HomeMy WebLinkAboutITB - Invitation to Bidcrry or MIAMI, FLORIDA
INTER-OPHOE MEMORANDUM
-ro: Mark Spanioli, PZ
Director
Depwtmott of Capital Irnprovernents
Mom Robert Fenton
Gonstyuction Manager
Department of Qwtal Improvements
PI'Seription:
PATE; April 6, 2.015 PIM B-40314
I
suBjr-or NW 18th Place, Road lmprovetnontg
RF-rERENCES: maggole, Inc.
ENOLOSURE8; Ch4ngC Order # I
Added scope by the,Owner, such as curb and gutters, approaches and sidewalks, Utility conflicts that
resulted in drainage structure changes, Over run quantities from hard bid line Items suoh -as add[tionol
paying on NW 7t1 Street and -additional stripping, Credits for line items 'not used, See attached Change
Order No. I for description and quantities,
'Tastification'.
Added scope by owner.
Utility conflicts that necessitated change of structures.
Additional paving required by MDC on NW 7t" Street,
Additional quantltlee° of contra6t line items necessitated due to field conditions.
Credits for contract line items not used.
01 Jeovanny lZodr1clue7, PY7, Assistaut ))!rector, Capital Iniprovellients Program
Robert Fentox4 CapiW Impro-voinents Program
Hector Badias, Design Prqjeat Manager
EXHIBIT A: PAGES 1 -7
City of Miami A Pk �.8 20115 Contract Change Order
tea",I
Project Name: NW 18th Place Road Improvements
Project No.: 5-40314
Contractor: Maggolc Inc
11020 SW 55 ST
Miami, FL 33165
Change Order No.: 1- Page 115
Contract Award Date: 01!2412014
Completion Date:
Revised Completion Date (prior to this change):
Extension(s) of Time Previously Approved:
days
Revised Completion Date (including this change):
Decrease
The Contractor and the City hereby agree to modify the Contract as follows: (Attach additional pages as necessary)
Item No,
Description of Chane
Contract
Frice
L;ontracz
ime
Design Error
Adjusted Contract Amount Prior to this Change Order
Increase
Decrease
Increase
Decrease
327701
Milling Exist Asphalt Pav, V 1,275 SY x $3
3,825,00
1
Total Percent Increase to Date {
3312
Type S -III Su er ave Cone. 116 Ton x $115
13,340.00
FT�t:ension of Time Allowed by tbis Change - days
1
520110
Cone, C&G Type F 1,463 LF x $20
29,260.00
15
52024
Concrete Curb Type D 80 LF x $20
1,600:00
1
5271
Detectable Warning (5 EA x $120)
600.00
1
57012.
Performance Turf, sod 340 SY x $5
1,700.00
1
529
Reconstruct Disturbed Dwy (25 EA x $700)
17,500.00
1 Q
4251901
,•
inlet<10' 0 EA x $3,000) (Delete S-12, S -2A,
S�4
9,400.00
1
3
Difference (Net)
(See
Next
Page)
SUMMARY OF CONTRACT AMOUNT
Reason for Change
Regulatory Change
Ori incl ContractAmount
City Requested x
Cost of Construction Changes Previously Ordered
Design Error
Adjusted Contract Amount Prior to this Change Order
Unforeseen/Unforeseeable
Cost of Construction Changes in this Change Order
Aqusted Coniract Amowit Inchiding this Change
Percentage Increase this Change Order ()%
Total Percent Increase to Date {
Contin enc Funds Used No
Contingency Contin enc Balance
FT�t:ension of Time Allowed by tbis Change - days
This change order is hereby in orp rte into ana becomes a Parc or me %,Uiru-auL �,vec<<aAcuLJ•
Accepted By Contractor: Date:
Accepted By CLP Director Date:
Distribution: Contractor AIE Finance Project File
Capital Improvements Program 1
CIP Form CO 444 SW 2nd Ave, 8' Floor
Miami, Florida 33130
p,V.,Gl IVI-D
r
til A°IR 18 Zf iS
(e. ❑ i '
city of Miami
Contract Change order
Project Name: NW 18th Place Road Improvements
Project No.: B-40314
Contractor: Maggolc Inc
11020 SW 55 ST
Miami, FL 33165
Change Order No.: 1- Page 215
a
Contract Award Date: 01/24/2014
Completion Date:
Devised Completion Date (prior to this change):
Extensions) of Time Previously Approved:
days
Revised Completion Date (including this change):
Inlet >10' 1 EA x $3,500 (8-2 C) 7,000,00
The Coritractor and the City hereby agree to modify the Contract as follows: (Attach additional pages as necessary)
Item No.
Description of Change Contract
Moe
uoniracr ime
City Requested x
Increase
Decrease
Increase Decrease
4251901
Inlet >10' 1 EA x $3,500 (8-2 C) 7,000,00
2
425241
Manhole T' ' e A<10' 4' EA x $3,350
13,400.00
4
425241
Manhole Type A>1 0' (5EA x'$3,500) .
17,500.00
6
4252104
Pollution ControlWeir ST 1 EA x $6,300
6,300.00
1
430175115
15" Diam. any depth cut (60 LF x $55)
3,300.00
1
430175124
24" Diam, any depth cut 266 LF x $60
15,960,00
3
430175130
30" Diam. any depth cut 123 LF x $62)
7,626.00
2
443704
French Drain, 15' D. 24" 130 LF x $100
13,000.00
2
Difference (Net) See
Next
Page)
SUMMARY OF CONTRACT AMOUNT
.Reason for Change
Regulatory Change
Original Contract Amount
City Requested x
Cost of Construction Changes Previously Ordered
Design Error'
Adjusted Contract Amount Prior to`tiris Change Order
Unforeseen/Unforeseeable
Cost of Construction Changes in this Change Order
Ad usted Conti -act Amount Including this Chcin e
Percentage Increase this Change Order
( )%
Total Percent increase to Date
)%q
Contingency Funds Used No
ontiigency Contingency Balance
,xtension of Time Allowed by this Change - days
This change order is here b z co to 'a. into ana necomes a pare of Luc k-vULLU"1-/VVU11LV111.D.
Accepted By Contractor:
Date: Aqh�
Accepted
By UP Director Date:
Distribution: Contractor A/E Finance Project File
Capital Improvements Program
444 SW 2"d Ave, 8'" Floor 2
C1P Form CO
Miami, Florida 33130
city of 1VIiami
.s�YiG
Contract Change Order
Project Name: NW 18th Place Road Improvements
Project No.. E-40314
Contractor: Maggolc Inc
11020 SW 55 ST
Miami, FL 33165
Change Order No.: 1- Page 315
Contract Award Date: 01/24/2014
Completion Date:
Revised Completion Date (prior to this change):
Extension(s) of Time Previously Approved:
days
Revised Completion Date (including this change):
Increase Decrease
The Contractor and the City hereby agree to modify the Contract as follows:.(Attach additional pages as necessary)
Item No.
Description of Change
Contract
Price
Contract Tme
Cost of Construction Changes Previously Ordered
Design Error
Increase
Decrease
Increase Decrease
443704
French Drain, 15' D. 30" 70 LF x $110
7,700,00
Percentage Increase this Change Order 1 0%
2
10214
Traffic Control Officer allowance
Contingency Contingency,Balance
10,000m
Extqfiaon of Time Allowed by this Change - days
430175118
18" Diam. any de th cut (159 LF x $58)
9,222.00
3
5221
Concrete Swk 4" 278 SY x $42)
11,676.00
5
5222
Concrete Swk 6" (220 SY x $47)
10,340.00
4
4256
Water Valve & MH Adjust 4 EA x $300
1,200.00
1
42261 F
Adjust water meter box (11 EA x $200)
2,200.00
2
000
Miami Parking Authority -Meter Rental
825.00
Difference (Net)
See
Next
Pa e
SUMMARY OF CONTRACT AMOUNT
Reason for Change
Regulatory Change
Original ContractAmount
City Requested x
Cost of Construction Changes Previously Ordered
Design Error
Adjusted Contract Amount Prior to this Change Order
Unforeseen/Unforesoeable
Cost of Construction Changes in this Chane Order
Adjuste Contract Ainount In cluXng this Cha"Re
_
Percentage Increase this Change Order 1 0%
Total Percent Increase to Date 1.0%
Contingency Funds Used No '
Contingency Contingency,Balance
Extqfiaon of Time Allowed by this Change - days
This change order is hereby inc rp rat i to and becomes a part of the Contract Documents,
Accepted By Contractor: Date: -A14
Accepted By CII' Director Date: _
Distribution: Contractor Ll AMED Finance-0—Project File
GIP Form CO Capital Improvements
a 3
444 SW 2 Ave, 8" Floor
Miami, Florida 33130
a Pj,1 yc G�2'ui
p y{
City of Miami Contract Change Order
Project Name: NW 18th Place Road Improvements
Project No.: 8-40314
Contractor: Maggolc Inc
11020 SW 55 ST
Miami, FL, 33165
Change Order No.: 1- Page 4/5
Contract Award Date: 01(2412014
Completion Date:
Revised Completion Date (prior to this change):
Extenslon(s) of Time Previously Approved:
days
Revised Completion Date (including this change):
Thermo avmark w solid 12" 11
The Contractor and the City hereby agree to modify the Contract as follows: (Attach additional pages as necessary)
Item No.
Description of Change
Uontract °: mice
Decrease
1..V11UaQL 11116
Increase Decrease
7063
Retro -Reflective Pav, Marker 40PEAx$3)
!1M
Design Drror
0.25
7111113
Thermo avmark w solid 12" 11
0.1571111125
Thermo avmarkwsolid:24"(10
Percentage Increase this Change Order %
0.15
71111211
71111121
71111124
Thermo pav mark ` solid 6" 0.17x$4000
Thermo pav mark w solid 6" (0.11 x$4000)
Thermo pav mark w solid.l8" 214'x$3)
.
440.00
642.00
0.25
0.15
0;25
711111,60
Thermo w messae 2 Eax$110
220.00
0.25
71111141
Thermo pav mark w skip`6" 10x30) 170'x$1
170.00:
0.15
Difference (Net)
See Next
I Page).
SUMMARY OF CONTRACT AMOUNT
Reason for Change
Regulatory Change
Original Contract Amorcnt -
City Requested x
Cost of Constraction Changes Pievious!y Ordered -
Design Drror
Adjusted Contract Amount Prior to this Change Order-
Unforeseen/Unforeseeable
Cost of Consttuction Changes in this Chane Order
Ad'usterr Cetti et Af 0unt Jnclu4q thds Change -
Percentage Increase this Change Order %
Total Percent Increase to Date %
Contingency Funds Used NoVCanfipency;
Contingency Balance
This chatLge order is hereby
into
on o£Time Allowed b this Change - - da s
and becomes a part of the Contract Documents.
AccepLea ny �—UisLIUULUI. — —
Accepted By CII' Director Date:
Distribution: Contractor A/E Finance Ll project File
Capital Improvements Program 4
CIP Form CO 444 SW 2' Ave, e Floor
Miami, Florida 33130
y`Sf (1F lF is
�$ City of Miami
h
RECL W:I:)
Ilk 4 E of
Contract Change. Order
Project Name: NW 18th Place Road Improvements
4 R
Project No.: B-40314
Contractor: Maggolc Inc
11020 SW 55 ST
Miami, FL 33165
Change Order No,: 1- Page 5/5
Contract Award Date: 01/24/2014
Completion Date:
Revised Completion Date (prior to this change):
Extension(s) of Time previously Approved;
days
Revised Completion Date (including this change):
Design Error
Tt,A (7nntrantnr nr8 the Citv hereby aLYree to modify the Contract as follows: (Attach additional pages as necessary)
Item No, Descri tion of Chane Contract Price
Increase Decrease
Contract Tme
Increase Decrease
Per -All Permit Allowance 1,432.75
CPR #1 106,502,21
28
original Contract Amount_ �
$352,348.79
City Rquested x
Cost of Construction Changes Previously Ordered
$0.00
Design Error
Adjusted Contract Amount Prior to this Change Order
$352,348.79
UrrForeseen/Unfaraseeable
Cost of Construction Changes in this Change Order
$129,124,96
Difference (Net) 226,4$4.96 1. 97,356.00
176 23
gTTMMARY OF CONTRACT AMOUNT
-Reason for Change
—
Regulatory Change
original Contract Amount_ �
$352,348.79
City Rquested x
Cost of Construction Changes Previously Ordered
$0.00
Design Error
Adjusted Contract Amount Prior to this Change Order
$352,348.79
UrrForeseen/Unfaraseeable
Cost of Construction Changes in this Change Order
$129,124,96
Act°usterd Contract Anto unt Including thas Chcirt a
$481,477.75
Percentage Increase this Change Order
36.67%
. Total Percent Increase to Date
1 36.67%
Contingency Funds Used No
I Continhilcy Contingency Balance
/E�ten&j of Time Allowed by this Change - 47 days
This change order is hereby incor or ted ntfi and becomes a part of the t,omracr voouinauns.
Accepted By Contractor: Date: r
Accepted By CIP Director f Date:
Distribution, Contractor AIE Finance Project File LJ
Capital improvements Program 5
CIP Form CO 444 SW 2"d Ave, 8" Floor
Miami, Florida 33130
vbi
°City of Miami„w Capital Improvements Program
Bangs Proposal Request
.� Part A
'age 1 of 2'
CONTRACTOR. Maggolc Inc.
CPR NhIIVtEER,:�
ADDRESS: 11020 SW 55 Street PROJECT NO.: B40314
Mtami, FL 33165 PROJECT TITLE: NW 18 PL drainage Improvements
Project Manager: Mario Gonzalez Phone: 786-291-2949
Fax No: Z86-472-8831 E-mail; maggolc@yahoo.com
This Change Proposal Request (CPR) is_ submitted requesting a Change Order to'the Contraet to
increase/decrease the time for performance or the value of the Contract
DETAILED BASISISCOPE FOR CPR Please add a detailed description of proposed changes, including
background, justification and exact location of installation. Failure to submit'sufrtolent detail may result in the rejection of or
delay in review of the CPR.
Due to cklanges of the structures; SA 8_2 S-3, S-4,'5-12, S-13, S-8, and S-9,, in addition of two new
structures S, 6A and S -9A. The prlces were increased in proportion with the new size and price of each
structure prooQsed in the revised plans. Credit for the original bid price for each structure deleted apply.: _
1 -New price proposed structure S�1 = ; $ 20,76.63 ”
2 -New price proposed structure S-2,3,4,12,13 $ 37,099,7a
3 -New price proposed structure S-8 - $ 7,994.44
4 -New price proposed structure 5-9, S -9A - $ 18,235.61
5 -Plugs hole_ s w/ Bricks and Core Drill new holes $ 6,617,60
6 -Supply & Install DIP-20`FT/ 2Q"- Ex. MN to 5-68 $ 3,865.77
7 -Pipes delivery & Restock Fee 'by US Const. Supply $ 2,665,56
8-Dellvery to the City Project remain ST S-5, S-6 & S -6A $ 6,063.06
5 -Clean & desilt exist, structures ,& pipes NW 9 ST/ NVQ/ 18 Ave $ 4,196.80
Total Add: $106,502.21
FINANCIAL DATA
Original Contract Value: $302,348.79 CPR Value: $ 106,50221
Value of.Previous Change Orders N/A Proposed. Revised Contract Value "
Increase/Decrease in time for Completion: 2$ days (calendar days)
Current Completion Date, Proposed Completion Date.
By signing and subrnitting this CPR the .Contractor certifies that the supportin oos
undersigned, the stated prices and/or time request are both fair and reasona e.. 1
by the Contraotpr to execute this CPR.
Name: Mario Gonzalez Signature:
Title:= -:president - pate of Submittal:•
GIP Form CPR -A
/15
,urate and, In the opinion of the
y certifies that they are authorized
Revised 16/19112
6
Change Proposal Request
Part A
Page 2 of 2
CONTRACTOR: Maggoic Inc,
CPR NUMBER.: I
PROJECT NO.: B-40314
PROJECT TITLE: NW 16 PL Drainage Improvements
CPR VALUE: $ 106,502,21
City of Miami Review (CONTRACTOR DO NOT COMPLETE)
Reason for Change: Regulatory [] city 19 E/O [] Unforeseen F-1
By signing below the signatory .has either concurred with or rejected the proposed CPR as submitted:
ARCH ITECT/EN G I NEE= -
. 4�- 0 Concur 0 Rejected
Name of Firm: —SWRr
lip
Name I h/S! M1
to
CITY OF MIAMI
Project Manager:
El Concur E] Rejected
Name Signature
Construction M/ConWr ❑ Rejected
Name Signature
Team Leader.,
Name
Assistant Director:
Jeoyanny,Rodr1g2y2ez PJE,
Rodriquez,
Name
CIP Director:
..Mark Spanioli, P.E.
Name
CIP Form CPR -A
0 Conc'ur El Rejected
Signature
El Concur El Rejected
Signature
❑ Concur El Rejected
Signature
Date
�1
Date
Date
Date
Dat6 ---
Revised 1o/1o192
7
INVITATION TO BID ("ITB") NO.: 12-13-064
-•, •11 ri
CIP ''• NO.: B-40314
Bids Due Date: Wednesday, September 13, 2013
Bids Due Time: 2:00 P.M.
Mayor Tomas P. Regalado
Commissioner Wifredo `Willy" Gort, District 1
Commissioner Marc Sarnoff, District 2
Commissioner Frank Carollo, District,3
Commissioner Francis Suarez, District 4
Commissioner Keon Hardemon, District 5 -
City Manager, Johnny Martinez, P.E.
Issued By:
City of Miami
Capital Improvements Program
444 SW 2nd Avenue, 8th Floor
Miami, FL. 33130
TABLE OF CONTENTS
NoticeTo Contractors .... ..... ........ ................ .......... ......... .............................. .....W ...................... 6
Section 1 Instructions for Submission ..... .......... ........................ ...................... 7
1. Intention of City............................................,....,................................................... 7
2. Scope of Work : ........................ .................................,................................. 7
3. Location of Proiect(s)................... .......................................................... 7
4. Performance of the Work ....:.......:............ ,................-...................................... 7
5. Examination of Contract Documents and Site .......... ".................. `......................... 7
6. Addendum..................................................................................................... 8
7. Bid Submission ................ .............................................................................................. 8
8. -Bid Guaranty........................................................................................................ 8
9. Preparation of Bid.................................................................................................. 8
10. Pre -Bid Conference ........................................................................................... 9
11. Postponement of Bid Opening Date....................................................................... 9
12. Acceptance or Reiection of Bids. ....................................................... 9
13. Environmental Regulations`...................................................... 9
14. Bid Award ................
........... ........ ........... ............................................ ...........................10
15. Bid Protest...................................................10
16. Community Small Business.
("CSBE") ..... .... ..................................11
17. Local Workforce Participation. ............................... .................12
18. Intentionally Omitted .....................................................12
19. Cone of Silence....................................................................................................12
20. Public Entitv Crime ......................................
.. ........................... ` ........................................................12
21. Fraud and Misrepresentation ..,....c ...........................................................................12
22. Collusion.......................................................12
23. Contractor ineArrears.
of Default............................................12
24. Cancellation of Solicitation..................I.................................... ........... .........................13
Section 2 General Terms and Conditions'. ............................... 14
1. Definitions,......`.....................,.............I.................r...,..........................................14
2. Time is of the 'Essence ................:........:..........................:...................................16
3. Contract Term.,.... ........
erm...........:............. .................. ...................................................................17
4. Notices :: ...................................................................,.......................................17
5. Priority of Provisions.....................................................:........... .......................18
6. Indemnification ........ ... ........ ...................................18
7. Insurance.........................................`..........`........:,...............,........................,..19
8. Performance and PaymentBond ................................................................................. 21
9. Qualification of Surety. ..............................................................................22
10. General Requirements,........................,.....................................................22
11. Method of Performing the Work. ...................................................... .................23
12. Work Staging and Phasing....................................................................24
13. Site Investigation and Representation.................................................24
14. Contractor to Check Plans, Specifications and Data...............................................24
15. Contractor's Responsibility for Damages and Accidents..........................................25
16. Accidents. ...................... .......... ...........................................25
17. Safety Precautions. ...,.. .............................................................................25
18. Occupational Health and Safety................................................................................26
19. Labor and Materials...........................................................................................27
......
20. Rules, Regulations, and Licenses..............................................................................27
21. Consultant Services..................................................................................................27
22. Project Management.....................................................................................................27
2
NW 18th Place Road Improvements -= D3 ITB No.: 12-13-064
23. Superintendence and Supervision...............................................................................28
24. Authority of the Proiect Manager.................................................................................28
25. Inspection of Work. ...................................... ................................................................ 29
26. Taxes.............................................................................................. .....30
27. Separate Contracts.......................................................................................................30
28. Lands of Work...........................................................................................................30
29. Coordination of Work...................................................................................................31
30. Differing Site Conditions ............................................................................................31
31. Existing Utilities..........................................................................................................31
32. Contractor's Responsibility for Utility Properties and Service . ........ .....................32
33. interfering Structures................................................................................................32
34. Field Relocation........................................................................................ ..., .........33
35. Contractor's Use of Project Sites) ... ...... ........ .... ................., ......... ..........33
36 Warranty of Materials and Equipment ........ ........ ....... .................. ....................33
37.. Material and Equipment Shipment, Handling, Storage and Protection .....................34
38. Manufacturer's Instructions .............................................................. ....................35
39. Manufacturer's Warranty .................................................................... .....................36
40. Reference Standards...................................................................................... ..........36
41. Submittals...................:........................................................................................,..........36
42. Shop Drawings..............................................................................................................38
43. Product Data.............................................................................. ............................38
44. Samples.............................................................................................. .................39
45. Record Set ........................................................................................ .....................39
46. Supplemental Drawings and Instructions........................................... ,.,........,.........39
47. Contractor Furnished Drawings..............................................................................39
48. Substitutions.................................. -............................................................................ 40
49. City Furnished Drawings............................................................... ............................41
50. Interpretation of Drawings and Documents..............................................................41
51. -Product and Material Testing ....................... ..................... ................... ..........41
52. Field Directives..............................................................................................................41
53. Changes in the Work or Contract Documents.........................................................42
54. Continuing the Work.................................................................................... ...........42
55. Change Orders ....................... ..............................................................................42
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, & Final Completion .......................................49
64. Acceptance and Final Payment..............................................................................50
65. NDPES Requirements ........................ .........................................,,....................50
66. Force Maleure................................................................................................................51
67. Extension of Time.....................................................................................................51
68. Notification of Claim..............................................................................................52
69. Extension of Time not Cumulative............. ..........,...52
. ..... ................... .............
70, No Damages for Delay.................................,.........................................................52
71. Excusable Delay, Non-Comaensable........... ................................................... ..................53
72. Lines and Grades ..............................a...........................................................................53
73. Defective Work...........................................................................................................53
74. Acceptance of Defective or Non-Conforming Work................................................53
NW 18th Place Road Improvements D3 ITB No.: 12-13-064
75.
76.
77.
78.
79.
80.
81.
82.
83.
84:
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95
96.
97.
98.
99.
100.
101.
102.
103.
104.
105:
Uncovering Finished Work...................:..........,........................:..........,..........54
and the State of Florida...:....................:...........:.............,.:......... I .....::....:...,...:65
Correction of Work....:........ ,..,............................... , ......:........: .................,....54
Royalties and Patents... ....... ..... 66
Maintenance of Traffic and Public Streets .......................... ` ......................, .......54
Continuation of the Work.............: ........:.................: ................ <........ ..............66
Location and Damage to Existing Facilities, Equipment or Utilities ......... ............56
Review of Records ..:. ...::.:........:.. ....::.......:....,..............:.................................66
Stop Work Order........................:,.................:.........:..............:.......................56
No Interest .............. ...................................................................................... :..............66
Hurricane Preparedness .................................. ................. .............................57
Payments Related to Guaranteed Obligations . .... ..........67
Use of Completed Portions.: ............... „ ..........................:...............:...............57
Consent of City Required for Subletting or Assignment.-.,.... .... ...... * .................... 67
Cleaning UP; City's Right to Clean Up .............. .......................... ...,................58
Agreement Limiting Time in Which to Bring Action. Against the Ciy.......: ..............67
Removal'of Equipment......... .,...58
Defense of Claims. ........67
Set -offs, -Withholdings; and Deductions....................,........,..............................58
Contingency Clause. .. ...... ........ ...........67
Eventof Default......... ....:..............................................................................................58
Notice of Default -Opportunity to Cure...: ... ......59
116.
Termination for Default......:......:...................:............r....:................................59
Remedies in the Event of Termination for Default,...:............................:..............60
Non -Exclusivity . ..... ................... ....... ...... ........68
Termination for Convenience...:...........::................::...,......................:..,..:........60
Resolution of_Disputes .............................................
Mediation -Waiver of Jury Trial...::.....................................................................62
City May'Avail Itself of All Remedies .................... .......62
Permits, Licenses and Impact Fees ......................,..................:......................63
Compliance with Applicable Laws ....................................................................63
Independent Contractor ............... ................... ................... .............................:63
Third Party Beneficiaries .............. ..........................................:..........................64
Successors and Assigns..................................................................... .............64
Materiality and Waiver of. Breach .: .......... .......:.................................... ............°.64
1.
Severability..............:.............................................. ...................... :..........................
64
Applicable Law and Venue of Litigation ....................... ............................. ........ ...........
66
Amendments. ........... .................. .................. .................. ........:......... .............65
Entire`Agreement ...... ..............................,..:.............,.....................................65
65
Evaluation . .65
4
NW 18th Place Road Improvements - D3 ITB No:: 12-13-064
and the State of Florida...:....................:...........:.............,.:......... I .....::....:...,...:65
106.
Royalties and Patents... ....... ..... 66
107.
Continuation of the Work.............: ........:.................: ................ <........ ..............66
108.
Review of Records ..:. ...::.:........:.. ....::.......:....,..............:.................................66
109.
No Interest .............. ...................................................................................... :..............66
110.
Payments Related to Guaranteed Obligations . .... ..........67
111.
Consent of City Required for Subletting or Assignment.-.,.... .... ...... * .................... 67
112.
Agreement Limiting Time in Which to Bring Action. Against the Ciy.......: ..............67
113.
Defense of Claims. ........67
114.
Contingency Clause. .. ...... ........ ...........67
115.
Mutual Obligations. ...... ..........................
.. ... ....... ........... ........67
116.
Contract Extension ...................... .......................... ........ .................. ..............68
117.
Non -Exclusivity . ..... ................... ....... ...... ........68
118.
Nature of the Agreement. ... ........68
119.
Contract Documents Contains all Terms. ..........68
120.
Survival. ........ ........................... .........69
121.
Disclosure of State Funding ... .. . .........69
Section 3 - Supplemental Terms and Conditions ................................ ...............................
70
1.
Contract Time & Hours ....... ..... ...... .. .. ............
70
4
NW 18th Place Road Improvements - D3 ITB No:: 12-13-064
2. Progress Payments............................. ............................... ................... ..................... 71
3. Liguidated'Damages ................ ......... ...................................................................72
4. Schedule of Values ................................................................. ......... ......... 72
5. Project Schedules ............. ............................. 73
..........
6. Release of Liens/Subcontractor's Statement of Satisfaction............ ....... .. 72
7• Progress Meetings . 74
.....:.
8. Request for -Information ........................................... `.......•. ........°....................74
9. Proiect Site Facilities ............ ..... :................... ................................. 74
10. Ins► ection of Work ....................... ........................... ......... ............................... 75
`........:........................................,.....75
11.Securit .. .........................
12. Construction Signage.. ...... ............ `................... ....................,. 75
.....
13. Construction Photographs ................................:............I .... .......... 75
14. City Furnished Property . 76
15. Geotechnical Testing ='Intentionally Omitted ...:.........:....... ....... ., . 76
16. Field Layout of the Work and Record Drawings for Drainage Projects . 76
17. Survey Work for Drainage Projects.................. ......... ........................................... 77
Section 4- Bid Form .......... ............................................'' ........ 79
Section 5 - Attachments............................ .......:.......:.......:......;......................,......90
BidBond Forms....... ..................................................................
Questionnaire ...............................................................
CustomerReference Listing...........................................................................
ReferenceLetter .............. .................... .........:...................................................
OFFICE LOCATION AFFIDAVIT ......... ....... '...........................
Certificate of Compliance..... ......... ............... ..........................
Schedule of Intent Affidavit............ ... :......:..........................:........:.........:.104
Section 6 - Contract ExecutionForms ................. .........:....
CORPORATE RESOLUTION..::.......'........:.... .......................:..................:.:...........106
FORM OF PERFORMANCE BOND .................................................. ............................,
FORM OF PAYMENT BOND ............................................109
CERTIFICATE AS TO CORPORATE PRINCIPAL..............................................................111
PERFORMANCE AND PAYMENT GUARANTY FORM .....................................................
UNCONDITIONAUIRREVOCABLE LETTER`OF CREDIT.................................................
JOINT VENTURE FORM. ...............................................................
...•.................. 90
. .... 93
98
99
..................... 100
..... .........103
•••• ••..... ••. 105
.107
. 112'
113
.........114'
5
NW 18th Place Road improvements ® D3 ITB No.: 12-13-064
INVITATION TO BID NO.: 12-13-064
i01" NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami, Office of the City Clerk, City Hall, 1St Floor, 3500
Pan American Drive, Miami, Florida 33133.5504 for:
NW 18TH PLACE!, ROAD IMPROVEMENTS
Bids Due: Wednesday, September 18, 2013 @ 2:00 P.M.
Scope of Work: The Work consists of furnishing all materials, labor, and equipment necessary for
milling and resurfacing the roadway pavement and restoration of pavement markings within the project
area, along with local area drainage improvements consisting of pipes and inlets.
CIP has scheduled a NON -MANDATORY PRE-BID CONFERENCE to be held on the
following date, time and location:
Miami Riverside Center
444 SW 2nd Avenue, 10th Floor — Main Conference Room
Miami, Florida 33130
Date/Time: Wednesday, August 28, 2013 a@ 10:00 AM
Minimum Requirements: Prospective Bidders must have i) a current certified General Contractor
license issued by the State of Florida or a Miami -Dade County Certificate of Competency as a General
Engineering Contractor; and., in addition, must have a minimum of five (5) years experience under its
current business name in the construction of roadway/horizontal projects involving public right-of-way,
construction/installation/repair/replacement of drainage system pipes and maintenance of vehicular
traffic, supported by references for five (5) projects completed within the past five (5) years. Submitted
reference projects must demonstrate that the Bidder: 1) was the Prime Contractor for the reference
project; an ii) self -performed at least thirty percent (30%) of the physical construction work for the
reference project. Contractor must self -perform at least thirty percent (30%) of the physical construction
work for the Project.
The Bid documents including plans can only be obtained by visiting the Department of Capital
Improvements Program's website:
httr)://www.miamigov.com/Car)itallmr)rovements Ipages/ProcurementOpoortunities/Default.asp.
It is the sole responsibility of all firms to ensure their receipt of any addendum and it is
recommended that firms periodically check the CIP webpage for updates and the issuance of
addenda.
All bids shall be submitted in accordance with the Instructions to Bidders. Bids must be submitted in
duplicate originals and on CD in PDF format at the time, date and place above, where bids will be
publicly opened. Any bids received after the time and date specified will not be considered. The
responsibility for submitting a bid before the stated time and date is solely and strictly the responsibility
of the Bidder. The City is not responsible for any delay no matter what the cause. You assume any risk
of any delay or mistake.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF
SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271 Section 18-74, CITY OF MIAMI CITY
CODE, as amended.
6
NW 18th Place Road Improvements — D3 ITB No.: 12-13-064
Section 1 - Instructions for Submission
1. Intention of City
It is the intention of City to describe in this Invitation to Bid the Project(s) to be completed in
accordance with all codes and regulations governing all the Work to be performed under this
Project(s). Any work, materials or equipment that may reasonably be inferred from the Contract
as being required to produce the intended result shall be supplied by Contractor whether or not
specifically called for. Where words have a well-known technical or trade meanings are used to
describe work, materials or equipment, such words shall be interpreted in accordance with that
meaning. Reference to standard specifications, manuals, or codes of any technical society,
organization or association, or to the laws or regulations of any governmental authority, whether
such reference be specific or by implication, shall mean the latest standard specification,
manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall
comply therewith. City shall have no duties other than those duties and obligations expressly
set forth within the Contract Documents.
2. Scope of Work
The Work consists of furnishing all materials, labor, and equipment necessary for milling and
resurfacing the roadway pavement and restoration of pavement markings within the project
area, along with local area drainage improvements consisting of pipes and inlets.
3. Location of the Project
The project area includes NW 18 Place and NW 18 Court, from NW 7 Street to NW 9
Street, and NW 7 Street from NW 18 Court to NW 18 Avenue.
4. Performance of the Work
Bidder must be capable of self -performing at least thirty percent (30%) of the physical
construction Work. By submitting a Bid the Bidder certifies that it will utilize its own employees to
meet this requirement. As part of the Bid the Bidder must include the form entitled
"Questionnaire". Failure to complete and submit this form or to meet this requirement shall result
in the Bid being deemed non-responsive. Where the City determines that Contractor is deemed
as not meeting this requirement during the performance of the Work, then the Contractor shall
be in default of the Contract.
5. Examination of Contract Documents and Site
It is the responsibility of each Bidder before submitting a response to this Invitation to Bid (ITB)
to;
• Carefully review the ITB, including any Addendum(s) and notify the City of all conflicts,
errors or discrepancies.
• Visit the site(s) or structure(s) to become familiar with conditions that may affect costs,
progress, performance or furnishing of the Work.
• Take into account federal, state and local (City and Miami -Dade County including,
without limitation the City Purchasing Ordinance and Florida Building Code) laws,
regulations, ordinances that may affect a Bidder's ability to perform the Work.
• Study and carefully correlate Contractor's observations with the requirements of the ITB.
• Sign and return all required ITB forms and/or Addendum(s), as applicable.
NW 18th Place Road Improvements— D3 ITB No.; 12-13-064
6.
The submission of a Bid in response to this solicitation shall constitute an incontrovertible
representation by Bidder that it will comply with the requirements of the Contract Documents
and that without exception, the response is premised upon performing and furnishing Work
required under the Contract Documents and that the Contract Documents are sufficient in detail
to indicate and convey understanding of all terms and conditions for performance and furnishing
of the Work.
Addendum
Only questions answered by written Addendum will be binding. Oral and other interpretations or
clarifications will be without legal binding effect and should not be relied upon in preparations of
a Bid response. All questions about the meaning or intent of the Contract Documents are to`be
directed to the City's Department of Capital .Improvements Program (CIP) in, writing, to the
attention of Anthony Rolle at aroile(a�miami ov.com. Interpretations or clarifications considered
necessary by CIP in response to such questions will be issued by City by means of Addendum.
AlI Addenda will be `posted on the CIP webpage. Written questions must be received no less
than ' ten (10) calendar days prior to the date Bids are due. There shall be no response to
questions'received less than ten (10) calendar days prior to bid opening.
7. Bid Submission
All Bids must be received by the City of Miami, City Clerk's office located at City Hall; First Floor,
3500 Pan American Drive, Miami, FL. 33133, before the time and date specified for bid opening,
enclosed in a sealed envelope, legibly marked on the outside:
BID NO.: 12-13-064
PROJECT NAME: NW 18TH PLACE ROAD IMPROVEMENTS —:D3
Bidders must submit two original Bid Packages and`one Bid Package on a CD in PDF format.
Failure to submit two originals may result in the rejection of the Bid as non-responsive,,
8. Bid Guaranty
All Bids shall be accompanied by either an original Bid bond executed by a Surety meeting the
requirements of the City, or by cash, moneyorder, certified check, 'cashier's check,
Unconditional/Irrevocable Letter of Credit, Bid Bond Voucher (for projects less than $200,000)
issued to City of Miami by certified check, treasurer's check or bank draft of any national or state
bank (United States), in the amount of 5% of the total Bid amount, payable to, City, Florida, and
conditioned upon the successful Bidder executing the Contract and providing the required
Performance Bond and Payment Bond and evidence of .required insurance ;within fifteen (15)
calendar days after notification of award of the Contract. The time for execution of the Contract
and provision of the Performance Bond,. Payment Bond and Certificate(s) of Insurance may be
extended by the City's Capital Improvements and Transportation Department at its sole
discretion. Bid Securities of the unsuccessful Bidders will be returned after award of Contract.
A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A
VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City as
liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail
to execute the Contract, and provide the required Performance
g. Preparation of Bid
All I Bids must be made upon the blank City forms provided herein and herewith. The Bid must
be signed' and acknowledged by the Bidder in accordance with the directions on the ITB.
Failure to utilize the city's forms, or fully complete said forms will result in a determination that
the response is non-responsive
NW 18th Place Road Improvements - D3
y ITD No.: 12-13-064
The Bidder will be considered non-responsive if Bid is conditioned on modifications, changes, or
revisions to the terms and conditions of the ITB.
The Bid is to include the furnishing of all labor, materials, overhead expense and profit,
equipment including, but not limited to, tools, services, permit fees, applicable taxes, overhead
and profit for the completion of the Work except as may be otherwise expressly provided in the
Contract Documents.
Joint venture firms must complete and submit with their Bid the form titled "Information for
Determining Joint Venture Eligibility", (Form A) and submit a copy of the formal agreement
between all joint -venture parties. This joint venture agreement must indicate their respective
roles, responsibilities and levels of participation for the Project. Failure to submit Form A, along
with an attached written copy of the joint venture agreement. may result in disqualification of the
Bid. All joint venture firms must meet the requirements stipulated in the Florida Statutes.
10. Non -Mandatory Pre -Bid Conference
A non -mandatory pre-bid conference will be held on Wednesday, August 28, 2013, MRC
Building, 10th Floor Main Conference Room, 444 SW 2"a Avenue, Miami, Fl. 33130 at 10;00
a.m., to discuss this Solicitation. Since space is limited, it is recommendedthat one
representative of each firm attend in order to become familiar with the Solicitation and
conditions of usage. Attendees ` are requested to bring this Solicitation Package to the
conference.
11. Postponement of Bid Opening Date
The City reserves the right to postpone the date for receipt and opening of submissions and will
make a reasonable effort to give at least five (5) calendar days notice of any such
postponement to prospective Bidders.
The City shall make reasonable efforts to issue addenda within five (5) calendar days prior to
the due date.
12. Acceptance or Rejection of Bids
The City reserves the right to reject any or all Bids prior to award, to re -advertise for Bids, and to
not award any Contract in the reasonable discretion of the City.
The City reserves the right to waive any minor technicality, informality, variance, deviation,
omission or the like up to or prior to award -of the bid.
Reasonable efforts will be made to either award the Contract or reject all Bids within ninety (90)
calendar days after Bid opening date. A Bidder may not withdraw its Bid unilaterally nor change
the Contract Price before the expiration of one hundred twenty (120) calendar days from the
date of bid opening`. A Bidder may withdraw its Bid after the expiration of one hundred twenty
(120) calendar' days from the date_ of Bid opening by delivering written notice of withdrawal to
the Department of Capital Improvements and Transportation prior to award of the Contract by
the City Commission.
13. Environmental Regulations
The City reserves the right to consider a bidder's history of citations and/or violations of
environmental regulations in investigating a Bidder's responsibility, and further reserves the right
to declare a Bidder not responsible if the history of violations warrant such determination in the
opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or
violations, notices and dispositions thereof. The non -submission of any such documentation
shall be deemed to be an affirmation by°'the Bidder that there are no citations or violations.
