HomeMy WebLinkAboutExhibit - ContractINVITATION TO BID ("ITB") NO.: 15-16-037
CURTIS PARK ENVIRONMENTAL REMEDIATION PROJECT - D1
CAPITAL IMPROVEMENTS AND TRANSPORTATION PROGRAM
PROJECT NO.: B-40610
Bids Due Date: Monday, September 12, 2016
Bids Due Time: 2:00 P.M.
Mayor Tomas P. Regalado
Commissioner Wifredo "Willy" Gort, District 1
Commissioner Ken Russell, District 2
Commissioner Frank Carollo, District 3
Commissioner Francis Suarez, District 4
Commissioner Keon Hardemon, District 5
City Manager, Daniel J. Alfonso
Issued By:
City of Miami
Procurement Department
444 SW 2nd Avenue, 6th Floor
Miami, FL 33130
TABLE OF CONTENTS
NOTICE TO CONTRACTORS 6
Section 1 -Instructions for Submission 8
1. Intention of City 8
2. Scope of Work 8
3. Location of the Project 9
4. Performance of the Work 9
5. Examination of Contract Documents and Site 9
6. Addenda 9
7. Bid Submission 9
8. Bid Guaranty 10
9. Preparation of Bid 10
10. Pre -Bid Conference 10
11. Postponement of Bid Opening Date 11
12. Acceptance or Rejection of Bids 11
13. Environmental Regulations 11
14. Bid Award .11
15. Bid Protest f e ce Sectio 18-1 4 of the Cit ode 12
16. Community Small Business Enterprise ("CSBE") Participation 12
17. Local Workforce Participation 13
18. Intentionally Omitted 15
19. Cone of Silence 15
20. Public Entity Crime 15
21. Fraud and Misrepresentation 15
22. Collusion 16
23. Contractor in Arrears or Default 16
24. Cancellation of ITB 16
Section 2-General Terms and Conditions 17
1. Definitions 17
2. Time is of the Essence 19
3. Contract Term 20
4. Notices 20
5. Priority of Provisions 21
6. Indemnification 21
7. Insurance 22
8. PPayment and Performance Bond 24
9. Qualification of Surety 25
10. General Requirements 25
11. Method of Performing the Work 26
12. Work Staging and Phasing 26
13. Site Investigation and Representation 27
14. Contractor to Check Plans, Specifications and Data.. 27
15. Contractor's Responsibility for Damages and Accidents 27
16. Accidents 28
17. Safety Precautions 28
18. Occupational Health and Safety 29
19. Labor and Materials 29
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20. Rules, Regulations, Laws, and Licenses 29
21. Consultant Services 30
22. Project Management 30
23. Superintendence and Supervision 30
24. Authority of the Project Manager 31
25. Inspection of Work 32
26. Taxes 33
27. Separate Contracts 33
28. Lands of Work 33
29. Coordination of Work 33
30. Differing Site Conditions 33
31. Existing Utilities 34
32. Contractor's Responsibility for Utility Properties and Service 34
33. Interfering Structures 35
34. Field Relocation 35
35. Contractor's Use of Project Site(s1 35
36. Warranty of Materials and Equipment 36
37. Material and Equipment Shipment, Handling, Storage and Protection 36
38. Manufacturer's Instructions 37
39. Manufacturer's Warranty 38
41. Submittals 38
42. Shop Drawings 40
43. Product Data 41
44. Samples 41
45. Record Set 41
46. Supplemental Drawings and Instructions 42
47. Contractor Furnished Drawings 42
48. Substitutions 42
49. City Furnished Drawings 43
50. Interpretation of Drawings and Documents 44
51. Product and Material Testing 44
52. Field Directives 44
53. Changes in the Work or Contract Documents 44
54. Continuing the Work 44
55. Change Orders 45
56. Change Order Procedure 45
57. No Oral Changes 46
58. Value of Change Order Work 46
59. Extra Work Directive 48
60. As -Built Drawings 49
61. Worker's Identification 50
62. Removal of Unsatisfactory Personnel 51
63. Substantial Completion, Punch List & Final Completion - 51
64. Acceptance and Final Payment 52
65. NPDES Requirements 52
66. Force Majeure 52
67. Extension of Time 53
68. Notification of Claim 54
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69. Extension of Time not Cumulative 54
70. No Damages for Delay 54
71. Excusable Delay, Non-Compensable 55
73. Defective Work 55
74. Acceptance of Defective or Non -Conforming Work 56
75. Uncovering Finished Work 56
76. Correction of Work 56
77. Maintenance of Traffic and Public Streets 56
78. Location and Damage to Existing Facilities, Equipment or Utilities 58
79. Stop Work Order 59
80. Hurricane Preparedness 59
81. Use of Completed Portions 59
82. Cleaning Up; City's Right to Clean Up 60
83. Removal of Equipment 60
84. Set -offs, Withholdings and Deductions 60
85. Event of Default 61
86. Notice of Default -Opportunity to Cure 61
87. Termination for Default 61
88. Remedies in the Event of Termination for Default 62
89. Termination for Convenience 62
90. Resolution of Disputes 63
91. Mediation -Waiver of Jury Trial 64
92. City May Avail Itself of All Remedies 64
93. Permits, Licenses and Impact Fees 65
94. Compliance with Applicable Laws 65
95. Independent Contractor 65
96. Third Party Beneficiaries 66
97. Successors and Assigns 66
98. Materiality and Waiver of Breach 66
99. Severability 66
100. Applicable Law and Venue of Litigation 67
101. Amendments 67
102. Entire Agreement 67
103. Nondiscrimination, Equal Employment Opportunity, and Americans with
Disabilities Act 67
104. Evaluation ................ 67
105. Commodities manufactured, grown or produced in the City of Miami, Miami -Dade
County and the State of Florida 67
106. Royalties and Patents 68
107. Continuation of the Work 68
108. Review of Records 68
109. No Interest 68
110. Payments Related to Guaranteed -Obligations 69
111. Consent of City Required for Subletting or Assignment 69
112. Agreement Limiting Time in Which to Bring Action Against the City 69
113. Defense of Claims 69
114. Contingency Clause 69
115. Mutual Obligations 70
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116. Contract Extension 70
117. Non -Exclusivity 70
118. Nature of the Agreement 70
119. Contract Documents Contain all Terms 70
120. Survival 70
121. Disclosure of State Funding, if applicable 71
Section 3 - Supplemental Terms and Conditions 72
1. Contract Time & Hours 72
2. Progress Payments 72
3. Liquidated Damages 73
4. Schedule of Values 74
5. Project Schedules 74
6. Release of Liens/Subcontractor's Statement of Satisfaction 74
7. Progress Meetings 75
8. Request for Information 75
9. Project Site Facilities 75
10. Inspection of Work 76
11. Security........... 76
12. Construction Signage 76
13. Construction Photographs 77
14. City Furnished Property 77
15. Geotechnical Testing — Intentionally Omitted 77
16. Field Layout of the Work and Record Drawings for Drainage Projects 77
17. Survey Work for Drainage Projects 78
18. E-Verify — Mandatory Use 79
Section 4 Bid Form 80
Section 5- Attachments 91
BID BOND FORM............ 91
QUESTIONNAIRE 94
CUSTOMER REFERENCE LISTING 98
REFERENCE LETTER 99
OFFICE LOCATION AFFIDAVIT 100
CERTIFICATE OF COMPLIANCE 103
SCHEDULE OF INTENT AFFIDAVIT (SOI) 104
LOCAL WORKFORCE PARTICIPATION BID QUESTION 105
Section 6- Contract Execution Form 106
CORPORATE RESOLUTION 107
FORM OF PERFORMANCE BOND 108
FORM OF PAYMENT BOND 110
CERTIFICATE AS TO CORPORATE PRINCIPAL 112
PERFORMANCE AND PAYMENT GUARANTY FORM AND
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT 113
FORM A - INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY 115
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INVITATION TO BID NO.: 15-16-037
NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami, Office of the City Clerk, City Hall, 1st Floor, 3500
Pan American Drive, Miami, Florida 33133-5504 for:
CURTIS PARK ENVIRONMENTAL REMEDIATION PROJECT 1311
Bids Due: Monday, September 12, 2016 at 2:00 p.m.
Scope of Work: The work will consist of the corrective actions to address contamination at the City of
Miami (City) owned and operated Curtis Park; a 25 acre park located at 1901 NW 24th Ave, Miami, FL
33125. The work area for this project is approximately 12 acres, more or less, as specifically defined in
the accompanying plans set by SCS Engineers dated June 2016, which are deemed as being
incorporated by reference herein,
In general, the Contractor shall implement procedures for selective removal and replacement of
structures and other park features and foundations, including removal of on -site fencing, sand pit,
selected asphalt walkways, bleacher pads, and one-story concrete building and pad. The Contractor shall
also excavate an approximately 12" layer of surface soil and ash from specified areas of the park, and
relocate said excavated material onsite to the baseball field area, where it shall be used to re -grade the
area prior to adding a geosynthetic clay liner or high -visibility geotextile, and clean fill cap. Excess
excavated material, if any, shall be hauled off site and disposed at a Class I Landfill.
Additional measures shall be implemented for excavation of contaminated soil around trees and pruning
roots as directed by a certified arborist certified by the International Society of Arboriculture. The
Contractor shall hire a certified archaeologist to monitor excavations in areas of moderate probability, as
highlighted within the designated zone per the conditions of the permit. Archaeologist means a person
who is registered by the Society of Professional Archaeologists with an emphasis in field research or
who, in the judgment of the State Archaeologist, meets the training and experience requirements
necessary for such registration. GSETM bentoliner EC Geosynthetic Clay Liner (GCL) or high -visibility
geotextile shall be installed between existing and/or relocated potentially contaminated soil and clean fill
material where specified. Bonded rubber mulch shall be installed to 2.5" inches thick over 12" inches of
clean fill around specified trees. A new irrigation system shall be installed at the ballfield. Parking lot and
walkway asphalt resurfacing improvements shall be implemented where applicable. Drainage (Class V
wells) shall be installed for management of stormwater runoff.
The Contractor shall be responsible for implementing dust control measures. If fugitive dust or
contaminant concentrations are detected above applicable thresholds at the property boundary or other
air monitoring stations, the Contractor shall be required to implement corrective actions prior to resuming
work. Perimeter air monitoring will be conducted by a City consultant directly under contract to the City.
Soil stockpiles shall be covered daily upon conclusion of work day. Stormwater pollution prevention
measures shall be implemented as specified in the engineering plans.
The Contractor shall be solely responsible for implementing health and safety measures, including
personal air monitoring for workers conducting activities in the "exclusion zone". A Generic Health and
Safety Plan (HASP) addressing potential contamination issues is provided as part of the bid documents
andmaybe adopted by the Contractor for use, with the inclusion of appropriate site specific information.
The Contractor's HASP must be provided at the time of bid.
Minimum Requirements: Prospective Bidders must have a current certified General Contractor license
issued by the State of Florida; and, in addition, must have a minimum of five (5) years of experience,
under its current business name, in construction of large scale (i.e. 5 or more acres) remediation
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projects supported by references for five (5) large scale (i.e. 5 or more acres) remediation projects
completed within the past ten (10) years. Up to two (2) of the qualifying five (5) large scale remediation
projects may have been substantially completed without any defaults attributable to the Bidder. Submitted
reference projects must demonstrate that the Bidder: i) was the Prime Contractor for the reference
projects; mid ii) self -performed at least thirty percent (30%) of the physical construction work for the
reference projects.
The selected Bidder, hereinafter referred to as Contractor, must self -perform at least thirty percent (30%)
of the physical construction work for the Project. The City may at any time require documentation in
confirmation of this requirement.
PLEASE NOTE:
A. Field workers shall be trained in Hazardous Waste Operations and Emergency Response
(HAZWOPER) - forty ,(40) hours with up to date annual training certificates. Copies of
HAZWOPER training ,certificates for Bidder's field workers must be submitted with the bid.
Verification of 8-hour refresher course certificates shall be updated and submitted to the City's
Project Manager immediately upon contract award for field workers on the Project.
B. Curtis Park is adjacent to a residential area. Contractor shall be required to furnish all disposal
manifests for potentially contaminated media, including onsite soil, Personal Protection
Equipment (PPE) and any other wastes generated at the site.
C. The Contractor shall serve as the agent for the City in signing disposal manifests.
D. Bidders shall identify the Class I Landfill to be used for contaminated media that cannot be
regraded into the site. When offsite disposal is necessary; the Contractor may be required by the
Landfill facility to conduct lab analysis of Toxicity Characteristic Leaching Procedure (TCLP) for
soil contaminants identified in previous assessment reports.
The Procurement Department (Procurement) has scheduled a VOLUNTARY PRE -BID
CONFERENCE to be held on the following date, time and location:
Location: Miami Riverside Center
444 SW 2nd Avenue, 6th Floor - South Conference Room
Miami, Florida 33130
Date/Time: Wednesday, August 17, 2016 at 1:00 p.m.
The Bid documents including plans can only be obtained by visiting the Capital Improvements and
Transportation Program's website: http://www.miamigov.com/CITP/ProcurementOpp.html.
It is the sole responsibility of all Bidders to ensure their receipt of any addendum and it is
recommended that firms periodically check the Capital Improvements and Transportation
Program (CITP) webpage for updates and the issuance of addenda.
All bids shall be submitted in accordance with the Instructions to Bidders. Bids must be submitted in
duplicate originals and on CD in PDF format at the time, date and place above, where bids will be
publicly opened. Any bids received after the time and date specified will not be considered. The
responsibility for submitting a bid before the stated time and date is solely and strictly the responsibility
of the Bidder. The City is not responsible for any delay no matter what the cause. You assume any risk
of any delay or mistake. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT
TO THE "CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271 Section 18-74,
CITY OF MIAMI CITY CODE, as amended.
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Section 1 — Instructions for Submission
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
Project(s). Any-war-k7 materials or equipment that may reasonably be inferred from the Contract
Contractor shall
supply any work, materials or equipment that may reasonably be inferred from the Contract as
being required to produce the intended result, whether or not specifically called for. Where words
have a well-known technical or trade meaning are used to describe work, materials or equipment,
such words shall be interpreted in accordance with that meaning. 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 will consist of the corrective actions to address contamination at the City of Miami (City)
owned and operated Curtis Park; a 25 acre park located at 1901 NW 24th Ave, Miami, FL 33125.
The work area for this project is approximately 12 acres, as specifically defined in the
accompanying plan set by SCS Engineers dated June 2016.
In general, the Contractor shall implement procedures for selective removal and replacement of
structures and other park features and foundations, including removal of on -site fencing, sand pit,
selected asphalt walkways, bleacher pads, and one-story concrete building and pad. The
Contractor shall also excavate an approximately 12" layer of surface soil and ash from specified
areas of the park, and relocate said excavated material onsite to the baseball field area, where it
shall be used to re -grade the area prior to adding a geosynthetic clay liner or high -visibility
geotextile, and clean fill cap. Excess excavated material, if any, shall be hauled off site and
disposed at a Class I Landfill.
Additional measures shall be implemented for excavation of contaminated soil around trees and
pruning roots as directed by a certified arborist. The Contractor shall hire an archaeologist to
monitor excavations in areas of moderate probability, as highlighted within the designated zone
per the conditions of the permit. GSETM bentoliner EC Geosynthetic Clay Liner (GCL) or high -
visibility geotextile shall be installed between existing and/or relocated potentially contaminated
soil and clean fill material where specified. Bonded rubber mulch shall be installed to 2.5" inches
thick over 12" inches of clean fill around specified trees. A new irrigation system shall be installed
at the ballfield. Parking lot and walkway asphalt resurfacing improvements shall be implemented
where applicable. Drainage (Class V wells) shall be installed for management of stormwater
runoff.
The Contractor shall be responsible for implementing dust control measures. If fugitive dust or
contaminant concentrations are detected above applicable thresholds at the property boundary
or other air monitoring stations, the Contractor shall be required to implement corrective actions
prior to resuming work. Perimeter air monitoring will be conducted by a City consultant directly
under contract to the City. Soil stockpiles shall be covered daily upon conclusion of work day.-
Stormwater pollution prevention measures shall be implemented as specified in the engineering
plans.
The Contractor shall be responsible for implementing health and safety measures, including
personal air monitoring for workers conducting activities in the "exclusion zone". A Generic Health
and Safety Plan (HASP) addressing potential contamination issues is provided as part of the bid
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documents and may be adopted by the Contractor for use, with the inclusion of appropriate site
specific information. The Contractor's HASP must be provided at the time of bid.
3. Location of the Project
1901 NW 24th Ave, Miami, FL 33125; Folio 01-3134-000-0330, Commission District 1.
4. Performance of the Work
Contractor must self -perform at least thirty percent (30%) of the physical construction Work. By
submitting a Bid, the Bidder certifies that it will utilize its own employees to meet this requirement.
As part of the Bid, the Bidder must include the form titled "Questionnaire". Failure to complete and
submit this form, or to meet this requirement, may result in the Bid being deemed non -responsive.
Where the City determines that Contractor is deemed as not meeting this requirement during the
performance of the Work, then the Contractor shall be in default of the Contract.
5. Examination of Contract Documents and Site
It is the responsibility of each Bidder, before submitting a response to this Invitation to Bid (ITB),
to:
• Carefully review the ITB, including any addenda and notify the City of all conflicts, errors
or discrepancies.
• Visit the site(s) or structure(s) to become familiar with conditions that may affect costs,
progress, performance or furnishing of the Work.
• Take into account federal, state and local (City and Miami -Dade County including, without
limitation the City Procurement Ordinance and Florida Building Code) laws, regulations,
ordinances that may affect a Bidder's ability to perform the Work.
• Study and carefully correlate Bidder's observations with the requirements of the ITB.
• Sign and return all required ITB forms and/or addenda, as applicable.
The submission of a Bid in response to this solicitation shall constitute an incontrovertible
representation by Bidder that it will comply with the requirements of the Contract Documents and
that without exception, the response is premised upon performing and furnishing Work required
under the Contract Documents and that the Contract Documents are sufficient in detail to indicate
and convey understanding of all terms and conditions for performance and furnishing of the Work.
6. Addenda
Only questions answered by written Addendum will be binding. Oral and other interpretations or
clarifications will be without legal binding effect and should not be relied upon in preparation of a
Bid response. All questions about the meaning or intent of the Contract Documents are to be
directed to the City's Procurement Department (Procurement) in writing, to the attention of Sade
Chaney at schaneymiamigov.com, with a copy to the Office of Clerk of the City at
rcastillo a(�miamigov.com. Interpretations or clarifications considered necessary by Procurement
in response to such questions will be issued by the City by means of an Addendum. All Addenda
will be posted on the CITP webpage. Written questions must be received by Friday, August
26, 2016 at 5:00 p.m. There shall be no response to questions received after Friday, August 26,
2016 at 5:00 p.m.
7 Bid Submission
All Bids must be received by the City of Miami, City Clerk's office located at City Hall, First Floor,
3500 Pan American Drive, Miami, FL. 33133, before the time and date specified for bid opening,
enclosed in a sealed envelope, legibly marked on the outside:
BID NO.: 15-16-037
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ITB No.: 15-16-037
PROJECT NAME: Curtis Park Environmental Remediation Project - D1
Bidders must submit two original Bid Packages and one electronic Bid Package on a
CD in PDF format. Failure to submit two originals may result in the Bid being deemed non-
responsive
8. Bid Guaranty
All Bids shall be accompanied by either an original Bid bond executed by a Surety meeting the
requirements of the City, or by cash, money order, certified check, cashier's check,
Unconditional/Irrevocable Letter of Credit, Bid Bond Voucher (for projects less than $200,000)
issued to City of Miami by certified check, treasurer's check or bank draft of any national or state
bank (United States), in the amount of five percent 15% of the total Bid amount, payable to City,
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 at its sole and absolute discretion. Bid Securities of the unsuccessful
Bidders will be returned after award of Contract. A PERSONAL CHECK OR A COMPANY
CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the
successful Bidder shall be forfeited to the City as liquidated damages, not as a penalty, for the
cost and expense incurred should said Bidder fail to execute the Contract, and provide the
required Performance. Any form of Bid Guaranty shall be in a form acceptable to the City of Miami
Risk Management Director and to the City Attorney as to legal form.
9. Preparation of Bid
All Bids must be made upon the blank City forms provided herein and herewith. The Bid must be
signed and acknowledged by the Bidder in accordance with the directions on the ITB. Failure to
utilize the City's forms, or fully complete said forms will result in a determination that the response
is non -responsive.
The Bidder will be considered non -responsive if Bid is conditioned on modifications, changes, or
revisions to the terms and conditions of the ITB.
The Bid is to include the furnishing of all labor, materials, overhead expense and profit, equipment
including, but not limited to, tools, services, permit fees, applicable taxes, overhead and profit for
the completion of the Work except as may be otherwise expressly provided in the Contract
Documents°
Joint venture firms must complete and submit with their Bid, the form titled "Information for
Determining Joint Venture Eligibility" (Form A), and submit a copy of the formal agreement
between all joint -venture parties. This joint venture agreement must indicate their respective roles,
responsibilities and levels of participation for the Project. Failure to submit Form A, along with an
attached written copy of the joint venture agreement may result in disqualification of the Bid. All
joint venture firms must meet the requirements stipulated in the Florida Statutes.
10. Pre -Bid Conference
A VOLUNTARY PRE -BID CONFERENCE will be held on Wednesday, August 17, 2016 at 1:00
p.m. at the Miami Riverside Center, 6th Floor South Conference Room, 444 SW 2nd Avenue,
Miami, FL 33130, to discuss this ITB. Since space is limited, it is recommended that one
representative of each firm attend in order to become familiar with the ITB. Attendees are
requested to bring this ITB Package to the conference.
11. Postponement of Bid Opening Date
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The City reserves the right to postpone the date for receipt and opening of submissions and will
make a reasonable effort to give at least five (5) calendar days' notice of any such postponement
to prospective Bidders.
The City shall make reasonable efforts to issue addenda within five (5) calendar days prior to the
due date.
12. Acceptance or Rejection of Bids
The City reserves the right to reject any or all Bids prior to award, to re -advertise for Bids, and to
not award any Contract, in the reasonable discretion of the City.
The City reserves the right to waive any minor or non -material technicality, informality, variance,
deviation, omission or the like up to or prior to award of the Contract.
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 Price before the expiration of one hundred eighty (180) calendar days from the date of Bid
opening. A Bidder may withdraw its Bid after the expiration of one hundred eighty (180) calendar
days from the date of Bid opening by delivering written notice of withdrawal to the Department of
Capital Improvements and Transportation prior to award of the Contract by the City Commission.
13. Environmental Regulations
The City reserves the right to consider a Bidder's history of citations, claims, and/or violations of
environmental laws rules and/ or regulations ("Regulations") in investigating a Bidder's
responsibility, and further reserves the right to declare a Bidder not responsible if the history or
frequency, of violations warrant such determination in the opinion of the City. Bidder shall submit
with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof.
The non -submission of any such documentation shall be deemed to be an affirmation by the
Bidder that there are no citations or violations. Bidders shall notify the City immediately of notice
of any citation or violation which Bidder may receive after the submittal opening date and during
performance of the Work under this Contract. This inquiry will cover all violations of Regulations
in the United States its possessions or territories. Bidder for purposes of the section shall mean
the actual bidder , any business entity that is a subsidiary wholly or in which a majority of equity
is owned by the bidder or its principals.
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 and absolute discretion, may
conduct site visits at the Bidder's office, require the Bidder to furnish documentation, and/or
require the Bidder 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 Bidder.
The Bidder must be able to demonstrate a good record of performance and have sufficient
financial resources to ensure that it can satisfactorily provide the goods and/or services required
herein.
The City, at its sole discretion, may determine a Bidder to be non -responsible where the Bidder
has failed to perform in accordance with other contracts with the City.
Any Bidder who, at the time of submission, is involved in an ongoing bankruptcy as a debtor, or
in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been
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appointed over all or a substantial portion of the property of the Bidder under federal bankruptcy
law or any state insolvency, may be declared non -responsive.
Any Bidder who may have filed a lawsuit against the City or where the City has filed a lawsuit or
won a court judgment against the Bidder may be declared non -responsive.
