Check [ , or Certified Check [ ]
No. Bank of for the sum
of tN r'.� d c "e� n'ne. olladsG'i{�
The Bidder shall acknowledge this Bid and certifies to the above stated in Part III and IV by signing
and completing, he spaces provided below,
Firm's Name: C,s.s3
4(1-c,4-1`)7n
(if applicable)
Spoil Island E— Restoration & Floating Dock B-30721
CIP Contract No.
88
ITB 12-13.034
BID FORM (Page 7 of 8)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at Ca meeting of the Board of Directors of
, a corpoqor�ation organized and existing under the laws of
the State of — ! tv- —aece , held on the 1 Sday of "'t �,r , 2.�'x3 resolution was duly passed
and adopted authorizing (Name) �{t �, �s•- Gas (Title) of the
corporation to execute bids on behalf of the,corporat on 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, 1 h ie Ij reunto set my hand this / C , day of 4 20 T 3
Secretary:
Print:
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Boar. of Directors of
, a partnership organ 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 provide at his/her execution thereof, attested by a partner, shall be
the official act and deed of the partne • ip.
I further certify that said part ' ip agreement remains In full force and effect.
IN WITNESS EREOF, I have hereunto set my hand this _ , day of 20;
Partner:
Print:
CERTIFICATE OF AUT Y
(IF JOINT N" RE)
Joint ventures must submit a joint venture agr nt Indicating that the person signing this Bid is authorized
to sign Bid documents on behalf of th ' venture. If there is no joint venture agreement each member of
the joint venture must sign the and submit the appropriate Certificate of Authority (corporate, partnership,
or individual).
CERTIFICATE. OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, 1 (Name) individually and doing
business as (d/bla) (If Applicable) have executed and am
bound by the terms of the Bid to which this attestati. attached.
IN WITNESS WHEREOF, I have he • nto set my hand this, day of , 20 .
Signed:
Print:
Spoll Island E— Restoration & Floating Dock B-30721
CIP Contract No.
89
ITB 12-13-034
BID FORM (Page 8 of 8)
STATE OF
,' cuNi 1)wSC,,- ss:
COUNTY OF )
NOTARIZATION
The• foregoing. instrument was acknowledged before me this / � day of
V-ea-rh5 ho is per ly known to me or who
as identification and who (did / did not) take an oath.
RE OF sTA 'r PUBLIC
S ATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
Spoil Island E — Restoration & Floating Dock 6-30721
CIP Contract No.
a a a s w. a« a a aa a .1.
JAMES 8, SULLIVAN
Notary Public • State of Florida
• My Comm. Expires Oct 19, 2016
s Commission # EE 840795
Banded Through National Notary Assn.
90
,20(.a,by
has produced
ITB 12-13-034
CERTIFICATE OF COMPLIANCE WITH SECTIONS 18-87 and 18-89 OF THE CITY
CODE
.'.ec.&% hereby certify that:
I .-V47 •-i "2--00--• C-14-2 am the (President/Secretary or e.: c✓
Principal) of -C..z. "+4-- ?„LS ' " C— (Respondent Firm); 6\1(14
, 'Ir
it) I have read Sections 18-87 and 18-89 bf the City of Miarril Procur ment Cie; G2...
�
iii) (Respondent Firm 07 -Sl Q' reby acknovTe g s than
the awarde
d 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");
0 R ( may` �-t
Iv) (Respondent Firm) �-�`" ' 't'.` hereby is certified by Miami
Dade County as a CSBE', firm nd 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.
(Respondent Firm)
with the Local Workforce
Miami Procurement Code.
OPTIONAL:
re y agrees to comply
rticipation Requirements stated in Section 18-89 of the City of
(Respondent Firm)
assignments pursuant to It iii), above, to certified CSBE firms who maintain a "Local
Office", as defined in City Code Section 18-73;
hereby agrees to make !!
STATE OF FLORIDA
SS
COUNTY OF MIAMI-DADS
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
dlnKt"ek-M.S o me weli'know 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 / Cday of Met , , 20 /3.
My commission expires: //)./ i._ a o/6
Bonded by_ /1' /1
Spoil Island E — Restoration & Floating Dock 8-30721
CIP Contract No.
Public, tate
of Florida at Large
01pRY O��h� JAMES B, SULuVAN
o e%
Notary Public • State of Florida
; My Comm, Expires Oct 19, 2016
,';� Commission #E EE 840795
'14 �414" Bonded Through National Notary Assn,
SECTION 5 — ATTACHMENTS
BID BOND FORM
State of Florida )
County of Dade ) SS
City of Miami )
(Page 1 of 3)
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 e payment of which sum
well and truly to be made, we bind ourselves, our heirs, e ecutors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS, UCH, that whereas the Principal has
submitted the accompanying Bid, dated , 20 , for:
SPOIL ISLAND E — RESTO- ' ION & FLOATING DOCK
PROJECT o. B-30721
ITB N•. 12-13-034
NOW THEREFORE:
(a) If the principal shall no withdraw said Bid within one hundred twenty (120) days after
date of opening the s.. e, 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 ac+epted, and give bond with good and sufficient Surety or Sureties, as
may be required or the faithful performance and proper fulfillment of such contract; or,
(b) In the event • the withdrawal of said Bid within the period specified, or the failure to
enter into s•ch contract and give such bond within the time specified, if the principal
shall pay e City the difference between the amount specified in said Bid and the
amount or which the City may procure the required Work and supplies, if the latter
amou be in excess of the former, then the above obligation shall be void and of no
effe otherwise to remain in full force and virtue.