Bidders shall notify the City immediately of notice of any citation or violation which Bidder may
NW 18th Place Road Improvements — D3 ITB No 12-13-064
receive after the Submittal opening date and during performance of the "Work under this
Contract.
14. Bid Award
The City will issue the award of the
'.Contract to the lowest responsive and responsible Bidder.
The City may `require demonstration of competency and at its sole discretion conduct site visits,
require the Bidder to furnish documentation and/or require the contractor to attend a meeting to
determine the Bidder's qualifications and ability to meet the terms and conditions of this
Contract. The`'City shall consider, but not be limited to, such factors as financial capability, labor
force, equipment, experience, knowledge of the trade work to be performed, the quantity of
Work being performed, and past performance on City projects by the"Contractor.
The Bidder must be able to demonstrate .agood record of performance and have sufficient
financial resources to ensure that it can satisfactorily provide the goods and/or services required
herein.
The City, at its sole discretion may.determine a Bidder to be non -responsible where the Bidder
has failed to perform in accordance with other contracts with the City.
Any Bidder who, at the time of submission, is involved in an ongoing bankruptcy as a debtor, or
in a reorganization, liquidation, or dissolution proceeding, or if a trustee or, receiver has been
appointed over all or a substantial portion of the property of he Bidder under federal bankruptcy
law or any state insolvency, may be declared non-responsive.
Any Bidder who may have filed a lawsuit against the City or where the City has filed a lawsuit or
won a court judgment against the Bidder may be declared non-responsive.
15. ` Bid Protest
Any actual or prospective contractual party who feels aggrieved in connection with this
solicitation or "any responsive and responsible bidder, whose bid is _lower than that of the
recommended bidder, may protest the issuance of the ITB or an award of a contract. Eligible
protests must be submitted in writing to the Director of Purchasing/Chief Procurement Officer
who shall have the authority, subject to the approval of the City Manager and the City Attorney,
to settle and 'resolve a protest with final approval by'the City Commission Bidders are alerted to
Section 18-104 of the City's Code describing the protest procedures. Protests- failing to meet the
requirements for filing shall NOT be,accepted. Failure of a party to timely file shall constitute a
forfeiture of such party's right to file a protest. NO EXCEPTIONS.
16. Community Small Business Enterprise' ("CSBE") Participation
The Contractor must comply with the ;followrng "CSBE participation r. All
instructions, required forms and other information necessary for complying with the
CSBE participation requirements are available on the. CIP webpage.
a) The Contractor must assign a minimum of fifteen percent (15%) of the Contract value
to a respondent or to a construction related enterprise currently certified by Miami -
Dade County as a Community Small Business Enterprise ,(CSBE) as set forth in Sec.
10-33.01 and Sec. 10-3.3.02 of the Miami -Dade County Code;"
b) Five percent (5%) of the bid amount shall be retained by the City for the CSBE
requirements until said requirements are fulfilled ;and verified within six (6)
months of Contract completion pursuant to Section 18-89 of the City. Code. Failure
to comply with the CSBE requirements within six (6) 'months of Contract' completion
shall result in the forfeiture of the retained amount to the City. This five percent (5%)
10
NW 18th Place Road Improvements - D3 ITB No.: 12-13-064
retainage is included within the ten percent (10%) retainage normally withheld by the
City;
c) The Contractor shall retain the services of an independent third party to verify and
certify compliance with these requirements on a quarterly basis in accordance with
Section 18-89 of the City Code. Said third party shall be unaffiliated with the
respondent and be properly licensed under the provisions of Section 454, 471, 473,
or 481 of the Florida Statutes. The person performing the verification shall have a
minimum of two (2) years of prior professional experience in contracts compliance,
auditing, personnel administration, or field experience in payroll, enforcement, or
investigative environment. The cost for this verification shall be included in the related
contract costs.
The following link is to the Miami -Dade County website where Bidders can view the
current listing of certified CSBB contractors by trade.
http://www miamidade qov/business/reports-certification-lists.asp
17. Local Workforce Participation
Unless disallowed by Florida Statutes, the Contractor must comply with the following Local
Workforce Participation requirements. All instructions, required forms another information
d
necessary for complying with the Local Workforce Participation requirements are available on
the CIP webpage.
a) The Contractor must employ a minimum of fifteen percent (15%) of on-site labor from
persons residing within the municipal boundaries (e.g. city limits of the City of Miami)
of the City. The City residency of the onsite labor component will be subject to
verification by the issuing department; =
b) Five percent (5%) of the bid amount shall be retained by the City as security for the
verification of compliance with such requirements until said requirements are fulfilled and
verified within six (6) months of Contract completion pursuant to Section 18-89 of the
City Code. Failure to comply with the Local Workforce Participation requirements within
six (6) months of Contract completion shall result in the forfeiture of the retained amount
to the City;
C) The Contractor will be required to hold one (1) job fair within the local community for
projects with a bid amount between $1,0D0,000 and $2,000,000;
d) The Contractor will be required to hold two (2) job fairs within the local community
for projects with a bid amount greater than $2,000,000;
e) The Contractor shall coordinate job fairs and hiring initiatives with South Florida
Workforce;
f) The Contractor shall retain the services of an independent third party to verify and
certify compliance with these requirements on a quarterly basis in accordance with
City Code Section 18-89. Said third party shall be unaffiliated with the Respondent
and be properly licensed under the provisions of Section 454, 471, 473, or 481 of
the Florida Statutes. The person performing the verification shall have a minimum of
two (2) years of prior professional experience in contracts compliance, auditing,
personnel administration, or field experience in payroll, enforcement, or investigative
environment. The cost for this verification shall be included in the related Contract
costs.
�.1
NW 18th Place Road Improvements ® D3 ITB No.- 12-13-064
18. intentionally Omitted
19.
Cone of Silence
Pursuant to Section 18-74 of the City Code, a codification of Miami Ordinance No. 12271, a
"Cone of Silence" is imposed upon this ITS after advertisement and terminates at the time the
City Manager issues a written recommendation to the Miami City Commission, The Cone of
Silence prohibits any verbal communications regarding this ITB.
Any communication concerning this ITB must submit in.writing to CIP and Bidders must file a
copy of such written communications with the Office of the City Clerk. Written' communications
may be in the ` form of e-mail, with a copy to the Office of the City Clerk at
marcla6a miamigov com.
This language is only an overview of the requirements of the Cone of Silence. Please review
Section 18-74 of the City Code for a complete and thorough description of the Cone of Silence.
You may also contact the City Clerk of (305)-250-5360, to obtain a copy.
20. Public Entity Crime
A person or affiliate who has been placed on the convicted Bidder list following a conviction for
a public entity crime may not submit a proposal on.a contract to provide any goods or services
to a publicentity, may not submit ,a Response on, a contract with a public entity for the
construction or repair of a public building or public works project, may not submit a response on
a lease of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or Consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017 of Florida Statutes for Category Two for a period of 36 months from the date of being
placed on the convicted Bidder/Bidder list.
21. Fraud and Misrepresentation
Any individual, corporation or other entity that attempts to meet its contractual obligations with
the City through fraud, misrepresentation or material misstatement, or omission of any material
fact, may be debarred for up to five (5) years in accordance with the applicable provisions of the
City Code. The City as a further sanction may terminate or cancel any other contracts with such
individual, corporation or entity. rSuch individual or entity shall be responsible for all direct or
indirect costs associated with termination or cancellation.
22. COliusion
Where two (2) or more 'related parties, as defined herein, each submit a response to an ITB
such submissions shall be presumed to be collusive. The foregoing presumption may be
rebutted by the presentation of evidence as to the extent of ownership,' control and management
of such related parties in preparation and submission under such ITB. Related parties shall
mean employees; officers or the principals thereof which have a direct or indirect ownership
interest in another firm or in which a parent company or the principals thereof of one Contractor
have a direct or indirect ownership interest in another Contractor for the same project(s). ITS
responses found to be collusive shall be rejected.
23. Contractor in Arrears or Default
The Contractor represents and warrants that the Contractor is not in arrears to the City and is
not 'a defaulter as a' surety ' or otherwise upon any "obligation to the City. In addition the
contractor warrants that the Contractor has not been declared "not responsible" or "disqualified"
by or debarred from doing business with any state or local government entity in the State of
Florida, the Federal Government or any other State/local governmental entity in the United
12
NW I 81 Place Road improvements— D3 ITB No.: -12-13-064
States of America, nor is there any proceeding pending pertaining to the Contractor's
responsibility or qualification to receive public agreements. The Contractor considers this
warrant as staffed in this Article to be a continual obligation and shall inform the City of any
change during the term of the Contract.
The City shall not consider and deem as non -responsible Bids submitted by Bidders where the
City has determined that the Bidder is in monetary arrears or otherwise in debt or in default to
the City at the time and date Bids are due.
24. Cancellation of Solicitation
The City reserves the right to cancel, in whole or in part, any solicitation when it is in the best
interest of the City. This determination will be at the discretion of the City and there will be no
recourse from such 'cancellation.
13
NW 18th Place Road Improvements — D3 ITI3 No.: 12-13-064
Section 2 - General Terms and Conditions
eiDefinitions
Basis of Design means a specific manufacturer's product that is named; including the make or
model number or other :designation, establishing the significant qualities related to type,
function, dimension, in-service performance, physical properties, appearance, and other
characteristics for purposes of evaluating comparable products of other manufacturers.
Bid means the response submitted by a bidder to; this solicitation, which includes the price,
authorized signature and all other information or documentation required at by the Contract
Documents at the time of submittal.
Bidder means any individual, firm, incorporated or unincorporated business entity, or
corporation tendering a Submittal, acting directly or through'a duly authorized representative.
Change Order means a written document ordering a change in the Contract Price or Contract
Time or a material change in the Work. A change order must comply with the Contract
Documents.
City means the City of Miami, Florida, a Florida municipal corporation. In all respects
hereunder, City's performance is pursuant to the City's capacity as Owner. In the event the City
exercises its regulatory authority as a governmental body, the exercise of such regulatory
authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be
deemed to have occurred pursuant to City's authority as a governmental body and shall not be
attributable in any manner to the City as a party'', to this Contract. For the purposes of this
Contract, "City" without modification shall mean the City Manager or Director, as applicable.
City Commission means the legislative body of the City of Miami.
City Manager means the duly appointed chief administrative officer of the City of Miami.
Community Small Business Enterprise ("CSBE") means a construction related enterprise,
including s design -build firm, and any firm providing trades and/or services for the completion of
a construction project, as defined in Section 10-33.02 of the Code of Miami -Dade County. CSBE
is additionally referenced in Section 18-89 of the City Code and in these Contract Documents.
Consultant means a firm that has entered into a separate agreement with the City for the
provision of design/engineering services for a Project; and if applicable, means the Architect or
Engineer of Record contracted by the City to prepare the plans and specifications for the
Projects. Consultant may also be referred to as Architect or Engineer of Record.
Contract means the Invitation to Bid (ITB) solicitation and the Bid documents that have been
executed by the Bidder and the City subsequent to approval of award by the City
Contractor means the person, firm, or corporation with whom the City has contracted and who
will be responsible for the acceptable performance of any Work and for the payment of all legal
debts pertaining to any Work issued under this contract through the award of an ITB.
Contract Documents means the Contractus may be amended from time to time, the plans and
drawing, all addendum, clarifications, directives, change orders, payments and other such
documents issued under or relating to the Project(s).
Construction Change Directive means a written directive to effect changes to the Work,
issued by the Consultant or the Director that may affect the ITB Contract price or time.
Construction Schedule means a critical path schedule or other construction schedule, as
defined and required by the Contract Documents.
14
NW 18t "Place Road Improvements- D3 ITB No.: 12-13-Q64
Consultant means the Architect or Engineer of Record contracted by the City to prepare the
plans and specifications for the Projects. Consultant may also be referred to as Architect or
Engineer of Record.
Cure means the action taken by the Contractor promptly after receipt of written notice from the
City of a breach of the Contract Documents which shall be performed at no cost to the City, to
repair, replace, correct, or remedy all material, equipment, or other elements of the Work or the
Contract Documents affected by such breach, or to otherwise make good and eliminate such
breach, including, without limitation, repairing, replacing or correcting any portion of the Work or
the Project(s) site(s) disturbed in performing such cure.
Cure Period means the period of time in which the Contractor is required to remedy
deficiencies in the Work or compliance with the Contract Documents after receipt of written
notice to Cure from the City identifying the deficiencies and the time to Cure.
Design Documents means the construction plans and specifications included as part of a
Bid/Proposal Solicitation prepared by the consultant for this Project(s) under a separate
Agreement with the City.
Director means the Director of the Department of Capital Improvements and Transportation or
designee, who has the authority and responsibility for managing the Project(s) under this
Agreement.
Drawings means 'the graphic and pictorial portions of the Work, which serve to show the
design, location and dimensions of the Work to be performed, including, without limitation, all
notes, schedules and legends on such Drawings.
Fiend 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 thedate of Substantial Completion at which
time the Construction Manager has completed all the Work in accordance with the Agreement
as certified by the architect or engineer of record or the City and submitted all documentation
required by the Contract Documents.
Guaranteed Maximum Cost means the sum established by these Contract Documents as the
maximum cost to the City of performing the specified Work on the basis of the cost of labor and
materials plus overhead expenses and profit.
Inspector means an authorized representative of the City assigned to make necessary
inspections of materials furnished by Contractor and of the Work performed by Contractor.
Local Workforce Participation Requirements shall mean the requirements set forth in § 18-
89 of the City Code that (unless determined inapplicable or exempted by the City Manager
pursuant to this Code Section) the Respondent Contractor will employ on-site labor from
persons who reside within the City of Miami municipal boundaries (e.g. city limits).
Materials mean goods or equipment incorporated in a Project(s), or used or consumed in the
performance of the Work,
Notice of Award means the written letter to the Contractor notifying the Contractor that they -
have been awarded the Contract.
Notice To Proceed means a written letter or directive issued by the Director or designee
acknowledging that all conditions precedent have been met and directing that the Contractor
may begin Work on the Project(s).
Plans and/or Drawings means the official graphic representations of a Project(s).
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NW 18th Place Road Improvements — D3 ITB No.: 1213-064
Project Or Work as used herein refers to all reasonably necessary and inferable construction
and servicesrequired by the Contract Documents whether completed or partially completed,
and includes all other labor, materials, equipment and services provided onto be provided by
the Contractor to fulfill the(its) obligations, including completion of the construction in
accordance with the Drawings and Specifications. The Work may constitute the whole or a part
of the Project(s).
Project Manager means the individual assigned by CIP to managethe Project(s).
Request For Information (RFI),means. a request from the Contractor seeking an interpretation
or clarification relative to the Contract Documents. The RFI, 'which shall be clearly marked RFI,
shall clearly and concisely set forth the issue(s) or item(s) requiring clarification or interpretation
and why the response is needed. The RFI must 'set forth the Contractor's interpretation or
understanding of the document(s) in question, along with the reason for such understanding.
Risk Administrator means the City's Risk Management Administrator, or designee, or the
individual named by the City Manager to administer matters relating to insurance and risk of
loss for the City.
Subcontractor means a, person, firm or corporation having a direct contract with Contractor
including one who furnishes material worked to a; special design according to the Contract
Documents, but does not include one who merely furnishes Materials not so worked.
Submittal means documents prepared and submitted by the Bidder to pre -qualify under this
solicitation.
Substantial Completion means that point at which the Work is at a level of completion in
substantial compliance with the Agreement such that the City can use, occupy and/or operate
the facility in all respects to its intended purpose. Substantial Compliance shall not be deemed
to have occurred until any and all governmental entities, which regulate or have jurisdiction over
the Work, have inspected, and approved the Work. Beneficial use or occupancy shall not be
the sole determining factor in determining whether Substantial Completion has been achieved,
unless a temporary certificate of occupancy has been issued.
Work means 'the completed construction required by the Contract Documents, including all
labor necessary to. produce such construction and all materials, supplies, and equipment
incorporated or to be incorporated in such construction.
2. Time is of the Essence
Contractor will promptly perform its duties under the Contract and will give the Work as much
priority as is necessary to cause the Work to be completed on a timely basis in accordance with
the Contract Documents. All Work shall be performed strictly (not substantially) within the time
limitations °necessary to maintain the critical path and all deadlines established in the Contract
Documents.
All dates and periods of time set forth in the Contract Documents, including those for the
commencement, prosecution, interim milestones, milestones, and completion of the Work, and
for the delivery and installation of materials and equipment, were included because of their
importance to the City.
Contractor acknowledges and recognizes that the City is entitled to full and beneficial
occupancy and use of the completed Work following expiration of the Contract Time.
In agreeing to bear the risk of delays for completion of the Work except for extensions approved
in accordance with Article 71, Excusable Delays, the Contractor understands that, except and
only to the extent provided otherwise in the Contract Documents, the occurrence of events of
delay within the Contractor's control, the Work shall not excuse the Contractor from its
16
NW 18t" Place Road Improvements — D3
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obligation to achieve full completion of the Work within the Contract Documents Time, and shall
not entitle the Contractor to an adjustment. All parties under the control or contract with the
Contractor shall include but are not limited to material persons and laborers.
The Contractor acknowledges that the City is purchasing the right to have the Contractor
continuously working at the Project(s) site(s) for the full duration of the Project to ensure the
timely completion of the Work.
3. Contract Term
The Contract shall commence upon issuance of the Notice of Proceed, which shall be issued
subsequent to the execution of the Contract by the City. The Contract shall terminate upon
notice by the City that the Contract has been closed -out after final completion or otherwise
terminated by the City pursuant to the terms and conditions herein set forth. The total bid
amount shall be the Guaranteed Maximum Cost ("GMC") of the Project which means the
maximum cost of the work including labor, materials, equipment, overhead expenses and profit.
The City will not be liable for payment of any amount in excess of the GMC (unless, the City
Commission has approved a project contingency or has approved a prior amendment to the
Contract, setting forth an additional amount due to Owner requested changes or its equivalent.
If the term Guaranteed Maximum Price ("GMP") is used in this Agreement, it shall have the
same definition as GMC, defined above.
4. Notices
Whenever either party desires to give Written Notice unto the other relating to the Contract,
such must be addressed to the party for whom it is intended at the place last specified; and the
place for giving of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this Article. Notice shall be deemed given on the date
received or within 3 days of mailing, if mailed through the United States Postal Service. Notice
shall be deemed given on the date sent via e-mail or facsimile. Notice shall be deemed given
via courier/delivery service upon the initial delivery date by the courier/delivery service. For the
present, the parties designate the following as the respective places for giving of notice:
For City of Miami:
Mark Spanioli, P.E.,
Director
Capital Improvements Program
City of Miami
444 S.W. 2nd Avenue, - 8th Floor
Miami, Florida 33130
Jeovanny Rodriguez, P.E.,
Assistant Director
Capital Improvements Program
City of Miami
444 S.W. 2nd Avenue, -8 th Floor
Miami, Florida 33130
For Contractor:
Mario Gonzalez, President
MAGGOLC, Inc.
11020 S.W. 55t" Street
Miami, Florida 33165
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NW 18th Place Road Improvements — D3 ITB No.: 12-13-064
During the Work the Contractor shall maintain continuing communications with Consultant and
the Project Manager. The Contractor shall keep the City fully informed as to the progress of the
Project(s) at all times through ongoing communications with the Project Manager.
The Contractor shall notify the Miami- Police Department and Fire Department about the
construction schedule(s). The Contractor is required to obtain a current list of contract persons
and phone numbers from the City of Miami's Project Manager prior to Construction.
The Contractor must notify residents living within 500 feet of the project in writing as least one
week in advance prior to commencing work in the general area.
5: Priority of Provisions '
All work shall be constructed in accordance with the latest edition of the City of Miami's Contract
Documents and Specifications. The City of Miami 's Standards for design and construction as
well as the Miami Dade County's Standards Details, and the 2007 Edition of the Florida
Department of Transportation Specifications Road and Bridge Construction.
If there is a conflict or inconsistency between any term, statement requirement, or provision of
any exhibit attached hereto, any document or events referred to herein, or any document
incorporated into the Contract Documents by reference and a term, statement, requirement, the
specifications and plans prepared by the Consultant, or provision of the Contract Documents the
following order of precedence shall apply:
In the event of conflicts in the Contract Documents the priorities stated below shall govern;
Revisions to the Contract shall govern over the Contract
The.Contract Documents shall govern over the Contract
• Addendum to an ITB shall govern over`a ITB
In the event of conflicts within the Contract Documents the priorities stated below shall govern:
• Scope T. 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 dimens• ions obtained by scaling
Where provisions of codes, manufacturer's specifications or industry standards are in
conflict, the more restrictive or higher quality shall govern
6. Indemnification
Contractor shall indemnify and hold harmless City, its officers, agents, directors, and
employees, from liabilities, damages, losses, judgments, and costs, including,but not limited to
reasonable attorney's fees, to the extent caused by the negligence, recklessness , negligent act
or omission, or intentional wrongful misconduct of Contractor and persons employedorutilized
by Contractor in the performance of this Contract. Contractor shall, further, hold the City, its
officials and employees, harmless for, and defend the City, its officials and/or employees
against, any civil actions, statutory or similar claims, injuries or damages arising or resulting
from the permitted work, even if it is alleged that the City, its officials and/or employees were
negligent. These indemnifications shall survive the cancellation and the term of this Contract. In
the event that any action or proceeding is brought against City by reason of any such claim or
demand, Contractor shall, upon written notice from City, resist and defend such action or
proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees
that any insurance protection required by this Contract or otherwise provided by Contractor shall
is
NW 1 St" Place Road Improvements — D3
ITB No.. 12-13-064
in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its
officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend, at its own expense, to
and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense,
at City's option, any and all claims of liability and all suits and actions of every name and
description which may be brought against City whether performed by Contractor, or persons
employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be
interpreted under the laws of the State of Florida, including without limitation and interpretation,
which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes as applicable.
Contractor shall require all Sub -Contractor agreements to include a provision that they will
indemnify the City.
The Contractor agrees and recognizes that the City shall not be held liable or responsible for
any claims which may result from any actions or omissions of the Contractor in which the City
participated either through review or concurrence of the Contractor's actions. In reviewing,
approving or rejecting any submissions by the Contractor or other acts of the Contractor, the
City in no way assumes or shares any responsibility or liability of the Contractor or Sub -
Contractor, under this Agreement.
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and
independent consideration for the granting of this Indemnification, the receipt and sufficiency of
which is acknowledged by the Contractor.
i. Insum ranee
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.
771. 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
77®2. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars
each bodily injury caused by an accident, each accident, One Million Dollars
($1,000,000.00) Dollars each bodily injury caused by disease, each employee.
One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by
disease, policy limit.
7.3. Commercial General Liability (Primary & Mon Contributory)
(CG 2010 11185)
(CGL) with minimum limits of One Million Dollars ($1,000,000.00) per
occurrence, combined single limit for Bodily Injury Liability and Property Damage
Liability, with a general aggregate limit of Two Million Dollars ($2,000,000.00).
Coverage must be afforded on a primary and non contributory basis and with a
coverage form no more restrictive than the latest edition of the Comprehensive
General Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
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NW 18th place Road Improvements ® D3 ITB No.- 12-13-064
■ Products and/or ' Completed Operations for contracts with an Aggregate
Limit of One Million Dollars ($1,000,000.00) per project. Contractor
shall maintain in force until at least three'years after,. completion of all
Work required under the Contract, coverage for Products and Completed
Operations, including Broad Form Property Damage.
■ Personal and Advertising Injury with an aggregate limit of One Million
Dollars ($1,000,000).
■ CGL Required Endorsements
o Employees included as insured
o Contingent Liability/Independent Contractors Coverage
o Contractual Liability
o Waver of Subrogation
o Premises and/or Operations Liability
o Explosion, Collapse and Underground Hazard
o Loading and Unloading
City, is to be expressly included as an Additional Insured pursuant to
endorsement number CG 201011/85 or its equivalence.
7.4. Business Automobile Liability with minimum limits of ,One Million Dollars
($1,000,000.00) per occurrence combined single .limit for Bodily Injury Liability
and Property Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability policy,
without restrictive endorsements, as filed by the Insurance Services Office, and
must include:
■ Owned Vehicles
■ Hired and Non -Owned Vehicles
Employers' Non -Ownership
■ Employees included as insureds
• City of Miami as Additional Insured
■ Any Auto
■ Scheduled Autos
7.5. Umbrella Policy (Excess Following Form/True Excess
Following Form/True Umbrella)
Bodily injury and property damage liability with limits of Three Million
Dollars ($3,000,000) per occurrence, Three Million Dollars ($3,
000,000) Aggregate.
Excess coverage over the policies as follows:
■ Commercial General Liability
Business Automobile Liability
■ Employer's Liability
City shall be listed as an additional insured.
7.6. Installation Floater
® Causes of Losse- Special Form including Wind and Hail
Valuation: Replacement Cost
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NW 18th .Place Road Improvements — D3 ITB No.: 1213-064
City of Miami included as an additional insured
5% Maximum on Wind
A.=Limit/Value at Location or Site: $ TBD
Required for the installation of machinery and/or equipment into an existing
structure is required. The coverage shall be"All Risk" coverage including
installation and transit for 100 percent of the "installed replacement cost value,"
covering City as a named insured, with a deductible of not more than Five
Thousand Dollars ($5,000.00) each claim.
7.7. Owners & Contractor's Protective
Each Occurrence $1,000,000
General Aggregate $1,000,000
The above policies shall provide the City of Miami with written notice of cancellation or material
change from the insurer not less than (30) days prior to any such cancellation' or material
change. If the initial insurance expires prior to the completion of the Work, renewal copies of
policies shall be furnished at least thirty (30) days prior to the date of their expiration.
Notice of Cancellation and/or Restriction --The policy (les) must be endorsed to provide City with
at least thirty (30) days notice of cancellation and/or restriction.
Contractor shall furnish to the Capital Improvement Program the Certificates of Insurance or
endorsements evidencing the insurance coverage specified above within fifteen (15) calendar
days after notification of award of the Contract. The required Certificates of Insurance shall
name the types of policies provided, refer specifically to this Contract, and state that such
insurance is as required by this Contract.
The official title of the Owner is the City of Miami, Florida. This official title shall be used in all
insurance documentation. The City of Miami shall be listed as an additional insured where
applicable.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above,
The company must be rated no less than "A-" as to management, and no less than "Class V" as
to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance
g
are subject to review and verification by Risk Management poor to insurance approval.
The Risk Administrator or his/her authorized designee reserves the right to require
modifications, increases, or changes in the required insurance requirements, coverage,
deductibles or other insurance obligations by providing a thirty (30) day written notice to the
Contractor in accordance with Section 2, General Conditions, Article 4, Notices. Contractor shall
comply with such requests unless the insurance coverage is not then readily available in the
national market. An additive or deductive change order will be issued to adjust the contract
value as necessary. For insurance bonding issues and decisions, the City shall act through its
Risk Administrator (unless otherwise stated).
8. Performance and Payment Bond
Where required by the Contract Documents 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.
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NW 18t" Place Road Improvements — D3 ITB No. 12-13-064
Each Bond shall be in the amount of one hundred percent (100%) of the Contract value
guaranteeing to City the completion and performance of ,the Work covered in the Contract
Documents as well as full payment of all suppliers, laborers, or subcontractors employed
pursuant to this Project(s). Each Bond shall be with a Surety, which is qualified pursuant to
Article 9, Qualification of Surety.
Each Bond shall continue in effect for one year after Final Completion and acceptance of the
Work with liability equal to one hundred percent (100%) of the Contract value, or an additional
bond shall be conditioned` that Contractor will, upon notification byCity, correct any defective or
'faulty work or materials Which appear within one year after Final Completion of the Project(s).
The City must be listed as an Obligee.
Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as amended from time
to time, Contractor shall ensure that the Bond(s) referenced above, shall be recorded in the
public records and provide City with evidence of such recording.
Alternate Form of Security:
In lieu . of a Performance/Payment Bond, Contractor may furnish alternate forms of security,
which may be in the form of cash, money order, certified check, cashier's check.or unconditional
letter of credit in the form' attached. Such alternate forms of"security shall be subject to the prior
approval of City and for same purpose and shall be subject to the same conditions as those
applicable above and shall be held by City for one,year after completion and acceptance of the
Work.
9. Qualification of`Surety
Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000):
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 s, hall hold a'current certificate of authority as acceptable surety on federal bonds in
accordance with 0J ited 'States `Department of TreasuryCircular 570, Current Revisions. If the
amount of the Bond exceeds the underwriting limitation `set forth in the circular, in order to
qualify; the net retention of the Surety shall not exceed the underwriting limitation in the circular,
and the excess risks must be protected by coinsurance, reinsurance, or other methods in
accordance with Treasury Circular 297, revised September 1; 1978 (31 DFR Section 223.10,
Section 223..111). Further, theSurety shall provide City with evidence satisfactory to City, that
such excess risk has been protected in an acceptable manner
^L0. General Requirements
The 'e npioyee(s) of the Contractor shall be considered to be at all times its employee(s), and
not an employee(s) or agent(s) of the City or any of its departments.
The Contractor agrees that the Contractor will at all times employ, maintain and assign to the
performance of a`Project a sufficient number of competent and qualified professionals and other
personnel to meet the requirements of the Work to, be performed.
The Contractor agrees to adjust staffing levels or to replace any staff personnel if so requested
by the Project Manager, should the Project Manager make a determination that said staffing is
unacceptable or that any individual is not performing in a manner consistent with the
requirements for such a `position.
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NW 18t" Place Road Improvements — Q3 -ITB No.: 12.13-064
The Contractor represents that its staff personnel have the proper skills, training, background,
knowledge, experience, rights, authorizations, integrity, character and licenses as necessary to
perform the Work, in a competent and professional manner.
The Contractor shall provide temporary facilities and controls necessary to perform the Work
and to ensure safe and proper access and use of the site by the Project Manager and the
Consultant. ` Any such specific requirements will be included in the Technical Specification
portion of the ITB.
The Contractor shall at all times cooperate with the City, or the Consultant and coordinate its
respective Work efforts to most effectively and efficiently progress the performance of the Work.
The City, the Consultant and other agencies authorized by the City, shall have full access to the
Project(s) site(s) at all times.
The Contractor shall be responsible for the good condition of the Work or materials until formal
release from his obligations under the terms of the Contract Documents.
Contractor shall bear all losses resulting to it on account of the amount or character of the Work,
or the character of the ground, being different from what he anticipated.
The Contractor shall at all times conduct the Work in such manner and in such sequence as will
ensure the least practicable local interference. Contractor shall not open up Work to the
prejudice of Work already started, and the Project Manager may require the Contractor to finish
a section on which Work is in progress before Work is started on any additional section.
Contractor is to take necessary precautions and use caution when working in or around
overhead transmission lines and underground utilities.
The apparent silence of the Contract Documents as to any detail, or the apparent omission from
them of a detailed description concerning any Work to be done and materials to be furnished,
shall be regarded as meaning that only best practices are to prevail and only materials and
workmanship of the best quality are to be used in the performance of.the Work.
11. Method of Performinct the Work
If the Project Manager or Consultant reasonably determines the rate of progress of the Work is
not such as to ensure its completion within the designated completion time, or if, in the opinion
of the Project Manager or Consultant, the Contractor is not proceeding with the Work diligently
or expeditiously or is not performing all or any part of the Work according to the Project
schedule accepted by or determined by the Project Manager or Consultant, the Project Manager
or the Consultant shall have the right to order the Contractor to do either or both of the following:
(1) improve its work force; and/or (2) improve its performance in accordance with the schedule
to ensure completion of the Project(s) within the specified time. The Contractor shall
immediately comply with such orders at no additional cost to the City. (3) The City at its sole
option may also have Work performed by a third party contractor and deduct such cost from any
monies due the Contractor.
Where materials are transported in the performance of the Work, vehicles shall not be loaded
beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State
or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage
shall be provided by the Contractor and any damaged curbing, grass areas, sidewalks or other
areas shall be repaired at the expense of the Contractor to the satisfaction of the Project
Manager or Consultant.
Contractor is responsible to control dust and prevent it from becoming a public nuisance or
causing off-site damage. Contractor shall take all necessary and prudent measure to control
durst.
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NW 18t" Place Road Improvements ® D3 ITB No.: 12 13064
The Contractor shall furnish to the Project Manager and the Consultant a complete listing of 24-
hour telephonenumbers at which responsible representatives of the Contractor and all of the
Contractor's Subcontractor can be reached should the need arise at any time.
12. Work Staging and Phasing
The Work to be performed shall be done in such a manner s° as the interfere
s -performed
the normal shall
City operations of the Project site or facility. The manner in
be subject to the approvalchanges in the manner al of the Project Manager or Consultant, whom ifn wnecessary, shall have
the authority to require in the Work is 'performed. There shall be
no obstruction` of City services without the prior written approval of .the Project Manager or
must be given in
Consultant. All requests for such interruption or obstructnen ru ton of City opera ionsg ritinto the
Project manager or Consultant 24 hours in advance of the p
ork is to be
The Contractor .shall familiarize itself with normal City operations ss ble manner - to the Wthe complete
performed so that it. can conduct the Work in the p
satisfaction of the Project Manager and Consultant.
A staging plan must be submitted to and approved by the Project Manager or the Consultant
and
prior to the start of construction and issuance of the Notice to Proceed. Such staging p
be revised and resubmitted as necessary during construction.
13. SiteInvestigation and Representation
The Contractor acknowledges that it has satisfied itself as d to -the n nature
conditions, location(s) of the
particularly those
Work under the Contract Documents, the general an local
bearing upon availability of transportation, disposal, handling and storage dmaterials,
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. geotechnical
The Contractor further acknowledges that it has satisfied itself based on any g
reports the City may provide and inspection to behe ,encPr ountaed from inspecting the site alnd
and quantity of surface and subsurface materials
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
sheeting,` or other procedures are necessary to protect adjacent property during
shoring,
excavation of subsoil materials or during filling of any' area(s), or for any operation during the
performance of the Work.
Any,failure by the Contractor to acquaint itself with all the provided information and information
obtained by visiting the Project(s) site(s) will not relieve
the Contracttor from DocumentsSpin theft venty for.
properly estimating the difficulty or cost thereof under
that the actual subsurface conditions vary from the actual City provided reports the Contractor
shall notify the City and this Contract Documents amount may be adjusted up or down
depending on the conditions.
14. Contractor to Check Plans, Specifications and Data
Contractor shall verify all dimensions, quantities and details
shown n the plans,ct Documents,
or other data received from Project Manager or Con p
and shall notify the Project Manager and the Consultant of all errors, omissions and
not be
discrepancies found therein within three (3) calendar. days °e discovery.
nc v as fu instruct inntractor structions will be
allowed to take advantage of any error, omission or p Y
furnished by the Project Manager or by Consultant. Contractor shall not be liable for damages
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ITB No.: 12-13-064
NW 18th Place Road Improvements — D3
resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor
recognized such error, omission or discrepancy and knowingly failed to report it to Project
Manager or Consultant.
15. Contractor's Responsibility for Damages and Accidents
Contractor shall accept full responsibility for Work against all losses or damages of whatever
nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no
additional cost to the City any Work, materials, equipment, or supplies damaged, lost, stolen, or
destroyed from any cause whatsoever.
Contractor shall accept full responsibility for Work against all losses or damages of whatever
nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no
additional cost to the City, and to the satisfaction of the Project Manager, any Work, materials,
equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever.
Lawn Areas d All lawn areas disturbed by construction shall be replaced with like kind to a
condition similar or equal to that existing before construction. Where sod is to be removed, it
shall be carefully removed, and the same re-soded, or the area where sod has been removed
shall be restored with new sod in the manner described in the applicable section. Fences - Any
fence, or part thereof, that is damaged or removed during the course of the work shall be
replaced or repaired by the Contractor, and shall be left in as good of a condition as before the
starting of the work.
Where fencing, walls, shrubbery, grass strips or area must be removed or destroyed incident to
the construction operation, the Contractor shall, after completion of the work, replace or restore
to the original condition all such destroyed or damaged landscaping and improvements.
16. Accidents
The Contractor shall provide such equipment and facilities as are necessary or. required, in the
case of accidents, for first aid service to person who may be injured during the Project(s)
duration. The Contractor shall also comply with the OSHA requirements as defined in the United
States Labor Code 29 CFR 1926.50.
In addition, the Contractor must report immediately to the Project Manager and Consultant
every accident to persons or damage to property, and shall furnish in writing full information,
including testimony of witnesses regarding any and all accidents.
17. Safety Precautions
Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
• All employees on the Project(s) site(s) and other persons who may be affected thereby;
• All the Work and all materials or equipment to be incorporated therein, whether in
storage on or off the Project(s) site(s); and
• Other property at the Project(s) Site(s) or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated for removal,
relocation or replacement in the course of construction.
Contractor shall designate a responsible member of its organization at the Project(s) site(s)
whose duty shall be the prevention of accidents. This person shall be Contractor's
superintendent unless otherwise designated in writing by Contractor to Project Manager.
Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any
public body having jurisdiction for the safety of persons or property or to protect them from
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NW 18th Place Road Improvements — D3 ITl3 No. 12-13-064
damage, injury or loss; and shall erect and maintainall necessary safeguards for such safety
and protection. Contractor shall notify owners of adjacent property and utilities when
prosecution of the Work may affect them. All damage, injury or loss to any property caused
directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be
remedied by Contractor, Contractor's duties and responsibilities for the safety and protection of
the Work shall continue until such time as all the Work is completed and Project Manager or
Consultant has issued the Contractor a notice of Final Acceptance.,
Contractor must adhere to the applicable environmental protection guidelines for the duration of
a Project. If hazardous waste materials are used, detected or generated at any time, the Project
Manager must be immediately notified of each and every occurrence. The Contractor shall
comply with all codes, ordinances, rules, orders and other legal requirements of public
authorities (including OSHA, EPA, DERM,.the City, .Miami -Dade County, State of Florida, and
Florida Building Code), which bear on the performance of the Work.
The1. Contractor shall take the responsibility to ensure that all Work is performed using adequate
safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding,
barricades, chain link fencing,: railings, barricades, steel plates, safety lights, and ladders that
are necessary for the protection of its employees, as well as the public and City employees. All
riggings and scaffolding shall be constructed with good sound materials, of adequate
dimensions for their intended use, and substantially braced, tied or secured to ensure absolute
safety for those required to use it, as well as those in the vicinity. All riggings, scaffolding,
platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall
be OSHA approved, as applicable, and in accordance with all federal state and local
regulations:
All open trenches or holes shall be properly marked and barricaded to assure the safety of both
vehicular and pedestrian traffic. No open trenches or holes are to be left open; during nighttime
or non -working hours without the prior written approval of the Project Manager.
If an emergency condition should develop during a Project, the Contractor must immediately
notify the Project Manager and Consultant of each and every occurrence. The Contractor
should also recommend any appropriate course(s) of action to the Project Manager and the
Consultant.
18. Occupational Health 'and Safety
In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-
4103 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 substances
• The hazards or other risks in the use of the substance, including:
o The potential for fire, explosion, corrosion, and reaction;
o The known acute and chronic health effects of risks from exposure, including the
medical conditions which are generally recognized as being aggravated by exposure
to the substance; and
o The primary routes of entry and symptoms of overexposure.
• The proper precautions, handling practices, necessary personal protective equipment,
and other safety precautions in the use of or exposure to the substances, including
appropriate emergency treatment in 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.
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W
M
21
22.
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.
Labor and Materials
Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor,
water, tools, equipment, light, power, transportation and other facilities and services necessary
for the proper execution and completion of the Work, whether temporary or permanent and
whether or not incorporated or to be incorporated in the Work.
