HomeMy WebLinkAboutInvitation to Bide4i/ ?It 11444‘.4414
ADDENDUM No. 1
March 30, 2018
INVITATION TO BID No.: 17-18-008
141IAMI WOMAN'S CLUB BAYWALK PROJECT, D2
OFFICE OF CAPTIAL IMPROVEMENTS PROJECT No.: B-30731
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications,, and/or deletions amend the above -captioned
Invitation to Bid (ITB) and shall become an integral part of the Bid submitted and the Contract to
be executed for Miami Woman's Club Baywalk Project, D2 — ITB No.: 17-18-008 (the
"Project"). Please note the contents herein and affix same to the documents you have on hand.
All attachments (if any) are available on the Office of Capital Improvements (OCI) website
and are part of this Addendum.
Requests for Information — Since Issuance of ITB No. 17-18-008:
Q1. Unable to find any details or specs for the Pedestrian Railing, Item No. 13, please provide?
Al. See Exhibit No. 1 — FDOT Standard Index No. 862.
Q2. What will be the color of the concrete sidewalk (Baywalk)?
A2. Baywalk shall be colored concrete with Scofield's color C-12 (Mesa Beige) in
accordance with the Miami River Greenway Regulatory Design Standards, dated
July 2005. Integral color shall be pure mineral oxide, lime proof, and non -fading.
THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND
SHALL BE MADE A PART THEREOF.
ll
A nie Perez, CPPO, Directo
Department of Procureme t, City of Miami
INVITATION TO BID ("ITB") NO.: 17-18-008
MIAMI WOMAN'S CLUB BAYWALK PROJECT, D2
OFFICE OF CAPITAL IMPROVEMENTS
PROJECT NO.: B-30731
Issue Date: March 7, 2018
Bid Due Date: April 10, 2018
Bid Due Time: 2:00 P.M. (Local Time)
Mayor Francis Suarez
Commissioner Wilfredo "Willy" Gort, District 1
Commissioner Ken Russell, District 2
Commissioner Joe Carollo, District 3
Commissioner Manolo Reyes, District 4
Commissioner Keon Hardemon, District 5
City Manager Emilio T. Gonzalez, Ph.D.
Issued By:
City of Miami
Department of Procurement
444 SW 2nd Avenue, 6th Floor
Miami, FL 33130
18-404
TABLE OF CONTENTS
Cover Page 1
Table of Contents 2
Notice to Contractors 6
Section 1 - Definitions 8
Section 2 - Instructions for Submission
1. Intention of the City 11
2. Scope of Work 11
3. Location of the Project 11
4. Performance of the Work 11
5. Examination of Contract Documents and Site 11
6. Addenda 12
7. Bid Submission 12
8. Bid Guaranty 12
9. Preparation of Bid 12
10. Pre -Bid Conference 13
11. Postponement of Bid Opening Date 13
12. Acceptance or Rejection of Bids 13
13. Environmental Regulations 13
14. Bid Award 13
15. Bid Protest (Reference Section 18-104 of the City Code) 14
16. Small Business Enterprise (SBE) Participation 14
17. Local Workforce Participation 15
18. Responsible Wages and Benefits 17
19. Cone of Silence 17
20. Public Entity Crime 17
21. Fraud and Misrepresentation 17
22. Collusion 18
23. Contractor in Arrears or Default 18
24. Cancellation of ITB 18
Section 3 - General Terms and Conditions
1. Time is of the Essence 19
2. Contract Term 19
3. Contract Price & Guaranteed Maximum Cost 19
4. Notices 20
5. Priority of Provisions 21
6. Indemnification 21
7. Insurance 22
8. Performance and Payment Bond 24
9. Qualification of Surety 24
10. General Requirements 25
11. Method of Performing the Work 25
12. Work Staging and Phasing 26
13. Site Investigation and Representation 26
14. Contractor to Check Plans, Specifications and Data 27
15. Contractor's Responsibility for Damages and Accidents 27
16. Accidents 27
17. Safety Precautions 27
18. Occupational Health and Safety 28
19, Labor and Materials 29
20. Rules, Regulations, Laws, and Licenses 29
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Project, D2 - B-30731
21. Consultant Services 29
22. Project Management 29
23. Superintendence and Supervision 30
24. Authority of the Project Manager 30
25. Inspection of Work 31
26. Taxes 32
27. Separate Contracts 32
28, Lands of Work 32
29. Coordination of Work 32
30. Differing Site Conditions 33
31. Existing Utilities , 33
32. Contractor's Responsibility for Utility Properties and Service 33
33. Interfering Structures 34
34. Field Relocation 34
35. Contractor's Use of Project Site(s) 34
36. Warranty of Materials and Equipment 35
37. Material and Equipment Shipment, Handling, Storage and Protection 35
38. Manufacturer's Instructions 36
39. Manufacturer's Warranty 37
40. Reference Standards 37
41, Submittals 37
42, Shop Drawings 38
43. Product Data 39
44. Samples 40
45. Record Set 40
46, Supplemental Drawings and Instructions 40
47. Contractor Furnished Drawings 40
48. Substitutions 41
49. City Furnished Drawings 42
50. Interpretation of Drawings and Documents 42
51. Product and Material Testing 42
52. Field Directives 42
53. Changes in the Work or Contract Documents 42
54. Continuing the Work 43
55. Change Orders 43
56, Change Order Procedure 43
57. No Oral Changes 44
58. Value of Change Order Work 44
59. Extra Work Directive 46
60. As -Built Drawings 47
61. Worker's Identification 48
62. Removal of Unsatisfactory Personnel 48
63. Substantial Completion, Punch List and Final Completion 49
64. Acceptance and Final Payment 49
65. NPDES Requirements 50
66. Force Majeure 50
67. Extension of Time _ 50
68. Notification of Claim 51
69. Extension of Time Not Cumulative 52
70. No Damages for Delay 52
71. Excusable Delay, Non-Compensable 52
72. Lines and Grades 52
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73. Defective Work 53
74. Acceptance of Defective or Non -Conforming Work 53
75. Uncovering Finished Work 53
76. Correction of Work 53
77. Maintenance of Traffic and Public Streets 54
78. Location and Damage to Existing Facilities, Equipment or Utilities 55
79. Stop Work Order 56
80. Hurricane Preparedness 56
81. Use of Completed Portions 56
82. Cleaning Up; City's Right to Clean Up 57
83. Removal of Equipment 57
84. Set -offs, Withholdings and Deductions 57
85. Event of Default 58
86. Notice of Default -Opportunity to Cure 58
87. Termination for Default 58
88. Remedies in the Event of Termination for Default 59
89. Termination for Convenience 59
90. Resolution of Disputes 60
91. Mediation -Waiver of Jury Trial 61
92. City May Avail Itself of All Remedies 61
93. Permits, Licenses and impact Fees 61
94. Compliance with Applicable Laws 62
95. Independent Contractor 62
96. Third Party Beneficiaries 63
97. Successors and Assigns 63
98. Materiality and Waiver of Breach 63
99. Severability 63
100. Applicable Law and Venue of Litigation 63
101. Amendments 64
102. Entire Agreement 64
103. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities
Act 64
104. Evaluation 64
105. Commodities Manufactured, Grown or Produced in the City of Miami, Miami -Dade
County and the State of Florida 64
106. Royalties and Patents 64
107. Continuation of the Work 65
108. Review of Records 65
109. No Interest 66
110. Payments Related to Guaranteed Obligations 66
111. Consent of City Required for Subletting or Assignment 66
112. Agreement Limiting Time in Which to Bring Action Against the City 66
113. Defense of Claims 66
114. Contingency Clause 67
115. Mutual Obligations 67
116. Contract Extension 67
117. Non -Exclusivity 67
118. Nature of the Agreement 67
119. Contract Documents Contain All Terms 67
120. Survival 68
121. Disclosure of State Funding, if applicable 68
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Section 4 - Supplemental Terms and Conditions
1. Contract Time and Hours 69
2. Progress Payments 69
3. Liquidated Damages 70
4. Schedule of Values 71
5. Project Schedules 71
6. Release of Liens/Subcontractor's Statement of Satisfaction 71
7. Progress Meetings 72
8. Request for Information 72
9. Project Site Facilities 72
10. Inspection of Work 73
11. Security 73
12. Construction Signage 73
13. Construction Photographs 73
14. City Furnished Property 73
15. Geotechnical Testing - Intentionally Omitted 74
16. Field Layout of the Work and Record Drawings for Drainage Projects 74
17. Survey Work for Drainage Protects 75
18. E-Verify - Mandatory Use 75
Section 5 - Bid Form
1. Bid Form 76
Section 6 - Attachments
1. Bid Bond Form 87
2. Questionnaire 90
3. Customer Reference Listing 95
4. Form Reference Letter 96
5. Office Location Affidavit 97
6. Certificate of Compliance 100
7. Schedule of Intent Affidavit (SOI)
101
8. Local Workforce Participation Bid Question 102
Section 7 - Contract Execution
1. Contract Execution Form 103
2. Corporate Resolution 104
3. Form of Performance Bond 105
4. Form of Payment Bond 107
5. Certificate as to Corporate Principal 109
6. Performance and Payment Guaranty Form and Unconditional/Irrevocable Letter of Credit
110
7. Joint Venture Form
112
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INVITATION TO BID NO.: 17-18-008
NOTICE TO CONTRACTORS
Sealed Bids will be received by the City of Miami, Office of the City Clerk, City Hall, 151 Floor, 3500 Pan
American Drive, Miami, Florida 33133-5504 for:
MIAMI WOMAN'S CLUB BAYWALK PROJECT, D2
Issue Date: March 7, 2018
Bid Due Date: April 10, 2018 @ 2:00 P.M. (Local Time)
Scope of Work: The Work consists of furnishing all materials, labor, and equipment necessary for the
construction of the baywalk, lighting, landscaping, and hardscape (trash receptacles and benches). The full
Scope of Work is detailed in the construction drawings,
Minimum Requirements: Prospective Bidders shall, as of the Bid Due Date:
A. have a current Certified General Contractor license from the State of Florida: and
B. must demonstrate that it has full-time key personnel with the necessary experience to perform the
Project's Scope of Work. This experience shall include work in successfully completed Projects
performed by the identified key personnel whose bulk of work (at minimum fifty-one percent (51 %) of the
work) is performed in marine and coastal Projects similar to the Project's Scope of Work described in
these Solicitation Documents. Bidder shall demonstrate the required experience by providing a detailed
description of at least three (3) Projects whose scope included the construction of seawalls, baywalks,
and docks which are similar to the Project's Scope of Work described in this Solicitation Document and
in which the Bidder's identified key personnel is currently actively engaged or has completed the work ,
which has been accepted by the Owner, within the past five (5) years. List and describe the
aforementioned Projects and state whether the Work was performed for the City, other government
agencies as clients, or private entities, The description must identify and describe for each Project:
a) The identified key personnel and their assigned roles and responsibilities for the listed Project;
b) The client's name and address including a contact person, email address, and phone number for
reference verification;
C) Description of Work;
d) Total dollar value of the Contract;
e) Contract duration;
f) Statement or notation of whether Bidder's identified key personnel is/was employed by the Prime
Contractor or Subcontractor; and
g) For completed Projects, provide letters of certification of final acceptance or similar Project closure
documentation issued by the client and include available Contractor's performance evaluations.
Submitted reference Projects must demonstrate that the Bidder: i) was the Prime Contractor for the
Project; and ii) self -performed at least thirty percent (30%) of the physical labor construction work for the
Project. The Selected Bidder, hereinafter referred to as "Contractor," must self -perform at least thirty
percent (30%) of the physical labor construction work for the Miami Woman's Club Baywalk Project (the
"Project").
The City reserves the right to request additional / supplemental information and/or contact listed
persons pertaining to Bidder's experience / minimum requirements.
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The Department of Procurement (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: March 14, 2018 at 10:00 AM (Local Time)
The bid documents, including plans, may be obtained by visiting the Office of Capital Improvements (OCI)
webpage; http://www.miamigov.com/MiamiCapital/NewBidsandProposals.html.
It is recommended that firms periodically check OCI's webpage for updates and the issuance of addenda.
It is the sole responsibility of each Bidder to ensure the receipt and understanding of all addenda.
All bids shall be submitted in accordance with the Instructions to Bidders identified in Section 2, Instructions for
Submission. Bids must be submitted in duplicate originals and on CD or USB Drive in searchable PDF
format at the time, date and location stated, where bids will be publicly opened. Any bids received after the
time and date specified will be rejected and 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. Bidder assumes all risk for any delay or mistake. BIDDER IS 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 — Definitions
Architect of Record (AOR) means a designation reserved, usually by law, for a person or organization
professionally qualified and licensed in the State of Florida to perform architectural services.
Basis of Design means a specific manufacturer's product that is named; including the make or model number
or other designation, establishing the significant qualities related to type, function, dimension, in-service
performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable
products of other manufacturers.
Bid means the response submitted by a Bidder to this solicitation, which includes the price, authorized signature
and all other information or documentation required by the Contract Documents at the time of submittal.
Bidder means any individual, firm, incorporated or unincorporated business entity, limited liability company, 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.
Small Business Enterprise (SBE) 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. SBE is additionally referenced in Section 18-89 of the City Code and
in these Contract Documents.
Construction Change Directive means a written directive to effect changes to the Work, issued by the
Consultant or the Director that may affect the ITB Contract price or time.
Construction Engineering Inspection (CEI) means an individual or an organization (assigned by the Director
of OC1) responsible in assisting the City's Project and Construction Managers in Contract administration, site
inspections, material sampling and Project close-out.
Construction Manager (CM) means the individual or organization assigned by the Director of OCI whose duties
include reviewing Project documents during the design phase and managing the construction phase that include,
but not limited to, directing and coordinating construction activities associated with the Project.
Construction Schedule means a critical path schedule or other construction schedule, as defined and required
by the Contract Documents.
Consultant means a firm that has entered into a separate agreement with the City for the provision of
design/engineering services for the Project; and if applicable, means the Architect or Engineer of Record
contracted by the City to prepare the plans and specifications for the Project. 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.
Contract Documents mean the Contract as may be amended from time to time, the plans and drawing, all
addenda, clarifications, directives, change orders, payments and other such documents issued under or relating
to the Project.
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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.
Cure means the action taken by the Contractor promptly after receipt of written notice from the City of a breach
of the Contract Documents which shall be performed at no cost to the City, to repair, replace, correct, or remedy
all material, equipment, or other elements of the Work or the Contract Documents affected by such breach, or to
otherwise make good and eliminate such breach, including, without limitation, repairing, replacing or correcting
any portion of the Work or the Project 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.
Department means or refers to the City of Miami's Office of Capital Improvements ("OCI") formerly known as
Capital Improvements and Transportation Program ("CITP").
Design Documents means the construction plans and specifications included as part of a bid prepared by the
Consultant for this Project under a separate Agreement with the City.
Director means the Director of the Office of Capital Improvements or designee, who has the authority and
responsibility for managing the Project 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.
Engineer of Record (EOR) also referred to as Consultant, a designation reserved, by law, for a person or
qualified engineering firm or organization qualified and licensed in the State of Florida to conduct professional
engineering services.
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, and of the Work performed, by Contractor.
Local Workforce Participation Requirements 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) which
Contractor must employ on -site labor from persons who reside within the City of Miami municipal boundaries
(e.g., city limits).
Materials mean goods or equipment incorporated in a Project, or used or consumed in the performance of the
Work.
Notice of Award means the letter written to the Contractor by the City, notifying the Contractor that they have
been awarded the Contract.
Notice to Proceed means a written letter or directive issued by the Director acknowledging that all conditions
precedent have been met and directing that the Contractor may begin Work on the Project.
Miami Woman's Club Baywalk ITB No.: 17-18-008
Project, D2 - B-30731
Physical Construction Labor Work means the completed construction services required by the Contract
Documents, completed through the use of the Contractor's own employees and excluding all materials, supplies,
and equipment incorporated or to be incorporated in such construction.
Plans and/or Drawings means the official graphic representations of a Project.
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.
Project Manager (PM) means the City employee (assigned by the Director) to manage the Project that may
include, but is not limited to coordination of design, procurement and construction activities; assigning
management tasks to EOR, CM or CEI (hereby known as designee), establish lines of communication and
responsibilities to ensure that the Project is completed in a timely manner.
Qualifier means a person whose license is attached to the Contractor's company so that the Contractor is
currently able to legally do Work in the State of Florida. The Qualifier is fully responsible for the quality of the
Work that is performed by the Contractor.
Request for Information (RFt) means a request from the Bidder seeking an interpretation or clarification relative
to the ITB. The RFI, which shall be clearly marked RFI, shall dearly 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
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 also known as the Director of the
Department of Risk Management, 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.
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 Completion 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.