92
Spoil Island E — Restoration & Floating Dock
CIP Contract No:
ITB No: 12-13.034
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 , A D., 20___,
the name and corporate seal of each party being hereto affixed and these presents ► ly
signed by its undersigned representative, pursuant to authority of its governing bdy.
WITNESS: (If Sole Ownership,
Partnership, or Joint Ventura',
two (2) Witnesses are required. •
If Corporation, Secretary
only will attest and affix seal,)
Surety Secre
PRINCIPAL:
(Name o rm)
Affix
Seal
nature of authorized officer)
(Title)
(Business Address)
City State Zip
SURETY:
(Corporate Surety)
Affix
Seal
ry (Signature of Authorized Officer) •
93
Spoil Island E — Restoration & Floating Dock
ClP Contract No:
(Title)
(Business Address)
City •
State Zip
ITB No: 12-13-034
BID BOND FORM (Page 3 of 3)
CERTIFICATE AS TO CORPORATE PRINCIPAL
certify that I am the Secret-' of
the Corporation named as Principal in the within bond* that
of said corporation; that I know his signet e, and the
signature hereto is genuine; and that said bond was duly signed, sealed and attted for and in
behalf of said corporation by authority of its governing body.
STATE OF FLORIDA )
COUNTY OF DADE
City OF MIAMI
SS
Before me, a Notary Public duly commissioned, an
appeared b m
sworn upon oath, says that he/she is the attorney-i
(Coporate Seal)
qualified, personally
well known, who being by me first duly
act, for the
and that he/ +e has been authorized by
b execute the
therein in favor of The City of Miami, Florida.
regoing bond on behalf of the Contractor named
Subscribed and sworn to b ore me this
INSTRUCTIONS: Bid Bonds
must be accompanied by a
Power of Attorney, In comp ance
with Instructions to Bidder
Spoil Island E — Restoration & Floating Dock
CIP Contract No:
94
day of A D., 20
Notary Public, State of Florida at Large
My Commission Expires:
ITB No: 12-13-034
SUPPLEMENT TO BID FORM:
QUESTIONNAIRE
This completed form MUST BE SUBMITTED WITH THE BID: The City may, at its sole
discretion, require that the Bidder submit additional Information not included in the submitted
form. Such information Must Be Submitted Within Seven (7) Calendar Days of the City's
request. Failure to submit the form or additional information requested by the City, shall result
In the rejection of the Bid as non -responsive, Additional pages may be used following the same
format and numbering, •
By submitting its Bid the Bidder certifies the truth and accuracy of all information contained
herein.
A. 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
t39y
("include active certifications of small or disadvantage business & name of certifying entity) tt
b. Date company licensed by Dept, f Professional Regulation: I .9Ct
c. Qualified Business License: Yes ID No If Yes, Date Issued:(1
d. What is your primary business? 0 A F27\A r_ `�- 'iz
0\-)
(This answer should be specific. For example: axing, drainage, schools, interior renovations, etc,)
e. Name of Qualifier, license number, and relatior to company: CGS 060/ n
f. Names of previous Qualifiers during the past five (5) years including, license
numbers, relationship to company and years as quaiifierfor the company
2, Name and Licenses of any prior companies
Name of Company • License No.
Issuance Date
3. Type of Company:
QCorporation/ 4S" Corporation0LLC❑Sole Proprietorship []Other: •
(Corporations will be required to provide a copy of their corporate resolution prior to executing a contract)
95
Spoil Island E — Restoration & Floating Dock' ITB No: 12-13-034
CIF' Contract No:
4. ' Company Ownership
a, Identify all owners of the company
Name Title 4 % of ownershipa-1...44—•e--5 S 4,5 1-0-61., - p /0 .e/d
-4
b. Is any owner identified above an owner in another company? E] Yes EL' 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
•
Explanation for Other:
AllCost No -Cost OtherEl
VC:=1:1_, El
❑
❑ ❑
•
(Note: "All" refers to any type ofdocumenincluding 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)
Employee Information
Total No. of Employees: I Number of Managerial/Admin. Employees:
Number of Trades Personnel and total number per classification;
(Apprentices must be listed separately for each classification)
y (
96
Spoil Island E — Restoration & Floating Dock ITB No: 12-13-034
CIP Contract No:
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: (4-ti+`c�`�1 -,c3 5�
b,
—
c. insurance Experience Modification Rating (EMR):
Insurance Contact Name, telephon ail: 0— (O- Ce _ o t
crf
Q
r-. i.