15. Bid Protest,(Reference Section 18-104 of the City Code)
Any actual or prospective contractual party who feels aggrieved in connection with this ITB or any
responsive and responsible Bidder, whose bid is lower than that of the recommended Bidder, may
protest the issuance of the ITB or an award of a contract. Eligible protests must be submitted in
writing to the Director of Procurement/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, which is deemed as being incorporated by reference
herein. Protests failing to meet the requirements for filing, for timeliness, for payment of the
re aired fee and other re uirements set forth in 18-104 of the City Code shall NOT be accepted.
Failure of a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO
EXCEPTIONS.
16. Community Small Business Enterprise ("CSBE") Participation
The Contractor must comply with the following CSBE participation requirements. All
instructions, required forms and other information necessary for complying with the
CSBE participation requirements are available on the CITP webpage.
a) The Contractor must assign a minimum of fifteen percent (15%) of the Contract value
to a respondent or to a construction related enterprise currently certified by Miami -
Dade County as a Community Small Business Enterprise (CSBE) as set forth in Sec.
10-33.01 and Sec. 10-33.02 of the Miami -Dade County Code;
b) Five percent (5%) of the bid amount shall be retained by the City for the CSBE
requirements until said requirements are fulfilled and verified within six (6)
months of Contract completion pursuant to Section 18-89 of the City Code. Failure
to comply with the CSBE requirements within six (6) months of Contract completion
shall result in the forfeiture of the retained amount to the City. This five percent (5%)
retainage is included within the ten percent (10%) retainage normally withheld by the
City;
c) The Contractor shall retain the services of an independent third party to verify and
certify compliance with these requirements on a quarterly basis in accordance with
Section 18-89 of the City Code. Said third party shall be unaffiliated with the
respondent and be properly licensed under the provisions of Section 454, 471, 473,
or 481 of the Florida Statutes. The person performing the verification shall have a
minimum of two (2) years of prior professional experience in contracts compliance,
auditing, personnel administration, or field experience in payroll, enforcement, or
investigative environment. The cost for this verification shall be included in the related
contract costs.
The following link is to the Miami -Dade County website where Bidders can view the
current listing ofcertifiedCSBE contractors by trade.
http://www.miamidade.gov/smallbusiness/library/reports/certify-csbe-by-fiirms.pdf
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17. Local Workforce Participation
I, Contractor must employ the following minimum percentage requirements for on -site labor
from persons residing within Miami -Dade County (an individual whose primary place of
residence is within Miami -Dade County), for the duration of the project:
1. Construction contracts with a construction cost of up to $250,000.00 shall have no local
workforce participation requirement.
2. Construction contracts with a construction cost of $250,000.00 or more, but Tess than
$500,000.00 shall have a minimum local workforce participation requirement of ten
percent (10%®).
3. Construction contracts with a construction cost of $500,000.00 or more, but less than
$750,000.00 shall have a minimum local workforce participation requirement of fifteen
percent (15%).
4. Construction contracts with a construction cost of $750,000.00 or more, but less than
$4,000,000.00 shall have a minimum local workforce participation requirement of twenty
percent (20%).
5. Construction contracts with a construction cost of $4,000,000.00 or more shall have a
minimum local workforce participation requirement of forty percent (40%).
All local workforce participation percentage requirements listed above shall be applied on
the construction project's on -site labor force. The county residency of the onsite labor
component shall be subject to verification by CITP.
II. The Contractor shall strive to employ a minimum of fifty percent (50%) of the aforementioned
minimum local workforce participation percentage requirements from within the city
commission district where the proiect is located.
III. Five percent (5%) of the bid amount shall be retained by the City for the local requirements
until said requirements are fulfilled and verified by the City Manager, or authorized designee
as being fulfilled within three (3) months of contract completion. Failure to satisfactorily meet
the requirements shall result in the forfeiture of the retained amount to the City, this five
percent (5%®) retainage is included within the ten percent (10%) retainage normally withheld
by the City and will comply with percentages specified in F.S. § 218.735.
IV. The Contractor shall coordinate job fairs and hiring initiatives with South Florida Workforce or
a similar state chartered regional workforce development board acceptable to the City
Manager.
1. For contracts with a bid amount between $1,000,000.00 and $2,000,000.00, the
Contractor shall be required to hold one job fair within the local community.
2. For contracts with a bid amount greater than $2,000,000.00, the Contractor shall be
required to hold two job fairs within the local community.
V. Bid and response documents to which a local workforce participation requirement goal has
been applied shall require the Contractor to develop and submit to the City, within thirty (30)
days of notification of award of the construction contract, a workforce plan (plan) outlining how
the goal will be met, and containing the following information and elements required by this
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section. The Contractor shall provide to the City, proof of adherence to the City's Local
Workforce Participation Requirements within the past three (3) years, and the Contractors
past compliance with these requirements. The Contractor's response must include:
1. Contract number, name, and a brief description of work;
2. Total dollar value of the contract;
3. Dates covering the term of the contract;
4. Percentage of Local Work Participation Requirements met by the Contractor;
5. Breakdown of local workforce used to meet requirements (number of persons broken
down by trade and category);
6. If the Contractor was unable to meet the local workforce participation requirements,
explain the reason why, and what efforts, if any, were utilized by the Contractor to attempt
to meet these requirements;
7. If the project was over one million dollars ($1,000,000) did the Contractor hold a job fair,
if yes, provide the date and location of the job fair(s), number of attendees;
8. Was a third party hired to verify and certify compliance with the local work force
requirements, if yes, were all requirements met, what was the third party's name and
provide their current contact information;
9. Was the five percent (5%) retainage fee released to the Contractor by the City upon project
completion; and
10. If the Contractor did not meet the goal, did you seek a waiver of the program requirements
from any City official, and provide a detailed explanation.
The plan shall identify by name, address, and trade category of all persons proposed to
perform work under the Contract currently on the contractor's payroll, or positions to be hired
by the Contractor, who reside within Miami -Dade County. An updated plan shall be
submitted to the City's project manager on a monthly basis, and in the event that during
the Contract period a new hire or a person identified in the plan as meeting the local workforce
participation requirement goal is replaced, the City may require the Contractor to immediately
identify the replacement.
VI. The respondent shall have a third party independently verify and certify compliance with these
requirements on a quarterly basis. Said third party shall be unaffiliated with the respondent,
and be properly licensed under the provisions of Florida Statute Chapter 454, 471, 473, or
481. The firm 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
and certification shall be included in the related Contract costs.
These local workforce participation requirements shall apply to any competitively procured
Contract under this section unless:
1. The City Manager or designee deems the requirements unfeasible prior to issuance of the
ITB document;
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2. It is disallowed by federal or state law or grant requirements;
3. Funding sources require alternate, contradictory or specifically exclude or disallow local
workforce participation requirements;
4. These requirements are waived by the City Commission by resolution, prior to issuance
of the ITB document, upon written recommendation of the City Manager or City Manager's
designee.
Respondents should reference to Section 1•8-89(f) of the City of Miami Procurement Code for
further clarification. This language is only a summary of the key provisions of the Local workforce
participation requirements. Please review City of Miami Ordinance No. 12271, § 2, 8-22-02; Ord.
No. 12654, § 2, 2-10-05; Ord. No. 12780, § 2, 3-9-06; Ord. No. 13275, § 2, 7-14-11; Ord. No.
13331, § 2, 7-26-12; Ord. No. 13332, § 2, 7-26-12; Ord. No. 13493, § 2, 1-22-15 for a complete
and thorough description of the Local workforce participation requirements. You may contact the
City Clerk at (305) 250-5360, to obtain a copy of the same.
18. Intentionally Omitted
19. Cone of Silence
Pursuant to Section 18-74 of the City of Miami Procurement Code, a codification of Miami
Ordinance No. 12271, a "Cone of Silence" is imposed upon this ITB after advertisement and
terminates at the time the City Manager issues a written recommendation to the Miami City
Commission. The Cone of Silence prohibits any verbal communications regarding this ITB.
Any communication concerning this ITB must be submitted in writing to Procurement at
schaney(a,miamigov.com. Bidders must also file a copy of such written communications with the
Office of the City Clerk. Written communications may be in the form of e-mail, with a copy to the
Office of the City Clerk at rcastilloc miamigov.com.
This language is only an overview of the requirements of the Cone of Silence. Please review
Section 18-74 of the City of Miami Procurement Code for a complete and thorough description of
the Cone of Silence. You may also contact the City Clerk at (305) 250-5360, to obtain a copy.
20. Public Entity Crime
A person or affiliate who has been placed on the convicted Bidder list following a conviction for a
public entity crime may not submit a proposal on a contract to provide any goods or services to a
public entity, may not submit a Response on a contract with a public entity for the construction or
repair of a public building or public works project, may not submit a response on a lease of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or Consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017 of
Florida Statutes for Category Two for a period of thirty-six (36) months from the date of being
placed on the convicted Bidder list.
21. Fraud and Misrepresentation
Any individual, corporation or other entity that attempts to meet its contractual obligations with the
City through fraud, misrepresentation or material misstatement, or omission of any material fact,
may be debarred for up to five (5) years in accordance with the applicable provisions of the City
Code. The City as a further sanction may terminate or cancel any other contracts with such
individual, corporation or entity. Such individual or entity shall be responsible for all direct or
indirect costs associated with termination or cancellation.
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22. Collusion
Where two (2) or more related parties, as defined herein, each submit a response to an ITB such
submissions shall be presumed to be collusive. The foregoing presumption may be rebutted by
the presentation of evidence as to the extent of ownership, control and management of such
related parties in preparation and submission under such ITB. Related parties shall mean
employees, officers, owners 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 Bidder have
a direct or indirect ownership interest in another Bidder for the same project(s). ITB responses
found to be collusive shall be rejected. Owners shall means those persons who own 5% or more
of an interest in related parties.
23. Contractor in Arrears or Default
The Bidder represents and warrants that the Bidder is not in arrears to the City and is not a
defaulter as a surety or otherwise upon any obligation to the City. In addition, the Bidder warrants
that the Bidder 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 Bidder's responsibility or qualification to receive
public agreements. The Bidder considers this warrant as stated in this Article to be a continual
obligation and shall inform the City of any change during the term of the Contract.
The City shall not consider and deem as non -responsible Bids submitted by Bidders where the
City has determined that the Bidder is in monetary arrears or otherwise in debt or in default to the
City at the time and date Bids are due.
24. Cancellation of ITB
The City reserves the right to cancel, in whole or in part, any ITB 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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Section 2 - General Terms and Conditions
1, Definitions
Basis of Design means a specific manufacturer's product that is named; including the make or
model number or other designation, establishing the significant qualities related to type, function,
dimension, in-service performance, physical properties, appearance, and other characteristics for
purposes of evaluating comparable products of other manufacturers.
Bid means the response submitted by a bidder to this solicitation, which includes the price,
authorized signature and all other information or documentation required at by the Contract
Documents at the time of submittal.
Bidder means any individual, firm, incorporated or unincorporated business entity, or corporation
tendering a Submittal, acting directly or through a duly authorized representative.
Change Order means a written document ordering a change in the Contract Price or Contract
Time or a material change in the Work. A change order must comply with the Contract
Documents.
City means the City of Miami, Florida, a Florida municipal corporation. In all respects hereunder,
City's performance is pursuant to the City's capacity as Owner. In the event the City exercises
its regulatory authority as a governmental body, the exercise of such regulatory authority and the
enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have
occurred pursuant to City's authority as a governmental body and shall not be attributable in any
manner to the City as a party to this Contract. For the purposes of this Contract, "City" without
modification shall mean the City Manager or Director, as applicable.
City Commission means the legislative body of the City of Miami.
City Manager means the duly appointed chief administrative officer of the City of Miami.
Community Small Business Enterprise ("CSBE") means a construction related enterprise,
including a design -build firm, and any firm providing trades and/or services for the completion of
a construction project, as defined in Section 10-33.02 of the Code of Miami -Dade County. CSBE
is additionally referenced in Section 18-89 of the City Code and in these Contract Documents.
Consultant means a firm that has entered into a separate agreement with the City for the
provision of design/engineering services for a Project; and if applicable, means the Architect or
Engineer of Record contracted by the City to prepare the plans and specifications for the Projects.
Consultant may also be referred to as Architect or Engineer of Record.
Contract means the Invitation to Bid (ITB) solicitation and the Bid documents that have been
executed by the Bidder and the City subsequent to approval of award by the City
Contractor means the person, firm, or corporation with whom the City has contracted and who
will be responsible for the acceptable performance of any Work and for the payment of all legal
debts pertaining to any Work issued under this contract through the award of an ITB.
Contract Documents means the Contract as may be amended from time to time, the plans and
drawing, all addendum, clarifications, directives, change orders, payments and other such
documents issued under or relating to the Project(s).
Construction Change Directive means a written directive to effect changes to the Work, issued
by the Consultant or the Director that may affect the ITB Contract price or
Construction Schedule means a critical path schedule or other construction schedule, as
defined and required by the Contract Documents.
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
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repair, replace, correct, or remedy all material, equipment, or other elements of the Work or the
Contract Documents affected by such breach, or to otherwise make good and eliminate such
breach, including, without limitation, repairing, replacing or correcting any portion of the Work or
the Project(s) site(s) disturbed in performing such cure.
Cure Period means the period of time in which the Contractor is required to remedy deficiencies
in the Work or compliance with the Contract Documents after receipt of written notice to Cure
from the City identifying the deficiencies and the time to Cure.
Design Documents means the construction plans and specifications included as part of a
Bid/Proposal Solicitation prepared by the consultant for this Project(s) under a separate
Agreement with the City.
Director means the Director of the Department of Capital Improvements and Transportation
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 should not involve additional cost.
Final Completion means the date subsequent to the date of Substantial Completion at which
time the Construction Manager has completed all the Work in accordance with the Agreement as
certified by the architect or engineer of record or the City and submitted all documentation required
by the Contract Documents.
Guaranteed Maximum Cost means the sum established by these Contract Documents as the
maximum cost to the City of performing the specified Work on the basis of the cost of labor and
materials plus overhead expenses and profit.
Inspector means an authorized representative of the City assigned to make necessary
inspections of materials furnished by Contractor and of the Work performed by Contractor.
Local Workforce Participation Requirements shall mean the requirements set forth in § 18-89
of the City Code that (unless determined inapplicable or exempted by the City Manager pursuant
to this Code Section) the Respondent Contractor will employ on -site labor from persons who
reside within Miami -Dade County.
Materials mean goods or equipment incorporated in a Project(s), or used or consumed in the
performance of the Work.
Notice of Award means the written letter to the Contractor notifying the Contractor that they have
been awarded the Contract.
Notice To Proceed means a written letter or directive issued by the Director or designee
acknowledging that all conditions precedent have been met and directing that the Contractor may
begin Work on the Project(s).
Plans and/or Drawings means the official graphic representations of a Project(s).
Project Or Work as used herein refers to all reasonably necessary and inferable construction
and services required by the Contract Documents whether completed or partially completed and
includes all other labor, materials, equipment and services provided or to be provided by the
Contractor to fulfill the(its) obligations, including completion of the construction in accordance with
the Drawings and Specifications. The Work may constitute the whole or a part of the Project(s).
Project Manager means the individual assigned by CITP to manage the Project(s).
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Request For Information (RFI) means a request from the Bidder 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 Bidder's interpretation or understanding
of the document(s) in question, along with the reason for such understanding.
Risk Administrator means the City's Risk Management Administrator, or designee, or the
individual named by the City Manager to administer matters relating to insurance and risk of loss
for the City.
Subcontractor means a person, firm or corporation having a direct contract with Contractor
including one who furnishes material worked to a special design according to the Contract
Documents, but does not include one who merely furnishes Materials not so worked.
Submittal means documents prepared and submitted by the Bidder to pre -qualify under this
solicitation.
Substantial Completion means that point at which the Work is at a level of completion in
substantial compliance with the Agreement such that the City can use, occupy and/or operate the
facility in all respects to its intended purpose. Substantial Compliance shall not be deemed to
have occurred until any and all governmental entities, which regulate or have jurisdiction over the
Work, have inspected, and approved the Work. Beneficial use or occupancy shall not be the sole
determining factor in determining whether Substantial Completion has been achieved, unless a
temporary certificate of occupancy has been issued.
Work means the completed construction required by the Contract Documents, including all
labor necessary to produce such construction and all materials, supplies, and equipment
incorporated or to be incorporated in such construction.
2. Time is of the Essence
Contractor will promptly perform its duties under the Contract and will give the Work as much
priority as is necessary to cause the Work to be completed on a timely basis in accordance with
the Contract Documents. All Work shall be performed strictly (not substantially) within the time
limitations necessary to maintain the critical path and all deadlines established in the Contract
Documents.
All dates and periods of time set forth in the Contract Documents, including those for the
commencement, prosecution, interim milestones, milestones, and completion of the Work, and
for the delivery and installation of materials and equipment, were included because of their
importance to the City,
Contractor acknowledges and recognizes that the City is entitled to full and beneficial occupancy
and use of the completed Work following expiration of the Contract Time.
In agreeing to bear the risk of delays for completion of the Work except for extensions approved
in accordance with Article 71, Excusable Delays, the Contractor understands that, except and
only to the extent provided otherwise in the Contract Documents, the occurrence of events of
delay within the Contractor's control, the Work shall not excuse the Contractor from its obligation
to achieve full completion of the Work within the Contract Documents Time, and shall not entitle
the Contractor to an adjustment. All parties under the control or contract with the Contractor shall
include but are not limited to material persons and laborers.
The Contractor acknowledges that the City is purchasing the right to have the Contractor
continuously working at the Project(s) site(s) for the full duration of the Project to ensure the timely
completion of the Work.
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3. Contract Term
The Contract shall commence upon issuance of the Notice of Proceed, which shall be issued
the Director subsequent to the execution of the Contract by the City. The Contract shall terminate
upon notice by the City that the Contract has been closed -out after final completion or otherwise
terminated by the City pursuant to the terms and conditions herein set forth. The total bid amount
shall be the Guaranteed Maximum Cost ("GMC") of the Project which means the maximum cost
of the work including labor, materials, equipment, overhead expenses and profit. The City will not
be liable for payment of any amount(q) in excess of the GMC (unless, the City Commission has
approved a project contingency or has approved a prior amendment to the Contract, setting forth
an additional amount due to Owner requested changes or its equivalent. If the term Guaranteed
Maximum Price ("GMP") is used in this Agreement, it shall have the same definition as GMC,
defined above.
4. Notices
Whenever either party desires to give Written Notice unto the other relating to the Contract, such
must be addressed to the party for whom it is intended at the place last specified; and the place
for giving of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this Article. Notice shall be deemed given on the date received
or within three (3) days of mailing, if mailed through the United States Postal Service. Notice shall
be deemed given on the date sent via e-mail or facsimile. Notice shall be deemed given via
courier/delivery service upon the initial delivery date by the courier/delivery service. For the
present, the parties designate the following as the respective places for giving of notice:
For City of Miami:
Jeovanny Rodriguez, P.E.
Director
Capital Improvements and Transportation Program
City of Miami
444 S.W. 2nd Avenue, - 8th Floor
Miami, Florida 33130
Annie Perez, CPPO
Director
Procurement Department
City of Miami
444 S.W. 2nd Avenue, - 6th Floor
Miami, Florida 33130
Hector Badia,
Assistant Director
Capital Improvements and Transportation Program
City of Miami
444 S.W. 2nd Avenue, - 8th Floor
Miami, Florida 33130
For Contractor:
Gabino Cuevas - -
Chief Executive Officer
Cherokee Enterprises, Inc.
14474 Commerce Way
Miami Lakes, FL 33016
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During the Work the Contractor shall maintain continuing communications with Consultant and
the Project Manager. The Contractor shall keep the City fully informed as to the progress of the
Project(s) at all times through ongoing communications with the Project Manager.
The Contractor shall notify the Miami Police Department and Fire Department about the
construction schedule(s). The Contractor is required to obtain a current list of contact persons
and phone numbers from the City of Miami's Project Manager prior to Construction. The City's
Project Manager for this Project is Harry James and he can be reached at
hiames(cr�,miamigov.com or (305) 416 —1026.
The Contractor must notify residents living within five hundred 1500) feet of the project in writing
as least one week in advance prior to commencing work in the general area.
5. Priority of Provisions
All work shall be constructed in accordance with the latest edition of the City of Miami's Contract
Documents and Specifications. The City of Miami's Standards for design and construction as well
as the Miami Dade County's Standards Details, and the 2007 2016 Edition of the Florida
Department of Transportation Specifications Road and Bridge Construction.
If there is a conflict or inconsistency between any term, statement requirement, or provision of
any exhibit attached hereto, any document or events referred to herein, or any document
incorporated into the Contract Documents by reference and a term, statement, requirement, the
specifications and plans prepared by the Consultant, or provision of the Contract Documents the
following order of precedence shall apply:
In the event of conflicts in the Contract Documents the priorities stated below shall govern:
• Amendments to the Contract shall govern over the Contract;
• The Contract Documents shall govern over the Contract; and
• Addenda to an ITB shall govern over the 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; and
• 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, defend (at its own cost and ex ense and hold harmless City, its
officers, agents, directors, and employees, from liabilities, damages, losses, judgments, and
costs, including, but not limited to reasonable attorney's fees, to the extent caused by the
negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of
Contractor and persons employed or utilized by Contractor in the performance of this Contract.
Contractor shall, further, hold the City, its officials and employees, harmless for, and defend the
City, its officials and/or employees against, any civil actions, statutory or similar claims, injuries or
damages arising or resulting from the permitted work, even if it is alleged that the City, its officials
and/or employees were negligent. These indemnifications shall survive the cancellation and the
term of this Contract. In the event that any action or proceeding is brought against City by reason
of any such claim or demand, Contractor shall, upon written notice from City, resist and defend
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such action or proceeding by counsel satisfactory to City. The Contractor expressly understands
and agrees that any insurance protection required by this Contract or otherwise provided by
Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and
defend the City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend, at its own expense, to
and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at
City's option, any and all claims of liability and all suits and actions of every name and description
which may be brought against City whether performed by Contractor, or persons employed or
utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be
interpreted under the laws of the State of Florida, including without limitation and interpretation,
which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes as applicable.
Contractor shall require all Subcontractor agreements to include a provision that they will
indemnify the City.
The Contractor agrees and recognizes that the City shall not be held liable or responsible for any
claims which may result from any actions or omissions of the Contractor in which the City
participated either through review or concurrence of the Contractor's actions. In reviewing,
approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City
in no way assumes or shares any responsibility or liability of the Contractor or Subcontractor,
under this Agreement.
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent
consideration for the granting of this Indemnification, the receipt and sufficiency of which is
acknowledged by the Contractor.
7 Insurance
Without limiting any of the other obligations or liabilities of Contractor, Contractor shall provide,
pay for, and maintain in force until all of its Work to be performed under this Contract has been
completed and accepted by City (or for such duration as is otherwise specified hereinafter), the
insurance coverage's set forth herein.
7®1. Workers' Compensation insurance to apply for all employees in compliance with
the Statutory "Workers' Compensation Law" of the State of Florida and all
applicable federal laws. In addition, the policy(ies) must include:
• Waiver of subrogation
■ Statutory State of Florida
■ Limits of Liability
7.2. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars
each bodily injury caused by an accident, each accident. One Million Dollars
($1,000,000.00) Dollars each bodily injury caused by disease, each employee.
One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by disease,
policy limit.
7.3. Commercial General Liability (Primary & Non Contributory).
(CG 2010 11/85)
(CGL) with minimum limits of One Million Dollars (-1,000,000.00) per occurrence,
combined single limit for Bodily Injury Liability and Property Damage Liability, with
a general aggregate limit of Two Million Dollars ($2,000,000.00). Coverage must
be afforded on a primary and non-contributory basis and with a coverage form no
more restrictive than the latest edition of the Comprehensive General Liability
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policy, without restrictive endorsements, as filed by the Insurance Services Office,
and must include:
■ Products and/or Completed Operations for contracts with an Aggregate
Limit of One Million Dollars ($1,000,000.00) per project. Contractor shall
maintain in force until at least three years after completion of all Work
required under the Contract, coverage for Products and Completed
Operations, including Broad Form Property Damage.
■ Personal and Advertising Injury with an aggregate limit of One Million
Dollars ($1,000,000.00).