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Section 2 — Instructions for Submission
1. Intention of City
It is the intention of the City to describe in this ITB the Project to be completed in accordance with all
codes and regulations governing all the Work to be performed under this Project. Any Work, materials
or equipment that may reasonably be inferred from the Contract as being required to produce the
intended result, shall be supplied by Contractor whether or not specifically called for. Where words have
a well-known technical or trade 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 consists of furnishing all materials, labor, and equipment necessary for the construction of the
baywalk, lighting, landscaping, and hardscape (trash receptacles and benches). Additional information
concerning the Scope of Work is located in the Construction Drawings.
3. Location of the Project
Back (rear) of the Miami Woman's Club, 1737 North Bayshore Drive, Miami, FL 33132
4. Performance of the Work
Contractor shall self -perform (complete) at least thirty percent (30%) of all Physical Construction Labor
Work for the negotiated construction cost of the entire Project utilizing its own employees. If the Work is
phased, the thirty percent (30%) requirement shall apply jointly and severally to each and every phase of
the Work. The City reserves its right to require documentary confirmation of this requirement. By
submitting a bid, the Bidder certifies that it shall 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, shall result in the bid being deemed non -responsive. Where the
City determines that Contractor is deemed as not meeting this requirement during the performance of
the Work, then the Contractor shall be in default of the Contract.
5. Examination of Contract Documents and Site
It is the responsibility of each Bidder, before submitting a bid to this Invitation to Bid (ITB), to:
a. Carefully review the ITB, including any addenda and notify the City of all conflicts, errors or
discrepancies,
b. Visit the site(s) or structure(s) to become familiar with conditions that may affect costs, progress,
performance and furnishing of the Work,
c. 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,
d. Study and carefully correlate Bidder's observations with the requirements of the ITB, and
e. Sign and return all required 1TB forms as applicable.
The submission of a bid to this solicitation shall constitute an incontrovertible representation by Bidder
that it shall 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
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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 via written addenda issued by the City 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 Department of Procurement (Procurement) in writing, to the attention of
Anthony Hansen, Sr. Procurement Contracting Officer at amhansen(c�miamigov.com, with a copy to the
Office of the City Clerk at clerks(cmiamigov.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 OCI webpage. Written questions must be received by the City, no
later than March 23, 2018 at 5:00 PM.
7. Bid Submission
All bids must be received by the City of Miami, Office of the City Clerk, 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 and legibly marked on the outside:
BID NO.: 17-18-008
PROJECT NAME: MIAMI WOMAN'S CLUB BAYWALK PROJECT, D2—B-30731
Bidders must submit two (2) original bid packages and one (1) electronic bid package on a CD or
USB Drive in PDF format. Failure to submit two (2) 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 transacting business
in Florida meeting the requirements of the City, or by cash, money order, certified check, cashier's check,
Unconditional/Irrevocable Letter of Credit by a bank transacting banking business in Florida, Bid Bond
Voucher (for Projects totaling less than two hundred thousand dollars ($200,000.00 inclusive of all fees,
costs, and expenses) 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 (5%) of the total bid amount (payable
to City), and conditioned upon Contractor executing the Contract and providing the required Performance
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 OCI at its sole and absolute discretion.
Bid Securities of the unsuccessful Bidders will be returned after award of Contract. Security of the
Contractor shall be forfeited to the City as liquidated damages and not as a penalty, for the cost and
expense incurred should said Contractor fail to execute the Contract and provide the required
Performance Bond and Payment Bond. Any form of Bid Guaranty shall be in a form acceptable to the
City's Risk Management Administrator and the City Attorney, as to legal form.
9. Preparation of Bid
All bids shall 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, may result in the bid being deemed non -responsive.
The Bidder shall be considered non -responsive if its 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.
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Joint venture firms must complete and submit with the 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 March 14, 2018 at 10:00 a.m. (Local Time) 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
The City reserves the right to postpone the date for receipt and opening of bid submissions and will make
a reasonable effort to give at least three (3) calendar days' notice of any such postponement to
prospective Bidders.
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, mistake, 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 Procurement prior to award of the
Contract by the City Commission.
13. Environmental Regulations
The City reserves the right to consider a Bidder's history of citations and/or violations of environmental
regulations (Regulations) in determining a Bidder's responsibility, and further reserves the right to declare
a Bidder not responsible if the history of violations warrant such determination in the opinion of the City.
Bidder shall submit with its bid, a complete history of all citations and/or violations, notices and
dispositions thereof. The non -submission of any such documentation shall be deemed to be an
affirmation by the Bidder that there are no citations or violations. Bidders shall notify the City immediately
of notice of any citation or violation, which Bidder may receive after the submittal opening date and during
performance of the Work under this Contract.
14. Bid Award
The City 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, and 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,
knowledge, and experience 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.
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The City, at its sole discretion, may determine a Bidder to be non -responsible where the Bidder has failed
to perform in accordance with other Contracts with the City.
Any Bidder who, at the time of submission is involved in an ongoing bankruptcy as a debtor, or in a
reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over
all or a substantial portion of the property of the Bidder under federal bankruptcy law or any state
insolvency, may be declared non -responsive.
Any Bidder who may have filed a lawsuit against the City, or where the City has filed a lawsuit related to
the Bidder and any City contract or won a court judgment against the Bidder, or if the Bidder is indebted
to the City may be declared non -responsive. City for these purposes shall include any City agency or
instrumentality.
15. Bid Protest
Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or
award of a Contract may protest in writing to the Chief Procurement Officer, in accordance with the
procedures contained in Section 18-104, Resolution of Protested Solicitations and Awards, as amended,
of the City Code, Ordinance No, 12271 (the City of Miami Procurement Code) describing the protest
procedures. Protests failing to meet the requirements for filing shall NOT be accepted. Failure of a party
to timely file shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS WILL
BE MADE TO THIS REQUIREMENT.
16. Small Business Enterprise LSBE) Participation
The Contractor must comply with the following SBE participation requirements. All instructions,
required forms and other information necessary for complying with the SBE participation
requirements are available on the OCI 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
Small Business Enterprise (SBE) as set forth in Section 10-33.01 and Section 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 SBE 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 SBE 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 Sections 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 Zink is to the Miami -Dade County website where Bidders can view the
current listing of certified SBE Contractors by trade.
http://www.miamidade.govlsmallbusinessfcertification-lists.asp
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17. Local Workforce Participation
1. 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 two hundred fifty thousand dollars
($250,000.00) shall have no Local Workforce Participation requirement.
2. Construction Contracts with a construction cost of two hundred fifty thousand dollars
($250,000.00) or more, but less than five hundred thousand dollars ($500,000.00) shall have a
minimum Local Workforce Participation requirement of ten percent (10%).
3. Construction Contracts with a construction cost of five hundred thousand dollars ($500,000.00)
or more, but less than seven hundred fifty thousand dollars ($750,000.00) shall have a minimum
Local Workforce Participation requirement of fifteen percent (15%).
4. Construction Contracts with a construction cost of seven hundred fifty thousand dollars
($750,000.00) or more, but less than four million dollars ($4,000,000.00) shall have a minimum
Local Workforce Participation requirement of twenty percent (20%).
5. Construction Contracts with a construction cost of four million dollars ($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 the OCI.
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 Project 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°f0) 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 the 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 one million dollars ($1,000,000.00) and two million
dollars ($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 two million dollars ($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) calendar 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 section. The
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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 Contractor's 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 Workforce 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 ($1,000,000.00) 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 Workforce Participation
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 Contractor 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 (no exceptions), 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 Contractor 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 Contractor, and be
properly licensed under the provisions of Florida Statute Sections 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 designee.
Bidders should refer to Section 18-89(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. Bidder may contact the Office of the City Clerk at (305) 250-5360, to obtain
a copy of the same.
18. Responsible Wages and Benefits
Pursuant to Section 18-120 of the City of Miami Procurement Code, entitled "Responsible Wage
Construction Contracts," the Contract to be executed for completion of this Project shall require the Prime
Contractor and all of the Subcontractors to pay Miami -Dade County Responsible Wages and Benefits
to all laborers and mechanics assigned to the Project. Bidders shall incorporate into their bid the required
Responsible Wages and Benefits for 2018 Highway Construction, which will be made public via
addendum issued by the City.
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 'TB must be submitted in writing to Procurement at
amhansenmiamiqov.com. cz Written communications may be in the form of e-mail, with a copy to the
Office of the City Clerk at clerks a(7miamigov.com.
This language is only an overview of the requirements of the Cone of Silence. Please review Section 18-
74 of the City's Procurement Code for a complete and thorough description of the Cone of Silence.
Bidders may also contact the Office of 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 bid 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
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as a further sanction may terminate or cancel any other Contracts with such individual, corporation, or
entity. Such individual or entity shall be responsible for all direct or indirect costs associated with
termination or cancellation.
22. Collusion
Where two (2) or more related parties, as defined herein, each submit a bid to an ITB, such submissions
shall be presumed to be collusive. The foregoing presumption may be rebutted by the presentation of
evidence as to the extent of ownership, control, and management of such related parties in preparation
and submission under such ITB. Related parties shall mean employees, officers or the principals thereof
which have a direct or indirect ownership interest in another firm or in which a parent company or the
principals thereof of one Bidder have a direct or indirect ownership interest in another Bidder, for the
same Project. Bids found to be collusive shall be rejected.
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, suspended, 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 shall 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 3 — General Terms and Conditions
1. 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. Time is of the
essence in performance of the Work.
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 70, Excusable Delay, Non-Compensable, 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 site(s) for the full duration of the Project to ensure the timely completion of the
Work.
2. Contract Term
The Contract shall commence upon issuance of the Notice of Proceed ("NTP"), which shall be issued
subsequent to the execution of the Contract by the City. The Contract shall terminate upon notice by the
City that the Contract has been closed -out after final completion or otherwise terminated by the City
pursuant to the terms and conditions herein set forth. The total bid amount shall be the Guaranteed
Maximum Cost ("GMC") of the Project, which means the maximum cost of the Work including labor,
materials, equipment, overhead expenses, and profit. The City will not be liable for payment of any
amount in excess of the GMC unless, the City Commission has approved a Project contingency or has
approved a prior amendment to the Contract) setting forth an additional amount due to Owner requested
changes or its equivalent. If the term Guaranteed Maximum Price ("GMP") is used in this Agreement, it
shall have the same definition as GMC, defined above.
3. Contract Price & Guaranteed Maximum Cost
Contractor represents, warrants and guarantees to the City that Contractor shall completely,
timely and properly perform the Work and all of its obligations under the Contract, in accordance
therewith, for the Contract Price to be agreed upon by the parties. This Contract Price shall
constitute Guaranteed Maximum Cost to the Owner for performing the Work inclusive of labor,
materials, equipment, supplies, and any allowable overhead and profit. The Owner shall (absent
a prior Amendment with compelling cause approved as an Amendment to this Agreement) have
no liability or obligation to pay any amount in excess of the stated Contract Price and Contractor
shall have no recourse in that respect except to seek an Amendment to the Agreement. All costs
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in excess of the Contract Price shall be paid solely by Contractor without reimbursement or
additional compensation from Owner.
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) calendar 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:
Emilio T. Gonzalez, Ph.D.
City Manager
City of Miami
444 SW 2nd Avenue - 10th Floor
Miami, Florida 33130
Annie Perez, CPPO
Director
Department of Procurement
City of Miami
444 S.W. 2nd Avenue - 6th Floor
Miami, Florida 33130
Steven C. Williamson
Director
Office of Capital Improvements
City of Miami
444 S.W. 2nd Avenue - 8th Floor
Miami, Florida 33130
For Contractor:
TBD
During the Work, the Contractor shall maintain continuing communications with Consultant and the
Project Manager. The Contractor shall keep the City fully informed as to the progress of the Project 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 Orlando Misas at (305) 416-1038, or via email at omisas@miamigov.com, the City of Miami's Project
Manager for this Project.
The Contractor must notify residents living within five hundred feet (500') of the Project in writing as least
one (1) week in advance prior to commencing Work in the general area.
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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 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:
■ Revisions 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, hold and save harmless, and defend (at its own cost and expense), the City,
its officers, agents, directors, andlor employees, from ail liabilities, damages, losses, judgements, 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, indemnify, save and hold harmless for, and defend (at its own cost), 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. In the event that any action or proceeding is brought against the City by
reason of any such claim or demand, the Contractor shall, upon written notice from the City, resist and
defend such action or proceeding by counsel satisfactory to the City. The Contractor expressly
understands and agrees that any insurance protection required by this Contract or otherwise provided by
the 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 the Contractor to defend, at its own expense, to and
through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such
defense, at the City's option, any and all claims of liability and all suits and actions of every name and
description which may be brought against the City, whether performed by the Contractor, or persons
employed or utilized by Contractor.
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These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted
under the laws of the State of Florida, including without limitation and interpretation, which conforms to
the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended.
Contractor shall require all sub -contractor agreements to include a provision that each sub -contractor will
indemnify the City in substantially the same language as this Section. The Contractor agrees and
recognizes that the City shall not be held liable or responsible for any claims which may result from any
actions or omissions of the Contractor in which the City participated either through review or concurrence
of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or
other acts of the Contractor, the City, in no way, assumes or shares any responsibility or liability of the
Contractor or sub -contractor under this Contract.
Ten dollars ($10.00) 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 voluntarily
and knowingly 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
• USL&H, if applicable
7.2 Employers' Liability
• One Million Dollars ($1,000,000.00) each bodily injury caused by an accident,
each accident.
• One Million Dollars ($1,000,000.00) each bodily injury caused by disease, each
employee.
• One Million Dollars ($1,000,000.00) each bodily injury caused by disease, policy
limit.
7.3 Commercial General Liability (CGL) - Primary and Non -Contributory with minimum
limits of One Million Dollars ($1,000,000) 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). Coverage must be afforded on a primary and non-
contributory basis and with a coverage form no more restrictive than the latest edition of
the Comprehensive General Liability policy, without restrictive endorsements, as filed by
the Insurance Services Office, and must include:
• Products and/or Completed Operations for Contracts with an Aggregate Limit of
One Million Dollars ($1,000,000) 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
Da mage.
• Personal and Advertising Injury with an aggregate limit of One Million Dollars
($1,000,000).
• CGL Required Endorsements
Contingent Liability/Independent Contractors Coverage
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• Contractual Liability
•3 Premises and/or Operations Liability
.• Explosion, Collapse and Underground Hazard
Primary Insurance Clause
• Loading and Unloading
City shall be listed as an additional insured.
7.4 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000)
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.
City shall be listed as an additional insured.
7.5 Umbrella Policy (Excess Following Form/True Excess Following Form/True
Umbrella)
• Bodily injury and property damage liability with limits of Two Million Dollars
($2,000,000) per occurrence.
■ Two Million Dollars ($2,000,000) 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 of Direct Physical Damage or Loss
• Valuation: Replacement Cost
• Coverage Extensions included
• City shall be listed as loss payee
7.7 Owners and Contractor's Protective
■ One Million Dollars ($1,000,000) each occurrence.
■ One Million Dollars ($1,000,000) general Aggregate.
City shall be listed as an additional insured.
7.8 Contractor's Professional Liability (if applicable)
■ One Million Dollars ($1,000,000) each claim.
• One Million Dollars ($1,000,000) general Aggregate.
• Retro Date included.
The above policies shall provide the City with written notice of cancellation or material change from the
insurer not less than thirty (30) calendar 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) calendar days prior to the date of their expiration.
Contractor shall furnish to Procurement 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 shall be listed as an additional insured where applicable.
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Companies authorized to do business in the State of Florida, with the following qualifications, shall issue
all insurance policies required above to the Contractor:
The company must be rated no less than "A-" as to management, and no Tess 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 for certificates of insurance are subject to review
and verification by Risk Management prior to insurance approval.
The Risk Administrator or their 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) calendar day written notice to the Contractor in accordance with Section 3,
General Terms and Conditions, Article 3, Notices. Contractor shall comply with such requests unless the
insurance coverage is not then readily available in the national market. An additive or deductive change
order will be issued to adjust the Contract value as necessary. For insurance bonding issues and
decisions, the City shall act through its Risk Administrator (unless otherwise stated).
8. Performance and Payment. Bond
Where required by the Contract Documents or by Florida Statutes, the Contractor shall within fifteen (15)
calendar days of being notified of award, furnish a Performance/Payment Bond ('Bond") containing all
the provisions of the attached Performance/Payment forms.
Each Bond shall be in the amount of one hundred percent (100%) of the Contract value guaranteeing to
City the completion and performance of the Work covered in the Contract Documents, as well as full
payment of all suppliers, laborers, or Subcontractors employed pursuant to this Project. Each Bond shall
be with a surety, which is qualified pursuant to Article 8, 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 the City, correct any defective or faulty Work or
materials which appear within one year after Final Completion of the Project.
The City must be listed as an Obligee.
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 the City with evidence of such recording. Each bond shall substantially conform to the
requirements of Section 255.05, Florida Statutes, and will be in a form acceptable to the Risk
Management Administrator.
Alternate Form of Security:
In lieu of a Performance/Payment Bond, Contractor may furnish alternate forms of security, which may
be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in
the form attached. Such alternate forms of security shall be subject to the prior approval of the City and
for same purpose and shall be subject to the same conditions as those applicable above and shall be
held by the City for one year after completion and acceptance of the Work.