58
(If no EMR rating, please explain why)
d. Number of Insurance Claims paid out in last 5 years & value: CO Lf O 1 7 D
e. Bond Carrier name & address: \'t tdSavi -1425t51YG C �?
g ,cry (0 it 44,
f. Bond Carrier Contact Name, telephone, & e-mail: C (,.v- — k_ � G_4-Snw i-
'7)0 `7 . 6G. p 3U to 7 2 - 1703
g. Number of Bond Claims paid out in last 5 years & value:
g. Have any claims lawsuits been file against your company in the 3ast 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 assesses iquidated damages or defaulted on a project in the
past five (5) years? ❑ Yes 11, No (If yes, 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 fisting all of the equipment, with a value of $5,000 or greater,
owned by your company. et",
97
Spoil Island E — Restoration & Floating Dock
CIP Contract No:
ITB No: 12-13-034
E. Project Management & Subcontract Details
1. Project Manager for this Project:
a. Name: -
b, Years with Company: 1 %-- a..G-c"�
c, Licenses/Certifications: �' !
d. Last 3 ojects with the company includin,gLe
,r , scope of work, & value of project:
r f 1
.--,n t (---c $ : •,.—=-a.. . . fit; u 4, tY�r7
2. Subcontractors:
Name
Trade % of Work License No. Certification*
L LCC, `En 1 o ( 111 ,(
(*active certifications of small or disadvantage business & name of certifying entity)
3. Scope of actual construction work .to be performed by your company and the
corresponding percentage of the work: (Phis does not Include such items as insurance* bonds, dumpsters,
trailers, nd er similar non -construction work
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)
98
Spoil Island E Restoration & Floating Dock !TB No: 12-13-034
CIP Contract No:
2. Prior Projects of a similar size, scope and complexity: Provide an attachment to this
Questionnaire that includes COMPLETED Projects the Proposer considers of a similar,
size, scope and complexity that the City should consider in determining the Bidders
responsiveness and, responsibility. This attachment must include the project that meets
the minimum number of projects Identified by the bid solicitation. Information provided
must include the owner's name , address and contract person, including telephone &
e-mail, title of project, location of project, scope, initial value and final cost of the project,
projected and final timeframes for completion in calendar days and the number of
company trades personnel, by classification, 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 initial and actual timeframe provide details on why the differences exist. A
reference letter is to be' completed by the owner of the Project and submitted as part of
the Bid submission.
D. Bidder's References
Bidders are to include a minimum of three (5) CURRENT references for THREE
COMPLETED projects listed in C.2 above. The City of Miami REFERENCE LETTER
FORM PROVIDED MUST 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.
99
Spoil Island E — Restoration & Floating Dock ITB No: 12-13-034
CIP Contract No:
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. Company Name
Address
Contact Person
Contract Amount
Telephone No/Fax No
2. 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
100
Spoil Island E — Restoration & Floating Dock
CIP Contract No:
ITS No: 12-13-034
ti
City of Miami
Johnny Martinez, P.E.,
City Manager
To Whom it May Concern
Subject Reference Letter
Name of Bidder
The above referenced contractor is submitting an 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/our feel is pertinent: �_ ..�___..
Name of Project:
Scope of work: -,C� wk �}
q - = Date completed: p .r LJ (.) 13
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
if yes, please provide details:
Value of project $ 141
014
Comments:
of, GaA-rauCk:) C3- (D,ua.(.1�r•� peo
J D Zvi t kI 9),.,1064r roe Ci r7 or
-o7
—A
Thank you for your assistance in helping us in evaluating our bid solicitation.
Name of individual completing this form:C� iEas
Date: /(?)/E,L50)
Signature: Title: G•L. p. CcxJszfiU�orin>�-0.qjET met,
Telephone: ?j05-,4L6 - t2.()) E-mail: Ca,!a:. fm1641 COW
Sincerely,
Jeovanny Rodriguez, P.E.,
Assistant Director
Spoll Island E — Restoration & Floating Dock
CIP Contract No:
101
ITB No: 12-13-034
John Kearns
Page j of 1
From: "Vasquez, Carlos A. (CIP)" <cavasquez@miamigov,com>
To:<jkearns@kearnsconstruction,corn>
Cc: "Vasquez, Carlos A. (CIP)" <cavasquez@miamigov.com>
Sent: Wednesday, May 08, 2013 4:17 PM
Attach: Kearns Construction reference letter.pdf
Subject: reference letter
John,
Attached please find the reference letter you requested.
Thank you so much for a great job. Floating dock looks fabulous.
Regards,
Carlos A. Vasquez, R.A.
CIP Project Manager
City of Miami - Capital Improvements Program
Miami Riverside Center
444 SW 2 Avenue - 8th Floor
Miami, Florida 33130
Ph: (305) 416-1206
Fax: (305) 416-2153
Email: cavasquez@miamigov.com
Website: www.miamigov.comlcapitalproiects
5/R/7.(11
City of Miami
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 theft 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 anyother information your feel is pertinent:
Name of Project:
Scope of work: . ,4 Gcc. `J
Value of project: $ if7Date corn•leted:
Was project completed on time & within budget: 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:
2-C
Comments:
Thank you for
Name of indiviI completing Nis orm: bSl r
Title:: .
Signature:
Telephone:
Sincerely,
our assistance in helping us in evaluating our bid solicitation.