■ CGL Required Endorsements
o Contingent Liability/Independent Contractors Coverage
o Contractual Liability
o Premises and/or Operations Liability
o Explosion, Collapse and Underground Hazard
o Primary Insurance Clause
City is to be expressly included as an Additional Insured pursuant to
endorsement number CG 2010 11/85 or its equivalence.
7_4. Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office, and must
include any Auto, including Owned, Hired, Borrowed or Non -Owned Autos, and
Scheduled.
7.55. Umbrella Policy (Excess Following Form/True Excess
Following Form/True Umbrella)
■ Bodily injury and property damage liability with limits of Three Million
Dollars ($3,000,000.00) per occurrence, Three Million Dollars ($3,
000,000.00) Aggregate.
Excess follow form over all applicable liability policies contained herein.
City shall be listed as an additional insured.
7.6. Installation Floater
Causes of Loss: All Risk
Valuation: Replacement Cost
7.7. Owners & Contractor's Protective
Each Occurrence
General Aggregate
$1,000,000.00
$1,000,000.00
City shall be listed as an additional insured.
7.8. Professional\Pollution Liability
Each Occurrence $3,000,000.00
Policy Aggregate $3,000,000.00
Retro Date Coverage Included
City shall be listed as an additional insured.
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The above policies shall provide the City of Miami with written notice of cancellation or material
change from the insurer not Tess than thirty (30) days prior to any such cancellation or material
change. If the initial insurance expires prior to the completion of the Work, renewal copies of
policies shall be furnished at least thirty (30) days prior to the date of their expiration.
Notice of Cancellation and/or Restriction --The policy(ies) must be endorsed to provide City with
at least thirty (30) days' notice of cancellation and/or restriction.
Contractor shall furnish to the Capital Improvement Program the Certificates of Insurance or
endorsements evidencing the insurance coverage specified above within fifteen (15) calendar
days after notification of award of the Contract, The required Certificates of Insurance shall name
the types of policies provided, refer specifically to this Contract, and state that such insurance is
as required by this Contract.
The official title of the Owner is the City of Miami, Florida. This official title shall be used in all
insurance documentation. The City of Miami shall be listed as an additional insured where
applicable.
Companies authorized to do business in the State of Florida, with the following qualifications, shall
issue all insurance policies required above:.
The company must be rated no less than "A-" as to management, and no less than "Class V" as
to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are
subject to review and verification by Risk Management prior to insurance approval.
The Risk Administrator or his/her authorized designee reserves the right to require modifications,
increases, or changes in the required insurance requirements, coverage, deductibles or other
insurance obligations by providing a thirty (30) day written notice to the Contractor in accordance
with Section 2, General Conditions, Article 4, Notices. Contractor shall comply with such requests
unless the insurance coverage is not then readily available in the national market. An additive or
deductive change order will be issued to adjust the contract value as necessary. For insurance
bonding issues and decisions, the City shall act through its Risk Administrator (unless otherwise
stated).
8. - : nce and Payment and Performance Bond
Where required by the Contract Documents or by Florida Statutes, the Contractor shall within
fifteen (15) calendar days of being notified of award, furnish a Performance/Payment Bond
("Bond") containing all the provisions of the attached Performance/Payment forms.
Each Bond shall be in the amount of one hundred percent (100%) of the Contract value
guaranteeing to City the completion and performance of the Work covered in the Contract
Documents as well as full payment of all suppliers, laborers, or subcontractors employed pursuant
to this Project(s). Each Bond shall be with a Surety, which is qualified pursuant to Article 9,
Qualification of Surety,
Each Bond shall continue in effect for one year after Final Completion and acceptance of the
Work with liability equal to one hundred percent (100%) of the Contract value, or an additional
bond shall be conditioned that Contractor will, upon notification by City, correct any defective or
faulty work or materials which appear within one year after Final Completion of the Project(s).
The City must -be listed asanObligee:
Pursuant to the requirements of Section 255.05(1), Florida Statutes, as amended from time to
time, Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public
records and provide City with evidence of such recording.
Alternate Form of Security:
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In lieu of a Performance/Payment/ Performance 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.
9e Qualification of Surety
Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000):
Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial
Size Category of (VII). The surety company must be of recognized standing, authorized to do
business in the State of Florida as surety, having a resident agent in the State of Florida and
having been in business with a record of successful continuous operation for at least five (5)
years.
The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in
accordance with United States Department of Treasury Circular 570, Current Revisions. If the
amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify,
the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the
excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with
Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111).
Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk has
been protected in an acceptable manner
10. General Requirements
The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not
an employee(s) or agent(s) of the City or any of its departments.
The Contractor agrees that the Contractor will at all times employ, maintain and assign to the
performance of a Project a sufficient number of competent and qualified professionals and other
personnel to meet the requirements of the Work to be performed.
The Contractor agrees to adjust staffing levels or to replace any staff if so requested by the Project
Manager, should the Project Manager make a determination that said staffing is unacceptable or
that any individual is not performing in a manner consistent with the requirements for such a
position.
The Contractor represents that its staff have the proper skills, training, background, knowledge,
experience, rights, authorizations, integrity, character and licenses as necessary to perform the
Work, in a competent and professional manner.
The Contractor shall provide temporary facilities and controls necessary to perform the Work and
to ensure safe and proper access and use of the site by the Project Manager and the Consultant.
Any such specific requirements will be included in the Technical Specification portion of the ITB.
The Contractor shall at all times cooperate with the City, or the Consultant and coordinate its
respective Work efforts to most effectively and efficiently progress the performance of the Work.
The City,- the Consultant and otheragenciesauthorized-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,
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Contractor shall bear all losses resulting to it on account of the amount or character of the Work,
or the character of the ground, being different from what he anticipated.
The Contractor shall at all times conduct the Work in such manner and in such sequence as will
ensure the least practicable local interference. Contractor shall not open up Work to the prejudice
of Work already started, and the Project Manager may require the Contractor to finish a section
on which Work is in progress before Work is started on any additional section.
Contractor is to take necessary precautions and use caution when working in or around overhead
transmission lines and underground utilities.
The apparent silence of the Contract Documents as to any detail, or the apparent omission from
them of a detailed description concerning any Work to be done and materials to be furnished,
shall be regarded as meaning that only best practices are to prevail and only materials and
workmanship of the best quality are to be used in the performance of the Work.
11. Method of Performing the Work
If the Project Manager or Consultant reasonably determines the rate of progress of the Work is
not such as to ensure its completion within the designated completion time, or if, in the opinion of
the Project Manager or Consultant, the Contractor is not proceeding with the Work diligently or
expeditiously or is not performing all or any part of the Work according to the Project schedule
accepted by or determined by the Project Manager or Consultant, the Project Manager or the
Consultant shall have the right to order the Contractor to do either or both of the following; (1)
improve its work force; and/or (2) improve its performance in accordance with the schedule to
ensure completion of the Project(s) within the specified time. The Contractor shall immediately
comply with such orders at no additional cost to the City. The City at its sole option may also have
Work performed by a third party contractor and deduct such cost from any monies due the
Contractor.
Where materials are transported in the performance of the Work, vehicles shall not be loaded
beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State or
local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall
be provided by the Contractor and any damaged curbing, grass areas, sidewalks or other areas
shall be repaired at the expense of the Contractor to the satisfaction of the Project Manager or
Consultant.
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 interruptionorobstruction_ must_ be_ given in writing to the Project
Manager or Consultant twenty-four ,(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.
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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 shall should examine the soil conditions at the Project site to determine if any special
shoring, sheeting, or other procedures are necessary to protect adjacent property during
excavation of subsoil materials or during filling of any area(s), or for any operation during the
performance of the Work.
Any failure by the Contractor to acquaint itself with all the provided information and information
obtained by visiting the Project(s) site(s) will not relieve Contractor from responsibility for properly
estimating the difficulty or cost thereof under the Contract Documents. In the event that the actual
subsurface conditions vary from the actual City provided reports the Contractor shall notify the
City and this Contract Documents amount may be adjusted up or down depending on the
conditions.
14. Contractor to Check Plans, Specifications and Data
Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or
other data received from Project Manager or Consultant as part of a Contract Documents, and
shall notify the Project Manager and the Consultant of all errors, omissions and discrepancies
found therein within three (3) calendar days of discovery. Contractor will not be allowed to take
advantage of any error, omission or discrepancy, as full instructions will be furnished by the
Project Manager or by Consultant. Contractor shall not be liable for damages resulting from errors,
omissions or discrepancies in the Contract Documents unless Contractor recognized such error,
omission or discrepancy and knowingly failed to report it to Project Manager or Consultant.
15. Contractor's Responsibility for Damages and Accidents
Contractor shall accept full responsibility for Work against all losses or damages of whatever
nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no
additional cost to the City, 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.Wheresod is -to -be -removed, -it shall -
be carefully removed, and the same re soded 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 of a condition as before the
starting of the work.
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Where fencing, walls, shrubbery, grass strips or area must be removed or destroyed incident to
the construction operation, the Contractor shall, after completion of the work, replace or restore
to the original condition all such destroyed or damaged landscaping and improvements.
16. Accidents
The Contractor shall provide such equipment and facilities as are necessary or required, in the
case of accidents, for first aid service to person who may be injured during the Project(s) duration.
The Contractor shall also comply with the OSHA requirements as defined in the United States
Labor Code 29 CFR 1926.50.
In addition, the Contractor must report immediately to the Project Manager and Consultant every
accident to persons or damage to property, and shall furnish in writing full information, including
testimony of witnesses regarding any and all accidents.
17. Safety Precautions
Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage, injury
or loss to:
• All employees on the Project(s) site(s) and other persons who may be affected thereby;
• All the Work and all materials or equipment to be incorporated therein, whether in storage
on or off the Project(s) site(s); and
• Other property at the Project(s) Site(s) or adjacent thereto, including trees, shrubs, lawns,
walks, pavements, roadways, structures and utilities not designated for removal,
relocation or replacement in the course of construction.
Contractor shall designate a responsible member of its organization at the Project(s) site(s) whose
duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless
otherwise designated in writing by Contractor to Project Manager.
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 performedusingadequate
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
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those required to use it, as well as those in the vicinity. All riggings, scaffolding, platforms,
equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA
approved, as applicable, and in accordance with all federal state and local regulations.
All open trenches or holes shall be properly marked and barricaded to assure the safety of both
vehicular and pedestrian traffic. No open trenches or holes are to be left open during nighttime
or non -working hours without the prior written approval of the Project Manager.
If an emergency condition should develop during a Project, the Contractor must immediately notify
the Project Manager and Consultant of each and every occurrence. The Contractor should also
recommend any appropriate course(s) of action to the Project Manager and the Consultant.
18. Occupational Health and Safety
In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03
of the Florida Administrative Code delivered as a result of a Project must be accompanied by a
Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS
must include the following information:
• The chemical name and the common name of the substance.
• The hazards or other risks in the use of the substance, including:
o The potential for fire, explosion, corrosion, and reaction;
o The known acute and chronic health effects of risks from exposure, including the
medical conditions which are generally recognized as being aggravated by exposure
to the substance; and
o The primary routes of entry and symptoms of overexposure.
• The proper precautions, handling practices, necessary personal protective equipment,
and other safety precautions in the use of or exposure to the substances, including
appropriate emergency treatment in case of overexposure.
• The emergency procedure for spills, fire, disposal, and first aid.
• A description in lay terms of the known specific potential health risks posed by the
substance intended to alert any person reading this information.
• 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, Laws, and Licenses
The Contractor shall comply with all laws, rules, regulations, permits, licenses, public agency
consents and approvals relative to the provision of services , equipment, supplies and/or materials
specified in the Contract Documents, including without limitation those imposed by the federal,
state, county or city agencies having jurisdiction over the matter. The Contractor, its agents,
subcontractors and representatives shall be familiar with and comply with all federal, state and
local laws, rules, regulations and approvals that may affect the Work, goods and/or services
offered.
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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 a City's representative has been contracted with, for the management of the Work under
the Contract Documents and who will be the lead point of contact, the Consultant or the Project
Manager. Where a Consultant has been identified, the Consultant and the Project Manager will
have authority to act on behalf of the City to the extent provided in the Contract Documents and
as outlined in Article 22, Authority of the Project Manager, of the General Terms and Conditions.
On the basis of the on -site observations, the Consultant will keep the Project Manager informed
of the progress of the Work. In the capacity of interpreter, the Consultant will exercise the best
efforts to ensure faithful performance by both the Project Manager and the Contractor and will not
show partiality to either.
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 terminated
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 replaced except
with the written consent of Project Manager or Consultant, unless the superintendent proves to
be unsatisfactory to Contractor and ceases to be in Contractor's 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 Contractor's
best skills 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 of 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 the Contractor's duty to immediately inform Project Manager and
Consultant, in writing, and Project Manager or Consultant, will promptly review the same. Any
Work done after such discovery, until authorized, will be done at Contractor's sole risk.
Contractor shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work
in accordance with the Contract Documents. Contractor shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction.
All Work, including trade Work shall be performed and supervised by persons properly licensed
for the Work being performed.
24. Authority of the Project Manager
The Director hereby authorizes the Project Manager or the Consultant designated in the Contract
Documents to determine, all questions of any nature whatsoever arising out of, under or in
connection with, or in any way relating to or on account of the Work, and questions as to the
interpretation of the Work to be performed under this Contract Documents.
The Contractor shall be bound by all determinations or orders of the Project Manager and/or
Consultant and shall promptly respond to requests of the Project Manager and/or Consultant,
including the withdrawal or modification of any previous order, and regardless of whether the
Contractor agrees with the Project Manager's and/or Consultant's determination or requests.
Where requests are made orally, the Project Manager and/or Consultant will follow up in writing,
as soon thereafter as is practicable.
The Project Manager and/or Consultant shall have authority to act on behalf of the City to the
extent provided by the Contract, unless otherwise modified in writing by the City. All instructions
to the Contractor shall be issued in writing, and shall be issued. All instructions to the Contractor
shall be issued through the Director, Project Manager or the Consultant.
The Project Manager and Consultant shall have access to the Project(s) Site(s) at all times. The
Contractor shall provide safe facilities for such access so the Project Manager and Consultant
may perform their functions under the Contract. The Project Manager and Consultant will make
periodic visits to the Work Site -to -become generally familiar with the progress and quality of the
Work, and to determine if the Work is proceeding in accordance with the Contract Documents.
The Project Manager and Consultant will not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection with
the Work, and will not be responsible for the Contractor's failure to carry out the Work in
accordance with the Contract Documents.
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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.
25. Inspection of Work
Consultant, Inspectors, and City shall at all times have access to the Work during normal work
hours, and Contractor shall provide proper facilities for such access and for inspecting, measuring
and testing.
Should the Contract Documents, Consultant/Inspector Project Manager's instructions, any laws,
ordinances, or any public authority require any of the Work to be specially tested or approved,
Contractor shall give Project Manager and Consultant timely notice of readiness of the Work for
testing. If the testing or approval is to be made by an authority other than City, timely notice shall
be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable,
at the source of supply. If any of the Work should be covered up without approval or consent of
Project Manager or Consultant, it must, if required by the Project Manager or Consultant, be
uncovered for examination and properly restored at Contractor's expense.
Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections
and approvals with the City's testing laboratory or entity. The Contractor shall give the City and
the Consultant timely notice of when and where tests and inspections are to be made so that the
City or Consultant may be present for such procedures.
Re-examination of any of the Work may be ordered by the Project Manager or Consultant, and if
so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance
with the Contract Documents, City shall pay the cost of reexamination and replacement by means
of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor
shall pay such cost.
The Contractor shall bear the cost of correcting destroyed or damaged construction, whether
completed or partially completed, of the City or separate contractors caused by the Contractor's
correction or removal of Work which is not in accordance with the requirements of the Contract
Documents.
Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of
the Contract Documents, or to delay the Work by failure to inspect the materials and Work with
reasonable promptness, without the written permission or instruction of Project Manager or
Consultants.
The payment of any compensation, whatever may be its character or form, or the giving of any
gratuity or the granting of any favor by the Contractor to any Inspector, directly or indirectly, is
strictly prohibited, and any such act on the part of the Contractor will constitute a breach of this
Contract.
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26. Taxes
Contractor shall pay all applicable sales, consumer, use and any other taxes required by law, rule
or regulation. Contractor is responsible for reviewing the pertinent state statutes involving state
taxes and complying with all requirements.
27. Separate Contracts
Prior to the commencement of the Work, the Project Manager or the Consultant will notify the
Contractor of all ongoing projects or projects scheduled to commence during the Work that may
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 Work1 however, the sole responsibility for coordination
rests with the Contractor.
If any part of Contractor's Work depends for proper execution or results upon the work of any
other persons, Contractor shall inspect and promptly report to Project Manager and Consultant
any defects in such work that render it unsuitable for such proper execution and results.
Contractor's failure to so inspect and report shall constitute an acceptance of the other person's
work as fit and proper for the reception of Contractor's Work, except as to defects which may
develop in other contractor's work after the execution of Contractor's Work. Contractor shall
conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so
as to create no interference or impact on any other contractor on the site. Should such interference
or impact occur, Contractor shall be liable to the affected contractor for the cost of such
interference or impact.
To ensure the proper execution of subsequent Work, Contractor shall inspect the Work already
in place and shall at once report to Project Manager and Consultant any discrepancy between
the executed Work and the requirements of the Contract Documents.
28. Lands of Work
City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work
is to be performed, rights -of -way and easements for access thereto and such other lands as are
designated by City for the use of Contractor.
Contractor shall provide, at Contractor's own expense and without liability to City, any additional
land and access thereto that may be required for temporary construction facilities, or for storage
of materials. Contractor shall furnish to City copies of written permission obtained by Contractor
from the owners of such facilities.
29. Coordination of Work
The Project Site(s) may be occupied and may operate as specified in Section 3 — Supplemental
Terms and Conditions, paragraph 1. Contract Time and Hours. Contractor shall ensure that the
performance of the Work does not impact any ongoing operations at Project(s) site(s), which also
includes the delivery of any materials and equipment. Access to and egress from the Project
Site(s) shall be coordinated with the Project Manager and the Consultant to minimize interference
to regular and emergency operations of the facility.
Contractor may be required to coordinate the Work with other contractors performing work at the
Project(s) site.
30. Differing Site Conditions
In the event that during the course of the Work Contractor encounters subsurface or concealed
conditions at the Project(s) site(s) which differ materially from those shown in the Contract
Documents and from those ordinarily encountered and generally recognized as inherent in work
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of the character called for in the Contract Documents; or unknown physical conditions of the
Project(s) site(s), of an unusual nature, which differ materially from that ordinarily encountered
and generally recognized as inherent in work of the character called for in the Contract
Documents, Contractor, without disturbing the conditions and before performing any Work
affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify the
Project Manager and Consultant in writing of the existence of the aforesaid conditions. Project
Manager and the Consultant shall, within two (2) business days after receipt of Contractor's
written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of
Project Manager or the Consultant, the conditions do materially so differ and cause an increase
or decrease in Contractor's cost of, or the time required for, the performance of any part of the
Work, whether or not charged as a result of the conditions, Project Manager or Consultant shall
recommend an equitable adjustment to the Contract Documents Price or Contract Documents
Time, or both. If the Project Manager and Contractor cannot agree on an adjustment in the
Contract Price or Contract Time, the adjustment shall be referred to the Director for determination.
Should the Director determine that the conditions of the Project(s) site(s) are not so materially
different to justify a change in the terms of the Contract Documents, the Director shall so notify
the Project Manager, Consultant, and Contractor in writing, stating the reasons, and such
determination shall be final and binding upon the parties hereto.
No request by Contractor for an equitable adjustment to the Contract Documents under this
provision shall be allowed unless Contractor has given written notice and otherwise fully
documented altering site conditions in strict accordance with the provisions of this Article. No
request for an equitable adjustment or change to the Contract price or Contract time for differing
site conditions shall be allowed if made after the date certified by Consultant or Project Manager
as the date of substantial completion.
31. Existing Utilities
Known utilities and structures adjacent to or encountered in the Work will be shown on the
Drawings. The locations shown are taken from existing records and the best information available
from existing plans and utility investigations; however, it is expected that there may be some
discrepancies and omissions in the locations and quantities of utilities and structures shown.
Those shown are for the convenience of the Contractor only, and no responsibility is assumed by
either the City for their, accuracy or completeness. No request for additional compensation or
contract time resulting from encountering utilities not shown will be considered. The Contractor
shall explore sufficiently ahead of the Work to allow time for any necessary adjustments The
Contractor must coordinate all underground utility locations through "Sunshine State One Call of
Florida, Inc.", who shall be contacted a minimum of forty-eight L48) hours before the Contractor
commences any digging. The Contractor is responsible for removing all utility markings once the
work is completed. Final payment to the Contractor may be withheld until the utility marks are
removed.
32. Contractor's Responsibility for Utility Properties and Service
Where the Contractor's operations could cause damage or inconvenience to railway, telephone,
fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor
shall make all arrangements necessary for the protection of these utilities and services or any
other known utilities.
-Notify-all utility -companies -that are affected by the construction -operation atleastforty-eight - 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,
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actions, or claims of any character brought because of any injuries or damage which may result
from the construction operations under the Contract Documents.
Neither the City nor its officers or agents shall be responsible to the Contractor for damages as a
result of the Contractor's failure to protect utilities encountered in the Work.
In the event of interruption to domestic water, sewer, storm drain, or other utility services as a
result of accidental breakage due to construction operations, promptly notify the proper authority.
Cooperate with said authority in restoration of service as promptly as possible and bear all costs
of repair. In no event shall interruption of any utility service be allowed unless granted by the
owner of the utility.
In the event water service lines that interfere with trenching are encountered, the Contractor may,
by obtaining prior approval of the water utility, cut the service, dig through, and restore the service
with similar and equal materials at the Contractor's expense and as approved by the Project
Manager or Consultant.
Replace, with material approved by the Project Manager or Consultant, at Contractor's expense,
any and all other laterals, existing utilities or structures removed or damaged during construction,
unless otherwise provided for in the Contract Documents and as approved by the Project Manager
or Consultant.
Replace, with material approved by the Project Manager or Consultant, at Contractor's expense,
any existing utilities damaged during the Work
33. Interfering Structures
An attempt has been made to show major structures on the furnished Drawings. While the
information has been compiled from the best available sources, its completeness and accuracy
cannot be guaranteed, and is presented as a guide. The Contractor shall field verify all locations.
Contractor shall coordinate with any affected companies, including utility companies and take
necessary precautions to prevent damage to existing structures whether on the surface, above
ground, or underground, including have the owner of the interfering structures place temporary
supports.
34. Field Relocation
During the process of the Work, it is expected that minor relocations of the Work may be
necessary. Such relocations shall be made only by the direction of the Project Manager or
Consultant at the Contractor's expense. If existing structures are encountered that will prevent
construction as shown, the Contractor shall notify the Project Manager or Consultant before
continuing with the Work in order that the Project Manager or Consultant may make such field
revisions as necessary to avoid conflict with the existing structures. Where the Contractor fails to
notify the Project Manager or Consultant when an existing structure is encountered, and proceeds
with the Work despite this interference, the Contractor does so at his own risk.
35. Contractor's Use of Project Site(s)
Limitations may be placed on the Contractor's use of the Project(s) Site(s) and such limitations
will be identified by the Project Manager. In addition to such limitations, the Project Manager may
make storage available to the Contractor, at his sole discretion, based on availability of space.
The Contractor shall also coordinate and schedule deliveries so as to minimize disruptions to City
day-to-dayoperations.
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:
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o Confine operations at the Project(s) site(s) to the areas permitted by the Project
Manager or Consultant; not disturb portions of the Project(s) site(s) beyond the
specified areas; conform to Project(s) site(s) rules and regulations affecting the Work.
o Keep existing driveways and entrances serving surrounding facilities clear and
available to the City, its employees and the public at all times; not use areas for parking
and/or storage of materials except as authorized by the Project Manager.
o Assume all responsibility for its tools, equipment and materials, including any materials
purchased for the Work and not accepted by the City, and its vehicles while performing
Work for the City and/or while parked or stored at a City facility. The City assumes no
liability for damage or loss to the items specified in this paragraph.
Access to parking and egress from the Project(s) site(s) shall be subject to the approval of the
Project Manager.