Contractor shall at all times enforce strict discipline and good order among its employees and
subcontractors at the Project(s) site(s) and shall not employ on the Projects) any unfit person or
anyone not skilled in the Work to which they are assigned.
Rules Regulations and Licenses
The successful Contractor shall comply with all laws and regulations applicable to provision of
services specified in the Contract Documents. The Contractor shall be familiar with all federal,
state and local laws that may in affect the Work, goods and/or services offered.
Consultant Services
The City, at its sole discretion may hire a Consultant who shall serve as the City's
Representative for the Project(s) to be performed under the Contract Documents. The Contract
Documents will state that an City's representative has been contracted with for the management
of the Work under the Contract Documents and who will be the lead "point of contact, the
Consultant or the Project Manager. Where a Consultant has been identified, the Consultant and
the Project Manager will have authority to act on behalf of the City to the extent provided in the
Contract Documents and as outlined in Article 22, Authority of the Project Manager, of the
General Terms and Conditions.
On the basis of the on-site observations, the Consultant will keep the Project Manager informed
of the progress of the Work. In the capacity of interpreter, the Consultant will exercise the best
efforts to ensure faithful performance by both the Project Manager and the Contractor and will
not show partiality to either.
The Project Manager will assist the Consultant in conducting inspections to determine the date
or dates of Substantial Completion and Final Acceptance and will receive and review written
warranties and related documents required by the Contract and the Contract Documents. The
Consultant will be responsible for receiving all documentation for review and acceptance. Upon
acceptance such documentation will be forwarded to the Project Manager. The Project
Manager in conjunction with the Consultant will approve Schedules of Values, Project
Schedules, subcontractors and invoices.
The City may contract for additional consultant services, including but not limited to construction
examination and observation services. Such services are intended to be additional services
and are not intended to and shall not be construed to supplant or alter the role and
responsibilities of the Consultant,
In case of the termination of employment of the Consultant, the City may, at its sole discretion,
appoint another Consultant, whose status under the Contract shall be as that of the former
Consultant.
Proiect 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
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NW ISth Place Road Improvements — D3 ITB No.: 12.13-064
is not limited to: obtaining bids from subcontractors and suppliers;: coordinating the securing of
all permits, obtaining licenses and inspections;- ensuring that subcontractors comply with all City
requirements; performing the Work in accordance with the Contract Documents to the
satisfaction of the Project Manager; paying all subcontractors; obtaining release of liens/claims
fees; and obtaining temporary and final Certificates of Occupancy or Completion.'
23. Superintendence and Supervision
The orders of the City are given through Consultant or Project Manager, which instructions are
to be strictly and promptly followed in every case. Contractor shall keep on the Project during
its progress, a full-time competent English speaking superintendent and any necessary
assistants, all satisfactory to Project Manager or Consultant. The superintendent shall not be
changed except with the written consent of Project Manager or Consultant, unless the
superintendent proves to be unsatisfactory to Contractor and ceases to; be in its employ. The
superintendent shall represent Contractor and all directions given to the superintendent shall be
as binding as if given to Contractor and will be confirmed in writing by Project Manager or
Consultant upon the written request of Contractor. Contractor shall give efficient supervision to
the Work, using its best skill and attention. The Project Manager and the Consultant shall be
provided telephone number(s)' for the superintendent where the superintendent can be
contacted during normal working hours as well as after hours for emergencies.
On Projects in excess onr thirty (30) calendar days the Contractor's superintendent shall record,
at a minimum, the following information in a bound log: the day; date; weather, conditions and
how. any, weather condition affected progress of the Work; time of commencement of Work for
the day; the. Work being. performed; materials, labor, personnel,. equipment and subcontractors
at the Project(s) 'site(s); visitors to the Project site, including representatives of the City,
Consultant, regulatory representatives; any special or unusual conditions or occurrences
encountered; and the time ,of termination of Work for the day. All information shall be recorded
in the daily log in indelible ink. The daily log shall be kept on the Projects) sites) and shall be
available at all times for inspection and copying by Project Manager and Consultant.
The Project Manager, Contractor and Consultant shall meet at least every two (2)weeks or as
otherwise -determined by the Project Manager, during the course of the Work to review and
outstanding is The Contractor shall publish, keep,
agree upon the Work performed and
and distribute minutes and any comments thereto of each such meeting.
If Contractor, in the course of performing the Work, finds any discrepancy between the Contract
Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies
in the Plans, it shall be the Contractor's duty to immediately inform Project Manager and
Consultant, in writing, and Project Manager or Consultant, will promptly review the same. Any
Work done after such discovery, until authorized, will be done at Contractor's sole risk.
Contractor shall supervise and direct the Work 'competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract. Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences and procedures` of construction.
All Work, including trade Work shall be performed and supervised by persons properly licensed
for the Work being performed.
24. Authority of the Project Manager
The Director hereby authorizes the Project Manager or the Consultant designated in the
Contract Documents to determine, all questions of any nature whatsoever arising out of, under
or in connection with, or in any way relating to or on account of the Work, and questions as to
the interpretation of the Work to be performed under this Contract Documents.
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The Contractor shall be bound by all determinations or orders of the Project Manager and/or
Consultant and shall promptly respond to requests of the Project Manager and/or Consultant,
including the withdrawal or modification of any previous order, and regardless of whether the
Contractor agrees with the Project Manager's and/or Consultant's determination or requests.
Where requests are made orally, the Project Manage and/or Consultant will follow up in writing,
as soon thereafter as is practicable.
The Project Manager and/or Consultant shall have authority to act on behalf of the City to the
extent provided by the Contract, unless otherwise modified in writing by the City. All instructions
to the Contractor shall be issued in writing. All instructions to the Contractor shall be issued
through the Director, Project Manager or the Consultant.
The Project Manager and Consultant shall have access to the Project(s) Site(s) at all times. The
Contractor shall provide safe facilities for such access so the Project Manager and Consultant
may perform their functions under the Contract. The Project Manager and Consultant will make
periodic visits to the Work Site to become generally familiar with the progress and quality of the
Work, and to determine if the Work is proceeding in accordance with the Contract Documents.
The Project Manager and Consultant will not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection
with the Work, and will not be responsible for the Contractor's failure to carry out the Work in
accordance with the Contract Documents.
The Project Manager and Consultant will have authority to reject Work that does not conform to
the Contract Documents. Whenever, in his or her opinion, it is considered necessary or
advisable to ensure the proper completion of the Contract Documents the Project Manager and
Consultant will have authority to require special inspections or testing of the Work, whether or
not such Work is fabricated, installed or completed. Neither the Project Manager's nor
Consultant's authority to act under this paragraph, nor any decision made by him in good faith
either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of
the Project Manager or Consultant to the Contractor, any subcontractor, supplier or any of their
agents, employees, or any other person performing any of the Work.
All interpretations and recommendations of the Project Manager and Consultant shall be
consistent with the intent of the Contract Documents.
The Project Manager and Consultant will not be responsible for the acts or omissions of the
Contractor, any Subcontractor, or any of their agents or employees, or any other persons
performing any of the Work.
25. Inspection of Work
Consultant, Inspectors, and City shall at all times have access to the Work during normal work
hours, and Contractor shall provide proper facilities for such access and for inspecting,
measuring and testing.
Should the Contract Documents, Consultant/inspector Project Manager's instructions, any laws,
ordinances, or any public authority require any of the Work to be specially tested or approved,
Contractor shall give Project Manager and Consultant timely notice of readiness of the Work for
testing. If the testing or approval is to be made by an authority other than City, timely notice
shall be given of the date fixed for such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should be covered up without approval
or consent of Project Manager or Consultant, it must, if required by the Project Manager or
Consultant, be uncovered for examination and properly restored at Contractor's expense.
Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections
and approvals with the City's testing laboratory or entity. The Contractor shall give the City and
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NW 18{x' Place Road Improvements — D3 ITB No. 12-13-064
the Consultant timely notice of when and where tests and inspections are to be made so that
the City or Consultant may be present for such procedures.
Re-examination of any of the Work may be ordered by the Project Manager or Consultant, and if
so ordered, the Work must be uncovered by Contractor. If such Work is found to be in
accordance with the Contract Documents,_ City shall pay the cost of reexamination and
replacement by means of a Change Order. If such Work is not in accordance with the Contract
Documents, Contractor shall pay such cost.
The Contractor shall bear the cost of correcting destroyed or damaged construction, whether
completed or partially completed, of the City or separate contractors caused by the
Contractor's_ correction or removal of Work which is not in accordance with the requirements of
the Contract Documents.
Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of
the Contract'Documents or to delay the Work by failure to inspect the materials and Work with
reasonable `promptness without' the written permission or instruction of Project Manager or
Consultants.
The payment of any compensation, whatever may be its character or form, or the giving of any
gratuity or the granting of any favor by the Contractor to any Inspector, directly or indirectly, is
strictly prohibited, and any such act on the part of the Contractor will constitute a breach of this
Contract.
26. Taxes
Contractor shall pay all applicable sales, consumer, use and any other taxes required by law,
rule or regulation.Contractor i& responsible for reviewing the pertinent state ,statutes involving
state taxes and complying with all requirements.
27. Separate Contracts
Prior to the .commencement of the Work the Project Manager or the Consultant will notify the
Contractor of all ongoing projects or projects scheduled to commence during the Work that may
require coordination. The Contractor shall be responsible for coordinating the Work with any
other project to minimize any potential adverse impact. Contractor shall not be entitled to any
days of delay for failure to properly` coordinate the Work. The Consultant and the Project
Manager will assist the Contractor in coordinating the Work. However, the sole responsibility for
coordination rests with the Contractor;
If any part of Contractor's Work depends for proper execution or results upon the work of any
other persons, Contractor shall inspect and promptly report to Project Manager and .Consultant
any defects in such work that render it unsuitable for such proper execution and results.
Contractor's failure to so inspect and report shall constitute an acceptance of the other person's
work as fit and proper for the reception of Contractor's Work, except as to defects which may
develop in other contractor's work after the execution of Contractor's Work. Contractor shall
conduct its operations and take all reasonable steps to coordinate the prosecution of the Work
so as to create no interference or impact on any other contractor on the site. Should such
interference or impact.occur, Contractor shall be liable to the affected contractor for the cost of
such interference or impact.
To ensure the proper execution of subsequent Work, Contractor shall inspect the Work already
in place and shall at once report to Project Manager and Consultant any discrepancy between
the executed Work and the requirements of the Contract Documents.
28. Lands of Work
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NW 18th Place Road Improvements — D3 ITB No.. 12-13-064
City shall provide, as may be indicated in the Contract Documents, the lands upon which the
Work is to be performed, rights-of-way and easements for access thereto and such other lands
as are designated by City for the use of Contractor.
Contractor. shall provide, at Contractor's own expense and without liability to City, any additional
land and access thereto that may be required for temporary construction facilities, or for storage
of materials. Contractor shall furnish to City copies of written permission obtained by Contractor
from the owners of such facilities.
29. Coordination of Work
The Project Site(s) may be occupied and may operate on a twenty-four hour seven day a week
schedule. Contractor shall ensure that the performance of the Work does not impact any
.ongoing operations at Project(s) site(s), which also includes the delivery of any materials and
equipment. Access to and egress from the Project Site(s) shall be coordinated with the Project
Manager and the Consultant to minimize interference to regular and emergency operations of
the facility.
Contractor may be required to coordinate the Work with other contractors performing work at
the Project(s) site.
30. Differing Site Conditions
In the event that during the course of the Work Contractor encounters subsurface or concealed
conditions at the Project(s) site(s) which differ materially from those shown in the Contract
Documents and from those ordinarily encountered and generally recognized as inherent in work
of the character called for in the Contract Documents; or unknown physical conditions of the
Project(s) site(s), of an unusual nature, which differ materially from that ordinarily encountered
and generally recognized as inherent in work of the character called for in the Contract
Documents, Contractor, without disturbing the conditions and before performing any Work
affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify the
Project Manager and Consultant in writing of the existence of the aforesaid conditions, Project
Manager and the Consultant shall, within two (2) business days after receipt of Contractor's
written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of
Project Manager or the Consultant, the conditions do materially so differ and cause an increase
or decrease in Contractor's cost of, or the time required for, the performance of any part of the
Work, whether or not charged as a result of the conditions, Project Manager or Consultant shall
recommend an equitable adjustment to the Contract Documents Price or Contract Documents
Time, or both. If the Project Manager and Contractor cannot agree on an adjustment in the
Contract . Price or Contract Time, the adjustment shall be referred to the Director for
determination. Should the Director determine that the conditions of the Project(s) site(s) are not
so materially different to justify a'change in the terms of the Contract Documents, the Director
shall so notify the"Project Manager, Consultant, and .Contractor in writing, stating the reasons,
and such determination shall be final and binding upon the parties hereto.
No request by Contractor for an equitable adjustment to the Contract Documents under this
provision shall be allowed unless Contractor has given written notice and otherwise fully
documented altering site conditions in strict accordance with the provisions of this Article. No
request for an equitable adjustment or change to the Contract price or Contract time for differing
site conditions shall be allowed if made after the date certified by Consultant or Project Manager
as the date of substantial completion.
31. Existing Utilities
Known utilities and structures adjacent to or encountered in the Work will be shown on the
Drawings. The locations shown are taken from existing records and the best information
available from existing plans and utility investigations; however, it is expected that there may be
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NW 18th Place Road Improvements — D3 ITB No.: 12.13-054
some discrepancies and omissions in the locations and quantities of utilities and structures
shown. Those shown are for the convenience of the Contractor only, and no responsibility is
assumed by either the City for their accuracy or completeness. No request for additional
compensation or contract time resulting from encountering utilities not shown will be considered.
The Contractor shall explore sufficiently ahead of the Work to allow time for any necessary
adjustments The Contractor must coordinate all underground utility locations through "Sunshine
State One Call of Florida, Inc", who hall be contacted a minimum of 43 hours before the
Contractor commences any digging. The Contractor is responsible for removing all utility
markings once the work is completed. Final payment to the Contractor may be withheld until the
utility marks are removed.
32. Contractor's Responsibility for Utility Properties and Service
Where the Contractor's operations could cause damage or inconvenience to railway, telephone,
fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the
Contractor shall make all arrangements necessary for the protectionof these utilities and
services or any other known utilities.
Notify all utility companies that are affected by the construction operation at least 48 hours in
advance. Under no circumstance expose any utility without first obtaining permission from the
appropriate agency. Once permission has been granted, locate, expose, and provide: temporary
support for all existing underground utilities and utility poles where necessary.
The Contractor and his Subcontractors shall be solely and directly responsible to the owner and
operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits,
actions, or claims of any character brought because of any injuries or damage which may result
from the construction operations under the Contract Documents.
Neither the City nor its officers or agents shall be responsible to the Contractor for damages as
a result of the Contractor's failure to protect utilities encountered in the Work.
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 hrough, and restore the
service with similar and 'equal 'materials at the Contractor's expense and as approved by the
Project Manager or Consultant,
Replace, with material approved by the Project Manager or Consultant, at Contractor's expense,
any, and all other laterals, existing utilities or structures removed or damaged during
construction, unless otherwise 'provided for in the Contract Documents and as approved by the
Project Manager or Consultant.
Replace, with material approved by the Project Manager or Consultant, at Contractor's expense,
any existing utilities damaged during the Work
33. Interfering Structures
An attempt has been made to show major structures on the furnished Drawings. While the
information has been compiled from the best available sources, its completeness and accuracy
cannot be guaranteed, and is presented as a guide. The Contractor shall field verify all
locations. Contractor shall coordinate with any affected companies, including utility companies
and take necessary precautions to prevent damage to existing structures whether on the
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NW 18th Place Road Improvements — D3 ITB No.: 12-13-064
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 theWork may be
necessary. Such relocations shall be made only by the direction of the Project Manager or
Consultant at the Contractor's expense. If existing structures are encountered that will prevent
construction as shown, the Contractor shall notify the Project Manager or Consultant before
continuing with the Work in order that the Project Manager or Consultant may make such field
revisions as necessary to avoid conflict with the existing structures. Where the Contractor fails
to notify the Project Manager or Consultant when an existing structure is encountered, and
proceeds with the Work despite this interference, the Contractor does so at his own risk.
35. Contractor's Use of Project Site(s)
Limitations may be placed on the Contractor's use of the Project(s) site(s) and such limitations
will be identified by the Project Manager. In addition to such limitations, the Project Manager
may make storage available to the Contractor at his sole discretion based on availability of
space. The Contractor shall also coordinate and schedule deliveries so as to minimize
disruptions to City day -today 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:
c Confine operations at the Project(s) site(s) to the areas permitted by the Project
Manager or Consultant; not disturb portions of the Project(s) site(s) beyond the
specified areas; conform to Project(s) site(s) rules and regulations affecting the
Work.
o Keep existing driveways and entrances serving surrounding facilities clear and
available to the City, its employees and the public at all times; not use areas for
parking and/or storage of materials except as authorized by the Project Manager.
o Assume all responsibility for its tools, equipment and materials, including any
materials purchased for the Work and not accepted by the City, and its vehicles while
performing Work for the City and/or while parked or stored at a City facility. The City
assumes no liability for damage or loss to the items specified in this paragraph.
Access to parking and egress from the Project(s) site(s) shall be subject to the approval of the
Project Manager.
36. Warrantv of Materials and Equipment
Contractor warrants to City that all materials and equipment furnished under the Contract
Documents will be new unless otherwise specified and that all of the Work will be of good
quality, free from faults and defects and in conformance with the Contract Documents and
Contract/Documents. All Work not conforming to these requirements, including substitutions not
properly approved and authorized, may be considered defective. If required by the Project
Manager or Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality
of materials and equipment. This warranty is not limited by any other provisions within the
Contract Documents.
37. Material and Equipment Shipment, Handling, Storage and Protection
Preparation for Shipment
When practical, equipment shall be factory assembled. The equipment parts and assemblies
that are shipped unassembled shall be furnished with assembly plan and instructions. The
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NW 13th Place Road Improvements — D3 ITB No. 12-13-064
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 requirementsfor 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 paokaged in a manner for protection against damage from'the elements during
shipping, handling, and storage. Ship in boxes that are marked to indicate the contents. Delivery
of spare parts and special tools shall be made prior to the time associated equipment is
scheduled for the initial test run.
Shipment
All equipment and material shall be shipped with freight and; shipping paid, FOB job site.
The Contractor shall request.a , 7-day advance notice of shipment from manufacturers, and,
upon receipt of such notice, provide the.Engineer with a copy of the current delivery information
concerning equipment items and material items of critical importance, to the Project schedule.
Receiving... , ,
The Contractor shall unload and record the receipt of all equipment and, materials at the jobsite.
All costs for receiving, inspection, handling, storage,` insurance; inventory control, and
equipment maintenance for the,Contractor-Supplied and City-Supplied materials and equipment
shall be included in the prices Bid and no extra compensation will be allowed,
Inspection
Immediately upon receipt of equipment and materials at,the jobsite, the, Contractor shall inspect
for completeness and any evidence of damage during shipment. City supplied 'equipment and
material shall be inspected and inventoried together with City's Inspector. Should there appear
to be any shortage or damage, the Project Manager or Consultant shall be immediately notified;
and the Contractor shall be fully, responsible for informing the manufacturers and the
transportation company of the ''extent `of the shortage or damage. If the item or items require
replacing or supplying missing parts, the Contractor shall take the necessary measures to
eXpedite the replacement or supply the missing parts.
Handlin
Equipment and materials received for installation on the Project(s) shall be handled in
accordance with the manufacturer's recommendations, and in a manner that will prevent
damage.
Stora e
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
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NW 18t"�Place Road Improvements — D3 ITB No.: 12-13-064
secure buildings. Items requiring environmental control for protection shall be provided with the
necessary environmentally controlled storage facilities at no cost to the City.
Insurance
The Contractor's insurance shall adequately cover the value of materials delivered but not yet
incorporated into the Work.
Inventory Control
Equipment and materials shall be stored in a manner to provide easy access for inspection and
inventory control. The Contractor shall keep a running account of all materials in storage to
facilitate inspection and to estimate progress payments for materials delivered but not installed
in the Work.
Equipment's Maintenance Prior to Acceptance by the City_
Provide the required or manufacturer's recommended maintenance during storage, during the
installation, and until such time as the City accepts the equipment for full-time operation.
Salvage Equipment
Any salvageable pipe, fittings, or other miscellaneous material or equipment removed during
construction and not reused in the Work shall be cleaned, hauled, and stored by the Contractor
at his own expense, where directed by the Project Manager or Consultant, and shall remain the
property of the City. All other material shall be disposed of by the Contractor at his own
expense.
38. Manufacturer's Instructions
The Contractor shall:
Comply with manufacturer's requirements for the handling, delivery and storage of all materials.
Where required by the Contract Documents, Contractor shall submit manufacturer's printed
instructions for delivery, storage, assembly, and installation.
Comply with the manufacturer's applicable instructions and recommendations for the
performance of the Work, to the extent that these instructions and recommendations are more
explicit or more stringent than requirements indicated in the Contract Documents including the
Contract Documents.
Inspect each item of material or equipment immediately prior to installation and reject damaged
and defective items.
Provide attachment and connection devices and methods for securing the Work; secure Work
true to line plumb and level, and within recognized industry standards; allow for expansion and
building movement; provide uniform joint width in exposed Work; arrange joints in exposed
Work to obtain the best visual effect and refer questionable visual effect choices to the
Consultant for final decision when applicable to the Work.
Recheck measurements and dimensions of the Work, as an integral step in starting each
portion of the Work.
Install each unit or section of Work during favorable weather conditions, which shall ensure the
best possible results in coordination with the entire Project(s) and isolate each unit of Work from
incompatible Work as necessary to prevent potential interference among each section and/or
deterioration of equipment.
Coordinate enclosure of the Work, which requires inspections and tests so as to minimize the
necessity of uncovering Work for that purpose.
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When required by the Contract Documents or the manufacturer, a qualified representative
shall
be present ; to observe field -conditions, conditions of surface 'and installation, q ty
workmanship, and applications. Manufacturer's representative shall provide the Contractor and
the Project Manager or Consultant a written report of field observations.
39. Manufacturer's Warranty
Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied,
shall be made available to the City for material and equipment covered by this Contract
Documents; All material and equipment furnished shall be fully guaranteed by the Contractor
against factory defects and workmanship. At no expense to the City, the Contractor shall correct
any and all apparent and latent defects that may occur within the manufacturer's'` standard
warranty. The Contract Documents may supersede the manufacturer's standard warranty.
Manufacturer's warranties will become effective upon Final Acceptance of the Project(s).
40. Reference Standards
Reference to the standards of any technical society,organization or body shall be construed to
mean the latest standard adopted and published at the date of request for qualifications, even
though reference may have been made to an earlier standard. Such reference is hereby made a
part of the Contract Documents the same as -if herein repeated in full and in the event of any
conflict between any of these standards and those specified, the most stringent shall govern
unless otherwise stated.
41. Submittals
Contractor shall check and approve all shop drawing, samples, product data, schedule of
values, and any and all other submittals to make sure they comply with the Contract Documents
prior to submission to the Project Manager or Consultant.
Contractor by approving and sbmitting any submittals, represents that they have verified the
u
accuracy' of the submittals, and they have verified all of the submittal information and
documentation with the requirements of the Contract Documents. At time of submission the
Contractor. shall advise the Project Manager and Consultant in writing of any deviations from the
nts. Failure of the Contractor to
Contract :Documeadvise the Project. Manager or Consultant of
any deviations shall make the Contractor solely responsible for any costs incurred to correct,
add or modify any portion of the Work to comply with the Contract Documents.
Each shop drawing submittal shall contain a title block containing the following information:
® Number and title of drawing, including Contract title and Number
• ` Date of drawing and revisions
• Name of Contractor and Subcontractor (if any) submitting drawings
• Name of Project, Building or Facility
• Specification_ Section title and number
• Contractor's Stamp of approval, signed by the Contractor or his checker
• Space above the title block for Project Manager' or Consultant's action stamp
Submittal or re -submittal number (whether first, second, third, etc.)
• Date of submittal
Contractor shall sign, in the proper block, each sheet of shop drawing and data and each
sample label to certify compliance with the requirements of the Contract Documents. Shop
drawing submitted without the stamp and signature shall be rejected and it will be considered
that the Contractor has not complied with the requirements of the Contract Documents.
Contractor shall bear the risk of any delays that may occur as a result of such rejection.
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City shall not be liable for any materials, fabrication of products or Work commenced that
requires submittals until the Project Manager or Consultant has returned approved submittals to
the Contractor.
Project Manager or Consultant shall make every effort to review submittals within fourteen (14)
calendar days from the date of receipt by the Project Manager or Consultant. Project Manager
or Consultant's review shall only be for conformance with design concepts and the information
provided in the Contract Documents. The approval of a separate item shall not constitute
approval of an assembly in which the item functions. The Project Manager or Consultant shall
return the shop drawings to the Contractor for their use and distribution.
Acceptance of any submittal shall not relieve the 'Contractor of any responsibility for any
deviations from the requirements of the Contract. Documents unless the Contractor has given
written notice to the Project Manager or Consultant of the specific deviations and the Consultant
have issued written approval of such deviations.
By approving and submitting Shop Drawings, Product Data and Samples, the Contractor
represents that all materials, field measurements and field construction criteria related thereto
have been verified, checked and coordinated with the requirements of the Work and have been
verified, checked and coordinated with this Contract Documents.
Contractor shall be responsible for the distribution of all shop drawings, copies of product data
and samples, which bear the Project Manager's or Consultant's stamp of approval. Distribution
shall include, but not be Limited to; job site file, record documents file, Sub -contractor, suppliers,
and other affected parties or entities that require the information.
The Contractor shall also provide copies of all plans approved and permitted by the required
governing authorities.
The Contractor shall not be relieved of responsibility for errors or omissions in any and all
submittals by the Project Manager's or Consultant's acceptance thereof. The Contractor
warrants the adequacy for the purpose intended of any shop drawings or portion of a shop
drawing that alters, modifies or adds to the requirements of the Contract Documents.
Nothing in the Project Manager's or Consultant's review of Shop Drawings, Submittals and
Samples shall be construed as authorizing additional work or increased cost to the City.
Section 01340 contains additional requirements for submittals. Where a conflict exists between
the submittal requirements of the General Terms and Conditions and the Technical
Specifications, the Technical Specifications shall prevail.
42. Shop ®rewinds
Contractor shall submit Shop Drawings as required by the Contract Documents. The purpose of
the Shop Drawings is to show, in detail, the suitability, efficiency, technique of manufacture,
installation requirements, details of the item, and evidence of its compliance or noncompliance
with this Contract Documents.
Within five (5) calendar days after City's award of the Contract, Contractor shall submit to
Project Manager or Consultant a complete list and submittal log of items for which Shop
Drawings are to be submitted and shall identify the critical items and all submittal dates.
Approval of this list by Project Manager or Consultant shall in no way relieve the Contractor from
submitting complete Shop Drawings and providing materials, equipment, etc., fully in
accordance with the Contract Documents. This procedure is required in order to expedite final
approval of Shop Drawings,
After the approval of the list of items required in above, Contractor shall promptly request Shop
Drawings from the various manufacturers, fabricators, and suppliers.
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Contractor shall thoroughly review and check the Shop Drawings and each'and every copy shall
show its approval thereon.
Some shop drawings as either denoted in the Contract Documents or by the Florida Building
Code (Code) or Florida Statute such as structural drawings, require that they be prepared by a
licensed - engineer.It is the sole responsibility of the Contractor to ensure that the Shop
Drawings meet all Code requirements.
In addition to all shop drawings required by the Contract Documents the Contractor must
provided shop drawings for; all drainage structures including catch basins, drainage pipe, ballast
rock, and exfiltrabon`trench filter fabric.
If the Shop Drawings show'or indicate, departures from the Contract Documents, Contractor
shall make specific mention thereof -in its letter of transmittal Failure to point out such
departures shall not relieve Contractor "from its responsibility to comply with the Contract and
Documents. ;
Project Manager or Consultant shall review and accept or reject with comments, Shop Drawings
within fourteen (14) calendar days from the date received. ` Project Manager's or Consultant's
general and shall not relieve Contractor of responsibility for
approval of Shop Drawings will be
the accuracy of such Shop Drawings, nor for the proper fitting and construction of the Work, nor
for the furnishing of materials or Work required by the Contract Documents and not indicated on
the Shop Drawings. No Work called for by Shop Drawings shall be performed until said Shop
_.Drawings have been approved by Project Manager and/or Consultant. Approval shall not relieve
Contractor from responsibility for errors or omissions of any sort on the Shop Drawings.
No approval will be given to partial submittals of Shop Drawings for items which interconnect
and/or are interdependent where necessary to properly evaluate the design. it is Contractor's
responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent
items, check them and then make one submittal to Project Manager and/or Consultant along
with its comments as to compliance, noncompliance, or features requiring special attention.
If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop
Drawings, any additional information or changes on such drawings shall be typewritten or
lettered in ink.
The minimum size for shop drawings shall be 11" X 17 Each shop drawing shall be clear,
thoroughly detailed and shall have listed on it ail Contract Documents references, drawing
number(s),`specification section number(s) and the shop drawing numbers of related work.
Shop drawings must be complete in every detail; including location of the Work.` Materials,
gauges, methods of fastening and spacing of fastenings,` connections;with other work, cutting,
fitting, drilling and any and all other necessary information per standard trade practices or as
required for any specific purpose shall be shown.
Where professional calculations and/or certification of performance criteria of materials,
systems, and or equipment are required, the Project Manager and/or Consultant are entitled to
rely upon the accuracy and completeness of such calculations and certifications submitted by
quired, shall be submitted in a neat clear and easy format
the Contractor. Calculations, when re
to follow.
Contractor shall keep one set of Shop Drawings marked with Project Manager's and/or
Consultant's approval at the job site at all times.
43. Product Data
Contractor shall submit four (4) copies of product data, warranty information and operating and
maintenance manuals. Each copy must be marked to identify applicable products, models,
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options and other data. Contractor shall supplement manufacturer's standard data to provide
information unique to the Work.
Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify
pertinent products, with references to the specifications and the Contract Documents. Identify
reference standards, performance characteristics and capacities, wiring and piping diagrams
and controls, component parts, finishes, dimensions and required clearances.
Contractor shall submit a draft of all product data, warranty information and operating and
maintenance manuals at 50% completion of construction.
44. Samples
Contractor shall submit samples to illustrate the functional characteristics of the product(s).
Submittals shall be coordinated for different categories of interfacing Work. Contractor shall
include identification on each sample and provide full information.
45. Record Set
Contractor shall maintain in a safe place at the Project(s) site(s) one record copy and one permit
set of the Contract Documents, including, but not limited to, all Drawings, Specifications, shop
drawings, amendments, Change Orders, RFis, and Field Directives, as well as all written
interpretations and clarifications issued by the Project Manager or Consultant, in good order and
annotated to show all changes made during construction. The record documents shall be
continuously updated by Contractor throughout the prosecution of the Work to accurately reflect
all field changes that are made to adapt the Work to field conditions, changes resulting from
Change Orders, Construction Change Directives, and Field Directives as well as all written
interpretations and clarifications, and all concealed and buried installations of piping, conduit
and utility services. Contractor shall certify the accuracy of the updated record documents. As a
condition precedent to City's obligation to pay Contractor, the Contractor shall provide evidence,
satisfactory to the Project Manager and the Consultant, that Contractor is fulfilling its obligation
to continuously update the record documents. All buried items, outside the Project(s) site(s),
shall be accurately located on the record documents as to depth and in relationship to not less
than two (2) permanent features (e.g. interior or exterior wall faces). The record documents shall
be clean and all changes, corrections and dimensions shall be given in a neat and legible
manner in red. The record documents shall be available to the City and the Consultant for
reference. Upon completion of the Work and as a condition precedent to Contractor's
entitlement to final payment, the record documents shall be delivered to the Project Manager or
Consultant by the Contractor. The Record Set of Drawing shall be submitted in both hard copy
and as electronic plot files.
46. Supplemental Drawings and Instructions
The Project Manager or Consultant shall have the right. to approve and issue supplemental
instructions setting forth written orders, instructions, or interpretations concerning the Contract
Documents or its performance, provided such Supplemental Instructions involve no change in
the Contract Documents Price or this Contract Documents Time.
Project Manager or Consultant shall have the right to modify the details of the plans and
specifications, to supplement the plans and specifications with additional plans, drawings or
additional information as the Work proceeds, all of which shall be considered as part of the
Contract Documents. In case of disagreement between the written and graphic portions of the
Contract Documents, the written portion shall govern.
47. Contractor Furnished Drawinels
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A Contract Documentsmay require the Contractor to furnish design, shop and/or as -built
drawings depending on the nature and scope of the Work to be performed. The following
applies to the different types of drawings.
The Project Manager and/or Consultant shall,1 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.
& REVISE` AND RESUBMIT Significant changes or corrections are recommended.
Submittal must be revised and resubmitted for acceptance prior to Work proceeding.
4. ;REJECTED Not in accordance with the Contract and/or Contract Documents due to
excessive changes or corrections' or other justifiable reason. Drawings must be
corrected and resubmitted prior to any Work being performed.
Revisions required by the permitting jurisdiction must also be reviewed and accepted by the
Project Manager or Consultant prior to resubmission to the permitting agency.
Acceptance by the City shall not relieve the Contractor from responsibility for errors and
omissions. in the drawings.
48. Substitufths
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 City and Architect or Engineer of Record from anyone other than Contractor.
If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall
make application to the Consultant for acceptance thereof, certifying that the proposed
substitute shall perform adequately the functions and achieve the results called for by the
general design, be similar and of equal substance to that specified and be suited to the same
use as that specified. The application shall state that the evaluation and acceptance of the
proposed substitute will not prejudice Contractor's achievement of Substantial Completion on
time, whether or not acceptance of the substitutefor use in the Work will require a change in
any of the Contract Documents to adapt the design to the proposed substitute and whether or
not incorporation or use by the substitute in connection with the Work is subject to, payment of
any license fee or royalty. All variations of the proposed substitute from that specified will be
identified in the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will result
directly or indirectly from acceptance of such substitute, including costs for redesign and claims
of other contractors affected by the 'resulting change, all of which shall be considered by the
Consultant in evaluating the proposed substitute. The Consultant may require the Contractor to
furnish at Contractor's expense additional data about the proposed substitute.
If a specific means, method, technique, sequence or procedure of construction is indicated in or
required by Contract Documents, Contractor may furnish or utilize a substitute means, method,
technique, sequence or procedure of construction acceptable to the Consultant, if the
Contractor submits sufficient information to allow the Architect or Engineer of Record to
determine that the substitute proposed is equivalent to that indicated or required by the Contract
Documents. The procedures for submission to and review by the Consultant shall be the same
as those provided herein for substitute materials and equipment.
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The Consultant shall be allowed a reasonable time within which to evaluate each proposed
substitute. The Consultant and the City shall be the sole judges of the acceptability of any
substitute. No substitute shall be ordered, installed or utilized without the City's and the
Consultant's prior written acceptance which shall be evidenced by either a Change Order or an
approved submittal. The City and the Consultant may require the Contractor to furnish at
Contractor's expense a special performance guarantee or other surety with respect to any
substitute. If the Consultant rejects the proposed substitute, at their discretion, the City may
require the Contractor to reimburse the City for the charges of the Consultant for evaluating the
proposed substitute.
Contractor shall maintain sole liability and responsibility for ensuring that all substitutions and
any required design of such are in full compliance with and meet all the requirements of the
Contract Documents.
490 Citv Furnished Drawings
The City, at its sole discretion, may furnish design drawings. It shall be the sole responsibility of
the Contractor to bring to the immediate attention of the Project Manager and the Consultant
any discrepancies between the drawings and existing conditions, excluding hidden or
unforeseen conditions, discovered prior to commencing and during the Work. The Contractor
shall be solely responsible for verifying the accuracy of the drawings prior to commencing the
Work, and shall be responsible for any errors or revisions of the Work, which might have been
avoided by notifying the City prior to commencement. This shall also apply to any revisions or
omissions identified by the Contractor. The Contractor shall submit all requests for information
entitled Request for Information (RFI). The City shall respond to all RFI's in writing.
The Contractor shall have no basis for any claim for additional costs resulting from their failure
to identify any required revisions, omissions and/or errors, not identified in writing to the Project
Manager or Consultant prior to commencing the Work.
The drawings are to be addressed as a complete set and should not be used in parts.
Contractor is responsible to coordinate the set of drawings with all trades to ensure that the
Work will be performed correctly and coordinated among the trades. Contractor shall not scale
the drawings.
50. Interpretation of Drawings and Documents
Drawings and specifications are intended to be consistent, be mutually explanatory, and should
be used together and not separately. During the performance of the Project(s), should any
errors, omissions, conflicts, ambiguities or discrepancies be found in the drawings and/or
specifications, the Project Manager or the Consultant will clarify in writing the intent of the
drawings and/or specifications and the Contractor agrees to abide by the Project Manager's or
Consultants interpretation and perform the Work in accordance with the decision of the Project
Manager or the Consultant. In such event, the. Contractor will be held to have included in its
Contract Price the nest materials suitable for the purpose and/or methods of construction.
51. Product and Material Testinq
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
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The Project Manager or Consultant may at times issue field directives to the Contractor based
on visits to the Project(s) Site(s). Such Field Directives shall be issued in writing and the
Contractor shall be required to comply with the directive. Where the Contractor believes that
the. directive is outside the scope of the Work, the Contractor shall, within 48 hours, notify the
Project Manager or Consultant that the work is outside the scope of the Work. At that time the
Field Directive may be rescinded or the Contractor may be required to submit a request for a
change to the Contract. Where the Contractor is notified of the City's position that the Work is
within the scope and the Contractor disagrees, the Contractor shall notify' the Project Manager
or Consultant that the Contractor reserves the right to make a claim for the time and monies
based on the Field Directive. At no time shall the Contractor refuse to comply with the directive.
Failure to comply with the directive may resulf 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 satisfactoy manner. Any extra or additional Work within the scope of the Project(s) must
be accomplished by means of appropriate' Field Orders and Supplemental Instructions or
Change Orders,
Any changes to the terms of the Contract Documents must be contained in a written document,
executed by the parties hereto. This section shall not prohibit the issuance of Change Orders
executed only by City.
54. Continuing the Work
Contractor shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with City, including disputes or disagreements concerning a request for a
Change Order, a request for a change in the Contract price or Contract time for completion.
The Work shall not be delayed or postponed pending resolution of any disputes or
disagreements.
55. Change Orders
Changes in the quantity or character of the Work within the scope of the Project(s) which are not
properly the subject of Field Orders or Supplemental Instructions,' including all changes resulting
in changes in the Contract Price, or the Contract Time, :shall be authorizedonly 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 a.s may be deemed necessary to complete the disputed work; or
submit the matter in dispute' to the Director as set forth in Article 88, Resolution of Disputes.
During the pendency of the dispute, and upon receipt of a Change Order approved by City,
Contractor shall promptly proce2ed with the change in the Work involved and advise the Project
Manager, Consultant, ; and Director in writing within seven (7) calendar days of Contractor's
agreement or disagreement with the method, if any, provided in the Change Order for
determining the proposed adjustment in the Contract Price or Contract Time.
On approval of any Contract change increasing the Contract Price, Contractor shall ensure that
the performance bond and payment bond (if applicable) are increased so that each reflects the
total Contract Price as increased.
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Under circumstances determined necessary by City, Change Orders may be issued unilaterally
by City.
The City reserves the right to order changes which may result in additions to or reductions from
the amount, type or value of the Work shown in the Contract and which are within the general
scope of the Contract Documents. Any such changes will be known as Extra Work.