Jeovanny Rodriguez, P.E.,
Assistant Director
101
Spoil Island E -- Restoration & Floating Dock
CIP Contract No:
Date:
ITB No: 12-13-034
City of Miami
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: 0( 12
Value of project $ • �l g 0®� Date completed: g
Was project completed on time & within budget: 04 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:
Kolem0 PegrodiMe 466 kt/agi<
i7. Awl P144 d a z._. dm j&, .,
!E Vim MG r`i) 0
/ /(
Thank you for your assistance in helping us in evaluating /oJur bid solicitation.
Name of indivi�j co �91eting this form: ST6VE ?44&(1__ Date: � F 3
Signature:►i.�s ..s Title: M 14 i 1�-OS'ErrJ&/la/tir
E-mail:.SK % C 6 U//1 rt'% /�'�Igli11 ,4f/12
Telephone:
Sincerely,
Jeovanny Rodriguez, P,E.,
Assistant Director
101
Spoil Island E — Restoration & Floating Dook . ITB No: 12-13.034
CIP Contract No:
FIRST-CLASS
U.S. POSTAGE 1
. PAID
• MIAMI, FL
PERMIT NO. 231
534205-0 THIS IS NOTABILL- DONOTPAY. • RENEWAL'•
"TWOMMYOTTION COMPANY STATE CCM20194'
4101 BRAGANZA AVE':'.
33133 MIAMI •
CWPRRNS CONSTRUCTION COMPANY
Sec
Type dattairrees
1 `UhN BUILDING' CONTRACTOR
THIS. IS
LOCAL
BUSINESS ONLYARECEIPT.t
DOES' NOT PERMIT THE
HOLDER TO VIOLATE ANY
EXISTING REGULATORY OR
ZONING LAWSOF THE
COUNTY OR CITIES. NOR
DOES • IT EXEMPT THE
HOLDER FROM ANY OTHER
PERMR 0R LICENSE
REQUIRED EY•LAW. THIS IS
NOT A CERTIFICATION OF
• THE HOLDER'S OUAUFICA• '
ROUE,
PAYMENT RECEIVED
MLAMIOAOE COUNTY TAX
COLLECTOR:
07/19./2012
60140000431
• D00045.00
SEE OTHER SIDE
WORKER/S
1.
DO NOT FORWARD .
KEARNS CONSTRUCTION COMPANY
KEARNS CHARLES'PRES
4101•BRAGANZA AVE.•
COCONUT GROVE FL 33133 •
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31 THIS :OOCUMENTHAS A COLORED•SACKGROUNP' NtICROPRINTINa • LlNENfARKt" RkiENTED PAPER x
'AS REQUI
mtamidade.gov
April 25, 2012
Mr. Jose Ferre
FLOTECH ENVIRONMENTAL, LLC
P 0 Box 530341
Miami Shores, FL 33153-0341
Sustainability, Planning and Economic
Enhancement Department
111 NW 1 Street, 19' Floor
Miami, Florida 33128
T 305-375-3111 F 305-375-3160
CERT. NO: 14921
Approval Date: 04/25/2012 . CSBE Level 1
Expiration Date: 04/30/2015
ANNUAL ANNIVERSARY: 04/25/2013
Dear Mr. Perre:
Small Business Development (SBD), a division of Sustainabilfty,, Planning and Economic Enhancement
Department (SPEED) has completed the review of your application and attachments submitted for
certification. Your firm is officially certified as a Community Small Business Enterprise (CSBE) in
accordance with section 10-33-02 of the Code of Miami Dade County.
This certification is valid for three years provided there are no changes rendering your firm ineligible for
certification, You are required to submit a "Continuing Eligibility Affidavit" annually with specific supporting
documents on or before your Anniversary Date as listed above. You will be notified in advance of your firm's
Anniversary Date, Failure to comply with the said responsibilities may result in immediate action to
decertify your firm. Every three years you will receive a MI recertification review that may include an onsite
investigation; SBD will also notify you accordingly.