36. Warranty of Materials and Equipment
Contractor warrants to City that all materials and equipment furnished under the Contract
Documents will be new unless otherwise specified and that all of the Work will be of good quality,
free from faults and defects and in conformance with the Contract Documents and
Contract/Documents. All Work not conforming to these requirements, including substitutions not
properly approved and authorized, may be considered defective. If required by the Project
Manager or Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality
of materials and equipment. This warranty is not limited by any other provisions within the Contract
Documents.
37. Material and Equipment Shipment, Handling, Storage and Protection
Preparation for Shipment
When practical, equipment shall be factory assembled. The equipment parts and assemblies that
are shipped unassembled shall be furnished with assembly plan and instructions. The separate
parts and assemblies shall be factory match -marked or tagged in a manner to facilitate assembly.
All assemblies are to be made by the Contractor at no additional cost to the City.
Generally, machined and unpainted parts subject to damage by the elements shall be protected
with an application of a strippable protective coating, or other approved protective method.
Equipment shall be packaged or crated in a manner that will provide protection from damage
during shipping, handling, and storage.
The outside of the package or crate shall be adequately marked or tagged to indicate its contents
by name and equipment number, if applicable; approximate weight; state any special precautions
for handling; and indicate the recommended requirements for storage prior to installation.
Packaging and Delivery of Spare Parts and Special Tools
Properly mark to identify the associated equipment by name, equipment, and part number. Parts
shall be packaged in a manner for protection against damage from the elements during shipping,
handling, and storage. Ship in boxes that are marked to indicate the contents. Delivery of spare
parts and special tools shall be made prior to the time associated equipment is scheduled for the
initial test run.
Shipment
All equipment and material shall be shipped with freight and shipping paid, FOB job site.
The Contractor shall request a 7-day advance notice of shipment from manufacturers, and, upon
receipt of such notice, provide the Engineer with a copy of the current delivery information
concerning equipment items and material items of critical importance to the Project schedule.
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Receiving
The Contractor shall unload and record the receipt of all equipment and materials at the jobsite.
All costs for receiving, inspection, handling, storage, insurance, inventory control, and equipment
maintenance for the Contractor -Supplied and City -Supplied materials and equipment shall be
included in the prices Bid and no extra compensation will be allowed.
Inspection
Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall inspect
for completeness and any evidence of damage during shipment. City supplied equipment and
material shall be inspected and inventoried together with City's Inspector. Should there appear to
be any shortage or damage, the Project Manager or Consultant shall be immediately notified; and
the Contractor shall be fully responsible for informing the manufacturers and the transportation
company of the extent of the shortage or damage. If the item or items require replacing or
supplying missing parts, the Contractor shall take the necessary measures to expedite the
replacement or supply the missing parts.
Handling
Equipment and materials received for installation on the Project(s) shall be handled in accordance
with the manufacturer's recommendations, and in a manner that will prevent damage.
Storage
Equipment and materials shall be stored prior to installation as recommended by the
manufacturer. Generally, materials such as pipe shall be stored off the ground in approved
storage yards. Items subject to damage by the elements, vandalism, or theft shall be stored in
secure buildings. Items requiring environmental control for protection shall be provided with the
necessary environmentally controlled storage facilities at no cost to the City.
Insurance
The Contractor's insurance shall adequately cover the value of materials delivered but not yet
incorporated into the Work.
Inventory Control
Equipment and materials shall be stored in a manner to provide easy access for inspection and
inventory control. The Contractor shall keep a running account of all materials in storage to
facilitate inspection and to estimate progress payments for materials delivered but not installed in
the Work.
Equipment's Maintenance Prior to Acceptance by the City
Provide the required or manufacturer's recommended maintenance during storage, during the
installation, and until such time as the City accepts the equipment for full-time operation.
Salvage Equipment
Any salvageable pipe, fittings, or other miscellaneous material or equipment removed during
construction and not reused in the Work shall be cleaned, hauled, and stored by the Contractor
at his own expense, where directed by the Project Manager or Consultant, and shall remain the
property of the City. All other material shall be disposed of by the Contractor at his own expense.
38. Manufacturer's Instructions
The Contractor shall:
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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
Inspect each item of material or equipment immediately prior to installation and reject damaged
and defective items.
Provide attachment and connection devices and methods for securing the Work; secure Work
true to line plumb and level, and within recognized industry standards; allow for expansion and
building movement; provide uniform joint width in exposed Work; arrange joints in exposed Work
to obtain the best visual effect and refer questionable visual effect choices to the Consultant for
final decision when applicable to the Work.
Recheck measurements and dimensions of the Work, as an integral step in starting each portion
of the Work.
Install each unit or section of Work during favorable weather conditions, which shall ensure the
best possible results in coordination with the entire Project(s) and isolate each unit of Work from
incompatible Work as necessary to prevent potential interference among each, section and/or
deterioration of equipment.
Coordinate enclosure of the Work, which requires inspections and tests so as to minimize the
necessity of uncovering Work for that purpose.
When required by the Contract Documents or the manufacturer, a qualified representative shall
be present to observe field conditions, conditions of surface and installation, quality of
workmanship, and applications. Manufacturer's representative shall provide the Contractor and
the Project Manager or Consultant a written report of field observations.
39. Manufacturer's Warranty
Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied,
shall be made available to the City for material and equipment covered by this Contract
Documents. All material and equipment furnished shall be fully guaranteed by the Contractor
against factory defects and workmanship. At no expense to the City, the Contractor shall correct
any and all apparent and latent defects that may occur within the manufacturer's standard
warranty. The Contract Documents may supersede the manufacturer's standard warranty.
Manufacturer's warranties will become effective upon Final Acceptance of the Project(s).
40. Reference Standards
Reference to the standards of any technical society, organization or body shall be construed to
mean the latest standard adopted and published at the date of request for qualifications, even
though reference may have been made to an earlier standard. Such reference is hereby made a
part of the Contract Documents the same as if herein repeated in full and in the event of any
conflict between any of these standards and those specified, the most stringent shall govern
unless otherwise stated.
41. Submittals
Contractor shall check and approve all shop drawing, samples, product data, schedule of values,
and any and all other submittals to make sure they comply with the Contract Documents prior to
submission to the Project Manager or Consultant.
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Contractor by approving and submitting any submittals, represents that they have verified the
accuracy of the submittals, and they have verified all of the submittal information and
documentation with the requirements of the Contract Documents. At time of submission the
Contractor shall advise the Project Manager and Consultant in writing of any deviations from the
Contract Documents. Failure of the Contractor to advise the Project Manager or Consultant of
any deviations shall make the Contractor solely responsible for any costs incurred to correct, add
or modify any portion of the Work to comply with the Contract Documents.
Each shop drawing submittal shall contain a title block containing the following information:
• Number and title of drawing, including Contract title and Number
• Date of drawing and revisions
• Name of Contractor and Subcontractor (if any) submitting drawings
• Name of Project, Building or Facility
• Specification Section title and number
• Contractor's Stamp of approval, signed by the Contractor or his checker
• Space above the title block for Project Manager' or Consultant's action stamp
• Submittal or re -submittal number (whether first, second, third, etc.)
• Date of submittal
Contractor shall sign, in the proper block, each sheet of shop drawing and data and each sample
label to certify compliance with the requirements of the Contract Documents. Shop Drawing
submitted without the stamp and signature shall be rejected and it will be considered that the
Contractor has not complied with the requirements of the Contract Documents. Contractor shall
bear the risk of any delays that may occur as a result of such rejection.
City shall not be liable for any materials, fabrication of products or Work commenced that requires
submittals until the Project Manager or Consultant has returned approved submittals to the
Contractor.
Project Manager or Consultant shall make every effort to review submittals within fourteen (14)
calendar days from the date of receipt by the Project Manager or Consultant. Project Manager or
Consultant's review shall only be for conformance with design concepts and the information
provided in the Contract Documents. The approval of a separate item shall not constitute approval
of an assembly in which the item functions. The Project Manager or Consultant shall return the
shop drawings to the Contractor for their use and distribution.
Acceptance of any submittal shall not relieve the Contractor of any responsibility for any
deviations from the requirements of the Contract Documents unless the Contractor has given
written notice to the Project Manager or Consultant of the specific deviations and the Consultant
have issued written approval of such deviations.
By approving and submitting Shop Drawings, Product Data and Samples, the Contractor
represents that all materials, field measurements and field construction criteria related thereto
have been verified, checked and coordinated with the requirements of the Work and have been
verified, checked and coordinated with this Contract Documents.
Contractor shall be responsible for the distribution of all Shop Drawings, copies of product data
and samples, which bear the Project Manager's or Consultant's stamp of approval. Distribution
shall include,but not be limited to; job site file, record documents file, 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
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the adequacy for the purpose intended of any shop drawings or portion of a shop drawing that
alters, modifies or adds to the requirements of the Contract Documents.
Nothing in the Project Manager's or Consultant's review of Shop Drawings, Submittals and
Samples shall be construed as authorizing additional work or increased cost to the City.
Section 01340 contains additional requirements for submittals. Where a conflict exists between
the submittal requirements of the General Terms and Conditions and the Technical Specifications,
the Technical Specifications shall prevail.
42. Shop Drawings
Contractor shall submit Shop Drawings as required by the Contract Documents. The purpose of
the Shop Drawings is to show, in detail, the suitability, efficiency, technique of manufacture,
installation requirements, details of the item, and evidence of its compliance or noncompliance
with this Contract Documents.
Within five (5) calendar days after City's award of the Contract, Contractor shall submit to Project
Manager or Consultant a complete list and submittal log of items for which Shop Drawings are to
be submitted and shall identify the critical items and all submittal dates. Approval of this list by
Project Manager or Consultant shall in no way relieve the Contractor from submitting complete
Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract
Documents. This procedure is required in order to expedite final approval of Shop Drawings.
After the approval of the list of items required in above, Contractor shall promptly request Shop
Drawings from the various manufacturers, fabricators, and suppliers.
Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall
show its approval thereon.
Some shop drawings as either denoted in the Contract Documents or by the Florida Building Code
(Code) or Florida Statute such as structural drawings, require that they be prepared by a licensed
engineer. It is the sole responsibility of the Contractor to ensure that the Shop Drawings meet all
Code requirements.
In addition to all shop drawings required by the Contract Documents the Contractor must provided
shop drawings for; all drainage structures including catch basins, drainage pipe, ballast rock, and
exfiltration trench filter fabric.
If the Shop Drawings show or indicate departures from the Contract Documents, Contractor shall
make specific mention thereof in its letter of transmittal. Failure to point out such departures shall
not relieve Contractor from its responsibility to comply with the Contract and Documents.
Project Manager or Consultant shall review and accept or reject with comments, Shop Drawings
within fourteen (14) calendar days from the date received. Project Manager's or Consultant's
approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the
accuracy of such Shop Drawings, nor for the proper fitting and construction of the Work, nor for
the furnishing of materials or Work required by the Contract Documents and not indicated on the
Shop Drawings. No Work called for by Shop Drawings shall be performed until said Shop
Drawings have been approved by Project Manager and/or Consultant. Approval shall not relieve
Contractor from responsibility for errors or omissions of any sort on the Shop Drawings.
No approval will be given to partial submittals of Shop Drawings for items which interconnect
and/or are interdependent where necessary to properly evaluate the design. It is Contractor's
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.
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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 numbers) and the shop drawing numbers of related work. Shop
Drawings must be complete in every detail, including location of the Work. Materials, gauges,
methods of fastening and spacing of fastenings, connections with other work, cutting, fitting,
drilling and any and all other necessary information per standard trade practices or as required
for any specific purpose shall be shown.
Where professional calculations and/or certification of performance criteria of materials, systems,
and or equipment are required, the Project Manager and/or Consultant are entitled to rely upon
the accuracy and completeness of such calculations and certifications submitted by the
Contractor. Calculations, when required, shall be submitted in a neat clear and easy format to
follow.
Contractor shall keep one set of Shop Drawings marked with Project Manager's and/or
Consultant's approval at the job site at all times.
43. Product Data
Contractor shall submit four (4) copies of product data, warranty information and operating and
maintenance manuals. Each copy must be marked to identify applicable products, models,
options and other data. Contractor shall supplement manufacturer's standard data to provide
information unique to the Work.
Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify
pertinent products, with references to the specifications and the Contract Documents. Identify
reference standards, performance characteristics and capacities, wiring and piping diagrams and
controls, component parts, finishes, dimensions and required clearances.
Contractor shall submit a draft of all product data, warranty information and operating and
maintenance manuals at fifty percent L50%) completion of construction.
44. Samples
Contractor shall submit samples to illustrate the functional characteristics of the product(s).
Submittals shall be coordinated for different categories of interfacing Work. Contractor shall
include identification on each sample and provide full information.
45. Record Set
Contractor shall maintain in a safe place at the Project(s) Site(s) one record copy and one permit
set of the Contract Documents, including, but not limited to, all Drawings, Specifications, Shop
Drawings, amendments, Change Orders, Request for Information LRFIs), 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,
conduitandutility services. Contractorshallcertify-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
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shall be clean and all changes, corrections and dimensions shall be given in a neat and legible
manner in red. The record documents shall be available to the City and the Consultant for
reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement
to final payment, the record documents shall be delivered to the Project Manager or Consultant
by the Contractor. The Record Set of Drawing shall be submitted in both hard copy and as
electronic plot files,
46. Supplemental Drawings and Instructions
The Project Manager or Consultant shall have the right to approve and issue supplemental
instructions setting forth written orders, instructions, or interpretations concerning the Contract
Documents or its performance, provided such Supplemental Instructions involve no change in the
Contract Documents Price or this Contract Documents Time.
Project Manager or Consultant shall have the right to modify the details of the plans and
specifications, to supplement the plans and specifications with additional plans, drawings or
additional information as the Work proceeds, all of which shall be considered as part of the
Contract Documents. In case of disagreement between the written and graphic portions of the
Contract Documents, the written portion shall govern.
47. Contractor Furnished Drawings
A Contract Documents may require the Contractor to furnish design, shop and/or as -built
drawings depending on the nature and scope of the Work to be performed. The following applies
to the different types of drawings.
The Project Manager and/or Consultant shall, after review of the drawings, initial and mark the
drawings in one of the following manners:
1. ACCEPTED - No correction required.
2. PROCEED AS CORRECTED - Minor changes or corrections identified. Work can
proceed subject to re -submittal and acceptance of the drawings.
3. REVISE AND RESUBMIT- Significant changes or corrections are recommended.
Submittal must be revised and resubmitted for acceptance prior to Work proceeding.
4. REJECTED - Not in accordance with the Contract and/or Contract Documents due to
excessive changes or corrections or other justifiable reason. Drawings must be
corrected and resubmitted prior to any Work being performed.
Revisions required by the permitting jurisdiction must also be reviewed and accepted by the
Project Manager or Consultant prior to resubmission to the permitting agency.
Acceptance by the City shall not relieve the Contractor from responsibility for errors and omissions
in the drawings.
48. Substitutions
Whenever materials or equipment are specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular supplier, the naming of the item is
intended to establish the type, function and quality required. Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other suppliers may be
accepted by Consultant after 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 Architect or Engineer of Record from anyone other than Contractor.
If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall
make application to the Consultant for acceptance thereof, certifying that the proposed substitute
shall perform adequately the functions and achieve the results called for by the general design,
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be similar and of equal substance to that specified and be suited to the same use as that specified.
The application shall state that the evaluation and acceptance of the proposed substitute will not
prejudice Contractor's achievement of Substantial Completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract Documents to
adapt the design to the proposed substitute and whether or not incorporation or use by the
substitute in connection with the Work is subject to payment of any license fee or royalty. All
variations of the proposed substitute from that specified will be identified in the application and
available maintenance, repair and replacement service shall be indicated. The application also
shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance
of such substitute, including costs for redesign and claims of other contractors affected by the
resulting change, all of which shall be considered by the Consultant in evaluating the proposed
substitute. The Consultant may require the Contractor to furnish at Contractor's expense
additional data about the proposed substitute.
If a specific means, method, technique, sequence or procedure of construction is indicated in or
required by Contract Documents, Contractor may furnish or utilize a substitute means, method,
technique, sequence or procedure of construction acceptable to the Consultant, if the Contractor
submits sufficient information to allow the Architect or Engineer of Record to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents. The
procedures for submission to and review by the Consultant shall be the same as those provided
herein for substitute materials and equipment.
The Consultant shall be allowed a reasonable time within which to evaluate each proposed
substitute. The Consultant and the City shall be the sole judges of the acceptability of any
substitute. No substitute shall be ordered, installed or utilized without the City's and the
Consultant's prior written acceptance which shall be evidenced by either a Change Order or an
approved submittal. The City and the Consultant may require the Contractor to furnish at
Contractor's expense a special performance guarantee or other surety with respect to any
substitute. If the Consultant rejects the proposed substitute, at their discretion, the City may
require the Contractor to reimburse the City for the charges of the Consultant for evaluating the
proposed substitute.
Contractor shall maintain sole liability and responsibility for ensuring that all substitutions and any
required design of such are in full compliance with and meet all the requirements of the Contract
Documents.
49. City Furnished Drawings
The City, at its sole discretion, may furnish design drawings. It shall be the sole responsibility of
the Contractor to bring to the immediate attention of the Project Manager and the Consultant any
discrepancies between the drawings and existing conditions, excluding hidden or unforeseen
conditions, discovered prior to commencing and during the Work. The Contractor shall be solely
responsible for verifying the accuracy of the drawings prior to commencing the Work, and shall
be responsible for any errors or revisions of the Work, which might have been avoided by notifying
the City prior to commencement. This shall also apply to any revisions or omissions identified by
the Contractor. The Contractor shall submit all requests for information entitled Request for
Information (RFI). The City shall respond to all RFI's in writing.
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.
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50. Interpretation of Drawings and Documents
Drawings and specifications are intended to be consistent, be mutually explanatory, and should
be used together and not separately. During the performance of the Project(s), should any errors,
omissions, conflicts, ambiguities or discrepancies be found in the drawings and/or specifications,
the Project Manager or the Consultant will clarify in writing the intent of the drawings and/or
specifications and the Contractor agrees to abide by the Project Manager's or Consultants
interpretation and perform the Work in accordance with the decision of the Project Manager or
the Consultant. In such event, the Contractor will be held to have included in its Contract Price
the best materials suitable for the purpose and/or methods of construction.
51. Product and Material Testing
All tests shall be performed by the Contractor, except where otherwise specifically stated in the
Contract Documents. All costs for testing performed by the Contractor shall be at the Contractor's
expense. The City may, in its sole and absolute discretion, test materials and products at its own
cost. However, should such materials or products fail to pass the test and/or meet the
requirements of the Contract Documents, the Contractor shall reimburse the City for the cost of
such tests and repair or replace said materials or products. In such instances the City may deduct
such cost from any payments pending to the Contractor.
52. Field Directives
The Project Manager or Consultant may at times issue field directives to the Contractor based on
visits to the Project(s) Site(s). Such Field Directives shall be issued in writing and the Contractor
shall be required to comply with the directive. Where the Contractor believes that the directive is
outside the scope of the Work, the Contractor shall, within forty-eight(48) hours, notify the Project
Manager or Consultant that the work is outside the scope of the Work. At that time the Field
Directive may be rescinded or the Contractor may be required to submit a request for a change
to the Contract. Where the Contractor is notified of the City's position that the Work is within the
scope and the Contractor disagrees, the Contractor shall notify the Project Manager or Consultant
that the Contractor reserves the right to make a claim for the time and monies based on the Field
Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply
with the directive may result in a determination that the Contractor is in default of the Contract.
53. Changes in the Work or Contract Documents
Without invalidating the Contract Documents and without notice to any Surety, City reserves and
shall have the right, from time to time to make such increases, decreases or other changes in the
character or quantity of the Work under the Contract Documents as may be considered necessary
or desirable to complete fully and acceptably the proposed construction of a Project in a
satisfactory manner. Any extra or additional Work within the scope of the Project(s) must be
accomplished by means of appropriate Field Orders and Supplemental Instructions or Change
Orders,
Any changes to the terms of the Contract Documents must be contained in a written document,
executed by the parties hereto. This section shall not prohibit the issuance of Change Orders
executed only by City.
54. Continuing the Work
Contractor shall -carry -on -the Work and -adhere -to the progress schedule during all disputesor
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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55. Change Orders
Changes in the quantity or character of the Work within the scope of the Project(s) which are not
properly the subject of Field Orders or Supplemental Instructions, including all changes resulting
in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders
approved in advance and issued in accordance with the provisions of the City.
In the event satisfactory adjustment cannot be reached for any item requiring a change in the
Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right
at its sole option to either terminate the Contract as it applies to the items in question and make
such arrangements as may be deemed necessary to complete the disputed work; or submit the
matter in dispute to the Director as set forth in Article 90, 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 the Contractor 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.
56. Change Order Procedure
Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract
representing the reasonable cost or the reasonable financial savings related to the change in
Work. Extra Work may also result in an equitable adjustment in the Contract schedule for
performance for both the Extra Work and any other Work affected by the Extra Work.
The City shall initiate the Extra Work procedure by a notice to Contractor outlining the proposed
Extra Work. Upon receipt of the notice to proceed with the Extra Work, the Contractor is required
to immediately start the Extra Work. The Contractor is required to -obtain- permission for an -
extension to start the Extra Work if it is beyond the Contractor's ability to start within the allotted
timeframe.
The Contractor is required to provide the Project Manager with a detailed Change Proposal
Request which shall include requested revisions to the Contract, including but not limited to
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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 percent (10%) percent of the direct
labor and material costs, unless the Project Manager determines that the complexity and risk of
the Extra Work is such that an additional factor is appropriate. The Change Proposal Request
may be accepted or modified by negotiations between the Contractor and the City. If an
agreement on the Extra Work is reached, both parties shall execute the Extra Work order in writing
via a Change Order. The execution by the Contractor of the Change Order shall serve as a release
of the City from all claims and liability to the Contractor relating to, or in connection with, the Extra
Work, including any impact, and any prior acts, neglect or default of the City relating to the Extra
Work.
Upon execution of a change order that affects the Contract Time, the Contractor shall, within five
(5) business days, submit a revised Project schedule reflecting the changes against the baseline
schedule.
57. No Oral Changes
Except to the extent expressly set forth in the Contract, no change in or modification, termination
or discharge of the Contract or, in any form whatsoever, shall be valid or enforceable unless it is
in writing and signed by the parties charged, therewith or their duly authorized representative.
58. Value of Change Order Work
The value of any Work covered by a Change Proposal Request or of any claim for an increase or
decrease in the Contract Price shall be determined in one of the following ways:
• Where the Work involved is covered by unit prices contained in the Contract, by
application of unit prices to the quantities of items involved.
• By mutual acceptance of a Contract unit price which Contractor and Project Manager
acknowledge contains a component for overhead and profit.
• On the basis of the "cost of Work," determined as provided in this, plus a Contractor's
fee for overhead and profit which is determined as provided in this Article.
• The term "cost of Work" means the sum of all direct costs necessarily incurred and
paid by Contractor in the proper performance of the Work described in the Change
Order. Except as otherwise may be agreed to in writing by the Project Manager, such
costs shall be in amounts no higher than those prevailing in the locality of the Project,
shall include only the following items and shall not include any of the costs itemized in
herein.
Payroll costs for employees in the direct employ of Contractor in the performance of the Work
described in the Change Proposal Request under schedules of job classifications agreed upon
by Project Manager and Contractor. Payroll costs for employees not employed -full time on the
Work covered by the Change Proposal Request shall be apportioned on the basis of their time
spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the
cost of fringe benefits which shall include social security contributions, unemployment, excise and
payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick
leave, vacation and holiday pay application thereto. Such employees shall include
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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.
• The term "Supplemental costs" shall include 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.
• 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
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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 subcontractor performs the Work, Contractor's fee shall not exceed seven
and one half percent (7.5%); and if a subcontract is on the basis of cost of the Work
plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and
profit shall not exceed ten percent (10%); and
• No fee shall be payable for special consultants or supplemental costs.
The amount of credit to be allowed by Contractor to City for any such change which results in a
net decrease in cost will be the amount of the actual net decrease. When both additions and
credits are involved in any one change, the combined overhead and profit shall be figured on the
basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for
any Work not performed.