No Extra Work shall be performed except pursuant to written orders of the Project Manager or
Consultant expressly and unmistakably indicating his/her intention to treat the Work described
therein as Extra Work. In the absence of such an order, the Project Manager or Consultant may
direct, order or require the Contractor to perform any Work including that which the Contractor
deems to be Extra Work. The Contractor shall nevertheless comply and shall promptly and in
no event after, begin the performance thereof or incur cost attributable.thereto. and give written
notice to the Project Manager stating why he deems such Work (hereinafter "Disputed Work") to
be Extra Work. Said notice is for the purposes of (1) affording an opportunity to the Project
Manager to cancel such order, direction or requirements promptly; (2) affording an opportunity
to the Project Manager to keep an accurate record of materials, labor and other items involved;
and (3) affording an opportunity to the City to take such action as it may deem advisable in light
of such disputed Work.
56. Chanqe Order Procedure
Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract
representing the reasonable cost or the reasonable financial savings related to the change in
Work. Extra Work may also result in an equitable adjustment in the Contract schedule for
performance for both the Extra Work and any other Work affected by the Extra Work.
The City shall initiate the Extra Work procedure by a notice to Contractor outlining the proposed
Extra Work. Upon receipt of the notice to proceed with the Extra Work, the Contractor is
required to immediately start the Extra Work. The Contractor is required to obtain permission for
an extension to start the Extra Work if it is beyond the Contractor's ability to start within the
allotted timeframe.
The Contractor is required to provide the Project Manager with a detailed Change Proposal
Request which shall include requested revisions to the Contract, including but not limited to
adjustments in this Contract Price and Contract Time. The Contractor is required to provide
sufficient data in support of the cost proposal demonstrating its reasonableness. In furtherance
of this obligation, the City may require that the Contractor submit any or all of the following: a
cost breakdown of material costs, labor costs, labor rates by trade, and Work classification and
overhead rates in support of Contractor's Change Proposal Request. The Contractor's Change
Proposal Request must include any schedule revisions and an explanation of the cost and
schedule impact of the Extra Work on the Project(s). If the Contractor fails to notify the Project
Manager or Consultant of the schedule changes associated with the Extra Work, it will be
deemed to be an acknowledgment by Contractor that the proposed Extra Work will not have any
scheduling consequences. The Contractor agrees the Change Proposal Request will in no
event include a combined profit and overhead rate in excess of ten (10%) percent of the direct
labor and material costs, unless the Project Manager determines that the complexity and risk of
the Extra Work is such that an additional factor is appropriate. The Change Proposal Request
may be accepted or modified by negotiations between the Contractor and -the City. If an
agreement on the Extra Work is reached, both parties shall execute the Extra Work order in
writing via a Change Order. The execution by the Contractor of the Change Order shall serve
as 'a release of the City from all claims and Liability to the Contractor relating to, or in connection
with, the Extra Work, including any impact, and any prior acts, neglect or default of the City
relating to the Extra Work.
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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 ]t 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 unitprices to the quantities of items involved. ,
By mutual acceptance of a Contract unit price which Contractor and Project Manager
acknowledge contains a component for overhead and profit.
• On the basis of the cost of Work," determined as provided in this, plus a
Contractor's fee for overhead and profit which is determined as provided in this
Article.
• The term "cost of Work" means the sum of all direct costs necessarily incurred and
paid by; Contractor in the proper performance of the Work described in the Change
Order. Except as otherwise may be agreed to in writing by the Project Manager,
such costs shall be in amounts no higher than those prevailing in the locality of the
Project, shall include only the following items and shall not include any of the costs
itemized in herein.
Payroll costs for employees in the direct employ of Contractor in the performance of the Work
described in the Change Proposal Request under schedules of job classifications agreed upon
by Project Manager and Contractor. Payroll costs for employees not employed full time on the
Work covered by the Change Proposal Request shall be apportioned on the basis of their time
spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus
the cost of fringe benefits which shall include social security contributions, unemployment,
excise and. pa I yrolltaxes, workers' or workmen's compensation, health and retirement benefits,
bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall
include superintendents and fore 'men at the site. The expenses of performing the. Work after
m
regular working hours, on Sunday or legal holidays shall be included in the above to he 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.
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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 followings
• The proportion of necessary transportation, travel and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work
except for local travel to and from the site of the Work.
• Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office and temporary facilities at the site and hand tools not
owned by the workmen, which are consumed in the performance of the Work, and
less market value of such items used but not consumed which remains the property
of Contractor.
• Sales, use, or similar taxes related to the Work, and for which Contractor is liable,
imposed by any governmental authority.
• Deposits lost for causes other than Contractor's negligence; royalty payments and
fees for permits and Licenses.
• The cost of utilities, fuel and sanitary facilities at the site.
• Receipted minor expenses such as telegrams, long distance telephone calls,
telephone service at the site, expressage and similar petty cash items in connection
with the Work.
• Cost of premiums for additional bonds and insurance required because of changes in
the Work..
The term "cost of the Work" shall not include any of the following:
■ Payroll costs and other compensation of Contractor's officers, executives, principals
(of partnership and sole proprietorships), general managers, consultants, architects,
estimators, lawyers, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks and other personnel employed by Contractor
whether at the site or. in its principal or a branch office for general administration of
the Work and, not specifically included in the agreed-upon schedule of job
classifications., all of which are to be considered administrative costs covered by
Contractor's fee.
■ Expenses of Contractor's principal and branch offices other than Contractor's office
at the site.
■ Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
■ Cost of premiums for all Bonds and for all insurance whether or not Contractor is
required by the Contract Documents -to purchase and maintain the same, except for
additional bonds and insurance required because of changes in the Work.
■ Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone
directly or indirectly employed by anyof'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.
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NW 18th Place Load Improvements — D3 ITB No.: 12-13-064
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 al►owed 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 rar►ous portions of the cost of the
Work:
■ Where the Contractor self -performs the Work, Contractor's fee shall not exceed ten
percent (10%).
Where a sub -contractor performs the Work, Contractor's fee shall not exceed seven
and one half percent (7,5%); and if a subcontract is on the basis of cost of the Work
plus a fee, the maximum allowable to theSubcontractor 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 hot performed.
Whenever the cost of any Work is to be determined pursuant, to this Article, Contractor will
submit in a'form acceptable to Project Manager ;or Consultant an itemized cost breakdown
together with the supporting data.
Whenever a''change in the Work is to be based on mutual acceptance of a lump sum, whether
the amount is an addition, credit or no change -in -cost, Contractor shall submit an initial cost
estimate acceptable to the Project Manager or Consultant.
■ Breakdown shall list the quantities and unit prices for materials, labor, equipment and
other items of cost.
■ Whenever a change involves Contractor and one or`more Subcontractors and the
change is an increase in the Contract Price, overhead and profit percentage for
Contractor and each Subcontractor shall be itemized separately.
Each Change Order must state within the body of the Change Proposal Request
whether it is based upon unit price; negotiated lump sum, or "cost of the Work."
3
59. Extra Work Directive
If the parties fail to reach agreemeot`,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 V1lork. Irnrnediately 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
Article88, Resolution of Disputes, by furnishing a written statement to the Project Manager
within five (5) days of the Extra Work Directive, based upon any aspect, of such Extra Work
which the Contractor disputes. Such dispute must relate to specific matters raised or specific
matters reserved by the Contractor in its proposal and have not been resolved prior to the
issuance ;of the Extra Work Directive. The written statement must set forth all details of the
Contractor's .claim including the manner that the disputed item was specified in the Contractor's
proposal During the ,pendency of any dispute hereunder, the .Contractor must proceed with
Work as set forth. in the Extra Work Directive unless otherwise advised by the Project Manager's
written ►nstructlons. 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.
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NW 18th Place Road ,Improvements —b3
Compensation for Extra Work in the event of the parties' inability to agree upon a mutually
satisfactory price shall be as follows:
■ No payment will be made to the Contractor for Extra Work in excess of "Actual and
Necessary Cost which is to say time and materials plus a mark-up not to exceed 10%.
This will not vary, whether the Extra Work is performed by the Contractor or his
subcontractor. Any exceptions must be approved by the Project Manager.
"Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost of
the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the
Contractor as employer pursuant to bona fide collective bargaining labor agreements applicable
to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes
pursuant to Federal Social Security Act; (iv) any increases. in _public liability and property
damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v)
the actual and necessary operating expenses (except the expense of supplies and small tools
not operated by mechanical or electrical power), power for such plant and a reasonable rental
for the same (including small power tools), as determined by the Project Manager; and (vi) any
additional materials necessary for the performance of the Extra Work.
In case any Work or materials shall be required to be done or furnished under the provisions of
this Article, the Contractor shall at the end of each day furnish to the City such documentation
as the City may require to support all the costs of the Extra Work. If payments on account are
desired as the Extra Work progresses, the Contractor shall render an itemized statement
showing the total amount expended for each class of labor and for each kind of material on
account of each item of Work as a condition precedent to the inclusion of such payment in a
partial estimate. Upon the request of the City, the Contractor shall produce for audit by the City,
books, vouchers, collective bargaining labor agreements, records or other documents showing
the actual cost for labor and materials. Such documents shall not be binding on the City. The
Project Manager shall determine any questions or dispute as to the correct cost of such labor or
materials or plant.
In case the Contractor is ordered to perform Work under this Article, which in the opinion of the
Project Manager, it is impracticable to have performed by the Contractor's own employees, the
Contractor will, subject to the approval of the Project Manager, be paid the actual cost to
Contractor of such Work, and in addition thereto five (5%) percent to cover the Contractor's
superintendence, administration and other overhead expenses.
Payment of any amount under this Article shall be subject to subsequent audit and approval,
disapproval, modification or revision by representatives of the City.
60. As -wilt Drawings
During the Work, Contractor shall maintain records of all deviations from the Drawings and
Specifications as approved by the Project Manager or Consultant and prepare two copies of As -
Built Record Drawings showing correctly and accurately all changes and deviations made
during construction to reflect the Work as it was actually constructed. it is the responsibility of
the Contractor to check the As -Built Drawings for errors and omissions prior to submittal to the
City and certify in writing that the As -Built Drawings are correct and accurate, including the
actual location of all internal piping, electrical/signal conduits in or below the concrete floor.
Indicate the size, depth and voltage in each conduit.
Legibly mark to record actual construction: On-site structures and site Work as follows;
• Depths of various elements of foundation in relation to finish first floor datum.
• All underground piping and ductwork with elevations and dimensions and locations of
valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of
underground utilities and appurtenances, referenced to permanent surface
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NW 18th Place Road Improvements ® D3 ITB No.: 12-13-064
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 indimensions and details.
• Changes made by Project Manager's or Consultant's written instructions or by
Change Order.
• Details not'on original Contract Drawings.
• Equipment, conduit, electrical panel locations.
• Project Manager's or Consultant's schedule changes according to Contractor's
records and shop drawings.
Specifications and Addenda: Legibly mark each section to record:
■ Manufacturer, trade name, catalog number and Supplier of each product and item of
equipment actually installed.
■ Changes made by Project Manager's or Consultant's written instructions or by
Change Order.
Approved Shop Drawings: Provide record copies for each process equipment, `piping,electrical
system and instrumentation system.
As -built documents shall be updated monthly as a, condition precedent to, payment.
For construction of new building; or .building additions, field improvements, and or roadway
improverents as -built drawings signed 'and sealed by a Florida licensed Registered Land
Surveyor.
In addition, for projects which involve roadwork and drainage, Contractor shall provide complete
as -built information relative to location, size, and depth of new pipes, manholes, inlets, etc.
Identify grading; include locations of fittings, valves, fire hydrants, changing in pipe materials,
water sampling points, thrust blocks; benchmarks_, etc. The information shall be accurately
recorded by the Contractor and submitted (signed and sealed by a Florida Certified P.L.S.) to
the City of Miami prior final acceptance of the Work. All recorded information on existing utility
crossing encountered during construction, included but not limited to pipes,' inlets, manholes,
etc., shall be recorded by a Florida Registered Surveyor and shown on the record drawings.
The Project's as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all new
and/or existing vacuum cleaned drainage system openings (i.e. catch basins, inlets, manholes,
etc.)
61. Worker's Identification
The Contractor's' employees, who include any Subcontractor, shall wear an identification card
provided by the Contractor. The identification card shall bear the employee's "picture, name, title
and name of the employer. Failure by a Contractor's employee to wear such' identification may
result in his removal from the Work' until such time as the identification card is obtained and
worn. Such removal shall not act as a 'basis` for the Contractor to submit a claim for an
extension of time:
62. Removal of Unsatisfactory Personnel
The City may make written request to the Contractor for the prompt removal and replacement of
any personnel employed or retained by the Contractor,' or any or Sub -Contractor engaged by
the Contractor to provide and perform services or Work pursuant to the requirements of the
Contract Documents. The Contractor shall respond to the City within seven (7) calendar days of
receipt of such request with either the removal and replacement of such personnel or written
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NW 18th Place Road Improvements — D3 ITB No.: 12-13-064
justification as to why that may not occur. The City shall make the final determination as to the
removal of unsatisfactory personnel from Work assigned by City. The Contractor agrees that the
removal of any of its employees does not require the termination or demotion of employee(s).
63. Substantial Completion, Punch List & Final Comiletion
The Work shall be substantially complete when the Project Manager, in the reasonable
exercise of his/her discretion determines that the Work is complete and there are no material
and/or substantial variations from the Contract Documents and the Work is fit for its intended
purpose. Upon Substantial Completion, the Project Manager and the Contractor shall sign the
Substantial Completion Inspection Form. The signing of this form shall not relieve the Contractor
from its obligation to complete the Project.
When the Contractor believes that the Work is substantially complete, the Contractor shall
request in writing that the Project Manager or Consultant inspect the Work to determine if
Substantial Completion has been achieved. No request for Substantial Completion inspection is
to be submitted until the Contractor has obtained a Certificate(s) of Occupancy, Certificate of
Completion or Completion or a Temporary Certificate of occupancy or any other approvals from
agencies having jurisdiction over the Work. The Project Manager or Consultant shall schedule
the date and time for any inspection and notify the Contractor and any other parties deemed
necessary. During this inspection, the Project Substantial Completion Inspection Form will be
completed as necessary. Any remaining Construction Work shall be identified on this form and
shall be known as Punch List Work. The Punch List shall be signed by the Project Manager
and/or Consultant, and the Contractor confirming that the Punch List contains the item(s)
necessary to complete the Work. The failure or refusal of the Contractor to sign the Project
Substantial Completion Inspection Form or Punch List shall not relieve the Contractor from
complying with the findings of the Project Substantial Completion Inspection and completing the
Project to the satisfaction of the City
Where the Punch List is limited to minor omissions and defects, the Project Manager shall
indicate that the Work is substantially complete subject to completion of the Punch List. Where
the Project Manager or Consultant determines, on the appropriate form that the Work is not
substantially complete, the Project Manager or Consultant shall provide a list of all open items
necessary to achieve Substantial Completion. Upon completion of such Work, the Contractor
shall request another Substantial Completion inspection.
The Project Manager or Consultant, and the Contractor shall agree on the time reasonably
required to complete all remaining Work included in the Punch List.
Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final
payment, the Project Manager or Consultant shall notify the Contractor in writing of the closeout
of the Project.
The City will prepare a Certificate of Substantial Completion in the form which shall establish the
Date of Substantial Completions once substantial completion is achieved the City shall be
responsible for security, maintenance, heat, utilities, damage to the Project site, and insurance;
and shall list all Work yet to be completed to satisfy the requirements of the Contract
Documents for Final Completion. The failure to include any items of corrective Work on such list
does not alter the responsibility of Contractor to complete all of the Work in accordance with the
Contract Documents. Warranties required by the Contract Documents shall commence on the
date of Final Acceptance completion of the Work or designated portion thereof unless otherwise
provided in the Contract Documents.
64. Acceptance and Final Payment
Upon receipt of written notice from Contractor that the Work is ready for final inspection and
acceptance, Project Manager and/or Consultant shall, within ten (10) calendar days, make an
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NW 184h Place Road improvements — B3 ITB No.: 12-13-064
inspection thereof. If Project Manager and/or Consultant find the Work acceptable, the requisite
"documents have been submitted and the requirements of the Contract Documents fully
satisfied, and all conditions of the permits and regulatory agencies have been met, a Final
Certificate for Payment shall be issued by Project Manager, stating that the requirements of the
Contract Documents have been performed and the Work is ready for acceptance under the
terms and conditions thereof.
Before issuance of the Final Certificate for Payment, Contractor shall deliver to the Project
Mger or Consultant a final release of all liens arising out of the Contract Docum
anaents, receipts
11,
in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid
in full and that all other indebtedness connected with the Work has been paid, and a consent of
the surety to final payment; the 'final corrected as -built drawings; operations and maintenance
data, and the final bill of materials, if required, and payment application. Contractor shall deliver
the written Contractor's and all Manufacturer's warranties prior to issuance of the Final
Certificate for Payment.
If, after the Work has been substantially completed, full completion thereof is materially delayed
through no fault of Contractor, and Project Manager or Consultant so certifies, City shall, upon
such certification of Consultant, and without terminating the Contract Documents, make
payment of the balance due for that portion of the Work fully completed and accepted. Such
payment shall be made under the terms and conditions governing final payment, except that it
shall not constitute a waiver of tlairris.
The acceptance of final payment shall constitute awaiver of all claims ,by Contractor, except
those previously made in strict accordance with the provisions of the Contract and identified by
Contractor as unsettled at the time of the application for final payment.
65. NDPES Requirements
Contractor shall. comply with the State of Florida rules and regulations for the National Pollutant
Discharge 'Elimination System (NPDES) including but not limited to all permitting, Notices of
Intent, and the Storm Water Pollution Prevention.Plan (SWPPP). All costs for NPDES and
SWPPP shall be included in the Bid prices. for further information on compliance requirements
for NPDES and SWPPP; contact the City of Miami Public Works;Department t (3wa rfnpd 00
or visit the State of Florida website at http'//www deg state fl us/water/sto required
rNPIJE/.
Contractor' is responsible for obtaining, completing and paying for any required NPDES
application or permits that maybe 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 Iextension from the City within two
(2) working days of said force majeure occurrence. Any time extension shall be subject to
mutual agreement and shall not be cause for any claim by the Contractor for extra
compensation unless additional services are required. Do Not Include inclement weather
except as permitted by Florida law and may not include the acts or omissions of Sub-
contractors.
67. Extension of Tune
Any reference in this section to the Contractor shall be deemed to include suppliers, and
permitted Sub -Contractors, whether or not in privities of contract with the Contractor for the
purpose of this article.
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If the Contractor is delayed at any time during the progress of the Work beyond the Contract
Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by a Force Majeure,
then the Contract Time set forth in the Contract shall be extended by the City subject to the
following conditions:
• The cause of the delay arises after issuance of the NTP and could not have been
anticipated by the Contractor by reasonable investigation before proceeding with the
Work;
• The Contractor demonstrates that the completion of the Work will be actually and
necessarily delayed;
• The effect of such cause cannot be avoided or mitigated by the exercise of all
reasonable precautions, efforts and measures whether before or after the occurrence
of the cause of delay.
Note: A delay meeting all the conditions of the above, shall be deemed an Excusable
Delay.
The City reserves the right to rescind or shorten any extension previously granted if
subsequently, the Project Manager determines that any information provided by the Contractor
in support of a request for an extension of time was erroneous; provided however, that such
information or facts, if known, would have resulted in a denial of the request for an Excusable
Delay. Notwithstanding the above, the Project Manager will not rescind or shorten any
extension previously granted if the Contractor acted in reliance upon the granting of such
extension and such extension was based on information which, although later found to have
been erroneous, was submitted in good faith by the Contractor.
The request for an Excusable Delay shall be made within ten (10) calendar days after the time
when the Contractor knows or should have known of any cause for which it may claim an
extension of time and shall provide any actual or potential basis for an extension of time,
Identifying such causes and describing, as fully as practicable at that time, the nature and
expected duration of the delay and its effect on the completion of that part of the Work identified
in the request. The Project Manager may require the Contractor to furnish such additional
information or documentation, as the Project Manager shall reasonably deem necessary or
helpful in considering the requested extension.
The Contractor shall not be entitled to an extension of time unless the Contractor affirmatively
demonstrates that it is entitled to such extension.
The Project Manager shall endeavor to review and respond to the Contractor's request for
Excusable Delays in a reasonable period of time; however, the Contractor shall be obligated to
continue to perform the Work required regardless of whether the Project Manager has issued a
decision or whether the Contractor agrees or disagrees with that decision.
With regard to an injunction, strike or interference of public origin which may delay the Project,
the Contractor shall promptly give the Project Manager a copy of the injunction or other orders
and copies of the papers upon which the same shall have been granted. The City shall be
afforded the right to intervene and become a party to any suit or proceeding in which any such
injunction shall be obtained and move to dissolve the same or otherwise, as the City may deem
proper.
The permitting of the Contractor to proceed with the Work subsequent to the date specified in
the Contract (as such date may have been extended by a change order), the making of any
payment to the Contractor, the issuance of any Change Order, shall not waiver the City's rights
under the Contract, including but not limited to the assessment of liquidated damages or
declaring Contractor in default.
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NW 18th Place Road Improvements — D3 ITB No.: 12-13-064
68. Notification'& Claim
Any claim for a change in the Contract Time or Contract Price shall be made by written notice
by Contractor to the Project Manager and to Consultant within ten (10) business days of the
commencement of the event giving rise to the claim and stating the general nature and cause of
the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving
'rise to the claim, written notice of the extent of the claim with supporting information and
documentation shall be provided unless the Project Manager or Consultant allows an additional
period 'of time. to ascertain more accurate data in support of the claim and such notice shall be
accompanied by Contractor's' written notarized statement that the adjustment; claimed is the
entire adjustment to which the Contractor has. reason to believe it is entitled as a result of the
occurrence of said event. z All claims for changes in the Contract Time or Contract Price shall be
determined by the Project Manager or Consultant in accordance with Article 70, No Damages
for Delay, if City and Contractor cannot otherwise agree. It is expressly and specifically agreed
that any, and; all claims for changes to the Contract time'or Contract price shall be waived if not
submitted in strict accordance with the requirements of this Article.
The Contract time will be extended in an amount equal to time lost on critical Work items due to
delays beyond the control of and through no fault or, negligence of Contractor if a claim is made
therefore as`provided in this Article. Such delaysshall include., but not be limited to, acts or
neglect by any separate contractor employed by City, fires, floods, labor disputes, epidemics,
abnormal` weather conditions or acts of God.
69. _Extension of Time not Cumulative
In case the Contractor shall be delayed for any period of time by two or more of the causes
mentioned in Article 71, Excusable Delays,' Non -Compensable, the Contractor shall not be
entitled to a separate extension for each one of the causes; only one (1) period of extension
shall be granted for the delay.
70. No Damages for Delay
No claim for damages or any claim, other than for an extension of time, shall be made or
asserted against City by reason of any delays except as provided herein. Contractor shall not
be entitled to an increase in the Contract price or payment or compensation of any kind from
City for direct, indirect, consequential, impact or other costs, expenses or damages, including
but not limited to costs of acceleration or inefficiency, arising' because of `delay, disruption,
interference or hindrance from any cause whatsoever, whether such delay, disruption,
interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or
avoidable or unavoidable; provided, however, that'this provision shall not preclude recovery of
damages by Contractor for actual delays due solely to fraud, bad faith or active interference on
the part of City or its Consultant. Otherwise, Contractor shall be entitled only to extensions of
the Contract Time for completion of the Work as the sole and exclusive remedy for such
resulting delay, in accordance with and to the extent specifically provided above. NO
EXCEPTIONS,
Except as may be otherwise specifically provided for in the Contract Documents, the Contractor
agrees to make no claim for damages for delay of any kind in the performance of the Contract
Documents whether occasioned by any act or omission of the City or any of its representatives
(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
by specifically assumes the risk of such delays, including
this regard, the Contractor alone here
without limitation, delays in processing or approving.shop drawings, samples or other submittals
or the failure to render determinations, approvals, replies, in 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.
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71. Excusable Delav, Non -Compensable
Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its
subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control
of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its
subcontractors, suppliers or vendors and by the City or Consultant. Then Contractor shall be
entitled only to a time extension and no compensation for the delay.
Contractor is entitled to a time extension of the Contract time for each day the Work is delayed
due to Excusable Delay. Contractor shall document its claim for any time extension as provided
in Article 68, Notification of Claim, hereof.
Failure of Contractor to comply with Article 68, Notification of Claim hereof as to any particular
event of delay shall be deemed conclusively to constitute a waiver, abandonment or
relinquishment of any and all claims resulting from that particular event of delay.
72, Lines and Grades
The Contractor shall, at its own expense, establish all working and construction lines and
grades as required from the Project control points set by the City, and shall be solely
responsible for the accuracy thereof.
All work along the entire project shall be located and constructed using the roadway base/center
line as reference. All elevations shown therein are in feet.
73. Defective Work
Project Manager or Consultant shall have the authority to reject or disapprove Work which
Project Manager or Consultant finds to be defective. If required by Project Manager or
Consultant, Contractor shall promptly either correct all defective Work or remove such defective
Work and replace it with non -defective Work. Contractor shall bear all direct, indirect and
consequential costs of such removal or corrections including cost of testing laboratories and
personnel
Should Contractor fail or refuse to remove or correct any defective Work or to make any
necessary repairs in accordance with the requirements of the Contract Documents within the
time indicated in writing by Project Manager or Consultant, City shall have the authority to cause
the defective Work to be removed or corrected, or make such repairs as may be necessary at
Contractor's expense. Any expense incurred by City in making such removals, corrections or
repairs, shall be paid for out of any monies due or which may become due to Contractor, or may
be charged against the. Performance Bond,. In the event of failure of Contractor to make all
necessary repairs promptly and fully, City may declare Contractor in default.
If, within one (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
noticefrom City, shall promptly correct such defective or nonconforming Work within the time
specified by City without cost to City, to do so. Nothing contained herein shall be construed to
establish a period of limitation with respect to any other obligation which Contractor might have
under the Contract Documents including but not limited to any claim regarding latent defects.
Failure to reject any defective Work or material shall not in any way prevent later rejection when
such defect is discovered, or obligate City to final acceptance.
74. Acceptance of Defective or Non -Conforming Work
The City, in its sole discretion, may elect in writing to accept defective or non -conforming Work
instead of requiring its removal and correction. In such instances, a Change Order will be
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NW 18'" Place Road Improvements — D3 ITB No.. 12-13-064
issued to reflect an appropriate reduction in the Contract sum, or,. if the amount is determined
after final payment, any difference in the amount shall be paid to the City by the Contractor.
75. Uncovering Finished Work
The Project Manager's, Inspector's and/or Consultant's right to make inspections shall include
the right to order the Contractor, to uncover or take down portions of finished Work. The Project
Manager /or Consultant shall notify the Contractor in writing concerning all uncovered finished
Work. Should the Work' prove to be in accordance with the Contract Documents, the
Uncovering or taking down and the replacing and the restoration of the parts removed will be
treated as Extra Work for the purpose of computing additional compensation and an extension
of time. Should the Work examined ,prove unsatisfactory,
Contractor. Such expensessuch uncovering, 'shalng lll also
replacing and restoration shall be at the expense
include repayment to the, City for any and all expenses or costs incurred by it, including
employee salaries or related cost, in connection with such uncovering, taking down, replacing
and restoration at the Project site.
76. Correction .of Work
The Contractor shall promptly correct all Work rejected by the Project Manager or Consultant as
defective oras failing to conform to the Contract Doinstalled oncer observed completed. Theore or after
Contractor
Substantial Completion and whether or not fabricated,
shall bear all cost of correcting such rejected Work, including the cost of the City's 'additional
services thereby made necessary.
The, Contractor further agrees that after being notified in writing by the Project Manager or
Consultant of any Work not in accordance with the requirements of the Contract Documents or
any defects in theWork, the Contractor will commence and prosecute with due diligence all
Work necessary to fulfill the terms of the Contract and to complete the Work within a reasonable
period of time, as determined by the Project Manager or Consultant, and in the event of failure
to so comply, the Contractor does hereby authorize`the City to proceed to have such Work done
at the Contractor's expense and that the Contractor will pay the cost thereof upon demand. The
City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon
the Contractor's refusalto 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 Imay 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
Scoge 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
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NW 18th Place Road Improvements — D3
As used herein, any reference to Miami -Dade County, its departments, or its published
regulations, permits and data, shall be synonymous and interchangeable with other
recognized governing bodies over particular areas or streets, or their departments,
published regulations (i.e., Manual of Uniform Traffic Control Devices (MUTCD), FDOT
Roadway and Bridge Standard Index Drawing Book), permits or data. The Contractor
shall abide by all applicable laws, regulations, and codes thereof pertaining to
Maintenance of Traffic (MOT) on public streets, detour of traffic, traffic control and other
provisions as may be required for this Project.
Maintenance of Traffic (MOT)
• The Contractor shall be fully responsible for the MOT on public streets, detour of traffic
(including furnishing and maintaining regulatory and informative signs along the detour
route), traffic control, and other provisions, throughout the Project, as required by the
Manual of Uniform Traffic Control Devices (MUTCD), and FDOT Roadway and Bridge
Standard Index drawing Book. Traffic shall be maintained according to corresponding
typical traffic control details as outlined in the previous noted standards. No street shall
be completely blocked, nor blocked more than one-half at any time, keeping the other
one-half open for traffic, without specific approval.
If required by the Project Manager or Consultant, Traffic Division or FDOT or as
otherwise authorized by the Project Manager or Consultant, the Contractor shall make
arrangements for the employment of uniformed off-duty policemen to maintain and
regulate the flow of traffic through the work area. The number of men required and the
number of hours on duty necessary for the maintenance and regulation of traffic flow
shall be provided by the City of Miami Police Department.
• The Contractor shall provide all barricades with warning lights, necessary arrow boards
and signs, to warn motorists of the Work throughout the Project. Adequate approved
devices shall be erected and maintained by the Contractor to detour traffic.
® Excavated or other material stored adjacent to or partially upon a roadway pavement
shall be adequately marked for traffic safety at all times. The Contractor shall provide
necessary access to all adjacent property during construction.
The Contractor shall be responsible for the provision, installation and maintenance of all
MOT and safety devices, in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD) and FDOT Roadway and Bridge Standards index drawing book. In
addition, the Contractor shall be responsible for providing the Consultant with MOT plans
for lane closures and/or detours for approval. These plans (sketches) shall be produced,
signed and sealed by a professional Engineer registered in the State of Florida,
employed by the Contractor and certified under FDOT Procedure NPIL No. 625-010-
010.
® Where excavations are to be made in the vicinity of signalized intersections, attention is
directed to the fact that vehicle loop detectors may have been embedded in the
pavement. Verify these locations by inspecting the site of the Work and by contacting the
Sunshine State One -Call Center (1-800-432-4770), 48 hours prior to any excavation.
Any loop detector which is damaged, whether shown on the Plans or not, shall be
repaired or replaced to the satisfaction of the Miami Dade County Signs and Signal
Division (Phone No. 305-592-3470).
• Where applicable, the Contractor shall notify the Traffic Division 24 hours in advance of
the construction date or 48 hours in advance of construction within any signalized
intersection.
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NW 18t" Place Road Improvements -- D3 ITB No.: 12-13-064
• Temporary pavement will be required over all cuts in pavement areas, and also where
traffic 18-t6 be routed over Swale' or median areas. When the temporary pavement for
to 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
TrafficDivision.
Maintenance of Traffic for Bypass Pumping
The Contractor shall take appropriate steps to ensure that all temporary pumps, piping
and hoses are protected from vehiculartraffic and pedestrian traffic.
Lane Closures
Where construction of the Project shall involve lane closures public streets, the following
shall apply:
Lane closures require"b Lane Closure Permit, obtained two Weeks prior to planned
construction; with a minimum ` 48-hour prior notice to local police and emergency
departments (some police jurisdictions may require considerably more notice). Lane
closures of a oneday or less duration :will generally not be approved for major collector
streets or for arterial streets during the hours of lam to 9am and 4pm to bpm weekdays.
78. Location and Damage'to Existing Facilities, Equipment or Utilities
As far 11 as possible, all ex11 isting utility lines in the Projects) areas) will be shown on the plans.
However, City does not guarantee that all lines.are shown, or that the ones indicated are in their
true location. It shall be the Contractor's responsibility to field verify all underground and
overhead utility lines or equipment affecting or affected by the Project. No additional payment
will be made to the Contractor because of discrepancies in actual and plan location of utilities,
and damages suffered as a result thereof.
The Contractor shall notify each utility company involved at least fourteen (14) calendar days
prior to the start of construction to arrange for positive underground' location, relocation or
support of its utility where that utility may be in conflict with or endangered by the proposed
construction. Relocation of water mains or other utilities for the convenience of the Contractor
shall be paid by the Contractor. All charges by'utility companies for temporary support of its
utilities shall be paid for by the Contractor. All casts of permanent utility relocation to avoid
conflict s halF 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
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NW 18th Place Road Improvements — D3 ITB No.: 12-13-064
The City may, at any time, by written order to the Contractor, require the Contractor to stop all,
or any part, of the Work for a period of up to ninety (90) days (or any lesser period),
commencing no sooner than the date the order is delivered to the Contractor, and for any
further period to which the parties may agree. Any such order shall be specifically identified as
a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) days (or
the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any
extension to which the parties have agreed the City shall either:
■ Cancel the Stop Work Order; or
■ Terminate the Work covered by such order as provided in Article 87, Termination for
Convenience..
If. a Stop Work Order issued under this Article is canceled or the period of the order or any
extension thereof expires, the Contractor shall resume the Work without compensation to the
Contractor for such suspension other than extending the time for Substantial Completion to the
extent that, in the opinion of the Project Manger or Consultant, the Contractor may have been
delayed by such suspension, In the event the Project Manger or Consultant determines that the
suspension of Work was necessary due to Contractor's defective or incorrect Work, unsafe
Work conditions caused by the Contractor or any other reason caused by Contractor's fault or
omission, the Contractor shall not be entitled to an extension of time as a result of the issuance
of a Stop Work Order.
800 Hurricane Preparedness
During such periods of time as are designated by the United States Weather Bureau as being a
hurricane warning, the Contractor, at no cost to the City, shall take all precautions necessary to
secure the Project site in response to all threatened storm events, regardless of whether the
Project Manager or Consultant has given notice of same.
Compliance with any specific hurricane warning or alert precautions will not constitute additional
work.
Suspension of the Work caused by a threatened or actual storm event, regardless of whether
the City has directed such suspension, will entitle the Contractor to additional Contract time as
non -compensable, excusable delay, and shall not give rise to a claim for compensable delay.
81. Use of Completed Portions
City shall have the right, at its sole option, to take possession of and use any completed or
partially completed portions of the Project(s). Such possession and use shall not be deemed an
acceptance or beneficial use or occupancy of any of the Work not completed in accordance with
the Contract Documents. If such .possession and use increases the cost of or delays the Work,
Contractor shall be entitled to reasonable extra compensation, or reasonable extension of time
or both, as determined by Project Manager or Consultant.
In the event City takes possession of any completed or partiallycompleted portions of the
Project, the following shall occur:
It City shall give notice to Contractor in writing at least thirty (30) calendar days prior to
City's intended occupancy of a designated area.
Contractor shall complete to the point of Substantial Completion the designated area
and request inspection and issuance of a Certificate of Substantial Completion from
Project Manager or Consultant.
■ Upon Project Manager or Consultant's issuance of a Certificate of Substantial
Completion, City will assume full responsibility for maintenance, utilities, subsequent
damages of City and public, adjustment of insurance coverage's and start of warranty for
the occupied area.
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NW 18th Place Road Improvements — D3 ITB No. 12-13-064
■ Contractor shall complete all items noted on the Certificate of Substantial Completion
within the time specified by Project Manager or Consultant on the Certificate of
Substantial Completion`, as specified in thb, Punch List and request final inspection and
final acceptance of the'' portion of the Work occupied. Upon completion of final
inspection and receipt of an application for final payment, Project Manager or Consultant
shall
issue a Certificate of f=inal Payment relative to the occupied area.
If City finds it necessaryto 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 un'reason'ably withheld:
82. Cleaning Up; City's Right to Clean Up
or
Contractor shall at :all times keep the premises free from accumulation; of waste materials n
rubbish caused by its operations. No fill or clearing stockpiles to_remain on site for more than
24 hours. At the completion of a Project(s), Contractor"shall remove all its,waster.,materials and
rubbish from and about the Project(s) as well as its tools, construction `equipment, machinery
and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at
the completion of the Work, City may do so and the cost thereof shall be charged to Contractor.
If a dispute arises` between ContracIT'tor and ,separate contractors as to their responsibility for
cleaning up, City may clean up and charge the cost thereof to the contractors responsible
therefore as the' Project Manager and/or Consultant shall determine to be just. All combustible
waste materials shall be removed from the Projects) at the 'end of each day. Cleaning
operations should be controlled to limit; dust and other particles adhering to existing surfaces.
83 Reovall of Equipment
In case :of termination of this Contract before completion for any cause whatsoever, Contractor,
if notified to do so by City, shall: promptly remove any part. or all of 'Contractor's equipment and
supplies from the 'property of City. If the Contractor does not comply with City's order, the City
shall have the right to remove such equipment and supplies at the expense of Contractor.
84. Set -offs, Withholdings and Deductions
The City may set=off, deduct or withhold from,'any payment due ' --the Contractor, such sums as
may be `specifically allowed in the Contract or by applicable law including, without limitation, the
following:
• Any amount of any claim by a third party;
• Any Liquidated damages, and/or;
• Any unpaid legally enforceable debt owed by the Contractor to the City.
The City shall notify the Contractor in writing of any such withholdings.
Any withholding, which is ultimately held to have been wrongful;` shall be paid to the Contractor
in accordance with the Local Government Prompt Payment Act
85. Event of Default
An event of default shall mean a breach of the Contract or by the Contractor. Without limiting
the generality of the foregoing and in addition to those instances referred to herein as a breach,
an Event of Default, shall include but hot limited to the following
The Contractor has not performed the Work in a timely manner;
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NW 18th Place Road Improvements -� D3 IT13 No.: 12-13-064
• The Contractor has refused or failed, except in case for which an extension of time is
provided, to supply properly skilled staff or provided sufficient quantities of staff to
perform the Work;
• The Contractor has failed to make prompt payment to subcontractors or suppliers for
any services or materials they have provided;
• The Contractor has become insolvent or has assigned the proceeds received for the
benefit of the Contractor's creditors, or the Contractor has taken advantage of any
insolvency statute or debtor/creditor law or if the Contractor's affairs have been put in
the hands of a receiver;
• The Contractor has failed to obtain the approval of the City where required by the
Contract;
• The Contractor has failed in -the representation of any warranties stated herein;
When, in the opinion of the City, reasonable grounds for uncertainty exist with respect
to the Contractor's ability to perform the Work, the City shall notify the Contractor in
writing that it must, within the time frame set forth in the City's request, provide
adequate assurances and a plan of action to the City, in writing, of the Contractor's
ability to perform in accordance with the terms of the Contract Documents. In the
event that the Contractor fails to provide to the City the requested assurances within
the prescribed time frame, the City may:
o Treat such failure as a repudiation of the Contract and/or;
o Resort to any remedy for breach provided herein or by law, including but not
limited to, taking over the performance of the Work or any part thereof either by
itself or through others.
• In the event the City may, at its sole discretion terminate the Contract for default, the
City or its designated representatives may immediately take possession of all
applicable documentation and data.
• Where the City erroneously terminates the Contract or for default, the terminations
shall be converted to a Termination for Convenience, and the Contractor shall have no
further recourse of any nature for wrongful termination.