9. Qualification of Surety
Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000.00):
Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size
Category of (VII). The surety company must be of recognized standing, authorized to do business in the
State of Florida as surety, having a resident agent in the State of Florida and having been in business
with a record of successful continuous operation for at least five (5) years.
The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in
accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount
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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 shall, 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 shall 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 has 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 City. 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 and coordinate its respective Work efforts to
most effectively and efficiently progress the performance of the Work.
The City shall have full access to the Project site(s) at all times.
The Contractor shall be responsible for the good condition of the Work or materials until formal release
from his obligations under the terms of the Contract Documents.
Contractor shall bear all losses resulting to it on account of the amount or character of the Work, or the
character of the ground, being different from what he anticipated.
The Contractor shall at all times conduct the Work in such manner and in such sequence as will ensure
the least practicable local interference. Contractor shall not open up Work to the prejudice of Work
already started, and the City 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 City 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 City, 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 City, the City 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 within the specified
time. The Contractor shall immediately comply with such orders at no additional cost to the City. The
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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 City.
Contractor is responsible for controlling dust and preventing it from becoming a public nuisance or
causing off -site damage. Contractor shall take all necessary and prudent measures to control dust.
The Contractor shall furnish to the City a complete listing of twenty-four (24) hour telephone numbers at
which responsible representatives of the Contractor and all of the Contractor's Subcontractors 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 City, who, 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 City. All requests for such interruption or obstruction must be given in writing to the City
at least 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 City.
A staging plan must be submitted to and approved by the City 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.
As noted above self -performance, local workforce participation, and all other similar requirements will
apply jointly and severally to each phase, stage, or incremental portion of the work.
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 site(s) as to the character, quality, and quantity of surface
and subsurface materials to be encountered from inspecting the site and from evaluating information
derived from exploratory Work that may have been done by the City or included in this Contract
Documents.
Contractor should examine the soil conditions at the Project site to determine if any special shoring,
sheeting, or other procedures are necessary to protect adjacent property during excavation of subsoil
materials or during filling of any area(s), or for any operation during the performance of the Work.
Any failure by the Contractor to acquaint itself with all the provided information and information obtained
by visiting the Project 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.
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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 the City as part of the Contract Documents, and shall notify the City 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 City. Contractor shall not be liable for damages resulting from errors, omissions or
discrepancies in the Contract Documents unless Contractor recognized such error, omissions, or
discrepancy and knowingly failed to report it to the City.
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 - AD lawn areas disturbed by construction shall be replaced with like kind to a condition
similar or equal to that existing before construction. Where sod is to be removed, it shall be carefully
removed, and the same re -sodded, or the area where sod has been removed shall be restored with new
sod in the manner described in the applicable section. Any fence, or part thereof, that is damaged or
removed during the course of the Work shall be replaced or repaired by the Contractor, and shall be left
in as good of a condition as before the starting of the Work.
Where fencing, walls, shrubbery, grass strips, or area must be removed or destroyed incident to the
construction operation, the Contractor shall, after completion of the Work, replace or restore to the original
condition all such destroyed or damaged landscaping and improvements.
16. Accidents
The Contractor shall provide such equipment and facilities as are necessary or required, in the case of
accidents, for first aid service to person who may be injured during the Project 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 City 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 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 site(s); and
• Other property at the Project 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 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 the City.
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
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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 the City
has issued the Contractor a notice of Final Acceptance.
Contractor must adhere to the applicable environmental protection guidelines for the duration of a Project.
If hazardous waste materials are used, detected, or generated at any time, the Project Manager must be
immediately notified of each and every occurrence. The Contractor shall comply with all codes,
ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA,
DERM, the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the
performance of the Work.
The Contractor shall take the responsibility to ensure that all Work is performed using adequate
safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades,
chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the
protection of its employees, as well as the public and City employees. All riggings and scaffolding shall
be constructed with good sound materials, of adequate dimensions for their intended use, and
substantially braced, tied or secured to ensure absolute safety for those required to use it, as well as
those in the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders
and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all
federal state and local regulations.
All open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular
and pedestrian traffic. No open trenches or holes are to be left open during nighttime or non -working
hours without the prior written approval of the Project Manager.
If an emergency condition should develop during a Project, the Contractor must immediately notify the
Project Manager of each and every occurrence. The Contractor should also recommend any appropriate
course(s) of action to the Project Manager.
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:
The potential for fire, explosion, corrosion, and reaction;
• 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
• 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.
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19. Labor and Materials
Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools,
equipment, Tight, 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 site(s) and shall not employ on the Project 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, codes, public agency or similar
required 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.
21. Consultant Services
The City, at its sole discretion, may hire a Consultant who shall serve as the City's Representative for the
Project 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 23, Authority of the Project
Manager.
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 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.
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23. Superintendence and Supervision
The orders of the City are given through the Consultant or the 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 the Project Manager. The superintendent shall not be replaced except with the written consent of the
Project Manager, 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 the Project
Manager upon the written request of Contractor. Contractor shall give efficient supervision to the Work,
using Contractor's best skills and attention. The Project Manager shall be provided telephone number(s)
for the superintendent, where the superintendent can be contacted during normal working hours as well
as after hours for emergencies,
On Projects in excess 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 conditions 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 site(s); visitors
to the Project site, including regulatory representatives the City; 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 site(s) and shall be
available at all times for inspection and copying by Project Manager and Consultant.
The Project Manager, Contractor, Construction Manager, CEI, 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 the City, in writing, and the City 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 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 shall promptly
respond to requests of the Project Manager, including the withdrawal or modification of any previous
order, and regardless of whether the Contractor agrees with the Project Manager's determination or
requests. Where requests are made orally, the Project Manager will follow up in writing, as soon
thereafter as is practicable.
The Project Manager shall have authority to act on behalf of the City to the extent provided by the
Contract, unless otherwise modified in writing by the City. All instructions to the Contractor shall be
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issued in writing, and shall be issued. All instructions to the Contractor shall be issued through the
Director or Project Manager.
The Project Manager shall have access to the Project 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 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 will not be responsible for construction means, methods, techniques, sequences,
or procedures, or for safety precautions and programs in connection with the Work, and will not be
responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents.
The Project Manager 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
The Project Manager, Consultant, Construction Engineering Inspector (CEO, and other City
representatives shall at all times have access to the Work during normal work hours, and Contractor shall
provide proper facilities for such access and for inspecting, measuring, and testing.
Should the Contract Documents, Consultant, CEI, 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
the Project Manager 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 the Project Manager, it must, if required by the
Project Manager, be uncovered for examination and properly restored at Contractor's expense,
Unless otherwise provided, the Contractor shall arrange for such tests, inspections, and approvals with
the City's testing laboratory or entity. The Contractor shall give the City and the Project Manager timely
notice of when and where tests and inspections are to be made so that the City or Project Manager may
be present for such procedures.
Re-examination of any of the Work may be ordered by the City, 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 that 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 the Project Manager.
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The payment of any compensation, whatever may be its character or form, or the giving of any gratuity
or the granting of any favor by the Contractor to any Inspector, directly or indirectly, is strictly prohibited,
and any such act on the part of the Contractor will constitute a breach of this Contract.
26. Taxes
Contractor shall pay all applicable sales, consumer, use and any other taxes required by law, rule, or
regulation. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and
complying with all requirements.
27. Separate Contracts
Prior to the commencement of the Work, the City 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
Project Manager will assist the Contractor in coordinating the Work; however, the sole responsibility for
coordination rests with the Contractor,
If any pail of Contractor's Work depends for proper execution or results upon the Work of any other
persons, Contractor shall inspect and promptly report to the City 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 that 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 the Project Manager 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 4, Supplemental Terms
and Conditions, Article 1, Contract Time and Hours. Contractor shall ensure that the performance of the
Work does not impact any ongoing operations at Project 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
site.
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30. Differing Site Conditions
In the event that during the course of the Work Contractor encounters subsurface or concealed conditions
at the Project site(s) which differ materially from those shown in the Contract Documents and from those
ordinarily encountered and generally recognized as inherent in Work of the character called for in the
Contract Documents; or unknown physical conditions of the Project 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 City in writing of the existence of the aforesaid conditions. The City 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 the City, 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, the City shall recommend an equitable adjustment to the Contract
Documents Price or Contract Documents Time, or both. If the City 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 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 the City 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 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 (48)
hours before the Contractor commences any digging. The Contractor is responsible far removing all
utility markings once the Work is completed. Final payment to the Contractor may be withheld until the
utility marks are removed.
32. Contractor's Responsibility for Utility Properties and Service
Where the Contractor's operations could cause damage or inconvenience to railway, telephone, fiber
optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make
all arrangements necessary for the protection of these utilities and services or any other known utilities.
Notify all utility companies that are affected by the construction operation at least forty-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 their Subcontractors shall be solely and directly responsible to the owner and
operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions,
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or claims of any character brought because of any injuries or damage that 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 City.
Replace, with material approved by the City, 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 City.
Replace, with material approved by the City, 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 at the Contractor's expense.
If existing structures are encountered that will prevent construction as shown, the Contractor shall notify
the Project Manager before continuing with the Work in order that the City may make such field revisions
as necessary to avoid conflict with the existing structures. Where the Contractor fails to notify the Project
Manager when an existing structure is encountered, and proceeds with the Work despite this
interference, the Contractor does so at their own risk.
35. Contractor's Use of Project Site(s)
Limitations may be placed on the Contractor's use of the Project site(s) and such limitations will be
identified by the Project Manager. In addition to such limitations, the Project Manager may make storage
available to the Contractor, at his sole discretion, based on availability of space. The Contractor shall
also coordinate and schedule deliveries so as to minimize disruptions to City day-to-day operations.
The Contractor shall limit its use of the Project site(s), so as to allow for the City's continuous operation.
This is necessary, as the Project site(s) may remain in operation during the Work.
■ The Contractor shall:
Confine operations at the Project site(s) to the areas permitted by the Project Manager;
not disturb portions of the Project site(s) beyond the specified areas; conform to Project
site(s) rules and regulations affecting the Work.
•:• 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.
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•:• 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 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 City, 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 freight on board (FOB) job
site. The Contractor shall request a seven (7) calendar day advance notice of shipment from
manufacturers, and, upon receipt of such notice, provide the Engineer of Record with a copy of the current
delivery information concerning equipment items and material items of critical importance to the Project
schedule.
Receiving
The Contractor shall unload and record the receipt of all equipment and materials at the jobsite.
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
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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 City 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 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 City, 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:
Comply with manufacturer's requirements for the handling, delivery, and storage of all materials. Where
required by the Contract Documents, Contractor shall submit manufacturer's printed instructions for
delivery, storage, assembly, and installation.
Comply with the manufacturer's applicable instructions and recommendations for the performance of the
Work, to the extent that these instructions and recommendations are more explicit or more stringent than
requirements indicated in the Contract Documents including the Contract Documents.
Inspect each item of material or equipment immediately prior to installation and reject damaged and
defective items.
Provide attachment and connection devices and methods for securing the Work; secure Work true to line
plumb and level, and within recognized industry standards; allow for expansion and building movement;
provide uniform joint width in exposed Work; arrange joints in exposed Work to obtain the best visual
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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 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 City 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.
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 City.
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 City in
writing of any deviations from the Contract Documents. Failure of the Contractor to advise the City 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's or Consultant's action stamp
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• Submittal or re -submittal number (whether first, second, third, etc.)
• Date of submittal
Contractor shall sign, in the proper block, each sheet of shop drawing and data and each sample label
to certify compliance with the requirements of the Contract Documents. Shop drawings submitted without
the stamp, 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 City has returned approved submittals to the Contractor.
The City shall make every effort to review submittals within fourteen (14) calendar days from the date of
receipt by the City. The City'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 City 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 City 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 EOR'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 City's acceptance thereof. The Contractor warrants the adequacy for the purpose intended of any
shop drawings or portion of a shop drawing that alters, modifies, or adds to the requirements of the
Contract Documents.
Nothing in the City's review of shop drawings, Submittals and Samples shall be construed as authorizing
additional Work or increased cost to the City.
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 the City 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 the City 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.
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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 denoted either 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 provide 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.
The City shall review and accept or reject with comments, shop drawings within fourteen (14) calendar
days from the date received. The City'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 EOR. 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 the City along with its comments as to compliance, noncompliance, or
features requiring special attention.
If catalog sheets or prints of manufacturers' standard drawings are submitted as shop drawings, any
additional information or changes on such drawings shall be typewritten or lettered in ink.
The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear, thoroughly
detailed and shall have listed on it all Contract Documents references, drawing number(s), specification
section number(s) and the shop drawing numbers of related Work. Shop drawings must be complete in
every detail, including location of the Work. Materials, gauges, methods of fastening and spacing of
fastenings, connections with other Work, cutting, fitting, drilling, and any and all other necessary
information per standard trade practices or as required for any specific purpose shall be shown.
Where professional calculations and/or certification of performance criteria of materials, systems, and or
equipment are required, EOR is 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 (1) set of shop drawings marked with EOR'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
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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 (50%) completion of construction.
44. Samples
Contractor shall submit samples to illustrate the functional characteristics of the product(s). Submittals
shall be coordinated for different categories of interfacing Work. Contractor shall include identification on
each sample and provide full information.
45. Record Set
Contractor shall maintain in a safe place at the Project site(s) one record copy and one permit set of the
Contract Documents, including, but not limited to, all Drawings, Specifications, shop drawings,
amendments, Change Orders, RFIs, and Field Directives, as well as all written interpretations and
clarifications issued by the City, in good order and annotated to show all changes made during
construction. The record documents shall be continuously updated by Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field
conditions, changes resulting from Change Orders, Construction Change Directives, and Field Directives
as well as all written interpretations and clarifications, and all concealed and buried installations of piping,
conduit and utility services. Contractor shall certify the accuracy of the updated record documents. As
a condition precedent to City's obligation to pay Contractor, the Contractor shall provide evidence,
satisfactory to the City, that Contractor is fulfilling its obligation to continuously update the record
documents. All buried items, outside the Project site(s), shall be accurately located on the record
documents as to depth and in relationship to not less than two (2) permanent features (e.g. interior or
exterior wall faces). The record documents shall be clean, and all changes, corrections, and dimensions
shall be given in a neat and legible manner in red. The record documents shall be available to the City
and the Consultant for reference. Upon completion of the Work and as a condition precedent to
Contractor's entitlement to final payment, the record documents shall be delivered to the City 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 City 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.
The City 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 City 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.
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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 City prior to
resubmission to the permitting agency.
Acceptance by the City shall not relieve the Contractor from responsibility for errors and omissions in the
drawings.
48. Substitutions
Whenever materials or equipment are specified or described in the Contract Documents by using the
name of a proprietary item or the name of a particular supplier, the naming of the item is intended to
establish the type, function, and quality required. Unless the name is followed by words indicating that
no substitution is permitted, materials or equipment of other suppliers may be accepted by Consultant
sufficient information is submitted by Contractor to allow City and Consultant to determine that the
material or equipment proposed is equivalent or equal to that named. Requests for review of substitute
items of material and equipment will not be accepted by the City 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 City for acceptance thereof, certifying that the proposed substitute shall perform
adequately the functions and achieve the results called for by the general design, be similar and of equal
substance to that specified and be suited to the same use as that specified. The application shall state
that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement
of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will
require a change in any of the Contract Documents to adapt the design to the proposed substitute and
whether or not incorporation or use by the substitute in connection with the Work is subject to payment
of any license fee or royalty. All variations of the proposed substitute from that specified will be identified
in the application and available maintenance, repair and replacement service shall be indicated, The
application also shall contain an itemized estimate of all costs that will result directly or indirectly from
acceptance of such substitute, including costs for redesign and claims of other Contractors affected by
the resulting change, ail of which shall be considered by the Consultant in evaluating the proposed
substitute. The City 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 FOR 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 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 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.
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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 City 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 City prior to commencing
the Work.
The drawings are to be addressed as a complete set and should not be used in parts. Contractor is
responsible to coordinate the set of drawings with all trades to ensure that the Work will be performed
correctly and coordinated among the trades. Contractor shall not scale the drawings.
50. Interpretation of Drawings and Documents
Drawings and specifications are intended to be consistent, be mutually explanatory, and should be used
together and not separately. During the performance of the Project, should any errors, omissions,
conflicts, ambiguities or discrepancies be found in the drawings and/or specifications, the City will clarify
in writing the intent of the drawings and/or specifications and the Contractor agrees to abide by the City's
interpretation and perform the Work in accordance with the decision of the City. 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 City may at times issue field directives to the Contractor based on visits to the Project 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 City 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 City 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
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or additional Work within the scope of the Project 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 disputes or
disagreements with City, including disputes or disagreements concerning a request for a Change Order,
a request for a change in the Contract price or Contract time for completion. The Work shall not be
delayed or postponed pending resolution of any disputes or disagreements.