Whenever the cost of any Work is to be determined pursuant to this Article, Contractor will submit
in a form acceptable to Project Manager or Consultant an itemized cost breakdown together with
the supporting data.
Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether
the amount is an addition, credit or no change -in -cost, Contractor shall submit an initial cost
estimate acceptable to the Project Manager or Consultant.
• Breakdown shall list the quantities and unit prices for materials, labor, equipment and
other items of cost.
■ Whenever a change involves Contractor and one or more Subcontractors and the
change is an increase in the Contract Price, overhead and profit percentage for
Contractor and each Subcontractor shall be itemized separately.
■ Each Change Order must state within the body of the Change Proposal Request
whether it is based upon unit price, negotiated lump sum, or "cost of the Work."
59. Extra Work Directive
If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or
extenuating circumstances, the City may nevertheless issue a directive to the Contractor to do
the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Contractor
shall be obligated to proceed with the Work set forth in that directive.
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Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to the
Article 90, Resolution of Disputes, by furnishing a written statement to the Project Manager within
five (5) days of the Extra Work Directive, based upon any aspect, of such Extra Work which the
Contractor disputes. Such dispute must relate to specific matters raised or specific matters
reserved by the Contractor in its proposal and have not been resolved prior to the issuance of the
Extra Work Directive. The written statement must set forth all details of the Contractor's claim
including the manner that the disputed item was specified in the Contractor's proposal. During
the pendency of any dispute hereunder, the Contractor must proceed with Work as set forth in
the Extra Work Directive unless otherwise advised by the Project Manager's written instructions.
In the event there is a dispute as to price, the Contractor will be paid in accordance with the
following paragraph. This payment(s) will be in full satisfaction of the Contractor's claim for an
adjustment to the value of the Contract.
Compensation for Extra Work in the event of the parties' inability to agree upon a mutually
satisfactory price shall be as follows:
No payment will be made to the Contractor for Extra Work in excess of "Actual and
Necessary Cost" which is to say time and materials plus a mark-up not to exceed ten
percent .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;
(li) 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.
In case any Work or materials shall be required to be done or furnished under the provisions of
this Article, the Contractor shall at the end of each day furnish to the City such documentation as
the City may require to support all the costs of the Extra Work. If payments on account are desired
as the Extra Work progresses, the Contractor shall render an itemized statement showing the
total amount expended for each class of labor and for each kind of material on account of each
item of Work as a condition precedent to the inclusion of such payment in a partial estimate. Upon
the request of the City, the Contractor shall produce for audit by the City, books, vouchers,
collective bargaining labor agreements, records or other documents showing the actual cost for
labor and materials. Such documents shall not be binding on the City. The Project Manager shall
determine any questions or dispute as to the correct cost of such labor or materials or plant.
In case the Contractor is ordered to perform Work under this Article, which in the opinion of the
Project Manager, it is impracticable to have performed by the Contractor's own employees, the
Contractor will, subject to the approval of the Project Manager, be paid the actual cost to
Contractor of such Work, and in addition thereto five percent (5%) percent to cover the
Contractor's superintendence, administration and other overhead expenses.
Payment of any amount under this Article shall be subject to subsequent audit and approval,
disapproval, modification or revision by representatives of the City.
60. As -Built Drawings
During the Work, Contractor shall maintain records of all deviations from the Drawings and
Specifications as approved by the Project Manager or Consultant and prepare two (2) copies of
As -Built Record Drawings showing correctly and accurately all changes and deviations made
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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.
• Changes made by Project Manager's or Consultant's written instructions or by Change
Order.
Approved Shop Drawings: Provide record copies for each process equipment, piping, electrical
system and instrumentation system.
As -built documents shall be updated monthly as a condition precedent to payment.
For construction of new building, or building additions, field improvements, and or roadway
improvements as -built drawings signed and sealed by a Florida licensed Registered Land
Surveyor.
In addition, for projects which involve roadwork and drainage, Contractor shall provide complete
as -built information relative to location, size, and depth of new pipes, manholes, inlets, etc. Identify
grading; include locations of fittings, valves, fire hydrants, changing in pipe materials, water
sampling points, thrust blocks, benchmarks, etc. The information shall be accurately recorded by
the Contractor and submitted (signed and sealed by a Florida Certified P.L.S.) to the City of Miami
prior final acceptance of the Work, All recorded information on existing utility crossing
encountered during construction, included but not limited to pipes, inlets, manholes, etc., shall be
recorded by a Florida Registered Surveyor and shown on the record drawings.
The Project's as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all new
and/or existing vacuum cleaned drainage system openings (i.e. catch basins, inlets, manholes,
etc.)
61. Worker's Identification
The Contractor's employees, who include any Subcontractor, shall wear an identification card
provided by the Contractor. The identification card shall bear the employee's picture, name, title
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and name of the employer. Failure by a Contractor's employee to wear such identification may
result in his removal from the Work until such time as the identification card is obtained and worn.
Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time.
62, Removal of Unsatisfactory Personnel
The City may make written request to the Contractor for the prompt removal and replacement of
any personnel employed or retained by the Contractor, or any or Subcontractor engaged by the
Contractor to provide and perform services or Work pursuant to the requirements of the Contract
Documents. The Contractor shall respond to the City within seven (7) calendar days of receipt of
such request with either the removal and replacement of such personnel or written justification as
to why that may not occur. The City shall make the final determination as to the removal of
unsatisfactory personnel from Work assigned by City. The Contractor agrees that the removal of
any of its employees does not require the termination or demotion of employee(s).
63. Substantial Completion, Punch List & Final Completion
The Work shall be substantially complete when the Project Manager, in the reasonable exercise
of his/her discretion determines that the Work is complete and there are no material and/or
substantial variations from the Contract Documents and the Work is fit for its intended purpose.
Upon Substantial Completion, the Project Manager and the Contractor shall sign the Substantial
Completion Inspection Form. The signing of this form shall not relieve the Contractor from its
obligation to complete the Project.
When the Contractor believes that the Work is substantially complete, the Contractor shall request
in writing that the Project Manager or Consultant inspect the Work to determine if Substantial
Completion has been achieved. No request for Substantial Completion inspection is to be
submitted until the Contractor has obtained a Certificate(s) of Occupancy, Certificate of
Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from
agencies having jurisdiction over the Work. The Project Manager or Consultant shall schedule
the date and time for any inspection and notify the Contractor and any other parties deemed
necessary. During this inspection, the Project Substantial Completion Inspection Form will be
completed as necessary. Any remaining Construction Work shall be identified on this form and
shall be known as Punch List Work. The Punch List shall be signed by the Project Manager and/or
Consultant, and the Contractor confirming that the Punch List contains the item(s) necessary to
complete the Work. The failure or refusal of the Contractor to sign the Project Substantial
Completion Inspection Form or Punch List shall not relieve the Contractor from complying with
the findings of the Project Substantial Completion Inspection and completing the Project to the
satisfaction of the City
Where the Punch List is limited to minor omissions and defects, the Project Manager shall indicate
that the Work is substantially complete subject to completion of the Punch List. Where the Project
Manager or Consultant determines, on the appropriate form that the Work is not substantially
complete, the Project Manager or Consultant shall provide a list of all open items necessary to
achieve Substantial Completion. Upon completion of such Work, the Contractor shall request
another Substantial Completion inspection.
The Project Manager or Consultant, and the Contractor shall agree on the time reasonably
required to complete all remaining Work included in the Punch List.
Uponthereceipt 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;
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and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents
for Final Completion. The failure to include any items of corrective Work on such list does not alter
the responsibility of Contractor to complete all of the Work in accordance with the Contract
Documents. Warranties required by the Contract Documents shall commence on the date of Final
Acceptance completion of the Work or designated portion thereof unless otherwise provided in
the Contract Documents.
64. Acceptance and Final Payment
Upon receipt of written notice from Contractor that the Work is ready for final inspection and
acceptance, Project Manager and/or Consultant shall, within ten (10) calendar days, make an
inspection thereof. If Project Manager and/or Consultant find the Work acceptable, the requisite
documents have been submitted and the requirements of the Contract Documents fully satisfied,
and all conditions of the permits and regulatory agencies have been met, a Final Certificate for
Payment shall be issued by Project. Manager, stating that the requirements of the Contract
Documents have been performed and the Work is ready for acceptance under the terms and
conditions thereof.
Before issuance of the Final Certificate for Payment, Contractor shall deliver to the Project
Manager or Consultant a final release of all liens arising out of the Contract Documents, receipts
in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in
full and that all other indebtedness connected with the Work has been paid, and a consent of the
surety to final payment; the final corrected as -built drawings; operations and maintenance data,
and the final bill of materials, if required, and payment application. Contractor shall deliver the
written Contractor's and all Manufacturer's warranties prior to issuance of the Final Certificate for
Payment.
if, after the Work has been substantially completed, full completion thereof is materially delayed
through no fault of Contractor, and Project Manager or Consultant so certifies, City shall, upon
such certification of Consultant, and without terminating the Contract Documents, make payment
of the balance due for that portion of the Work fully completed and accepted. Such payment shall
be made under the terms and conditions governing final payment, except that it shall not constitute
a waiver of claims.
The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those
previously made in strict accordance with the provisions of the Contract and identified by
Contractor as unsettled at the time of the application for final payment.
65. NPDES Requirements
Contractor shall comply with the State of Florida rules and regulations for the National Pollutant
Discharge Elimination System (NPDES) including but not limited to all permitting, Notices of
Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for NPDES and
SWPPP shall be included in the Bid prices. For further information on compliance requirements
for NPDES and SWPPP contact the City of Miami Public Works Department at (305) 416-1200
or visit the State of Florida website at http://www.dep.state.fl.us/water/stormwater/npdes/,
Contractor is responsible for obtaining, completing and paying for any required NPDES
application or permits that may be required.
66. Force 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, then the City may allow an extension of time reasonably
commensurate with the cause of such failure to perform or cure.
If the Contractor is delayed in performing any obligation under the Contract Documents due to a
force majeure condition, the Contractor shall request a time extension from the City within two (2)
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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 Subcontractors.
67. Extension of Time
Any reference in this section to the Contractor shall be deemed to include suppliers, and permitted
Subcontractors, whether or not in privity of contract with the Contractor for the purpose of this
article.
If the Contractor is delayed at any time during the progress of the Work beyond the Contract Time
and/or Notice to Proceed (NTP) by the neglect or failure of the City or by a Force Majeure, then
the Contract Time set forth in the Contract shall be extended by the City subject to the following
conditions:
• The cause of the delay arises after issuance of the NTP and could not have been
anticipated by the Contractor by reasonable investigation before proceeding with the
Work;
• The Contractor demonstrates that the completion of the Work will be actually and
necessarily delayed;
• The effect of such cause cannot be avoided or mitigated by the exercise of all
reasonable precautions, efforts and measures whether before or after the occurrence
of the cause of delay.
Note: A delay meeting all the conditions of the above, shall be deemed an Excusable
Delay.
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
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the right to intervene and become a party to any suit or proceeding in which any such injunction
shall be obtained and move to dissolve the same or otherwise, as the City may deem proper.
The permitting of the Contractor to proceed with the Work subsequent to the date specified in the
Contract (as such date may have been extended by a change order), the making of any payment
to the Contractor, the issuance of any Change Order, shall not waiver the City's rights under the
Contract, including but not Limited to the assessment of liquidated damages or declaring
Contractor in default.
68. Notification of Claim
Any claim for a change in the Contract Time or Contract Price shall be made by written notice by
Contractor to the Project Manager and to Consultant within ten (10) business days of the
commencement of the event giving rise to the claim and stating the general nature and cause of
the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise
to the claim, written notice of the extent of the claim with supporting information and
documentation shall be provided unless the Project Manager or Consultant allows an additional
period of time to ascertain more accurate data in support of the claim and such notice shall be
accompanied by Contractor's written notarized statement that the adjustment claimed is the entire
adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence
of said event. All claims for changes in the Contract Time or Contract Price shall be determined
by the Project Manager or Consultant in accordance with Article 70, No Damages for Delay, if
City and Contractor cannot otherwise agree. It is expressly and specifically agreed that any and
all claims for changes to the Contract time or Contract price shall be waived if not submitted in
strict accordance with the requirements of this Article.
The Contract time will be extended in an amount equal to time lost on critical Work items due to
delays beyond the control of and through no fault or negligence of Contractor if a claim is made
therefore as provided in this Article. Such delays shall include, but not be limited to, acts or neglect
by any separate contractor employed by City, fires, floods, labor disputes, epidemics, abnormal
weather conditions or acts of God.
69. Extension of Time not Cumulative
In case the Contractor shall be delayed for any period of time by two (2) or more of the causes
mentioned in Article 71, Excusable Delays, Non-Compensable, the Contractor shall not be entitled
to a separate extension for each one of the causes; only one (1) period of extension shall be
granted for the delay.
70. No Damages for 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. NO EXCEPTIONS.
Except as may be otherwise specifically provided for in the Contract Documents, the Contractor
agrees to make no claim for damages for delay of any kind in the performance of the Contract
Documents whether occasioned by any act or omission of the City or any of its representatives
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(whether it is an Excusable Delay or otherwise) and the Contractor agrees that any such claim
shall be compensated solely by an extension of time to complete performance of the Work. In
this regard, the Contractor alone hereby specifically assumes the risk of such delays, including
without limitation: delays in processing or approving shop drawings, samples or other submittals
or the failure to render determinations, approvals, replies, inspections or tests of the Work, in a
timely manner. Contractor shall not receive monetary compensation for City delay. Time
extensions may be authorized, in writing, by the City in certain situations.
71. Excusable Delay, Non-Compensable
Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its
subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control
of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its subcontractors,
suppliers or vendors and by the City or Consultant. Then Contractor shall be entitled only to a
time extension and no compensation for the delay.
Contractor is entitled to a time extension of the Contract time for each day the Work is delayed
due to Excusable Delay. Contractor shall document its claim for any time extension as provided
in Article 68, Notification of Claim, hereof.
Failure of Contractor to comply with Article 68, Notification of Claim hereof as to any particular
event of delay shall be deemed conclusively to constitute a waiver, abandonment or
relinquishment of any and all claims resulting from that particular event of delay.
72. Lines and Grades
The Contractor shall, at its own expense, establish all working and construction lines and grades
as required from the Project control points set by the City, and shall be solely responsible for the
accuracy thereof.
All work along the entire project shall be located and constructed using the roadway base/center
line as reference. All elevations shown therein are in feet.
73. Defective Work
Project Manager or Consultant shall have the authority to reject or disapprove Work which Project
Manager or Consultant finds to be defective. If required by Project Manager or Consultant,
Contractor shall promptly either correct all defective Work or remove such defective Work and
replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential
costs of such removal or corrections including cost of testing laboratories and personnel.
Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary
repairs in accordance with the requirements of the Contract Documents within the time indicated
in writing by Project Manager or Consultant, City shall have the authority to cause the defective
Work to be removed or corrected, or make such repairs as may be necessary at Contractor's
expense. Any expense incurred by City in making such removals, corrections or repairs, shall be
paid for out of any monies due or which may become due to Contractor, or may be charged
against the Performance Bond. In the event of failure of Contractor to make all necessary repairs
promptly and fully, City may declare Contractor in default.
If, within one (I) 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 byany 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.
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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.
74. Acceptance of Defective or Non -Conforming Work
The City, in its sole discretion, may elect in writing to accept defective or non -conforming Work
instead of requiring its removal and correction. In such instances, a Change Order will be issued
to reflect an appropriate reduction in the Contract sum, or, if the amount is determined after final
payment, any difference in the amount shall be paid to the City by the Contractor.
75. Uncovering Finished Work
The Project Manager's, Inspector's and/or Consultant's right to make inspections shall include the
right to order the Contractor to uncover or take down portions of finished Work. The Project
Manager and/or Consultant shall notify the Contractor in writing concerning all uncovered finished
Work. Should the Work prove to be in accordance with the Contract Documents, the uncovering
or taking down and the replacing and the restoration of the parts removed will be treated as Extra
Work for the purpose of computing additional compensation and an extension of time. Should
the Work examined prove unsatisfactory, such uncovering, taking down, replacing and restoration
shall be at the expense of the Contractor. Such expenses shall also include repayment to the
City for any and all expenses or costs incurred by it, including employee salaries or related cost,
in connection with such uncovering, taking down, replacing and restoration at the Project site.
76. Correction of Work
The Contractor shall promptly correct all Work rejected by the Project Manager or Consultant as
defective or as failing to conform to the Contract Documents, whether observed before or after
Substantial Completion and whether or not fabricated, installed or completed. The Contractor
shall bear all cost of correcting such rejected Work, including the cost of the City's additional
services thereby made necessary.
The Contractor further agrees that after being notified in writing by the Project Manager or
Consultant of any Work not in accordance with the requirements of the Contract Documents or
any defects in the Work, the Contractor will commence and prosecute with due diligence all Work
necessary to fulfill the terms of the Contract and to complete the Work within a reasonable period
of time, as determined by the Project Manager or Consultant, and in the event of failure to so
comply, the Contractor does hereby authorize the City to proceed to have such Work done at the
Contractor's expense and that the Contractor will pay the cost thereof upon demand. The City
shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the
Contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event
of an emergency constituting an immediate hazard to the health or safety of personnel, property,
or licensees, the City may undertake, at the Contractor's expense, without prior notice, all Work
necessary to correct such hazardous condition when it was caused by Work of the Contractor not
being in accordance with the requirements of the Contract.
If, within one (1) year after the date of final completion of the Project or within such longer period(s)
of time as may be prescribed by law, by the Contract Documents, or by the terms of any applicable
special warranty required by the Contract Documents, any of the Work is found to be defective or
not in accordance with the Contract Documents, the Contractor shall correct it promptly after
receipt of a written notice from the City to do so. The City shall give such notice promptly after
discovery of the condition.
All such defective or non -conforming Work shall be removed from the site if necessary and the
Work shall be corrected to comply with the Contract Documents without cost to the City.
77. Maintenance of Traffic and Public Streets
Scope of Work
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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 (Le., Manual of Uniform Traffic Control Devices (MUTCD), FDOT
Roadway and Bridge Standard Index Drawing Book), permits or data. The Contractor
shall abide by all applicable laws, regulations, and codes thereof pertaining to
Maintenance of Traffic (MOT) on public streets, detour of traffic, traffic control and other
provisions as may be required for this Project.
Maintenance of Traffic (MOT)
• The Contractor shall be fully responsible for the MOT on public streets, detour of traffic
(including furnishing and maintaining regulatory and informative signs along the detour
route), traffic control, and other provisions, throughout the Project, as required by the
Manual of Uniform Traffic Control Devices (MUTCD), and FDOT Roadway and Bridge
Standard Index drawing Book. Traffic shall be maintained according to corresponding
typical traffic control details as outlined in the previous noted standards. No street shall be
completely blocked, nor blocked more than one-half at any time, keeping the other one-
half open for traffic, without specific approval.
• If required by the Project Manager or Consultant, Traffic Division or FDOT or as otherwise
authorized by the Project Manager or Consultant, the Contractor shall make arrangements
for the employment of uniformed off -duty policemen to maintain and regulate the flow of
traffic through the work area. The number of men required and the number of hours on
duty necessary for the maintenance and regulation of traffic flow shall be provided by the
City of Miami Police Department.
• The Contractor shall provide all barricades with warning lights, necessary arrow boards
and signs, to warn motorists of the Work throughout the Project. Adequate approved
devices shall be erected and maintained by the Contractor to detour traffic.
• Excavated or other material stored adjacent to or partially upon a roadway pavement shall
be adequately marked for traffic safety at all times. The Contractor shall provide necessary
access to all adjacent property during construction,
• The Contractor shall be responsible for the provision, installation and maintenance of all
MOT and safety devices, in accordance with the Manual of Uniform Traffic Control Devices
(MUTCD) and FDOT Roadway and Bridge Standards index drawing book. In addition, the
Contractor shall be responsible for providing the Consultant with MOT plans for lane
closures and/or detours for approval. These plans (sketches) shall be produced, signed
and sealed by a professional Engineer registered in the State of Florida, employed by the
Contractor and certified under FDOT Procedure NPIL No. 625-010-010.
• Where excavations are to be made in the vicinity of signalized intersections, attention is
directed to the fact that vehicle loop detectors may have been embedded in the pavement.
Verify these locations by inspecting the site of the Work and by contacting the Sunshine
State One -Call Center (1-800-432-4770), forty-eight L48) hours prior to any excavation.
Any loop detector which is damaged, whether shown on the Plans or not, shall be repaired
or replaced to the satisfaction of the Miami Dade County Signs and Signal Division (Phone
No. 305-592-3470).
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• Where applicable, the Contractor shall notify the Traffic Division twenty-four,(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 (2) weeks prior to planned
construction, with a minimum forty-eight 1481-hour prior notice to local police and
emergency departments (some police jurisdictions may require considerably more notice).
Lane closures of a one (1) day or less duration will generally not be approved for major
collector streets or for arterial streets during the hours of 7am to 9am and 4pm to 6pm
weekdays.
78. Location and Damage to Existing Facilities, Equipment or Utilities
As far as possible, all existing utility lines in the Project(s) area(s) will be shown on the plans.
However, City does not guarantee that all lines are shown, or that the ones indicated are in their
true location. It shall be the Contractor's responsibility to field verify all underground and overhead
utility lines or equipment affecting or affected by the Project. No additional payment will be made
to the Contractor because of discrepancies in actual and plan location of utilities, and damages
suffered as a result thereof.
The Contractor shall notify each utility company involved at least fourteen (14) calendar days prior
to the start of construction to arrange for positive underground location, relocation or support of
its utility where that utility may be in conflict with or endangered by the proposed construction.
Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by
the Contractor. All charges by utility companies for temporary support of its utilities shall be paid
for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the
responsibility of the utility company involved. No additional payment will be made to the Contractor
for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines.
The Contractor shall schedule the Work in such a manner that the Work is not delayed by the
utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities
with any and all public and private utility providers occupying the right-of-way. No compensation
will be paid to the Contractor for any loss of time or delay.
All overhead, surface- or underground structures and utilities- encountered are to be carefully
protected from injury or displacement. All damage to such structures is to be completely repaired
within a reasonable time; needless delay will not be tolerated. The City reserves the right to
remedy such damage by ordering outside parties to make such repairs at the expense of the
Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility
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owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by
the utility owner prior to backfilling
79. Stop Work Order
The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or
any part, of the Work for a period of up to ninety (90) days (or any lesser period), commencing no
sooner than the date the order is delivered to the Contractor, and for any further period to which
the parties may agree. Any such order shall be specifically identified as a "Stop Work Order"
issued pursuant to this paragraph. Within the period of ninety (90) days (or the lesser period
specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which
the parties have agreed the City shall either:
■ Cancel the Stop Work Order; or
■ Terminate the Work covered by such order as provided in Article 87, Termination for
Convenience.
If a Stop Work Order issued under this Article is canceled or the period of the order or any
extension thereof expires, the Contractor shall resume the Work without compensation to the
Contractor for such suspension other than extending the time for Substantial Completion to the
extent that, in the opinion of the Project Manager or Consultant, the Contractor may have been
delayed by such suspension. In the event the Project Manager or Consultant determines that the
suspension of Work was necessary due to Contractor's defective or incorrect Work, unsafe Work
conditions caused by the Contractor or any other reason caused by Contractor's fault or omission,
the Contractor shall not be entitled to an extension of time as a result of the issuance of a Stop
Work Order.
80. Hurricane Preparedness
During such periods of time as are designated by the United States Weather Bureau as being a
hurricane warning, the Contractor, at no cost to the City, shall take all precautions necessary to
secure the Project site in response to all threatened storm events, regardless of whether the
Project Manager or Consultant has given notice of same.
Compliance with any specific hurricane warning or alert precautions will not constitute additional
work.
Suspension of the Work caused by a threatened or actual storm event, regardless of whether the
City has directed such suspension, will entitle the Contractor to additional Contract time as non-
compensable, excusable delay, and shall not give rise to a claim for compensable delay.
81. Use of Completed Portions
City shall have the right, at its sole option, to take possession of and use any completed or partially
completed portions of the Project(s). Such possession and use shall not be deemed an
acceptance or beneficial use or occupancy of any of the Work not completed in accordance with
the Contract Documents. If such possession and use increases the cost of or delays the Work,
Contractor shall be entitled to reasonable extra compensation, or reasonable extension of time or
both, as determined by Project Manager or Consultant.