86. Notice of Default -Opportunity to Cure
In the event that the City determines that the Contractor is in default of their obligations under
the Contract, the City may at its sole discretion notify the Contractor, specifying the basis for
such default, and advising the Contractor that such default must be cured within a specified time
frame or the Contract with the City may be terminated. The City is under no obligation to issue
such notification. The City may grant an extension to the cure period if the City deems it
appropriate and in the best interest of the City, without waiver of any of the City's rights
hereunder. The City, at its sole discretion, may have a default corrected by its own forces or
another contractor and any such costs incurred will be deducted from any sums due the
Contractor under any contract with the City.
87. Termination for Default
If Contractor fails to comply with any term or condition of the Contract Documents, or fails to
perform any of its obligations hereunder, then Contractor shall be in default. Upon the
occurrence of a default hereunder which is not cured within the time specified to cure the default
if one has been granted by the City, the Director in addition to all remedies available to it by law,
may immediately, upon written notice to Contractor, terminate this Contract whereupon any
advances for which Work has not been performed, paid by the City to Contractor while
Contractor was in default shall be immediately returned to the City. The Director may also
suspend any payment or part thereof or order a Work stoppage until such time as the issues
concerning compliance are resolved. Contractor understands and agrees that termination of
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NW 18th Place Road Improvements — D3 ITB No.: 12-13-064
this Contract under this Article shall not release Contractor from any obligation accruing prior to
the effective date of termination.
A finding of default and subsequent termination for cause may include, without limitation, any of
the following;
■ Contractor, fails to obtain the insurance or bonding herein required by the Contract.
Contractor fails to comply with any of its duties under the Contract Documents, with
any terms or conditions set forth in this Contract, beyond any specified period allowed
to cure such default.
Contractor fails to commence the Work within the timeframes provided or
contemplated herein, or fails to complete the Work in a timely manner as required by
the Contract.
If this Contract is 'terminated for default and the City has satisfied its obligations under the
Contract Documents the City is granted by the Contractor full use of the Work and any Work
Product in connection With the City's completion and occupancy of the Project.
Where it has been ,determined that the Contractor has been erroneously terminated under this
Article, Such termination shall be deemed to have been occurred under Article 87, Termination
for Convenience. The City in its sole discretion may terminate the Contract without providing
the Contractor a written notice to cure.
88. Remedies in the Event of Termination for Default
If a Termination for Default occurs, the Contractor and the bond provider, if applicable) shall be
notified of the effective date of the termination and shall be liable for all damages resulting from
the default, including but not limited to re -procurement costs and other direct damages
The Contractor shall stop Work as of the date of notification of the termination and immediately
remove all labor, equipment and materials (not owned or paid for by the City) from the Work
Site. The City assumes no liability for the Contractor's failure to remove such items from the
Project(s) site(s) as required.
The Contractor shall also remain liable for any liabilities and claims related to the Contractor's
default.
As an alternative to termination, the City may bring suit or proceedings for specific performance
or for an injunction
gg. Termination for Convenience
In addition to cancellation or termination as otherwise provided for in the Contract, the City may
at any time, in its sole discretion, with or without cause, terminate the Contract by written notice
to the Contractor. Such Written Notice shall state the date upon, which Contractor shall cease all
Work under the Contract and vacate the Project(s) site(s).
The Contractor shall, upon receipt of such notice, unless otherwise directed by the City:
Stop all Work on the,Project(s) on the date specified in the notice ("the
Effective Date");
Take such action as may be necessary for the protection and preservation of the City's
materials and property;
Cancel all cancelable orders for materials and equipment;
Assign to the City and deliver to the site, or any other location specified by the Project
Manager, any non -cancelable orders for materials and equipment that can not
otherwise be r 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;
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NW 18th Place Road Improvements — D3
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Take no action that shall increase the amounts payable by the City under the Contract
Documents; and
Take reasonable measures to mitigate the City's liability under the Contract
Documents.
® All charts, sketches, studies, drawings, reports and other documents, including
electronic documents, related to Work authorized under the Contract, whether finished
or not, must be turned over to the City. Failure to timely deliver the documentation
shall be cause to withhold any payments due without recourse by Contractor until all
documentation is delivered to the City.
In the event that the City exercises its right to terminate the Contract pursuant to the Contract
Documents, the City will pay the Contractor:
® For the actual cost or the fair and reasonable value, whichever is less, of (1) the portion
of the Projects) completed in accordance with the Contract through the completion date,
and (2) non -cancelable material(s) and equipment that is not of any use to the City
except in the performance of the Contract, and has been specifically fabricated for the
sole purpose of the Contract but not incorporated in the Work; and
® To the extent practical, the fair and reasonable value shall be based on the price
established as a result of the Contract. In no event, shall any payments under this
Paragraph exceed the maximum cost set forth in the Contract.
® The amount due hereunder may be offset by all payments made to the Contractor.
• All payments pursuant to this Article shall be accepted by the Contractor in full
satisfaction of all claims against the City arising out of the termination including,
Further, the City may deduct or set off against any sums due and payable under this
Article any claims it may have against the Contractor.
• Contractor shall not be entitled to lost profits, overhead or consequential damages as a
result of a Termination for Convenience.
• All payments made under the Contract are subject to audit
Upon the City's payment in full of the amounts due the Contractor under this Article the
Contractor grants the City full use of the Work and any Work Product to complete the Project
and subsequently occupy the Project.
90. Resolution of Disputes
Contractor understands and agrees that all disputes between it and the City based upon an
alleged violation of the terms of this Agreement by the City shall be submitted for resolution in
the following manner.
The initial step shall be for the Contractor to notify the Project Manager in writing of the claim or
dispute and submit a copy to the City of Miami personnel identified in Article 4, Notices.
Should the Contractor and the Project Manager fail to resolve the dispute the Contractor shall
submit their dispute in writing, with all supporting documentation, to the Assistant Director -
Contracts, as identified in Article 4, Notices. Upon receipt of said notification the Assistant
Director -Contracts shall review the issues relative to the claim or dispute and issue a written
finding.
Should the Contractor and the Assistant Director -Contracts fail to resolve the dispute the
Contractor shall submit their dispute in writing within five (5) calendar days to the Director.
Failure to submit such appeal of the written finding shall constitute acceptance of the finding by
the Contractor. Upon receipt of said notification the Director shall review the issues relative to
the claim or dispute and issue a written finding.
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Contractor must submit any further appeal in writing within five (5) calendar days to the City
Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the
finding by the Contractor. Appeal to the City Manager for
therewith.: ti n,Stiis required prior of
to
Contractor being entitled to seek judicial relief m connection
oun
Compensation hereunder exceed $100;000, the City Manager's decision shall be approved or
disapproved by the City Commission. 'Contractor shall not be entitled to seek `judicial relief
unless:
(1) it has first received City Manager's written decision, approved by the City Commission if
applicable, or
(ii) a period of sixty (60) days has expi 1edd after al "s"u porting documentation, tation, orra periodof
statement of the dispute, accompan y P_
(90) days has expired where City Manager's decision is subject to City Commission for
approval; or
(iii) City has waived compliance with the procedure set forth in this Article by written
instrument(s) signed by the City Manager.
party
In the event the determination of a dispute under this Article
other par ' I wunacceptable to ritingrwithin
hereto, the party objecting to the determination must notify
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 part days
y has
reason to believe it is entitled to as a result of the determination. Within sixty (0 )
all
after Final `Completion of the Work, the parties sattema attempt to pte revenin t Iii gation. ediationtThe ess meed ator
objections to any determinations hereunder ,and to p p
les. Should any objection not be resolved in
shall be mutually agreed upon by the part
mediation, the parties retain all their' legal rights and remll dofsitsroi'hts prodv dedt herepunder,
party objecting to a determination specifically waives a g in strict
including its rights and remedies under State law, if said party fails to comply
accordance with the requirements of this Article.
91. Mediation-Waiyer of Jury Trial
In an effort to engage in a cooperative effort to ,resolve conflict which may arise during the
course of the construction of a Project(s), and/or following the completion of the Project(s), the
parties to this Contract agree all unresolved dispue ubl ss otherwise agreetween them shall. dsin ubW�tte �tbY the
binding mediation prior to the initiation of litigation,
Mediator, who` the parties `find mutually acceptable, will conduct any
parties. A certified
Mediation Proceedings in Miami -Dade ` The parties will share the costs
County, State of Florida.
ilar contract
of a certified Mediator on a 50150 basis. The Contractor agrees to include 'such forinon-binding
provisions with all Sub -Contractors' retained for;the Work, thereby providing
mediation as the primary mechanism for dispute resolution.
In an effort to expedite the conclusion of any litigation tha arising under voluntarily
this tract, ive their right to
jury trial or to file permissive counterclaims in any action
92: City Mav Avail Itself of All Remedies
The City. may avail itself of each and every remedy such remedyerein shall be in ladditionlly lven to e� ery other it now or existing
at law or in equity, and each and every sun
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.
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93. Permits, Licenses and Impact Fees
All applicable permit fees, including those assessed by the City, are the responsibility of the
Contractor. That includes also any other permit fees not directly related to the actual
construction of the Project(s), including but not limited to, licenses, permits and fees, such as
Permits for dumpsters, job trailers, etc., which may be required by Miami -Dade County, the
State of Florida, or`other governmental entities.
Except as otherwise provided within the Contract Documents, all permits and licenses required
by federal, state or local laws, rules and regulations necessary for the prosecution of the Work
undertaken by Contractor pursuant to the Contract Documents shall be secured and paid for by
Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of
Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work
is to be performed for all persons working on the Project(s) for whom a Certificate of
Competency is required.
Impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor.
Contractor shall be reimbursed only for the actual amount of the impact fee levied by the public
entity as evidenced by an invoice or other acceptable documentation issued by the public entity.
Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY (e.g. Building
Department's Fees such as, Master Permit, Major Trades, Mechanical, Electrical, and Plumbing
Fees; Public Works Fees, such as Line and Grade, Excavation, Dewatering and NPDES Fees,
and Zoning Department's Fees) by virtue of this construction as part of the Contract shall be
reimbursed to the Contractor by the City through an Allowance Account set for herein,
evidenced by an invoice or other acceptable documentation issued by the public entity.
Permit Fees reimbursement to Contractor shall be for the actual amount and in no event shall
include profit or overhead of Contractor.
Permit fees related the Contractor's operations (e.g. permits for dumpsters, job trailers, etc.) are
not reimbursable.
94. Compliance with Applicable Laws
All work shall be constructed in accordance with the latest edition of the City of Miami's contract
documents and specifications, the City of Miami's Standards for Design and Construction as
well as the Miami -Dade County's Standard Details, and the 2007 Edition of the Florida
Department of Transportation Specifications Road and Bridge Construction.
The Contractor shall comply with the most recent editions and requirements of all applicable
laws, regulations, building and construction codes of the Federal government, the State of
Florida, the County, and the City.
The attention of the Contractor is directed to the requirements of the Florida Building Code and
the Codes of Miami -Dade County and the City of Miami, Florida, governing the qualifications for
Contractor and Sub -Contractor doing business anywhere in the City.
95. Independent Contractor
The Contractor is engaged as an independent business and agrees to perform Work as an
independent contractor. In accordance with the status of an independent contractor, the
Contractor covenants and agrees that the Contractor will conduct business in a manner
consistent with that status, that the Contractor will not claim to be an officer or employee of the
City for any right or privilege applicable to an officer or employee of the City, including, but not
limited to; worker's compensation coverage; unemployment insurance benefits; social security
coverage; retirement membership, or credit.
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NW 18th Place Road Improvements— D3 ITB No.; 12-13-064
The Contractor's staff shall not be employees of the City, and the Contractor alone shall be
responsible for their Work, the direction thereof, and their compensation and benefits of any
kind. Nothing In the Contract shall impose any liability or duty on the City on account of the
Contractor's acts, omissions, liabilities or obligations of those of any person, firm, company,
agency association, corporation, or organization engaged by the Contractor as a subcontractor,
expert, consultant, independent contractors, specialist, trainee, employee, servant or agent or
for taxes of any nature, including, but not limited to: unemployment insurance; worker's
compensation and anti -discrimination, or workplace` legislation of any kind. The Contractor
hereby agrees to indemnify and hold harmless the City against any such liabilities, even if they
arise from actions directed or taken by the City.
96. Third Party Beneficiaries
Neither Contractor nor City intends to directly or substantially benefit a third party by this
Contract. Therefore, the parties agree that there are no third party beneficiaries; to this Contract
and that no third party shall be entitled to assert a claim against either of them based upon this
Contract. The parties expressly: acknowledge that it is not their Intent to create any rights or
obligations in any third person or entity under this Contract
97. Successors and Assigns
The performance of this Contract shall not be transferred pledged, sold, delegated or assigned,
in whole or in part, by the Contractor without the written consent of the City. It is understood that
a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale,
an assignment for the benefit of creditors shall each be deemed transactions that would
constitute an assignment or sale hereunder requiring prior City approval.
Any transference without City approval shall be cause for the City to nullify this Contract. Any
assignment without the City's consent shall be null and -void. The Contractor shall have no
recourse from such cancellation. The City may require bonding, other security,, -certified financial
statements and tax returns from any proposed assignee and the execution of an assignment/
assumption agreement in a form satisfactory to the City Attorney as a condition precedent to
considering approval of an assignment.
The Contractor and the City each binds one another, their partners, successors, legal
representatives and authorized assigns to'the other party of this Contract and to the partners,
successors, 1egal representatives and assigns of such party in respect to all covenants of this
Agreement:
98. Materiality and Waiver of Breach
City and Contractor agree that each requirement, duty, and obligation set forth in this Contract
Documents is substantial and important to the formation of the Contract Documents and,
therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver
of such provision or modification of the Contract Documents. ` A waiver of any breach of a
provision of the Contract, Documents shall not be deemed a waiver of any subsequent breach
and shall not be construed to be a modification of the terms of the Contract Documents.
99. Severability
In the event the any provision of the Contract Documents is determined by a Court of competent
jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be
excised from this Contract, and the remainder of the Contract Documents shall continue in full
force and 'effect. Notwithstanding the foregoing, if the result of the deletion of such provision will
materially and adversely affect the rights of either party, such party may elect, at its option, to
terminate the Contract in its entirety. An election to terminate the Contract based upon this
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provision shall be made within seven (7) calendar days after the finding by the court becomes
final.
100. Applicable Law and Venue of Litigation
This Contract will be interpreted under the laws of the State of Florida which will apply
regardless of choice of law principles. This Contract shall be enforceable in Miami -Dade County,
Florida, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in
Miami -Dade County, Florida. The parties waive any objections to venue.
101. Amendments
No modification, amendment, or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document prepared with the same or similar formality as
this Contract and executed by the City Manager, Director or designee.
102. Entire Agreement
The Contract Documents, as they may be amended from time to time, represent the entire and
integrated Contract between the City and the Contractor and supersede all prior negotiations,
representations or agreements, written or oral. This Contract may not be amended, changed,
modified, or otherwise altered in any respect, at any time after the execution hereof, except by a
written document executed with the same formality and equal dignity herewith. Waiver by either
party of a breach of any provision of the Contract Documents shall not be deemed to be a
waiver of any other breach of any provision of the Contract Documents.
103. Nondiscrimination, Equal Employment Opportunity, and Americanswith
Disabilities Act
Contractor shall not unlawfully discriminate against any person in its operations and activities or
in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor
shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act
(ADA) in the course of providing any services funded by City, including Titles I and II of the ADA
(regarding nondiscrimination on the basis of disability), and all applicable regulations,
guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons.
Contractor's decisions regarding the delivery of services under the Contract Documents shall be
made without regard to or consideration of race, age, religion, color, gender, sexual orientation,
national origin, marital status, physical or mental disability, political affiliation, or any other factor
which cannot be lawfully used as a basis for service delivery.
104. Evaluation
Contractor acknowledges that upon completion of the of the Work under the Contract
Documents and/or at any other time deemed appropriate by the City a performance evaluation
report will be completed by the City. A copy of each performance evaluation shall also be
forwarded to the Contractor. The performance evaluations will be kept in City files for
evaluation on future solicitations.
105. _Commodities manufactured, crown 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
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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. Rovalties and Patents
All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article,
material, arrangement, appliance, or method that may be used upon or in any manner be
connected with the construction of the Work or, appurtenances, are hereby included in the prices
stipulated in the Contract for said Work.
107. Continuation of the Work
Any Work that commences prior to and will extend beyond the expiration date of the current
contract period shall, unless terminated by mutual written agreement between the City and the
involved contractor, continue until completion at the same prices, terms and conditions.
108. Review of Records
City shall have the right to inspect and copy, at City's expense, the books and records and
accounts of Contractor which relate in any way to the Project(s), and to any claim for additional
compensation made by Contractor, and to conduct an audit of the financial and, accounting
records of Contractor which relate to a Project(s) and to any claim for additional compensation
made by Contractor including but not limited to all payroll records, invoices for materials, and
books of accounts-: Such records shall conform to Generally Accepted Accounting Principles
requirements (GAAP), and shall only address those transactions related to the Contract.
Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be
kept in accordance with such statute. Otherwise Contractor shall retain and make available to
City all such books and records and accounts, financial or otherwise, which relate to the
Project(s) and to any claim for a period of five (5) years following Final Completion of the
Project(s).
Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without
limitation: (1) keep and maintain public records that ordinarily and necessarily would be required
by the City to perform this service; (2) provide the public with access to public records on the
same terms and r conditions as the City would at the cost provided by Chapter 119, Florida
Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or
confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet
all requirements for retaining public records and transfer, at no cost, to the City all public records
in its possession upon termination of this Agreement and destroy any"duplicate public records
that are exempt or confidential and exempt from disclosure requirements; (5) All electronically
stored public records must be provided to the City in a format compatible with the City's
information technology systems.
The Contractor agrees to maintain an accounting system that provides for accounting records
thatare supported with adequate documentation and adequate procedures for determining
allowable costs.
Contractors shalldevelop the proper forms and reports acceptable to the City for the
administration and management of the Contract Documents.
109. No Interest
Any monies not paid by City when claimed to be due to -Contractor under 'the Contract
Documents, including, but not limited to, any and all claims for damages of any type, shall not
be subject to interest including, but not limited to prejudgment interest. However, the provisions
of Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to
valid and proper invoices.
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110. Payments Related to Guaranteed Obligations
The City may withhold from any payments to be made such sums as may reasonably be
necessary to ensure completion of the Project(s) with respect to defective Work, equipment or
materials which may be identified by the Project Manager.
The City may deduct from any payment due the Contractor an amount equal to its cost incurred
on account of the Contractor's failure to fully perform its obligations under the Contract.
The Project Manager, prior to withholding or deducting any monies hereunder, shall give the
Contractor notice of the defective Work, equipment or material and the basis for the withholding
or deduction.
upon the Project Manager's determination that the Contractor has fulfilled its obligations, the
City will pay the Contractor any monies owed, subject to Contractor's submission of, or
compliance with, any remaining documentation or obligation, as the case may be, in accordance
with the Contract Documents
111. Consent of City Required for Subletting or Assignment
If the Contractor assigns, transfers, sublets or otherwise disposes of the Contract or its right,
title or interest in or to the same or any part thereof without the previous consent in writing of the
City, such action shall be an Event of Default. Nothing herein shall either restrict the right of the
Contractor to assign monies due to, or to become due or be construed to hinder, prevent or
affect any assignment by the Contractor for the benefit of its creditors, made pursuant to
applicable law.
112. Agreement Limiting Time in Which to Bring Action Against the City
In the event the Contractor may be deemed to have a cause of action against the City, no action
shall lie or be maintained by the Contractor against the City upon any claim arising out of or
based upon the Contract Documents by reason of any act or omission or requirement of the City
or its agents, unless such action shall be commenced within six (6) months after the date of
issuance of a final payment under the Contract, or if final payment has not been issued within
six (6) months of substantial completion of the Work or upon any claim relating to monies
required to be retained for any period after the issuance of the said certificate, unless such
action is commenced within six (6) months after such monies become due and payable under
the terms of the Contract Documents, or if the Contract is terminated or declared abandoned
under the provisions of the Contract unless such action is commenced within six (6) months
after the date of such termination or declaration of abandonment by the City.
113. Defense of Claims
Should any claim be made or any legal action brought in any way relating hereto or to the Work
hereunder, except as is covered by the provisions of § 6 ("Indemnification") the Contractor shall
diligently render to the City, after additional compensation is mutually agreed upon, any and all
assistance which the City may require of the Contractor. Additional compensation will only be
furnished relative to the costs of any corrective Work as defined in Section 2 , §1 which is not
the fault of the Contractor, the Contractor will be responsible for payment of attorneys fees and
costs incurred in defense of the Contractor and of the City.
114. Contingency Clause
Funding for this Contract is contingent on the availability of funds and continued authorization
for program activities and the Contract is subject to amendment or termination due to lack of
funds, reduction of funds and/or change in regulations, upon thirty (30) days notice.
115. Mutual Obligations
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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 statutorycontrol) to a party.
In those situations where the Contract Documents imposes an indemnity obligation on the
Contractor, the City, may at its expense, elect to participate in the defense of the claim if the
City should so choose. Furthermore, the City may, at its own expense, defend or settle any
such claim if the Contractor fails to diligently defend such claim, and thereafter seek indemnity
for such cost from the Contractor.
116. Contract Extension
The City reserves the right to exercise its option to extend, the Contract for up to ninety (90)
calendar days beyond the original Contract period. In such event, the City will notify the
Contractors in writing of such extensions.
117. Non -Exclusivity
It is the intent of the City; to enter into a Contract with all successful Bidders that will satisfy its
needs as described herein. However, the City reserves the right, as deemed in its best interest,
to perform, or cause to be performed, the Work and services, or any portion thereof, herein
described in any manner it sees fit, including but not limited to: award of other contracts, use of
any contractor, or perform the Work with its own employees.
118. Nature of the Agreement
The Contractor shall provide the services set forth in the Contract Documents. The Contractor
shall ; provide full and prompt cooperation with the City in all aspects of the Work to be
performed.
The Contractor acknowledges that the Contract :Documents require the performance of all
things necessary for or incidental to the effective management and performance of a Project(s).
All things not expressly mentioned in the Contract Documents, but necessary to carrying out its
intent are required by the Contract Documents, and the Contractor shall perform the same as
though they were specifically mentioned, described and delineated.
The Contractor shall furnish all labor, materials, tools, supplies and .other items required for the
completion of the Contract. All Work shall be accomplished' at the direction of and to the
satisfaction of the Project Manager.
119. Contract Documents Contain all Terms
The Contract Documents and all documents incorporated herein by reference contain all the
terms and conditions agreed' upon by the parties hereto, and no other agreement, oral or
otherwise,` regarding the subject matter of the Contract Documents shall be deemed to exist or
to bind any of the parties hereto, or to vary any of the terms contained herein.
120. Survival
The parties acknowledge that any of the obligations in the Contract Documents will survive the
term, termination and cancellation hereof. Accordingly, the respective obligations of the
Contractor and the City under the Contract, which by nature would continue beyond the
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termination, cancellation, or expiration thereof, shall survive termination, cancellation or
expiration thereof.
121. Disclosure of State Funding, if applicable.
If State funds are being used by the City to pay for this work, The City document whether
payment will come from funds appropriated by the state and, if known, the amount of such
funds or the percentage of such funds as compared to the anticipated total cost of the personal
property or construction services.
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Section 3 ®Supplemental Terms and Conditions
o Contract Time & Hours
The Contractor shall furnish , all labormaterials, equipment; tools, services, and incidentals to
complete all . Work at a rate of progress that will ensure completion of the Work within the
Contract Time.
Contractor shall have Sixty (60) calendar days to achieve Substantial Completion from the date
that the Notice to Proceed is issued. Contractor' shall have an additional Thirty (30) calendar
days for Final Completion of the Contract.
Work shall be performed Monday through Friday from 8:00 am to 6:OOpm. Any Work to be
performed outside of these times must be requested in writing to the Project Manager 48 hours
prior to the requested change. The Project Manager will notify the Contractor in writing of any
changes in approved Work hours.
2. Progress Payments
Contractor may make application for payment for Work completed during the Project(s) at
intervals of not more than once a month or upon completion and Final Acceptance of the Work.
Bidders will be paid based on the line item breakdown, contained in the ,Bid Form, with
payments based on actual Work performed. � All applications shall be submitted in triplicate and
the Contractor shall only use the City's Contractor Payment Application Form.. Where the time
frame for completion of the Work is less than or equal to one month or a Schedule of Values is
not required, the Contractor shall submit the appropriate documentation as defined below.
Supporting evidence to be included with any application for payment shall include; but is not
limited to, an updated progress schedule as required by Article`5 of the Supplemental Terms
and Conditions and a partial or final release of liens or consent of Surety relative to the Work,
which is the subject of the application for payment and any other information required by the
Project Manager or Consultant. Each application for payment shall be submitted in triplicate
for approval. City shall make payment to 'Contractor within thirty (30) days after approval of
Contractor's application for payment.
Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final
Acceptance by the City. Any interest' earned' on retainage shall accrue to the benefit of City. All
requests for retainage reduction shall be in writing in a separate stand alone document.
City may withhold, in whole or in part, payment to such extent as may be necessary to protect
itself from loss on account of:
■ Defective Work not remedied.
■ Claims filed or reasonable evidence indicating probable filing of claims by other
parties against Contractor or City because of Contractor's performance.
■ Failure of Contractor to make payments properly to Subcontractors or for material or
labor.
■ Damage to another contractor not remedied.
■ Liquidated damages and costs incurred by City and/or Consultant for extended
construction administration.
■ Failure of Contractor to provide any and all documents required by the Contract
Documents.
In instances where multiple Project are awarded the Contractor shall submit separate
applications for Payment for each Project.
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When the above grounds are removed or resolved satisfactory to the Project Manager, payment
shall be made in whole or in part.
The City will pay, and the Contractor shall accept as full compensation for the Work, the sums
specified in the Contractor's submittal to the Contract Documents, as accepted by the City.
Contractor may be paid for materials or equipment purchased and stored at the Project(s)
Site(s) or another location. Where a payment request is made for materials or equipment not
incorporated in the Project(s), but delivered and suitably stored at the site or at some other
location agreed upon in writing, the written documentation must be submitted at the time of
request for payment. Payment shall be conditioned upon submission by the Contractor of paid
invoices and an executed Material Purchased/Stored On -Premises form to establish the City's
title to such materials or equipment, or otherwise protect the City's interest, including applicable
insurance in the name of City and transportation to the site.
Contractor retains sole liability to replace such stored materials or equipment as a result of
damage or loss for any reason.
3. Liquidated Damages
The Contractor is obligated and guarantees to complete the Project in the time set forth in the
Contract Documents or any approved extension of time the Contractor shall pay to the City
liquidated damages as follows. In the event of a delay in completion beyond the timeframe set
forth in the Contract Documents for Substantial Completion the Contractor shall pay to the City
for each and every calendar day of unexcused delay, the sum of One Thousand One Hundred
Forty -Eight dollars ($1,148) per calendar day, which is hereby agreed upon not as a penalty but
as liquidated damages. In the event of a delay in completion beyond the timeframe set forth in
the Contract Documents for Final Completion the Contractor shall pay to the City for each and
every calendar day of unexcused delay, the additional sum of Five Hundred Seventy -Four
dollars ($574) per calendar day, which is hereby agreed upon not as a penalty but as liquidated
damages. The Contractor will be notified of any approved exceptions or extensions. The total
amount of liquidated damages shall not exceed the value of the applicable Contract Documents.
The City shall have the right to deduct liquidated damages assessments from any payment due
or which may thereafter become due to the Contractor under any contract the Contractor has
with the City. In case the amount, which may become due hereunder, shall be less than the
amount of liquidated damages due the City, the Contractor shall pay the difference upon
demand by the City. Should the Contractor fail to compensate the City for any liquidated
damages, the City shall consider this as a form of indebtedness and may deny any future Work
under the Contract or any other City contract until such indebtedness is paid in full to the City.
The City shall notify the Contractor that it is incurring liquidated damages.
4. Schedule of Values
The Contractor must submit three copies of a Schedule of Values, which must be submitted
within ten (10) calendar days of the issuance of the Notice to Proceed. The Schedule of Values
shall indicate a complete breakdown of labor and material of all categories of Work on the
Project. Contractor's overhead and profit should be as separate line items. Each line item shall
be identified with the number and title of the major specification section or major components of
the items. The Project Manager or Consultant may require further breakdown after review of
the Contractor's submittal The City reserves the right to require such information from the
Contractor as may be necessary to determine the accuracy of the Schedule of Values. The
combined total value for mobilization under the Schedules of Values shall not exceed 5% of the
value of the Contract.
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The approved schedule of values shall be updated through the submittal of the City's Contractor
Payment Application Form.
5: Project Schedules
Contractor shall submit a proposed Project schedule as follows:
■ Schedule identifying all tasks within the critical path. The proposed Project schedule
shall be submitted within ten (10) calendar days of the Notice of Award and such
submittal shall be subject to the Project Manager and ; Consultant's review.
Subsequent to such review of said schedule the Contractor shall establish said
schedule as the baseline schedule.
■ hedules shall be tracked against the baseline schedule and shall be
All updates of sc
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 warrantsand guarantees that title to all Work, materials and equipment covered
by an application for payment, whether incorporated in the Projects) or not, will pass o the City
upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security
interests or encumbrances and that no Work, materials or equipment will have been acquired by
the Contractor or by any other person performing Work at the site or furnishing materials and
equipment for the Project(s), subject to an :agreement under which an interest therein or an
encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such
other person.
The -Contractor shall, beginning with the second request for payment, attach a Partial Release
of Lie hiSubcontractor'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 11
has been submitted.
The Contractor shall submit with the final payment request, for any Project(s) where
subcontractors have performed Work, a Final Release of Lien/Subcontractor's Statement of
Satisfaction for each Subcontractor' marked as a final. Failure to submit such documentation
will result in delay in payment or the City withholding from the final payment such funds as
necessary to satisfy any Subcontractor claims.
Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in lieu
of the Release of Lien/Subcontractor's Statement of Satisfaction, submit Consent of Surety to
Requisition Payment.
Contractor must use City Release of Lien, Affidavit and Consent of Surety forms or the
Application for Payment will be rejected.
7. Progress Meetings
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The City shall conduct a pre -construction conference prior to the commencement of the Work.
Contractor shall hold progress and coordination meetings as required by the Project Manager or
Engineer, to provide for the timely completion of the Work.
Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with the
Project Manager and/or Consultant, Contractor shall use the job site meetings as a tool for the
pre -planning of Work and enforcing schedules, and for establishing procedures, responsibilities,
and identification of authority for all parties to clearly understand. During these meetings,
Contractor shall identify the party or parties responsible for following up on any problems, delay
items or questions, and Contractor shall note the action to be taken by such party or parties.
Contractor shall revisit each pending item at each subsequent meeting until resolution is
achieved, Contractor shall attempt to obtain from all present any potential problems or delaying
event known to them for appropriate attention and resolution. Contractor shall be responsible
for keeping minutes of the meeting and distribution of the minutes to all parties in attendance.
The Contractor shall arrange for the participation of its subcontractors and/or vendors when the
Project Manager requires their presence.
The Contractor shall maintain minutes of the meeting and distribute copies of the minutes to all
parties in attendance. The Contractor shall prepare and distribute to Project Manager and the
Consultant an updated two-week look -ahead schedule of construction activities and submittals.
8. Reguest for Information
The Contractor shall submit a Request for Information (RFI) where the Contractor believes that
the Contract Document's specifications or drawings are unclear or conflict. All requests must be
submitted in a manner that clearly identifies the drawing and/or specification section where
clarification or interpretation is being requested. As part of the RFI, Contractor shall include its
recommendation for resolution. The Consultant and City's Project Manager shall respond in
writing.
9. Project Site Facilities
The Contractor shall arrange for all Project(s) site facilities as maybe necessary to enable the
Project Manager or Consultant to perform their respective duties and to accommodate any
representatives of the City which the City may choose to have present at the Project(s).
Contractor's, Sub -Contractor's, supplier's, material persons personnel shall not use the City
restrooms that may be available at the Project(s) site without the prior consent of the manager
of the facility or the Project Manager where there is no manager of a facility. The Contractor
shall provide and maintain at his own expense, in a sanitary condition, such accommodations
for the use of his employees as is necessary to comply with the requirements including Chapter
46 of the Building Code and regulations of the State of Florida Department of Health and
Rehabilitative Services or Dade County Health Department. The Contractor, his employees or
his Sub -Contractors shall commit no public nuisance or use any facilities that have not been
specifically provided for use by the Contractor.
The Contractor shall furnish an adequate supply of drinking water for its and its Sub -
Contractors' employees.
There shall be adequate provisions made by the Contractor to ensure all disposable materials
are properly disposed of and do not create a nuisance to the City or the public. The location of
the temporary facilities shall be subject to the approval of the Project Manager or Consultant.
Contractor is required to provide any necessary temporary utilities to the site, such as electric,
water, and sanitary services to the site for new construction or additions to a facility. The
Project Manager may authorize the use of existing utilities, Such decision will be made at the
sole discretion of the Project Manager and the City.
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The Contractor shall be required to obtain all necessary permits required for any Project(s) site
facilities. Contractor shall also be responsible to maintain such facilities in a safe and working
condition:
All such facilities remain the property of the Contractor and the Contractor shall be responsible
for removal and disposal of such facilities prior to Final Acceptance.
10. Inspection of Work
Contractor shall notify the Project Manager and Consultant at least 48 hours prior to
commencing Work on the following:
• Storm Drain
• Subgrade — submit and have approved desities prior to placement of rock
• Limerock Base ® submit and have approved desities and as-builts prior to placement of
any asphalt
110 Securit
The site where the Work is to be performed may not be a secure site and the,public.may have
access, to the site. The Contractor shall have sole responsibility for the security of all Work
materials, tools, equipment and Work -at the Project(s) site. The City shall not be liable for any
damage or loss to such materials, tools, equipment and Work and the Contractor shall be
responsible` for the repair or replacement of all Work such materials, tools, and equipment,
'12: Construction Signage
Where required by the Contract Documents the Contractor shall provide construction signage.
The City shall provide the Contractor the wording and layout for the signs at the pre -construction
conference. The Contractor shall furnish the two City signs at the Project(s) Site(s) as follows:
■ The first sign must be manufactured by Image 2000, 45 East 9t" Court, Hialeah, Florida
(305) 884-2240 or approved equal The sign shall be 4 feet wide and 8 feet high and
constructed of pressure, sensitive 2 mil cast vinyl overmounted with 3 mil mylar and
mounted to 1 MDO with painted back.' The sign shall be mounted on 4 inch square wood
or perforated "U" channel metal posts painted white, and be readable at eye level. The
colors to be used on the sign are as follows: the background shall be white with blue
lettering; the seal shall be white and gold with blue lettering form.
• The second sign shall reflect other funding `'sources for the Project and shall reflect the
Project information. The sign shall be 4 feet wide by 8 feet high by 3/ 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. rContractor shall submit once copy of each photograph in print and
digitally. The photographs shall be printed on 8"X10" high resolution glossy single weight color
print paper. Each photograph will also reflect the date and time the picturewastaken. Aerial
photographs will be taken on a bi-monthly basis.
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NW 18th Place Road Improvements® D3 ITB No.: 12-13-064
14. City Furnished Property
Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc,
when directed to by the Project Manager or Consultant and shall reinstall or provide to the City
as directed.
15. Geotechnical Testinq — Intentionally Omitted
16. Field Layout of the Work and Record Drawings for Drainage Protects
The Contractor through the services of a State of Florida Registered Professional Surveyor and
Mapper (P.S.M.), shall establish the line and benchmarks and other reference points for the
installation of the pipeline or structure
For pipelines, this will consist of establishing all points of bend (but not necessarily bevel pipe
unless in close proximity to other facilities), valves, tees, crosses and other stations not more
than 100 feet apart along the proposed centerline of the pipe, or along a stationed offset line as
shown on the Plans, marked by a nail in a metal cap if in pavement, with the station painted
nearby or by a nail in the top of a wooden stake driven flush with the ground with the station
marked on a flag stake nearby, if not in pavement.
For structures, this will consist of base lines, stakes at corners, centers and center lines,
auxiliary lines and a bench mark from which to establish the elevations.
The Contractor shall make his equipment and men available to the Inspector for spot-checking
the accuracy of the Work. The Project Manager or Consultant shall require the Work to be
brought within the tolerances specified elsewhere before backfill is placed or the construction is
otherwise hidden.
The entire responsibility for establishing and maintaining line and grade in the field lies with
Contractor. Contractor shall maintain an accurate and precise record of the location and
elevation of all pipe lines, conduits, structures, maintenance access structures, handholes,
fittings and other Work and shall prepare record or "as -built" drawings of the same which are
signed and sealed by a State of Florida Registered Professional Surveyor and Mapper (P.S.M.).
Contractor shall deliver these records in good order to Project Manager or Consultant as the
Work is completed. The Contractor shall supply the Consultant with a copy of the Registered
Land Surveyor's layout of the Work immediately upon its availability to his own forces. The cost
of all such field layout and recording work is included in the prices bid for the appropriate items.
All record drawings shall be made on reproducible paper and shall be delivered to Project
Manager or Consultant prior to, and as a condition of, final payment.
During the entire construction operation, the Contractor shall retain the services of a State of
Florida Registered Professional Surveyor and Mapper (P.S.M.) who shall maintain records of
the installation, including all deviations from the plans and specifications by obtaining "As -built"
dimensions and elevations. The surveyor shall prepare record as -built drawings showing
correctly and accurately all changes and deviations made during construction, including
approved construction variances to reflect the Work as it was actually constructed. "As -Built"
drawings shall be submitted to the City on a monthly basis.
Recording of Project Record
■ Record all information for pipeline projects and on-site projects concurrently with
construction progress.
■ Do not conceal any work until as -built information is recorded by the Contractor and the
City.
■ All locations for future connections or tie-ins shall be left unburied and uncovered until
75
NW 18th Place Road Improvements — D3 ITB No.: 12-13-064
the City's surveying forces obtain and record the as-built Information. This is in addition
to the Contractor's recorded information.
• Restrained pipe, end line valves, thrust blocks need to be left uncovered for the last
complete length. inline valves and tees shall be left exposed for 1 length on both sides
plus the face end. Record the elevation, deviation from horizontal and vertical alignment
and the inclination for these items.
• Maintain records of all pipeline Project and on-site Project deviations from Drawings and
Specifications by a Florida Registered Professional Surveyor and Mapper (P.S.M ).
• For Pipe Installation In All Pipeline Projects and On-site Projects During entire
construction, operation retain the services of a State of Florida Registered Land Surveyor
(FRLS) who shall' maintain records of the installation, including all deviations from
Drawings and Specifications.
• (FRLS) shall record as-built dimensions and elevations every twenty-five feet (25') or
portion thereof along pipeline and at every abrupt change in direction of the new line.
• (FRLS) shall, record locations and elevations for each valve, fitting, service line, fire
hydrant,, water sampling point, and also for above ground piping and other
appurtenances along the pipeline. Specific locations and elevation of equipment, the
buildings and miscellaneous items installed inside them shall be recorded as applicable.