Vat any time during the certification period, there is a material change in your firm, Including, but not limited
to ownership, officers, Director, scope of work being performed, daily operations, affiliations with other
business (es) or physical location of the firm, you must notify this office in writing within (30) days.;
Notification should include supporting documentation. You will receive timely instructions from this office as
to how you should proceed, if necessary,
Your company is certified in the following categories as listed below, affording you the opportunity to bid and
participate on contracts with small business measures. Please note that the categories listed are very
eneraI end are used only to assist our customers In searching the directory for certified firms to meet
contract needs, The directory for all certified firms can be accessed on the Miami -Dade County SPEED
website http://www,miamidade.govlsbe
Thank you for doing business with Miami Dade County,
Sh Griff, T.[rector
Business Opportunity Support Services
Small Business Development Division
Sustainability, Planning and Economic Enhancement Department
CATEGORIES: (Your firm may bld or participate on contracts only under these categories)
NEW SINGLE-FAMILY HOUSING CONSTRUCTION (EXCEPT OPERATIVE BUILDERS) (CSBE)
NEW MULTIFAMILY HOUSING CONSTRUCTION (EN EPT OPERATIVE BUILDERS) (CSBE)
NEW HOUSING OPERATIVE BUILDERS (OSBE)
RESIDENTALREMODELERS (CSBE)
INDUSTRIAL BUILDING CONSTRUCTION (CSBE)
COMMERCIAL AND INSTITUTIONAL BUILDING CONSTRUC11ON (CSBE)
bBDR0010v20I 110/6
Mr, Ferre
FLOTECH ENVIRONMENTAL, LLC
April 25, 2012
Cert No: 14921
CATEGORIES: (Your firm may bid or participate on contracts only under these categories)
WATER AND SEWER LINE AND RELATED STRUCTURES CONSTRUCTION (CSBE)
POURED CONCRETE FOUNDATION AND STRUCTURE CONTRACTORS (CSBE)
STRUCTURAL STEEL AND PRECAST CONCRETE CONTRACTORS (CSBE)
SITE PREPARATION CONTRACTORS (CSBE)
c: Karla Licona, Certification Specialist
Veronica Clark, SPEED, SBD
DHDR0020 v20111026
Exhibit 1
Professiona► References:
1. Aabad Melwani
President — Rickenbacker Marina (500 Slips)
3301 Rickenbacker Causeway, Key Biscayne, Florida
Cell: 305-761-7720 Telephone: 305-361-1900
2. Pierre Pascual (Tunnel Manager)
Ormond Adams (Tunnel SOE Superintendent)
Bouygues Civil Works Florida
1050 MacArthur Causeway, Miami, Florida 33132
Ormond Adams: 786-521-1172 Pierre Pascual: 305-510-8701
3, John Ricisak
Miami Dade County
Costal Environmental Manager —DERM
Derelict Vessels Manager
701 NW 15 Court — 6th Floor
Miami, Florida 33136
Telephone: 305-372-6575
4. Clive Hubbard
United Surety Group (Private Marine Salvage Claims)
Telephone: 305-301-9994
5. Captain Harris
Dock Master — Cocoplum Yacht Club (100 Slips)
6500 Prado Boulevard, Coral Gables, Florida 33143
Telephone: 305-788-7353
6. Stephen Bogner
City of Miami — Marina Manager
Marinas Manager (1,000 slips) - City of Miami
3400 Pan American Drive, Miami, Florida 33133
Telephone: 305-579-6952
7. Robert W. Christoph Sr. & John Hopwood
Owner / Manager— Miami Beach Marina (400 Slips)
Monty's in the Grove (100 slips) / River Cove Marina (100 Slips)
300 Alton Road, Miami Beach Florida 33130
Telephone: 305-672-5588
8. ArtTillburg
Director of Construction Port of Miami
1015 North American Way, 21d Floor, Miami, Florida 33132
Telephone: 305-347-4891
9, Timothy Schmand
Executive Director / Bayfront Park -City of Miami
301 North Biscayne Boulevard, Miami, Florida 33132
Telephone: 305-373-8870
10, Pat Downey
Executive Director / United States Sailing Center
2476 South Bayshore Drive, Miami, Florida 33133
Telephone: 305-854-1058
11. Dave Jacobs
President— Land and Sea Marine / (78 Slips — Key Largo) Molasses Reef Marina
105 North Palm Ave
Indialantic, Florida 32903
Telephone: 321-837-0088
12. Raymond J. Herman
Owner — Ocean Reef Residence / Bellingham Floating Docks & Sewall Repair
1310 St. Pauls Way
Crownsville, MD 31032
13. Kirk Lofgren
President —Ocean Consulting
340 Minorca Avenue, Suite No. 5
Coral Gables, Florida 33134
Telephone: 305-921-9344
14. Jose Alvez
General Manager / Southern Pine Lumber
1100 West Industrial Ave
Boynton Beach, Florida 33426
Telephone: 561-736-9500
15. Doug Dykstra
Owner / Decks and Docks
1801 SW 1st Ave, Fort Lauderdale, Florida 33315
Cell: 770-842-0202, Telephone: 954-462-9099
Subject: AIA Document A305, P 3.5 / Contractor Qualifications Statement Completed
Projects
Description
Contract Amount
US Dollars
Completion Date
City of Miami $150,000 April 2013
Kennedy Park
Floating Dock 0
Port of Miami Tunnel
Dodge & Watson Dredge
And Marine Concrete
$5,000,000 April, 2012
Key Biscayne Yacht Club $460,000 March, 2011
Dredging and Pile Install
City of Miami Pile Installation $396,250 March, 2012 1
Bayside & Dinner Key
280 Mooring Piles
Rickenbacker Marina $2,486,540 March, 2012
River Cove Marina
Monty's $3,000,000 December, 2008
Dredge, Docks & Seawall
Ocean Reef Club $140,000 September, 2011
16" Structural Piles
D Dock & H Dock
KAYWAMA $360,000
Key Largo Marina
Demolition and Pile Installation
February, 2011
SUPPLEMENT TO BID FORM:
OFFICE LOCATION AFFIDAVIT (Page 1 of 2)
Please type or print clearly. This Affidavit must be completed in full, signed and
notarized ONLY IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE
CITY OF MIAMI.