In the event City takes possession of any completed or partially completed portions of the Project,
the following shall occur:
• City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's
intended occupancy of a designated area.
■ Contractor shall complete to the point of Substantial Completion the designated area and
request inspection and issuance of a Certificate of Substantial Completion from Project
Manager or Consultant.
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• 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.
82. Cleaning Up; City's Right to Clean Up
Contractor shall at all times keep the premises free from accumulation of waste materials or
rubbish caused by its operations. No fill or clearing stockpiles to remain on site for more than
twenty-four L24.) hours. At the completion of a Project(s), Contractor shall remove all its waste
materials and rubbish from and about the Project(s) as well as its tools, construction equipment,
machinery and surplus materials. If Contractor fails to clean up during the prosecution of the
Work or at the completion of the Work, City may do so and the cost thereof shall be charged to
Contractor. If a dispute arises between Contractor and separate contractors as to their
responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors
responsible therefore as the Project Manager and/or Consultant shall determine to be just. All
combustible waste materials shall be removed from the Project(s) at the end of each day.
Cleaning operations should be controlled to limit dust and other particles adhering to existing
surfaces.
83. Removal of Equipment
In case of termination of this Contract before completion for any cause whatsoever, Contractor, if
notified to do so by City, shall promptly remove any part or all of Contractor's equipment and
supplies from the property of City. If the Contractor does not comply with City's order, the City
shall have the right to remove such equipment and supplies at the expense of Contractor.
84. Set -offs, Withholdings and Deductions
The City may set-off, deduct or withhold from any payment due the Contractor, such sums as may
be specifically allowed in the Contract or by applicable law including, without limitation, the
following:
• Any amount of any claim by a third party;
• Any Liquidated Damages; and/or
• Any unpaid legally enforceable debt owed by the Contractor to the City. -
The City shall notify the Contractor in writing of any such withholdings.
Any withholding, which is ultimately held to have been wrongful, shall be paid to the Contractor in
accordance with the Local Government Prompt Payment Act.
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85. Event of Default
An event of default shall mean a breach of the Contract or by the Contractor. Without limiting the
generality of the foregoing and in addition to those instances referred to herein as a breach, an
Event of Default, shall include but not limited to, the following:
• The Contractor has not performed the Work in a timely manner;
• 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;
• The Contractor has failed in the representation of any warranties stated herein;
• When, in the opinion of the City, reasonable grounds for uncertainty exist with respect
to the Contractor's ability to perform the Work, the City shall notify the Contractor in
writing that it must, within the time frame set forth in the City's request, provide adequate
assurances and a plan of action to the City, in writing, of the Contractor's ability to
perform in accordance with the terms of the Contract Documents. In the event that the
Contractor fails to provide to the City the requested assurances within the prescribed
time frame, the City may:
o Treat such failure as a repudiation of the Contract and/or;
o Resort to any remedy for breach provided herein or by law, including but not limited
to, taking over the performance of the Work or any part thereof either by itself or
through others.
• In the event the City may, at its sole discretion terminate the Contract for default, the
City or its designated representatives may immediately take possession of all applicable
documentation and data.
• Where the City erroneously terminates the Contract or for default, the terminations shall
be converted to a Termination for Convenience, and the Contractor shall have no further
recourse of any nature for wrongful termination.
86. Notice of Default -Opportunity to Cure
In the event that the City determines that the Contractor is in default of their obligations under the
Contract, the City may at its sole discretion notify the Contractor, specifying the basis for such
default, and advising the Contractor that such default must be cured within a specified time frame
or the Contract with the City may be terminated. The City is under no obligation to issue such
notification. The City may grant an extension to the cure period if the City deems it appropriate
and in the best interest of the City, without waiver of any of the City's rights hereunder. The City,
at its sole discretion, may have a default corrected by its own forces or another contractor and
any such costs incurred will be deducted from any sums due the Contractor under any contract
with the City.
87. Termination for Default
If Contractor fails to comply with any term or condition of the Contract Documents, or fails to
perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence
of a default hereunder which is not cured within the time specified to cure the default if one has
been granted by the City, the Director in addition to all remedies available to it by law, may
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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 87, Termination
for Convenience. The City in its sole discretion may terminate the Contract without providing the
Contractor a written notice to cure.
88. Remedies in the Event of Termination for Default
If a Termination for Default occurs, the Contractor and the bond provider, if applicable) shall be
notified of the effective date of the termination and shall be liable for all damages resulting from
the default, including but not limited to re -procurement costs and other direct damages
The Contractor shall stop Work as of the date of notification of the termination and immediately
remove all labor, equipment and materials (not owned or paid for by the City) from the Work Site.
The City assumes no liability for the Contractor's failure to remove such items from the Project(s)
site(s) as required.
The Contractor shall also remain liable for any liabilities and claims related to the Contractor's
default.
As an alternative to termination, the City may bring suit or proceedings for specific performance
or for an injunction
89. Termination for Convenience
In addition to cancellation or termination as otherwise provided for in the Contract, the City may
at any time, in its sole discretion, with or without cause, terminate the Contract by written notice
to the Contractor. Such Written Notice shall state the date upon which Contractor shall cease all
Work under the Contract and vacate the Project(s) site(s).
The Contractor shall, upon receipt of such notice, unless otherwise directed by the City:
• Stop all Work on the Project(s) on the date specified in the notice ("the
Effective Date");
• Take such action as may be necessary for the protection and preservation of the City's
materials and property;
• Cancel all cancelable orders for materials and equipment;
• Assign to the City and deliver to the site, or any other location specified by the Project
Manager, any non -cancelable orders for materials and equipment that can not otherwise
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be used except for Work under the Contract and have been specifically fabricated for
the sole purpose of the Work and not incorporated in the Work;
• Take no action that shall increase the amounts payable by the City under the Contract
Documents; and
• Take reasonable measures to mitigate the City's liability under the Contract Documents.
• All charts, sketches, studies, drawings, reports and other documents, including
electronic documents, related to Work authorized under the Contract, whether finished
or not, must be turned over to the City. Failure to timely deliver the documentation shall
be cause to withhold any payments due without recourse by Contractor until all
documentation is delivered to the City.
In the event that the City exercises its right to terminate the Contract pursuant to the Contract
Documents, the City will pay the Contractor:
• For the actual cost or the fair and reasonable value, whichever is less, of (1) the portion
of the Project(s) completed in accordance with the Contract through the completion date,
and (2) non -cancelable material(s) and equipment that is not of any use to the City
except in the performance of the Contract, and has been specifically fabricated for the
sole purpose of the Contract but not incorporated in the Work; and
• To the extent practical, the fair and reasonable value shall be based on the price
established as a result of the Contract. In no event, shall any payments under this
Paragraph exceed the maximum cost set forth in the Contract.
• The amount due hereunder may be offset by all payments made to the Contractor.
• AM 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 dues the Contractor under this Article, the
Contractor grants the City full use of the Work and any Work Product to complete the Project
and subsequently occupy the Project.
90. Resolution of Disputes
Contractor understands and agrees that all disputes between the Contractor 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 befor 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 Section 2, 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 of CITP,
as identified in Section 2, Article 4, Notices. Upon receipt of said notification, the Assistant Director
of CITP shall review the issues relative to the claim or dispute and issue a written finding.
Should the Contractor and the Assistant Director of CITP fail to resolve the dispute, the Contractor
shall submit their dispute in writing within five (5) calendar days to the Director of CITP. 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 of CITP shall review the issues relative
to the claim or dispute and issue a written finding.
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Contractor must submit any further appeal in writing within five (5) calendar days to the City
Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the
finding by the Contractor. Appeal to the City Manager for his/her resolution, is required prior to
Contractor being entitled to seek judicial relief in connection therewith. Should the amount of
compensation hereunder exceed one hundred thousand dollars ($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
nine y (90) days has expired where City Manager's decision is subject to City Commission
for approval; or
(iii) City has waived compliance with the procedure set forth in this Article by written
instrument(s) signed by the City Manager.
In the event the determination of a dispute under this Article is unacceptable to either party hereto,
the party objecting to the determination must notify the other party in writing within fourteen (14)
calendar days of receipt of the written determination. The notice must state the basis of the
objection and must be accompanied by a statement that any Contract price or Contract time
adjustment claimed is the entire adjustment to which the objecting party has reason to believe it
is entitled to as a result of the determination. Within sixty (60) calendar days after Final
Completion of the Work, the parties shall participate in mediation to address all objections to any
determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually
agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain
all their legal rights and remedies provided under State law. A party objecting to a determination
specifically waives all of its rights provided hereunder, including its rights and remedies under
State law, if said party fails to comply in strict accordance with the requirements of this Article.
91. Mediation -Waiver of Jury Trial
In an effort to engage in a cooperative effort to resolve conflict which may arise during the course
of the construction of a Project(s), and/or following the completion of the Project(s), the parties to
this Contract agree all unresolved disputes between them shall be submitted to non -binding
mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A
certified Mediator, who the parties find mutually acceptable, will conduct any Mediation
Proceedings in Miami -Dade County, State of Florida. The parties will share the costs of a certified
Mediator on a 50/50 basis. The Contractor agrees to include such similar contract provisions with
all Subcontractors retained for the Work, thereby providing for non -binding mediation as the
primary mechanism for dispute resolution.
In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to
jury trial or to file permissive counterclaims in any action arising under this Contract.
92. City May Avail Itself of All Remedies
The City may avail itself of each and every remedy herein specifically given to it now or existing
at law or in equity, and each and every such remedy shall be in addition to every other remedy
so specifically given or otherwise so existing and may be exercised from time to time and as often
and in such order as maybe 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.
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93. Permits, Licenses and Impact Fees
All applicable permit fees, including those assessed by the City, are the responsibility of the
Contractor. That includes alse any other permit fees not directly related to the actual construction
of the Project(s), including but not limited to, licenses, permits and fees, such as Permits for
dumpsters, job trailers, etc., which may be required by Miami -Dade County, the State of Florida,
or other governmental entities.
Except as otherwise provided within the Contract Documents, all permits and licenses required
by federal, state or local laws, rules and regulations necessary for the prosecution of the Work
undertaken by Contractor pursuant to the Contract Documents shall be secured and paid for by
Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of
Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is
to be performed for all persons working on the Project(s) for whom a Certificate of Competency
is required.
Impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor. Contractor
shall be reimbursed only for the actual amount of the impact fee levied by the public entity as
evidenced by an invoice or other acceptable documentation issued by the public entity.
Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY (e.g. Building
Department's Fees such as, Master Permit, Major Trades, Mechanical, Electrical, and Plumbing
Fees; Public Works Fees, such as Line and Grade, Excavation, Dewatering and NPDES Fees,
and Zoning Department's Fees) by virtue of this construction as part of the Contract shall be
reimbursed to the Contractor by the City through an Allowance Account set for herein, evidenced
by an invoice or other acceptable documentation issued by the public entity.
Permit Fees reimbursement to Contractor shall be for the actual amount and in no event shall
include profit or overhead of Contractor.
Permit fees related the Contractor's operations (e.g. permits for dumpsters, job trailers, etc.) are
not reimbursable.
94. Compliance with Applicable Laws
All work shall be constructed in accordance with the latest edition of the City of Miami's contract
documents and specifications, the City of Miami's Standards for Design and Construction as well
as the Miami -Dade County's Standard Details, and the 2007 Edition of the Florida Department of
Transportation Specifications Road and Bridge Construction.
The Contractor shall comply with the most recent editions and requirements of all applicable laws,
regulations, building and construction codes of the Federal government, the State of Florida, the
County, and the City.
The attention of the Contractor is directed to the requirements of the Florida Building Code and
the Codes of Miami -Dade County and the City of Miami, Florida, governing the qualifications for
Contractor and Subcontractor doing business anywhere in the City.
95. Independent Contractor
The Contractor is engaged as an independent business and agrees to perform Work as an
independent contractor. In accordance with the status of an independent contractor, the
Contractor_ covenants and agrees that the Contractor will conduct business in a manner consistent
with that status, that the Contractor will not claim to be an officer or employee of the 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.
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The Contractor's staff shall not be employees of the City, and the Contractor alone shall be
responsible for their Work, the direction thereof, and their compensation and benefits of any kind.
Nothing in the Contract shall impose any liability or duty on the City on account of the Contractor's
acts, omissions, liabilities or obligations of those of any person, firm, company, agency
association, corporation, or organization engaged by the Contractor as a subcontractor, expert,
consultant, independent contractors, specialist, trainee, employee, servant or agent or for taxes
of any nature, including, but not limited to: unemployment insurance; worker's compensation and
anti -discrimination, or workplace legislation of any kind. The Contractor hereby agrees to
indemnify and hold harmless the City against any such liabilities, even if they arise from actions
directed or taken by the City.
96. Third Party Beneficiaries
Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract.
Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no
third party shall be entitled to assert a claim against either of them based upon this Contract. The
parties expressly acknowledge that it is not their intent to create any rights or obligations in any
third person or entity under this Contract
97. Successors and Assigns
The performance of this Contract shall not be transferred pledged, sold, delegated or assigned,
in whole or in part, by the Contractor without the written consent of the City. It is understood that
a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale,
an assignment for the benefit of creditors shall each be deemed transactions that would constitute
an assignment or sale hereunder requiring prior City approval.
Any transference without City approval shall be cause for the City to nullify this Contract. Any
assignment without the City's consent shall be null and void. The Contractor shall have no
recourse from such cancellation. The City may require bonding, other security, certified financial
statements and tax returns from any proposed assignee and the execution of an assignment/
assumption agreement in a form satisfactory to the City Attorney as a condition precedent to
considering approval of an assignment.
The Contractor and the City each binds one another, their partners, successors, legal
representatives and authorized assigns to the other party of this Contract and to the partners,
successors, legal representatives and assigns of such party in respect to all covenants of this
Agreement.
98. Materiality and Waiver of Breach
City and Contractor agree that each requirement, duty, and obligation set forth in this Contract
Documents is substantial and important to the formation of the Contract Documents and,
therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of
such provision or modification of the Contract Documents. A waiver of any breach of a provision
of the Contract Documents shall not be deemed a waiver of any subsequent breach and shall not
be construed to be a modification of the terms of the Contract Documents.
99. Severability
In the event 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
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provision shall be made within seven (7) calendar days after the finding by the court becomes
final.
100. Applicable Law and Venue of Litigation
This Contract will be interpreted under the laws of the State of Florida, which will apply regardless
of choice of law principles. This Contract shall be enforceable in Miami -Dade County, Florida, and
if legal action is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade
County, Florida. The parties waive any objections to venue.
101, Amendments
No modification, amendment, or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document prepared with the same or similar formality as
this Contract and executed by the City Manager, Director or designee.
102. Entire Agreement
The Contract Documents, as they may be amended from time to time, represent the entire and
integrated Contract between the City and the Contractor and supersede all prior negotiations,
representations or agreements, written or oral. This Contract may not be amended, changed,
modified, or otherwise altered in any respect, at any time after the execution hereof, except by a
written document executed with the same formality and equal dignity herewith. Waiver by either
party of a breach of any provision of the Contract Documents shall not be deemed to be a waiver
of any other breach of any provision of the Contract Documents.
103. Nondiscrimination, Equal Employment Opportunity, and Americans with
Disabilities Act
Contractor shall not unlawfully discriminate against any person in its operations and activities or
in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall
affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in
the course of providing any services funded by City, including Titles I and II of the ADA (regarding
nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and
standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in
employment against disabled persons.
Contractor's decisions regarding the delivery of services under the Contract Documents shall be
made without regard to or consideration of race, age, religion, color, gender, sexual orientation,
national origin, marital status, physical or mental disability, political affiliation, or any other factor
which cannot be lawfully used as a basis for service delivery.
104. Evaluation
Contractor acknowledges that upon completion of the Work under the Contract Documents
and/or at any other time deemed appropriate by the City, a performance evaluation report will be
completed by the City. A copy of each performance evaluation shall also be forwarded to the
Contractor. The performance evaluations will be kept in City files for evaluation on future
solicitations.
105. Commodities manufactured, grown or produced in the City of Miami, Miami -Dade
County and the State of Florida
Whenever two (2) 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
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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).
Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without
limitation: (1) keep and maintain public records that ordinarily and necessarily would be required
by the City to perform this service; (2) provide the public with access to public records on the
same terms and conditions as the City would at the cost provided by Chapter 119, Florida
Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or
confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet
all requirements for retaining public records and transfer, at no cost, to the City all public records
in its possession upon termination of this Agreement and destroy any duplicate public records
that are exempt or confidential and exempt from disclosure requirements; (5) All electronically
stored public records must be provided to the City in a format compatible with the City's
information technology systems.
The Contractor agrees to maintain an accounting system that provides for accounting records
that are supported with adequate documentation and adequate procedures for determining
allowable costs.
Contractors shall develop the proper forms and reports acceptable to the City for the
administration and management of the Contract Documents.
109. No Interest
Any monies not paid by City when claimed to be due to Contractor under the Contract Documents,
including, but not limited to, any and all claims for damages of any type, shall not be subject to
interest including, but not limited to prejudgment interest. However, the provisions of Section
218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid and
proper invoices.
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110. Payments Related to Guaranteed Obligations
The City may withhold from any payments to be made such sums as may reasonably be
necessary to ensure completion of the Project(s) with respect to defective Work, equipment or
materials which may be identified by the Project Manager.
The City may deduct from any payment due the Contractor an amount equal to its cost incurred
on account of the Contractor's failure to fully perform its obligations under the Contract.
The Project Manager, prior to withholding or deducting any monies hereunder, shall give the
Contractor notice of the defective Work, equipment or material and the basis for the withholding
or deduction.
Upon the Project Manager's determination that the Contractor has fulfilled its obligations, the City
will pay the Contractor any monies owed, subject to Contractor's submission of, or compliance
with, any remaining documentation or obligation, as the case may be, in accordance with the
Contract Documents
111. Consent of City Required for Subletting or Assignment
If the Contractor assigns, transfers, sublets or otherwise disposes of the Contract or its right, title
or interest in or to the same or any part thereof without the previous consent in writing of the City,
such action shall be an Event of Default. Nothing herein shall either restrict the right of the
Contractor to assign monies due to, or to become due or be construed to hinder, prevent or affect
any assignment by the Contractor for the benefit of its creditors, made pursuant to applicable law.
112. Agreement Limiting Time in Which to Bring Action Against the City
In the event the Contractor may be deemed to have a cause of action against the City, no action
shall lie or be maintained by the Contractor against the City upon any claim arising out of or based
upon the Contract Documents by reason of any act or omission or requirement of the City or its
agents, unless such action shall be commenced within six (6) months after the date of issuance
of a final payment under the Contract, or if final payment has not been issued within six (6) months
of substantial completion of the Work or upon any claim relating to monies required to be retained
for any period after the issuance of the said certificate, unless such action is commenced within
six (6) months after such monies become due and payable under the terms of the Contract
Documents, or if the Contract is terminated or declared abandoned under the provisions of the
Contract unless such action is commenced within six (6) months after the date of such termination
or declaration of abandonment by the City.
113. Defense of Claims
Should any claim be made or any legal action brought in any way relating hereto or to the Work
hereunder, except as is covered by the provisions of the General Terms and Conditions §6
("Indemnification") the Contractor shall diligently render to the City, after additional compensation
is mutually agreed upon, any and all assistance which the City may require of the Contractor.
Additional compensation will only be furnished relative to the costs of any corrective Work as
defined in the General Terms and Conditions §1 which is not the fault of the Contractor, the
Contractor will be responsible for payment of attorney's fees and costs incurred in defense of the
Contractor and of the City.
114. Contingency Clause -
Funding for this Contract is contingent on the availability of funds and continued authorization for
program activities and the Contract is subject to amendment or termination due to lack of funds,
reduction of funds and/or change in regulations, upon thirty (30) days' notice.
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115. Mutual Obligations
This document, change order, field directive, and written clarifications issued under the Contract,
and the Contractor's submittals, shall constitute the Contract Documents between the parties with
respect hereto and supersedes all previous communications and representations or agreements,
whether written or oral, with respect to the subject matter hereto unless acknowledged in writing
by their duly authorized representatives.
Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any third party
that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or
statutory control) to a party.
In those situations where the Contract Documents imposes an indemnity obligation on the
Contractor, the City may, at its expense, elect to participate in the defense of the claim if the City
should so choose. Furthermore, the City may, at its own expense, defend or settle any such claim
if the Contractor fails to diligently defend such claim, and thereafter seek indemnity for such cost
from the Contractor.
116. Contract Extension
The City reserves the right to exercise its option to extend the Contract for up to ninety (90)
calendar days beyond the original Contract period. In such event, the City will notify the
Contractors in writing of such extensions.
117. Non -Exclusivity
It is the intent of the City to enter into a Contract with all successful Bidders that will satisfy its
needs as described herein. However, the City reserves the right, as deemed in its best interest,
to perform, or cause to be performed, the Work and services, or any portion thereof, herein
described in any manner it sees fit, including but not limited to: award of other contracts, use of
any contractor, or perform the Work with its own employees.
118. Nature of the Agreement
The Contractor shall provide the services set forth in the Contract Documents. The Contractor
shall provide full and prompt cooperation with the City in all aspects of the Work to be performed.
The Contractor acknowledges that the Contract Documents require the performance of all things
necessary for or incidental to the effective management and performance of a Project(s). All
things not expressly mentioned in the Contract Documents, but necessary to carrying out its intent
are required by the Contract Documents, and the Contractor shall perform the same as though
they were specifically mentioned, described and delineated.
The Contractor shall furnish all labor, materials, tools, supplies and other items required for the
completion of the Contract. All Work shall be accomplished at the direction of and to the
satisfaction of the Project Manager.
119. Contract Documents Contain all Terms
The Contract Documents and all documents incorporated herein by reference contain all the
terms and conditions agreed upon by the parties hereto, and no other agreement, oral or
otherwise, regarding the subject matter of the Contract Documents shall be deemed to exist or to
bind any of the parties hereto, or to vary any of the terms contained herein.
120. Survival
The parties acknowledge that any of the obligations in the Contract Documents will survive the
term, termination and cancellation hereof. Accordingly, the respective obligations of the
Contractor and the City under the Contract, which by nature would continue beyond the
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termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration
thereof,
121. Disclosure of State Funding, if applicable
If State funds are being used by the City to pay for this work, the City shall 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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Section 3 - Supplemental Terms and Conditions
Contract Time & Hours
The Contractor shall furnish all labor, materials, equipment, tools, services, and incidentals to
complete all Work at a rate of progress that will ensure completion of the Work within the Contract
Time.
Contractor shall have one hundred eighty (180) calendar days to achieve Substantial Completion
from the date that the Notice to Proceed is issued. Contractor shall have an additional forty-five
(45) calendar days to achieve Final Completion of the Contract.
Work shall be performed Monday through Friday from 8:00 am to 6:00pm. Any Work to be
performed outside of these times must be requested in writing to the Project Manager forty-eight
148) hours prior to the requested change. The Project Manager will notify the Contractor in writing
of any changes in approved Work hours.
2. Progress Payments
Mobilization Partial Payments:
When the proposal includes a separate pay item for Mobilization and the Notice to Proceed has
been issued, partial payments will be made in accordance with the following:
For contracts of one hundred twenty (120) contract days duration or Tess, partial payment will be
made at fifty percent (50%0) of the bid price per month for the first two (2) months. For contracts
in excess of one hundred twenty (120) contract days duration, partial payment will be made at
twenty-five percent ;(25%0.) of the bid price per month for the first four L4) months. In no event shall
more than fifty percent 150%) of the bid price be paid prior to commencing construction on the
project site.
Total partial payments for Mobilization on any project, including when more than one (1) project
or job is included in the Contract, will be limited to ten percent (10%) of the original Contract
amount for that project. Any remaining amount will be paid upon completion of all work on the
Contract.
Retainage will be applied to all partial payments.
Partial payments made on Mobilization will in no way act to preclude or limit any of the provisions
for partial payments otherwise provided for by the Contract.
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.