• Contractor's FRLS shall prepare as-built- record drawings showing correctly and
accurately the installation, embracing all changes and deviations made during
construction, including all,approved construction variances, to reflect the work as it was
constructed:
• Record Drawings shall be prepared on 4-mil mylar as specified hereinafter. Record
Drawings and three (3) blue line copies shall be signed and sealed by the Surveyor and
shall be submitted to the City for the Project Manager's or Consultant's review within ten
(10)calendar days following the completion date of successful pressure testing of all
mains and appurtenances under the Contract Documents
• If the Consultant determines that the Drawings are not acceptable, they will be returned
to theContractor with a cover letter noting the "deficiencies and/or reasons for the
disapproval. Contractor shall have ten (10) calendar days to correct all exceptions taken
by the Project Manager or Consultant and resubmit as-built record drawings to the
Consultant for final acceptance.
Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City,
Contractor's record drawings oras-built drawings acceptable to Project Manager or Consultant.
17. Survey work for Drainage Proiects
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.
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NW '18th Place Road Improvements e D3 ITS No.: 12-13-064
BID FORMA (Page 1 of 11)
SECTION 4
BID FORM
Submitted:
City of Miami, Florida
Office of the City Clerk
City Hall, 1St Floor
3500 Pan American Drive
Miami, Florida 331335504
Date
The undersigned, as Bidder, hereby declares that the only persons interested in this Bid as principal
are named herein and that no person other than herein mentioned has any interest in this bid or in the
Contract to be entered into; that this Bid is made without connection with any other person, firm, or
parties making a Bid; and that it is, in all respects, made fairly and in good faith without collusion or
fraud.
The Bidder further declares that it has examined the site of the Work and informed itself fully of all
conditions pertaining to the place where the Work is to be done; that it has examined the Contract
Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below;
and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid
Guaranty; and all other required information with the Bid; and that this Bid is submitted voluntarily and
willingly.
The Bidder agrees, if this Bid is accepted, to contract with the City, a political subdivision of the State of
Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary
materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to
construct and complete within the time limits specified the Work covered by the Contract Documents for
the Project(s) entitled:
Bid No: 12-13-064
Title- NW 18" PLACE ROAD IMPROVEMENTS — D3
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative
form of security, if permitted by the City, each for not less than the total Bid price plus alternates, if any,
and to -furnish the required Certificate(s) of Insurance.
The undersigned further agrees that the Bid guaranty accompanying the Bid shall be forfeited if Bidder
fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or
fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being
notified of the award of the Contract,
In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be
corrected by the City. In the event of a discrepancy between the price Bid in figures and the price Bid
in words, the price in words shall govern. Bidder agrees that any unit price listed in the Bid is to be
multiplied by the stated quantity requirements in order to arrive at the total.
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BID FORM (Page 2 of 11)
Note: Bidders are bidding on estimatedquantities for the purpose of determining the lowest responsive
and responsible bidder. Payments will be made based on unit prices of actual quantities installed.
Where a discrepancy exists between the unit price and the extended price the unit price, will prevail.
Where there is a discrepancy between the numerical and written Bid Amount, the written Bid Amount
will prevail. City Form SU must be submitted with your bid. The SU Form can be found posted on
the webpage with the bid documents.
Our Bid Amount Includes the total cost for the Work specified in this solicitation, consisting of furnishing
all materials, labor, equipment, supervision, mobilization, overhead & profit required in accordance with
the [aid Specifications.
TOTAL Bili AMOUNT $
yydtten Total Bid Amount
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ITB No.:, 12-13-064
DID 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 M8 Excel Bid Form that is available for download at:
http //www miamigov com/Ca2itallmnrovements/pacies/ProcurementOpportunities/Default.asp.
Failure to submit the Spreadsheet may result in the Bid being determined to be non-responsive.
MS Excel sheet shall round all bid price to the second decimal.
NW 18711 PLACE ROAD IMPROVEMENTS — D3
- PROJECT NO. D-40314
1 1
2 2
3 3
4 4'
5---5l
c
7 7
8 8
9 9
10T 10
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BID FORM (Page 4 of 11)
Part l: 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. Community Small Business Enterprise ("CSBE") Requirements
Bidder certifies that it has read and understood the provisions of City of Miami Ordinance 13331,
codified as Section 18-89 of the City Code, pertaining to the implementation of a "Community Small
` Evaluation of bidder's responsiveness to Ordinance Section
Business Enterprise" requirement.
13331 shall be a consideration in the award of a contract.
2. Non -Collusion
Bidder certifies that the only persons interested in this Bid are named herein; that no other person
has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without
connection or arrangement with any other person. Bidder certifies that the selected independent
third -party verifier will verify and certify compliance data and reports honestly and accurately; and
3. Drug Free Workplace
The undersigned Bidder hereby certifies that it will provide a drug-free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the Bidder's workplace,
and specifying the actions that will be taken against employees for violations of such prohibition;
(2) Establishing a continuing drug-free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(3) Giving all employees engaged in performance of the Contract a copy of the statement required
by subparagraph (1);
(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
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ITB No., 12-13-064
BID FORM (Page 5 of 11)
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute
for a violation occurring in the workplace no later than five (5) calendar days after such
conviction;
(5) Notifying the City in writing within ten (10) calendar days, after receiving notice under subdivision
(4) (ii) above, from an employee or otherwise receiving actual notice of such
conviction. The notice shall include the position title of the employee; .
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction,
taking one of the following actions with respect to an employee who is convicted of a drug
abuse violation occurring in the workplace:
(i) _Taking appropriate personnel action against such employee, up to and including
termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health,
law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug-free workplace program through
implementation of subparagraphs(1) through (6); and
4. Lobb in
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 officeror 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
documentsfor "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
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure; and
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NW 18th Place Road Improvements — D3 ITB No.: 12-13-064
BID FORM (Page 6 of 11)
* Note: In these instances, "Ali" in the Final Rule is expected to be clarified to show that it applies to
covered contract/grant;transactioris over $100,000 (per QMB). "
5. Debarment Suspension and Other Responsibility Matters
The Bidder certifies to the best of its knowledge and belief,.Ahat 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 athree=year period preceding this proposal been'convicted of or had a civil
judgment rendered againstythem forcomm;ission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing 'a "public (Feder'al,'State,';or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or"falsification or destruction of records, making false statements, or receiving
stolen property; .
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (Federal, State, or, local) with commission of any of the offenses enumerated in
paragraph 1.b of this certification; and
(d) Have not within a three-year period preceding Ithis application/proposal had one or more
public transactions (Federal, State, or local) terminated for cause or default.
(e) In addition, factors to be considered in determining responsibility of prospective contractual
parties shall include but"not be limited W:
(1) Bidder does haveavailability of appropriate financial, material, equipment, facility, and
personnel resources and expertise, or the ability to obtain them, to meet all. contractual
requirements;
(2) Bidder does have a satisfactory record of performance;
(3) Bidder does have a satisfactory record of integrity;
(4) Bidder does,possess qualified legal standing to contract with the city;
(5) Bidder will be in in `supplying all requested information connected with the
inquiryconcerning 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 courtof 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
purchasing agent concerning responsibility. If such contractual party fails to provide the
requested information, the determination of responsibility may be made upon available
information or the prospective contractual party may be Found nonresponsible. The
prospective contractual party may demonstrate the availability of necessary financial,
equipment, facility, and personnel resources by submitting:
(1) The bidder will, upon request, furbish evidence that the contractual party possesses
such necessary resources;
(2) Bidder affirms it has acceptable plans to subcontract for such necessary resources; or
(3) Bidder will, upon request, submit a documented commitment for, or explicit arrangement
with, satisfactory sources to provide such necessary resources.
Where the prospective Bidder is unable to certify to any of the statements in this certification, such
Bidder shall submit an explanation to the City of Miami in writing.
6. Local Workforce Participation Requirements
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
(a) have read and understood the provisions of City of Miami Ordinance 13332,
codified as Section 18-89 of the City Code pertaining to the local workforce
participation requirements on a quarterly basis;
(b) have identified in City Form Subcontractor Utilization ("SU") a third party
independent who verifies and is properly licensed under the provisions of F.S.
454,471,473, or 481 and who is not with the contractor; and
(c) the selected third party, who independently verifies compliance with this
section, must have a minimum of 2 years experience as required in Ordinance
No. 13332, codified as Section 18-89 of the City Code;
Part IV; Certification — Trench Safety Act
The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of Section 553,60, et.
seq., Florida Statutes, the Trench Safety Act, and will comply with all applicable trench safety
standards. Such assurance shall be legally binding on all persons employed by the Bidder and
subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards.
Bidder acknowledges that included in the various items of the proposal and in the total Bid price are
costs for complying with the Florida Trench Safety Act. These items are a breakout of the respective
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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NW 18th Place Road Improvements — D3 ITB No.: 12-13-064
BID FORM (Page 8 of 11)
Total $
Attached is a Bid Bond [ ], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ],
Treasurer's Check [ ], Ban_ k Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ]
No. Bank of for the sum of
Dollars ($ )
The Bidder shall acknowledge this Bid and certifies to the above stated in Part III and IV by signing and
completing the spaces provided below.
Firm's Name:
Signature:
Printed Name/Title:
City/State/Zip:
Telephone No.:
Facsimile No.: E -Mail Address:
Social Security
No. or Federal Dun and
I.D.No.: Bradstreet No.:
(if applicable)
If a partnership, names and addresses of partners:
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NW 18th Place Road Improvements — D3 ITB No::12-13-064
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 qday 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
(1F 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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NW 18th Place Road Improvements— D3 ITB No.: 12.13-064
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.
IN WITNESS WHEREOF, I have hereunto set my hand this_, day of_., 20
--
Signed:
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BID FORM (Page 11 of 11)
NOTARIZATION
STATE OF
) SS:
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by
produced
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
PRINTED, STAMPED OR TYPED
NAME OF NOTARY PUBLIC
who is personally known to me or who has
as identification and who (did / did not) take an oath.
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NW 18th Place Road Improvements — D3 ITB No.; 12-13-064
Section 5- Attachments
BID BOND FORM (Page 1 of 3)
State of Florida )
County of Dade )SS:
City of Miami )
KNOWN ALL PERSONS BY THESE PRESENTS, that
as Principal, _
as Surety, are held and firmly
bound unto The City of Miami, in the penal sum of Dollars ($ ) lawful
money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors,administrators and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION. IS SUCH, that whereas the Principal has submitted
the accompanying Bid, dated 20_, for:
NW 18TH PLACE ROAD IMPROVEMENTS D3 — PROJECT NO.: B-40314
NOW THEREFORE:
(a) If the principal shall not withdraw said Bid within one hundred twenty (120) days after date of
opening the same, and shall within ten (10) days after the prescribed forms are presented to
him for signature, enter into a written contract with the City, in accordance with the bid as
accepted, and give bond with good and sufficient Surety or Sureties, as may be required, for the
faithful performance and, proper fulfillment of such contract; or,
(b) In the event if the withdrawal of said Bid within the period specified, or the failure to enter into
such contract and give such bond within the time specified, if the principal shall pay the City the
difference between the amount specified in said Bid and the amount for which the City may
procure the required Work and supplies, if the latter amount be in excess of the former, then the
above obligation shall be void and of no effect, otherwise to remain in full force and virtue.
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NW 18th Place Road Improvements — D3 ITB No.: 12-13-064
BID BOND FORD (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, PRINCIPAL:
Partnership, or Joint Venture,
two (2) Witnesses are required.
If Corporation, Secretary
only will attest and affix seal.)
Affix
Seal
(Signature of authorized officer)
(Title)
(Business Address)
City State Zip
Surety:
(Corporate Surety)
Affix
Seal
Surety Secretary (Signature of Authorized Officer)
(Title)
(Business Address)
City State Zip
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NW 18th Place Road Improvements — D3 ITIS No.: 12-13-064
BID BOND FORM (Page 3 of 3)
CERTIFICATE AS TO CORPORATE PRINCIPAL
11 1, certify that I am the Secretary of the
Corporation named as Principal in the within bond; that of
said corporation; that I know his signature, and the signature hereto is genuine, and that said bond was
duly signed, sealed.and attested for and in behalf of said corporation by authority of its governing body.
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF DADE )SS
CITY OF MIAMI
Before me, a Notary Public duly commissioned, and qualified, personally
appeared to me well known, who being by me first duly sworn
upon oath, says that he/she is the attorney-in-fact, for the and that
he/she has been authorized by to execute the foregoing bond on behalf of
the Contractor named therein in favor of The City of Miami, Florida.
Subscribed and sworn to before me this day of
INSTRUCTIONS; Bid Bonds
must be accompanied by Notary Public, State of Florida at Large
a Power of Attorney, in
compliance with
Instructions to Bidders My Commission Expires:
90
to ITIS No.: 12-13-064
NW 18 Place Road Improvements — D3
SUPPLEMENT TO BID FORM:
QUESTIONNAIRE
This Completed Form Must Be Submitted With The Bid, The City May, At Its Sole Discretion,
Require That The Bidder Submit Additional Information Not Included In The Submitted Form.
Such Information Must Be Submitted Within Seven (7) Calendar Days of The City's Request.
Failure To Submit The Form Or Additional Information Upon Request By The City Shall Result In
The Rejection Of The Bid As Non -Responsive. Additional Pages May Be Used Following The
Same Format And Numbering.
By submitting its Bid the Bidder certifies the truth and accuracy of all information contained herein.
A. Business Information
1. How many years has your company been in business under its current name and ownership?
a. Professional Licenses/Certifications (include name and number)* Issuance Date
(*include active certifications of community small business enterprise & name of certifying entity)
b. Date company licensed by Dept. Of Professional Regulation:
c. Qualified Business License: ❑ Yes❑ No If Yes, Date Issued:
d. What is your primary business? —
(This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.)
e. Name of Qualifier, license number, and relationship to company:
f. Names of previous Qualifiers during the past five (5) years including, license numbers,
relationship to company and years as qualifier for the company
2. Name and Licenses of any prior companies
Name of Company License No. Issuance Date
3. Type of Company:
❑ Corporation [I "S" Corporation❑LLC❑Sole Proprietorship❑Other:
(Corporations will be required to provide a copy of their corporate resolution prior to executing a contract)
4. Company Ownership
a. Identify all owners of the company.
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NW 18th place Road Improvements — D3 ITIS No.: 12-13.064
Name
Title
% of ownership
L
5.
M.
identify all individuals authorized to sign for the company, indicating the level of their
authority (check applicable boxes and for other provide specific levels of authority) -
Name Title Signatory Authority
All Cost No -Cost Other
❑ ❑ ® ❑
❑ ❑ ❑'El
❑ ® ❑El
® ® ❑ ❑
Explanation for Other:
(Note: "All" refers to any type of document including but not limited to contracts, amendmenfi, change proposal
requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost' refers to CPRs,'COs. No -cost refers
to RFls, Notices, and other similardocuments)
Employee Information
Total No. of Employees: _ Number of Managerial/Admin. Employees:
Number 11 of Trades Personnel and total number per classification:
(Apprentices must be listed separately for each classification)
How many employees are working under H2B visas? —
Has any owner or employee of the company ever been convicted of a federal offense or moral
turpitude: If yes, please explain:
92
NW 18th Place Road Improvements - D3
ITB No.:12-13-064
7. Insurance & Bond Information
a. Insurance Carrier name &address:
b. Insurance Contact Name, telephone, & e-mail:
c. Insurance Experience Modification Rating (EMR):
(if no EMR rating please explain why)
d. Number of Insurance Claims paid out in last 5 years & value:
e. Bond Carrier name & address:
f. Bond Carrier Contact Name, telephone, & e-mail:
g. Number of Bond Claims paid out in last 5 years & value:
8. Have any claims lawsuits been file against your company in the past 5 years, If yes, identify all
where your company has either settle or an adverse judgment has been issued against your
company. Identify the year basis for the claim or judgment & settlement unless the value of the
settlement is covered by a written confidentiality agreement..
9. To the best of your knowledge is your company or any officers of your company currently under
investigation by any law enforcement agency or public entity. If yes, provide details:
10. Has your company been assessed liquidated damages or defaulted on a project in the past five
(5) years? Yes ❑ No (IfDs, provide an attachment that provides an explanation of the
project and an explanation.
11. Has your company been cited for any OSHA violations in the past five (5) years? If yes, please
provide an attachment including all details on each citation,
12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater, owned by
your company.
B. Project Management & Subcontract Details
1 o Project Manager for this 'Project:
a. Name:
b. Years with Company:
93
NW 18th Place Road Improvements -- D3 ITB No.: 12-13-064
c Licenses/Certifications:
d, Last 3 projects with the company including role, scope of work, & value of project:
(*active certifications of community small business enterprise & name of certifying entity)'
3. Scope of actual construction work to be performed by your company and the corresponding
percentage of the work: (This does not include such items as insurance * bonds, dumpsters, trailers, and other similar non -
construction work items)
C. Current and Prior Experience:
1. Current Experience including projects currently, under construction, recently awarded, or
pending award (Provide an attachment to this questionnaire that lists all such projects, including
the owner's' name, title and value of project, scope of,work, projected or actual start date,
projected completion date, and number of company trades personnel as to the project)
2. Prior Projects of a 'similar size, scope and Provide an attachment to this Questionnaire that
includes Completed Projects the Proposer considers of a similar, size, scope and complexity
that the City should consider in determining the Bidders' responsiveness'and responsibility. This
attachment must include the project that meets the minimum number'of projects identified by
I'the bid solicitation: Information provided must include the``owner's name , address and contract
person, including telephone & e-mail, title of project, location of project, scope, initial value and
final cost of the project, projected and -final timeframes for completion in calendar days and the
number of company trades personnel, by classification, that were assigned to the project. The
delivery method, including, but not limited to; design -build, CM@Risk, Design -Bid -Build, etc. is
to be identified for each Project. If there is a difference between the initial and final cost or
initial and actual timeframe provide details on why the differences exist. A reference letter is to
be 'completed by the owner of the Project and submitted as part of,the Bid submission.
D. Bidder's References
Bidders are to include a minimum of five (5) references from completed projects listed in C.2
above. The attached form is to be used and is to be included with the Bid submission. The City,
94
NW 18th Place Road Improvements - D3 ITB No. 12-13-064
at its sole discretion may allow the Bidder to submit the references after the specified date for
Bid submission.
95
NW 18th Place Road Improvements — D3 ITB No.: 12-13.064
SUPPLEMENT TO BID FORM
CUSTOMER. REFERENCE LISTING (Page 1 of 1)
Bidders may furnish the names, addresses, and telephone numbers of firms or government
organizations for which the Contractor has provided services in addition to the minimum five (5)
projects of a similar size, scope, and complexity.
1) Company Name
Address
Contact Person/Contract Amount
Telephone No.: /Fax No. -
2) Company Name
Address
3)
4)
5)
Contact Person/Contract Amount
Telephone No.: /Fax No.
Company Name
Address
Contact Person/Contract Amount
Telephone No.: /Fax No.
Company Name
Address
Contact PersonlContract Amount
Telephone No.: /Fax No. -
Company Name
Address
Contact Person/Contract Amount
Telephone No.: /Fax No.
96
ITB No.: 12-13-
to .064
NW 18 _Place. Road Improvements ®®3
a
etip of tame'
JOHNNY MARTINEZ, P.E.
City Manager
To Whom It May Concern
Subject: Reference Letter
Name of Bidder:
The above referenced contractor is submitting on a bid solicitation that has been issued by the City of
Miami. We require that the Bidder provide written references with their Bid submission and by
providing you with this document the Contractor is requesting that you provide the following reference
information. We would appreciate you providing the information requested below as well as any other
information your feel is pertinent:
Name of Project
Scope of work:
Value of project: $ Bate Completed:—
Percentage of physical construction work self -performed by Contractor: _ %
Was project completed on time & within budget: ❑ Yes ❑ No
If no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No
If yes, please provide details:
Comments:
Thank you for your assistance in helping us in evaluating our bid solicitation.
Name of individual completing this form: Date:
Signature: Title:
Telephone: E-mail:
Sincerely,
Mark Spanioli, P.E., Director
Capital Improvements Program
97
NW ISth Place Road Improvements® D3 ITB No.: 12-13-064
SUPPLEMENT TO BID) FORM:
OFFICE LOCATION AFFIDAVIT (Page 1 of 3)
Please type or print clearly. This Affidavit must be completed
TE LIMITS11, signed and notarized
& HE CITY OFMIAMI
",P ".,, I kA AIKITeIwt AN OFFICE WITHIN THE CORPORA
AS DEFINED BY CITY UP= RC1: t ww , v-� v.
Legal Name of Firm:
Entity Type: (Check One) ❑ Partnership ®Sole Proprietorship ❑Corporation
Date Established
Corporation Document No:
Date of Issuance
Occupational License No:
gpvw
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
per ting within a of the city for apermanent st minimum of tithe
verifiable street address that is located within the corporate
(12) months immediately preceding to:the date bids or proposals were received for the purchase or
contract at issue; for purposes of this section, "staffed" shall mean verifiable , full-time, on-site
employment at the local office for a minimum of forty (40) hours per calendar week, whetheras 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
ineffect for and bo lesse available for review
han the twelve (12)
months immediately preceding the date bids or proposals e received,
and approval by the chief procurement officer or its designee; for recently executed leases that have
been in effect for any period less than the twelve (12) months immediately preceding the date bids or
proposals were received, a prior fully executed lease within the corporate limits of the city that
documents in writing continuous business residence within the corporate limits of the city for a term of
no less than twelve (12) months immediately preceding the date bids or proposals were received shall
be acceptable to satisfy the requirements of this section, and shall be available for review and approval
SUPPLEMENT TO BID FORM:
98
ITB No.: 12-13-064
NW 18th Place Road Improvements — D3
OFFICE LOCATION AFFIDAVIT (Page 2 of 3)
by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or
other rent payment documentation in writing that documents local office tenancy shall be available for
review and approval by the chief procurement officer or its designee; and
3) Has had for a minimum of twelve (12) months immediately preceding the date bids or proposals
were received for the purchase or contract at issue, a current Business Tax Receipt issued by both the
city and Miami -Dade County, if applicable; and
4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals
were received for the purchase or contract at issue, any license or certificate of competency and
certificate of use required by either the city or Miami -Dade County that authorizes the performance of
said business operations; and
5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal
to be eligible for consideration under this section; provided, however, that the burden of proof to provide
all supporting documentation in support of this local office certification is borne by the business
applicant submitting a bid or proposal.
According to Section 18-85(a) of the City of Miami Code, as amended:
"when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by
one or more responsive, responsible local bidders who maintain a local office, as defined in City Code
Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that
non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the
opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously
submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible
bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a
local bidder and a non -local bidder, contract award shall be made to the local bidder."
The intention of this section is to benefit local bona fide bidders/Bidders to promote economic
development within the corporate limits of the City of Miami.
I (we) certify, under penalty of perjury, that the office location of our firm has not been established with
the sole purpose of obtaining the advantage granted bona fide local bidders/Bidders by this section.
Authorize Signature
Print Name
Authorized Signature
Print Name
(Corporate Sea]) Title Title
Authorized Signature Authorized Signature
SUPPLEMENT TO BID FORM:
99
NW 18th Place Road Improvements — D3 ITB No. 12-13-064
OFFICE LOCATION AFFIDAVIT (Page 3 of 3)
(Mustbe signed b y the corporate rporate secretary of a Corporation or one general partner of a partnership or
.
the proprietor of a sole proprietorship or all partners of a joint venture.)
NOTARIZATION
STATE OF FLORIDA, COUNTY OF DADE
That;nd acknopersonally appeared before
me awledged the foregoing instrument as his/her act and deed.
That he/she has produced as identification.
NOTARY PUBLIC:
My Commission Expires:
Please submit with your Bid Form copies of Occupational License, City of Miami and Miami
Dade- County. Business Licenses, professional and/or trade License to verify local office
preference. The City of Miamialsoreserves the right to request a copy of the corporate charter,
corporate.! ncome tax filing return and any other documents(s) to verify the location of the firm's
office.
100
NW 18th Place Road Improvements — D3 ITB No.: 12-13-064
CERTIFICATE OF COMPLIANCE WITH SECTIONS 18.87 and 18.89 OF THE CITY CODE
I, hereby certify that:
i) I am the (President/Secretary or
Principal) of (Respondent Firm);
ii) I have read Sections 18-87 and 18-89 of the City of Miami Procurement Code;
Iii) (Respondent Firm) hereby acknowledges that
the awarded contract has an on-site labor component greater than or equal to twenty-five
percent (25%), and therefore agrees to assign a minimum of Fifteen percent (15%0) of the
contract value to firms currently certified by Miami -Dade County as a Community Small
Business Enterprise ("CSBE");
OR
iv) (Respondent Firm) hereby is certified by Miami -
Dade County as a CSBE firm and will self -perform to meet the minimum fifteen percent (15%)
CSBE requirement. An active copy of the respondent's CSBE certification must, be included bid
document.
V) (Respondent Firm) hereby agrees to comply
with the Local Workforce Participation Requirements stated in Section 1889 of the City of
Miami Procurement Code.
VI) OPTIONAL:
A!) (Respondent Firm) hereby agrees to make
assignments pursuant to Item iii), above, to certified CSBE firms who maintain a "Local
Office", as defined in City Code Section 18-73;
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
to me well known, who being by me first duly sworn
upon oath says that he/she has been authorized to execute the foregoing Certificate of Compliance
with Section 18-89 of the City of Miami Procurement Code on behalf of Respondent Firm named
therein in favor of the City.
Subscribed and Sworn to before me this day of
My commission expires:
Notary Public, State of Florida at Large
Bonded by,
20_
101
NW 18th Place Road Improvements — D3 ITB No.: 12.13-064
THIS FORM MUST BE COMPLETED BY`BIDDERS/PROPOSERS FOR PROJECTS WITH CSBE REQUIREMENTS
SCHEDULE OF INTENT AFFIDAVIT (SOI)
COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM ("CSBE2
Name of Bidder/Proposer.` Contact Person:
Address: Phone No.: _
Project Name: Projecf Number:
Contract Dollar Amount: 15% CSBE Dollar Amount
Name of Prime Certification Certification Type of CSBE work to be Bidder's self Total Dollar ($) Amount of
Bidder/Proposer No. (if, Expiration Date performed by the Bidder (if performance Bidder's self performance
applicable) (if applicable) applicable) percentage (%)
of Contract Value
T1- vmriereirrnarl intends to nPrform the following work in connection with the above- contract:
I certify that the representations contained in this form are true and accurate o e es y
O • p 9 O . immediately made available to the City of Miami as required.
sub -contractors if awarded this contract. Copies agreement(s) will be
Prime Bidder/Proposer Signature Date Prime Bidder/Proposer Print Name Title
The undersigned has reasonable and uncommitted capacity sufficient to provide the required goods or services, all licenses and permits necessary to
provide such goods or services, ability to obtain bonding that is reasonably required to provide such goods consistent with normal industry practice, and
the ability to otherwise meet the bid specifications.
Sub -contractor Signature Date Sub -contractor Print Name Title
102
NW 18th Place Road Improvements — D3 ITB No.: 12-13-064
Name of Sub -contractor
Certification
Certification
Date
Type of CSBE work o be <
by the sub-
u -c
percentage (%)
C
sub -contractor's CSBE
No.
Expiration
performed
contractor
of Contract Value
requirement
t th b
t of m knowledge I affirm that I will enter
into sub -contractual agreement(s)
with the above listed CSBE
I certify that the representations contained in this form are true and accurate o e es y
O • p 9 O . immediately made available to the City of Miami as required.
sub -contractors if awarded this contract. Copies agreement(s) will be
Prime Bidder/Proposer Signature Date Prime Bidder/Proposer Print Name Title
The undersigned has reasonable and uncommitted capacity sufficient to provide the required goods or services, all licenses and permits necessary to
provide such goods or services, ability to obtain bonding that is reasonably required to provide such goods consistent with normal industry practice, and
the ability to otherwise meet the bid specifications.
Sub -contractor Signature Date Sub -contractor Print Name Title
102
NW 18th Place Road Improvements — D3 ITB No.: 12-13-064
Section 6. Contract Execution Form
-1917, made this d f
TH1.5 CQntract #13 ay o year 2014 In the
amount of $352,348,79 by and between THE CITY OF MIAMI, aRlIDA, hereinafter called the
"CITY," and MAGGOLC, INC., hereinafter called the' , ContracW.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written. /1
MAGG01- [Irlorlda corporation
L- 7
Signature
gea &I 2-SR6lez, C 10
Print,Karne, 7-itle Peint,Wame, Title ofAvthorizedOffficaror n dal
icla
ATTEST:
CONTRACTOR Secretary
(Affirm CONTRACTOR Seat, If available)
ATTEST:
NW 18" Place Road :l mprovements - D3
*1
(Corporate Sea])
City of Miami, a municipal corporation of the
State of Florida
oUny Martinkz
,, P.E., City Manager
APPROVED AS TO LEGAL FORM AND
CPRRECTNESS:
wctorla P6ndez, City At orne
103
ITB No.,. 12.13-064'
FIR
CORPORATE RESOLUTION
WHEREASa4Inc desires to enter into a
, 1114,00 /C
contract with the City of Miami for the purpose of performing the work described in the
contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has
considered the matter in acoordaftlewith the By-Laws.of the corporatlon;�.
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF
:IT7
le,
DIRECTORS that the
(tjtpetitle of 6fr icer)
Ho . Cj,45W,a0-X Is hereby authorized
Atype name of 'officer)
and instructed to enter into a contract, in the name and on behalf of this corporation,
with the City of Miami upon the terms contained in the proposed contract to which this
resolution is attached and to execute the corresponding performance bond.
DATED this. �O day of ry 20
G::Trate Secretary
104
NW 1 Wh Place Road Improvements -- D3 ITB No.. 12-IM64
FORM OF PERFORMANCE BOND (Page 1of 2)
BY THIS BOND, We , as Principal,
hereinafter called Contractor, and , as Surety, are bound
to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ _ _) for the payment whereof
Contractor and Surety bind therimselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
ITB No: 12-13-064, 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
405
th
NW 18 Place Road Improvements ® D3 ITB No.: 12-13-064
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 m
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 defaulf -or a succession of defaults `under the Contract
or, Contracts of completion` arrangedu
_nder 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 forrnalities 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)
(Print Name and Title)
INTH E PRESENCE 0 r F ' INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(City/State/Zip Code)
Telephone No.:
106
NW 18¢" Place Road Improvements — D3 ITB No.: 12-13064
FORM OF PAYMENT BOND (Page 1of 2)
BY THIS BOND, We as Principal,
hereinafter called Contractor, and _ _, as Surety, are bound
to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, ITB. No. 12-
13064, awarded the day of , 20 , with City which Contract
Documents are by reference incorporated herein and made a part hereof, and specifically
include provision for liquidated damages, and other damages identified, and for the purposes of
this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains because of default by Contractor under the
Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255,05(1) for all
labor, materials and supplies used directly or indirectly by Contractor in the performance
of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has
not received payment for its labor, materials, or supplies shall, within forty-five
(45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the Work, furnish to Contractor a notice that he intends to look to
the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within ninety (90) days after
performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the
labor or delivery of the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding
conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the longer of
the applicable Notice and Time Limitations provisions prescribed in Section
255.05(2), or Section 95-11, Florida Statutes.
_ 107 _.
NW 10th Place Road Improvements e D3 ITB No.: 12-13-064
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
Contractor
ATTEST:_
(Name of Corporation)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.: -
NW 18t" Place Road Improvements -- D3 ITB No.: 12.13-064
CERTIFICATE AS TO CORPORATE PRINCIPAL
1, , certify that I am the Secretary of the
corporation named as Principal in the foregoing Performance and Payment Bond (Performance
Bond and Payment Bond); that _ , who signed the Bond(s) on behalf
of the Principal, was then of said corporation; that I know his/her signature; and
his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behalf of said corporation by authority of its governing body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA )
) Ss
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
to me well known, who being by me first duly
sworn upon oath says that he/she has been authorized to execute the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in
favor of City.
Subscribed and Sworn to before me this day of�, 20
My commission expires:
Notary Public, State of Florida at Large
ro -E WJ
109
NW 16th Place Road Improvements ® B3 ITB No. 12-13.064
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 Amount:
444 S.W. 2nd Avenue in United States Funds
Miami, Florida 33130 -
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:
g y g g
1. A signed statement from the Cit Manager or his authorized designee, that the drawing is
due to default inerformance of certain obligations on the part of
p -
(contractor, applicant, customer) agreed upon by and between the City of Miami, Florida
and (contractor, applicant, customer), pursuant to Bid/Contract No.
for (name of project) and Section 255.05, Florida Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
110
NW18th Place Road Improvements — D3 ITB No.: 12-13-064
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2)
Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of
(Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we
provide the City of Miami with written notice of our intent to terminate the credit herein extended,
which notice must be provided at least thirty (30) days prior to the expiration date of the original
term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will
expire prior to performance of the Contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in
any way be modified, or amplified by reference to any documents, instrument, or agreement
referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any
such reference shall not be deemed to incorporate herein by reference any document, instrument,
or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and
in compliance with the terms of this credit that such drafts will be duly honored upon presentation
to the drawee,
Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of
the Project by the
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International
Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law, if
a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law
should arise, Florida law shall prevail. If a conflict between the law of another state or country and
Florida law should arise, Florida law shall prevail.
Authorized Signature
1 °I 'I
NW 13th Place Road Improvements ® D3 ITB No.: 12-13064
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY
If the Proposer is submitting as a joint venture, please be advised that this form (3,pages) MUST be
completed and the REQUESTED written joint -venture agreement MUST be attached and submitted
with this form.
1. Name of j oint venture:
2. Addressof j oint venture:
3. Phone number of joint venture:
4. Identify the firms that comprise the joint venture:.
6. Provide a copy of the joint venture's written contractual agreement.
7. Control of and participation in this Agreement. Identify by name, race, sex., and "firm" those
individuals (and their titles) who are responsible for day-to-day management and policy decision
making, including, but not limited to, those with prime responsibility for
(a) Financial decisions:
(b) Management decisions, such as:
(1) Estimating:
(2) Marketing and sales:
(3) Hiring and firing of management personnel:
(4) Purchasing of major items or supplies:
(c) Supervision of field operations:
112
NW 18th Place Road Improvements - D3 ITB No.: 12-13-064
NOTE: If, after filing this form and, before the completion of the joint venture's work on the
subject Contract, there is any significant change in the information submitted, the joint
venture must inform the County in writing.
AFFIDAVIT
"The undersigned swear or affirm that the foregoing statements are correct and include all material
information necessary to identify and explain the terms and operation of our joint venture and the
intended participation by each joint venturer in the undertaking. Further, the undersigned covenant
and agree to provide to the County current, complete and accurate information regarding actual joint
venture work and the payment therefore and any proposed changes in any of the joint venturer
relevant to the joint venture, by authorized representatives of the County. Any material
misrepresentation will be grounds for terminating any Contract which may be awarded and for
initiating action under Federal or State laws concerning false
statements.
Name of Firm:
Signature:
Name:
Title:
Date:
Name of Firm:
Signature:
Name:
Title:_
Date:
FORM A
113
NW 1$t" Place Road Improvements — ®3
ITB No.: 12-13-064
BIDFOR (Pagelofll)
SECTION 4
BID FORM
Submitted: dctober,4' 2013
Date
City of Miami, Florida
Office or the 'City Clerk
City Hall, 181 Floor
3500 Pan American Drive'
Miami, Florida 33133-5504
The undersigned, as Bidder, herebydeclares that the only persons interested in this Bid as principal
are named herein and that no person other I thanherein. 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 h4s 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,f6rn. [shed before the opening of the bids, as acknowledged- below;
and that it has satisfied itself about the Work to be performed, and that it has submitted the required Bid
Guaranty; and all other required information With the Bid; and that this Bid is submitted voluntarily and
willingly.
The Bidder agrees, if this Bid is accepted, to contract with the City, a political subdivision of the State of
Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary
materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to
construct and complete within the time limits specified the Work covered by the Contract Documents for
the Project(s) entitled:
Bid No: 12-13-064
Title: NWIS TH PLACE ROAD IMPROVEMENTS — D3
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative
form of security, if permitted by the City, each for not less than the total Bid price plus alternates, if any,
and to furnish the required Certificate(s) of Insurance.
The undersigned further agrees that the Bid guaranty accompanying the Bid shall be forfeited if Bidder
fails to execute said Contract, or falls to furnish the required Performance Bond and Payment Bond or
fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being
notified of the award of the Contract,
In the event of arithmetical 'errors, the Bidder agrees that these errors are errors which may be
corrected by the City. In the event of a discrepancy between the price Bid in figures and the price Did
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.
77
NW 18th place Road Improvements — D3 ITIS No.: 12-13.064
BID FORM (page 2 of 11)
Dote: Bidders are bidding on estimated quantities for the purpose of determining the lowest responsive
and responsible bidder. Payments will be made based on unit prices of actual quantities installed,
Where a discrepancy exists between the unit price and the extended price the unit price will prevail.
Where there Is a discrepancy between the numerical and written Bid Amount, the written Bid Amount
will prevail, City Form SU must be submitted with your bid. The SU Form can be found posted on
the webpage with the bid documents.
Our Bid Amount Includes the total cost for the Work specified in this solicitation, consisting of furnishing
all materials, labor, equipment, supervision, mobilization, overhead &.profit required in accordance with
the Bid Specifications.
TOTAL BID AMOUNT. -
SFT.
r e i s --
Wr_itten Tota! Bid Amount ,'�!-e V I CA'V 0
W
a
s
1 � lye {
I
78
NW 13t" Place Road Improvements — D3 ITB No.. 12.13-064
City of Miami -FINAL BID FOII;M '
ITB No 12-13-064 -NW 18th Place Road Improvements- B-40314
•;17'E`M
„=ti:
- A 4
PAY�7�A7.t
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'.�',:+:=�' {
^"' r �:r,,.. "��,.a'�c: ;2_,,,
.. �.y 77 µ`. r r DESCRIPTION •'u "1� x �,n-
G. '( f �y-. }. .� a�,t J`Q y.Y`�r52± hi'4 iR Y�rfi %Y
.:r t x.. t :-?':r-.A ;k, . -F; 1'Y4r �Cwr( `+J m.F .^•
.. �. ..X� :�:::. ..e"IGY,Su'Ja-c _}..r. .s,�n�i?;+'c,
tliN TSt
�4 �tl'Y' ,
.(r;
UNIT,COST
Sya,' F
ffi 't
J 3�y ",E
S-9^;1�
YJANTRIF
�.. �
}�:� I✓'
("Sl''' -('S S
�.
yT0'fI�L•AM ;2
��a'-.•...-,..,;.
kryi'~''^,Y�Tv7�lv,"Ihnt�,.F.•�
Y.rv:i. i'.l ���yRi+ka �v'^ra
✓.•H'r2. .Yr.. ci. a.
ROADWAYPAYITEMS -..
7r 104-18 - INLET PROTECTION SYSTEM FA $ 50.00- 8 $400.00.