Legal Name of Firm:
Entity Type: (Check One) ❑ Partnership ❑ Sole Proprietorship ❑ Corporation
Corporation Document No:
Date Established
Occupational License No:
PRESENT
Street Address:
Date of Issuance
Offlce:L oatior (Esfabl shgen't of411e";f5ld`der/Bidde'r) 'i,.
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:
Local Office means a business which conducts allora. portion of its operations from a
permanent structure that is located within the corporate limits of the City of Miami, and has
operated legally pursuant to all applicable zoning and licensing laws for a minimum of six
months prior to the date bids or proposals were received for the purchase or contract at issue.
A post office box shall not be sufficient to constitute a local office within the City. 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 one year, have been in effect for no less than six months prior to date bid or
proposal was received and be available for review and approval by the chief procurement officer
or its designee.
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."
102
Spoil Island E— Restoration & Floating Dock ITB No: 12-13-034
CIP Contract No:
Exhibit 4 - KEARNS CONSTRUCITON EQUIPMENT LIST— February 2013
Description: Amount:
American 7225 Crawler Crane (85 Ton) - Purchased 12/29/2011 $143,150
American 5299 Crawler Crane (50Ton) $ 76,850
American 4450 Truck Crane (45 Ton) $ 50,000
100' x 37' x 7' Spud Barge (19 Watertight Compartments) $220,000
77' x 35' Sectional Spud Barge (New Barge) $ 70,000
26' Twin Screw, 460 HP Progressive Push Boat —Purchased 5/2012— Delivery 8/2012, New $186,000
26' Twin Screw, 460 HP Progressive Push Boat —Cummings $170,000
26' Single Screw, 230 HP Montauk Push Boat — Detroit Diesel $ 20,000
17' Boston Whaler Crew Boat— 90 HP Yamaha $ 5,000
18' Boston Whaler Crew Boat —150 HP Johnson — Purchased 5/2012 $ 8,000
Two 20' Work floats $ 3,000
Two 12' Work Floats $ 2,000
One 8' Work Float $ 1,000
Two Drop Hammer Pile Drives (65' leads and 40' leads) $ 20,000
Vibratory Hammer $ 50,000
Three Pile Driving Punch $ 20,000
Pile Driving False Work $ 5,000
Eight Clam Shell Buckets —Purchased January, 2012 $ 32,000
CAT 232 B Skid Loader $ 15,000
CAT 262 B Skid Loader — Purchased February 2013 $17,981
Utility Trailer $ 5,000
Two Modular Mobile Office Trailers $ 8,000
Commercial Dive Equipment $ 33,000
Chevy 3500 Box / Utility Truck $ 8,000
Two Welding Machines $ 10,000
Hitachi 12 ton excavator Purchased 10/17/2011 $ 27,500
Total: $1,206,481
SUPPLEMENT TO BID FORM:
OFFICE LOCATION AFFIDAVIT (Page 2 of 2)
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.
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.
SUPPLEMENT TO BID FORM:
• OFFICE LOCATION. AFFIDAVIT (Page 2 of 2)
Authorize Signature Authorized Signature
Print Name Print Name
(C trrporate Se€1l) Title Title
Authorized Signature Authorized Signature
(Must be signed by the corporate secretary of a Corporation or one general partner of a
partnership or the proprietor of a sole proprietorship or all partners of a joint venture.)
NOTARIZATION
STATE OF FLORIDA, COUNTY OF DADE
That: personally appeared
before me and acknowledged the foregoing instrument as his/her act and deed.
That he/she has produced as identification.
NOTARY PUBLIC:
My Commission Expires:
Please .submit with your Bid copies of Occupational License/Business Tax Receipt,
professional and/or trade License to verify local status. The City of Miami also reserves
the right to request a copy of the corporate charter, corporate income tax filing return
and any other documents(s) to verify the location of the firm's office.
103
Spoil Island E — Restoration & Floating Dock ITB No: 12••13--034
CIP Contract No:
SECTION 6 — CONTRACT EXECUTION FORM
This Contract 13-737 made this — day of in the year 2013 in the amount of
$188,040.00 by and between the City of Miami, Florida, hereinafter called the "City," and
KEARNS CONSTRUCTION COMPANY, hereinafter called the "Contractor."
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST KEARNS CONSTRUCTION COMPANY
Signature Signature •
Print Name, Title Print Name, Title of Authorized Officer or Official
ATTEST: (Corporate Seal)
CONTRACTOR Secretary
(Affirm CONTRACTOR Seal, if available)
ATTEST: City of Miami, a municipal corporation of the
State of Florida
Todd Hannon, City Clerk Johnny. Martinez, P.E., City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
Calvin Ellis, Director Julie O. Bru, City Attorney
Risk Management Department
104
Spoil Island E— Restoration & Floating Dock ITB No: 12-13-034
CIP Contract No: 13-737
CORPORATE RESOLUTION
WHEREAS, Inc. desires
to enter into a contract with the City of Miami for the purpose of performing the work described
in the contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the By -Laws of the corporation;
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the
(type title of officer) (type name of officer)
is hereby authorized and instructed to enter into a contract, in the name of and on behalf of
this corporation, with the City of Miami upon the terms contained in the proposed contract
to which this resolution is attached and to execute the corresponding performance bond.