55. Change Orders
Changes in the quantity or character of the Work within the scope of the Project 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 89, 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 City 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 City expressly and
unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the
absence of such an order, the City 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 City 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 City
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 of both the Extra Work
and any other Work affected by the Extra Work.
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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 start the
Extra Work immediately. The Contractor is required to obtain permission for an extension to start the
Extra Work if it is beyond the Contractor's ability to start within the allotted timeframe.
The Contractor is required to provide the Project Manager with a detailed Change Proposal Request,
which shall include requested revisions to the Contract, including but not limited to adjustments in this
Contract Price and Contract Time. The Contractor is required to provide sufficient data in support of the
cost proposal demonstrating its reasonableness. In furtherance of this obligation, the City may require
that the Contractor submit any or all of the following: a cost breakdown of material costs, labor costs,
labor rates by trade, and Work classification and overhead rates in support of Contractor's Change
Proposal Request. The Contractor's Change Proposal Request must include any schedule revisions and
an explanation of the cost and schedule impact of the Extra Work on the Project. If the Contractor fails
to notify the City of the schedule changes associated with the Extra Work, it will be deemed 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%) of the direct labor and material costs, unless the
City 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 City, 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 the City. 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
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benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall
include superintendents and foremen at the site. The expenses of performing the Work after regular
working hours, on Sunday or legal holidays shall be included in the above to the extent authorized by
City.
Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage thereof, and manufacturers' field services required in connection therewith.
All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to
make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and
refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor
shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery
and the parts thereof whether rented from Contractor or others in accordance with rental agreements
approved by City with the advice of Consultant and the costs of transportation, loading, unloading,
installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The
rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer
necessary for the Work.
If required by the City, Contractor shall obtain competitive bids for the Change Order Work. Contractor
and shall deliver such competitive bids to the City who will determine which bids will be accepted. If the
Subcontractor is to be paid on the basis of cost of the Work plus a fee, the Subcontractor's cost of the
Work shall be determined in the same manner as Contractor's cost of the Work. All Subcontractors shall
be subject to the other provisions of the Contract Documents insofar as applicable.
The term "Cost of the Work" shall include any of the following:
■ Cost of special Consultants, including, but not limited to, Consultants, architects, testing
laboratories, and surveyors employed for services specifically related to the performance of
the Work described in the Change Order.
• Supplemental costs including the following:
• The proportion of necessary transportation, travel, and subsistence expenses of Contractor's
employees incurred in discharge of duties connected with the Work except for local travel to
and from the site of the Work.
■ Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not owned by
the workmen, which are consumed in the performance of the Work, and less market value of
such items used but not consumed which remains the property of Contractor.
• Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed
by any governmental authority.
■ Deposits lost for causes other than Contractor's negligence, royalty payments, and fees for
permits and licenses.
■ The cost of utilities, fuel, and sanitary facilities at the site.
• Receipted minor expenses such as telegrams, long distance telephone calls, telephone
service at the site, expressage, and similar petty cash items in connection with the Work.
• Cost of premiums for additional bonds and insurance required because of changes in the
Work.
The term "Cost of Work" shall not include any of the following:
• Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnership and sole proprietorships), general managers, consultants, architects, estimators,
lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers,
clerks, and other personnel employed by Contractor whether at the site or in its principal or a
branch office, for general administration of the Work and not specifically included in the
agreed -upon schedule of job classifications, all of which are to be considered administrative
costs covered by Contractor's fee.
• Expenses of Contractor's principal and branch offices other than Contractor's office at the site.
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• 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, or soft costs such as consultant costs, or
any costs not directly attributable to the work.
■ 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 the City an itemized cost breakdown together with the supporting data.
Whenever a change in the Work is 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
City.
• Breakdown shall list the quantities and unit prices for materials, labor, equipment and other
items of cost.
• Whenever a change involves Contractor and one (1) 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 Work."
59. Extra Work Directive
If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or extenuating
circumstances, the City may nevertheless issue a directive to the Contractor to do the proposed Extra
Work. Immediately upon receipt of the Extra Work Directive, the Contractor shall be obligated to proceed
with the Work set forth in that directive.
Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to the Article 89,
Resolution of Disputes, by furnishing a written statement to the Construction Manager within five (5)
calendar 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 bid and have not been resolved prior to the issuance of the Extra Work Directive,
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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 bid. 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. The
Project Manager must approve any exceptions.
"Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost of the Extra
Work for (i) labor, which includes wages, payroll deductions, if any, made by the Contractor as employer
pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to
the State Unemployment insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv)
any increases in public liability and property damage insurance or performance and payment bonds
occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the
expense of supplies and small tools not operated by mechanical or electrical power), power for such plant
and a reasonable rental for the same (including small power tools), as determined by the Construction
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 supporting all the costs of the Extra Work. If payments on account are desired as the Extra
Work progresses, the Contractor shall render an itemized statement showing the total amount expended
for each class of labor and for each kind of material on account of each item of Work as a condition
precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the
Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor agreements,
records or other documents showing the actual cost for labor and materials, Such documents shall not
be binding on the City. The Project Manager shall determine any questions or dispute as to the correct
cost of such labor, 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%) 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 and prepare two copies of As -Built Record Drawings showing
correctly and accurately all changes and deviations made during construction to reflect the Work as it
was actually constructed. It is the responsibility of the Contractor to check the As -Built Drawings for
errors and omissions prior to submittal to the City and certify in writing that the As -Built Drawings are
correct and accurate, including the actual location of all internal piping, electrical/signal conduits in or
below the concrete floor. Indicate the size, depth, and voltage in each conduit.
Legibly mark to record actual construction: On -site structures and site Work as follows:
■ Depths of various elements of foundation in relation to finish first floor datum.
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• 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, andlor 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 that involve roadwork and drainage, Contractor shall provide complete as -built
information relative to location, size, and depth of new pipes, manholes, inlets, etc. Identify grading;
include locations of fittings, valves, fire hydrants, changing in pipe materials, water sampling points, thrust
blocks, benchmarks, etc. The information shall be accurately recorded by the Contractor and submitted
(signed and sealed by a Florida Certified P.L.S.) to the City of Miami prior final acceptance of the Work.
All recorded information on existing utility crossing encountered during construction, included but not
limited to pipes, inlets, manholes, etc., shall be recorded by a Florida Registered Surveyor and shown on
the record drawings.
The Project's as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all new and/or
existing vacuum cleaned drainage system openings (i.e., catch basins, inlets, manholes, etc.)
61. Worker's Identification
The Contractor's employees, who include any Subcontractor, shall wear an identification card provided
by the Contractor. The identification card shall bear the employee's picture, name, title, and name of the
employer. Failure by a Contractor's employee to wear such identification may result in his removal from
the Work until such time as the identification card is obtained and worn. Such removal shall not act as a
basis for the Contractor to submit a claim for an extension of time.
62. Removal of Unsatisfactory Personnel
The City may make written request to the Contractor for the prompt removal and replacement of any
personnel employed or retained by the Contractor, or any or 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).
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63. Substantial Completion, Punch List, and Final Completion
The Work shall be substantially complete when the City, in the reasonable exercise of their discretion
determines that the Work is complete, 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 City
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 City 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 City shall
schedule the date, 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 City 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 City shall indicate that the Work is
substantially complete subject to completion of the Punch List. Where the City determines, on the
appropriate form that the Work is not substantially complete, the City 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 City and the Contractor shall agree on the time reasonably required to complete all remaining Work
included in the Punch List.
Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment,
the City shall notify the Contractor in writing of the closeout of the Project.
The City will prepare a Certificate of Substantial Completion in the form that shall establish the Date of
Substantial Completion. Once substantial completion is achieved, the City shall be responsible for
security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list all Work
yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The
failure to include any items of corrective Work on such list does not alter the responsibility of Contractor
to complete all of the Work in accordance with the Contract Documents. Warranties required by the
Contract Documents shall commence on the date of Final Acceptance completion of the Work or
designated portion thereof unless otherwise provided in the Contract Documents.
64. Acceptance and Final Payment
Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance,
the City shall, within ten (10) calendar days, make an inspection thereof. If the City finds 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 the City. Said Certificate shall state 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 City a final release of
all liens arising out of the Contract Documents, receipts in full in lieu thereof; an affidavit certifying that ail
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;
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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 the Project Manager 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:/Iwww.dep.state.fl.uslwaterlstormwater/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) business
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. Does 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; and
• 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
City determines that any information provided by the Contractor in support of a request for an extension
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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 City 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, except for Force
Majeure which must be requested within two (2) business 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 City 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 City a copy of the injunction or other orders and copies of the papers
upon which the same shall have been granted. The City shall be afforded the right to intervene and
become a party to any suit or proceeding in which any such injunction shall be obtained and move to
dissolve the same or otherwise, as the City may deem proper.
The permitting of the Contractor to proceed with the Work subsequent to the date specified in the Contract
(as such date may have been extended by a change order), the making of any payment to the Contractor,
the issuance of any Change Order, shall not waiver the City's rights under the Contract, including but not
limited to the assessment of liquidated damages or declaring Contractor in default.
68. Notification of Claim
Any claim for a change in the Contract Time or Contract Price shall be made by written notice by
Contractor to the City within ten (10) calendar 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 City 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 City in accordance with Article
69, 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.
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69. Extension of Time not Cumulative
In case the Contractor shall be delayed for any period of time by two or more of the causes mentioned in
Article 70, Excusable Delay, 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. Otherwise, Contractor shall be entitled only to extensions of the Contract Time for
completion of the Work as the sole and exclusive remedy for such resulting delay, in accordance with
and to the extent specifically provided above. NO EXCEPTIONS.
Except as may be otherwise specifically provided for in the Contract Documents, the Contractor agrees
to make no claim for damages for delay of any kind in the performance of the Contract Documents
whether occasioned by any act or omission of the City or any of its representatives (whether it is an
Excusable Delay or otherwise) and the Contractor agrees that any such claim shall be compensated
solely by an extension of time to complete performance of the Work. In this regard, the Contractor alone
hereby specifically assumes the risk of such delays, including without limitation: delays in processing or
approving shop drawings, samples or other submittals or the failure to render determinations, approvals,
replies, inspections or tests of the Work, in a timely manner. Contractor shall not receive monetary
compensation for City delay. Time extensions may be authorized, in writing, by the City in certain
situations.
71. Excusable Delay, Non-Compensable
Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its Subcontractors,
suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant,
or (ii) is caused jointly or concurrently by Contractor or its Subcontractors, suppliers or vendors and by
the City or Consultant. Then Contractor shall be entitled only to a time extension and no compensation
for the delay.
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 67,
Notification of Claim, hereof.
Failure of Contractor to comply with Article 67, Notification of Claim hereof as to any particular event of
delay shall be deemed conclusively to constitute a waiver, abandonment, or relinquishment of any and
all claims resulting from that particular event of delay.
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.
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73. Defective Work
Project Manager shall have the authority to reject or disapprove Work that Project Manager finds to be
defective. If required by the City, Contractor shall promptly either correct all defective Work or remove
such defective Work and replace it with Work in conformity with the Contract Documents. 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
the City, City shall have the authority to cause the defective Work to be removed or corrected, or make
such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making
such removals, corrections or repairs, shall be paid for out of any monies due or which may become due
to Contractor, or may be charged against the Performance Bond. In the event of failure of Contractor to
make all necessary repairs promptly and fully, City may declare Contractor in default.
If, within one (1) year after the date of Substantial Completion or such longer period of time as may be
prescribed by the terms of any applicable special warranty required by the Contract Documents, or by
any specific provision of the Contract, any of the Work is found to be defective or not in accordance with
the Contract Documents, Contractor, after receipt of written notice from City, shall promptly correct such
defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing
contained herein shall be construed to establish a period of limitation with respect to any other obligation
that Contractor might have under the Contract Documents including but not limited to any claim regarding
latent defects.
Failure to reject any defective Work or material shall not in any way prevent later rejection when such
defect is discovered, or obligate City to final acceptance,
74. Acceptance of Defective or Non-Conforminq Work
The City, in its sole discretion, may elect in writing to accept defective or non -conforming Work instead
of requiring its removal and correction. In such instances, a Change Order will be issued to reflect an
appropriate reduction in the Contract sum, or, if the amount is determined after final payment, any
difference in the amount shall be paid to the City by the Contractor.
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 City 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, taking down, replacement, and/or 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 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 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
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Contract and to complete the Work within a reasonable period of time, as determined by the City, and in
the event of failure to so comply, the Contractor does hereby authorize the City to proceed to have such
Work done at the Contractor's expense and that the Contractor will pay the cost thereof upon demand.
The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the
Contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an
emergency constituting an immediate hazard to the health or safety of personnel, property, or licensees,
the City may undertake, at the Contractor's expense, without prior notice, all Work necessary to correct
such hazardous condition when it was caused by Work of the Contractor not being in accordance with
the requirements of the Contract.
If, within one (1) year after the date of final completion of the Project or within such longer period(s) of
time as may be prescribed by law, by the Contract Documents, or by the terms of any applicable special
warranty required by the Contract Documents, any of the Work is found to be defective or not in
accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written
notice from the City to do so. The City shall give such notice promptly after discovery of the condition.
All such defective or non -conforming Work shall be removed from the site if necessary and the Work
shall be corrected to comply with the Contract Documents without cost to the City.
77. Maintenance of Traffic and Public Streets
Scope of Work
The Contractor shall be responsible for the maintenance of public streets and traffic control
necessary to perform the Work under the Contract Documents. The cost of traffic control shall
be included in the Contractor's bid.
Regulations
As used herein, any reference to Miami -Dade County, its departments, or its published
regulations, permits and data, shall be synonymous and interchangeable with other recognized
governing bodies over particular areas or streets, or their departments, published regulations (i.e.,
Manual of Uniform Traffic Control Devices (MUTCD), Federal Department of Transportation
(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, Traffic Division, or FDOT or as otherwise authorized by the
City, the Contractor shall make arrangements for the employment of uniformed off -duty police
officers 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.
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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 City 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 (48) hours prior to any excavation. Any loop detector which is
damaged, whether shown on the Plans or not, shall be repaired or replaced to the satisfaction of
the Miami Dade County Signs and Signal Division (Phone No. 305-592-3470).
Where applicable, the Contractor shall notify the Traffic Division twenty-four (24) hours in advance
of the construction date or forty-eight (48) hours in advance of construction within any signalized
intersection.
Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to
be routed over swale or median areas. When the temporary pavement for routing traffic is no
longer necessary, it shall be removed, and the swale or median areas restored to their previous
condition.
Pavement markings damaged during construction shall be remarked, as required by the Traffic
Division.
Maintenance of Traffic for Bypass Pumping
The Contractor shall take appropriate steps to ensure that all temporary pumps, piping and hoses
are protected from vehicular traffic and pedestrian traffic.
Lane Closures
Where construction of the Project shall involve lane closures public streets, the following shall
apply:
Lane closures require a Lane Closure Permit, obtained two weeks prior to planned construction,
with a minimum forty-eight (48) hour prior notice to local police and emergency departments
(some police jurisdictions may require considerably more notice). Lane closures of a one day or
less duration will generally not be approved for major collector streets or for arterial streets during
the hours of 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. weekdays.
78. Location and Damage to Existing Facilities, Equipment, or Utilities
As far as possible, all existing utility lines in the Project 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
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utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of
permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No
additional payment will be made to the Contractor for utility relocations, whether or not said relocation is
necessary to avoid conflict with other lines.
The Contractor shall schedule the Work in such a manner that the Work is not delayed by the utility
providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and
all public and private utility providers occupying the right-of-way. No compensation will be paid to the
Contractor for any loss of time or delay.
All overhead, surface, or underground structures and utilities encountered are to be carefully protected
from injury or displacement. All damage to such structures is to be completely repaired within a
reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage
by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made
by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be
replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling
79. Stop Work Order
The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any
part, of the Work for a period of up to ninety (90) calendar days (or any lesser period), commencing no
sooner than the date the order is delivered to the Contractor, or the Stop Work Order may commence on
a later date as 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) calendar 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 88, 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 City, the Contractor may have been delayed by such suspension. In the event the City 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 City 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. 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 the
City.
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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 the City.
• Upon the City'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, 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 the City 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, City 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 (24)
hours. At the completion of a Project, Contractor shall remove all its waste materials and rubbish from
and about the Project 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 City shall determine to be just. All combustible
waste materials shall be removed from the Project 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 the 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.
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Any withholding, which is ultimately held to have been wrongful, shall be paid to the Contractor in
accordance with the Local Government Prompt Payment Act.
85. Event of Default
An event of default shall mean a breach of the Contract or by the Contractor. Without limiting the
generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of
Default, shall include but not limited to, the following:
• The Contractor has not performed the Work in a timely manner;
■ 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:
❖ Treat such failure as a repudiation of the Contract and/or;
•3 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 in writing, 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 should issue such Notification; however, the City
is under no obligation to issue such notification in the event the City Tacks actual knowledge of
the default. The City may grant an extension to the cure period if the City deems it appropriate and in
the best interest of the City, without waiver of any of the City's rights hereunder. The City, at its sole
discretion, may have a default corrected by its own forces or another Contractor and any such costs
incurred will be deducted from any sums due the Contractor under any Contract with the City.