110-.1-1 CLEARINGAND GRUBBING LS Is 8,000.00 1 $6,000.00
1604 TYPE B STABILIZATION - Sy Is 8.00. 24DOM , $18,200.00
4„'. 285-711 OPTIONAL BASE, BASE GROUP 11 12- Sy : $ 16.00 2,40D:00 - $38;400.00
ffi 327-70-1 MILLING E7UST A5PH RAVT, 1"AVG DEPTH - Sy '$ 300 1,100.00 ' . 53,300.00
3312 TYPES -111 SUPERPAVECONCRETE,7"formsurf do ,l_5"forrest milm - -TN $ 115,00 .273.00 '. 531,395.00
52D-1-10 CONCRETE CURSAND GUTTER (TYPE F) LF $ - 20.00 70.00 $1.400.00
i 520-2-4 CONCRETE CURB, TYPE D - LF $ - 20:00 _ 8D.00 - $1,60Q-00
92- 527-1 DETECTABLEWARNING ON WALKING SURFACE EA S x.120.00 '7 $840.00
WN570.1-2 PERFORMANCETURF. SOD - :'-SY .$i 5.00 100.00 S500 -00
y`1529 RECONSTRUCT DISTURBED DRIVEWAYS - - EA.. ,$ - 700.001 4,001 52,800.00
TOTAL ROADWAY PAY ITEMS= .'$107,535-00
x•�,'}`•y'�
'+I7CIi4
5 s4.'ry',
:I-P7iY'ITEM
.+. air' 6 9'9 i.. „� +, ��'..4 iii.: !,ii�'S%,�''ku x�?YmrKA'sS-4yK�ENE",
'f: i-s.l r "Yss i k{ �y�% S.Y O SCRIPT[ONUANXI �"y,.�vo'.:1"..'1
' - - :DRAINAGE PAY JTEMa --
1'... �'nN
�WgCe 426-1501 INLET -1& - EA 5 Z,0=00 6 S18,DOO:OQ
i1 425.-901 - INLET i0' EA '$ 3500-00 2 57,000:00
1
;.- 425-2.41 MANHOLE (CITY OF MIAMI TYPEA), c10' " - EA S .3,350.00 5 S16,75D.00
`.1 425.2.41 MANHOLE (CITY OF MIAMI TYPEA),>10' EA $ 3,500.00 7 ' : $24,50400
,425.2-104 POLLUTION CONTROL WEIR STRUCTURE EA Is --.6,300,00 1 '$6:300.00
430475-115 15" DIA. CMP; ANY DEPTH CUT- LF Is 5590 75.00 $4,125,00
., 430.175.924 24" DLA: CMP; ANY DEPTH CUT - LF 13 60.00 '380.00 :- $22,800:00
430-175-13D 30"OLA: CMP, ANY DEPTH CUT LF' S 6200 1 250.00: $77,500.00
-
._... _
r20. 443-7011 - FRENCH GRAIN, 15. FT DEPTH, CMP (24'). LF 5 700.00. 730.00 513;000.00
443-70-4 FRENCH DRAIN, 95 FT DEPTH. CMF (301 LF S - 110.00 80.00 $5,500.00
. :443-71 CORE-DRILLEXISTIAG MANHOLEEA $ 400.00 1'00 $400.00
TIDEFLEK VALVE (15.0) 4,500.00. 1.00 $4,500.00
jffj#j NIA TIDEFLEX VALVE (30'0) EA $ 13000-00 -.1.00 593.00000
- - TOTAL DRAINAGE PAY ITEMS -'.$213,$75,00.
EN
"19110�•1y�
i lA
5- 1102:
;5: 3,lirAj
SIGNING AND PAVEMENT MARKING PAY ITEMS. ,..-
,g706-3 RETRO -REFLECTIVE PAVEMENT MARKER - : EA $3.0
b , 791-11-t23 THERMOPLASTIC. PAVEMENT MARKINGS, STD, WHITE, SOLID, 12" LF $. 4.00 210 $840.00
71111-125 THERMOPLASTIC PAVEMENT MARKINGS, STD, WHITE,. SOLID, 24". - LF $ 5.00 BO S300.00
P u 711-11-21 t ITHERMOPLAsTIQ PAVEMENT MARWNGS, STD, YELLOW, SOLID, 6" 1 NM 1S _ 4,OOD.00_1 0.00 1 $378.79
TOTAL SIGNING AND PAVEMENT MARVJN13 PAY ITEMS=
,- SUBTOTAL ALL AREAS- -5322,845.79
MISCELLANEOUS ITEMS -
=°9 101-1- MOBILIZATION - LS $ '- S,5D0.00 9 - $8,50090
M_ 102-1 : MAINTENANCES OF TRAFFIC LS $' 31000:00 1 - $3,000.00
rrp 444 -7D -11B SURFACE WATER POLLUTION PREVENTION PLAN - EA $ 3,000.00 1 $3,000.00
SUE -001 - ADVANCED UTILITIES EXPLORATION SOFT DIGGING EXCAVATION LS $ 3,000.00 - 1 $3,000.00
PERM -ALLOW PERma-ALLOWANCE ALLOWANCE _ $2,00090
402-14 TRAFFIC CONTROL OFFICER ALLOWANCE - $10,000.00
TOTAL BID AMOUNT $352,348.72
BIDFORM (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 ISS Excel Bid Form that is available for download at:
htt : V.miam igov.comlcau itallm v rovements/ a es/ProcurementO p portunitiesllaefault. asp.
Failure to submit the Spreadsheet may result in the Bid being determ!nod `to"be non-responsive.
M'S Excel sheet shall round all bid price to the second decimal.
79
NW 18th Place Road Improvements — p3 ITS No.: 12-13-064
�� ^R
79
NW 18th Place Road Improvements — p3 ITS No.: 12-13-064
codified as Section 18-89 of the City Code, pertaining to the implementation of a "Community Small
Business Enterprise" requirement. Evaluation of- bidder's responsiveness to Ordinance Section
1333'1 shall be a consideration in the award of a contract.
2. Non -Collusion
Bidder, certifies that the only persons interested its this [aid are named ,herein; that no other person
has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without
connection or arrangement with any other person. Bidder certifies that the selected independent
third -party verifier will verify and certify compliance'' data and reports honestly and accurately; and
3. Drug Free Workplace
`l`l a undersigned Bidder hereby certifies that 'rt will provide a drug' -free warkplace program by'
(1) Publishing a statement notifying its employees that the unlamul 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);
(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:
so
NW 18`" Place Road Improvements — p3 ITB No.. 12.13.064
BID FORM (Page 5 of 11)
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute
for a violation occurring in the workplace no later than five (5) calendar days after such
conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision
(4) (ii) above, from an employee or otherwise receiving actual notice of such
conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days atter receiving notice under subparagraph (4) of a conviction,
taking one of the following actions with respect to an employee who is convicted of a drug
abuse violation occurring in the workplace
(i) Taking appropriate personnel action against such employee, up to and including
termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health„
law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug-free workplace program through'
implementation of subparagraphs(1) through (6); and
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
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure; and
81
NW 181h Place Road Improvements - D3 I ITB No.: 12-13-064
BID FORM (Page 6 of 11)
* Note: In these instances, Win in the Final Rule is expected to be clarified to show that it applies to
covered contractlgrant transactions over $100,000 (per QMB).
5. Debarment, Suspension and Other Responsibility Matters
The Bidder certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from covered transactions by any Federal department or agency.
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, ,or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or falsification or destruction of records, making false statements, or receiving
Stolen property;
(c) Are not presently: indicted for or otherwise criminally or civilly charged_ by a government
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph 1.b of this certification; and
(d) Have not within a threeyear period preceding this application1proposal had one or more
public transactions (Federal; State, or local) terminated for cause or default.
(e) In addition, factors to be considered in determining responsibility of prospective contractual
parties shall include but not be limited to:
(1) Bidder does have avalabiiityof appropriate financial, material, equipment,, facility, and
personnel resources and expertise, or the ability to obtain them, to meet all contractual
requirements;
(2) Bidder does have a satisfactory record of performance;
(3) Bidder does have a satisfactory record of integrity;
(4) Bidder does possess qualified legal -standing to contract with the city;
(5) Bidder will be in compliance in supplying all requested information connected with the
inquiry concerning responsibility;
(f) Bidder has not had a termination, suspension, or cancellation of a City contract, in whole or
in part, for cause, due to'a default by the bidder or offeror, within the past five (5) years,
which has not been reversed on appeal by a court of competent jurisdiction; or
(g) Bidder has not withheld a payment or nonpayment of moneys due the City from the Bidder
or Offeror, within the past five (5) years, unless the full amount of such moneys due the city
(h) have 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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NW 18tn Place Road Improvements — D3 ITB No.. 12-13-064
BID OL(Page 9 of 11)
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
I HEREBY CERTIFY that at a meeting of the Board of Directors of
Maggoic Inc a corporation organized and existing under the laws of the
State of Elorlda _ held on the day of June , X005, a resolution was duly passed and
adopted authorizing (Name) Mario ConzaTez as (Title) President 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 °I8 , day of Sete , 20,
Secretary:�-
Print: -1)00we ggtz0
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 an 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.
1 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
�i J /I- (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).
85
NW 1$t" Place Road Improvements ® D3 ITB No.: 12.13-064
DID FORM (Page 10 of 11)
86
PAW 18th Place Road Improvements D3 1TB No. 12-13-064
BID FORM (Page 11 of 11)
NOTARIZATION
STATE OF Florida
COUNTY OF Miami -Dade SS:
The foregoing instrument was acknowledged before me this _-18_ day of Septen2b_e_r,
20_j_&, by Mario Gonzalez who is personally known to me or who has
produced
'Z4 1
SIGNATURE OF NOTARY PUBLIC
STATE OF FLORIDA
as identification and who (Lid / did not) take an oath.
IVONNE C BUERGO
V\. e MY 60M6AI59ION #FF049299
PRINTED, STAMPED OR TYP..Qt EXPIRES August 28,2017
I�b
NAME OF NOTARY PUBLIC (407)399.0153 FibridallotaryService,com
87
NW I 8th Place Road Improvements ® D3 ITB No.: 12-13-064
i
Section 6- Att<acbments
s
BID BOND FORM (Page 1 of 3)
Y
State of Florida ) i
County of Dade )SS: `
City of Miami
Maggolc, Inc.
KNOWN ALL PERSONS BY THE§E PRESENTS, that as Principal,
Great American Insurance Company as Surety, are held and firmly
boOnd unto Thp City of Miami, in the penal sum :of Five Percent of Dollars ($ **�****�°�° ** ) lawful
I AMOUnt btCl
money of the United States, for the p4{ment 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.
i
THE CONDITION OF THIS
the: accompanying Bid, dated
NW 18. PLACE ROAD IMI
NOW THEREFORE: L
i
(a)
(b)
TION IS SUCH, that whereas the Principal has submitted
tember 18th 20_L3_, for:
TENTS — D3 — PROJECT NO.. B-40314
If the principal shall not Withdraw' aid Sid within one hundred twenty (120) days after date of
opening the same, and shall wlth�n ten (10) days after the prescribed fortis are presented to
him for signature, enter into a' written contract with the City, in accordance with the bidas
accepted, and give bond with gooq and sufficient Surety or Sureties, as may be required, for the
faithful performance andproper fulfillment of such contract; or,
In the event if the withdrawal of skid Bid within the period .specified, or the failure to enter into
such contract and give such bondWithin the tirpe specified, if the principal shall pay the City the
difference between the amount specifiers 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 hof no effect, otherwise to remain in full farce and virtue.
83
NW 1811' Place Road Improvements— D3 t ITB No.. 12-13-(164
BID BOND -FORM (Page 2 ofS)
IN VVJTNESS WHEREOF, the above bound parties have executed this instrument under
their several seals, this 18th day oIf September 2013
the -name and corporate seal
of each part� being hereto affixpd and these presents duly
signed by its undersigned representative, pursuant to authority of its gpverning body.
WITNESS: (if Sole OWnership, PRtNCIPAL-.
Paritnersh1p, or Joint Venture,
two (2) Witnessep prorequired.
if C) rporatIQ Secretary
n
only will at vi:a 01 seal.)
goIc, Inc.
Ix me of Firm)
J�S ur"P. of authodzedT ffimr Ic
194,
(Title)
11 0 SW 65th Street
(Business Address)
Miami, FL 33165
See Power of Attomey Attached
Surety .Secretary
City State Zip
Surety:
(Corporate Surety)
Grea American Insurance Company Affix
Seal
(Si na --re- of Wu- t'Kprized--' b fflc e r)
Michael A. Bonet, Attorney -in -Fact
(Title)
1060 Maitland Center Commons Blvd., Ste. 100
(Business Address)
Maitland, FL 32751
dt—Y State Zip
89
NW IW" Place Road Improvements — D3 I
a
9
i
EM BOND FORM
(Page 3 of 3)
CERTIFICATE AS TO CORPORATE PRINCIPAL
I_
1, f rtify that �GZMIW. hee . rye .
Corporation rtarned as Principal in the within band; that t said corporation; that I know his signature) and the signature he` to is'genuine; eind that � ibond was
duly signed, sealed -and attested for and it behalf of sai rpo ation by authority of its governing body.
{Corporate Seal)
STATE OF FLORIDA } i
COUNTY OF`DADE )SS i
CITY OF MIAMI
Before me, a Nota P011c duly commissioned, and qualified, personally
appeared Michael A. Sone to me well known, who being by ma 'first duly sworn
up9n oath, soya that helshe is the attorney in -fact, for theGreat American Insurance Companyand that
helshe has been authorized byoreaf American Insurance Campany to execute the foregoing bond on behalf of
the: Contractor named therein in favor of The City of Mialml, Florida.
Subscribed and sworn to before the is 1 i3th day of September 2013
INSTRUCTIONS Bid Bonds
must be accompanied by ry Public, ata of Florida at Large
a Power of Attorney, in
compliance with
Instructions to Bidders My Commission Expires:
_ November 7, 2015
a
i
i
r
90
NW I3 Place Road Improrrernents — D3
#0 bLs Notary PubliC Stets of Flv6da
a° �" Carmen E Pillat
M C OMMISBIon EEW502
EXpires 1110712015
ITS No.,. 12-13.064
GREAT AMERICAN INSURANCE COMPANY0
Administrative Office, 301 E 4TH STREET 0 CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513.723.2740
The number of persons authorized by
Oils power of attorney is not more than ONE;
No, 0 19988
POWER OF ATTORNEY
)KNOW ALL MEN BYTHESE PRESENTS: That the GREATAMERICA14 INSURANCE COMPANY, a corporation organized and oxiAing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than
one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Nance Address Lin -At of Power
MICHAEL BONET OR MIAMI, FLORIDA $75,000,000.
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above.
IN WnWMS WHEREOF the GREATAMERICAN INSURANCE COMPANY has caused these presents to be signed and aftestedby its appropriate
officers and its corporate seal hereunto affixed this 25TH day of JANUARY , 2010
Attest GREAT AMERICAN INSURANCE. COMPANY
F�y„�,s„a�F
^ M ua y
Assistant Secretary Diytsionad $entoe rfce Presldew
STATE OF OHIO, COUNTY OF HAMILTON. ss; DAVID c, IaTCHIN (877-377-2405)
On this 25TH day of JANUARY , 2010 , before nre personally appeared DAVID C. I(ITCHIN, to me
known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of 0vat
American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal
affixed to the said histrument is such corporate seal; that it was so affixed by authority of his office under the By -taws of said Company, and that he signed his
name thereto by like authority,
This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9, 2004,
RESOLVED: That the Divisional President, the several Divisional Senior Tice Presidents; Divisional Vice Presidents and Divisonal Avistant Roe
Presidents, or anyone of them, be and hereby 13 authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behaif of the Company,
as surety, any and all bonds, undertakings and contracts ofsurelyship, or other written obligations in the nature thereof, to prescribe their respective duties and
the respective limits of their authority, and to revoke any such appointment at anytime,
RESOLVED FURTHER: That the Company seal and thesignature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company maybe affixed by facsimile to any power of attorney or cert1ficate of either given for the execution of any bond, undertaking contract of suretyship,
or other written obligation in the nature thereof, such signature and seal when soused being hereby adopted by the Company as the original signature ofsuch
officer and the original seal of the. Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I, STEPHEN C BERAHA, Assistant Secretary of ClreatAmerican hrsurance Company, do hereby certify that the foregoing Power ofAttomey and
the Resolutions of the Board of Directors of June 9, 2008 have not been re Wed w)d are now in full force and effect,
Signed and. sealed this day of
Assistaw Secretary
81 029A (4111)
KAREN L, GROSHEIM
NOTARY PUBLIC STATE Of OHIO
�
1001
MYCOMMON iXPIRE502-20-it3
N�4i
This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9, 2004,
RESOLVED: That the Divisional President, the several Divisional Senior Tice Presidents; Divisional Vice Presidents and Divisonal Avistant Roe
Presidents, or anyone of them, be and hereby 13 authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behaif of the Company,
as surety, any and all bonds, undertakings and contracts ofsurelyship, or other written obligations in the nature thereof, to prescribe their respective duties and
the respective limits of their authority, and to revoke any such appointment at anytime,
RESOLVED FURTHER: That the Company seal and thesignature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company maybe affixed by facsimile to any power of attorney or cert1ficate of either given for the execution of any bond, undertaking contract of suretyship,
or other written obligation in the nature thereof, such signature and seal when soused being hereby adopted by the Company as the original signature ofsuch
officer and the original seal of the. Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I, STEPHEN C BERAHA, Assistant Secretary of ClreatAmerican hrsurance Company, do hereby certify that the foregoing Power ofAttomey and
the Resolutions of the Board of Directors of June 9, 2008 have not been re Wed w)d are now in full force and effect,
Signed and. sealed this day of
Assistaw Secretary
81 029A (4111)
SUPPLEMENT TO BID FORM:
QUESTIONNAIRE
This Completed Form 111,fust Be Submitted With The Sid, The City May, At its Sole Discretion,
Require That The Bidder Submit AdS tional Information Not Included In The Submitted Form.
Such Information. Must Be Submitted Within Seven (7) Calendar Bays 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 Lumbering.
By submitting its Bid the Bidder certifies the truth and accuracy of all information contained herein.
A. Business Information`
1. How many years has your company been in business ander its current name and ownership? 7 years
a. Professional Licenses/Certifications (include name and number)* Issuance hate
Cert. Underaround & Excay. Ct /CUC 1224888 (State of FL) IQL511o
General EngineerlE25132 (h lnmi nwjim Goi inty) 8I15105
D.B.E. and CSB!✓ (Miami Dade County) see attached
(*include active certifeations of community small business enterprise & name of certifying entity)
b. Date company licensed by Dept, Of Professional Regulation; Oct12010
c. Qualified Business License 0 YesE] No If Yes, Date Issued: June 2005
d. What is your primary business? Drainage. Concrete. Paving
(This answer should be specific. For example; paving, drainage, schools, interior renovations, etc,)
e. Name of Qualifier, license number, and relationship to company:
Mario Gonzalez/E251-302/CUCy12248881 President
f. Names of previous Qualifiers during the past five (5) years including, license numbers,
relationship to company and years as qualifier for the company
N/A
2. Name and Licenses of any prior companies
Name of Company License No. Issuance Date
None
3. Type of Company:
❑ Corporation M"S" Corporation®LLCE]Sole ProprietorshipDOther:
(Corporations will be required to provide a copy of their corporate resolution priorto executing a contract)
4. Company Ownership
a. Identify all owners of the company,
91
NW 18th Place -Road Improvements — W ITB No.: 12-13-064
91
Name Title % of ownership
Mario Gonzalez President OQ%
b. Is any owner identified above an owner in another company? ❑j Yes N No
If yes, identify the name of the owner, other company names, and % ownership
c. identify all individuals authorized to sign for the company, indicating the level of their
authority (check applicable boxes and for other provide specific levels of authority)
Name Title Signatory Authority
All Cost No -Cost Other
Mario Gonzalez president 2
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
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 CTRs, Ctrs. No -cost refers
to RFis, Notices, and other similar documents)
Employee Information
Total No, of Employees: 111 Number, of Managerial/Admin. Employees: 2
Number of Trades Personnel and total number per classification:
(Apprentices must be listed separately for each classification)
Operators -,3 Labtar's - 2
Concrete Finish 1
a Layeis-3 -
How many employees are working under H28 visas? none
G. Has any owner or employee of the company ever been convicted of a, federal offense or moral
turpitude: If yes, please explain:
No
92
NW 18th Place Road improvements W D3 ITB No.: 12-13-064
7. Insurance & Bond Information
a. Insurance Carrier name & address,_ _ Eastern Insurance Group Inc.
-2570 MN 107 Av a 104 m Miami. FL 33176
b. Insurance Contact Name, telephone, & e-mail . David Lopez
305-59533231 crs@easterninsurance.net
c. Insurance Experience Modifica#ion Rating (EMR): _ 1
(if no EMR rating please explaln why)
d. Number of Insurance Claims paid out in,last 5 years & value: 1 e $4.000
e. Band Carrier name & address: Kahn Carlin & Co. Inc.
3350 South Dixie Highway, Miami, FL 3.3133
f. Bond Carrier, Contact Name, telephone,. & email: Michael Bonet
305.4462271 ! mbonetakahn-carlin.com
g. Number of Bond Claims paid out in last 5 years & value: None
8. Have any claims lawsuits been file against your company in the past 5 years, If yes, identify all
where your company has either settle or an. adverse judgment has been issued against your
company. Identify the year basis for the claim or judgment & settlement unless the value of the
settlement its covered by a written confidentiality agreement.
None
9. To the.best of your knowledge is your company or any officers of your company currently under
investigation by any law enforcement agency 'or public entity. If yes, provide details:
None
10. Has your company been assessed liquidated damages or defaulted on a project in the past five
(5) years? Yes [I No (Ifs, provide an attachment that provides an explanation of the
project and an explanation. "
11. Has your company been cited for any QSHA violations in the past five (5) years? If yes, please
provide an attachment including all details on each citation, No
12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater, owned by
your company. See list attached
B. project Management & Subcontract Details
1. Project Manager for this Project:
a. -,Name:,,, Mario Gonzalez (see.. resume attached}
b. Years with Company: 7 years
93
NW 18th Place road -improvements — D3 ITI3 No.; 12-13-064
c Licenses/Certifications: ___.General Engineer/ Underground Utility Excay.
d. Last 3 projects with the company including role, scope of work, & value of project:
See list attached
2. Subcontractors:
Name Trade % of Work License No. Certification*
Hig053029 CSBE
(*active certifications of community small business enterprise & name of certifying entity)
3. Scope of actual construction work to be performed by your company and the corresponding
percentage of the work: (Thls does not include such items as insurance * bonds, dumpsters, trailers, and other similar non -
construction work items)
Drainage -installation.. Roadway Restoration, Milling and General
—Restoratlizin --.98 %
C. Current and Prior Experience:
1. Current Experience including projects currently under construction, recently awarded, or
pending award (Provide an attachment to this questionnaire that lists all such projects, including
the owner's name, title and value of project, scope of work, projected or actual start date,
projected completion date, and number of company trades personnel assigned to the project)
2. Prior Projects of a similar size, scope and : Provide an attachment to this Questionnaire that
includes Com leted Projects the Proposer considers of a similar, size, scope and complexity
that the City should consider in determining the Bidders responsiveness and responsibility. This
attachment must include the project that meets the minimum number of projects identified by
the bid solicitation. Information provided must include the owner's name , address and contract
person, including telephone & e-mail, title of project, location of project, scope, initial value and
final cost of the project, projected and final timeframes for completion in calendar days and the
number of company trades personnel, by classification, that were assigned to the project. The
delivery method, including, but not limited to; design-bulld, CM@Risk, Design -Bid -Build, etc, is
to be identified for each Project. If there is a difference between the initial and final cost or
initial and actual timeframe provide details on why the differences exist. A reference letter is to
be completed by the owner of the Project and submitted as part of the Bid submission.
D. Bidder's References
Bidders are to include a minimum of five (5) references from completed projects listed In C.2
above. The attached form is to be used and is to be included with the Bid submission. The City,
94
NW 18t" Place Road Improvements – D3 ITB No.: 12-13-064
at its sole discretion may allow the Bidder to submit the references after the specified date for
Bid submission.
95
NW 18th Place Road Improvements — D3 ITB No.; 12-13-064
SUPPLEMENT TO BID FORM
CUSTOMER REFERENCE LISTING (Page I of 1)
Bidders may furnish the names, addresses, and telephone numbers of firms or government
organizations for which the Contractor has provided services in addition to the minimum five (6)
projects of a similar size, scope, and complexity,
1) Company Name See list attached
Address
Contact PersonlContract Amount_
Telephone No.- /Fax No.
2) Company Name
Address
Contact Person/Contract Amount
Telephone No.: 117sx, No.
3) Company Name
Address
Contact Person/Contract Amount
Telephone No.: /Fax No.
4) Company Name
Address
Contact Person/Contract Amount
Telephone No.; /Fax No.
6) Company Name
Address
Contact Person/Contract Amount
Telephone No.: lFax No.
96
NW 18t" Place Road Improvements ® D3 ITB No., 12-13.064
To Whom it May Concern
Subject: Reference Letter
Name of Bidder,
The above referenced contractor is submitting on a bid solicitation that has been issued by the City of Miami.
We require that the Bidder proAde written r6f6rences with their Bid Submission and by providing you with this
document the Contractor Is requesting that you provide the following reference information. We would
appreciate you providing the information requested below as well as any other information your feel is
pertinent:
Name of Project: "PAAh 444*�ffl 'VOC,
Scope of work: gwel. MWO 10 tzt &WN,5 Wvf�(i
V
3
Value of project, bate Completed:�yv_ omvak v, lr
VO
Percentage of physical construction work self-performed by Contractor. %
Was project completed on time & within budget: Yes ❑ No
If no, was the- contractor at I fault or c I ontribute to the delay(s) o I r increased cost? []Yes E] Noel
If yes, please provide details: I
Comments:
Thank you for your assistance in helping us in evaluating our bid solicitation.
1%
Name of Individual completing this form: JAPAc,6 CD ejJ Date: C041-0 A3
1 Signature: ei'�(1/AU' Title: �MhM64L
Telephone: E-mail:
AVYW"I'D
Sincerely, W5
Mark Spanioli, P.E., Director
Capital Improvements Program
ITB No. 12-13-048 NW 14th Street Health District
JOHNNY MARTINEZ, P,E,
City Manager
To Whom it May Concern
Subject: Reference Letter
Name of Bidder:
The. above referenced, Contractor is submitting on .a bid solicitation that has been issued by the
City of Miami. We require that the Bidder provide written references with their Bid submission
and by providing you with this document the Contractor is requesting that you provide the
following reference information. We would appreciate you providing the information requested
below as well as any other information your feel is pertinent,
��
Name of project: a:
Scope of work:
Value of project: $ -�,� Date Completed:
Percentage of work self -performed by Contractor: %
Was project completed on time & within budget: Yes [I No
If no, was the contractor at fault or contribute to the delay{s} or increased cost? ❑ Yes ❑ No
If yes, pplease provide details:
Comments:
Thank you for your assistance in helping us in evaluating our bid solicitation,
Name of individual comp ting this form: T � "Pe r\ Date: (o -°2 6 1
Signature; . Title: Py'� aT M
Telephone: a 4 k4� ,.1. 42 E-mail:
Sincerely,
Mark Spanioli, P.E., Director
Capital Improvements Program
ITB No. 12-13-448 XW 14th Street Health Distria
ars
JOHNNY MARTINEZ, P.E.
City Manager
To Whom it May Concern
Subject:Reference Letter
Name of Bidder: /� 4 (:FG 1 G C .Z7 0 e,
The above referenced Contractor is submitting on a bid solicitation that has been issued by the
City of Miami. We require that the Bidder provide written references with their Bid submission
and by providing you with this document the Contractor is requesting that you provide ` the
following reference Information. We would appreciate'=you providing the information requested
below as well as any other information.your feel is'pertinent: ,
Name of Project: e ifL¢ ✓�/ �s a,�' s c'' '�
Scope of work: -BAB � " 'f ~i ✓` '
Value af'praject: $ Date Completed:
Percentage of work self -performed by Contractor: 0. 0/0
Was project completed on time & within budget: Yes [] No
If no, was the contractor at fault or contribute to the delay(s) or increased cost? Yes ❑ No
If yes, please provide details
Comments:
Thank you for your assistance in helping us in evaluating our bid solicitation.'
Name of individual completing this form: T-. Bate: 6 a! l
Signature: k Title:
Telephone: :"." E -mall: ( „4
Sinceroly,
Mark Spanioll, P.B., Director
Capital Improvements Program
ITB No. 12-13-048 NW 14th Street Health District
I PineOrest Publio WarKs 005 SGS G918 P'l
tir
JOHNNY MAPTINE7, P.S.
City (tanager
To Whom it May Concern
Subject: Reference Letter
Name of I�lddan P'4660ce,
The above referenced Contractor is submitting on a bid tiolicitation that has been issued by the
Oity of Miami. We require that the Sidder provide written references with their Rd submission
and by providing yqu.vVdh this 4=urnent the Contractot Is requesting ihat you provide the
-following reference lnfbrm�tlon. We would appreciate you providing the information requested
WOW as Well as MY OthOr information your feel is pertinent:
Name of Projott, &0,
Scope of work. _D 9 A I&A 6 6 A AM -,Vd.4 D tM y :R&W V6 j&Al;r5
Value of project, We Completed:
CUB 01I[ 1111M N [1111, 11
Was project completed on hme � within budget- B'— Yes Q No
If no, was the contractor at fault or contribute to the delay(s) or Increased cost? Ye* ❑ No
It Yes, please provide details,.
Eel
e'44
Thank you for your asristancs In helping us In evaluating our bid Solicitation.
Name of individual cqmpleb
Signature: Title: Pa6wc.
Telephone.— ..... ....
$Incamly,
Mrk Spanloll, P.E., Director
Capbl Improvements Prograrn
ITB No. 12-13.048 NW 14th Street Health District
'I `. 814Q9e
J.QIANNY MARTINEZ, P,r=,
City Manager
To Whom it May Concern
subjeot: Reference Letter
Name of Bidder; d# 601 C
The above reforenced Contraotor Is submitting on a hid solicitation that has been Issued by the
City of Miami. We require that the Bidder provide written references with their Bid submieston
and by providing you Wlth this document the Contractor Is requesting that you provide the
following reference information, We would appreciate you providing the intormation'requested
below as well as any other Information yo�.0 feel Is pertinent;
b atrta oIE l rajeCt, "' 'Ae< rx ! rd Gf t'. �.. �' , ,
rd v ca +
Soaps of.wark; �dac;✓tldt u Ct2 � .
Value'of project: $ p` it �1 �2 E)ate Completed:
Percentage of work solf-orf&med by Contractor; 90 n/a
was project completed nn time a within budge#; �Yes No
If no, was the'cohtractar at fault or contribute to the delay(s) or Increased cost? ❑ Yes D Na
If yes, please provide details:
JYI �t',hlvvr �d tea
bow
eve f u `9, , 0iQr;
Comments;
e'
a I a - ve Yh
Thank you for your assistance In helping us in evaluating our bid solicitation.
Name of individual -completing this form:
Signature: li- Title:1 %Lfs�u
'telephone: E -mall;
Sincerely,
Mark Spaniail, P.B.Direotor
Capitan improvefnehts Program
ITB No. 12-13-048 NW Kith Street Health District
of Man
Tony E. Crapp, Jr.
City Manager
To Whom it May Concern
Subject: Reference Leiter
Name of Bidder:
The above -referenced contractor is submitting ph a -bid solicitation that has been issued by the City of Miami.
We require that the Bidder provide written references with their Bid submission and by providing you with this
document the Contractor is requesting that you provide the following reference information, We would
appreciate you providing the information requested below as well as any other information your feel is
pertinent:
Name of Projects
Scope of work: Tt' rt- L C. n C G,Aj 1/ 7 �O (ft% �r 1J)
Value of project: $_+,j p� .
l [lata Completed:
Percentage of physical construction work self -performed by Contractor: O
Was project completed on time & within budget: 4 Yes EJ 'No
If no, was the contractor at fault or contribute to the delays) or Increased cost? ❑ Yes El No
If yes, please provide details: C,,v tJ 4,,510`I-1.4 4�` C CD XiC �/ZD x41)
.2A-1 A � .• ,.� �� a- cc3,�,���, � o ci d c ry
Comments: 7'�2-,'t c,�a' ,b Vrc j
. .
1 Uu' ,
Thank you for your assistance In helping us in evaluating our bid solicitation.
Name of Indivi mpleting this fo : )z 4act r, , ,, d Crate: -L
Signature,° .TitleA�s, . e0o vA!
Telephone; email:
Sincerely,
Albert Sosa, RE.
Assistant Director of Infrastructure
103
CDBG - SW 19`f' Terrace improvements, B-30695 ITB No: 10-11-010
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
R\Et %Y YES `l .{ ...E&E Ni!•.E N., .4 E,..a.wn. a....w•...... ... — ...wvr--.-- . ...,,w.w -- ....... .e.r -- .... r..
N/A
Legal Name of Firm:
Entity Type; (Check One) ❑ Partnership Ej Sole Proprietorship ❑ Corporation
Corporation Document No DateEstablished
Occupational License No:' "Date of lssuance
PRESENT
Street Address:
N/A
City: State: How long at this location:
PREVIOUS
Street Address:
City: State How long at this location:
According to Section 1E-73 of the City of Miami Code, as amended: ;
City of Miami "Local Office" means a business within the City which meets all of the following criteria:
1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a
verifiable street address that is located within the corporate limits of the city for a minimum of twelve
(12) months immediately preceding to the date bids or proposals were received for the purchase or
contract at issue; for purposes of this section, "staffed" shall mean verifiable, -full-time,' on-site
employment at the local office for a minimum` of forty (40)' hours' per calendar week, whether as a duly
authorized employee, officer, principal or owner of the local business; a post office box shall not be
suff=icient to constitute a local office within the city; and
2) if the business` is located in the permanent structure pursuant to a lease;, such lease must be in
writing, for a term of no less than twelve (12) months been in effect for no less than the twelve (12)
months immediately preceding the date bids or proposals were received, and be available for review
and approval by the chief procurement officer or its designee; for recently executed leases that have
been in effect for any period less than the twelve (12) months immediately preceding the date bids or
proposals were received, a prior fully executed lease within the corporate limits of the city that
documents in writing continuous business residence within the corporate limits of the city for a term of
no less than twelve (12) months immediately preceding the date bids or proposals were received shall
be acceptable to satisfy the requirements of this section, and shall be available for review and approval
SUPPLEMENT TO DID FORM:
98
NW 18`h Place Road Improvements r D8 ITS No.: 12-13-064
OFFICE LOCATION AFFIDAVIT (Page 2 of 3)
by the chief procurement officer or its designee; further requiring khat historical, cle ared rent checks or
other rent payment documentation in writing that documents local office I tenancy shall be available for
review and approval by the chief procurement officer or its designee; gnd
3) Has had for a minimum of twelve (12) months immediately preceding the date bids or proposals
were received for the purchase or contract at issue, a i 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 elate bids or proposals
were received for the purchase or contract at Issue, any license or certificate of competency and
certificate of use required by either the city or Mlami-Dade County that authorizes the performance of
said business operations; gnd
6) Has certified in writing its compliance with the foregoing at the time of submitting Its, bid or proposal
to be eligible for consideration, under this section; provided, however, that the burden of proof to provide
all supporting documentation in support of this local office certification is borne by the business
applicant submitting a bid or proposal.
According to Section 18-85(a) of the City of Miami Code, as amended;
"when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by
one or more responsive, responsible local bidders who maintain a local office; as defined in City Code
Section .18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that
non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the
opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously
submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible
bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a
local bidder and a non -local bidder, contract award shall be made to the local bidder,"
The intention of this section is to benefit local bona fide bidders/Bidders to promote economic
development within the corporate limits of the City of Miami.
I (we) certify, under penalty of perjury, that the office location of our firm has not been established with
the sole purpose of obtaining the advantage granted bona fide local bidders/Bidders by this section.
7 thorize Signature
4
Print Name
(Corporate Seel) Title
Authorized Signature
SUPPLEMENT TO BID FORM:
Authorized Signature
Print Name
Title
Authorized Signature
99
NW 18th Place Road Improvements -- D3 ITS No., 12.13-064
100
NW 18tH Place Road Improvements ® D3 ITS No., 12-13-064
CERTIFICATE OF COMPLIANCE VV'ITH SECTIONS 18.87 and 18-89 OF THE CITY( CODE.
I, Mario Gonzalez hereby certify that.,
i) 1 Mario Gonzalez am the (President/Secretary or
Principal) of Maggolc Inc. (Respondent Firm);
ii) I have read Sections 18-87 and 18-89 jjof the City of Miami Procurement Code;
iii) (Respondent Firm G} C i hereby acknowledges that
the awarded contract has an onsite labor component greater than or equal to twenty-five
percent (26%), and therefore agrees to assign a minimum of fifteen percent (15%) of the
contract value to firms currently certified by Miami -Cade County as a Community Small
Business Enterprise ("CSBE");
OR
Iv) (Respondent Firm) Maggolc Inc, hereby is certified by Miami -
Dade County as a CSBE firm and will self -perform to meet the minimum fifteen percent (15%)
CSBE requirement. An active copy of the respondent's CSBE certification must be included bid
document.
v) (Respondent Firm) Mawolc Inc. hereby agrees to comply
with the Local Workforce Participation Requirements stated in Section 18-89 of the City of
Miami Procurement Code.
vi) OPIrIONAL.*
vii) (Respondent Firm) / c.ohereby agrees to make
assignments Dursuant to Item iiilabove, to certified CSBE firms who maintain a "Local
Office", as defined in City Code Section 18-73;
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally, appeared
Mario Gonzalez to me well known, who being by me first duly sworn
upon oath says that he/she has been authorized to execute the foregoing Certificate of Compliance
with Section 18-89 of the City of Miami Procurement Code on behalf of Respondent Firm named
therein in favor of the City.
Subscribed and Sworn to before me this , day of September , 20_1&,
My commission expires:
Notary Public, St to of Florida at Large
Bonded by
NW 18th Place Road Improvements — D3
E
ONNECE3I.11 RGOCOMMISSION OFF049299
PIRES Au ust 28 2017ITB No.;12-13.064
FlotidallotarySarvice.com
THIS FORM MUST BE COMPLETED BY BIDDERS/PROPOSERS FOR PROJECTS WITH CSBE REQUIREMENTS
SCHEDULE, OF INTENT AFF.11DAVIT (SOI)
COMMUNITYSMALL BUSINESS ENTERPRISE iPROGRA ("CSBE ;1Y
Name of Bidder/Propposer_ Magqblc Inc. Contact Person. MarI0 Uonzalez
Address; 11020 SL'V 5,5
M 6treel, Nliaml,Phone No.: 7136-2A1-2�1
Project Name: NW 18 Place Road Improvement Project Number: B-40314
ContractDollar Amount: 15% CSBE Dollar Amount
Name of Sub -contractor
Mame of Prime
Certification
Certification
Type. of CSBE work to be
Bidder's self
Total Dollar($) Amount of
Expiration Date
performed by the sub- percentage CA)
Bidder/Proposer
No. (if
Expiration Date
performed by the Bidder (if
performance
Bidder's self performance
igh y Strl ng nc
.-.-- ---._,__
12658
,_ z._ -- ---
1 DI3112014
•- -- _....-, .�, e
applicable)
(if applicable)
applicable)
percentage
of Contract Value
Madoolc Inc -12124
- 0 33
1 12ri
Drainage _ ad (
_. _A.0
�
6
Name of Sub -contractor
Certification
Certification
Type of CSBE work to be Sub -contractor
Total Dollar ($) Amount of
No.
Expiration Date
performed by the sub- percentage CA)
sub -contractor's CSBE
contractor of Contract Value
requirement
igh y Strl ng nc
.-.-- ---._,__
12658
,_ z._ -- ---
1 DI3112014
•- -- _....-, .�, e
Stri in Cl ° ,r✓ G
+ r ., .,to o t affirm tK t a Wfl entPrintim suh-contractuai ameement(s)with
�a -
the 'above listed CSBE
1 C. try aa[ to e�tg -e;xaupua wn�a+ttcu tt .,p na wuu etc uuc a�.0 ..�.a. — �.�......�.., ,a ••,•••,,• �..y._• • •^ •. •..-. , _ - _
su o ra ar ) if a rded this contract. Copies of the agreement(s) vial be immediately made available to the City Of Miami as required.