DATED this day of , 20
Corporate Secretary
(Corporate Seal)
105
Spoil Island E— Restoration & Floating Dock ITB No: 12-13-034
CIP Contract No:
FORM OF PERFORMANCE BOND (Page 1of 2)
BY THIS BOND, We , as Principal,
hereinafter called Contractor, and , as Surety, are bound
to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) 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
No: 12-13-034, 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
106
Spoil Island E — Restoration & Floating Dock ITB No: 12-13-034
CIP Contract No:
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)
Phone No:
107
Spoll Island E -- Restoration & Floating Dock ITB No: 12-13-034
CIP Contract No:
FORM OF PAYMENT BOND (Page lof 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
No,, 12-13-034 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.
108
Spoil Island E — Restoration & Floating Dock ITB No: 12-13-034
CIP Contract No:
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:
By:
CONTRACTOR:
(Name of Corporation)
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20— _.
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
(Agent and Attorney -in -Fact)
Address:
(Street)
(City/State/Zip Code)
Phone No.:
109
Spoil Island E — Restoration & Floating Dock ITB No: 12-13-034
GIP Contract No:
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:
Large
Notary Public, State of Florida at
Bonded by
Spoil Island E — Restoration & Floating Dock B-30721 ITB 12-13-034
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT (Page 1 of 2)
Date of Issue
Issuing Bank's No.
BENEFICIARY APPLICANT
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
We hereby authorize you to draw on
Amount:
United States Funds
Expiry:
(Date)
Bid/Contract Number
(Bank, Issuer name)
by order
of and for the account of
(branch address)
(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)
Spoil Island E — Restoration & Floating Dock B-30721 1TB 12-13-034
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 willexpireprior 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
Spoil Island E — Restoration & Floating Dock B-30721 lTB 12-13-034
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY
If the Proposer is submitting as a joint venture, please be advised that this form
(2 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:
Spoil Island E— Restoration & Floating Dock B-30721 ITB 12-13-034
(4) Purchasing of major items or supplies:
(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."
Narne of Firm: Name of Firm:
Signature: Signature:
Narne: Name:
Title: Title:
Date: Date:
FORM A
Spoil Island E — Restoration & Floating Dock B-30721 ITB 12-13-034
CITY OF MIAMI
CAPITAL IMPROVEMENTS PROGRAM
SUBCONTRACTOR UTILIZATION
Project No. B- (5-7 2--1 Project Title: S A 1 7 L (
Sheet No. 1 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
Dollar
Amount
Percent
Address/City/State/Zip
License Information*
Business
SBE
Certification**'*
CSBE
DBE
Type
Number
242
(lit
o > 03qt
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*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
Form SU
ADDENDUM NO. 1
May 7, 2013
ITB 12-13-034
SPOIL ISLAND E — RESTORATION & FLOATING DOCK (B30721)
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications, and/or deletions amend the above captioned
Invitation to Bid and shall become an integral part of the Bids submitted and the Contract to be
executed for Spoil island E — Restoration & Floating Dock (830721) — Invitation to Bid 12-13-034
(the "Project"). Please note the contents herein and affix same to the documents you have on
hand.
1. Please find included in Addendum No. 1 a Department of Environmental Protection permit.
2. As discussed at the mandatory pre -bid meeting, the following change should be made to
the Invitation to Bid:
SECTION 1 — INSTRUCTIONS FOR SUBMISSION — Article 6, Paragraph 2
Addenda (page 8)
interpretations or clarifications considered necessary by CIP in response to such questions'
will be issued by the City by means of an Addendum posted on the CIP webpage. Written
questions should be received no less than ten (10) .calendar days prior to the date Bids are
due. There shall be no obligation on the part of CIP to respond to questions received later
than 5:00 PM Monday, May 22, 2013 May 6, 2013.
Request for information:
Q1. Contractor suggests the use of solid 14" x 14" square concrete piles by S & S precast
instead of round concrete piles for the floating dock. Are 14" x 14" concrete piles
acceptable for the floating dock?
At. Yes equivalent concrete piles are acceptable. Concrete piles shall meet FDOT
specifications, and the concrete mix design shall be for an extremely aggressive
environment. The square piles and associated pile guides will 'have to be
incorporated into the floating dock design
Q2. Contractor suggests using intemal pile guides. Are internal pile guides acceptable?
A2, No, Berthing along the island side of the dock is discouraged due to the presence of
marine resotgces along the shoreline.
Spoil Island E— Restoration & Floating Dock (B-30721) • Addendum No. 1
ITB 12-13-034
Loto
4rJn'•
Q3. If possible, it is suggested that the timber dock platform be raised. Currently, the timber
dock is at elevation + 2 which becomes a problem at high tides, The aluminum ramp
pinches the floating dock causing extra wear and tear. Please consider the ADA slope
requirements when deciding the elevation for the timber dock.