87. Termination for Default
If Contractor fails to comply with any term or condition of the Contract Documents, or fails to perform any
of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default
hereunder which is not cured within the time specified to cure the default if one has been granted by the
City, the Director in addition to all remedies available to it by law, may immediately, upon written notice
to Contractor, terminate this Contract whereupon any advances for which Work has not been performed,
paid by the City to Contractor while Contractor was in default shall be immediately returned to the City.
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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 under Article 88, 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 sites) 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 site(s).
The Contractor shall, upon receipt of such notice, unless otherwise directed by the City:
■ Stop all Work on the Project on the date specified in the notice (the 'Effective Date");
• Take such action as may be necessary for the protection and preservation of the City's
materials and property;
• Cancel all cancelable orders for materials and equipment;
■ Assign to the City and deliver to the site, or any other location specified by the Project
Manager, any non -cancelable orders for materials and equipment that can not otherwise be
used except for Work under the Contract and have been specifically fabricated for the sole
purpose of the Work and not incorporated in the Work;
■ 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.
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■ 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 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. To the extent practical, the fair and reasonable
value shall be based on the price established because of the Contract. In no event, shall any
payments under this Paragraph exceed the maximum cost set forth in the Contract.
■ The amount due hereunder may be offset by all payments made to the Contractor.
■ All payments pursuant to this Article shall be accepted by the Contractor in full satisfaction of
all claims against the City arising out of the termination. Further, the City may deduct or set
off against any sums due and payable under this Article any claims it may have against the
Contractor.
■ Contractor shall not be entitled to lost profits, overhead or consequential damages as a result
of a Termination for Convenience.
• All payments made under the Contract are subject to audit.
Upon the City's payment in full of the amounts due the Contractor under this Article the Contractor
grants the City full use of the Work and any Work Product to complete the Project and subsequently
occupy the Project.
90. Resolution of Disputes
Contractor understands and agrees that all disputes between 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 be for the Contractor to notify the Project Manager in writing of the claim or dispute
and submit a copy to the City of Miami personnel identified in Section 3, Article 3, 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 OCI, as identified
in Section 3, Article 3, Notices. Upon receipt of said notification, the Assistant Director of OCI shall review
the issues relative to the claim or dispute and issue a written finding.
Should the Contractor and the Assistant Director of OCI fail to resolve the dispute, the Contractor shall
submit their dispute in writing within five (5) calendar days to the Director of OCI. 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 OCI shall review the issues relative to the claim or dispute and issue a
written finding.
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 the 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 ($100,000.00), 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
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(ii) a period of sixty (60) calendar days has expired after submitting to the City Manager a detailed
statement of the dispute, accompanied by all supporting documentation, or a period of ninety (90)
calendar 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.
If a party fails to timely take the written objection, as provided, in fourteen (14) calendar days, then such
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, and/or following the completion of the Project, the parties to this Contract agree
all unresolved disputes between them shall be submitted to non -binding mediation prior to the initiation
of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find
mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida.
The parties will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to include
such similar Contract provisions with all Sub -Contractors retained for the Work, thereby providing for non-
binding mediation as the primary mechanism for dispute resolution.
In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial
or to file permissive counterclaims in any action arising under this Contract.
In any mediation or litigation between the Parties, each Party shah bear their own attorney's fees
(except as to a civil action seeking enforcement / performance of obligations to indemnify).
92. City May Avail Itself of All Remedies
The City may avail itself of each and every remedy herein specifically given to it now or existing at law or
in equity, and each and every such remedy shall be in addition to every other remedy so specifically
given or otherwise so existing and may be exercised from time to time and as often and in such order as
may be deemed expedient by the City. The exercise or the beginning of the exercise, of one remedy
shall not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy.
The City's rights and remedies as set forth in the Contract Documents are not exclusive and are in
addition to any other rights and remedies in law or in equity.
93. Permits, Licenses, and Impact Fees
All applicable permit fees, including those assessed by the City, are the responsibility of the Contractor.
That includes also any other permit fees not directly related to the actual construction of the Project,
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
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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 for whom a Certificate of Competency is required.
Contractor shall pay impact fees levied by the City and/or Miami -Dade County. 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, rules,
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.
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 defend, indemnify, save and hold harmless the City against any
such liabilities, even if they arise from actions directed or taken by the City.
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96. Third Party Beneficiaries
Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract.
Therefore, the parties agree that there are no third -party beneficiaries to this Contract and that no third
party shall be entitled to assert a claim against either of them based upon this Contract. The parties
expressly acknowledge that it is not their intent to create any rights or obligations in any third person or
entity under this Contract
97. Successors and Assigns
Subject to Article 110, Section 3, 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 terminate 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 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. Parties shall bear their own attorney's fees.
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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 or more competitive sealed bids are received, one or more of which relates to commodities
manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida,
and whenever all things stated in such received bids are equal with respect to price, quality, and service,
the commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and
the State of Florida shall be given preference.
106. Royalties and Patents
All fees, royalties, and claims for any invention, or pretended inventions, or patent of any Article, material,
arrangement, appliance, or method that may be used upon or in any manner be connected with the
construction of the Work or appurtenances, are hereby included in the prices stipulated in the Contract
for said Work.
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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, 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 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 and to any claim for
a period of five (5) years following Final Completion of the Project.
Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation:
(1) Keep and maintain public records required by the City to perform the service; (2) upon request from
the City's custodian of public records, provide the public agency with a copy of the requested records or
allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not disclosed except
as authorized by law for the duration of the Contract term and following completion of the Contract if the
Contractor does not transfer the records to the City; (4) upon completion of the Contract, transfer, at no
cost, to the City all public records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public records to the City upon
completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the Contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the City,
upon request from the City's custodian of public records, in a format that is compatible with the information
technology systems of the City.
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.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT
PUBLICRECORDS(c�MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF
MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI,
FL 33130. THE CONTRACTOR MAY ALSO CONTACT THE RECORDS
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CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT (OCI) WHO IS
ADMINISTERING THIS CONTRACT.
109. No Interest
Any monies not paid by City when claimed to be due to Contractor under the Contract Documents,
including, but not limited to, any and all claims for damages of any type, shall not be subject to interest
including, but not limited to prejudgment interest. However, the provisions of Section 218.74(4), Florida
Statutes as such relates to the payment of interest, shall apply to valid and proper invoices.
110. Payments Related to Guaranteed Obligations
The City may withhold from any payments to be made such sums as may reasonably be necessary to
ensure completion of the Project with respect to defective Work, equipment, or materials that 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. In the event this Article is
found to be unenforceable, the shortest limitations period applicable to the action under Chapter 95,
Florida Statutes shall apply.
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, Section 3, Article
5, 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 Section 3,
Article 5, Indemnification, which is not the fault of the Contractor; the Contractor will be responsible for
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payment of attorney's fees and costs incurred in defense of the Contractor and of the City. This Section
shall survive the cancellation or expiration of this Contract.
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) calendar days' notice.
115. Mutual Obligations
This document, change order, field directive, and written clarifications issued under the Contract, and the
Contractor's submittals, shall constitute the Contract Documents between the parties with respect hereto
and supersedes all previous communications and representations or agreements, whether written or oral,
with respect to the subject matter hereto unless acknowledged in writing by their duly authorized
representatives.
Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any third party that is
not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory
control) to a party.
In those situations where the Contract Documents imposes an indemnity obligation on the Contractor,
the City may, at its expense, elect to participate in the defense of the claim if the City should so choose.
Furthermore, the City may, at its own expense, defend or settle any such claim if the Contractor fails to
diligently defend such claim, and thereafter seek indemnity for such cost from the Contractor.
116. Contract Extension
The City reserves the right to exercise its option to extend the Contract for up to ninety (90) calendar
days beyond the original Contract period. In such event, the City will notify the Contractors in writing of
such extensions.
117. Non -Exclusivity
It is the intent of the City to enter into a Contract with all successful Bidders that will satisfy its needs as
described herein. However, the City reserves the right, as deemed in its best interest, to perform, or
cause to be performed, the Work and services, or any portion thereof, herein described in any manner it
sees fit, including but not limited to; award of other Contracts, use of any Contractor, or perform the Work
with its own employees.
118. Nature of the Agreement
The Contractor shall provide the services set forth in the Contract Documents. The Contractor shall
provide full and prompt cooperation with the City in all aspects of the Work to be performed.
The Contractor acknowledges that the Contract Documents require the performance of all things
necessary for or incidental to the effective management and performance of a Project. 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
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subject matter of the Contract Documents shall be deemed to exist or to bind any of the parties hereto,
or to vary any of the terms contained herein.
120, Survival
The parties acknowledge that any of the obligations in the Contract Documents will survive the term,
termination and cancellation hereof, Accordingly, the respective obligations of the Contractor and the
City under the Contract, which by nature would continue beyond the termination, cancellation or
expiration thereof, should survive termination, cancellation or expiration thereof.
Provisions of this Contract that shall survive termination, cancellation, or expiration thereof, include
without limitation: Section 3, Article 5, Indemnification, Section 3, Article 88, Termination for Convenience,
Contract Price & Guaranteed Maximum Cost.
121. Disclosure of State Funding, if applicable.
If State funds are being used by the City to pay for this work, the City document whether payment will
come from funds appropriated by the state and, if known, the amount of such funds or the percentage of
such funds as compared to the anticipated total cost of the personal property or construction services.
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Section 4 - Supplemental Terms and Conditions
1. Contract Time and Hours
The Contractor shall furnish all labor, materials, equipment, toots, services, and incidentals to complete
all Work at a rate of progress that will ensure completion of the Work within the Contract Time.
Contractor shalt 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.
The Contractor shall maintain strict adherence to the mandated Contract time and schedule due to the
time sensitive nature of the Project's funding sources.
Work shall be performed Monday through Friday from 8:00 a.m. to 6:00 p.m. Any Work to be performed
outside of these times must be requested in writing to the Project Manager forty-eight (48) hours prior to
the requested change. The Project Manager will notify the Contractor in writing of any changes in
approved Work hours.
2. Progress Payments
Mobilization Partial Payments:
When the bid 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) calendar days duration or less, partial payment will be made
at fifty percent (50%) of the bid price per month for the first two (2) months. For Contracts in excess of
one hundred -twenty (120) calendar day's duration, partial payment will be made at twenty-five percent
(25%) of the bid price per month for the first four (4) months. In no event shall more than fifty percent
(50%) 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 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 at intervals of not
more than once a month or upon completion and Final Acceptance of the Work. Contractor will be paid
based on the line item breakdown, contained in the Bid Form, with payments based on actual Work
performed. All applications shall be submitted in triplicate and the Contractor shall only use the City's
Contractor Payment Application Form. Where the time frame for completion of the Work is less than or
equal to one month or a Schedule of Values is not required, the Contractor shall submit the appropriate
documentation as defined below. Supporting evidence to be included with any application for payment
shall include, but is not limited to, an updated progress schedule as required by Section 4, Article 6,
Release of Liens/Subcontractor's Statement of Satisfaction 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 City. Each application for payment shall be submitted in triplicate for approval.
City shall make payment to Contractor within thirty (30) calendar 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
and/or Federal Requirements relating to the CDBG funding.
In instances where multiple Projects are awarded, the Contractor shall submit separate applications for
Payment for each Project.
When the above grounds are removed or resolved satisfactorily 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 site(s) or another
location. Where a payment request is made for materials or equipment not incorporated in the Project,
but delivered and suitably stored at the site or at some other location agreed upon in writing, the written
documentation must be submitted at the time of request for payment. Payment shall be conditioned upon
submission by the Contractor of paid invoices and an executed Material Purchased/Stored On -Premises
form to establish the City's title to such materials or equipment, or otherwise protect the City's interest,
including applicable insurance in the name of City and transportation to the site.
Contractor retains sole liability to replace such stored materials or equipment as a result of damage or
loss for any reason.
3. Liquidated Damages
The Contractor is obligated and guarantees to complete the Project in the time set forth in the Contract
Documents or any approved extension of time the Contractor shall pay to the City liquidated damages
as follows. In the event of a delay in completion beyond the timeframe set forth in the Contract
Documents for Substantial Completion, the Contractor shall pay to the City for each and every calendar
day of unexcused delay, the sum of one thousand two hundred forty-one dollars ($1,241.00) 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
of six hundred twenty dollars and fifty cents ($620.50) per calendar day, which is hereby agreed
upon not as a penalty but as liquidated damages. The Contractor will be notified of any approved
exceptions or extensions. The total amount of liquidated damages shall not exceed the value of the
applicable Contract Documents.
The City shall have the right to deduct liquidated damages assessments from any payment due or which
may thereafter become due to the Contractor under any Contract the Contractor has with the City, In
case the amount, which may become due hereunder, shall be less than the amount of liquidated damages
due the City, the Contractor shall pay the difference upon demand by the City. Should the Contractor fail
to compensate the City for any liquidated damages, the City shall consider this as a form of indebtedness
and may deny any future Work under the Contract or any other City Contract until such indebtedness is
paid in full to the City.
The City shall notify the Contractor in writing that it is incurring liquidated damages.
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4. Schedule of Values
The Contractor must submit three copies of a Schedule of Values, which must be submitted within ten
(10) calendar days of the issuance of the Notice to Proceed. The Schedule of Values shall indicate a
complete breakdown of labor and material of all categories of Work on the Project. Contractor's overhead
and profit should be as separate line items. Each line item shall be identified with the number and title of
the major specification section or major components of the items. The City 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 (5%) of the value of the Contract.
The approved schedule of values shall be updated through the submittal of the City's Contractor Payment
Application Form.
5. Project Schedules
Contractor shall submit a proposed Project schedule as follows:
• Schedule identifying all tasks within the critical path. The proposed Project schedule shall be
submitted within ten (10) calendar days of the Notice of Award and such submittal shall be
subject to the City'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 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, subject to an
agreement under which an interest therein or an encumbrance thereon is retained by the seller or
otherwise imposed by the Contractor or such other person.
The Contractor shall, beginning with the second request for payment, attach a Partial Release of
Lien/Subcontractor's Statement of Satisfaction for each application for payment. Failure to submit such
documentation may delay payments. The City may, in its sole discretion withhold payments for Work
performed by Subcontractor where no release of lien has been submitted. The Contractor shall submit
with the final payment request, for any Project 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.
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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 City, to provide for the timely completion
of the Work.
Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with the City.
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 problem 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 the City an updated two -week look -ahead
schedule of construction activities and submittals.
8. Request for Information
The Contractor shall submit a Request for Information (RFl) 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 City shall respond in writing.
9. Project Site Facilities
The Contractor shall arrange for all Project 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.
Contractor's, Subcontractor's, supplier's, material persons personnel shall not use the City restrooms
that may be available at the Project site without the prior consent of the manager of the facility or the
Project Manager, where there is no manager of a facility. The Contractor shall provide and maintain at
his own expense, in a sanitary condition, such accommodations for the use of his employees as is
necessary to comply with the requirements including Chapter 46 of the Building Code and regulations of
the State of Florida Department of Health and Rehabilitative Services or Dade County Health
Department. The Contractor, his employees or his 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 City.
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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 City may authorize the use
of existing utilities. Such decision will be made at the sole discretion of the City.
The Contractor shall be required to obtain all necessary permits required for any Project 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 — Intentionally Omitted
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 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 Sictnage
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 site(s) as follows:
• The first sign shall be 4 feet wide and 8 feet high and constructed of pressure sensitive 2-mil cast
vinyl over mounted with 3-mil Mylar and mounted to 1 MDO with painted back. The sign shall be
mounted on 4-inch square wood or perforated "U" channel metal posts painted white, and be
readable at eye level. The colors to be used on the sign are as follows: the background shall be
white with blue lettering; the seal shall be white and gold with blue lettering form.
• The second sign shall reflect other funding sources for the Project and shall reflect the Project
information. The sign shall be 4 feet wide by 8 feet high by 3/4-inch (thick) exterior plywood,
suitably mounted and readable at eye level. The colors shall be blue and white. The background
shall be white, and all lettering shall be blue Helvetica. All paint shall be rated outdoor enamel.
The City will provide the City Seal in decal form.
• The Contractor shall also post appropriate construction site warning signs at the Work site. Such
signs shall be posted to warn pedestrian and vehicle traffic. Signage shall also be placed
waterside to alert boater to the construction zone, requiring idle speed and a minimum clearance
distance. Contractor shall provide drawings for the signage, which shall be subject to approval
by the Consultant.
• The Project Manager and the City shall approve the locations for all signage.
13. Construction Photographs
Contractor shall submit with each application for payment photographs that accurately reflect the
progress of the Work. Contractor shall submit once copy of each photograph in print and digitally. The
photographs shall be printed on 8" X 10" 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 City and shall reinstall or provide to the City as directed.