Sept 18, 2013Mario Gonzalez President '
im ilOrteroposerSignature [late Prime BiddeUProposer Print Name Title
The andryootherwise
ed has reasonable and uncommitted capacity sufflcientto provide the required goods orseMces, all licenses and permits necessary to
provide uoods or services, ability to obtain bonding that is reasonably required to provide such goods consistent with normal industry practice, and
the ability meet the bid specifications_
`I Oct 01 2013 Julio Nieto' President
Sub -contractor Signature Date u -con ractor nn ame i e;
102
NW I e Place Road Improvements -153 ITB No.. 12-13-064
I
Q4. Please share soft dig reports, If available,
MUff digs were not Included In extremely limited design budgedsohedulo and have boon
required of the contractor (item includod In summary quantities) prior to contruction and
submWIng shop drawings.
1. Teirracon Wiltraflon Test Results.,
`I ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT ANDVALL BE
MADE A PART THEREOF,
Jeovanny Rodriguez, P.E., Assistant Director
Capital Improv menta Program
This Add.ondurn should be signed and dated by the Pro:P oser and submitted as proof of receipt with
the submission of Proposals, The Proposer by identlfylng the addendum number in their Proposal and
by sIgning and submission of their Proposal shall serve as proof of receipt of this Addendum.
NAME OF FIR
SIGNATURE:
DATE:
Addendum No. I
NW 18�11 Plans Road Improvoments — D3
2
ITS No.: 12-13464
September 26, 2013
TO: ALL PROSPECTIVE BIDDERS:
The folioung changes, additions, darifloaflons, and/or deletions amend the above-cWtIoned Invitation
to Bid and shall become an integral part of the Bids submit and the Contract to be exactded for NW I&
Place Road Improvements — D3 — Invitation to Bid No.: 1,126-'13-0e4 (the "Projecir). Please note the car encs
herein and affix some to the documents you hays on hand.
Al
$'Al attachments (if any). are availa-ble on the CIP website and are part of thl ' ds edam,
A4 Additil a.] -InformatLoni
1. Revised Plan $hosts 2 of 19-110 of 19 and 11 of 1191$1
THIS ADDENDUM IS AN ESSENTIAL :PSR o. OF 7 CONTRA10T DOCUMENT AND $HALL BE
MADE A PART THEREOF.
Jeovan ny Rodriguez, P.E., Assistant Director
Capital Improvements Program
This Addendum should be signed and dated by the Proposer and submitted as proof of reeelpt with
the submission of Proposals. The Proposer by identifying the addendum number in their Proposal and
by signing and submission of their Proposal shall serve as proof of receipt of this Addendum.
INAME
SIGN
IGN
NW I r Place Road limprovements — 03
m No. 2
DATE:
ITS No.: 12-13-064
H �a
q . !�INlsi "3111 r :•
• a��8eti0 •
October 1, 2013
TO: ALL PROSPECTIVE BIDDERS,
The following changes, additions ,, clarifications, and/or deletions amend the above -captioned Invitation
to Bid and shall become an integral part of the Rids submitted and the Contract to be executed for NW 130'
Place Road Improvements — D3 — Invitation to Bid No.: 121&064 (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 CIP websl.to and are part of this Addendum.
Ar NEW Bibs DUE DATE: The Bids Due Late for this ITE NO.: 12-13-064 has been
oba�,ed to.
MON13", OCTOBER 7 2013 @ 10:00 A.M.
BR Additional linformati+orn-
Ie Attached hereto is the FINAL BID FORM reflecting the updated Qviantiltiles found
on Revised Plan :Sheets 2 of 195. 10 of 19 and °I °I of °Ig Issued with Addendum 2,
THIS ADDENDUM 1S AN ESSENTIAL PORTION CP THE CONTRACT DOCUMENT ANIS SHALL. BE
MADE A PART THEREOF,
"Jeovanny Rodriguez, P.E., Assistant Director
Capital Inlprovsm,ents Program
Addendum Na. 3
NW18t" Place Road iixtprovornents — D3 ITBNo.,. 12-1:3 064
This Addendum should be signed and dated by the Proposer and submitted as proof of receipt with
the submission of Proposals. The Proposer by identifying the addendum number in their Proposal and
by signing and submtssion of their Proposal shall serve as proof of recelpt..of this Addendum.
NAME OF FIRM: � � � � ��r�'� DINE:
SIGNATURE. _._
Addendum No.3
NW 181h Plato Road Improvements — D3 I ITB No.., 12-13.004
2
CITY OF MIAMI
CAPITAL. IMPROVEMENTS PROGRAM
SUBCONTRACTOR UTILIZATION
Sheet No. i of i
Project No. B- 40314 Project Title: NW 18th Place Road lmprovements- C3
This Farre must be submitted with a Bidders Biel submission. Failure to submit this Exhibit with the Bid will result in the bid being rejected
as non_responsive. The City in its sole discretion allow the Bidder to submit the Exhibit after Bids are due.
Provide the following information for each subcontractor regardless of tier.* Attach additional sheets if necessary.
Name of Business
* All tier's must be shown., including multiple sub -tiers, if permitted by the Contract Documents.
moist only those relevant to this Project.
�x r0ust be certified by either Miami -made County, State of Florida, or the Federal Government
Form SU
Portion of ®o[Iar Percent Address/C41Sfate/Zip License Information** Business Certification`
Work Amount
Type dumber SBE CSBE DBE
Highway Striping Inc.
Striping 2290 KW 908AveNiami, FL CSBE 12658 Ej
M
0
E�3-
Q
El
L_3
E
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Q
0
F-1
ED
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0
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* All tier's must be shown., including multiple sub -tiers, if permitted by the Contract Documents.
moist only those relevant to this Project.
�x r0ust be certified by either Miami -made County, State of Florida, or the Federal Government
Form SU
ENGINEERING CONTRACTOR —;,LIC: E-251302
11020 SW 55 ST.:mIAm1, FL 33165
PHONE:" 786=29'1-2949' FAX: 786.472-8831
maaaolc unuahao.cotrr
CONTRACTS PERFORMED BY MAGGOLC INC.
1 -Drainage Improvement for NW 22 CT from NW 107 ST to NW 112 ST, ($318,000) (Miami -Dade County Public
Warks Dept., Completed Dec. 2007). (Alberto Estevez 786-2562627). (esteva@miamidade.gov)
2 -Various Park Parking Lot Re -striping & Wheel Stop Replace. ($24,500) (Miami -Dade Park and Recreation
Dept. Completed March 2008). (:305-596.4460)
3 -Seal Coat and Re -striping of Station 131 Logistics Parking Area. ($19,000) (Miami -Dade Fire Rescue Dept.
Completed July 2008).,-(786-3314529)
4 -Norman and Jean Reach Park/Foul ball 'Netting. ($25,000) (Miami -Dade Park and Recreation Dept.,
Completed June 2008). (305-596 4460)
5 -Olympic Park Concrete Sidewalk Construction. ($1841000) (Miami -Dade Park and Recreation Dept.,
Completed July 2008). (Dan Crawford 306-596 4460) (dc93@miamidade.gov)
6 -Dolphin Archaelogical Site Concrete Sidewalk Construction., ($114,084) (Miami -Dade Park and Recreation
Dept., Completed July 2008). (Dan Crawford 305-596 4460) (dc93@miamidade.gov)
7 -Countywide Repair of Existing Asphalt Pavement. (Milling & Resurfacing) ($949,990) (Florida Department
of Transportation, Dist. Six, Executed the year 2008 and renewed for to year' -2009 and 2010, Completed June
2011). (Janice Corn 305-256 6359) (Janice.corn@dot.state.fi.us)
8 -Countywide Intersections Improvement, Roadway and Drainage. ($443,637) (Miami -Dade County Public
Works Dept., Completed Dec. 2008). (Joaquin Rabassa 305-299 9622) ora@miarnidade.gov)
9 -Vilest Perrino Park Concrete Slabs, Sidewalks and Poured in Place. ($34,000) (Miami -Dade Park and
Recreation Dept., Completed January 2009). (305-596 4460)
10 -Wast Little River Asphalt Driveways Phase IV -B. ($68,000) (Miami -Dade County Office of Community and
Economic Development, Completed January 2009). (Mario Berr os 786-469 2112) (meerr@nlamidede.gov)
11 -Brentwood Pool Park New Asphalt Walkways. ($34,000) (City `of Miami Gardens, Completed April 2009).
(305-622 8000) Oallen@mlamigardens-fl,gov)
12 -Country Club of Miami Parcel 1169 & 116$-E New Asphalt Walkways. ($178,000) (Miami -Dade Park and
Recreation Dept., Completed July 2009). (Dan Crawford 305-596 4460) (dc93@miamidade.gov)
13 -Country Club of Miami Grading, Sitework & Greens. ($107,000) (Miami -:Dade Park and Recreation Dept.,
Completed August 2009). (305-596 4460)
14 -SR 907 (Alton Rd) at Allison Dr, for Drainage and Retention Improvements, ($134,000) (FDOT, Completed
December 2009) (Anthony Sabbag 305-256 6380)(anthony.sabbag@dot.state.fl.us)
15- West Little River Asphalt Driveways Phase IV -D. ($35,000) (Miami -Dade County Office of Community and
Economic Development, Completed December 2009). (Mario Berrios 786- 469 21 12) (mberr@miarnidade.gov)
16 -District 2- Sidewalk Repair project II ($75,300) (Public Works Dep. City of Miami, Completed March 2010)
(Fabioia Dubuisson 305-416 1755 & 306-8017816) (fdubuisson@miamigov.00m)
17 -Blue Road Roundabouts Re -Bid ($146,000) (Public Works Dep. City of Coral Gables, Completed March
2010) ( 305-460 5018) (epino@coraigables.com)
18 -Harbor Drive Lighting and Resurfacing Improvement ($270,000) (Public Works Dep. Village of Key
Biscayne April 2010) (786-255 6765) (anunez@keybiscayne.fl.gov)
19 -District 1- Sidewalk Repair Project Il ($95,990) (Public Works Dep, City of Miami, Completed September
2010) (Fabiola Dubulsson 305-416 1755 & 305.801 7816) (fdubuisson@miamigov.com)
20 -Golden Shore Park Pavers Sidewalk ($23,895,00) (Public Works Dep. City of Sunny Isles Beach, November
2010) ( 305-947 0606) (gbatista@sibfl.net)
21 -AD Barnes Park Asphalt Walkways ($86,615.00) (Miami -Dade Park and Recreation Dept., Completed
December 2010) (305-755 7985) (rttolon@miamidade.gov)
22 -Installation of sidewalks and Ramps along NE 12 Ave ($123,760.00) (Public Works Dep. City of North
Miami, Completed December 2010) (Gerardo Hernandez 305-893 6511) (ghernandez@northmiamifl.gov)
23 -Intersection Realignment SW 139 Tem & SW 140 Dr, and East Guava Street One Way Street Conversion
($36,775) (Public Works Dep., Village of Palmetto Bay, Completed December 2010) (305-969 5011)
(dcasals@palmetto bay-fl.gov)
24 -District #3 Citywide ADA Sidewalk Improvements, ($107;414) (Public Works Dep. City of Miami, Completed
February 2011) (Fabioia Dubuisson 305 416 1755 & 305-8017816) (fdubuisson@miamigov.com)
25- District ##1 Citywide ADA Sidewalk Improvements, ($155,623) (Public Works Dep. City of Miami, Completed
May 2011) (Fabiola Dubuisson 305 416 1755 & 305-8017816) (fdubuisson@miamigov.com)
26- MIA Building 3050 Parking Lot Drainage & Asphalt Improvement ($103,000) (Aviation Department Miami -
Dade Couhty, Completed May 2011) (Greg Tai 305-876 8444) (gtai@mikegconst.corn)
27- MIA- NW 67 Ave & NW 36 Street Intersection improvements ($65,000), (concrete works) (Aviation
Department Miami Dade County, Complete July 2011) (John Peterson 305-622 8000) Opet@mikegconst,com)
28- District #4 Citywide ADA Sidewalk Improvements, ($149,397) (Public Works Dep. City of Miami, Completed
October 2011) (Fabiola Dubuisson 306-416 1755 & 306-8017816) (fdubuisson@miamigov.com)
29- Tamiami Canal Miccosukee Linear Park, Tamiami Trail and SW 122 Ave. ($87,703) (Miami Dade Park &
Recreation Department, Completed October 2011) (Ruben Teurbe Tolon 786-586 8360) (rtto Ion @miamldade,gov)
30- SW 19 Terrace Roadway and Drainage Improvements ($184,686) (City of Miami, Capital improvements
Department, Completed October 2011) (Maurice Hardie 786-229 5463) (mhardie@miamigov.com)
31- SR 909 (Alton Road) at West 52 Street Drainage Improvement ($138,000) (Florida Department of
Transportation, Completed December 2011) (Roland Rodriguez 305-345 0696)
(rrodriguez@pinnaclecei.com)
32- Suncrest Drive & Moss Ranch Road Stormwater Improvements ($ 110,000) (Village of Pinecrest, Public
Works Dep., Completed December 2011) (Daniel Moretti 305-669 6916) (morettl pinecrest-fl,gov)
33- Long Key State Park Roadway Improvements ($149,230) (Florida Department of Environmental Protection,
Completed February 2012) (Fred Hand 850-488 6322) (Fred, Han d@dep. state. fl. us)
34- District #2 Citywide ADA Sidewalk Improvements, ($105,303) (Public Works Dep. City of Miami; Completed
reuruary zu 14) traulaia uucuisson 5uo-4-ru -t too �k 305-801 8itJ) (rauouissonLmiamigov.com)
35- SW 64 Street; Corridor Improvement, ($60,000) (Public Works Dep, City of South Miami, Completed
February 2012) (Keith A. Ng 305-403 2072) (kng@southmiamifi gov)
36- Long Key State Park Campground Entrance Modification ($49,450) (Florida Department of Environmental
Protection, Completed July 2012) (Fred Hand 850-488 6322) (Fred.Han d@dep.state.flus)
37- FDOT LAP Roadway Improvements Project ($117,371) (Public Works Dep. City of Sweetwater, Completed
July 2012) (Eric Gomez 305-553 5457)(egomez.egsc@att.net)
38- SR 941SW 88 ST! Kendall Dr. at SW 142 Ave ($134,843) (Florida Department of Transportation, Completed
October 2012) (Roland Rcdriguez 305-345 0696) (rrodrigiiez@pinnaclecei.com)
39- Phase 1V Drainage Improvement Project ($143,830) (Village of Palmetto Bay, Completed November 2012)
(Danny Casals 305-969 5091) (dcasals@palmettobay-fl.gov)
40- Killian Park Road Stormwater Improvement ($218,142) (Village of Pinecrest, Completed December 2012)
(Daniel Moretti 305=669 6916) (moretti@pinecrest-fl.gov)`
41- Progress Rd. Roadway and Drainage Improvements ($105,522) (City of SouthMiami, Completed January
2013) (Jorge Vera 305-403 2072) Overa@southmiamifl.gov)
42- ARRA Municipalities Group B: City of Miami Gardens But; Shelters ($894,000) (Miami Dade Transit,
Completed March 2013) (Javier Salmon 786-473 4710) Osalmon@miamidade.gov)
43- 1-1951 Julia Tuttle from SR 5181 scayne Blvd to SR 9071 Alton Rd - Bike Path, / Trail ($121,520) (Florida
Department of Transportation, Completed March 2013) (Roland Rodriguez. 305-345 0696)
(rrodriguez@pin naclecei.com)
44- NW 8th ST & NW 14 GT Roadway and Drainage improvements ($425,895) (City of Miami, Completed May
2013) (Robert Fenton 786-263-2133) (rfenton@miamIgov.com)
45- Friedland Manor Drainage Improvements ;($406,567)_(City of Florida City, Completed June 2013) (Sean
Compel 786-502-0770) (sean.compel@stantec.com)
MAMIN.w"
ENGINEERING CONTRACTOR W LIC, E-251302
11024 SW 55 ST., MIAMI, rL 33165
PHONE: 786-291-2949 FAX: 786-472-8831
maggolc@yahooxom
MAGGGLG INC. EQUIPMENTS
1- Bobcat 5-250 Frontal Loader, 2009
2- Bobcat S-750 Frontal Loader, 2011
3- Bobcat Milling Attachment
4- Two (2) Dent Hammer
5- Service Truck Ford F-450, 2006
6- Wyle Water Trailer
7- Pick -up.. -Truck F-250 -
8- Flat bed Trailer 12 Tono
9- - Flat bed Trailer 15 Ton.
10 -Wacker Compactor
11- Bobcat Sweeper Attachment
12- Dumper Truck International, 2006
13- Roller Compactor Caterpillar (5 Tan)
14- Water Truck 2006
Rent Dumper Trucks:
-Allied Trucking of Florida
-Arty Trucking
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395
1940 NORTH MONROE STREET
0 'W®r" TALLAHASSEE FL 32399-0783
GONZALEZ, MARIO H
UAGGOLC INC
11020 SW 55TH STREET
MIAMI FL 33165
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Congratulatlonsl With this license you become one of the nearly one million
OTOMK-'0MDAt;j,,
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Floridians licensed by the Department of Business and Professional Regulation. .1 AND
*�-; -`X�VtOp
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Every day we work to improve the way we do business in order to serve you better.'
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For Information about our services, please log onto www.myflorldallcense.com, 1 ;;,;0RT U
There you can find more Information about our divisions and the regulations that
Impact you, subscribe to department newsletters and learn more about the
AIR
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Departments InItiatlyea.
Our mission at the Department Is: License Efficiently, Regulate Fairly, We A
constantly strive to serve you better so that you can serve your customers.
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DETACH HERE
bEPVUM
STATE OF FLORt
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SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION I'NDUSTRY LICENSING BOARD (850) 487-1395
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
GONZALEZ, MARIO H
MAGGOLC INC
11020 SW 55TH STREET
MIAMI FL 33165
Congratulationsl With this license you become one of the nearly
one million Floridians licensed by the Department of Business and
Professional Regulation. Our professionals and businesses range
from architects to yacht brokers, from boxers to barbeque restaurants,
and they keep Florida's economy strong,
Every day we work to improve the way we do business in order to
serve you better, For Information about our services, please log onto
VVww-rnyfIorIdaIIcense-cQm, There you can find more information
about our divisions and the regulations that Impact you, subscribe
to department newsletters and learn more about the Department's
Initiatives.
STATE -OF FLORIDA
DEPARTMEN, OF-PUSINESSAND
PROFS EGULATION
R*G*291 I d334 '06/03/2013
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Our mission at the Department is: License Efficiently, Regulate Fairly.
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customers. Thank you for doing business In Florida,
and congratulations on your new license)
4
The Department of State is leading the commemoration of Florida's 500th anniversary in 2013.
For more Information, please go to www.VivaFlorida.org.
DETACH HERE
S �`OP FLO
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DEPARTMENT OF"B,USi'N6sS..A.NDOO.'OF.ESSIONAL- REGULATION
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ILAWSON
SECRETARY
o STATE OF FLORIDA
- DEPARTMENT OF BUSINESS ANIS PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487•-1395
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
GONZALEZ, MARIO H
MAGGOLC INC
11020 SW 55TH STREET
MIAMI ' FL 33165
'ln.{A Y Y}/Zila:-'PNfi WN '.
Congratulations! With this license you become one of the nearly
one million Floridians licensed by the Department of Business and ;; STATE OF FLORIDA
Professional Regulation. Our professionals and businesses range DEPARTMENT, 01" BUSINESS AND
from architects to.yacht brokers, front bdXers to barbeque restaurants, PROFESSC �NA� GULATIaN
and they keep Florida's economy strong¢„St 06/0312413
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serve you better. For information about our services, please tog onto REG UNDER a'F vim � GTR
Www,myftorrdaJIdehtbxo'tn:., There you can find more information ..- GOk�ZALEZ,. _ ; fi* a
about our divisions arid the regulations that impact you, subscribe MAG L.0 I. �` V` h K �
to department newsletters and learn more about the Department's r
p '. (ICuD)~�/II3UAL,(V�JL
initlatives, LICEN"SltVO RE 1 Itri _I�{flF.: .
Our mission at the Department ls;. License Efficiently, Regulate Fairly. "T4 C�}NTRAGTINA W
We constantly strive to serve you better so that you can serve your rf R°ctsTEao under iha provCsToh's of cr,,aas t
customers, Thank you for doing business in Florida, �xP�tid care , rtu a� zo1s� rya308txi0001o18 "
and congratulations on your new license!
The Department of State Is leading the commemoration of Florida's 500th anniversary in 2013. '
? For more information, please go to vuww.VlvaFlorida.org
V1Vb fl�Al�hSilG. .
DETACH HERE
STATE OF FLORIDA
DEPARTMENT bir BUSINESS AND PROFESSIONAL` REGULATION "�
CONSTRUt;TIaN.INDUSTRY LICENSING BOARD
`RU11®66595 .r, �
The UNDERGROUND UTIL[ & EXCAVATION-CON=TRAGTok '
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Narnt✓d below HAS
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U rider the-provisiolls of Chapter 489 FS.
Explrafion.date AUC 31, 2015
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RE UFRE'MENTS FRI..CSR.=.X ' TRACT
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RICK SCOTT ISSUED; 06/03/2013 SEQ # L1306030001018 KEN LAWSON
(I-MiCt7ntrip rnlont nu Ac acini 11DEM rav t AW SECRETARY
MIAMI-MDADE
Carlos A. Gimenez, Mayor
December 24, 2012
Mr. Mario Gonzalez
MAGGOLC, INC.
11020 SW 55th St
Miami, FL 33165-0000
Dear Mr. Gonzalez:
Department of Regulatory and Economic Resources
Small Business Development
111 NW 1 Street, I e Floor
Miami, Florida 33128
T 305-375-3111 F 306-375-3160 '
CERT. NO: 12124
Approval Date; 12121/2012 m CSBE Level 1
Expiration Date: 01/31/2015
ANNUAL ANNIVERSARY: 12/21/2013
Small Business Development (SBD), a division of Regulatory and Economic Resources Department (RER)
has completed the review of your application and attachments submitted for certification. Your firm is
offlciaily certified as a Community Small Business Enterprise (CSBE) in accordance with section 10-33-02
of the Code of Miami Made County.
This certification is valid for three years provided there are no changes rendering your firm Ineligible for
cert€fication. You are required to submit a "Continuing Eligibility Affidavit" annually with specific supporting
documents on or before your Anniversary Date as listed above, You will be notified in advance of your firm's
Anniversary Date. Failure to comply with the said responsibilities may result in Immediate action to
decertify your firm. Every three years you will receive a full recertification review that may include an onsite
Investigation; SBD will also notify you accordingly.
If at any time during the certification period, there is a material change in your firm, including, but not limited
to ownership, officers, Director, scope of work being performed, daily operations, affiliat€ons with other
business (es) or physical location of the firm, you must notify this office in writing within (30) days,
Notification should include suppodng documentation. You will receive timely instructions from this office as
to how you should proceed, if necessary,
Your company Is certified in the following categories as listed below, affording you the opportunity to bid and
participate on contracts with small business measures. Please note that the categories listed are very
general and are used only to assist our customers in searching the directory for certified firms to meet
contract needs. The directory for all certified firms can be accessed on the Miami -Dade County RER
website http://www,m€amidade.govlbusiness/business-certifiication-programs.asp.
Thank you for doing business with Miami Dade County,
SherVicGriff, Director
Business Opportunity Support Services
Small Business Development Division
Regulatory and Economic Resources Department (RER)
CATEGORIES: (Your firm may bid or participate on contracts only under these categories)
NEW SINGLE-FAMILY HOUSING CONSTRUCTION (E)CEPT'OPERATIVE BUILDERS) (CSBE)
NEW MULTiFAMILY HOUSING CONSTRUCTiON (EXCEPTOPERATIVE BUILDERS) (CSBE)
NEW HOUSING OPERATiVE BUILDERS (CSBE)
RESIDENTIAL REMODELERS(CSBE)
INDUSTRIAL BUILDING CONSTRUCTION (CSBE)
COMMERCIALAND INSTITUTIONAL BUILDING CONSTRUCTION (CSBE)'
WATER AND SEWER LINE AND RELATED STRUCTURES CONS,UCTP.N (CSBE) %I p = '
HIGHWAY, STREET, AND BRIDGE CONSTRUCTiON_ (CSBE) f i{' j. ' r" (f ���,"f;(•(, "jti({�' lu,;'�g,I' ; tr'/
OTHER HEAVY AND CIVIL.ENGNEERING `CQN3TRUCTIi7N (CSBE)
of
DBDRM20 VM20106
MiAM I-DADE
i
Cawlos A. Gimenez, Mayor
Decernber 24, 2012
Mr. M aria Gonzalez
MAGGOLC, INC.
11020 SW 55th St
Miami, FL 33165-000Q
Department of Regulatory and Economic Resources
Small Business Development
111 NW 1 street, 191, Floor
Miami, Florida 33128
T 305-375-3111 F 305-375-3160
Anniversary Date: Decernber 21
Dear Mr: Goivalez:
The Miami Dade County Small Business Deslapment (SBD) under business Affairs, a divislon of
Regulatoryand Economic Resources Department (RER), is pleased to notifyyou of ypur firm's continuing
eligibility as a Disadvantaged Business Enterprise (DBE) under the Florida Unified Certification Program
(UCP) in accordance with 49 CFR Part 23 and 26, Your firm is c4tiff ed in the cafieg oriel listed below.
Your DBE certification is continuing from the Ann 1v6 Date listed above, contingentupon your firm
maintaining Its eligibility annually through this office. YcuWll be notified of your annual responsibilities in
advance of the Anniversary Date. You must submit the annual AFFIDAVIT FOR CONTINUING ELiCIBIL(TY
no later than the Anniversary date to maintain your eligibility. Your firm will be listed In Florfdds UCP DBE
Directory, which can be accessed through the Florida, Department of Transportation`s website:
www.dot.state,fl.us/eaualopportunityofllce and then selecting "DDE Directory."
if, at any the time, there is a material change in your firm, you must advise this office, bysworn affidavit and
supporting documentation, within thirty (30) days. Changes include, but are not limited to, owneirship
officers, directors, management, lvey personnel, scope of work performed, daily operations, on-going
business relationships with other firms or individuals or the physical location of your firm. After our review,
you Wil receive instructions as to how you:should proceed, if necessary, Fallure to do so Wil be deemed a`
fail ure on your part to cooperate and will result in action to remove iJBE certification
I
fve any questions or concerns, you maycontact our office at 305-375-3111
�"
!� Y
cGriff, Business Support Services, Director
siness Development
RIES: (Your firm may bid or participate on contracts only under these categories)
pecialtyTrade Contractors
Commerotal And Institutional Building Construction
Highway, Street, And Bridge Construction
Industrial Building Consiructlai
New Housing OperativeBuilders
New M ulUMrn1ly Houslrg; Construction (E.)cept Operative Builders}
:.5
Now SingfixFanliyHrnlsing Construction(FxcoptOperatitieBuilders)
Other Hea+yAnd Ciel Engineering Construction
Poured Concrete Foundation And Structure Contractors
Residential Remodelers
Site Preparation Contractors
Structural Steel And Precast Concrete Contractors
Water And Sewer Line And Related Structures Construction
'�,�7LY•�'(.�l ill-,�•:-+,.�i�I,i..ii•, �r�vE+� 5,.. i•!�,i�V? ��.iir
DBDRP�-De� CONT-LLIGJ.hPRDVAL v,2012102h
.' {� as
. W Me.
'ad,
Engineering Contractor --Lic. E-251302
11020 SW 65 ST., Miami) FL 33165
Phone; 786-251.2949 Fax; 786-472-8831
m_mg_oiayahna.com
RESUME:
MARIO GONZALEZ
Superintendent/ Project Manager of Maggolc Inc.
Gonzalez is a Roadway Construction and Civil Engineer with over 24 years of progressive experience in the
fields of highway and railway design, construction, maintenance, and operations.
EDUCATION:
Instituto Superior Polit6cnico (Higher Polytechnic Institute) "Julio Antonio Mella", Santiago de Cuba, Cuba.
Degree; iNGENIERO VIAL, (Roadway Construction Engineer), July 1988. This is equivalent.to a Bachelor
of Science in Civil Engineering (BSCE) from a regionally accredited institution of higher education in the United.
States.
Universidad Central de Venezuela, Caracas, Venezuela,
Degree: INGENIERO CIVIL (Civil Engineer), July 1997.
CERTIFICATIONS:
- TROXLER Electronics Lab - Nuclear Gauge Safety Training, (2001 & 2004)
- FDOT -- MUTCDIMaintenance of Traffic, Intermediate Level (2008)
ASPHALT PAVING TECHNICIAN —Level 1(2004)
EARTHWORK CONSTRUCTION INSPECTION — Level 1 (2005)
ACI, Concrete Field Testing Technician- Grade 1. (2005)
FDOT Concrete Field Inspector Specifications. (2005)
LICENSES:
-General Engineering Contractor
-General Building Contractor
-Registered and Certificate State of Florida Undei-grau.nd Utilities Contractor,
-Registered General Contractor State of Florida
WORD :EXPERIENCE;
MAGGOLC INC., Miami, Florida, USA (June 2005 to Present).
Gonzalez is the owner and president of Maggole Inc., this as an Engineering Contractor Company. Specialized in
Drainage Systems, Pavement and Concrete.
Work Executed:
- Friedland Manor Drainage Improvements (City of Florida City) 2013
- NW 8 ST & NW 14 CT Roadway & Drainage Improvements (City of Miami) 2013
- I-195/ Julia Tuttle Dike Path/ Trail (FDOT) 2013
- ARRA Municipalities Group B: City of Miami Gardens Bus Shelters (Miami Dade Transit) 2013
- Progress Rd Roadway & Drainage Improvements (City of South Miami) 2012
- Killian Park Rd Stormwater Improvements (Village of Pinecrest) 2012
- Phase IV Drainage Improvements. (Village of Palmetto Bay) 2012
- SR 94/ Kendall Dr at SW 142 Ave Roadway Improv. (FDOT) 2012
- FDOT LAP Roadway Improvements. (City of Sweetwater) 2012
- SW 64 Street Corridor Improv. (City'of South Miami) 2012
- District #2 Citywide ADA Sidewalk Improvements. (City of Miami) 2012
- Long Key State Park - Resurface Campground Road (Florida Dep, of Environmental Protection) 2012,
Suncrest Dr. & Moss Ranch Rd. Storm^water improvements (Village of Puiccrest) 2011.
- SR 909 (Alton Road) at West 52 Street Drainage Improvements (FDOT District 6) 2011
- SW 19 Terrace Roadway & Drainage Improvements (CIP, City of Miami) 2011,
Tamiaml Canal Miccosukee Linear Park (Miami -Dade County; Park & Recreation Dep,) 2011.
-District #4 Citywide ADA Sidewalk Improvements (City of Miami) 2011
-MIA NW 36 Street & 67 Ave IntersectionImprovement (concrete ) (Aviation Department M -D County)
2011
-MIA Building 3050 Parking Lot Improvements (Aviation Department M -D County) 2011
-District #1 Citywide ADA Sidewalk Improvemonts'(City of Miami) 2011
-District #3 Citywide ADA Sidewalk Improvements (City of Miami) 2011
-intersection Realignment SW 139 Tern & SW 140 Dr. and Esat Guava ST One Way Street Conversion,
(Village of Palmetto Bay) 2010
-Installation of Sidewalks and Ramps along NE 12 Ave. (City of North Miami) 2010,
-AD Barnes Park Asphalt Walkways.. (M -D County Park &c Recreation) 2010.
-Golden Shore Park Pavers Sidewalks. (City of Sunny Isles). 2010
-District 1, Sidewalks Repair. (City of Miami). 2010
Crandon Park ADA Parking Space Striping and Signs. (M -D County Park &i Recreation) 2010.
-District 11, Sidewalks Repair. (City of Miami), 2010
Harbor Drive Lighting and Resurfacing Improv. (Village of Key Biscayne) 2010
Blue Road Roundabouts and Drainage. (City of Coral Gables) 2010
-Drainage Retentioh"Improvements of State Rd. 907 (Alton Rd.) at Allison Drive. Milling and Asphalt
Resurfacing. (FDOT,`District 6) 2009
-Country Club of Miami Parr Concrete and Asphalt Walkway (Miami -Dade County, Park & Recreation
Dep.) 2009."
-Brendwood Park Asphalt Walkway. (City of Miami' Gardens) 2009.
-West Little River Improve Asphalt Driveways. (Miami -Dade County Office of Community and Economia
Development) 2008.
-West Perrine Park Concrete Slabs and Poured Safety Surface. (M -D C Park and Recreation) 2008
- Asphalt Pavement Repair, Florida Department of Transportation (District 6). 2008-2009; 2009-2010 and
201.0.2011.
-Improve Intersections Countywide Project, include Milling and Asphalt Resurfacing. (Sidewalk, Handicap
Ramps, Curb & Gutters, Pavers, New Pavement, Drainage, Sodding (M -b County Public Work Dep.) 2008
-Seal Coat and Restriping of Station 13 and Logistics'Parking Area. (MD County Fire Rescue Department)
2008
-Dolphin Archaeological Site Sidewalk Construction. (M -D County Park and Recreation) 2008.
-Olympic Park Sidewalks Construction. (M -D County Park and Recreation) 2007
-Norman &Jean Reach.Park Foul Ball Netting, (M -D County Park and Recreation) 2007
-Drainage Improvement Project for NW 22 Court from NW 107 ST to NW 112 ST. (M -D, County Public
Work Dep.). 2006, etc
Others Places where Gonzalez was working
SRS ENGINEERING, INC., Miami, Florida, USA, (August 2006 to July 2007).
Construction Field Inspector of Drainage and Roadway Restoration. (Public Work Department, Miami -Dade
County Projects).
-Allaphatta Phase 1.
wHardwood Village Phase II,
BERMELLO, AJAMIL & PARTNERS, INC., Miami, Florida, USA. (May 2005 to July 2006).
Quality Control (QC) Construction Inspector (DOT Projects): (Earthwork, Con Crate and Asphalt).
-Okeechobee Road. (W 12 Ave to Palmetto Expwy)
-Miami Garden Drive, (NW 2 Ave to NW 17 Ave.)
-Biscayne Blvd. (NW 96 ST to NW 104 ST)
-Golden Gate Pkwy (Naples)'
-Florida's Turnpike (Griffin Rd to Sunrise Blvd).
-A- l -A (Key West).
MARLIN ENGINEERING INC., Miami, Florida, USA. (October 2000 --May 2005).
February 2004 to May 2005.
Construction Field Inspector of Drainage and Roadway (FEMA-DERM, Miami -Dade County Projects),
Activities Included:
Verify of storm drainage structures in accordance with the approved shop drawings, installation of drainage and
pollution control structures, drainage pipe inverts, Joints, seals, French Drain Systems, solid pipe placement and
bedding material. Check the Contractor's compliance with all Maintenance offraffic,
Reconstruction of Pavement, Roadway Milling and Resurfacing; reconstruction of Curb and Gutter and
Sidewalks; Site Restoration, including Grading of Swales, Sod Placement, etc,
Requirementso
- Ensure the quality of the construction work, as per the Public Works Department
Manual, FDOT Standards, and Project Contract Documents.
- Ensure the full restoration of the project, Including site cleanliness, swale grading, and sod placement,
- Keep records of daily activities, daily production, site testing, and progress of the work-,
- Resolve complaints by residents resulting from construction activities.
March 2001 to February 2004; kEpigqIRgigM
Project Engineer for the design, roadway restoration, and storm drainage systems improvernent, including
independent sites and community. (DERMIFEMA Program administered by the Division of Recovery and
Mitigation -DORM) in Miami -Dade County and City of Miami Storm Drainage Improvement Program),
Working closely with Microstation and AutoCAD software,
October 2000 to March 2001 and October 2002 to February 2003: Roadway Inspector.
Surveying, inspecting and drawing sketches for roadway restoration projects in Q.N,I,P, Public Work
Department of Miami -Dade County. Inspecting and supervising construction of asphalt patching, milling and
resurfacing operations.
Section 64 Contract Execution Form
THIS Cotract #13-1917, made thls.21�' of a year 2014 in the
amount of $352,348.79 by and betwe 6n THE CITY 05 UAMI, RIDA, hereinafter called the
"CITY,' and MAGGOLC, INC., hereinafter called the "Contractor.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WUN S/ TT T MAGGOL IN a lorlda corporation
Sign w
Signature �7 V
6r
ATTEST:
CONTRACTOR Secretary
(Affirm CONTRACTOR Seal, if available)
ATTEST:
Todd annon City
7
APPRovE6AS.. 0
R E Q U I R6 M E NT,.
RANCE
"I
Rlak ManaTmd.Department
NW 18 th Place Road Improvements — D3
(Corporate Seal)
City of Miami, a Municipal corporation of the
State, of Florida
JoJo z
ny Martin z, P.E., City Manager
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:,
Wctorla bridez, City A.
103
ITB No.: 12.13-064
ION
WHEREAS,
Inc. desires to enter into a
contract with the City of Mam
ii
il 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 theJ_____1-
(type title of officer)
is hereby authorized
(t9 ype 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 O day of 201,4—.
Secretary
(Corporate Seal)
104
NW 18 th Place Road Improvements -- D3 ITS No.: 12-13-b6xl
City of Miami
Text File Report
City hall
3500 Pan American Drive
Miami, FL 33133
www.miarnigov.com
File ID: 13-01397 Type: Resolution Status: Passed
Enactment#: R-14-0003 Enactment Date: 1/9/14
Version: I Introduced: 12/4/13 Controlling Body: Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING
THE BID RECEIVED OCTOBER 7, 2013, PURSUANT TO INVITATION TO BID ("ITB") NO.
12-13-064, FROM MAGGOLC INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER,
FOR THE NW 18TH PLACE ROAD IMPROVEMENTS PROJECT, B-40314, IN THE AMOUNT OF
$352,348.79, FOR THE SCOPE OF WORK, PLUS A TEN PERCENT (10%) OWNER
CONTINGENCY AMOUNT OF $35,234.88, FOR A TOTAL NOT TO EXCEED AWARD VALUE
OF $387,583.67; ALLOCATING FUNDS IN THE AMOUNT OF $387,583.67, FROM CAPITAL
IMPROVEMENT PROJECT NO. B-40314; AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB
DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE.
WHEREAS, the Capital Improvements Program ("CIP") issued Invitation to Bid ("ITB") No. 12-13-064 for construction
services for the NW 18TH Place Road Improvements Project, B-40314 ("Project") and
WHEREAS, six (6) bids were received by the Office of the City Clerk on October 7, 2013; and
WHEREAS, CIP has determined Maggolc, Inc. ("Maggolc") to be the lowest responsive and responsible bidder; and
WHEREAS, the City Manager requests authorization to execute a contract with Maggolc, in the amount of $352,348.79, for
the scope of work, plus a ten percent (10%) owner contingency amount of $35,234.88, for a total not to exceed award value of
$387,583.67; and
WHEREAS, funds in the amount of $387,583.67 are to be allocated from Capital Improvement Project No. B-40314;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated
as fully set forth in this Section.
Section 2. The bid received October 7, 2013, pursuant to ITB No. 12-13-064 from Maggolc, the lowest responsive and
responsible bidder, for the Project, in the amount of $352,348.79, for the scope of work, plus a ten percent (10%) owner
contingency amount of $35,234.88, for a total not to exceed award value of $387,583.67, is accepted, with fiords in. the amount
of $387,583.67, allocated from Capital Improvement Project No. B-40314.
City of Miami Page l Printed on 6/9/2015