Contractors will be paid based on the line item breakdown, contained in the Contractor's Bid Form,
with payments based on actual Work performed. All applications shall be submitted in triplicate
and the Contractor shall only use the City's Contractor Payment Application Form. Where the time
frame for completion of the Work is less than or equal to one (1) 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 Section 3, 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.
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City may withhold, in whole or in part, payment to such extent as may be necessary to protect
itself from loss on account of:
® Defective Work not remedied.
■ Claims filed or reasonable evidence indicating probable filing of claims by other parties
against Contractor or City because of Contractor's performance.
■ Failure of Contractor to make payments properly to Subcontractors or for material or
labor.
■ Damage to another contractor not remedied.
■ Liquidated damages and costs incurred by City and/or Consultant for extended
construction administration.
® Failure of Contractor to provide any and all documents required by the Contract
Documents.
In instances where multiple Project are awarded the Contractor shall submit separate applications
for Payment for each Project.
When the above grounds are removed or resolved satisfactory to the Project Manager, payment
shall be made in whole or in part.
The City will pay, and the Contractor shall accept as full compensation for the Work, the sums
specified in the Contractor's submittal to the Contract Documents, as accepted by the City.
Contractor may be paid for materials or equipment purchased and stored at the Project(s) Site(s)
or another location. Where a payment request is made for materials or equipment not
incorporated in the Project(s), but delivered and suitably stored at the site or at some other
location agreed upon in writing, the written documentation must be submitted at the time of
request for payment. Payment shall be conditioned upon submission by the Contractor of paid
invoices and an executed Material Purchased/Stored On -Premises form to establish the City's
title to such materials or equipment, or otherwise protect the City's interest, including applicable
insurance in the name of City and transportation to the site.
Contractor retains sole liability to replace such stored materials or equipment as a result of
damage or loss for any reason.
3. Liquidated Damages
The Contractor is obligated and guarantees to complete the Project in the time set forth in the
Contract Documents or any approved extension of time the Contractor shall pay to the City
liquidated damages as follows. In the event of a delay in completion beyond the timeframe set
forth in the Contract Documents for Substantial Completion the Contractor shall pay to the City
for each and every calendar day of unexcused delay, the sum of Two Thousand, Eight Hundred,
Seventy -Six Dollars ($2,876.00) 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 additional sum One Thousand, Four Hundred, Thirty -
Eight dollars ($1,438.00) 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
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consider this as a form of indebtedness and may deny any future Work under the Contract or any
other City contract until such indebtedness is paid in full to the City.
The City shall notify the Contractor that it is incurring liquidated damages.
4. Schedule of Values
The Contractor must submit three (3) copies of a Schedule of Values, which must be submitted
within ten (10) calendar days of the issuance of the Notice to Proceed. The Schedule of Values
shall indicate a complete breakdown of labor and material of all categories of Work on the Project.
Contractor's overhead and profit should be as separate line items. Each line item shall be
identified with the number and title of the major specification section or major components of the
items. The Project Manager or Consultant may require further breakdown after review of the
Contractor's submittal The City reserves the right to require such information from the Contractor
as may be necessary to determine the accuracy of the Schedule of Values. The combined total
value for mobilization under the Schedules of Values shall not exceed five percent 05%) of the
value of the Contract.
The approved schedule of values shall be updated through the submittal of the City's Contractor
Payment Application Form.
5. Proiect Schedules
Contractor shall submit a proposed Project schedule as follows:
■ Schedule identifying all tasks within the critical path. The proposed Project schedule
shall be submitted within ten (10) calendar days of the Notice of Award and such
submittal shall be subject to the Project Manager and Consultant's review.
Subsequent to such review of said schedule the Contractor shall establish said
schedule as the baseline schedule.
■ All updates of schedules shall be tracked against the baseline schedule and shall be
at a minimum submitted with each pay application. An updated schedule against the
baseline shall also be submitted upon execution of each change order that impacts
the Contract Documents Time for completion. Failure to submit such schedules shall
result in the rejection of any submitted payment application.
■ All Project Schedules shall be prepared in Microsoft Project 2003 or later unless
otherwise approved by the Project Manager. At the time of submission of schedules
Contractor shall submit a hard copy as well as an electronic version. Such electronic
version shall not be submitted in a .pdf format and shall be capable of being
incorporated in to the City's baseline schedules.
■ Subsequent to review of the initial schedule submission the Contractor shall establish
the reviewed schedule as the "baseline schedule". Contractor shall then prepare and
submit all updates to the schedules utilizing the tracking mode within Microsoft Project.
6. Release of Liens/Subcontractor's Statement of Satisfaction
The Contractor warrants and guarantees that title to all Work, materials and equipment covered
by an application for payment, whether incorporated in the Project(s) or not, will pass to the City
upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security
interests or encumbrances and that no Work, materials or equipment will have been acquired by
the Contractor or by any other person performing Work at the site or furnishing materials and
equipment for the Project(s), subject to an agreement under which an interest therein or an
encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such
other person.
The Contractor shall, beginning with the second request for payment, attach a Partial Release of
Lien/Subcontractor's Statement of Satisfaction for each application for payment. Failure to submit
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such documentation may delay payments. The City may, in its sole discretion withhold payments
for Work performed by Subcontractor where no release of lien has been submitted. The
Contractor shall submit with the final payment request, for any Project(s) where subcontractors
have performed Work, a Final Release of Lien/Subcontractor's Statement of Satisfaction for each
Subcontractor marked as a final. Failure to submit such documentation will result in delay in
payment or the City withholding from the final payment such funds as necessary to satisfy any
Subcontractor claims.
Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in lieu of
the Release of Lien/Subcontractor's Statement of Satisfaction, submit Consent of Surety to
Requisition Payment,
Contractor must use City Release of Lien, Affidavit and Consent of Surety forms or the
Application for Payment will be rejected.
7. Progress Meetings
The City shall conduct a pre -construction conference prior to the commencement of the Work.
Contractor shall hold progress and coordination meetings as required by the Project Manager or
Engineer, to provide for the timely completion of the Work.
Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with the
Project Manager and/or Consultant. Contractor shall use the job site meetings as a tool for the
pre -planning of Work and enforcing schedules, and for establishing procedures, responsibilities,
and identification of authority for all parties to clearly understand. During these meetings,
Contractor shall identify the party or parties responsible for following up on any problems, delay
items or questions, and Contractor shall note the action to be taken by such party or parties.
Contractor shall revisit each pending item at each subsequent meeting until resolution is
achieved. Contractor shall attempt to obtain from all present any potential problems or delaying
event known to them for appropriate attention and resolution. Contractor shall be responsible for
keeping minutes of the meeting and distribution of the minutes to all parties in attendance.
The Contractor shall arrange for the participation of its subcontractors and/or vendors when the
Project Manager requires their presence.
The Contractor shall maintain minutes of the meeting and distribute copies of the minutes to all
parties in attendance. The Contractor shall prepare and distribute to Project Manager and the
Consultant an updated two -week look -ahead schedule of construction activities and submittals.
8. Request for Information
The Contractor shall submit a Request for Information (RFI) where the Contractor believes that
the Contract Document's specifications or drawings are unclear or conflict. All requests must be
submitted in a manner that clearly identifies the drawing and/or specification section where
clarification or interpretation is being requested. As part of the RFI, Contractor shall include its
recommendation for resolution. The Consultant and City's Project Manager shall respond in
writing.
9. Project Site Facilities
The Contractor shall arrange for all Project(s) site facilities as maybe necessary to enable the
Project Manager or Consultant to perform their respective duties and to accommodate any
representatives of the City which the City may choose to have present at the Project(s).
Contractor's, Subcontractor's, supplier's, material persons personnel shall not use the City
restrooms that may be available at the Project(s) site without the prior consent of the manager of
the facility or the Project Manager where there is no manager of a facility. The Contractor shall
provide and maintain at his own expense, in a sanitary condition, such accommodations for the
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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
Subcontractors 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 Subcontractors'
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.
Contractor is required to provide any necessary temporary utilities to the site, such as electric,
water, and sanitary services to the site for new construction or additions to a facility. The Project
Manager may authorize the use of existing utilities. Such decision will be made at the sole
discretion of the Project Manager and the City.
The Contractor shall be required to obtain all necessary permits required for any Project(s) site
facilities. Contractor shall also be responsible to maintain such facilities in a safe and working
condition.
All such facilities remain the property of the Contractor and the Contractor shall be responsible
for removal and disposal of such facilities prior to Final Acceptance.
10. Inspection of Work
Contractor shall notify the Project Manager and Consultant at least forty-eight 148) hours prior to
commencing Work on the following:
• Storm Drain
• Subgrade — submit and have approved densities prior to placement of rock
• Limerock Base — submit and have approved densities and as-builts prior to placement of
any asphalt
11. Security
The site where the Work is to be performed may not be a secure site and the public may have
access to the site. The Contractor shall have sole responsibility for the security of all Work
materials, tools, equipment and Work at the Project(s) site. The City shall not be liable for any
damage or loss to such materials, tools, equipment and Work and the Contractor shall be
responsible for the repair or replacement of all Work such materials, tools, and equipment.
12. Construction Signa to
Where required by the Contract Documents the Contractor shall provide construction signage.
The City shall provide the Contractor the wording and layout for the signs at the pre -construction
conference. The Contractor shall furnish the two City signs at the Project(s) Site(s) as follows:
• The first sign shall be four 14) feet wide and eight 18) feet high and constructed of pressure
sensitive two 12) mil cast vinyl overmounted with three L3) mil mylar and mounted to one
11) MDO with painted back. The sign shall be mounted on four 14) inch square wood or
perforated "U" channel metal posts painted white, and be readable at eye level. The colors
to be used on the sign are as follows: the background shall be white with blue lettering;
the seal shall be white and gold with blue lettering form.
• The second sign shall reflect other funding sources for the Project and shall reflect the
Project information. The sign shall be four 14') feet wide by eight (8°) feet high by 3/ inch
(thick) exterior plywood, suitably mounted and readable at eye level. The colors shall be
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blue and white. The background shall be white and all lettering shall be blue Helvetica.
All paint shall be rated outdoor enamel. The City will provide the City Seal in decal form.
• The Contractor shall also post appropriate construction site warning signs at the Work
Site. Such signs shall be posted to warn pedestrian and vehicle traffic. Signage shall also
be placed waterside to alert boater to the construction zone, requiring idle speed and a
minimum clearance distance. Contractor shall provide drawings for the signage, which
shall be subject to approval by the Consultant.
• The Project Manager and the City shall approve the locations for all signage.
13. Construction Photographs
Contractor shall submit with each application for payment photographs that accurately reflect the
progress of the work. Contractor shall submit once copy of each photograph in print and digitally.
The photographs shall be printed on 3"X10" high resolution glossy single weight color print paper.
Each photograph will also reflect the date and time the picture was taken. Aerial photographs will
be taken on a bi-monthly basis.
14. City Furnished Property
Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc., when
directed to by the Project Manager or Consultant and shall reinstall or provide to the City as
directed.
15. Geotechnical Testing — Intentionally Omitted
16. Field Layout of the Work and Record Drawings for Drainage Projects
The Contractor through the services of a State of Florida Registered Professional Surveyor and
Mapper (P.S.M.), shall establish the line and benchmarks and other reference points for the
installation of the pipeline or structure
For pipelines, this will consist of establishing all points of bend (but not necessarily bevel pipe
unless in close proximity to other facilities), valves, tees, crosses and other stations not more than
100 feet apart along the proposed centerline of the pipe, or along a stationed offset line as shown
on the Plans, marked by a nail in a metal cap if in pavement, with the station painted nearby or
by a nail in the top of a wooden stake driven flush with the ground with the station marked on a
flag stake nearby, if not in pavement.
For structures, this will consist of base lines, stakes at corners, centers and center lines, auxiliary
lines and a bench mark from which to establish the elevations,
The Contractor shall make his equipment and men available to the Inspector for spot-checking
the accuracy of the Work. The Project Manager or Consultant shall require the Work to be brought
within the tolerances specified elsewhere before backfill is placed or the construction is otherwise
hidden.
The entire responsibility for establishing and maintaining line and grade in the field lies with
Contractor. Contractor shall maintain an accurate and precise record of the location and elevation
of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and other
Work and shall prepare record or "as -built" drawings of the same which are signed and sealed by
a State of Florida Registered Professional Surveyor and Mapper (P.S.M.). Contractor shall deliver
these records in good order to Project Manager or Consultant as the Work is completed. The
Contractor shall supply the Consultant with a copy of the Registered Land Surveyor's layout of
the Work immediately upon its availability to his own forces. The cost of all such field layout and
recording work is included in the prices bid for the appropriate items. All record drawings shall be
made on reproducible paper and shall be delivered to Project Manager or Consultant prior to, and
as a condition of, final payment.
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During the entire construction operation, the Contractor shall retain the services of a State of
Florida Registered Professional Surveyor and Mapper (P.S.M.) who shall maintain records of the
installation, including all deviations from the plans and specifications by obtaining "As -built"
dimensions and elevations. The surveyor shall prepare record as -built drawings showing correctly
and accurately all changes and deviations made during construction, including approved
construction variances to reflect the Work as it was actually constructed. "As -Built" drawings shall
be submitted to the City on a monthly basis.
Recording of Project Record
• Record all information for pipeline projects and on -site projects concurrently with
construction progress.
▪ Do not conceal any work until as -built information is recorded by the Contractor and the
City.
• All locations for future connections or tie-ins shall be left unburied and uncovered until the
City's surveying forces obtain and record the as -built information. This is in addition to the
Contractor's recorded information.
• Restrained pipe, end line valves, thrust blocks need to be left uncovered for the last
complete length. Inline valves and tees shall be left exposed for ong 11) length on both
sides plus the face end. Record the elevation, deviation from horizontal and vertical
alignment and the inclination for these items.
• Maintain records of all pipeline Project and on -site Project deviations from Drawings and
Specifications by a Florida Registered Professional Surveyor and Mapper (P.S.M.).
• For Pipe Installation In All Pipeline Projects and On -site Projects: During entire
construction operation retain the services of a State of Florida Registered Land Surveyor
(FRLS) who shall maintain records of the installation, including all deviations from
Drawings and Specifications.
• (FRLS) shall record as -built dimensions and elevations every twenty-five feet (25') or
portion thereof along pipeline and at every abrupt change in direction of the new line.
• (FRLS) shall record locations and elevations for each valve, fitting, service line, fire
hydrant, water sampling point, and also for above ground piping and other appurtenances
along the pipeline. Specific locations and elevation of equipment, the buildings and
miscellaneous items installed inside them shall be recorded as applicable.
• Contractor's FRLS shall prepare as -built record drawings showing correctly and accurately
the installation, embracing all changes and deviations made during construction, including
all approved construction variances, to reflect the work as it was constructed.
• Record Drawings shall be prepared on four (4)-mil mylar as specified hereinafter. Record
Drawings and three (3) blue line copies shall be signed and sealed by the Surveyor and
shall be submitted to the City for the Project Manager's or Consultant's review within ten
(10) calendar days following the completion date of successful pressure testing of all
mains and appurtenances under the Contract Documents
• If the Consultant determines that the Drawings are not acceptable, they will be returned
to the Contractor with a cover letter noting the deficiencies and/or reasons for the
disapproval. Contractor shall have ten (10) calendar days to correct all exceptions taken
by the Project Manager or Consultant and resubmit as -built record drawings to the
Consultant for final acceptance.
Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City,
Contractor's record drawings or as -built drawings acceptable to Project Manager or Consultant.
17. Survey Work for Drainage Projects
The Contractor shall retain or employ a FRLS to lay out all storm sewer construction and provide
final measurements.
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At the Project pre -construction meeting, to be attended by the Contractor's FRLS, the Contractor
will be provided a packet of information, from the City, showing the format to be utilized. The
Contractor is advised that the survey work, including required final measurements, shall be
according to City Standards and are an integral part of the Project. The Project shall not be
considered complete until the final measurements are approved by the City.
18. E-Verify — Mandatory Use
Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Contractor during the term of the Contract
and shall expressly require any subcontractors performing work or providing services pursuant to
the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor during the
Contract term.
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BID FORM (Page 1 of 11)
Section 4 - Bid Form
Submitted:
City of Miami, Florida
Office of the City Clerk
City Hall, 1st Floor
3500 Pan American Drive
Miami, Florida 33133-5504
Date
The undersigned, as Bidder, hereby declares that the only persons interested in this Bid as principal are
named herein and that no person other than herein mentioned has any interest in this bid or in the
Contract to be entered into; that this Bid is made without connection with any other person, firm, or parties
making a Bid; and that -it is, in all respects, made fairly and in good faith without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself fully of all
conditions pertaining to the place where the Work is to be done; that it has examined the Contract
Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below;
and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid
Guaranty; and all other required information with the Bid; and that this Bid is submitted voluntarily and
willingly.
The Bidder agrees, if this Bid is accepted, to contract with the City, a political subdivision of the State of
Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary
materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to
construct and complete within the time limits specified the Work covered by the Contract Documents for
the Project(s) entitled:
Bid No: 15-16-037
Title: Curtis Park Environmental Remediation Project — D1
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form
of security, if permitted by the City, each for not less than the total Bid price plus alternates, if any, and
to furnish the required Certificate(s) of Insurance.
The undersigned further agrees that the Bid guaranty accompanying the Bid shall be forfeited if Bidder
fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or
fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified
of the award of the Contract.
In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected
by the City. In the event of a discrepancy between the price Bid in figures and the price Bid in words, the
price in words shall govern. Bidder agrees that any unit price listed in the Bid is to be multiplied by the
stated quantity requirements in order to arrive at the total.
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BID FORM (Page 2 of 11)
Note: Bidders are bidding on estimated quantities for the purpose of determining the lowest responsive
and responsible bidder. Payments will be made based on unit prices of actual quantities installed. Where
a discrepancy exists between the unit price and the extended price the unit price will prevail. Where there
is a discrepancy between the numerical and written Bid Amount, the written Bid Amount will prevail. City
Form SU must be submitted with your bid. The SU Form can be found posted on the webpage
with the bid documents.
Our Bid Amount Includes the total cost for the Work specified in this solicitation, consisting of furnishing
all materials, labor, equipment, supervision, mobilization, overhead & profit required in accordance with
the Bid Specifications.
TOTAL B/D
CONSTRUCTION COST. $
Written Total Bid Construction Cost
CLASS I LANDFILL TO BE USED FOR CONTAMINATED MEDIA:
c
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BID FORM (Page 3 of 11)
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CURTIS PARK ENVIRONMENTAL REMEDIATION PROJECT - D1 B-40610
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BID FORM (Page 4 of 11)
Part I: DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS HI AND
IV (If applicable)
Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid:
Addendum No. 1, Dated
Addendum No. 2, Dated
Addendum No. 3, Dated
Addendum No. 4, Dated
Part II: No addendum was received in connection with this Bid.
Part III; Certifications
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall
comply with all the stated requirements.
1. Community Small Business Enterprise ("CSBE") Requirements
Bidder certifies that it has read and understood the provisions of City of Miami Ordinance 13331,
codified as Section 18-89 of the City Code, pertaining to the implementation of a "Community Small
Business Enterprise" requirement. Evaluation of bidder's responsiveness to Ordinance Section
13331 shall be a consideration in the award of a contract.
2. Non -Collusion
Bidder certifies that the only persons interested in this Bid are named herein; that no other person
has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without
connection or arrangement with any other person. Bidder certifies that the selected independent
third -party verifier will verify and certify compliance data and reports honestly and accurately; and
3. Drug Free Workplace
The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the Bidder's workplace,
and specifying the actions that will be taken against employees for violations of such prohibition;
(2) Establishing a continuing drug -free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug -free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(3) Giving all employees engaged in performance of the Contract acpy of the statement required
by subparagraph (1);
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BID FORM (Page 5 of 11)
(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a
condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute
for a violation occurring in the workplace no later than five (5) calendar days after such
conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision
(4) (ii) above, from an employee or otherwise receiving actual notice of such
conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction,
taking one of the following actions with respect to an employee who is convicted of a drug abuse
violation occurring in the workplace:
(7)
(i) Taking appropriate personnel action against such employee, up to and including
termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health,
law enforcement, or other appropriate agency; and
Making a good faith effort to maintain a drug -free workplace program through
implementation of subparagraphs(1) through (6); and
4. Lobbying
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
(3) This undersigned shall require that the language of this certification be included in the award
documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts
under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a pre -requisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
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BID FORM (Page 6 of 11)
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure; and
* Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to
covered contract/grant transactions over $100,000 (per QMB).
5. Debarment, Suspension and Other Responsibility Matters
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from covered transactions by any Federal department or agency.
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or falsification or destruction of records, making false statements, or receiving stolen
property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b
of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
(e) In addition, factors to be considered in determining responsibility of prospective contractual
parties shall include but not be limited to:
(1) Bidder does have availability of appropriate financial, material, equipment, facility, and
personnel resources and expertise, or the ability to obtain them, to meet all contractual
requirements;
(2) Bidder does have a satisfactory record of performance;
(3) Bidder does have a satisfactory record of integrity;
(4) Bidder does possess qualified legal standing to contract with the City;
(5) Bidder will be in compliance in supplying all requested information connected with the
inquiry concerning responsibility;
(f) Bidder has not had a termination, suspension, or cancellation of a City contract, in whole or
in part, for cause, due to a default by the Bidder or Offeror, within the past five (5) years,
which has not been reversed on appeal by a court of competent jurisdiction; or
(g) Bidder has not withheld a payment or nonpayment of moneys due the City from the Bidder
or Offeror, within the past five (5) years, unless the full amount of such moneys due the City
(h) have Have been deposited with a court of competent jurisdiction in Miami -Dade County,
Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court", as
amended, or other applicable Federal, State or Local Rules of Court, and are subject to
distribution to the City or withdrawal by the City by order of the court.
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(i) The Bidder shall provide any information requested by the chief procurement officer or
purchasing agent concerning responsibility. If such contractual party fails to provide the
requested information, the determination of responsibility may be made upon available
information or the prospective contractual party may be found nonresponsible. The
prospective contractual party may demonstrate the availability of necessary financial,
equipment, facility, and personnel resources by submitting:
(1) The bidder will, upon request, furbish evidence that the contractual party possesses
such necessary resources;
(2) Bidder affirms it has acceptable plans to subcontract for such necessary resources; or
(3) Bidder will, upon request, submit a documented commitment for, or explicit arrangement
with, satisfactory sources to provide such necessary resources.
Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder
shall submit an explanation to the City of Miami in writing.
6. Local Workforce Participation Requirements
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
(a) have Have read and understood the provisions of City of Miami Ordinance 13332,
codified as Section 18-89 of the City Code pertaining to the local workforce
participation requirements on a quarterly basis;
(b) have Have identified in City Form Subcontractor Utilization ("SU") a third
party independent who verifies and is properly licensed under the provisions of F.S.
454,471,473, or 481 and who is not with the contractor; and
(c) the The selected third party, who independently verifies compliance with this
section, must have a minimum of two (2) years of experience as required in Ordinance
No. 13332, codified as Section 18-89 of the City Code;
Part IV; Certification — Trench Safety Act
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of Section 553.60, et. seq.,
Florida Statutes, the Trench Safety Act, and will comply with all applicable trench safety standards. Such
assurance shall be legally binding on all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable
trench safety standards.
Bidder acknowledges that included in the various items of the proposal and in the total Bid price are costs
for complying with the Florida Trench Safety Act. These items are a breakout of the respective 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.
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BID FORM (Page 8 of 11)
The. Bidder further identifies the costs and methods summarized below:
Quantity Unit
Description Unit Price Price Extended Method
Total $
Attached is a Bid Bond [ ], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ],
Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ]
No. Bank of for the sum of
Dollars ($ ).
The Bidder hereby acknowledges and affirms to the contents of this Bid Form and its' response(s) thereto
including without limitations Part I through IV have been, read, understood, and agree to by signing and
completing the spaces provided below.