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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
dose proximity to other facilities), valves, tees, crosses and other stations not more than one hundred
feet (100') 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 centerlines, auxiliary lines
and a benchmark 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 City shall require the Work to be brought within the tolerances specified
elsewhere before backfilling 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, hand holes, 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 the City 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 the City prior to, and
as a condition of, final payment.
During the entire construction operation, the Contractor shall retain the services of a State of Florida
Registered Professional Surveyor and Mapper (P.S.M.) who shall maintain records of the installation,
including all deviations from the plans and specifications by obtaining "As -built" dimensions and
elevations. The surveyor shall prepare record as -built drawings showing correctly and accurately all
changes and deviations made during construction, including approved construction variances to reflect
the Work as it was actually constructed. "As -Built" drawings shall be submitted to the City on a monthly
basis.
Recording of Project Record
• Record all information for pipeline Projects and on -site Projects concurrently with construction
progress.
• Do not conceal any Work until the Contractor and the City record as -built information.
• Ali 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 one (1) length on both sides plus the face
end. Record the elevation, deviation from horizontal and vertical alignment and the inclination for
these items.
• Maintain records of all pipeline Project and on -site Project deviations from Drawings and
Specifications by a Florida Registered Professional Surveyor and Mapper (P.S.M.).
• For Pipe Installation in All Pipeline Projects and On -site Projects: During entire construction
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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, buildings, and miscellaneous items installed inside
them shall be recorded as applicable.
• Contractor's FRLS shall prepare as -built record drawings showing correctly and accurately the
installation, embracing all changes and deviations made during construction, including all
approved construction variances, to reflect the Work as it was constructed.
• Record Drawings shall be prepared on 4-mil Mylar as specified hereinafter. Record Drawings
and three (3) blue line copies shall be signed and sealed by the Surveyor and shall be submitted
to the City for 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 City 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.
17. Survey Work for Drainage Projects
The Contractor shall retain or employ a FRLS to lay out all storm sewer construction and provide final
measurements.
At the Project pre -construction meeting, to be attended by the Contractor's FRLS, the Contractor will be
provided a packet of information, from the City, showing the format to be utilized. The Contractor is
advised that the survey Work, including required final measurements, shall be according to City
Standards and are an integral part of the 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 5 — 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, the specified Work covered by the Contract Documents for the Project entitled:
Bid No: 17-18-008
Title: Miami Woman's Club Baywalk Project, D2 — B-30731
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 Tess 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 and fails to furnish the required Performance Bond and Payment Bond as well as 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 that 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.
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.
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BID FORM (Page 2 of 11)
Form SU must be submitted with Bidder's Bid. The SU Form can be found posted on the webpage with
the bid documents.
The Work consists of furnishing all materials, labor, and equipment necessary for the construction of the baywalk,
lighting, landscaping, and hardscape (trash receptacles and benches).
The full Scope of Work is detailed in the construction drawings.
Miami Woman's Club Bavwalk Project, D2
A. TOTAL BASE BID CONSTRUCTION COST -
(City of Miami Project No. B-30731) $
WRITTEN TOTAL BID CONSTRUCTION COST:
(Total Base Bid)
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BID FORM (Page 3 of 11)
The spreadsheet with Unit Prices is required to be submitted within the Bid Submittal Forms.
Bidders must download the version of MS Excel Bid Form that is available for download at:
http://www.miamigov.com/MiamiCapital/NewBidsandProposals.html
Failure to submit the spreadsheet may result in the bid being determined to be non -responsive. MS
Excel sheet shall round all bid price to the second decimal.
MIAMI WOMAN'S CLUB BAYWALK PROJECT, D2
B-30731 - ITB NO.: 17-18-008
Line
No.
Pay Item No.
Pay Item Description
Unit
Quantity
Unit Cost
Cost
1
1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
TOTAL
ongccua®a:100w R..c&gza E30g2crolIK
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BID FORM (Page 4 of 11)
DIRECTIONS: COMPLETE PART I OR PART 11, WHICHEVER APPLIES, AND PARTS III AND IV (If
applicable)
Part I: Listed below are the dates of issue for each Addendum received in connection with this bid:
Addendum No. 1, Dated
Addendum No. 2, Dated
Addendum No. 3, Dated
Addendum No. 4, Dated
Part 11: 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. Small Business Enterprise ("SBE") 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 "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.
3. Drug Free Workplace
The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the Bidder's workplace, and specifying the
actions that will be taken against employees for violations of such prohibition.
(2) Establishing a continuing drug -free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug -free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace.
(3) Giving all employees engaged in performance of the Contract a copy of the statement required by
subparagraph (1).
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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:
(5)
(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.
Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii)
above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include
the position title of the employee.
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one
of the following actions with respect to an employee who is convicted of a drug abuse violation occurring
in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health, law enforcement, or other
appropriate agency.
(7) Making a good faith effort to maintain a drug -free workplace program through implementation of
subparagraphs (1) through (6).
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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Miami Woman's Club Baywalk ITB No.: 17-18-008
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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 ten thousand dollars
($10,000.00) and not more than one hundred thousand dollars ($100,000.00) for each such failure.
* Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to
covered Contract/grant transactions over one hundred thousand dollars ($100,000.00) (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 (3) year period preceding this bid been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or Contract under a
public transaction; violation of Federal or State antitrust statutes or falsification or destruction of
records, making false statements, or receiving stolen property;
Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b of this
certification; and
(d) Have not, within a three (3) year period preceding this application, had one (1) 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:
(c)
(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; and
(5) Bidder will comply 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 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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BID FORM (Page 7 of 11)
(i) The Bidder shall provide any information requested by the Chief Procurement Officer or
Procurement Officer 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 non -responsible. The prospective contractual
party may demonstrate the availability of necessary financial, equipment, facility, and personnel
resources by submitting:
(1) Bidder will, upon request, furbish evidence that the contractual party possesses such necessary
resources;
(2) Bidder affirms it has acceptable plans to subcontract for such necessary resources; or
(3) Bidder will, upon request, submit a documented commitment for, or explicit arrangement with,
satisfactory sources to provide such necessary resources.
Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder shall
submit an explanation to the City of Miami in writing.
6. Local Workforce Participation Requirements
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
(a) have read and understood the provisions of City of Miami Ordinance 13332, codified as Section 18-
89 of the City Code pertaining to the Local Workforce Participation requirements on a quarterly basis;
(b) have identified in City Form Subcontractor Utilization ("SU") a third party independent who verifies
and is properly licensed under the provisions of F.S. 454,471,473, or 481 and who is not with the
Contractor; and
(c) the selected third party, who independently verifies compliance with this section, must have a
minimum of 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 bid 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
Dollars ($
)•
for the sum of
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 Name:
Signature:
Printed Name/Title:
City/State/Zip:
Telephone No.:
Facsimile No.:
Social Security
No. or Federal
I.D. No.:
E-Mai! Address:
Dun and
Bradstreet No.:
If a partnership, names and addresses of partners:
(if applicable)
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BID FORM (Page 9 of 11)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
a corporation organized and existing under the laws of the State of
, held on the day of , a resolution was duly passed and adopted authorizing
(Name) as (Title) of the corporation to execute bids on behalf of
the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official
act and deed of the corporation. I further certify that said resolution remains in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
Secretary:
Print:
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
a partnership organized and existing under the laws of the State of
, held on the day of a resolution was duly passed and adopted authorizing
(Name) as (Title) of the to execute bids on behalf of the partnership
and provides that his/her execution thereof, attested by a partner, shall be the official act and deed of the partnership.
I further certify that said partnership agreement remains in full force and effect.
Partner:
Print:
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
Joint ventures must submit a joint venture agreement indicating that the person signing this bid is authorized to
sign bid documents on behalf of the joint venture. If there is no joint venture agreement, each member of the
joint venture must sign the bid and submit the appropriate Certificate of Authority (corporate, partnership, or
individual).
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BID FORM (Page 10 of 11)
CERTIFICATE OF AUTHORITY
(IF INDIVIDUAL)
I HEREBY CERTIFY that, I (Name) , individually and doing business
as (d/b/a) (If Applicable) have executed and am bound by the
terms of the bid to which this attestation is attached.
Signed:
Print:
IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20
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BID FORM (Page 11 of 11)
STATE OF
COUNTY OF
NOTARIZATION
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 6 - Attachments
BID BOND FORM (Page 1 of 3)
State of
County of
City of
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:
MIAMI WOMAN'S CLUB BAYWALK PROJECT, D2
PROJECT NO.: B-30731
NOW THEREFORE:
(a) If the Principal shall not withdraw said bid within one hundred eighty (180) calendar days after date of
opening the same, and shall within ten (10) calendar 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 Code)
SURETY:
(Corporate Surety)
Affix
Seal
Surety Secretary (Signature of Authorized Officer)
(Title)
(Business Address)
(City/State/Zip Code)
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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
COUNTY OF
CITY OF
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 Bidder been in business under its current name and ownership?
Professional Licenses/Certifications (include name and number)* Issuance Date
('include active certifications of small business enterprise and name of certifying entity)
b. Date Bidder licensed by Dept. of Professional Regulation:
c. Qualified Business License: ❑Yes ❑No If Yes, Date Issued
d. What is Bidder's business?
(This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.)
e. Name of Qualifier, license number, and relationship to Bidder:
f. Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to
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)
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Business Entity Ownership:
a. Identify all owners of the Business Entity.
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
DEED
I=1 El El El
El 111
DO El El
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?
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6. Has any owner or employee of the Bidder been convicted of a federal offense or moral turpitude? If yes,
please explain:
7 Insurance and Bond Information:
a. Insurance Carrier name and address:
b. Insurance Contact Name, telephone, and e-mail:
c. Insurance Experience Modification Rating (EMR):
(if no EMR rating please explain why)
d. Number of Insurance Claims paid out in last five (5) years and their corresponding value:
e. Bond Carrier name and address:
f. Bond Carrier Contact Name, telephone, and e-mail:
g. Number of Bond Claims paid out in last five (5) years and their corresponding value:
8. Have any claims lawsuits been file against the Bidder in the past five (5) years? If yes, identify all Bidder
has either settled or an adverse judgment has been issued against Bidder. Identify the year, basis for
the claim or judgment, and settlement; unless the value of the settlement is covered by a written
confidentiality agreement.
9. To the best of Bidder's knowledge, is Bidder or any of Bidder's officers currently under investigation by
any law enforcement agency or public entity? If yes, provide details:
10. Has Bidder been assessed liquidated damages or defaulted on a Project in the past five (5) years?
Yes ❑ No ❑ If yes, provide an attachment that provides an explanation of the Project.
11. Has 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.
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12. Provide an attachment listing all of the equipment, with a value of five thousand dollars ($5,000.00) or
greater, owned by the Bidder.
B. Project Management and Subcontract Details
1. Bidder's Project Manager for this Project:
a. Name:
b. Years employed by Bidder:
c. Licenses/Certifications:
d. Last three (3) Projects with the company including role, Scope of Work, and value of Project:
2. Subcontractors:
Name
Trade
%o of Work License No. Certification*
("active certifications of small business enterprise and name of certifying entity)
3. Scope of Physical Labor Construction Work to be performed by 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 and scope. Provide an attachment to this Questionnaire that includes
Completed Projects the Bidder 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 and e-mail, title of
Project, location of Project, scope, initial value and final cost of the Project, projected and final timefrarnes
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, Construction
Manager at Risk (CMAR), 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.
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D. Bidder's References
Bidders are to include a minimum of three (3) 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 owners and organizations for which the
Bidder has provided construction services in addition to the required minimum three (3) marine dock, boat ramp
or seawall Projects specified in the Minimum Requirements on page 6, above.
1)
2)
Company Name
Address
Contact Person/Contract Amount
Telephone No.: /Email
Company Name
Address
Contact Person/Contract Amount
Telephone No.: /Email
3) Company Name
Address
Contact Person/Contract Amount
Telephone No.: /Email
4) Company Name
Address
Contact Person/Contract Amount
Telephone No.: /Email
5) Company Name
Address
Contact Person/Contract Amount
Telephone No.: /Email
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Cttp of timt
To Whom It May Concern
Subject: Reference Letter
Emilio T. Gonzalez, Ph.D.
City Manager
The Following Section to be Completed by the Bidder.
Name of Bidder:
The above referenced Bidder is responding to a bid that has been issued by the City of Miami. The City
requires that the Bidder provide written references with their bid submission. By providing you with this
document, the Bidder is requesting that you provide the following reference information. The City would
appreciate you providing the information requested below, as well as any other information you feel is
pertinent:
Name of Referenced Project:
The Following Section to be Completed by the Project Owner.
Scope of Referenced Work:
Did the Scope involve repair or construction of a marine dock, boat ramp, or seawall? ❑ Yes ❑ No
Value of Project: $ Date Completed:
Percentage of physical construction Work self -performed by Bidder:
Was Project completed on time and 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:
Name of Project Owner: Date:
Signature of Project Owner's Representative:
Title:
Telephone: E-mail:
Sincerely,
Annie Perez, CPPO, Director
Department of Procurement
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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):
PRESENT
Street Address:
City:
State: How long at this location:
PREVIOUS
Street Address:
City:
State How long at this location:
According to Section 18-73 of the City of Miami Code, as amended:
City of Miami "Local Office" means a business within the City which meets all of the following criteria:
1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable
street address that is located within the corporate limits of the City for a minimum of twelve (12) months
immediately preceding to the date bids were received for the purchase or Contract at issue. For purposes of
this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty
(40) hours per calendar week, whether as a duly authorized employee, officer, principal, or owner of the local
business. A post office box shall not be sufficient to constitute a local office within the City; and
2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a
term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately
preceding the date bids 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 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 were received shall be
acceptable to satisfy the requirements of this section, and shall be available for review and approval by the Chief
Procurement Officer or its designee; further requiring that historical, cleared rent checks or other rent payment
documentation in writing that documents local office tenancy shall be available for review and approval by the
Chief Procurement Officer or its designee; and
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SUPPLEMENT TO BID FORM:
OFFICE LOCATION AFFIDAVIT (Page 2 of 3)
3) Has had for a minimum of twelve (12) months immediately preceding the date bids 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 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 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 be borne by the business applicant submitting a bid.
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 to promote economic development
within the corporate limits of the City of Miami.
I (we) certify, under penalty of perjury, that the office location of our firm has not been established with the sole
purpose of obtaining the advantage granted bona fide local Bidders by this section.
Print Name Print Name
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 MIAMI-DADE
That: personally appeared before me and
acknowledged the foregoing instrument as his/her act and deed.
That he/she has produced as identification.
NOTARY PUBLIC:
My Commission Expires:
Please submit with 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 CITY CODE SECTIONS 18-87, 18-89 and 18-120
I, hereby certify that:
i) I, am the (President/Secretary or
Principal) of (Bidder's Firm);
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 Small Business Enterprise ("SBE");
OR
b. (Bidder) hereby is certified by Miami -Dade
County as a SBE firm and will self -perform to meet the minimum fifteen percent (15%) SBE
requirement. An active copy of the Bidder's SBE certification must be included in the bid document.
iii) (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 and Benefits Requirements stated in Section 18-120 of the City of Miami Procurement Code.
OPTIONAL:
v) (Bidder) hereby agrees to make assignments pursuant
to Item iii), above, to certified SBE firms who maintain a "Local Office", as defined in City Code Section
18-73;
STATE OF
COUNTY OF
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 Bidder named therein in favor of the City.
Subscribed and Sworn to before me this day of , 20
My commission expires:
Bonded by
100
Notary Public, State of Florida at Large
Miami Woman's Club Baywalk ITB No.: 17-18-008
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THIS FORM MUST BE COMPLETED BY BIDDERS FOR PROJECTS WITH SBE REQUIREMENTS
SCHEDULE OF INTENT AFFIDAVIT (SOI)
SMALL BUSINESS ENTERPRISE PROGRAM ("SBE")
This Section must be completed by the Bidder/Proposer and the SBE Subcontractor that will be utilized for scopes of work on the project
Name of Bidder: Contact Person:
Address: Phone No.:
Project. Number:
15% SBE Dollar Amount
Project Name:
Contract Dollar Amount:
Name of Prime Bidder
Certification
No. (if
applicable)
Certification
Expiration Date
(if applicable)
Type of SBE Work to be
performed by the Bidder (if
applicable)
Bidder's self-
performance
percentage (%)
of Contract Value
Total Dollar ($) Amount of
Bidder's self -performance
undersigned intends to perform the following Work in connection with the above Contract:
Name of Subcontractor
Certification
No.