A3. The plans illustrate a reinforced, cast -in -place platform for the shore connection on
the island. Elevations inthe plans are referenced to NAVD, and typical elevations on
the Island range from +2 to +3 feet, NAVD. The finished grade of the platform is +2
feet, which is approximately 4 feet above MLW, and 2 feet above MHW. Depending on
the selected floating dock system, there may be cases where the gangway is sloping
up to meet the floating dock with associated freeboard. The floating dock and
gangway need to account for the range of water level conditions, and appropriate
figures shall be provided in the shop drawings for review. In addition, minor site
grading with fill and sod shall be provided for the transition from the platform to the
surrounding island elevations.
THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT/DQCUIVI/ENT AND
n7LSHALL BE MADE A PART THEREOF,
V
Jeova my odri ez, P.E., Apisietant Diirector
Capital I pro events Progr m)
This Addendum should be signed and dated by the Bidder and the signature page submitted as
proof of receipt with the submission of the Bid. The Bidder by identifying the addendum number in
their Bid, signing the addendum and by the submission of their Bid shall serve as proof of receipt of
this Addendum.
NAME OF FIRM: DATE: /P/ 3
SIGNATURE:
Spoil Island E — Restoration & Floating Dock (B-30721) Addendum No.1
ITB 12-13-034
ADDENDUM NO. 2
May 8, 2013
ITB 12-13-034
SPOIL ISLAND E RESTORATION & FLOATING DOCK (B30721)
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications, and/or deletions amend the above captioned
Invitation to Bid and shall become an integral part of the Bids submitted and the Contract to be
executed for Spoil Island E — Restoration & Floating Dock (B30721) — Invitation to Bid 12-13-034
(the 'Project'). Please note the contents herein and affix same to the documents you have on
hand.
Request for Information:
Q1. WIII the City provide the contractor with a parking and staging area at Dinner Key Marina?
Al. The City can provide a maximum of six (6) parking spaces to be used as needed.
02. Will the City provide a boat slip for marine access to Spoil Island E?
A2. Dock space will be provided for a vessel to 40 feet with a beam no wider than 14 feet.
THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE C NTRACT DOCUMENT AND
SHALL BE MADE A PART THEREOF. .71
o`vanny Rodriguez, P.E., Assistant Diirector
Capital Improvements Program
This Addendum should be signed and dated by the Bidder: and the signature page submitted as
proof of receipt with the submission of the Bid. The Bidder by identifying the addendum number in
their Bid, signing the addendum and by the submission of their Bid shall serve as proof of receipt of
this Addendum,
DATE:
NAME OF FIRM:
SIGNATURE:
Spoil Island E — Restoration & Floating Dock .(B•30721) Addendum No, 2 •
ITB 12.13.034
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Johnny Martinez, P.E.,
City Manager
DATE: July 8, 2013 FILE:
SUBJECT: Recommendation of Award
Spoil Island E Restoration
& Floating Dock
FROM: Mark Spanioli, P.E., Director REFERENCES: ITB 12-13-034., B-30721
Capital Improvements Program ENCLOSURES:
Recommendation
Based on the findings noted, Capital Improvements Program hereby recommends that the referenced
project be awarded to Kearns Construction Company ("Kearns") which has been determined to be the
lowest responsive and responsible Bidder.
Background
On Wednesday, May 15, 2013, Capital Improvements Program ("CIP") received one (1) bid in
response to the solicitation for the Spoil Island E — Restoration & Floating Dock, project B-30721
("Project"), Bidders were required to hold a current active certified license as a General Contractor or
certified Building Contractor from the State of Florida and must have a minimum of five (5) years
experience under its current business name, supported by three (3) references for three (3)
completed unique, individual projects of similar size, scope and complexity, within the past five (5)
years.
Findings
As reflected on the attached Bid Security List prepared by the City Clerk, Kearns was the sole and
lowest bidder for ITB 12-13-034. CIP staff reviewed their submittal thoroughly and confirmed that
Kearns has the required project experience plus three completed projects of similar size, scope and
complexity, meeting the minimum requirements to bid on the Project. Therefore, CIP recommends
that the Project be awarded to Kearns Construction Company, the lowest responsive and responsible
bidder, in the amount of $188,040., plus a ten percent (10%) contingency, for a total award amount
not to exceed .$206,844. Upon approval of this recommendation, CIP will prepare the necessary
legislation to have this award brought before the City Commission,
Approved:
fer/
Johnny Martinez, P.E.,
City Manager
: bd
c: A. Bravo, Assistant, City Manager
J. Rodriguez, Assistant Director
E. Rush, Chief Construction Manager
C. Worth, Project Manager
Date: -7r
CITY OF MIAMI OFFICE OF THE CITY CLERK
BID SECURITY LIST
BID ITEM: Spoil 'Island E Restoration & Floating Dock (B30721.)
BID NUMBER: ITB No, 12.43-034
DATE BID OPENED:
Wednesday, May 15, 2013
TIME: 2:OOpm
BIDDER
BID TOTAL
BID BOND (ER)
AMOUNT
CASHIER'S
CHECK
KEARNS Construction Co.
$188,040.00
$9,952,00 ,
Cashier's Check
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PREPARED BY:
Purchasing Department
City Department
Deputy City Clerk