Bidder's Name:
Signature:
Printed Name/Title:
City/State/Zip:
Telephone No.:
Facsimile No.:
Social Security
No. or Federal
I.D.No.:
E-Mail Address:
Dun and
Bradstreet No.:
If a partnership, names and addresses of partners:
(if applicable)
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CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
a corporation organized and existing under the laws of the State
of , held on the _day of , a resolution was duly passed and adopted
authorizing (Name) as (Title) of the corporation to
execute bids on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of
the corporation, shall be the official act and deed of the corporation. I further certify that said resolution
remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Secretary:
Print:
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
, a partnership organized and existing under the laws of the
State of , held on
authorizing (Name)
of the partnership and provides that
deed of the partnership.
the day of , a resolution was duly passed and adopted
as (Title) of the to execute bids on behalf
his/her execution thereof, attested by a partner, shall be the official act and
I further certify that said partnership agreement remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Partner:
Print:
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing this Bid is
authorized to sign Bid documents on behalf of the joint venture. If there is no joint venture agreement
each member of the joint venture must sign the Bid and submit the appropriate Certificate of Authority
(corporate, partnership, or individual).
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CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name) , individually and doing
business as (d/b/a) (If Applicable) have executed and
am bound by the terms of the Bid to which this attestation is attached.
Signed:
Print:
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
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BID FORM (Page 11 of 11)
NOTARIZATION
STATE OF )
SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20 , by , who is personally known to me or who has
produced as identification and who (did / did not) take an oath.
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
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Section 5- Attachments
BID BOND FORM (Page 1 of 3)
State of Florida )
County of Dade )SS:
City of Miami )
KNOWN ALL PERSONS BY THESE PRESENTS, that as Principal, _
as Surety, are held and firmly
bound unto The City of Miami, in the penal sum of Dollars ($ ) lawful
money of the United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the
accompanying Bid, dated , 20, for:
CURTIS PARK ENVIRONMENTAL REMEDIATION PROJECT - Di
PROJECT NO. B-40610
NOW THEREFORE:
(a)
If the Principal shall not withdraw said Bid within one hundred twenty (120) days after date of
opening the same, and shall within ten (10) days after the prescribed forms are presented to him
for signature, enter into a written Contract with the City, in accordance with the Bid as accepted,
and give bond with good and sufficient Surety or Sureties, as may be required, for the faithful
performance and proper fulfillment of such Contract; or,
(b) In the event if the withdrawal of said Bid within the period specified, or the failure to enter into
such Contract and give such bond within the time specified, if the Principal shall pay the City the
difference between the amount specified in said Bid and the amount for which the City may
procure the required Work and supplies, if the latter amount be in excess of the former, then the
above obligation shall be void and of no effect, otherwise to remain in full force and virtue.
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BID BOND FORM (Page 2 of 3)
IN WITNESS WHEREOF, the above bound parties have executed this instrument under
their several seals, this day of
the name and corporate seal of each party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
WITNESS: (If Sole Ownership,
Partnership, or Joint Venture,
two (2) Witnesses are required.
If Corporation, Secretary
only will attest and affix seal.)
PRINCIPAL:
(Name of Firm)
Affix
Seal
(Signature of authorized officer)
(Title)
(Business Address).
City State Zip
Surety:
(Corporate Surety)
Affix
Seal
Surety Secretary (Signature of Authorized Officer)
(Title)
(Business Address)
City
State Zip
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BID BOND FORM (Page 3 of 3)
CERTIFICATE AS TO CORPORATE PRINCIPAL
, certify that I am the Secretary of the
Corporation named as Principal in the within bond; that of said
corporation; that I know his signature, and the signature hereto is genuine; and that said bond was duly
signed, sealed and attested for and in behalf of said corporation by authority of its governing body.
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF DADE ) SS
CITY OF MIAMI
Before me, a Notary Public duly commissioned, and qualified, personally
appeared to me well known, who being by me first duly sworn
upon oath, says that he/she is the attorney -in -fact, for the and that
he/she has been authorized by to execute the foregoing bond on behalf of
the Contractor named therein in favor of The City of Miami, Florida.
Subscribed and sworn to before me this day of
INSTRUCTIONS: Bid Bonds
must be accompanied by
a Power of Attorney, in
compliance with
Instructions to Bidders
Notary Public, State of Florida at Large
My Commission Expires:
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SUPPLEMENT TO BID FORM:
QUESTIONNAIRE
This completed form Must Be submitted with the Bid. The City may, at its sole discretion, require
that the Bidder submit additional information not included in the submitted form. Such
information must be submitted within seven (7) calendar days of the City's request. Failure to
submit the form or additional information upon request by the City shall result in the rejection of
the Bid as non -responsive. Additional pages may be used following the same format and
numbering.
By submitting its Bid the Bidder certifies the truth and accuracy of all information contained herein.
A. Business Information
1. How many years has the Bidder been in business under its current name and ownership?
a. Professional Licenses/Certifications (include name and number)* Issuance Date
(*include active certifications of community small business enterprise & name of certifying entity)
b. Date Bidder licensed by Dept. of Professional Regulation:
c. Qualified Business License: ❑ Yes[i] No If Yes, Date Issued:
d. What is the Bidder's primary business?
(This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.)
e. Name of Qualifier, license number, and relationship to the Bidder:
f. Names of previous Qualifiers during the past five (5) years including, license numbers,
relationship to the Bidder and years as qualifier for the Bidder:
2. Name and Licenses of any prior companies
Name of Company License No.
Issuance Date
3. Type of Business Entity:
❑ Corporation ❑"S" Corporation❑LLC❑Sole Proprietorship❑Other:
(Corporations will be required to provide a copy of their corporate resolution prior to executing a contract)
4. Business Entity Ownership
a. Identify all owners of the Business Entity.
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Name
Title % of ownership
b. Is any owner identified above an owner in another company? ❑ Yes ❑ No
If yes, identify the name of the owner, other company names, and % ownership
c. identify all individuals authorized to sign for the Business Entity, indicating the level of their
authority (check applicable boxes and for other provide specific levels of authority)
Name
Title Signatory Authority
All Cost No -Cost Other
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
Explanation for Other:
(Note: "All" refers to any type of document including but not limited to contracts, amendment, change proposal
requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost" refers to CPRs, COs. No -cost refers
to RFIs, Notices, and other similar documents)
5. Employee Information
Total No. of Employees: Number of Managerial/Admin. Employees:
Number of Trades Personnel and total number per classification:
(Apprentices must be listed separately for each classification)
How many employees are working under H2B visas?
6. Has any owner or employee of the Bidder been convicted of a federal offense or moral turpitude:
If yes, please explain:
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7, Insurance & Bond Information
a. Insurance Carrier name & address:
b. Insurance Contact Name, telephone, & e-mail:
c. Insurance Experience Modification Rating (EMR):
(if no EMR rating please explain why)
d. Number of Insurance Claims paid out in last 5 years & value:
e. Bond Carrier name & address:
f. Bond Carrier Contact Name, telephone, & e-mail:
g. Number of Bond Claims paid out in last 5 years & value:
8. Have any claims lawsuits been file against the Bidder in the past 5 years, If yes, identify all where
the Bidder 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 the Bidder been assessed liquidated damages or defaulted on a project in the past five (5)
years? Yes Ncljf yes, Dvide an attachment that provides an explanation of the project
and an explanation.
11. Has the Bidder been cited for any OSHA violations in the past five (5) years? If yes, please
provide an attachment including all details on each citation,
12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater, owned by
your company.
B. Project Management & Subcontract Details
1. Project Manager for this Project:
a. Name:
b. Years with Company:
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c Licenses/Certifications:
d. Last 3 projects with the company including role, scope of work, & value of project:
2. Subcontractors:
Name
Trade
% of Work License No. Certification*
(*active certifications of community small business enterprise & name of certifying entity)
3. Scope of actual construction work to be performed by the Bidder and the corresponding
percentage of the work: (This does not include such items as insurance * bonds, dumpsters, trailers, and other similar non -
construction work items)
C. Current and Prior Experience:
1. Current experience including projects currently under construction, recently awarded, or pending
award (Provide an attachment to this questionnaire that lists all such projects, including the
owner's name, title and value of project, scope of work, projected or actual start date, projected
completion date, and number of company trades personnel assigned to the project)
2. Prior Projects of a similar size, scope and : Provide an attachment to this Questionnaire that
includes Completed Projects the Proposer considers of a similar, size, scope and complexity that
the City should consider in determining the Bidders responsiveness and responsibility. This
attachment must include the project that meets the minimum number of projects identified by the
bid solicitation. Information provided must include the owner's name , address and contract
person, including telephone & e-mail, title of project, location of project, scope, initial value and
final cost of the project, projected and final timeframes for completion in calendar days and the
number of company trades personnel, by classification, that were assigned to the project. The
delivery method, including, but not limited to; design -build, CM@Risk, Design -Bid -Build, etc. is to
be identified for each Project. If there is a difference between the initial and final cost or initial
and actual timeframe provide details on why the differences exist. A reference letter is to be
completed by the owner of the Project and submitted as part of the Bid submission.
D. Bidder's References
Bidders are to include a minimum of five (5) references from completed projects listed in C.2
above. The attached form is to be used and is to be included with the Bid submission. The City,
at its sole discretion may allow the Bidder to submit the references after the specified date for Bid
submission.
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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 Bidder has provided services in addition to the minimum five (5) projects of a similar size,
scope, and complexity.
1
2)
Company Name
Address
Contact Person/Contract Amount
Telephone No.: /Fax No.
Company Name
Address
Contact Person/Contract Amount
Telephone No.: /Fax No.
3) Company Name
Address
Contact Person/Contract Amount
Telephone No.: /Fax No.
4) Company Name
Address
Contact Person/Contract Amount
Telephone No.: /Fax No.
5) Company Name
Address
Contact Person/Contract Amount
Telephone No.: /Fax No.
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Citp .of fRiatrti
DANIEL J. ALFONSO,
City Manager
To Whom It May Concern
Subject: Reference Letter
Name of Bidder:
The above referenced Bidder 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:
Did the Scope involve the construction, installation, repair and/or replacement of a stormwater pump
station? ❑ Yes ❑ No
Value of project: $ Date Completed:
Percentage of physical construction work self -performed by Bidder:
Was project completed on time & within budget: ❑ Yes ❑ No
If no, was the Bidder at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No
If yes, please provide details:
Comments:
Thank you for your assistance in helping us in evaluating our bid solicitation.
Name of individual completing this form: Date:
Signature: Title:
Telephone: E-mail:
Sincerely,
Annie Perez, CPPO, Director
Procurement Department
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SUPPLEMENT TO BID FORM:
OFFICE LOCATION AFFIDAVIT (Page 1 of 3)
Please type or print clearly. This Affidavit must be completed in full, signed and notarized ONLY
IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI AS
DEFINED BY CITY CODE SECTION 18-73.
Legal Name of Firm;
Entity Type: (Check One) ❑ Partnership ❑ Sole Proprietorship ❑ Corporation
Corporation Document No: Date Established
Occupational License No: Date of Issuance
Office Location (Establishment of the bidder/Bidder):
PRESENT
Street Address:
City:
State: How long at this location:
PREVIOUS
Street Address:
City:
State How long at this location:
According to Section 18-73 of the City of Miami Code, as amended:
City of Miami "Local Office" means a business within the City which meets all of the following criteria:
1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a
verifiable street address that is located within the corporate limits of the City fora minimum of twelve (12)
months immediately preceding to the date bids or proposals were received for the purchase or contract
at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the
local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee,
officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a
local office within the City; and
2) if the business is located in the permanent structure pursuant to a lease, such lease must be in writing,
for a term of no Tess than twelve (12) months been in effect for no less than the twelve (12) months
immediately preceding the date bids or proposals were received, and be available for review and approval
by the chief procurement officer or its designee; for recently executed leases that have been in effect for
any period less than the twelve (12) months immediately preceding the date bids or proposals were
received, a prior fully executed lease within the corporate limits of the City that documents in writing
continuous business residence within the corporate limits of the City for a term of no less than twelve (12)
months immediately preceding the date bids or proposals were received shall be acceptable to satisfy
the requirements of this section, and shall be available for review and approval by the chief procurement
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SUPPLEMENT TO BID FORM:
OFFICE LOCATION AFFIDAVIT (Page 2 of 3)
officer or its designee; further requiring that historical, cleared rent checks or other rent payment
documentation in writing that documents local office tenancy shall be available for review and approval
by the chief procurement officer or its designee; and
3) Has had for a minimum of twelve (12) months immediately preceding the date bids or proposals were
received for the purchase or contract at issue, a current Business Tax Receipt issued by both the City
and Miami -Dade County, if applicable; and
4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were
received for the purchase or contract at issue, any license or certificate of competency and certificate of
use required by either the City or Miami -Dade County that authorizes the performance of said business
operations; and
5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to
be eligible for consideration under this section; provided, however, that the burden of proof to provide all
supporting documentation in support of this local office certification is borne by the business applicant
submitting a bid or proposal.
According to Section 18-85(a) of the City of Miami Code, as amended:
"when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by
one or more responsive, responsible local bidders who maintain a local office, as defined in City Code
Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that
non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the
opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously
submitted by the non -local bidder, Contract award shall be made to the lowest responsive, responsible
bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a
local bidder and a non -local bidder, contract award shall be made to the local bidder."
The intention of this section is to benefit local bona fide bidders/Bidders to promote economic
development within the corporate limits of the City of Miami.
(we) certify, under penalty of perjury, that the office location of our firm has not been established with
the sole purpose of obtaining the advantage granted bona fide local bidders/Bidders by this section.
Authorize Signature Authorized Signature
Print Name Print Name
Corporate Seal) Title Title
Authorized Signature Authorized Signature
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SUPPLEMENT TO BID FORM:
OFFICE LOCATION AFFIDAVIT (Page 3 of 3)
(Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or
the proprietor of a sole proprietorship or all partners of a joint venture.)
NOTARIZATION
STATE OF FLORIDA, COUNTY OF DADE
That: personally appeared before
me and acknowledged the foregoing instrument as his/her act and deed.
That he/she has produced as identification.
NOTARY PUBLIC:
My Commission Expires:
Please submit with your Bid Form copies of Occupational License, City of Miami and Miami Dade
County Business Licenses, professional and/or trade License to verify local office preference.
The City of Miami also reserves the right to request a copy of the corporate charter, corporate
income tax filing return and any other documents(s) to verify the location of the firm's office.
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CERTIFICATE OF COMPLIANCE WITH SECTIONS 18-87, 18-89, 18-120 OF THE CITY CODE
hereby certify that:
i) 1 am the (President/Secretary or Principal) of
(Bidder);
ii) I have read Sections 18-87,18-89 and 18-120 of the City of Miami Procurement Code;
a. (Bidder) hereby acknowledges that the awarded
contract has an on -site labor component greater than or equal to twenty-five percent (25%), and
therefore agrees to assign a minimum of fifteen percent (15%) of the contract value to firms
currently certified by Miami -Dade County as a Community Small Business Enterprise ("CSBE");
OR
b. (Bidder) hereby is certified by Miami -Dade County
as a CSBE firm and will self -perform to meet the minimum fifteen percent (15%) CSBE requirement.
An active copy of the respondent's CSBE certification must be included bid document.
Ili) (Bidder) hereby agrees to comply with the Local Workforce
Participation Requirements stated in Section 18-89 of the City of Miami Procurement Code.
iv) (Bidder) hereby agrees to comply with the Responsible
Wages on Construction Contracts Requirements stated in Section 18-120 of the City of Miami Procurement
Code.
OPTIONAL:
v) (Bidder) hereby agrees to make assignments pursuant to
Item ii), above, to certified CSBE firms who maintain a "Local Office", as defined in City Code Section 18-
73;
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
SS
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
to me well known, who being by me first duly sworn upon oath
says that he/she has been authorized to execute the foregoing Certificate of Compliance with Sections 18-87,
18-89 and 18-120 of the City of Miami Procurement Code on behalf of Respondent Firm named therein in favor of
the City.
Subscribed and Sworn to before me this day of , 20_�
My commission expires:
Notary Public, State of Florida at Large
Bonded by
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THIS FORM MUST BE COMPLETED BY BIDDERS/PROPOSERS FOR PROJECTS WITH CSBE REQUIREMENTS
SCHEDULE OF INTENT AFFIDAVIT (SOI)
COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM "CSBE"
This section: must b>e completed: by the Bidder/Proposer and the CSBE Subcontractor that will be utilized for scopes of work on the project
Name of Bidder/Proposer:
Address:
Project Name:
Contract Dollar Amount:
Contact Person:
Phone No.:
Project Number:
15% CSBE Dollar Amount
Name of Prime
Bidder/Proposer
Certification
No. (if
applicable)
Certification
Expiration Date
(if applicable)
Type of CSBE work to be
performed by the Bidder (if
applicable)
Bidder's self_
performance
percentage (%)
of Contract Value
Total Dollar ($) Amount of
Bidder's self:performance
The undersicned intends to perform the following work in connection with the above contract:
Name of Subcontractor
Certification
No.
Certification
Expiration Date
Type of CSBE work to be
performed by the
subcontractor
Subcontractor
percentage (%)
of Contract Value
Total Dollar ($) Amount of
subcontractor's CSBE
requirement
I certify that the representations contained in this form are true and accurate to the best of my knowledge. I affirm that I will enter into sub -contractual agreement(s) with the above listed CSBE
subcontractor(s) if awarded this contract. Copies of the agreement(s) will be immediately made available to the City of Miami as required.
Bidder Signature
Date
Bidder Print Name
Title
The undersigned has reasonable and uncommitted capacity sufficient to provide the required goods or services, all licenses and permits necessary to
provide such goods or services, ability to obtain bonding that is reasonably required to provide such goods consistent with normal industry practice, and
the ability to otherwise meet the bid specifications.
Subcontractor Signature Date Subcontractor Print Name Title
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REQUIRED SUBMISSION WITH YOUR BID
LOCAL WORKFORCE PARTICIPATION BID QUESTION:
List all contracts the Bidder has performed for the City of Miami for the past three (3) years which
included Local Workforce Participation Requirements. The City will review all contracts the Bidder
has performed for the City for the past three (3) years in accordance with Section 18-89 of the
City Code, which requires that "the City shall consider the Bidder's adherence to the City's Local
Workforce Participation Requirements within the past three (3) years in making any future contract
awards. The solicitation documents will include the Contractor's past compliance with these
requirements of the City." As such, the Bidder must list and describe all work performed for the
City of Miami for the past three (3) years. Please provide factually detailed responses for each
project that address each of the important items below.
(i) contract number, name and brief description of work;
(ii) total dollar value of the contract;
(iii) dates covering the term of the contract;
(iv) percentage of Local Workforce Participation Requirements met by the Bidder;
(v) breakdown of local workforce used to meet the requirements (number of persons
broken down by trade and category);
(vi) if your company was unable to meet the Local Workforce Participation
Requirements, explain the reasons why, and what efforts, if any, were utilized by the
Bidder to attempt to meet these requirements;
(vii) if the project was over one million dollars ($1,000,000) did the Bidder hold a job
fair(s), if yes, provide the date and location of the job fair(s), number of attendees;
(vili) was a third party hired to verify and certify compliance with the Local Workforce
Requirements, if yes were all requirements met, what was the third party's name and
provide their current contact information;
(ix) was the five percent (5%) retainage fee released to the Bidder by the City upon
project completion, and
(x) If the Bidder did not meet the goals, did you seek a waiver of the program
requirements from any City officials? Please explain in detail.
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Section 6- Contract Execution Form
THIS Contract # 16-2255 made this day of in the year 2016 in the
amount of $3,965,000.00 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the
"CITY," and Cherokee Enterprises, Inc., hereinafter called the "Contractor".
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST CHEROKEE ENTERPRISES, INC., a
Florida corporation
Signature Signature
Print Name, Title
Print Name, Title of Authorized Officer or Official
ATTEST: (Corporate Seal)
CONTRACTOR Secretary
(Affirm CONTRACTOR Seal, if available)
ATTEST: City of Miami, a municipal corporation of the
State of Florida
Todd B. Hannon, City Clerk Daniel J. Alfonso, City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
Ann -Marie Sharpe, Director Victoria Mendez, City Attorney
Risk Management Department
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CORPORATE RESOLUTION
WHEREAS, , Inc. desires to enter into a
contract with the City of Miami for the purpose of performing the work described in the
contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has
considered the matter in accordance with the By -Laws of the corporation;
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS that the
(type title of officer)
is hereby authorized
(type name of officer)
and instructed to enter into a contract, in the name and on behalf of this corporation, with
the City of Miami upon the terms contained in the proposed contract to which this
resolution is attached and to execute the corresponding performance bond.
DATED this day of , 20
Corporate Secretary
(Corporate Seal)
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FORM OF PERFORMANCE BOND (Page 1 of 2)
BY THIS BOND, We , as Principal,
hereinafter called Contractor, and , as Surety, are bound
to the City of Miami, Florida, as Obligee, hereinafter called City,- in the amount of
Dollars ($ ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
ITB No: 15-16-037, 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
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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, Tess 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:
109
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
Curtis Park Environmental Remediation Project — D1 ITB No.: 15-16-037
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FORM OF PAYMENT BOND (Page 1 of 2)
BY THIS BOND, We , as Principal,
hereinafter called Contractor, and , as Surety, are bound
to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, ITB. No. 15-16-
037, 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.
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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:
Contractor
(Name of Corporation)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
111
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
Curtis Park Environmental Remediation Project -- D1 ITB No.: 15-16-037
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CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the
corporation named as Principal in the foregoing Performance and Payment Bond (Performance
Bond and Payment Bond); that , who signed the Bond(s) on behalf
of the Principal, was then of said corporation; that I know his/her signature; and
his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behalf of said corporation by authority of its governing body.
(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:
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Notary Public, State of Florida at Large
Bonded by
ITB No.: 15-16-037
PERFORMANCE AND PAYMENT GUARANTY FORM AND UNCONDITIONAL/IRREVOCABLE
LETTER OF CREDIT: (Page 1 of 2)
Beneficiary:
City of Miami
444 S.W. 2nd Avenue
Miami, Florida 33130
Date of Issue
Issuing Bank's No.
Applicant:
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
by order
(branch address)
of and for the account of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of available by your
drafts at sight, accompanied by:
1. A signed statement from the City Manager or his authorized designee, that the drawing is
due to default in performance of certain obligations on the part of
(contractor, applicant, customer) agreed upon by and between the City of Miami, Florida and
(contractor, applicant, customer), pursuant to Bid/Contract No.
for (name of project) and Section 255.05, Florida Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
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PERFORMANCE AND PAYMENT GUARANTY FORM AND 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
r
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide
the City of Miami with written notice of our intent to terminate the credit herein extended, which notice
must be provided at least thirty (30) days prior to the expiration date of the original term hereof or
any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to
performance of the Contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in
any way be modified, or amplified by reference to any documents, instrument, or agreement referred
to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such
reference shall not be deemed to incorporate herein by reference any document, instrument, or
agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and
in compliance with the terms of this credit that such drafts will be duly honored upon presentation to
the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of
the Project by the
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International
Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If
a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law
should arise, Florida law shall prevail. If a conflict between the law of another state or country and
Florida law should arise, Florida law shall prevail.
Authorized Signature
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FORM A - INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY
If the Bidder 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:
(4) Purchasing of major items or supplies:
(c) Supervision of field operations:
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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 City 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 venture in the undertaking. Further, the undersigned
covenant and agree to provide to the City 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 City. Any material
misrepresentation will be grounds for terminating any Contract which may be awarded and for
initiating action under Federal or State laws concerning false
statements."
Name of Bidder: Name of Bidder:
Signature: Signature:
Name: Name:
Title:
Date:
Title:
Date:
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ADDENDUM NO.
September 2, 2016
INVITATION TO BID NO.: 15-16-037
CURTIS PARK ENVIRONMENTAL REMEDIATION PROJECT, B-40610
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 Responses submitted and the Contract to be executed for Curtis
Park Environmental Remediation Project, B-40610 — Invitation to Bid (ITB) No.: 15-16-037 (the "Projecf).
Please note the contents herein and affix same to the documents you have on hand.
All attachments (if any) are available on the Capital Improvements and. Transportation Program (CITP)
website and are part of this Addendum.
The Invitation to Bid Contract Document has been revised and replaced in its entirety (please see attached).
Items noted in red with a strikethrough are removed. items noted in green with an underline are added.
THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE PROFESSIONAL SERVICES
AGREEMENT AND SHALL BE MADE A PART THEREOF.
Annie Perez, CPPO, Director of Procurement
City of Miami Procurement Department
Curtis Environmental Remediation Project, B-40610 ITB No.: 15-16. 37