Certification
Expiration Date
Type of SBE Work to be
performed by the
Subcontractor
Subcontractor
percentage (%)
of Contract Value
Total Dollar ($) Amount of
Subcontractor's SBE
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 SBE
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
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
Inl
Miami Woman's Club Baywalk ITB No.: 17-18-008
Project, D2 - B-30731
REQUIRED SUBMISSION WITH BIDDER'S BID
LOCAL WORKFORCE PARTICIPATION BID QUESTION:
List all Contracts Bidder has performed for the City of Miami in the past three (3) years, which included
Local Workforce Participation requirements. The City will review all Contracts Bidder has performed for
the City in 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 in the past three (3) years. Please provide
factually detailed responses for each Project, and 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 Bidder;
(v) breakdown of local workforce used to meet the requirements (number of persons broken
down by trade and category);
(vi) if Bidder's company was unable to meet the Local Workforce Participation requirements,
explain the reasons why, and what efforts, if any, were utilized by Bidder to attempt to meet
these requirements;
(vii) if the Project was over one million dollars ($1,000,000.00) did Bidder hold a job fair(s), if
yes, provide the date and location of the job fair(s), number of attendees;
(viii) was a third party hired to verify and certify compliance with the Local Workforce Participation
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 Bidder by the City upon Project
completion, and
(x) if Bidder did not meet the goals, did you seek a waiver of the program requirements from
any City officials? Please explain in detail.
102
Miami Woman's Club Baywalk ITB No.: 17-18-008
Project, D2 — B-30731
Section 7 — Contract Execution
Contract Execution Form
THIS Contract # 17-18-008 made this day of in the year 20 in the
amount of $ dick here to enter textby and between THE CITY OF MIAMI, FLORIDA, hereinafter called
the "CITY," and Click here to enter text., hereinafter called the "Contractor."
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
above written.
WITNESS/ATTEST Click here to enter text ., 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 Emilio T. Gonzalez, Ph.D., 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
103
Miami Woman's Club Baywalk ITB No.: 17-18-008
Project, D2 — B-30731
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)
104
Miami Woman's Club Baywalk ITB No.: 17-18-008
Project, D2 — B-30731
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: 17-18-
008 Miami Woman's Club Baywatk, D2, 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
105
Miami Woman's Club Baywalk ITB No.: 17-18-008
Project, D2 — B-30731
FORM OF PERFORMANCE BOND (Page 2 of 2)
4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of
the Contract Documents, and upon determination by Surety of the lowest responsible Bidder,
or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder,
arrange for a Contract between such Bidder and City, and make available as Work progresses
(even though there should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the Contract Price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall
mean the total amount payable by City to Contractor under the Contract and any amendments
thereto, less the amount properly paid by City to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation other than City
named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents
and compliance or noncompliance with any formalities connected with the Contract or the changes does
not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20
WITNESSES:
(Name of Corporation)
Secretary By:
(Signature)
(CORPORATE SEAL)
IN THE PRESENCE OF:
106
(Print Name and Title)
INSURANCE COMPANY:
By:
(Agent and Attorney -in -Fact)
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
Miami Woman's Club Baywalk ITB No.: 17-18-008
Project, D2 — B-30731
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. 17-18-008 Miami
Woman's Club Baywalk, D2, 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) calendar 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) calendar 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.
107
Miami Woman's Club Baywalk ITB No.: 17-18-008
Project, D2 — B-30731
FORM OF PAYMENT BOND (Page 2 of 2)
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Contract or the changes does not affect
the Surety's obligation under this Bond.
Signed and sealed this day of , 20
ATTEST:
Secretary
(Corporate Seal)
IN THE PRESENCE OF:
108
By:
By:
CONTRACTOR:
(Name of Corporation)
(Signature)
(Print Name and Title)
day of , 20
INSURANCE COMPANY:
(Agent and Attorney -in -Fact)
Address:
(Street)
(CitylStatelZip Code)
Telephone No.:
Miami Woman's Club Baywalk ITB No.: 17-18-008
Project, D2 — B-30731
CERTIFICATE AS TO CORPORATE PRINCIPAL
, certify that I am the Secretary of the corporation
named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond);
that , who signed the Bond(s) on behalf of the Principal, was then
of said corporation; that I know his/her signature; and his/her signature thereto is genuine;
and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority
of its governing body.
Secretary (on behalf of)
Corporation
STATE OF
COUNTY OF
(SEAL)
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:
109
Notary Public, State of Florida at Large
Bonded by
Miami Woman's Club Baywalk
Project, D2 - B-30731 ITB No.: 17-18-008
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2)
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
City of Miami
444 S.W. 25d Avenue
Miami, Florida 33130
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at by order
(branch address)
of and for the account of
(Contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of available by your drafts at sight,
accompanied by:
1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default
in performance of certain obligations on the part of (Contractor, applicant,
customer) agreed upon by and between the City of Miami, Florida and (Contractor,
applicant, customer), pursuant to Bid/Contract No. for (name of Project) and
Section 255.05, Florida Statutes.
Drafts must be drawn and negotiated not later than
110
(expiration date)
Miami Woman's Club Baywalk
Project, D2 - B-30731 ITB No.: 17-18-008
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2)
Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of
(Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of
Miami with written notice of our intent to terminate the credit herein extended, which notice must be provided at
least thirty (30) calendar 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
Miami Woman's Club Baywalk
Project, D2 - B-30731 ITB No.: 17-18-008
FORM A
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY
If the Bidder is submitting as a joint venture, please be advised that these two (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:
112
Miami Woman's Club Baywalk
Project, D2 - B-30731
ITB No.: 17-18-008
(c) Supervision of field operations:
NOTE: If, after filing this form and before the completion of the joint venture's work on the subject Contract,
there is any significant change in the information submitted, the joint venture must inform the 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 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 venture 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: Title:
Date: Date:
113
Miami Woman's Club Baywalk
Project, D2 - B-30731 ITB No.: 17-18-008
CITY OF PORT LAVACA
Request for Qualifications (RFQ) for Engineering and/or Architectural Services
for
HURRICANE HARVEY DISASTER RECOVERY ASSESSMENT
AND RESTORATION DEVELOPMENT
RFP 2017-10.26
The City of Port Lavaca is seeking the services of qualified engineering and/or architectural
consultants or multidisciplinary teams to assist in the assessment of damages to public facilities and
infrastructure caused by Hurricane Harvey; recommend actions for repair, upgrade, or mitigation;
prepare exhibits and other documents; develop Construction Plans, Specifications, Cost Estimates,
Mitigation Actions, Bid and Construction Documents; Construction Management; and perform other
related services for various projects that may be funded through the Federal Emergency Management
Agency (FEMA)'s Public Assistance grant program and/or the U.S. Department of Housing and
Urban Development (HUD)'s Community Development Block Grant Disaster Recovery Program.
These consulting services shall be performed in accordance with all local, State, and Federal laws,
regulations, and executive orders applicable to these grant programs.
The City will receive Statements of Qualifications from interested firms until 10:30 am, Monday,
November 6, 2017, at the location stated below. Submittals received after this deadline will not be
considered.
The complete submittal consisting of 1 original, 3 copies and 1 color pdf (cd or thumb drive) must
be delivered to City Hall in a sealed package, clearly marked on the outside RFP 2017-10.26 and
addressed to:
City of Port Lavaca
Attn: City Engineer — RFP 2017.10.26
202 N. Virginia Street
Port Lavaca, Texas 77979
To receive a copy of this Request for Qualifications (RFQ) or for information concerning this RFQ,
including specific requirements and evaluation criteria, please visit www.portlavaca.org or contact Jody
Weaver, the City Engineer, at 361-827-3601 or iweaver@portlavaca.org.
The CITY OF PORT LAVACA reserves the rights to negotiate with any or all firms submitting
qualifications. Small and minority businesses, women's business enterprises, and labor surplus area firms are
encouraged to submit qualifications and firms using subcontractors must solicit such firms in the
subcontracting process.
The CITY OF PORT LAVACA is an equal opportunity employer without regard to race, color, sex,
age, religion, national origin, persons with disabilities, or limited English proficiency.
1
General Scope of Work
The City of Port Lavaca seeks to obtain sealed proposals from qualified engineers and architects or
multi -disciplinary teams to assist in the assessment of damages to public facilities and infrastructure
caused by Hurricane Harvey; recommend actions for repair, upgrade, or mitigation; prepare exhibits
and other documents; develop Construction Plans, Specifications, Cost Estimates, Mitigation
Actions, Bid and Construction Documents; Construction Management; and perform other related
services, for various projects that may be funded through the Federal Emergency Management
Agency (FEMA)'s Public Assistance grant program and/or the U.S. Department of Housing and
Urban Development (HUD)'s Community Development Block Grant Disaster Recovery Program.
The selected consultant(s) must have knowledge of and provide all services in full compliance with
all local, State, and Federal laws, regulations, and executive orders applicable to these grant programs.
This work will include the assessment and project development, when authorized, for any of the City's
facilities and infrastructure including, but not limited to: fishing piers, boardwalks, bulkheads,
breakwaters, water and sewer facilities, roads, bridges, drainage, parks and other recreational
facilities, public buildings, and other structures. Project development will also include all permitting,
coordination with outside agencies, and any other items necessary to successfully development the
project in compliance with funding source requirements. A list of potential projects is attached as
Exhibit 1 to this RFQ.
The City of Port Lavaca may use this RFQ to enter into one or more contracts, each comprising one
or more partial scopes of work, projects, or stages of work. No work may commence and no cost may
be incurred on any scope of work, project, or work stage without prior written authorization to
proceed.
The executed contract will meet all rules for Federal grants, as provided for in Title 44 Code of Federal
Regulations and 2CFR 200.317 through 200.326 and Appendix II.
Technical Expertise
It is anticipated that the successful firm(s) will have extensive knowledge and expertise in the
technical areas of waterfront/marine engineering, structural engineering, civil engineering,
mechanical engineering, electrical engineering, environmental regulations and permitting,
architecture, coordination with state and federal resource agencies, contract management, and
construction phase services. It is anticipated that multiple contracts will be issued under this RFQ, so
it is not required that each respondent have expertise in all these areas. The SOQ should be specific
in describing which areas of expertise your firm is offering to provide.
Selection Process
This RFQ provides information necessary to prepare and submit a Statement of Qualifications
(SOQ) for consideration and ranking by the City of Port Lavaca using the point system described
below. The evaluation committee will rank the firms in order of the most qualified, based on
demonstrated competence and qualifications to perform the services and then make a determination
as to whether or not an informal meeting will be required of the top-ranking firms. Upon
authorization, the highest ranked firm will be asked to submit a fee proposal to begin contract
negotiations for a fair and reasonable price.
By submitting its SOQ in response to this RFQ, respondent accepts the evaluation process as outlined
in the SOQ Requirements and Evaluation section which follows.
2
Statement of Qualifications Requirements and Evaluation
Respondents shall carefully read the information in the following evaluation criteria and submit a
complete SOQ to all questions in this RFQ as formatted below:
Item 1: General Qualifications and Availability 15 pts
a. Provide the following information:
• Legal name of firm
• Location of Office that will be conducting the work
• Contact Persons
• Date of firm formation
• Legal business description (Individual, Partnership, Corporation, Joint Venture, etc.)
• A list of all current contracts pertaining to the Hurricane Harvey Disaster Declaration.
• Provide a summary of any litigation, claim(s), or contract disputes filed by or against the
firm in the past five (5) years which is related to the services that the firm provides in the
regular course of business.
b. Provide a statement on the availability and commitment of the firm, its principal(s) and
assigned professionals to undertake the project, reporting responsibilities and how the firm
will interface with the City of Port Lavaca's staff. Regular weekly, biweekly or monthly
project meetings will be required, depending upon the project.
c. Provide a statement of interest for the project including a narrative describing the benefits that
the City will realize in selecting the Respondent's tirm or team, including the firm's specific
expertise and unique qualifications, capabilities, specialized experience, hest practices or
other factors that distinguish the Respondent from other Respondents.
Item 2: Proposed Staff 25 pts
a. Organizational chart for personnel (including sub -consultants) who are to work on this
project including Iicensure information.
b. Names and roles of key personnel proposed to work on this project and their office locations.
c. Include resumes for all key personnel and indicate any individuals who have had previous
experience on similar projects.
d. Provide staffing size by areas of expertise.
e. Provide current workload of prime firm.
f. Provide staff availability to perform services.
g. Provide the Project Managers experience with similar size/type projects and knowledge of
similar Disaster Recovery Grant programs.
h. Provide the sub -consultants experience with similar size/type projects.
Item 3: Project Experience 40 pts
a. Provide an overview and brief history of the firm and sub -consultants.
b. Provide verifiable examples of at least five (5) similar projects completed in the last five (5)
years by the prime firm and sub -consultants, including:
• Project name and location
3
• Services provided
• Date of completion or project status
• Final construction costs
• Client name and contact person
• History of meeting project schedules
• History of accomplishing services within established budget, include planned vs. actual.
• Detail cost savings or cost increases.
Item 4: Project Approach 20 pts
a. Explain how the team will assess and design the project(s). Include how multiple or alternate
design options be considered, how the Federal procurement requirements will be met (Title
44 Code of Federal Regulations and 2CFR 200.317 through 200.326 and Appendix II), how
the requirements of the FEMA Environmental Compliance GREENSHEET will be met
(attached as Exhibit 2 to this RFQ), etc.?
b. Provide an example of a typical project schedule.
Responsiveness to Request for Oualifications:
SOQs shall be prepared simply and economically, providing a straightforward, concise description of
the respondent's ability to meet the requirements of this RFQ. Emphasis shall be on quality,
completeness, clarity of content, responsiveness to the requirements, and understanding of the City
of Port Lavaca's needs. One original and Two hard copies (limit 20 pages not including resumes) and
one digital PDF of the SOQ are required. The RFQ must be signed by a person having authority to
bind the firm in a contract.
Proposals must indicate "City of Port Lavaca - RFP 2017.10.26" on the coversheet.
Small and Minority Businesses, Women's Business Enterprises and Labor Surplus Area Firms
The respondent agrees to take all necessary affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used for subcontracted work when
possible and that all bid documents contain such required language for these affirmative action steps.
Affirmative steps must include:
1. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
5. Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce; and
6. The respondent shall, if subcontracts are to be let, take the affirmative steps listed in
paragraphs (1) through (5) of this section.
4
Good standing with the OFCCP
The firm and any subconsultants must be in good standing with the Office of Federal Contract
Compliance Program (OFCCP). A complete list of federally disbarred contractors can be found at
www.sam.gov. It is the sole responsibility of the firm to ensure that any subconsultants are in good
standing with the OFCCP and not on the debarment list.
• Submit the search results from www.sam.gov for the firm and any other subconsultants with
the SOQ.
Compliance with HB 1295
Prior to entering into an agreement, the successful finn(s) shall be required to complete Form 1295
in accordance with Texas HB 1295. The required form is completed online at
www.ethics.state.tx.us/file.
Certification Regarding Lobbying
Prior to entering into an agreement, the successful firm(s) shall file the required certification stating,
to the best of his or her knowledge and belief, that:
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 an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be 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.
The respondent 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 subrecipients shall certify and disclose
accordingly.
Pue Date and Contact
Statement of Qualifications Due: Monday, November 6, 2017 at 10:30 a.m. Central Standard
Time.
City of Port Lavaca
Attn: City Engineer — RFP 2017.10.26
202 N. Virginia Street
Port Lavaca, Texas 77979
(361) 552-9793 ext 224
5
Any questions about this RFQ may be directed to the City Engineer at the number above or emailed
to jweaverCportlavaca.org up through 10:30 am on Friday, November 3, 2017. Any Addenda to this
FRQ will be posted on the City's website and emailed to those firms which have notified the City
Engineer of their intention to submit a SOQ.
PERSONS OR FIRMS PRACTICING ARCHITECTURAL AND / OR ENGINEERING SERVICES
IN THE STATE OF TEXAS MUST POSSESS PROPER REGISTRATION IN ACCORDANCE
WITH TEXAS LAWS.
The City of Port Lavaca will not provide compensation or defray any costs incurred by any firm
related to the response to this request; reserves the right to negotiate with any and all persons or firms;
and reserves the right to reject any or all SOQ(s), or to accept any SOQ deemed most advantageous,
based on demonstrated competence and qualifications to perform the services, or to waive any
irregularities or informalities in the SOQ received, and to revise the process schedule as circumstances
arise.
6
DETAILED SCOPE OF SERVICES REQUESTED
Providers will help the locality fulfill State and Federal statutory responsibilities related to disaster
recovery for presidentially declared disasters in Texas. Providers will assist the locality in the
completion of qualified projects. Engineering contracts and services must be in compliance with
federal regulations at 2 CFR 200. Providers will be bound to specific terms and conditions found in
the general terms and conditions of their contracts.
DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS
Respondents should show their ability to provide the Engineering or architectural services that are
expected to be required for the various projects listed in the General Scope of Work. It is anticipated
that multiple contracts will be issued under this RFP, so it is not required that each respondent have
expertise in all the areas listed under Technical expertise. Please be specific in describing which areas
of expertise your firm is offering to provide.
Respondent shall then provide a detailed description of how they meet the requirement, describing
their knowledge and experience. as well as providing discrete examples of previous work where
applicable. The term "subrecipient" used below refers to the non-federal entity that is
soliciting qualifications. The term "respondent" refers to the firm submitting
qualifications.
General Requirements
(a) Coordinate, as necessary, between subrecipient and its service providers (i.e.,
Engineer, Environmental, Contracted Construction Company, FEMA PA
Consultant, Grant Administrator, etc.) and regarding project design services.
(b) Provide written monthly project status updates.
(c) Funding release will be based on deliverables identified in the contract.
Initial Engineering and Design Support
Respondents will be required to show the ability to provide all the Engineering
services described below:
(a) Assist with the development of grant applications, as necessary.
(b) Perform assessments upon the locality's request of hurricane -related damage
and where appropriate, failures to function related to key infrastructure and
facilities.
(c) Assist the City's FEMA Public Assistance Consultant whose role is to manage
and administer FEMA's reimbursement process under the PA program. Such
assistance may include, but is not limited to:
i. Identification of eligible work (PA Categories C-G)
ii. Prioritzation of recovery workload
iii. Loss measurement and categorization, insurance evaluation,
documentation adjusting and settlement
iv. Project Worksheet (PW) review
v. PW interim and final inspections
7
(d) Provide preliminary estimates of the scope and costs to repair, rehabilitate or
restore infrastructure and facilities to pre -disaster condition, considering
appropriate codes and design standards including hazard -resistant provisions
and American Disabilities Act, Section 106 historic preservation, hazard
mitigation eligible activities, pre-existing conditions, site conditions, access,
tie-ins to existing infrastructure, alternate functions, possible capacity
upgrades or "improved- projects, repair versus replacement costs, and other
relevant factors.
(e) Assist in the assessment of potential Hazard Mitigation measures at damaged
facilities including completion of Benefit Cost Analysis where required.
(f) Provide all project information necessary to ensure timely execution of the
environmental and historic preservation reviews.
(g) Provide preliminary engineering, investigations, and drawings sufficient to
achieve the preliminary design milestone, including at a minimum:
i. Cross sections/elevations
ii. Project layout/staging areas
iii. General notes
iv. Special notes
v. Design details
vi. Specifications
vii. Utility relocation designs
viii. Construction limits, including environmentally sensitive areas that
should be avoided during construction
ix. Required permits
x. Quantities
xi. Estimate of construction costs to within +/- 25%
xii. Schedules for design, permitting, acquisition and construction
(d) Design surveying, topographic and utility mapping.
(e) Perform subsurface explorations for project sites, as necessary.
(f) Prepare horizontal alignments/layouts for all proposed project alternatives
necessary to fully describe the project scope, anticipated limitations, and
potential project impacts.
(g) Recommend value engineering options (alternative design, construction
methods, procurement, etc.) that may improve efficiency, expedite the
schedule, or reduce project costs for the subrecipient.
(h) Identify, acquire and submit all necessary permits and approvals required for
design approval and construction.
(i) Submit all necessary deliverables to the appropriate entity for review and
8
comment. Adjust project and/or design to satisfactorily address any comments,
as necessary.
(j) Prepare plans and profiles, including vertical design information for the
selected alternative.
(k) Identify and address potential obstacles to project implementation (i.e.,
pipelines, easements, permitting, environmental, etc.) prior to moving forward
with the final design.
(1) Support subrecipient with acquisition or property/servitudes/right-of- way
documentation as required by the locality to facilitate the project, preparing
right of way surveys and/or property boundary maps and legal descriptions of
parcels to be acquired.
(m) Provide project schedules from cradle to grave in MS Project format or equal
as approved by the subrecipient based on state or federal guidance.
Engineering and Final Design Support
Respondents will be required to show the ability to provide all the Engineering
services described below as they relate to final design support:
(a) Prepare plans and profiles, including necessary design information for the
selected alternative sufficient to achieve all detailed design milestones.
Examples include, but are not limited to:
i. Cross sections/elevations
ii. Project layout/staging areas
iii. General notes
iv. Special notes
v. Design details
vi. Specifications
vii.Utility relocation designs
viii. Construction limits, including environmentally sensitive areas that
should be avoided during construction
ix. Required permits
x. Quantities
xi. Estimate of construction costs to within +/- 20%
xii. Schedules for design, permitting, acquisition and construction
(b)
Provide information to appropriate individuals for the development of
environmental fund release reports and floodplain maps.
(c) Identify, acquire and submit all necessary permits and approvals required for
design approval and construction.
(d) Provide hard copy, if necessary, reproducible plan drawings and bid documents,
in addition to electronic copies to the subrecipient, upon design completion, and
as requested during design. Electronic copies should be in the native format
(AutoCAD DWG) along with PDF packages and should contain all
9
(e)
corresponding references, databases, or files associated with the completed
design documents.
Assist the subrecipient and any service provider related to the project with all
necessary documentation to ensure compliance with all Program requirements
and regulations.
Bid and Award Support
Respondents will be required to show the ability to provide all the Engineering
services described below as they relate to bid and award support.
(a) Submit appropriate items and support subrecipient in the development of
complete bid package.
Prepare and assist subrecipient in the advertisements for bid solicitation in full
compliance with 2 CFR 200.
(b)
(c) Support development and issuance of bid -related documents necessary to
complete bid process (e.g., bid proposal form, bid addenda and supporting
documentation).
(d) Attend and support subrecipient at pre -bid conference and bid opening.
(e)
(f)
(g)
Support subrecipient with ongoing communication during bid process.
Support subrecipient to complete bid tabulation and evaluation of responses and
provide recommendation for award.
Support subrecipient to negotiate and finalize contract documents, including
issuance of the Notice to Proceed, in accordance with program and subrecipient
requirements.
(h) Support subrecipient in the conducting of a preconstruction conference.
Contract Management and Construction Oversight
Respondents will be required to show the ability to provide all the Engineering
services described below as they relate to contract management and construction
oversight.
(a) Ensure delivery of subrecipient project in accordance with contract.
(b) Provide ongoing Construction Oversight Reports detailing the status of
construction for subrecipient project.
(c) Review all service provider submittals to ensure compliance with construction
contract documents and provide recommendations to subrecipient.
(d) Provide periodic and final inspections and tests reports, as required for the
project.
Provide on -site supervision and oversight of construction activities at a
minimum on a bi-weekly basis or as directed by the locality.
(f) Review Construction Change Orders and provide recommendation to
10
(e)
(g)
(k)
subrecipient as to appropriate action.
Review invoice/draw requests and provide recommendation to subrecipient as
to appropriate action, in compliance with the construction contract documents.
Obtain independent cost estimates for validation purposes, as required.
Review and respond to requests for information/clarification.
Support subrecipient with issue identification and claims resolutions.
Enter all requisite information into systems of record in accordance with
established policies and procedures.
(1) DeveIop a final "as built" report of quantities, drawings, and specifications.
(m) Issue to the subrecipient, for execution, a Certificate of Construction
Completion within 30 days of final inspection approval.
(n) Deliver "as -built" drawings to the subrecipient within 30 days of project
completion.
(o) Host and/or attend project coordination meetings in person, by phone, or by
video conference, which may or may not fall during normal business hours.
(p) Perform other contract management and construction oversight duties as
required to ensure success of the subrecipient project.
(q) Provide necessary certifications to regulatory agencies of project completion
and compliance (ex. TCEQ).
(r) Submit all final invoices within 60 days after contract or work order expiration.
Specialized Services
Respondents shall show the ability to provide via in-house or a subconsultant, the
Engineering services described below as they relate to specialized services.
(a) Provide Geotechnical Investigations as may be required for a project.
(b) Provide underwater structural Investigations as may be required for a project.
(c) Provide Detailed Surveying as may be required for a project.
(d) Provide Site Specific Testing as may be required for a project.
(e) Provide Archeological Studies as may be required for a project.
(f) Provide Planning Studies as may be required for a project.
(g) Provide Feasibility Studies as may be required for a project.
11
Exhibit 1
List of potential Disaster Recovery Projects
One or more Professional Services contracts may be awarded for any one or more, or none of the
potential projects listed below.
This is not an all-inclusive list as there may be additional projects identified later.
Some of these projects may be accomplished using in-house engineering services.
• Repairs/upgrades to the Bauer Community Center, 2300 N. Hwy 35
• Repairs/upgrades to the Nautical Landings Office Building, 106 S. Commerce
• Repairs/upgrades to the WWTP Office building, 800 Commerce
• Repairs/upgrades to Evelyn's Fish House, 732 Broadway
• Repairs/upgrades to Faye Bauer Sterling Park, 115 E. Main Street
• Repairs/upgrades to exterior lighting at the WWTP, 800 Commerce
• Repairs to Fire Station #2, 800 Hwy 35
• Reconstruction/repairs of Lighthouse Beach Fishing Pier
• Reconstruction/repairs of Formosa Wetlands walkway and Alcoa Bird Tower
• Reconstnictionlrepairs of Bayfront Peninsula Fishing Pier
• Repairs to Lighthouse Beach rock groins
• Repairs to Lighthouse Beach Transient Boat Dock
• Repairs/upgrades to Lighthouse Beach restroom and bathhouse
• Repairs/ upgrades to electrical and controls systems at various Locations
• Renovation of sand beach area at Lighthouse Beach
• Repairs/renovation of bulkheads and other facilities at City Harbor, Bayfront Peninsula, and
Harbor of Refuge
• Repairs/renovation of Nautical Landings Marina and/or Breakwater
• Nautical soundings of City Harbor, Harbor of Refuge, City channels and beach area with
potential dredging to pre -storm conditions.
• Other repairs/renovation/upgrades to any City -owned facility
12
FEDERAL EMERGENCY MANAGEMENT AGENCY
FEMA ENVIRONMENTAL COMPLIANCE GREENSHEET
FEMA 4332-DR-TX
Environmental and Historic Preservation Guidance
As a condition of Federal Emergency Management Agency (FEMA) funding, projects must be reviewed for
compliance with all applicable environmental laws, regulations, and executive orders (EO). This "Greensheet"
provides you, Applicant, with guidance on FEMA's Environmental and Historic Preservation (EHP) review
processes to help you understand your obligations to ensure that all Federal and State compliance requirements
are met and how compliance may impact project funding. FEMA EHP staff are available to answer questions
and direct you to other resources as needed.
Federal Laws and Executive Orders
National Environmental Policy Act (NEPA)
National Historic Preservation Act (NHPA)
Clean Water Act (CWA)
Endangered Species Act (ESA)
Coastal Zone Management Act (CZMA)
Coastal Barrier Resources Act (CBRA)
EO 11988 Floodplain Management
ED 11990 Wetlands Protection
Environmental Compliance and Federal Funding
NEPA requires Federal Agencies to assess the environmental effects of their actions, such as funding disaster
recovery projects, prior to making funding decisions. NEPA incorporates the other environmental and historic
preservation laws into the final consideration of the proposed project or its potential alternatives. FEMA has
developed several levels of environmental review to streamline the types of projects commonly funded for
disaster recovery. A clear scope of work is needed to determine the level of review required under NEPA which
can impact project timelines. Some projects may require additional regulatory permitting or consultation with
State, Federal, or Tribal entities. FEMA EHP will advise Applicants on what to expect during the review process.
This guidance includes information regarding many, but not all, of the laws routinely addressed during disaster
recovery project review. Applicant has several compliance responsibilities which may be required before
funding can be approved or work can proceed. Failure to comply with applicable Federal, State, and Local
environmental and historic preservation laws could delay or jeopardize potential funding.
Debris and Hazardous Materials
Debris cleanup must be documented from removal to final disposition. For debris taken to a permitted landfill,
the location and permit number for the landfill should be included in the project worksheet. Temporary
emergency staging and disposal sites for the stockpiling, reduction, burning, and/or burial of disaster debris must
be approved by the Texas Commission on Environmental Quality (TCEQ) and the Texas Historical Commission
(THC). Applicants are required to complete the "Request for Approval of Temporary Debris Management Site
Form" and fax or email it to TCEQ and the "Disposal Site Evaluation and Registry Form" and fax or email it to
THC's Bill Martin. Once approved, the forms will be returned to Applicant. Applicant must provide FEMA with
the approved forms. Hazardous materials must be disposed of in a manner consistent with all State and Federal
laws. Debris should not be staged within the floodplain and should never be staged in a wetland area, even
temporarily. Debris removal from wetlands should be coordinated with the US Army Corps of Engineers
(USACE) and may require FEMA consultation with the US Fish and Wildlife Service (USFWS).
The THC Disposal Site Evaluation and Registry Form is attached. The TCEQ debris site request form can be
accessed at the following website: https://www.tceq.texas.qov/responseltornados/index/#manage-debris.
Coastal Areas
Projects located in mapped Coastal Zone Management Act (CZMA) areas or Coastal Barrier Resources Act
(CBRA) units may require additional consistency review or consultation with the Texas General Land Office
(GLO) or FEMA consultation with the USFWS prior to initiating work. Applicant is responsible for obtaining
any required approvals from the GLO Coastal Management Program (CMP) prior to the commencement
of work. The GLO Texas Coastal Boundary Map can be accessed at the following website:
http://www.dlo.texas.gov/coast/coastal-management/forms/index.htmi. The CBRA Mapper can be accessed at
the following website: https://www.fws.govlcbra/Maps/Mapper.html.
Work in or near Water or Wetlands
Projects that involve work in/or near water or wetlands, including dredging or filling, in -stream debris removal,
bank stabilization, or changes to culverts, crossings, or bridges, may require a permit from USACE. Applicant
is responsible for obtaining any required approvals or permits from USACE prior to the commencement
of work.
Cultural Resources
Section 106 of the NHPA requires Federal Agencies to take into account the effects of their activities on historic
properties prior to the approval of the expenditure of Federal funds. FEMA has executed a Programmatic
Agreement (PA) with THC which allows us to expedite many of the types of disaster recovery work that have
been demonstrated through experience not to have an adverse effect on historic properties. Projects involving
properties that are 45 years of age or older may require FEMA consultation with THC. All ground disturbing
activities, including staging areas and borrow sources, must be reviewed by a FEMA Archaeologist and may
require FEMA consultation with THC and Federally Recognized Tribes. A clear scope of work, including the age
of any existing buildings or structures and the location and description of all ground disturbing activities
is required to complete a review of the project.
Floodplains and Wetlands
FEMA reviews all projects to determine if they affect or will be affected by the floodplain and/or wetlands under
EO 11988 and EO 11990. The objective of these orders is to minimize and/or avoid future impacts to the natural
and beneficial values of floodprains and wetlands as well as impacts to facilities repaired using Federal funds.
Projects located within these resource areas may require the use of the "8-step" decision making process,
requiring public notification and involvement in the consideration of the proposed project and any practicable
alternatives. Applicant is responsible for obtaining any required approvals or permits from the local
floodplain administrator for any projects Iocated within the floodplain and the USACE for projects
Iocated in wetlands.
Threatened or Endangered Species and Critical Habitat
Projects that involve work in water or are Iocated within a natural area may have the potential to effect Threatened
or Endangered Species and/or Critical Habitat. FEMA is able to expedite the review of many types of disaster
recovery work which have been demonstrated through experience not to cause adverse effects. Some projects
may require additional consultation with USFWS specific to the work to be performed and individual species of
concern. The presence of Threatened or Endangered Species and/or Critical Habitat may affect project design,
construction timeframes, or require best management practices to minimize adverse effects. Projects with the
potential to affect Federally protected species may require FEMA consultation with the USFWS prior to
the commencement of work. Federally protected species in your area can be accessed at the following
website: https://ecos.fws.ciov/ipacl.
FEMA EHP
Kevin Jaynes
Regional Environmental Officer
Office: (940) 383-7224
kevin.jaynes(c fema.dhs.gov
Texas Division of Emergency
Management (TDEM)
State Public Assistance
Kristof Hermans
Supervising Program Director
Office: (512) 424-7843
Mobile: (512) 552-6849
Kristaf.Herrnans cr,dps.texas.gov
Hazard Mitigation
Dave Jackson, CEM
Section Administrator, Mitigation
Office: (512) 424-7820
Mobile: (512) 221-5365
David.Jackson(cr7dps.texas.qov
Contact information
US Army Corps of Engineers
Tulsa District
Regulatory Branch
Office: (918) 669-7400
Fort Worth District
Regulatory Branch
Office: (817) 886-1731
Galveston District
Regulatory Branch
Office: (409) 766-3869
Albuquerque District
Regulatory Office
Office: (575) 556-9939
United States Fish and Wildlife
Service (USFWS)
Ecological Services Field Offices
Ron Brinkley
Environmental Contaminants
Clear Lake, TX
Office: (281) 286-8282
Mobile: (281) 488-5882
ron brinkley(crfws.gov
Texas Commission on
Environmental Quality (TCEQ)
Central Office: (512) 239-1000
See attached regional information
Archaeological Sites and Ground
Disturbance
Texas Historical Commission
Bill Martin (Debris Removal)
Office: (512) 463-5867
bill. m a rti n@thc. texa s,gov
Historic Structures
Justin Kockritz
Office: (512) 936-7403
Justin. Kockritz(cthc.texas.gov
Ftoodplain Management
Michael Segner, CFM
State Ftoodplain Coordinator
Texas Water Development Board
Office: (512) 463-3509